Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Publication
-
- Mark A. Drumbl (3)
- Chidi Oguamanam (2)
- Faculty Publications (2)
- James C Brady (2)
- Patrick M Talbot (2)
-
- Peter G. Danchin (2)
- Amin George Forji (1)
- Anna Conley (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Brian Christopher Jones (1)
- Bruno PS Van Eck (1)
- Christopher David Ruiz Cameron (1)
- Clara Presler (1)
- Collin Allan (1)
- David M. Smolin (1)
- Diana Kearney (1)
- Diane A Desierto (1)
- Douglas MacLean (1)
- Dr Nafees Ahmad (1)
- Dr. Saumya Uma (1)
- Elizabeth A. Clark (1)
- Emily Naser-Hall (1)
- Faculty Journal Articles and Book Chapters (1)
- Jack C Dolance II (1)
- Judith A Hale Reed (1)
- Kasari JL Govender (1)
- Marco A. Velásquez-Ruiz (1)
- Mary Ellen O'Connell (1)
- Patrick J. Keenan (1)
- Patrick Macklem (1)
- Publication Type
Articles 1 - 30 of 43
Full-Text Articles in Law
When Is A War Not A War? The Myth Of The Global War On Terror, Mary Ellen O'Connell
When Is A War Not A War? The Myth Of The Global War On Terror, Mary Ellen O'Connell
Mary Ellen O'Connell
It is essential to correctly classify situations in the world as ones of war or peace: human lives depend on the distinction, but so do liberty, property, and the integrity of the natural environment. President Bush's war on terror finds war where suspected members of al Qaeda are found. By contrast, war under international law exists where hostilities are on-going. To the extent there is ambiguity, the United States should err on the side of pursuing terrorists within the peacetime criminal law enforcement paradigm, not a wartime one. Not only does the criminal law better protect important human rights and …
Public Policy In International Investment And Trade Law: Community Expectations And Functional Decision-Making, Diane A. Desierto
Public Policy In International Investment And Trade Law: Community Expectations And Functional Decision-Making, Diane A. Desierto
Diane A Desierto
This article uses a contextual policy-oriented approach to assess how the standing debate on a State's regulatory freedom has been treated within international investment law (e.g. case-by-case interpretation of variant treaty design in each case), in contrast with how the issue of domestic regulatory autonomy in international trade law has evolved towards coordination (e.g. attempted harmonization of the same set of instruments). The article submits a different view from many primarily trade law/investment law scholars (and other systemic integrationists who idealize a seamless shift from trade law to investment law), who have postulated that this fundamental issue of State regulatory …
Inter-Country Adoption And The Special Rights Fallacy, James G. Dwyer
Inter-Country Adoption And The Special Rights Fallacy, James G. Dwyer
Faculty Publications
No abstract provided.
Enhancing Human Rights Through European Integration: How Recent Litigation Before The European Court Of Human Rights And The Court Of Justice Of The European Union Has Advanced European Aslyum Law, Clara Presler
Clara Presler
Recent case law from the two European courts charged with protecting human rights -- the European Court of Human Rights and the Court of Justice for the European Union -- reveals mutual influence that has enhanced protection of asylum seekers. The two courts’ willingness to engage in the other’s legal reasoning has resulted in rapid development in the areas of eligibility for asylum protection, detention of asylum seekers, and the Dublin II Regulation. This interplay has occurred despite the fact that the courts are not formally bound to each other, and each employs different procedures, mandates, and substantive law. In …
Addressing Early Marriage: Culturally Competent Practices And Romanian Roma (“Gypsy”) Communities, Judith Hale Reed
Addressing Early Marriage: Culturally Competent Practices And Romanian Roma (“Gypsy”) Communities, Judith Hale Reed
Judith A Hale Reed
Early marriage affects many communities around the world. Examples of commonly practiced early marriage can be found today in the U.S., India, Syria, and many other places. Although most countries have instituted minimum age laws for marriage, so that legal marriage can only occur after an age set by law, early marriage is still practiced for tradition, control, security, and other reasons. This article explores the harms of early marriage and the international instruments meant to defend against these harms in Part II. Part III reviews theoretical perspectives from legal anthropology and presents a case study of early marriage in …
The Problem Of Thirst: The Right To Equality And The Unlawful Privatization Of Water, Kasari Jl Govender
The Problem Of Thirst: The Right To Equality And The Unlawful Privatization Of Water, Kasari Jl Govender
Kasari JL Govender
The problem of thirst is a massive one, and a child dies every 15 seconds from disease related to lack of access to safe, clean water. Privatization is touted as the solution to water injustice, despite evidence that privatization of water services only increases water deprivation for the poorest citizens. This paper examines whether a privatized for-profit system of water access for personal use infringes the human right to water, and whether states have a legal responsibility to protect their citizens from any and all third party business interests in water. The problem of thirst is considered from the perspective …
Conflict Minerals And The Law Of Pillage, Patrick J. Keenan
Conflict Minerals And The Law Of Pillage, Patrick J. Keenan
Patrick J. Keenan
The illicit exploitation of natural resources—often called conflict minerals—has been associated with some of the worst violence in the past half-century, especially in the Democratic Republic of Congo. Prosecutors and scholars have struggled to develop legal tools to adequately hold accountable those who have been responsible for the exploitation of civilians and resources in conflict. The most common legal tool, the crime of pillage, has been inadequate because it has been applied only to discrete, relatively small episodes of theft. As important as it has been, the episodic theory is of limited utility when applied to what have been called …
The Rule Of Law Goes To Work: How Collective Bargaining May Promote Access To Justice In The U.S., Canada, And Around The World, Christopher David Ruiz Cameron
The Rule Of Law Goes To Work: How Collective Bargaining May Promote Access To Justice In The U.S., Canada, And Around The World, Christopher David Ruiz Cameron
Christopher David Ruiz Cameron
No abstract provided.
