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Articles 1 - 30 of 37
Full-Text Articles in Law
Los Problemas De Las Fronteras Humanitarias, Miriam Ticktin
Los Problemas De Las Fronteras Humanitarias, Miriam Ticktin
Publications and Research
Resumen:
Este texto plantea un análisis crítico del papel de los discursos y prácticas humanitaristas en nuestra concepción de la migración y en las políticas públicas desarrolladas en relación a la movilidad poblacional a través de las fronteras internacionales. Se parte de la premisa de que el humanitarismo, aunque fuera bien intencionado, puede tener efectos perniciosos sobre la situación que se vive en las fronteras, especialmente si acaba por sustituir a la justicia y a los derechos que tienen los emigrantes. Para estudiar esta paradoja, el texto analiza, sucesivamente, varios problemas asociados a la acción humanitaria: el problema con la …
Uncloaking The Secrecy Behind Large-Scale Land Deals, Jesse Coleman
Uncloaking The Secrecy Behind Large-Scale Land Deals, Jesse Coleman
Columbia Center on Sustainable Investment Staff Publications
Large-scale investments in agriculture and forestry have far-reaching implications for the lives of affected individuals and communities. They are also an integral part of efforts by national governments to implement the Sustainable Development Goals (SDGs) and improve the governance of land resources. Despite their significance, these “land deals” and the contracts that govern them are often cloaked in secrecy, removed from relevant spheres of public scrutiny and debate.
Forced Migration, The Human Face Of A Health Crisis, Lawrence O. Gostin, Anna E. Roberts
Forced Migration, The Human Face Of A Health Crisis, Lawrence O. Gostin, Anna E. Roberts
Georgetown Law Faculty Publications and Other Works
Nearly 60 million refugees, asylum-seekers and internally displaced persons (IDPs) fled their homes in 2014, predominately from war-torn Syria, Afghanistan and Somalia. The global response to assisting this vulnerable group has been wholly incommensurate with the need given the profound health hazards faced by forced migrants at each stage of their journey. The majority of forced migrants are housed in lower-income countries that do not have the infrastructure to assist the significant numbers of individuals who are crossing their borders and the humanitarian organizations who seek to assist in the response are grossly underfunded and under-resourced.
Countries have varying responsibilities …
International Legal Protection For Climate Refugees: Where Lies The Haven For The Maldivian People?, Simran Dolla
International Legal Protection For Climate Refugees: Where Lies The Haven For The Maldivian People?, Simran Dolla
Student Works
Climate change and sea level rise are not just mere words for the Maldivian people; they are a grim reality that is consuming their nation. Sea level rise presents one of the gravest dangers for the Maldives because of its already low-lying characteristics. As the levels continue to rise, the nation is sinking into extinction. Some 300,000 people of the Maldives are on the brink of losing their homes and becoming climate change refugees. The existing international laws are not only ill-equipped to provide protections or the much-needed relief, they also make no mention of climate change refugees. Therefore, as …
Human Trafficking: Statute Comparisons And Attitudes In Nebraska, Katie Sheets
Human Trafficking: Statute Comparisons And Attitudes In Nebraska, Katie Sheets
Seventh Annual Interdisciplinary Conference on Human Trafficking (2015)
Human trafficking has become an issue for global concern. Here in the United States, the Federal government and all fifty states are taking steps to combat the pervasive problem. This study looks at the anti-human trafficking statutes of all fifty states and compares them with each other to see how each state stacks up against the other. Nebraska was the focus of the study as the unicameral has recently been enacting changes to the state’s laws against human trafficking. Nebraska was expected to at least be with the majority of states with their human trafficking provisions. The study then looked …
Human Rights At The Border: European-Union—Moroccan Relations In The Wake Of The 2013 Migratory Policy, Anashua Dutta
Human Rights At The Border: European-Union—Moroccan Relations In The Wake Of The 2013 Migratory Policy, Anashua Dutta
Independent Study Project (ISP) Collection
