Law Commons^™

The Politics And Consequences Of State Secession, Olawale Olumodimu

St. Mary's Law Journal

This Article argues that the non-express prohibition of state secession in the Nigerian Constitution does not automatically allow component states to break away unilaterally. It appears the framers of the Constitution wanted to ensure political continuity and national unity rather than allow for Nigeria’s disintegration. Beyond Nigeria, international law only allows unilateral secession in the context of decolonization and the people’s right to self-determination.

Nigeria has a responsibility to provide self-determination to its citizens; however, secession is not a legal channel to seek self-determination in the absence of targeted, widespread, or systemic criminal acts committed by or on behalf of …

The European Case For Kosovo, Serbia, And North Macedonia: A Western Balkan Focus, Logan Michael Kase

Helm's School of Government Conference - American Revival: Citizenship & Virtue

European integration of Western Balkan territories currently faces high-tension ethnic and religious antagonism between Serbia, Kosovo, and North Macedonia. The Balkans have been dealing with a cauldron of simmering ethnic internal battles that have lingered for decades. Years of Serbian and Kosovo contention severely setback the accession timeline, therefore, affecting further the integration of its neighbor North Macedonia. The European Union demands all disputes and corruption measures settled, per regulation standards set by the enlargement package from the commission. Key regional players’ sphere of influence becomes an interesting variable during policy discussions leaving a path to full European integration reliant …

Break Their Lineage, Break Their Roots: Investigating The Chinese Government’S Relationship With The Uyghur Population To Determine The Potential For Terrorism And Genocide, Anya Veinberg

Helm's School of Government Conference - American Revival: Citizenship & Virtue

History is wrought with war, crime, and persecution. After nearly every conflict, world leaders vow to never let something similar happen again. Yet, history seems to repeat itself, and so do its conflicts. The Holocaust claimed the lives of millions of Jews and seemed to set a precedent of a modern threshold of evil. How many people would argue that an event strikingly similar to the Holocaust is happening right now in China?

The Chinese government is currently committing acts of violence and faith and race-based discrimination against the Uyghur population.

This work analyzes the interaction between the Chinese government …

Recognizing And Enforcing Foreign Nation Judgments: The United States And Europe Compared And Contrasted - A Call For Revised Legislation In Florida, Juan Carlos Martinez

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Regulating Food Waste Management In Indonesia: Do We Need An Omnibus Law (Again)?, Ni Gusti Ayu Dyah Satyawati, I Nyoman Suyatna, Putu Gede Arya Sumerta Yasa, I Dewa Gede Palguna, Nadeeka Rajaratnam

Indonesia Law Review

Indonesia was regarded to be the world's second-largest food loss and waste-producing country. Food waste contributes the most significant amount in Indonesia compared to other types of waste. This paper aims to discuss three legal issues. First, it identifies, in descriptive-normative means, the legal framework regulating food waste, which is the intersection of two legal regimes: 'the food management' and 'the waste and environmental management”. Second, it presents a comparative study by exploring the more advanced food waste legal frameworks, which take examples from Europe. The third objective is to recommend legal, institutional, and policy steps to mainstream food waste …

The Preservation Of Marine Fisheries Resources Within Asean Nations’ Eez, Ida Kurnia

Indonesia Law Review

The preservation of marine fisheries resources within ASEAN nations’ Exclusive Economic Zone (EEZ) is an urgent and pressing challenge requiring collaborative efforts from all ASEAN nations. Challenges such as illegal fishing, climate change, and lack of coordination between ASEAN nations may cause damage to marine biota food chain, especially marine fisheries in Southeast Asia region. To solve this conundrum, collaboration between ASEAN nations pose as the key solution. The research method used in this study is normative juridical approach by analyzing primary legal materials such as International Agreements and other international laws & sources. Further analysis was also …

The Development Of International Law In Relation To Crimes Against Humanity, Nikki Redelijk

Global Tides

This paper will look at the development of international law in relation to crimes against humanity. First, juridically applied at the Nuremberg Trials, crimes against humanity has historically offered a compelling juxtaposition between naturalist and positivist law. Hence, this paper attempts to shed light on these juxtapositions, as seen by the respective arguments taken up by the Allies and Germany at Nuremberg. Likewise, this paper will illustrate the complexities within the definition itself. Finally, this paper will clarify the differing definitions taken up at the various tribunals following Nuremberg, leading up to the Rome Statute. It is a hope, that …

