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Articles 1 - 30 of 89
Full-Text Articles in Law
Enforcing International Human Rights Law Against Corporations, Barnali Choudhury
Enforcing International Human Rights Law Against Corporations, Barnali Choudhury
All Papers
International human rights law is generally thought to apply directly to states, not to corporations since the latter is not a subject of international law. Some domestic courts are, however, enforcing these norms against corporations in domestic settings. Canadian courts have, for instance, recognized that corporations can be liable for breach of customary international law norms while UK courts have enforced international human rights norms indirectly against corporations relying on a combination of domestic corporate and tort law.
At the same time, some states are choosing to enforce international human rights norms against corporations using regulatory initiatives. These initiatives, known …
The Eagle’S Eye On The Rising Dragon: Why The United States Has Shifted Its View Of China, Jackson Craig Scott
The Eagle’S Eye On The Rising Dragon: Why The United States Has Shifted Its View Of China, Jackson Craig Scott
Baker Scholar Projects
Since 1978, the People’s Republic of China (PRC) has long been viewed as an economic trading partner of the United States of America (US). The PRC has grown to be an economic powerhouse, and the US directly helped with that process and still benefits from it. However, during the mid-2010’s, US rhetoric began to turn sour against the PRC. The American government rhetoric toward the PRC, beginning with the Obama administration, switched. As Trump’s administration came along, they bolstered this rhetoric from non-friendly to more or less hostile. Then, Biden’s administration strengthened Trump’s rhetoric. Over the past ten years or …
Echoes Of The Zong Confronting Legal Realism In The Arguments For Reparations From The Atlantic Slave Trade And Modernday Human Trafficking, Glenys Spence
Faculty Scholarship
This Article is based on the premise that modern day human trafficking, like the transatlantic slave trade, violates jus cogens norms, and thus the practice was and still is a violation of US laws under customary international law. The analysis will examine the laws that were applied to chattel slavery in England and her colonies through the lens of some seminal slavery cases to unearth the tyranny of interpretation in human trafficking reparations and liability claims under the current Supreme Court jurisprudence and the Alien Tort Statute (“ATS”). The featured cases will reveal that the same philosophies undergirding the jurisprudence …
A Human Rights Approach To Climate-Induced Displacement: A Case Study In Central America And Colombia, Camila Bustos, Juliana Vélez-Echeverri
A Human Rights Approach To Climate-Induced Displacement: A Case Study In Central America And Colombia, Camila Bustos, Juliana Vélez-Echeverri
Elisabeth Haub School of Law Faculty Publications
The past decade was the warmest decade ever recorded. As climate impacts intensify, numbers of people displaced and in need of relocation increase. International law has yet to adapt to a changing climate and its implications for those most vulnerable. Experts still debate whether the existing refugee regime could provide a solution for those displaced by climate across international borders, while national governments continue to reckon with the domestic implications of internal displacement fueled by climate impacts. In this article, we apply a human rights lens to climate induced displacement, drawing from two case studies to highlight the human rights …
An Ngo Input For The Special Rapporteur For The Human Rights Of Migrants To The Office Of The United Nations High Commissioner For Human Rights Report On Human Rights Violations At International Borders: Trends, Prevention, And Accountability, Katherine Kaufka Walts, Sarah J. Diaz, Abigail Mitchell
An Ngo Input For The Special Rapporteur For The Human Rights Of Migrants To The Office Of The United Nations High Commissioner For Human Rights Report On Human Rights Violations At International Borders: Trends, Prevention, And Accountability, Katherine Kaufka Walts, Sarah J. Diaz, Abigail Mitchell
Center for the Human Rights of Children
The Center for the Human Rights of Children, in collaboration with Kids in Need of Defense (KIND) and the Young Center for Immigrant Children’s Rights (“Young Center”) submits this input in response to the call for submissions made by the Special Rapporteur on the Human Rights of Migrants to inform the forthcoming report to the 50th session of the Human Rights Council regarding the United States’ current border management policies that aim to prevent migration atthe southern border. This input will focus on United States’ push back methods, namely the recently reimplemented Migrant Protection Protocols (MPP) otherwise known as “Remain …
International Environmental Law At Its Semicentennial: The Stockholm Legacy, Melinda (M.J.) Durkee
International Environmental Law At Its Semicentennial: The Stockholm Legacy, Melinda (M.J.) Durkee
Scholarship@WashULaw
The 1972 United Nations Conference on the Human Environment produced the Stockholm Declaration, an environmental manifesto that forcefully declared a human right to environmental health and birthed the field of modern international environmental law. The historic event powerfully “dramatized . . . the unity and fragility of the biosphere,” sparking a remarkable period of international legal innovation and cooperation on environmental protection in the decades to come.