Morocco’s border with the Spanish enclaves of Ceuta and Melilla has brought the country into direct relations with the European Union (EU) on the issues of border control and migration. In response to the growing human rights violations towards migrants and refugees enumerated in the Conseil Nationale des Droits de l’Homme’s (CNDH) 2013 report, King Muhammad VI passed a migratory policy that emphasized preservation of human rights within Morocco’s borders. This study examines the effects of Morocco’s relationship with the EU on the implementation of the human-rights aspects of Morocco’s 2013 migratory policy. Using the semi-structured interview approach, I will …
Memo To Prime Minister Cameron On The Revision Of The U.K. National Action Plan On Business And Human Rights, Kaitlin Y. Cordes, Sam Szoke-Burke
Memo To Prime Minister Cameron On The Revision Of The U.K. National Action Plan On Business And Human Rights, Kaitlin Y. Cordes, Sam Szoke-Burke
Columbia Center on Sustainable Investment Staff Publications
In July 2015, CCSI sent a memo to U.K. Prime Minister David Cameron to provide input on the 2015 revision of the U.K. National Action Plan on business and human rights, originally published in 2013. The memo applauded the U.K. Government’s early adoption of a National Action Plan consistent with the UN Guiding Principles on Business and Human Rights, noting that responsible and rights-respecting outward investment can support sustainable development in host countries, and that the U.K. Government has an important role to play in promoting responsible business operations. The memo urged the government to highlight the importance of land …
The Applicability Of The Humanitarian Intervention 'Exception' To The Middle Eastern Refugee Crisis: Why The International Community Should Intervene Against Isis, Milena Sterio
Law Faculty Articles and Essays
The refugee crises in Iraq and Syria, which has been evolving over the past decade as a result of both ongoing conflict in these countries and the recent surge of Islamic State-led violence, has morphed into a true humanitarian catastrophe. Tens of thousands of refugees have been subjected to violence and have been dispersed and forced to live under dire conditions; such massive population flows have destabilized the entire region and have threatened the stability of neighboring countries. The United States and several other countries have been engaged in a military air strike campaign against the Islamic State, but the …
Governing Disasters: The Challenge Of Global Disaster Law And Policy, Eric A. Feldman, Chelsea Fish
Governing Disasters: The Challenge Of Global Disaster Law And Policy, Eric A. Feldman, Chelsea Fish
All Faculty Scholarship
This chapter uses the analytical framework of transnational legal ordering (TLO) developed by Halliday and Shaffer and applies it to the area of law and disasters. In contrast to the increasingly transnational legal nature of social ordering highlighted by Halliday and Shaffer, it argues that the emergence of transnational regulatory networks and cross-border principles or policies in the area of disaster management has been uneven and incomplete. Although there are many factors that help to explain why the law/disasters area has resisted the trend toward “transnationalization,” two stand out. One is the relative dearth of national laws and policies governing …
Brief Of Amici Curiae Human Rights Organizations In Support Of Plaintiffs-Appellants, Georges V. United Nations, Docket No. 15-00455 (Second Circuit 2015), William Aceves, Baher Azmy, Sarah Dávila-Ruhaak
Brief Of Amici Curiae Human Rights Organizations In Support Of Plaintiffs-Appellants, Georges V. United Nations, Docket No. 15-00455 (Second Circuit 2015), William Aceves, Baher Azmy, Sarah Dávila-Ruhaak
Court Documents and Proposed Legislation
Amici Curiae consist of twenty-four human rights organizations from the United States and around the world that are committed to the rule of law and respect for fundamental rights, including the essential requirement of accountability for wrongdoing. Amici are deeply concerned that thousands of innocent victims of the 2010 cholera outbreak in Haiti, which is widely acknowledged to have been caused by the United Nations and the United Nations Stabilization Mission in Haiti (“MINUSTAH”), have received no redress for their suffering and injuries. This cholera epidemic compounded the profound suffering already experienced by the Haitian people as a result of …
Introduction: Global Health Governance And A Framework Convention On Global Health, Lance Gable, Ames Dhai, Robert Marten, Benjamin Mason Meier, Jennifer Prah Ruger
Introduction: Global Health Governance And A Framework Convention On Global Health, Lance Gable, Ames Dhai, Robert Marten, Benjamin Mason Meier, Jennifer Prah Ruger
Law Faculty Research Publications
No abstract provided.