Proportionalities, Youngjae Lee

Notre Dame Law Review Reflection

“Proportionality” is ubiquitous. The idea that punishment should be proportional to crime is familiar in criminal law and has a lengthy history. But that is not the only place where one encounters the concept of proportionality in law and ethics. The idea of proportionality is important also in the self-defense context, where the right to defend oneself with force is limited by the principle of proportionality. Proportionality plays a role in the context of war, especially in the idea that the military advantage one side may draw from an attack must not be excessive in relation to the loss of …

Disputed Territories Across The Globe: A Future Of Peace Or Change?, Angelica Paquette

Emory International Law Review Symposia

No abstract provided.

Disputed Territories Across The Globe: A Future Of Peace Or Change?, Angelica Paquette

Emory International Law Review Symposia

No abstract provided.

Existing Challenges And Possible Pathways For Case Success In Climate Litigation With Human Rights Claims, Daniel Ziebarth

St. Mary's Law Journal

No abstract provided.

The World Health Organization Was Born As A Normative Agency: Seventy-Five Years Of Global Health Law Under Who Governance, Lawrence O. Gostin, Benjamin Mason Meier, Safura Abdool Karim, Judith Bueno De Mesquita, Gian Luca Burci, Danwood Chirwa, Alexandra Finch, Eric A. Friedman, Roojin Habibi, Sam F. Halabi, Tsung-Ling Lee, Brigit Toebes, Pedro Villarreal

Georgetown Law Faculty Publications and Other Works

The World Health Organization (WHO) was born as a normative agency and has looked to global health law to structure collective action to realize global health with justice. Framed by its constitutional authority to act as the directing and coordinating authority on international health, WHO has long been seen as the central actor in the development and implementation of global health law. However, WHO has faced challenges in advancing law to prevent disease and promote health over the past 75 years, with global health law constrained by new health actors, shifting normative frameworks, and soft law diplomacy. These challenges were …

Cardozo International And Comparative Law Review Presents: Disability Justice Under International Human Rights Law, Cardozo International And Comparative Law Review, Benjamin N. Cardozo School Of Law

Flyers 2023-2024

No abstract provided.

Incorporating Climate Considerations Into Investment Assessment Processes: Guidance For National And Local Governments, Esther Akwii, Grace Brennan, Leslie Hannay, Martin Dietrich Brauch, Nora Mardirossian

Columbia Center on Sustainable Investment

Global climate change impacts pose complex, dynamic challenges to the success of land-based investments — such as agriculture, forestry, and wind and solar energy — which can further exacerbate detrimental climate change impacts if they are not sustainably implemented. Countries outline in their Nationally Determined Contributions (NDCs) their goals and plans to reduce GHG emissions and adapt to climate change impacts. To ensure their success, governments must fully integrate their NDCs into national climate strategies, plans, and policies that drive government action and decisions. Improved land-based investment decision-making through the incorporation of climate considerations in investment assessment processes (IAPs) can …

Walking The Tightrope: Protecting Research From Foreign Exploitation While Fostering Relationships With Foreign Scientists, C. John Cox

SLU Law Journal Online

In response to extensive foreign efforts to take advantage of U.S. scientific research, especially by the People’s Republic of China, the United States has taken steps to protect its scientific and technology efforts. Although steps to prevent foreign government exploitation of U.S. research are reasonable and justified, the United States should be cognizant of these actions' impact on collaboration with foreign scientists. It is in the interest of the United States to effect policy that fosters relationships with foreign scientists rather than push them away.

