Digital Commons Network^™

Reimagining The Asylum Law In India: A Study On The Duty Of Of Non-Refoulement, Siddeeqa Iram

National Law School of India Review

The right of refugees to seek asylum is undisputedly provided by international instruments but traditionally, the right to grant asylum has been the prerogative of the state concerned. States have a duty of non-refoulement under Article 33 of the Refugee Convention, prohibiting the expulsion or return of refugees. Given the correlation between International Human Rights Law and International Refugee Law, non-refoulement comprises non-rejection at the frontiers as well. Despite the principle being a part of customary international law, due to the ambiguity prevailing in its application, it is constantly flouted by the member-states. Further, as the principle of non-refoulement includes …

The Effectiveness Of The Hague Convention In Addressing International Child Abduction, Areej A. Dakelallah Althubiti

Theses and Dissertations

Parental child abduction is a growing concern fueled by immigration, cross-cultural marriages, evolving family dynamics, and gaps in the implementation and enforcement of developed international frameworks. This study examines the effectiveness of and challenges to the enforcement of the Hague Convention on the Civil Aspects of International Child Abduction (HCCA), which was developed to address this problem. Specifically, the goal of this research is to assess the effect the HCCA has had on parental kidnapping, analyze its effectiveness in resolving international custody disputes, and identify the legal and practical obstacles that inhibit implementation. While the prevalence of parental kidnapping continues …

Table Of Contents, Loyola University Chicago International Law Review

Loyola University Chicago International Law Review

No abstract provided.

The Next Chapter Of Apartheid Is "Gender Apartheid", Naheed A. Farid

University of San Francisco Law Review

No abstract provided.

Front Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.

No Conozco A Ninguna Miranda Y Quiero Mi Abogado: The Constitutional Inadequacies Of Translated “Miranda Cards” In Police Interrogations, Sean Werkheiser

University of Miami Inter-American Law Review

This article explores the challenges and complexities surrounding the application of the Miranda warning in the United States and specifically addresses its impact on non– English–speaking immigrants. While many Americans are familiar with these rights, recent immigrants may not fully understand them, particularly if they come from countries that do not offer equivalent legal protections. This article performs a comparative analysis of the right to silence and counsel in Cuba, Haiti, and Colombia—three countries with the largest immigrant populations in Miami, FL. Furthermore, this article examines how Miami-Dade Police address the linguistic barriers inherent in translated “Miranda Cards,” and argues …

Empowering Ukraine’S First Legal Responders: Ukrainian-Us Collaboration And Clinics, Susan Felstiner, Davida Finger, Michelle Greenberg-Kobrin, Maria Tsypiashchuck

Articles

At the onset of the full-scale Russian war of aggression against Ukraine, U.S. law clinic professors worked alongside the leadership of the Association of Legal Clinics of Ukraine. The mutual objective was to support Ukrainian law professors and facilitate the continued legal education of their students, particularly the acquisition of skills typically taught in law clinics. Ultimately, the online partnership that developed focused on skills training and included seven Ukrainian law schools, faculty from over six U.S. law schools and one private law firm, and USAID Justice for All Activity in Ukraine. The overall goals of this collaboration were to …

Dispute Settlement Mechanisms Under The Free Trade Agreement, Ton J.M. Zuijdwijk

Maine Law Review

The purpose of this paper is to review the dispute settlement mechanisms that are contained in the Canada-United States Free Trade Agreement. The two countries reached agreement on the main features of the Free Trade Agreement on October 3, 1987. Thereafter, the elements of the Agreement were converted into the legal text of the Free Trade Agreement and signed by Prime Minister Mulroney and President Reagan on January 2, 1988. Legislation implementing the Free Trade Agreement has been introduced in the Parliament of Canada and in the United States Congress. In Canada the ordinary rules for legislative enactments will apply. …

Hacked! North Korea's Billion-Dollar Crypto Heisting Scheme, Kole Zellers

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Case Global: Faculty And Students Making A Global Impact In Extraordinary Times, Case Western Reserve University School Of Law, The Frederick K. Cox International Law Center

Case Global Newsletter

Vol. 16, No. 1 (2024)

• CWRU International Law student leader selected  as National Jurist Law Student of the Year
• CWRU Among the Best
• Three Decades of Global Impact
• Case Western Reserve Journal of International Law Tackles Global Climate Change
• The only Law School with a Foreign Policy Radio Program
• International Law Moot Court Powerhouse
• Celebrating the 75th Anniversary of the Universal Declaration and CWRU’s historic contributions to human rights
• CWRU law students develop Holocaust Memorial curriculum
• Yemen Accountability Project publishes fifth White Paper
• Financial Integrity Institute Expands
• Immigration Law program marks an extraordinary year
• International internships
• Capstone Placements take Students …