Right To Asylum Under International Human Rights Law And Edward Snowden Case, Dr Nafees Ahmad
Right To Asylum Under International Human Rights Law And Edward Snowden Case, Dr Nafees Ahmad
Dr Nafees Ahmad
No abstract provided.
Foreign Investment-Induced Migration In Colombia: Rethinking The Legal Schemes Of Protection And Accountability, Marco A. Velásquez-Ruiz
Foreign Investment-Induced Migration In Colombia: Rethinking The Legal Schemes Of Protection And Accountability, Marco A. Velásquez-Ruiz
Marco A. Velásquez-Ruiz
This paper intends to explore the relation between foreign investment and forced Migration in the context of Colombian armed conflict. Through the illustration of recent cases, it shows the various forms in which the operation of multinational corporations has generated adverse effects to the vulnerable communities located at their area of influence, thus generating processes of involuntary human mobility. In that way, it is established that there is a symbiotic relation between conflict and development, affecting the structure and scope of the norms for both the protection of forced migrants and accountability for human rights violations. This is so because …
Global Poverty And The Right To Development In International Law, Patrick Macklem
Global Poverty And The Right To Development In International Law, Patrick Macklem
Patrick Macklem
This Article advances an account of the right to development as a legal instrument that holds the international legal order accountable for its role in the production and reproduction of global poverty. It first distinguishes moral conceptions of human rights, as instruments that protect universal features of humanity, from legal conceptions, which tie their existence to their specification in international instruments promulgated in compliance with international legal norms governing the creation of legal rights and obligations. Despite textual ambiguities in the various instruments in which it finds expression, the right to development vests in individuals and communities who have yet …
Religious Freedom In The Jurisprudence Of The Egyptian And European Court Of Human Rights, Saba Mahmood, Peter G. Danchin
Religious Freedom In The Jurisprudence Of The Egyptian And European Court Of Human Rights, Saba Mahmood, Peter G. Danchin
Peter G. Danchin
No abstract provided.
The Tangled Law And Politics Of Religious Freedom, Peter G. Danchin
The Tangled Law And Politics Of Religious Freedom, Peter G. Danchin
Peter G. Danchin
No abstract provided.
Humanitarian Financial Intervention, Evan J. Criddle
Humanitarian Financial Intervention, Evan J. Criddle
Faculty Publications
Over the past several decades, states have used international asset freezes with increasing frequency as a mechanism for promoting human rights abroad. Yet the international law governing this mechanism, which I refer to as ‘humanitarian financial intervention’, remains fragmented. This article offers the first systematic legal analysis of humanitarian financial intervention. It identifies six humanitarian purposes that states may pursue through asset freezes: preserving foreign assets from misappropriation, incapacitating foreign states or foreign nationals, coercing foreign states or foreign nationals to forsake abusive practices, compensating victims, ameliorating humanitarian crises through humanitarian aid or postconflict reconstruction, and punishing human rights violators. …
Imfing With Your Economic Rights: The Greek Tragedy Of The Eurozone, James C. Brady
Imfing With Your Economic Rights: The Greek Tragedy Of The Eurozone, James C. Brady
James C Brady
While international human rights law promulgates that economic, social and cultural rights (economic rights) be supported just as fervently as civil and political rights, the reality is, they are not. The Greek debt crisis and resulting austerity measures demonstrate how a growing world economy is having an increasingly large impact on economic rights. States treat economic rights obligations similar to how businesses treat risk – that is, states seek to reduce their obligations like businesses seek to reduce their risk. As a result, economic rights remain second fiddle to their civil/political counterpart and a victim of supranational monetary monoliths like …
International Law, The Civilizing Mission And The Ambivalence Of Development In Africa: Conceptual Underpinnings, Amin George Forji
International Law, The Civilizing Mission And The Ambivalence Of Development In Africa: Conceptual Underpinnings, Amin George Forji
Amin George Forji
International law, past and present has had to constantly wrestle with striking a balancing act between legality and imperialism. Following the Agrarian and Industrial revolutions, European1 economies increasingly witnessed profound boosts in productivity and net output beginning from the 17th century. By the start of the 19th century when explorations and discoveries were the currency of the day, European powers increasingly saw the acquisition of Africa as crucial to satisfy its economic imperatives namely: reinforcing home industries and instituting a market for finished products. While professing liberal moralism, European encroachment into Africa became suddenly exemplified with a turn from informal …