International Governance Of Ocean-Based Carbon Dioxide Removal: Recent Developments And Future Directions, Romany M. Webb

Sabin Center for Climate Change Law

With the impacts of climate change intensifying, and progress in reducing the greenhouse gas emissions that cause it continuing to lag, the parties to the Paris Climate Agreement have emphasized the need to accelerate efforts to remove carbon dioxide from the atmosphere, while simultaneously curbing emissions. As the parties have recognized, the ocean is already a major carbon sink, and could play an important role in future carbon dioxide removal (“CDR”) efforts. Scientists have proposed a variety of ocean-based CDR approaches, but most require further research to fully evaluate their efficacy, benefits, and risks. In-ocean testing of the approaches, and …

Advisory Opinion On Climate Change: Summary Of Written Observations Submitted To The Inter-American Court Of Human Rights (Part 1), Maria Antonia Tigre

Sabin Center for Climate Change Law

On January 9, 2023, the Foreign Ministers of Chile and Colombia requested an advisory opinion from the Inter-American Court of Human Rights (IACtHR) on the scope of state obligations for responding to the climate emergency under the frame of international human rights law and, specifically, under the American Convention on Human Rights. Within this context, the IACtHR received a total of 255 amicus brief submissions.

This report includes summaries of the amicus briefs submitted to the Court. Due to the number of submissions received and the short timeframe prior to the hearings, the report is divided into parts. This first …

Humour, A Meditation, John Henry Schlegel

Dalhousie Law Journal

Back in 1987 when Critical Legal Studies was still “hot,” I was shopping a piece that was a long review essay on Laura Kalman’s history, Legal Realism at Yale. An acquaintance who was on that faculty invited me to present the piece—which I am still quite proud of—at the workshop he was running. Owen Fiss was the first person to ask a question. He wanted to know whether the piece was “serious” work or whether it was just an elaborate joke. Surprised and bewildered by the question, I answered, “Both.” In response he asserted that unless it were one or …

Show And Tell, Liam Mchugh-Russell

Dalhousie Law Journal

...to break the rules wisely, you have to know the rules well.

–Le Guin, Steering the Craft

I finished my doctorate in June of 2019. Most of my waking hours that late summer and early fall were spent writing and rewriting cover letters, teaching statements, and research agendas (and equity statements, long CVs, short CVs, etc.)—all the variegated materials demanded from applicants to tenure-track positions in North American law faculties. Writing those materials, and integrating the feedback on early drafts that I received from a host of generous peers and colleagues, became an accidental study in the principal subtext of …

Why The Multilateral Investment Court Is A Bad Idea For Africa, Akinwumi Ogunranti

Dalhousie Law Journal

The UNCITRAL Working Group III (WG III) is discussing procedural reforms in the investor state dispute settlement system (ISDS). The ISDS framework is criticized on various grounds, including arbitrator bias, lack of transparency, and inconsistent arbitral decisions. One of the recent reform proposals before the WG III is the possibility of a multilateral investment court (MIC). This proposal is championed by European Union states and supported by Canada. The proposal recommends replacing ISDS’ Ad hoc investment tribunals with an established and permanent court where states appoint judges. This paper examines the MIC reform option and argues that replacing the ISDS …

Protecting Humanity's Cradle Of Civilization: Advancing The Right To Self-Determination For Indigenous Peoples In The Middle East & South Caucasus, Lisabelle Panossian

Northwestern Journal of Human Rights

During this paper’s drafting, an indigenous people’s independent government collapsed. For over thirty years, the Republic of Artsakh was a de facto independent region inside the internationally-recognized borders of Azerbaijan. The region comprised of an indigenous Armenian majority—until September 2023. In December 2022, Azerbaijani authorities blocked the only road that connected Nagorno-Karabakh to the outside world. This blockade resulted in shortages of food, medical supplies, and fuel, the severity of which was especially felt during a harsh winter.

After experiencing starvation and preventable medical complications under a nine month-long blockade, the Azerbaijani government launched a military incursion on the Republic …

Ukraine V. Russia: A Case For Change In International Enforcement, Katy Malloy

William & Mary Law Review

A scant few territorial violations have occurred in the twentieth and twenty-first centuries, and those that have occurred generally prompted quick and unequivocal condemnation, as well as efforts to return to the status quo. Notable violations—the Six-Days War, the Turkish invasion of Cyprus, the Falklands War, Iraq’s invasion of Kuwait, and Russia’s annexation of Crimea—have prompted a short menu of international responses. The Six-Days War and the invasion of Crimea both prompted years’ worth of political criticism for Israel and Russia, respectively, as both nations have held onto at least parts of the lands seized. The Falklands War prompted almost …

The Relationship Between The Law Of Treaties And The Law Of State Responsibility With Reference To Non-Performance Of Treaty, Oluwateniola Akinbodewa Solape

