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The Impact Of Cultural Heritage On Japanese Towns And Villages, Yuichiro Tsuji Dr. 2020 University of Tsukuba

The Impact Of Cultural Heritage On Japanese Towns And Villages, Yuichiro Tsuji Dr.

Seattle Journal of Technology, Environmental & Innovation Law

No abstract provided.


Collective Criminality And Sexual Violence: Fixing A Failed Approach, Susana SaCouto 2020 American University Washington College of Law

Collective Criminality And Sexual Violence: Fixing A Failed Approach, Susana Sacouto

Articles in Law Reviews & Other Academic Journals

International criminal tribunals have developed a number of legal theories designed to hold individuals responsible for their role in collective criminal conduct. These doctrines of criminal participation, known as modes of liability, are the subject of significant scholarly commentary. Yet missing from much of this debate, particularly as regards the International Criminal Court, has been an analysis of how current doctrine on modes of liability responds to the need to hold collective perpetrators criminally responsible for crimes of sexual and gender-based violence (SGBV). Indeed, many writings in this area of the law address perceived shortcomings in the theoretical underpinnings of ...


Brexit: A Harbinger Of Change For The European Union, Benjamin D. Hargrove 2020 University of St. Thomas, Minnesota

Brexit: A Harbinger Of Change For The European Union, Benjamin D. Hargrove

University of St. Thomas Law Journal

No abstract provided.


Silencing Xinjiang: The Chinese Government's Campaign Against The Uyghurs, Connor W. Dooley 2020 University of Georgia School of Law

Silencing Xinjiang: The Chinese Government's Campaign Against The Uyghurs, Connor W. Dooley

Georgia Journal of International & Comparative Law

No abstract provided.


First Responders, Second Priority: Georgia's Inmate Firefighter Program And International Human Rights Standards, Erin Paige McGonigle 2020 University of Georgia School of Law

First Responders, Second Priority: Georgia's Inmate Firefighter Program And International Human Rights Standards, Erin Paige Mcgonigle

Georgia Journal of International & Comparative Law

No abstract provided.


Globalists And The Corruption Of Sources, Amy Baker Benjamin 2020 Auckland University of Technology Law School

Globalists And The Corruption Of Sources, Amy Baker Benjamin

Georgia Journal of International & Comparative Law

No abstract provided.


The Case Of Palestine Against The Usa At The Icj: A Non-Starter Or Precedent-Setter?, Md. Rizwanul Islam 2020 North South University, Bangladesh

The Case Of Palestine Against The Usa At The Icj: A Non-Starter Or Precedent-Setter?, Md. Rizwanul Islam

Georgia Journal of International & Comparative Law

No abstract provided.


Table Of Contents, Vol. 48, Iss. 1, Georgia Journal of International and Comparative Law 2020 University of Georgia School of Law

Table Of Contents, Vol. 48, Iss. 1, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


The Unlawfulness Of A “Bloody Nose Strike” On North Korea, Kevin Jon Heller 2020 University of Amsterdam; Australian National University

The Unlawfulness Of A “Bloody Nose Strike” On North Korea, Kevin Jon Heller

International Law Studies

The United States has reportedly been debating whether to "react to some nuclear or missile test with a targeted strike against a North Korean facility to bloody Pyongyang’s nose and illustrate the high price the regime could pay for its behavior." This article asks a simple question: would such a “bloody nose strike” (BNS) violate the jus ad bellum?

Providing a coherent answer is complicated by the lack of clarity surrounding the United States’ planning. In particular, the U.S. government has not specified what kind of provocation it believes would justify launching a BNS, has not identified precisely ...


The Proof Is In The Process: Self-Reporting Under International Human Rights Treaties, Cosette D. Creamer, Beth A. Simmons 2020 University of Minnesota Law School

The Proof Is In The Process: Self-Reporting Under International Human Rights Treaties, Cosette D. Creamer, Beth A. Simmons

Faculty Scholarship at Penn Law

Recent research has shown that state reporting to human rights monitoring bodies is associated with improvements in rights practices, calling into question earlier claims that self-reporting is inconsequential. Yet little work has been done to explore the theoretical mechanisms that plausibly account for this association. This Article systematically documents—across treaties, countries, and years—four mechanisms through which reporting can contribute to human rights improvements: elite socialization, learning and capacity building, domestic mobilization, and law development. These mechanisms have implications for the future of human rights treaty monitoring.


Popular Consultation And Referendum In The Making Of Contemporary Cuban Socialist Democracy Practice And Constitutional Theory, Larry Catá Backer, Flora Sapio 2020 Pennsylvania State University

Popular Consultation And Referendum In The Making Of Contemporary Cuban Socialist Democracy Practice And Constitutional Theory, Larry Catá Backer, Flora Sapio

University of Miami International and Comparative Law Review

The language of democracy and democratic organization is usually spoken only in the vernacular of liberal democracy. Liberal democracy, mostly of western origin centers legitimacy of a political order on open, full, and free election for representatives, as well as a substantially unregulated civic space in which individuals and others can engage in political discourse. This essentially exogenous form of democratic organization has been increasingly challenged in the 21st century by an alternative model of endogenous democracy more compatible with states organized along Marxist Leninist principles. These emerging forms of endogenous democratic practices have been developed along two distinct lines ...