The Stockholm Declaration can be rightly celebrated for putting environmental issues on the international legal agenda and driving the development of environmental law at the domestic level around the world. At the same …
Human Rights At The Ocean-Climate Nexus: Opening Doors For The Participation Of Indigenous Peoples, Children And Youth, And Gender Diversity, Unwana Udo, Tahnee Prior, Sara L. Seck
Human Rights At The Ocean-Climate Nexus: Opening Doors For The Participation Of Indigenous Peoples, Children And Youth, And Gender Diversity, Unwana Udo, Tahnee Prior, Sara L. Seck
Articles, Book Chapters, & Popular Press
No abstract provided.
Abortion Rights Beyond The Medico-Legal Paradigm, Mariana Prandini Assis, Joanna Erdman
Abortion Rights Beyond The Medico-Legal Paradigm, Mariana Prandini Assis, Joanna Erdman
Articles, Book Chapters, & Popular Press
Abortion rights in international law have historically been framed within a medico-legal paradigm, the belief that regulated systems of legal and medical control guarantee safe abortion. However, a growing worldwide practice of self-managed abortion (SMA) supported by feminist activism challenges key precepts of this paradigm. SMA activism has shown that more than medical service delivery matters to safe abortion and has called into question the legal regulation of abortion beyond criminal prohibitions. This article explores how abortion rights have begun to depart from the medico-legal paradigm and to support the novel norms and practices of SMA activism in a transformation …
International Environmental Law At Its Semicentennial: The Stockholm Legacy, Melissa J. Durkee
International Environmental Law At Its Semicentennial: The Stockholm Legacy, Melissa J. Durkee
Scholarly Works
The 1972 United Nations Conference on the Human Environment produced the Stockholm Declaration, an environmental manifesto that forcefully declared a human right to environmental health and birthed the field of modern international environmental law. The historic event powerfully “dramatized . . . the unity and fragility of the biosphere,” sparking a remarkable period of international legal innovation and cooperation on environmental protection in the decades to come.
The Stockholm Declaration can be rightly celebrated for putting environmental issues on the international legal agenda and driving the development of environmental law at the domestic level around the world. At the same …
Harry Potter And The Gluttonous Machine, Jason A. Beckett
Harry Potter And The Gluttonous Machine, Jason A. Beckett
Faculty Journal Articles
In this paper, I outline the colonial structure of international law, and examine the short decline or suppression of its coloniality in the so-called ‘era of decolonisation’, then illustrate its resurgence in the modern neo-colonial order. PIL has split into two separate systems. One includes, and is justified by, the heroic tales of human rights and ‘Humanity’s Law’. The other is the actualised system of International Economic Law (IEL), an order driven by the need of the over-developed states to plunder the under-developed states’ resources and labour, to subsidise the luxury to which we have grown accustomed. One purports to …
The Deceptive Dyad: How Falseness Structures International Law, Jason A. Beckett
The Deceptive Dyad: How Falseness Structures International Law, Jason A. Beckett
Faculty Journal Articles
Public International Law (PIL) is portrayed as an autonomous and tolerably just legal system. A determinable system of rules and principles, deployed by professionals to evaluate and constrain the global machinations of power politics. Law as an authoritative structure through which global justice can be pursued. This entrenches a comforting, but false, progress narrative; and obscures the limitations of pursuing progressive change through international law. PIL is structured by false necessity and false contingency. These interact to create the Deceptive Dyad, which disguises the radical indeterminacy of PIL. PIL’s purported demands, however meticulously crafted, do not effect change in the …
The Role Of Lawyers In Bridging The Gap Between The Robust Federal Rights To Education And Relatively Low Education Outcomes In Guatemala, Maryam Ahranjani
The Role Of Lawyers In Bridging The Gap Between The Robust Federal Rights To Education And Relatively Low Education Outcomes In Guatemala, Maryam Ahranjani
Faculty Scholarship
Relative to other countries in the world and in Central America, the Guatemalan Constitution and the federal education law include a robust and detailed right to education. However, literacy rates and secondary educational attainment, particularly for Indigenous people and young women living in rural communities, remain low. The COVID-19 pandemic has only exacerbated disparities. Once children return to schools after the pandemic, the gaps will be even larger. Lawyers can play a critical role in making the strong Constitutional right to education more meaningful.
