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Full-Text Articles in Law

Privatizing International Governance, Melissa J. Durkee Jan 2023

Privatizing International Governance, Melissa J. Durkee

Scholarly Works

The theme of this panel is “Privatizing International Governance.” As the opening vignettes should make clear, public-private partnerships of all kinds are increasingly common in the international system. Since United Nations Secretary-General Kofi Annan's launch of the Global Compact in 2000, the United Nations has increasingly opened up to business entities. Now, the Sustainable Development Goals, the Global Compact, and the Guiding Principles on Business and Human Rights all encourage engaging with business entities as partners in developing and executing global governance agendas. These partnerships are seen by some as indispensable to sustainable development, international business regulation, climate change mitigation, …


International Child Law And The Settlement Of Ukraine-Russia And Other Conflicts, Diane Marie Amann Jan 2022

International Child Law And The Settlement Of Ukraine-Russia And Other Conflicts, Diane Marie Amann

Scholarly Works

The Ukraine-Russia conflict has wreaked disproportionate harms upon children. Hundreds reportedly were killed or wounded within the opening months of the conflict, thousands lost loved ones, and millions left their homes, their schools, and their communities. Yet public discussions of how to settle the conflict contain very little at all about children. This article seeks to change that dynamic. It builds on a relatively recent trend, one that situates human rights within the structure of peace negotiations, to push for particularized treatment of children’s experiences, needs, rights, and capacities in eventual negotiations. The article draws upon twenty-first century projects that …


How Did They Become Law?: A Jurisprudential Inquiry About The Outcome Principles Of Historic United Nations Environmental Conferences, Woong Kyu Sung Jun 2017

How Did They Become Law?: A Jurisprudential Inquiry About The Outcome Principles Of Historic United Nations Environmental Conferences, Woong Kyu Sung

Georgia Journal of International & Comparative Law

No abstract provided.


Industry Lobbying And "Interest Blind" Access Norms At International Organizations, Melissa J. Durkee Jan 2017

Industry Lobbying And "Interest Blind" Access Norms At International Organizations, Melissa J. Durkee

Scholarly Works

The standard approach of many international organizations (IOs) to non-governmental associations makes no formal distinctions between nonprofit private sector groups, known as trade or industry associations, and public interest groups. Thus, most IOs offer accreditation and access to both kinds of group on equal terms, without differentiating between them. I call this approach “interest blind” and use this short essay to examine its origins and consequences. Specifically, the approach has resulted in robust participation in international governance by industry and trade lobbying groups, which can affect the quality of deliberation at IOs and of the information that international officials and …


Astroturf Activism, Melissa J. Durkee Dec 2016

Astroturf Activism, Melissa J. Durkee

Scholarly Works

Corporate influence in government is more than a national issue; it is an international phenomenon. For years, businesses have been infiltrating international legal processes. They secretly lobby lawmakers through front groups: “astroturf” imitations of grassroots organizations. But because this business lobbying is covert, it has been underappreciated in both the literature and the law. This Article unearths the “astroturf activism” phenomenon. It offers an original descriptive account that classifies modes of business access to international officials and identifies harms, then develops a critical analysis of the laws that regulate this access. I show that the perplexing set of access rules …


Book Review: The Birth Of Nations. By Phillip C. Jessup. New York And London: Columbia University Press, 1974., Sandy Mccormack Jul 2016

Book Review: The Birth Of Nations. By Phillip C. Jessup. New York And London: Columbia University Press, 1974., Sandy Mccormack

Georgia Journal of International & Comparative Law

No abstract provided.


The International Court And South West Africa: Latest Phase, Antony J.M. Zuijdwijk Jun 2016

The International Court And South West Africa: Latest Phase, Antony J.M. Zuijdwijk

Georgia Journal of International & Comparative Law

No abstract provided.


The Function Of The International Court Of Justice In The World Community, Ernest A. Gross Apr 2016

The Function Of The International Court Of Justice In The World Community, Ernest A. Gross

Georgia Journal of International & Comparative Law

No abstract provided.


The Function Of The International Court Of Justice In The World Community, James Fawcett Apr 2016

The Function Of The International Court Of Justice In The World Community, James Fawcett

Georgia Journal of International & Comparative Law

No abstract provided.


Discussion On Ideology And The Use Of Force, Larman C. Wilson, John Howell, Leslie Road Apr 2016

Discussion On Ideology And The Use Of Force, Larman C. Wilson, John Howell, Leslie Road

Georgia Journal of International & Comparative Law

No abstract provided.


The Legal Control Of The Use Of Force And The Definition Of Aggression, Donald C. Piper Apr 2016

The Legal Control Of The Use Of Force And The Definition Of Aggression, Donald C. Piper

Georgia Journal of International & Comparative Law

No abstract provided.


Securing Child Rights In Time Of Conflict, Diane Marie Amann Jan 2016

Securing Child Rights In Time Of Conflict, Diane Marie Amann

Scholarly Works

Each term in the title of this essay seems simple, yet provides much food for analytical thought. The essay thus explores: what is “conflict,” and whether there is a “time” when it is not present; who is a “child”; whether and to what extent children enjoy “rights”; and, finally, how local, national, and international regimes go about “securing” those rights. The essay – based on a talk given at the 2015 International Law Weekend in New York – concludes with a glance at a new potential avenue for child security: the Sustainable Development Goals which the U.N. General Assembly adopted …


Children, Diane Marie Amann Jan 2016

Children, Diane Marie Amann

Scholarly Works

This chapter, which appears in The Cambridge Companion to International Criminal Law (William A. Schabas ed. 2016), discusses how international criminal law instruments and institutions address crimes against and affecting children. It contrasts the absence of express attention in the post-World War II era with the multiple provisions pertaining to children in the 1998 Statute of the International Criminal Court. The chapter examines key judgments in that court and in the Special Court for Sierra Leone, as well as the ICC’s current, comprehensive approach to the effects that crimes within its jurisdiction have on children. The chapter concludes with a …


The Latin American Development Process And The New Legislative Trends, Enrique E. Bledel May 2015

The Latin American Development Process And The New Legislative Trends, Enrique E. Bledel

Georgia Journal of International & Comparative Law

No abstract provided.