Self-Determination And Secession Under International Law: The New Framework, Milena Sterio
Self-Determination And Secession Under International Law: The New Framework, Milena Sterio
Law Faculty Articles and Essays
This Article argues toward the necessity to develop a new international law framework on secession. The development of such a normative framework is necessary in order to address various secessionist situations around the globe and to replace the resolution of secessionist struggles through politics of the Great Powers with true legal norms.
This Article first analyzes several examples of successful and failed secessions in recent history. Next it focuses on existing international law on the subject matter of secession and concludes that existing norms are insufficient and indefinite. Finally, it develops a new proposed framework on secession, which attempts to …
Maturing Justice: Integrating The Convention On The Rights Of The Child Into The Judgments And Processes Of The International Criminal Court, Linda A. Malone
Maturing Justice: Integrating The Convention On The Rights Of The Child Into The Judgments And Processes Of The International Criminal Court, Linda A. Malone
Faculty Publications
No abstract provided.
Transitional Justice And Judicial Activism— A Right To Accountability?, Ruti Teitel
Transitional Justice And Judicial Activism— A Right To Accountability?, Ruti Teitel
Articles & Chapters
Victims of systemic rights abuses, their families, and non-governmental organizations are turning to international and regional human rights tribunals to address the failure of states to investigate, prosecute, and remedy past human rights violations. In many cases this relates to acts that occurred decades ago and for which a previous repressive regime was responsible. In other cases there may be powerful interests within the state, such as the police or security service, that are complicit with the violations in question. This Article explores the historical and political contexts in which these cases have arisen, how the courts approach the question …
Comments On The World Bank’S Revised Draft Environmental And Social Framework, Columbia Center On Sustainable Investment
Comments On The World Bank’S Revised Draft Environmental And Social Framework, Columbia Center On Sustainable Investment
Columbia Center on Sustainable Investment Staff Publications
In February 2015, CCSI sent comments to the World Bank regarding its draft Environmental and Social Framework. This took place in the context of the Bank’s consultations on the review and update of its safeguards policies. CCSI’s comments focused on ensuring consistent and comprehensive application of the framework, and on the need to more expansively incorporate human rights standards. The memo also underlined the need to protect all legitimate tenure rights, including those not currently recognized by national law, and to limit the permissibility of forced evictions. In addition, the comments include proposed amendments that would ensure that government borrowers …
Using Force On Land To Suppress Piracy At Sea: The Legal Landscape Of A Largely Untapped Strategy, Steven R. Obert
Using Force On Land To Suppress Piracy At Sea: The Legal Landscape Of A Largely Untapped Strategy, Steven R. Obert
National Security Law Program
On May 14, 2012, a combat helicopter operated by European Union Naval Forces (EUNAVFOR) struck a pirate base ashore in Somalia. The raid destroyed several fiberglass skiffs on the beach in Haradheere, a town on the coast of central Somalia. The attack represented a new tactic used in the protracted and evolving international effort to fight maritime piracy off the coast of Somalia. It was the first time that force ashore, first authorized by the United Nations Security Council in 2008, had been publicly acknowledged.