Justice Without Fear Or Favour? The Uncertain Future Of The International Criminal Court, Leila Nadya Sadat
Justice Without Fear Or Favour? The Uncertain Future Of The International Criminal Court, Leila Nadya Sadat
Scholarship@WashULaw
This essay traces the history of the International Criminal Court from its establishment in 1998 until the current day. It briefly surveys the history of the Court’s founding and evokes many of its current challenges and innovative aspects of its jurisprudence, particularly regarding jurisdiction, immunities, and admissibility, including decisions relating to the Situations in Afghanistan, Bangladesh/Myanmar, Libya, Palestine, and Sudan. As the essay notes, although many challenges have emerged from internal difficulties the Court has faced or design elements of the Statute, external challenges arising from the geopolitical environment within which it operates exist as well. Despite these problems, which …
Legal Pluralism Across The Global South: Colonial Origins And Contemporary Consequences, Brian Z. Tamanaha
Legal Pluralism Across The Global South: Colonial Origins And Contemporary Consequences, Brian Z. Tamanaha
Scholarship@WashULaw
This essay conveys past and present legally plural situations across the Global South, highlighting critical issues. It provides readers with a deep sense of legal pluralism and an appreciation of its complexity and the consequences that follow. A brief overview of colonization sets the stage, followed by an extended discussion of colonial indirect rule, which formed the basis for political and legal pluralism. Thereafter, showing the continuity from past to present, I discuss the transformation-invention of customary law, socially embedded village tribunals, enhancement of the power of traditional elites, uncertainty and conflict over land, clashes between customary and religious law …
Amicus Brief By Amnesty International And Others, Mark Gibney, Gamze Erdem Türkelli, Ashfaq Khalfan, Paula Litvachky, Ana María Suárez Franco, Sara L. Seck, Sigrun Skogly, Nicolás Carrillo-Santarelli, Jernej Letnar Černič, Tom Mulisa, Nicholas Orago, Wouter Vandenhole, Jingjing Zhang
Amicus Brief By Amnesty International And Others, Mark Gibney, Gamze Erdem Türkelli, Ashfaq Khalfan, Paula Litvachky, Ana María Suárez Franco, Sara L. Seck, Sigrun Skogly, Nicolás Carrillo-Santarelli, Jernej Letnar Černič, Tom Mulisa, Nicholas Orago, Wouter Vandenhole, Jingjing Zhang
Reports & Public Policy Documents
On September 2, 2020, six Portuguese youth filed a complaint with the European Court of Human Rights against 33 countries. The complaint alleges that the respondents have violated human rights by failing to take sufficient action on climate change, and seeks an order requiring them to take more ambitious action.
The complaint relies on Articles 2, 8, and 14 of the European Convention on Human Rights, which protect the right to life, right to privacy, and right to not experience discrimination. The complainants claim that their right to life is threatened by the effects of climate change in Portugal such …
Wrongful Extradition: Reforming The Committal Phase Of Canada’S Extradition Law, Robert Currie
Wrongful Extradition: Reforming The Committal Phase Of Canada’S Extradition Law, Robert Currie
Articles, Book Chapters, & Popular Press
There has recently been an upswing in interest around extradition in Canada, particularly in light of the high-profile and troubling case of Hassan Diab who was extradited to France on the basis of what turned out to be an ill-founded case. Diab’s case highlights some of the problems with Canada’s Extradition Act and proceedings thereunder. This paper argues that the “committal stage” of extradition proceedings, involving a judicial hearing into the basis of the requesting state’s case, is unfair and may not be compliant with the Charter and that the manner in which the Crown conducts these proceedings contributes to …
Corporate Commitment To International Law, Jay Butler
Corporate Commitment To International Law, Jay Butler
Faculty Publications
Corporations are increasingly important actors in international law. But vital questions underlying this development have long gone unanswered: How and why do corporations commit to international law?
This article constructs a general account of business interaction with international legal obligation and suggests that a gateway to demystifying this persistent puzzle lies in corporate opinio juris.