The Exculpatory Effect Of Self-Defense In State Responsibility, Gamal Moursi Badr May 2015

The Exculpatory Effect Of Self-Defense In State Responsibility, Gamal Moursi Badr

Georgia Journal of International & Comparative Law

No abstract provided.


The Commonwealth Of Puerto Rico: Trying To Gain Dignity And Maintain Culture, Arnold Leibowitz Apr 2015

The Commonwealth Of Puerto Rico: Trying To Gain Dignity And Maintain Culture, Arnold Leibowitz

Georgia Journal of International & Comparative Law

No abstract provided.


Internal Colonialism And Humanitarian Intervention, M. Sornarajah Apr 2015

Internal Colonialism And Humanitarian Intervention, M. Sornarajah

Georgia Journal of International & Comparative Law

No abstract provided.


Parliamentary Diplomacy And The North-South Dialogue, Noel Lateef Apr 2015

Parliamentary Diplomacy And The North-South Dialogue, Noel Lateef

Georgia Journal of International & Comparative Law

No abstract provided.


An International Legal Obligation To Assist In Energy Development Arises From The Charter Of Economic Rights And Duties Of States, Vicki A. Breman Apr 2015

An International Legal Obligation To Assist In Energy Development Arises From The Charter Of Economic Rights And Duties Of States, Vicki A. Breman

Georgia Journal of International & Comparative Law

No abstract provided.


Conscientious Objection To Military Service: A Report To The United Nations Division Of Human Rights, Jonathan M. Engram Apr 2015

Conscientious Objection To Military Service: A Report To The United Nations Division Of Human Rights, Jonathan M. Engram

Georgia Journal of International & Comparative Law

No abstract provided.


A Message Of Hope, Dean Rusk Apr 2015

A Message Of Hope, Dean Rusk

Georgia Journal of International & Comparative Law

No abstract provided.


The Role Of International And Regional Organizations In The Peaceful Settlement Of Internal Disputes (With Special Emphasis On The Organization Of African Unity), His Excellency Radha Krishna Ramphul Apr 2015

The Role Of International And Regional Organizations In The Peaceful Settlement Of Internal Disputes (With Special Emphasis On The Organization Of African Unity), His Excellency Radha Krishna Ramphul

Georgia Journal of International & Comparative Law

No abstract provided.


Role Of The United Nations In Internal Conflict, Paul C. Szasz Apr 2015

Role Of The United Nations In Internal Conflict, Paul C. Szasz

Georgia Journal of International & Comparative Law

No abstract provided.


Non-Military Intervention By International And Regional Organizations In Internal Conflicts, Frank C. Newman Apr 2015

Non-Military Intervention By International And Regional Organizations In Internal Conflicts, Frank C. Newman

Georgia Journal of International & Comparative Law

No abstract provided.


Human Rights And Internal Conflicts: Some Aspects Of The United Nations Approach, Thomas Mccarthy Apr 2015

Human Rights And Internal Conflicts: Some Aspects Of The United Nations Approach, Thomas Mccarthy

Georgia Journal of International & Comparative Law

No abstract provided.


The New Law Of Treaties: The Codification Of The Law Of Treaties Concluded Between States And International Organizations Or Between Two Or More International Organizations, Neri Sybesma-Knol Mar 2015

The New Law Of Treaties: The Codification Of The Law Of Treaties Concluded Between States And International Organizations Or Between Two Or More International Organizations, Neri Sybesma-Knol

Georgia Journal of International & Comparative Law

No abstract provided.


The Post-Postcolonial Woman Or Child, Diane Marie Amann Jan 2015

The Post-Postcolonial Woman Or Child, Diane Marie Amann

Scholarly Works

This essay is based on remarks given as Distinguished Discussant for the 16th annual Grotius Lecture at the 2014 Annual Meeting of the American Society of International Law/Biennial Conference of the International Law Association. The essay examines the international law status of women, on the one hand, and children, on the other, through the contemporary lens of the post-postcolonial world and the historical lens of Hugo Grotius and the colonialist era. In so doing, the essay responds to the principal Grotius Lecture, "Women and Children: The Cutting Edge of International Law," which was delivered by Radhika Coomarswamy, NYU Global Professor …


The United Nations System For The Protection Of Human Rights, Larry Johnson Nov 2014

The United Nations System For The Protection Of Human Rights, Larry Johnson

Georgia Journal of International & Comparative Law

No abstract provided.


United States Attitudes Toward Ratification Of Human Rights Instruments, Louis B. Sohn Nov 2014

United States Attitudes Toward Ratification Of Human Rights Instruments, Louis B. Sohn

Georgia Journal of International & Comparative Law

No abstract provided.


The Security Council Comes Of Age: An Analysis Of The International Legal Response To The Iraqi Invasion Of Kuwait, Christopher John Sabec Nov 2014

The Security Council Comes Of Age: An Analysis Of The International Legal Response To The Iraqi Invasion Of Kuwait, Christopher John Sabec

Georgia Journal of International & Comparative Law

No abstract provided.