Though recently receding, piracy off the coast of Somalia has had a destabilizing effect on …
A Dry Hate: White Supremacy And Anti-Immigrant Rhetoric In The Humanitarian Crisis On The U.S.-Mexico Border, Kristina M. Campbell
A Dry Hate: White Supremacy And Anti-Immigrant Rhetoric In The Humanitarian Crisis On The U.S.-Mexico Border, Kristina M. Campbell
Journal Articles
Beginning with the passage of its anti-immigrant “Show-Me-Your-Papers” law in April 2010, S.B. 1070, much has been written about the hostile political climate toward noncitizens in the State of Arizona specifically and the U.S.-Mexico border generally. However, the recent influx of refugees from Central America to the United States has seen a resurgence in the anti-immigrant rhetoric, which is particularly disturbing since a large percentage of the individuals fleeing violence and poverty are children. In this vein, one aspect of the genesis of S.B. 1070 and other anti-immigrant laws that have not received a great deal of attention is the …
Closing Plenary: Preventing Torture In The Fight Against Terrorism, Claudio Grossman
Closing Plenary: Preventing Torture In The Fight Against Terrorism, Claudio Grossman
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Memo To The Obama Administration On The U.S. National Action Plan On Responsible Business Conduct, Kaitlin Y. Cordes, Lisa E. Sachs
Memo To The Obama Administration On The U.S. National Action Plan On Responsible Business Conduct, Kaitlin Y. Cordes, Lisa E. Sachs
Columbia Center on Sustainable Investment Staff Publications
In January 2015, CCSI sent a memo to President Obama to provide input on the U.S. National Action Plan on responsible business conduct. The memo applauded the U.S. Government’s decision to develop a National Action Plan consistent with the UN Guiding Principles on Business and Human Rights and the OECD Guidelines for Multinational Enterprises, noting that responsible and rights-respecting outward investment can support sustainable development in host countries, and that the U.S. Government has an important role to play in promoting responsible business operations. The memo urged the government to explore in particular how the National Action Plan can address …
Ending Bacha Bazi: Boy Sex Slavery And The Responsibility To Protect Doctrine, 25 Ind. Int'l. & Comp. L. Rev. 63 (2015), Samuel Vincent Jones
Ending Bacha Bazi: Boy Sex Slavery And The Responsibility To Protect Doctrine, 25 Ind. Int'l. & Comp. L. Rev. 63 (2015), Samuel Vincent Jones
UIC Law Open Access Faculty Scholarship
This essay challenges the conventional wisdom that prohibitions against government-condoned child-sex slavery have attained non- derogable, peremptory status under international law. Much to the utter shock of field investigators and human rights experts, boy sex slavery has evolved into a constitutive and central feature of the Islamic Republic of Afghanistan (Afghanistan) because of a customary practice commonly referred to as bacha bazi.
The Complexity Of International Criminal Trials Is Necessary, 48 Geo. Wash. Int'l L. Rev. 151 (2015), Stuart Ford
The Complexity Of International Criminal Trials Is Necessary, 48 Geo. Wash. Int'l L. Rev. 151 (2015), Stuart Ford
UIC Law Open Access Faculty Scholarship
There is a widespread belief among both academics and policymakers that international criminal trials are too complex. As a result, tribunals have come under enormous pressure to reduce the complexity of their trials. However, changes to trial procedure have not meaningfully affected trial complexity. This Article explains why these changes have failed and argues that the complexity of international criminal trials is necessary for them to achieve their purposes.
Using a multiple regression model of the factors driving trial complexity at the International Criminal Tribunal for the former Yugoslavia (ICTY), this Article shows that the largest drivers of complexity are …
Thinking Globally, Policing Locally: A Model For Decentralized Law Enforcement In Cote D'Ivoire, 15 J. Int'l Bus. & L. 15 (2015), Hugh Mundy
UIC Law Open Access Faculty Scholarship
No abstract provided.
Amicus Curiae In Support Of The Petitioners, Santa Barbara Campesino Community V. Perú, Inter-American Court Of Human Rights, No. 10.932 (2015), Sarah Dávila-Ruhaak, Steven D. Schwinn, John Marshall Law School International Human Rights Clinic
Amicus Curiae In Support Of The Petitioners, Santa Barbara Campesino Community V. Perú, Inter-American Court Of Human Rights, No. 10.932 (2015), Sarah Dávila-Ruhaak, Steven D. Schwinn, John Marshall Law School International Human Rights Clinic
Court Documents and Proposed Legislation
No abstract provided.
Amicus Curiae A Favor De Los Demandantes, Comunidad De Campesinos De Santa Bárbara V. Perú, Corte Interamericana De Derechos Humanos, No. 10.932 (2015), Sarah Dávila-Ruhaak, Steven D. Schwinn, John Marshall Law School International Human Rights Clinic
Amicus Curiae A Favor De Los Demandantes, Comunidad De Campesinos De Santa Bárbara V. Perú, Corte Interamericana De Derechos Humanos, No. 10.932 (2015), Sarah Dávila-Ruhaak, Steven D. Schwinn, John Marshall Law School International Human Rights Clinic
Court Documents and Proposed Legislation
No abstract provided.