Their Cheese Has Holes But Their Gun Policy Doesn’T: A Review Of The Swiss Gun Policy Compared To The United States, Nikolaos Manuel Hernandez 2020 University of Miami Law School

Their Cheese Has Holes But Their Gun Policy Doesn’T: A Review Of The Swiss Gun Policy Compared To The United States, Nikolaos Manuel Hernandez

University of Miami International and Comparative Law Review

“With the right to bear arms come a great responsibility to use caution and common sense on handgun purchases.” – Ronald Reagan

The left will say we need more gun control, the right will say it is our constitutional right to bear arms. Is one truly better than the other? Does the answer lie simply in gun education? This note will scrutinize the history of the Second Amendment to the United States Constitution as it relates to gun rights, gun laws, and gun violence. Next, this note will compare those rights, laws, and statistics to that of Switzerland. Switzerland’s gun ...


Reforming Expansive Crime Control & Sentencing Legislation In An Era Of Mass Incarceration: A National And Cross-National Study, Rebecca Wasif 2020 University of Miami Law School

Reforming Expansive Crime Control & Sentencing Legislation In An Era Of Mass Incarceration: A National And Cross-National Study, Rebecca Wasif

University of Miami International and Comparative Law Review

No abstract provided.


Environmental Racism: How Governments Are Systematically Poisoning Indigenous Communities & The U.N.’S Role, Maia Dombey 2020 University of Miami Law School

Environmental Racism: How Governments Are Systematically Poisoning Indigenous Communities & The U.N.’S Role, Maia Dombey

University of Miami International and Comparative Law Review

This note examines the practice of toxic waste dumping on indigenous lands and how it fits within the broader concept of environmental racism. It further evaluates the international human rights framework and how the United Nations and other international bodies interact with this concept and provide means for protection against this illicit practice. Further, it examines the role of the Special Rapporteur on the Implications for Human Rights of the Environmentally Sound Management and Disposal of Hazardous Substances and Wastes and how he, in his role as Special Rapporteur, can provide relief to indigenous communities suffering the effects of this ...


The Shortcomings Of The “Public Charge” Doctrine: Why The Dhs Final Rule Should Be Abandoned And Why The United States Should Look To The Progressive Immigration Policies Of Sweden, Emily Demetree 2020 University of Miami Law School

The Shortcomings Of The “Public Charge” Doctrine: Why The Dhs Final Rule Should Be Abandoned And Why The United States Should Look To The Progressive Immigration Policies Of Sweden, Emily Demetree

University of Miami International and Comparative Law Review

The United States has a longstanding history of denying aliens admission based on a wide range of grounds that we have deemed to demonstrate the alien would be either dangerous to society or a financial burden on the state. “Self-sufficiency” has been a basic principle of US immigration law since the country’s earliest immigration statutes. It is the contention of the Department of Homeland Security that the availability of public benefits can create an incentive for immigration to the United States at a rate that cannot be financially supported by the government. Certain European countries, such as Sweden, see ...


Pluralism, Democracy, And The Conflict Within: Challenging The State’S Narrative By Artistic Forms Of Protest, Alexandra V. Orlova 2020 Ryerson University

Pluralism, Democracy, And The Conflict Within: Challenging The State’S Narrative By Artistic Forms Of Protest, Alexandra V. Orlova

University of Miami International and Comparative Law Review

This article follows the Pussy Riot case from the 2012 trial decision to the 2018 challenge before the European Court of Human Rights (ECtHR). The case revolved around the “punk prayer” performed by three women in Christ the Saviour Cathedral in Moscow. While the case, which centered on violation of freedom of expression, may be framed as a matter of political speech vs. religious speech, it has broader implications. Pussy Riot’s performance and subsequent legal cases were about the ability of pluralism and dissent to counter the carefully constructed government narrative of “traditional values” and moral sovereignty. For democracy ...


The Primitive Lawyer Speaks!: Thoughts On The Concepts Of International And Rabbinic Laws, Harlan Grant Cohen 2020 Villanova University Charles Widger School of Law

The Primitive Lawyer Speaks!: Thoughts On The Concepts Of International And Rabbinic Laws, Harlan Grant Cohen

Villanova Law Review

No abstract provided.


It’S Time To Turn On The Lights: The Necessary Steps For The Rural Electrification Of Sub-Saharan Africa, John Morris 2020 University of Notre Dame Law School

It’S Time To Turn On The Lights: The Necessary Steps For The Rural Electrification Of Sub-Saharan Africa, John Morris

Notre Dame Journal of International & Comparative Law

While each country in Africa is in a different state of electrification, this Note focuses on the nations of Tanzania and Kenya. Comparatively, in the First World, power generation was a gradual and non-linear process that was slow to perfect. This Note argues that the lack of rural electrification in sub-Saharan Africa will continue without a confluence of investment, support, and regulation. Renewable energy sources (such as solar, wind, and geothermal) seem promising, but none are without their own limitations. The use of mini-grids will play an important role in electricity access for sub-Saharan Africa. This Note advocates that the ...


Attribution And Other Conditions Of Lawful Countermeasures To Cyber Misconduct, Mary Ellen O'Connell 2020 University of Notre Dame Law School

Attribution And Other Conditions Of Lawful Countermeasures To Cyber Misconduct, Mary Ellen O'Connell

Notre Dame Journal of International & Comparative Law

State cyber misconduct is on the rise, and it can be difficult to differentiate between malicious governmental cyber conduct and active cyber defense. Though some argue that cyberspace is a law-free zone, offensive cyberattacks are almost always unlawful regardless of their purpose. This Article contends that international law can provide for legal boundaries in cyberspace and analogizes cyber misconduct to government actions such as espionage. So long as conditions provided by international law (such as notice, necessity, and proportionality) are met, countermeasures to malicious cyber operations are generally lawful. Cases of urgency may be an exception to this general rule ...


Masthead, 2020 Notre Dame Law School

Masthead

Notre Dame Journal of International & Comparative Law

No abstract provided.


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