Apostille's Effect On Doing Business In Indonesia, Margaretha Uly Pakpahan

Journal of Private International Law Studies

Legalization through Apostille should simplify the legalization process, doing activities abroad and improving Indonesian economic quality. Legalization is a series of procedures performed to authenticate a signature, stamp or seal which aims to provide a valid status for a public document. The legalization process in Indonesia consists of two steps, namely legalization at the Ministry of Law and Human Rights after which legalization is carried out at the Ministry of Foreign Affairs. Furthermore, the document is shown to the representative of the country intended for legalization. In practice, the legalization process mostly carried out by various agencies in Indonesia, this …

Advancing The Due Process Right To Appointed Counsel In Immigration Removal Proceedings, Chloe Schalit

Refugee Law & Migration Studies Brief

Right now, noncitizens only have the right to an attorney if they can afford one. While courts have grappled with the inherent due process issue accompanying this standard, no court has held that noncitizens have the right to a government- appointed attorney. This paper promotes the provision of government-appointed attorneys to noncitizens in removal proceedings in immigration court under a due process lens. This paper will first briefly examine the difference between criminal and civil matters related to the Sixth Amendment right to an appointed attorney. Next, the paper will engage in a Fifth Amendment due process analysis, ultimately concluding …

Beyond The Borders: The Rise Of Judicial Corruption And Universal Jurisdiction, Rose Mahdavieh

University of Miami Race & Social Justice Law Review

No abstract provided.

Front Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.

Protection From Warlords & Celebrities: How Anti-Slapp Legislation Is Making International Headway To Protect Free Speech, Olivia Augustat

The International Law Review Association Student Forum

Strategic Lawsuits Against Public Participation (SLAPPs) are increasingly being used by powerful individuals and entities to silence dissent and criticism, posing a significant threat to free speech globally. This misuse of legal systems undermines democratic principles by intimidating those who speak out on matters of public interest. My paper argues for the urgent need for effective Anti-SLAPP legislation, focusing on a comparative analysis of the U.S. and European Union (EU) approaches. While the U.S. has a fragmented but largely pro-defendant framework, the EU is moving toward an arguably vaguer but more unified, cross-border solution. This paper takes a unique approach …

Aligning United States Law With International Norms Would Remove Major Barriers To Protection In Gender Claims, Karen B. Musalo Prof.

Faculty Scholarship

The protection of women and girls fleeing gender-based harms has been controversial in the United States (US), with advances followed by setbacks. The US interpretation of particular social group and its nexus analysis, both of which diverge from guidance by the United Nations High Commissioner for Refugees (UNHCR), is the most significant barrier to protection. It has become almost impossible for women and girls to rely upon the particular social group ground because of current requirements that social groups not only be defined by immutable or fundamental characteristics, but also be socially distinct and have particularity. Establishing nexus is also …

Dignity Deferred: Supriyo V. Union Of India And Lgbtq Rights, Ryan Thoreson

Faculty Articles and Other Publications

In Supriyo v. Union of India, a five-judge bench of the Supreme Court declined to find that same-sex couples have a right to marry under India’s Constitution. The various opinions in the case repeatedly recognised and affirmed the dignity of lesbian, gay, bisexual, transgender, and queer (LGBTQ) people, but ultimately found that exclusion from civil marriage did not run afoul of constitutional guarantees. In this Essay, I examine the limited understanding of dignity employed by the bench in Supriyo, juxtaposing this with both domestic and comparative LGBTQ rights decisions that embraced a more substantive understanding of dignity. I argue that …

Key Developments At The World Bank Inspection Panel (2013-2024), Dilek Barlas

Perspectives

Through the lens of important cases, this essay reflects on major developments that occurred at the Panel during the tenure of the author as the Executive Secretary of the World Bank Inspection Panel and shows how the Panel has evolved to improve accessibility, has influenced overall development policies, and has become a catalyst for institutional change. The essay observes that the Panel’s success has largely been due to its structural and operational independence, reporting as it does directly to the Bank’s Board of Executive Directors. However, there are challenges facing the Panel on certain issues, including most importantly its independence, …

Prosecutorial Independence Lost: How Prosecutorial Bureaucracy Is Politicized In South Korea, Neil Chisholm

Emory International Law Review

How is prosecutorial independence lost? How does a prosecution system’s design affect its political independence? This Article analyzes the inner workings of South Korea’s Prosecutors’ Office, which adheres to the Continental European style of prosecutorial organization and independence that emphasizes mechanisms of bureaucratic accountability for prosecutors. Based on interviews with prosecutors, police, judges, lawyers, scholars, and activists, it shows how independence is lost in three key areas of prosecutorial activity: personnel policy, investigations, and charging decisions. This article argues that aspects of the Continental tradition make prosecutors vulnerable to politicization.