Amicus Curiae By The John Marshall Law School International Human Rights Clinic In Support Of Plaintiff-Appellant, Jawad V. Gates, No. 15-5250 (U.S. Court Of Appeals, District Of Columbia Circuit 2015), Steven D. Schwinn, Sarah Dávila-Ruhaak, John Marshall Law School Human Rights Clinic
Amicus Curiae By The John Marshall Law School International Human Rights Clinic In Support Of Plaintiff-Appellant, Jawad V. Gates, No. 15-5250 (U.S. Court Of Appeals, District Of Columbia Circuit 2015), Steven D. Schwinn, Sarah Dávila-Ruhaak, John Marshall Law School Human Rights Clinic
Court Documents and Proposed Legislation
No abstract provided.
International Criminal Law: Year In Review 2014-2015, Mark A. Drumbl
International Criminal Law: Year In Review 2014-2015, Mark A. Drumbl
Scholarly Articles
This publication is based on Professor Drumbl's remarks on September 1, 2015, at the Ninth International Humanitarian Law Dialogs held in Chautauqua, New York.
What I do not want to do is review and repeat what has already been said about the international arena. I thought what I would do is boil it down to a couple observations that I have about the activities at the international institutions over the past year, and discuss four elements that have emerged.
One is transition. What I mean by this is that the work of a number of the international institutions is winding …
Cyber War Crimes: Islamic State Atrocity Videos And The Laws Of War, David P. Fidler
Cyber War Crimes: Islamic State Atrocity Videos And The Laws Of War, David P. Fidler
Articles by Maurer Faculty
The Islamic State has combined its extreme violence with digital and cyber technologies to produce and distribute globally videos recording atrocities it commits. This article argues that those in the Islamic State who make and distribute these atrocity videos are committing war crimes under international law. After introducing the unprecedented phenomenon the atrocity videos represent (I.), the article first examines the relationship between international law and propaganda in war and peace (II.) The article then argues the atrocity videos violate prohibitions in international humanitarian law and constitute war crimes (III.). The article concludes by presenting criticisms of this argument and …
The Challenges And Perils Of Reframing Trafficking As 'Modern-Day Slavery", Janie Chuang
The Challenges And Perils Of Reframing Trafficking As 'Modern-Day Slavery", Janie Chuang
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Puzzles Of Proportion And The Reasonable Military Commander: Reflections On The Law, Ethics, And Geopolitics Of Proportionality, Robert D. Sloane
Puzzles Of Proportion And The Reasonable Military Commander: Reflections On The Law, Ethics, And Geopolitics Of Proportionality, Robert D. Sloane
Faculty Scholarship
This article offers modest reflections on jus in bello proportionality. It suggests that the law of armed conflict (LOAC) build on the only consensus legal standard that exists: that of the good-faith reasonable military commander. The difficulty — here, as with any reasonableness standard — is to identify factors that realistically can, and legally should, guide adherence to it and to consider the objective and subjective dimensions of judgments under the standard. Part II scrutinizes the content and status of Additional Protocol I’s (API) canonical definition of proportionality. It analyzes its text and context to bring out the extent to …
The Impact Of Disability: A Comparative Approach To Medical Resource Allocation In Public Health Emergencies, Katie Hanschke, Leslie E. Wolf, Wendy F. Hensel
The Impact Of Disability: A Comparative Approach To Medical Resource Allocation In Public Health Emergencies, Katie Hanschke, Leslie E. Wolf, Wendy F. Hensel
Faculty Publications By Year
It is a matter of time before the next widespread pandemic or natural disaster hits the United States (U.S.). The international response to the 2009 H1N1 influenza stands as a cautionary tale about how prepared the world is for such an emergency. Although the pandemic fortunately proved to be less severe than initially anticipated, it nevertheless resulted in shortages of medical equipment, overburdened hospitals, and preventable patient deaths, particularly among young people.
A pandemic will inevitably lead to difficult decisions about the allocation of medical resources, such as who will have priority access to ventilators and critical care beds when …