Social Protection Afforded To Irregular Migrant Workers: Thoughts On International Norms, The Southern African Development Community, Botswana And South Africa, Bruno Ps Van Eck, Felicia Snyman
Social Protection Afforded To Irregular Migrant Workers: Thoughts On International Norms, The Southern African Development Community, Botswana And South Africa, Bruno Ps Van Eck, Felicia Snyman
Bruno PS Van Eck
The majority of migrant workers target those countries in southern Africa that have stronger economies. Irregular migrants are in a particularly vulnerable position, and this article discusses the protection that this category of persons may expect to experience in the southern African region. The authors recommend that the broad notion of “social protection”, rather than the narrower concept “social security” should be emphasized. International, continental and regional instruments providing protection to irregular migrants are traversed and the constitutional and legislative frameworks in relation to social protection in Botswana and South Africa are compared. The article concludes that there are significant …
U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii
U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii
Jack C Dolance II
U.S. asylum law protects against persecution “on account of . . . religion.” But must the law protect a non-believer seeking religious asylum in the United States? Many may instinctively answer “no,” for a non-believer is by most definitions not “religious.” Such a response misses the mark however — at least in the context of U.S. asylum law, which is subject to the First Amendment. The protection of religious liberty enshrined in the First Amendment embodies freedom from persecution on account of one’s “religion” — in whatever form that religion may take. In the asylum context, then, “religion” must be …
South Dakota: Making Dollars And Sense Of Indian Child Removal, Rachael Whitaker
South Dakota: Making Dollars And Sense Of Indian Child Removal, Rachael Whitaker
Rachael Whitaker
South Dakota- Making Dollars and Sense of Indian Child Removal By: Rachael Whitaker In 2004, a South Dakota Governor’s Commission report adamantly denied claims that the state’s Department of Social Services (DSS) is “harvesting Indian children as a cash crop” and “runs nothing more than a state sponsored kidnapping program.” National Public Radio (NPR) broke a story in 2011, claiming South Dakota removed Indian children for profit. Since NPR’s report, the state has remained tight-lipped, advocates have threatened litigation, and Congress has asked for answers. South Dakota has a small population and economy, and it receives almost half of its …
Indigenus Peoples' Rights At The Intersection Of Human Rights And Intellectual Property Rights, Chidi Oguamanam
Indigenus Peoples' Rights At The Intersection Of Human Rights And Intellectual Property Rights, Chidi Oguamanam
Chidi Oguamanam
Exploration of the interface between human rights (HRs) and intellectual property rights (IPRs) is a venture still at a gestational stage. One of the major challenges of that initiative is how to map indigenous peoples’ rights into the discourse. Indigenous peoples’ rights pose significant challenges to both HRs and IPRs jurisprudence. Not only is there a clarity gap over indigenous peoples’ rights in the international bill of rights. Indigenous people’s rights are analogous misfits to any head of conventional HRs as well as conventional IPRs. Overall, indigenous people’s rights are a source of irritation to both HRs and IPRs. The …
Direct Participation In Hostilities From Cyberspace, Collin Allan
Direct Participation In Hostilities From Cyberspace, Collin Allan
Collin Allan
As demonstrated by the cyber attacks against Georgia in 2008 and the cyber attacks against Aramco in 2012, civilians are increasing their participation in armed conflicts through cyber attacks. In 2009, the International Committee of the Red Cross (ICRC) published a document on how to determine when a civilian’s participation in armed conflict reaches the necessary level to render him or her targetable by one of the parties to the conflict. The Tallinn Manual was published this year to provide legal guidance in cyber situations. While professionals have written in this area previously, it is the first time that experts …
Consent And Self-Determination In Human Rights Lawmaking, Vijay Padmanabhan
Consent And Self-Determination In Human Rights Lawmaking, Vijay Padmanabhan
Vijay M Padmanabhan
A range of actors have advocated and implemented changes in how international human rights law is made and interpreted to reduce a State’s control over the content of its human rights obligations. Such efforts are premised on the view that State consent is an impediment to development of human rights. This article argues, however, that State consent is essential to the protection of the human right of self-determination, a right which guarantees people collective control over their political, economic, social and cultural development. Thus, efforts to expand international human rights without State consent themselves infringe upon a human right.