Theses and Dissertations

The crisis of non-performance of international treaties in international law constitutes a fundamental challenge to the main foundation of international law, which ought not to be ignored. With treaty being a key source of international law, is it expedient that we pay attention to non-performance of treaty obligations, less we undermine the integrity of international law. Enforcing the performance of international treaties can be challenging due to the decentralized nature of the international legal system and the principles of state sovereignty. The law of treaties by itself doesn’t seem to provide much forum for responsibility for non-performance of treaties and …

Reinterpreting Article 9 Of Japanese Constitutional Law From The International Law Perspective, Hiroshi Saito

Japanese Society and Culture

This essay aims to demonstrate that the right of collective self-defense complements that of individual self-defense. Moreover, by exercising both rights of self-defense together, the ideals of the United Nations (UN) Charter and Japanese constitutional law can be implemented as stipulated.

However, this essay focuses on ensuring better consistency with the present time (synchronicity) rather than historical facts (historicity). Additionally, I have cited cases wherein the ideas and theories presented are controversial in academic circles. I cannot discuss them individually in this essay owing to space limitations, but I will consider them in a future opportunity. Finally, I would like …

The 2024 International Advocate For Peace Award Ceremony Honoring Dr. Richard Haass, Cardozo Journal Of Conflict Resolution Invites You, International Advocate For Peace

Event Invitations 2024

The Cardozo Journal of Conflict Resolution will present this year’s award to Dr. Richard Haass, President Emeritus of the Council on Foreign Relations and Senior Counselor with Centerview Partners. Dr. Haass chaired the multiparty negotiations in Northern Ireland that provided the 2014 Stormont House Agreement, earning him the 2013 Tipperary International Peace Award. Dr. Haass also served as the Director of Policy Planning of the U.S. Department of State under Secretary Powell from 2001 to 2003 during which he played a pivotal role in shaping U.S. foreign policy and addressing global challenges. He is the author or editor of fourteen …

The 2024 International Advocate For Peace Award Ceremony Honoring Dr. Richard Haass, The Cardozo Journal Of Conflict Resolution, International Advocate For Peace

Flyers 2023-2024

No abstract provided.

Financing Reforms To Meet A Pivotal Moment In Global Health, Kevin A. Klock, Alexandra Finch, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

2024 will be the most important moment for global health since the World Health Organization’s founding in 1948, but only if states give major reforms their full political and financial backing. Bold new commitments in disease surveillance, capacity building, and more equitable access to health products cannot be achieved without ample and sustainable funding. In this essay, we discuss major reforms found in the emerging pandemic agreement and reformed International Health Regulations and then explore the significant challenges and opportunities for financing them.

U'Wa Indigenous People Vs. Columbia: Potential Applications Of The Escazu Agreement, Ariana Lippi

Sustainable Development Law & Policy

Though the case is ongoing, and results are still to be seen, it in many ways sets a precedent for indigenous communities in Latin America seeking redress for environmental and cultural injustices. With Colombia’s recent ratification of The Escazú Regional Agreement (the Agreement herein) in 2022, this case presents a unique opportunity for implementation of the Agreement and greater accountability within existing domestic legislation.

Natural Resources In The Arctic: The Equal Distribution Of Uneven Resrouces, Ganeswar Matcha, Sudarsanan Sivakumar

Sustainable Development Law & Policy

This paper analyses the governance machine in place at the Arctic and examines the application of the principles of “common heritage of mankind” at the Arctic. This paper also offers some tentative propositions aimed at protecting Out Bound investment rights and how the World Trade Organization or other countries, like the U.S., can intercede in the Arctic investment sphere and attempt to regulate along with the United Nations Convention for the Law of the Sea.

Incentivizing Sustainability In American Enterprise: Lessons From Finnish Model, Vasa T. Dunham

Sustainable Development Law & Policy

The disparate climate performances of Finland and the United States, two of the wealthiest countries in the world, bring to light the question of how corporate responsibility has been inspired in each jurisdiction. Having established the urgency of the climate crisis and the importance of corporate behavior in optimizing a given country’s approach to protection of the global environment, an examination of each nation’s legal frameworks may shed light on features of the corporate regime that are effective in advancing sustainability goals and those that are not.22 Part I of this paper establishes a comparative framework by providing background on …