Personnel policy has selected prosecutors meritocratically at young ages, trained …

Deadly Journeys: Climate Change, U.S. Border Enforcement, And Human Rights, Julia Neusner

Case Western Reserve Journal of International Law

Extreme weather events and slow onset disasters, exacerbated by climate change, are increasingly driving global displacement. As displaced people seek cross-border protection in unprecedented numbers, the United States has responded by tightening border controls and restricting asylum access. These policies have exposed migrants and asylum seekers in transit to greater risks of injury and death due to the impacts of climate change and climate-related disasters. Drawing on legal analysis, historical context, and firsthand interviews with people seeking U.S. asylum, this Article examines the implications of U.S. policies that limit freedom of movement and asylum access. The Article raises critical legal …

Slavery Still Exists And May Have Produced Your Hairdryer, Katherine Pratty

American University International Law Review

In 2020, the International Labour Organization (“ILO”) estimated that forced labor generated $51 billion USD. Many profiteers are not individual bad actors, but rather, corporations. Recently it came to light that one corporate profiteer is the multinational technology manufacturing company, creator of the most awarded hair care device in 2021: Dyson Limited. While Dyson has received praise for its products, Malaysia charged Dyson’s main production factory, ATA IMS, with labor law violations. Shortly thereafter, in February 2022, UK law firm Leigh Day publicly announced its suit against Dyson on behalf of the workers in Dyson’s Malaysia factory.

This Comment analyzes …

Memories Of An Affirmative Action Activist, Margaret E. Montoya

Seattle University Law Review

Some twenty-five years ago, the Society of American Law Teachers (SALT) led a march supporting Affirmative Action in legal education to counter the spate of litigation and other legal prohibitions that exploded during the 1990s, seeking to limit or abolish race-based measures. The march began at the San Francisco Hilton Hotel, where the Association of American Law Schools (AALS) was having its annual meeting, and proceeded to Union Square. We, the organizers of the march, did not expect the march to become an iconic event; one that would be remembered as a harbinger of a new era of activism by …

Analysis On Investor Protection In Myanmar Under The Myanmar Investment Law 2016, Ei Ei Htwe

Chulalongkorn University Theses and Dissertations (Chula ETD)

This paper explores the legal protections offered to foreign investors under the Myanmar Investment Law 2016 (MIL 2016), focusing on how these protections are structured, how they are applied in practice, and how they compare with international and regional standards. The law contains key provisions aimed at creating a stable and transparent investment environment. In particular, Section 47 ensures national treatment for foreign investors, meaning they should be treated no less favorably than local investors in similar situations. Section 48 commits to fair and equitable treatment (FET) and transparency, which are essential for ensuring that government decisions affecting investors are …

Legal Loopholes And Uncertainties Of Nominee Structures Under Foreign Business Law Of Thailand: Comparative Analysis With Austrian Investment Law, Harald Hinterer

Chulalongkorn University Theses and Dissertations (Chula ETD)

Laws and regulations concerning foreign direct investments in Thailand are at an all-time high. One of the most relevant legal bases for foreign direct investment is the Foreign Business Act B.E. 2542 (1999) (the “FBA”), which imposes restrictions on certain business activities. This research paper critically examines the effectiveness of the FBA in regulating foreign direct investment, with particular attention to nominee structures that may be used to circumvent statutory ownership restrictions. While the FBA aims to strike a balance between attracting foreign investment and protecting national interests, by focusing solely on capital shareholding, it contains loopholes which permit a …

Talking Foreign Policy: "Foreign Policy And Climate Change" November 20, 2023 Broadcast, Cwru Law School

Case Western Reserve Journal of International Law

No abstract provided.

Regulating The "Unregulated": The European Union And United Kingdom Have Put In Place Anti-Money Laundering Directives For The Art Market. Should The United States Follow?, Lauren A. Turner

Case Western Reserve Journal of International Law

No abstract provided.

Corporate Retreat In Asia: A New Era Of U.S. Law Firm Globalizations, Jocelyn Zhao

Emory Business Law Review Perspectives

No abstract provided.

Consumer Justice: Do Europeans Know Something We Do Not?, Magdalena Tulibacka

Emory International Law Review

No abstract provided.

The Digitalization Of Litigation, Manuel A. Gómez

Emory International Law Review

The development of digital tools that enhance communications, security and decision making have caught the attention of international development agencies, national governments, civil society organizations, and the private sector. The United Nations Development Programme (UNDP) has highlighted the importance of digital tools as a means “to improve justice sector efficiency, transparency and access to justice[,]” while the European Commission has aligned them with “a new push for European democracy in line with the political priority of a Europe fit for the digital age[.]” With these observations in mind, this article focuses on the unique advantages and challenges presented by the …

Front Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.