Corporate opinio juris describes a company's subscription to a rule of international law, even though the company is not technically bound by that rule. This subscription functions as a kind of pledge that, once made, has sway over the company and its peers and symbiotically …
Integrating Environmental Protection Into Asean Trading System, Kittinut Supsoontornkul
Integrating Environmental Protection Into Asean Trading System, Kittinut Supsoontornkul
Dissertations & Theses
Integrating environmental protection into ASEAN trading system is pivotal for ensuring long-term economic development and environmental sustainability. Due to its resource-based economy, ASEAN's economic performance highly depends on the sustainable condition of the environment. The ASEAN approach prioritizing economic growth without environmental consideration leads to environmental degradation and economic loss. Many transboundary environmental problems in ASEAN result from unsustainable production methods aiming to maximize advantages in trade competition. There are growing international efforts in addressing production and process methods as a part of the sustainable development goal. Major trading partners of ASEAN increasingly employ unilateral environmental trade measures and environmental …
An Umbrella Of Autonomy: The Validity Of The Hong Kong Protests, Ciera Lehmann
An Umbrella Of Autonomy: The Validity Of The Hong Kong Protests, Ciera Lehmann
Senior Honors Theses
Hong Kong has been fighting for democracy and to retain its autonomy from China, and the world has been watching. Over time, Hong Kongers have seen Beijing blatantly tighten its grip before time was up for the fifty-year agreement since the handover in 1997. In 2014, and again in 2019, hundreds of thousands of citizens filled the streets to participate in pro-democracy demonstrations with the protests only gaining momentum and influence. While there has mostly been support for Hong Kong’s independence movement, there has been argument that Beijing’s actions are completely justified. Should Hong Kong remain autonomous from China, and …
Revisiting Individual Rights And Personal Responsibilities Amid Covid-19, Christie Warren
Revisiting Individual Rights And Personal Responsibilities Amid Covid-19, Christie Warren
Popular Media
No abstract provided.
Concluding Rejoinder: The Art Of International Law And Altruism Of International Lawyers, Mary Ellen O'Connell
Concluding Rejoinder: The Art Of International Law And Altruism Of International Lawyers, Mary Ellen O'Connell
NDLS in the News
In the introductory essay, I sought to apply The Art of Law in the International Community as a response not only to military force and other ills but to the COVID-19 pandemic. Four colleagues have contributed on how they believe the book works and could work better. They have done so at a time of extraordinary challenge and in a spirit of generosity toward the goal we all seek, the flourishing of the created world.
The Theorized Relationship Between Organizational (Non)Compliance With The United Nations Guiding Principles On Human Rights And Desired Employee Workplace Outcomes, Magda B. L. Donia, Salvador Herencia Carrasco, Sara L. Seck, Robert Mccorquodale, Sigalit Ronen
The Theorized Relationship Between Organizational (Non)Compliance With The United Nations Guiding Principles On Human Rights And Desired Employee Workplace Outcomes, Magda B. L. Donia, Salvador Herencia Carrasco, Sara L. Seck, Robert Mccorquodale, Sigalit Ronen
Articles, Book Chapters, & Popular Press
Despite the presence of guiding legislation such as the United Nations Guiding Principles, respect for human rights is subject to the conscience of organizational actors. Given that some transnational corporations are more powerful than nation states, they play an important role in the economies in which they operate, often with far-reaching impact on the labor conditions and human rights protections within these countries. In the current global context, respect for human rights may be undermined when organizational decision-makers are tempted to ignore unethical practices due to considerations such as competition and short-term financial incentives. We propose that the higher standards …
Enter At Your Own Risk: Criminalizing Asylum-Seekers, Thomas M. Mcdonnell, Vanessa H. Merton
Enter At Your Own Risk: Criminalizing Asylum-Seekers, Thomas M. Mcdonnell, Vanessa H. Merton
Elisabeth Haub School of Law Faculty Publications
In nearly three years in office, President Donald J. Trump’s war against immigrants and the foreign-born seems only to have intensified. Through a series of Executive Branch actions and policies rather than legislation, the Trump Administration has targeted immigrants and visitors from Muslim-majority countries, imposed quotas on and drastically reduced the independence of Immigration Court Judges, cut the number of refugees admitted by more than 80%, cancelled DACA (Deferred Action for Childhood Arrivals), and stationed Immigration Customs and Enforcement (“ICE”) agents at state courtrooms to arrest unauthorized immigrants, intimidating them from participating as witnesses and litigants. Although initially saying that …
The New Social Contracts In International Supply Chains, David Snyder
The New Social Contracts In International Supply Chains, David Snyder
Articles in Law Reviews & Other Academic Journals