Because …
How Customary Is Customary International Law?, Emily Kadens, Ernest A. Young
How Customary Is Customary International Law?, Emily Kadens, Ernest A. Young
William & Mary Law Review
No abstract provided.
Reclassifying "Terrorists" As Victims: Integrating Terrorism Analysis Into The Particular Social Group Framework Of Asylum, Emily Naser-Hall
Reclassifying "Terrorists" As Victims: Integrating Terrorism Analysis Into The Particular Social Group Framework Of Asylum, Emily Naser-Hall
Emily Naser-Hall
After the September 11th terrorist attacks at the hands of al-Qaeda operatives who slipped through the cracks of the US immigration system, immigration and asylum law became increasingly focused on ensuring that potential terrorists are not allowed into the United States. The USA PATRIOT Act and its subsequent legislation created what has become an unyielding bar to admission for any individual who is a member of a terrorist organization or who has committed terrorist activities. While the terrorism bar developed in response to real or perceived threats to US national security and has recently regained public light with the trial …
Law And Atrocity: Settling Accounts In Rwanda, Mark A. Drumbl
Law And Atrocity: Settling Accounts In Rwanda, Mark A. Drumbl
Mark A. Drumbl
Ten years ago, genocide ravaged the tiny African nation of Rwanda. In the wake of this violence, Rwanda has struggled to reconstruct, rebuild, and reconcile. Law-in particular, criminal trials for alleged perpetrators of genocide- has figured prominently among various policy mechanisms in postgenocide Rwanda. Criminal trials for Rwandan genocidaires' aspire to achieve several goals. These include exacting retribution, promoting reconciliation, deterring future violence, expressing victims' outrage, maintaining peace, and cultivating a culture of human rights.2 In this Lecture, I examine the extent to which these trials attain these multiple, often competing, and largely overwhelming goals. Part I begins by setting …
Pluralizing International Criminal Justice, Mark A. Drumbl
Pluralizing International Criminal Justice, Mark A. Drumbl
Mark A. Drumbl
This Review Essay of Philippe Sands' (ed.) From Nuremberg to the Hague (2003) explores a number of controversial aspects of the theory and praxis of international criminal law. The Review Essay traces the extant heuristic of international criminal justice institutions to Nuremberg and posits that the Nuremberg experience suggests the need for modesty about what criminal justice actually can accomplish in the wake of mass atrocity. It also explores the place of one person's guilt among organic crime, the reality that international criminal law may gloss over criminogenic conditions in its pursuit of individualized accountability, the possibility of group sanction …
Collective Violence And Individual Punishment: The Criminality Of Mass Atrocity, Mark A. Drumbl
Collective Violence And Individual Punishment: The Criminality Of Mass Atrocity, Mark A. Drumbl
Mark A. Drumbl
There is a recent proliferation of courts and tribunals to prosecute perpetrators of genocide, war crimes, and crimes against humanity. The zenith of this institution-building is the permanent International Criminal Court, which came into force in 2002. Each of these new institutions rests on the foundational premise that it is appropriate to treat the perpetrator of mass atrocity in the same manner that domestic criminal law treats the common criminal. The modalities and rationales of international criminal law are directly borrowed from the domestic criminal law of those states that dominate the international order. In this Article, I challenge this …
Torture In Us Jails And Prisons: An Analysis Of Solitary Confinement Under International Law, Anna Conley
Torture In Us Jails And Prisons: An Analysis Of Solitary Confinement Under International Law, Anna Conley
Anna Conley
No abstract provided.
Concerning Summary Repatriations Of Sex-Trafficking Victims Out Of Cambodia Part I (Legal And Administrative System), Patrick M. Talbot
Concerning Summary Repatriations Of Sex-Trafficking Victims Out Of Cambodia Part I (Legal And Administrative System), Patrick M. Talbot
Patrick M Talbot
ABSTRACT
In 2010, I (along with a group of students from Handong International Law School, and some Cambodian colleagues), was asked to assist a Cambodian human rights and justice organization with a problem they encountered in their efforts to assist rescued victims of sex-trafficking. The victims were being rounded up after rescue and summarily repatriated out of the country; essentially, they were deported as illegal aliens. The victims were primarily Vietnamese and likely some Thai. This was happening apparently without regard to the protections of assessment and assistance that should be afforded them under the law, and this was the …
Concerning Summary Repatriations Of Sex-Trafficking Victims Out Of Cambodia Part Ii (Law And Steps For Repatriation), Patrick M. Talbot
Concerning Summary Repatriations Of Sex-Trafficking Victims Out Of Cambodia Part Ii (Law And Steps For Repatriation), Patrick M. Talbot
Patrick M Talbot
No abstract provided.