Law Commons^™

How A Fisherman's Murder Revealed Morocco's Police Brutality And Ethnic Discrimination, Nora Elmubarak

Human Rights Brief

No abstract provided.

Trafficking Technology: A Look At Different Approaches To Ending Technology-Facilitated Human Trafficking, David Barney

Pepperdine Law Review

In 2018, many believe that slavery is an antiquated concept. But as with anything else, if it has not become extinct, it has evolved with time. Human trafficking is no different. Each year, millions of men, women and children are trafficked in the United States, and internationally, and forced to work against their will. Through the rise of technology and an increasingly globalized world, traffickers have learned to use technology as a tool to help facilitate the trafficking of persons and to sell those victims to others they never could have reached before. But what are we doing about it? …

Final Cut: The West’S Opportunity To Accommodate Asylee Victims Of Female Genital Mutilation, Patricia N. Jjemba

University of Massachusetts Law Review

In an era where immigration and asylum is at the forefront of many western nationals’ minds, so too should be the reasons behind an individual’s intent to seek refuge in a new country. Statistics have shown that one of the pragmatic reasons women and girls, particularly from Middle Eastern and African nations, seek refuge through western asylum programs is to escape or recover from Female Genital Mutilation (FGM). While the practice has been a longstanding tradition in various communities around the world, modern western governments and international entities have moved to abolish the tradition completely, given its alarming implications against …

Detention Status Review Process In Transnational Armed Conflict: Al Maquleh V. Gates, And The Parwan Detention Facility, Jody M. Prescott

University of Massachusetts Law Review

This article will first set out a brief history and description of the airfield at Bagram and the detention facilities there. Second, it will explore the standards under international law and the implement ation of national regulations by which the detention status of individuals detained by U.S. military forces is determined, when such individuals may be released from detention, and the significance of the evolving concept of transnational armed conflict to these determinations. Third, it will review the U.S. Supreme Court‘s decision in Boumediene, explore the Court‘s analysis in reaching its decision, and identify what the Court found to be …

The Kolla Of Argentina: Neoliberal Trends And The Promise Of Law In The Process Of Reframing, Claiming And Maintaining Land Rights, Courtney C. Nussbaumer

The Macalester Review

Indigenous groups around the world have faced countless hardships—the Kolla of northwestern Argentina are no exception. While there is no doubt that the Kolla are a minority group both oppressed and marginalized, they have only recently begun to reconceptualize themselves as indigenous. Kolla identity struggles coupled with larger Latin American trends explained below make the Kolla an excellent case study to conceptualize the larger struggle between neoliberal governments and indigenous employment of international legal norms. Processes of legal globalization have led to the increasing codification of the collective rights of indigenous peoples in Latin America. This can be seen in …

Human Rights Litigation And The National Interest: Kiobel'S Application Of The Presumption Against Extraterritoriality To The Alien Tort Statute, Jonathan Hafetz

Maryland Journal of International Law

No abstract provided.

The Contradiction Between Alien Tort Statute Jurisprudence And The Continued Immunity Of U.S. Officials For Acts Of Torture Committed Abroad, Jules Lobel

Maryland Journal of International Law

No abstract provided.

Extraterritoriality And Human Rights After Kiobel, Beth Stephens

Maryland Journal of International Law

No abstract provided.

Impediments To Human Rights Protection In Nigeria, Jacob Abiodun Dada

Annual Survey of International & Comparative Law

The promotion and protection of human rights have engaged the attention of the world community, and though the African country of Nigeria has subscribed to major international human rights instruments, violations continue to occur with disturbing frequency and regularity in that nation. Why is this so? This article examines the multifarious and multidimensional impediments which have hamstrung meaningful enjoyment of human rights in Nigeria. It points out the shortcomings of the dualist model under the Nigerian Constitution and stresses the objectionable wide amplitude of the derogation clauses. It also makes suggestions for reform.

Cite as: 18 Annl. Survey Int'l. Comp. …

An End To The Violence: Justifying Gender As A "Particular Social Group", Suzanne Sidun

Pepperdine Law Review

No abstract provided.

"The End Of The Beginning?": A Comprehensive Look At The U.N.'S Business And Human Rights Agenda From A Bystander Perspective, Jena Martin Amerson

Fordham Journal of Corporate & Financial Law

With the endorsement of the Guiding Principles regarding the issue of business and human rights, an important chapter has come to a close. Beginning with the then U.N. Secretary-General’s “global compact” speech in 1999, the international legal framework for business and human rights has undergone tremendous change and progress. Yet, for all these developments, there has been no exhaustive examination in the legal academy of all of these events; certainly there is no one piece that discusses or analyzes all the major instruments that have been proposed and endorsed by the U.N. on the subject of business and its relationship …

Humanitarian Intervention In A Post-Iraq, Post-Darfur World: Is There Now A Duty To Prevent Genocide Even Without Security Council Approval?, Sarah Mazzochi

Annual Survey of International & Comparative Law

Is there now a right to unilateral humanitarian intervention in a post-Iraq, post-Darfur world? This Article seeks to answer that question.

Part I will address the background and historical evolution of unilateral humanitarian intervention as well as give examples of state action or inaction in cases of genocide. Part I will also give the legal framework for the U.N. Genocide Convention. Part II will discuss the law of humanitarian intervention as it is commonly accepted today. Part III will point to the future and argue that the law of humanitarian intervention should be, going forward, a jus cogens norm. Part …

Civil Partnership In The U.K. – Some International Problems, Barry Crown

NYLS Law Review

No abstract provided.