This Article considers, from legal, practical, moral, and policy perspectives, Model Contract Clauses (MCCs) to protect the human rights of workers in international supply chains. The product of the ABA Business Law Section Working Group to Draft Human Rights Protections in International Supply Contracts, the MCCs are an effort to provide companies with carefully researched and well-drafted clauses to incorporate human rights policies into supply contracts (purchase orders, master vendor agreements, and the like). The Article discusses the impetus, goals, and strategies of the MCCs and explains the paradigm of the corporate, operational, and political landscape for which they are …
The Double Whammy Of Being Female And African-American: How Black Women Are More Vulneralbe To Trafficking And Other Forms Of Discrimination, Cheryl Page
Journal Publications
Commercial sexual exploitation discriminates even among those that fall prey to this heinous criminal enterprise. It is impossible to comprehensively discuss this topic without addressing the fact that the majority of victims are female, females of color, traditionally are from a lower economic status, tend to not have as many educational opportunities, have experienced some form of abuse and trauma, have been a part of the foster care system, and have other vulnerabilities that make them even more susceptible to being trafficked. This discussion would be incomplete without also addressing how trafficking is connected to race and racial discrimination, poverty, …
Is Religion A Threat To Human Rights? Or Is It The Other Way Around? Defending Individual Autonomy In The Ecthr's Jurisprudence On Freedom Of Religion, Andrea Scoseria Katz, Paulo Pinto De Albuquerque
Is Religion A Threat To Human Rights? Or Is It The Other Way Around? Defending Individual Autonomy In The Ecthr's Jurisprudence On Freedom Of Religion, Andrea Scoseria Katz, Paulo Pinto De Albuquerque
Scholarship@WashULaw
Religious freedom is part and parcel of the European Convention of Human Rights (ECHR)’s broad catalogue of human rights. Yet in reality, religion and human rights can have a fraught, conflictive relationship. Is religion a threat to human rights? Are human rights a threat to religion?
These questions resist easy answers, yet an examination of the jurisprudence of the European Court of Human Rights’ (ECtHR) suggests that, on the whole, the Court has been more successful in identifying threats posed by religious beliefs or organizations to human rights than vice-versa. As to the former, we examine case-law in two subject …
Jesner V. Arab Bank, Rebecca Hamilton
Jesner V. Arab Bank, Rebecca Hamilton
Articles in Law Reviews & Other Academic Journals
The exclusion of transnational human rights litigation from U.S. federal courts is, for most practical purposes, now complete. On April 24, 2018, the U.S. Supreme Court delivered a 5–4 ruling in Jesner v. Arab Bank, deciding that foreign corporations cannot be sued under the Alien Tort Statute (ATS).
Local Human Rights Lawyering, Lauren Bartlett
Local Human Rights Lawyering, Lauren Bartlett
All Faculty Scholarship
International human rights offer a powerful set of norms that have helped domestic advocates to successfully secure additional civil, political, economic and social rights for those living in poverty in the U.S. Legal aid attorneys, public defenders, and other public interest advocates have recognized human rights as an additional advocacy tool and are increasingly using human rights arguments in U.S. courts. This article examines three cases in which legal aid attorneys and public defenders successfully used human rights arguments in U.S. courts, and discusses emerging best practices for using human rights in litigation in the U.S.
A Human Rights Based Approach To International Financial Regulatory Standards, Daniel D. Bradlow
A Human Rights Based Approach To International Financial Regulatory Standards, Daniel D. Bradlow
Articles in Law Reviews & Other Academic Journals
Globalization and information and communication technologies pushed national financial regulators to establish international standard setting bodies (SSBs) which promote non-binding international financial regulatory standards. However, finance inevitably has social and human rights impacts and the SSBs and their members are not meeting their responsibility to account for these impacts in their international standards. This failure means that financial regulators and institutions may under-estimate the risks associated with their operations leading to misallocations of credit, less safe financial institutions and less efficient and transparent financial markets. To avoid this problem, SSBs should adopt a human rights approach to standard setting. The …
To Speak With One Voice: The Political Effects Of Centralizing The International Legal Defense Of The State, Guillermo J. Garcia Sanchez
To Speak With One Voice: The Political Effects Of Centralizing The International Legal Defense Of The State, Guillermo J. Garcia Sanchez
Faculty Scholarship
When a government official defends a case before an international court, whose interest should he/she be representing? In today’s era of expanding international treaties that give standing to individual claimants, international courts review the actions of different government actors through the yardsticks of international law. The state is not unitary; alleged victims can bring international claims against various government entities including the executive, the legislature, the administrative branch, and the judiciary. Yet, the international legal defense of government actions is in the hands of the executive power. This paper focuses on the consequences of this centralization for inter-branch politics. It …