Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

International Law

University of Georgia School of Law

Keyword
Publication Year
Publication
Publication Type

Articles 31 - 60 of 1135

Full-Text Articles in Law

Safety Inside And Out: Why International Human Rights Standards Fail To Curb The Worst Excesses Of Police Policies And Practices, Dr. Mary O'Rawe Jul 2021

Safety Inside And Out: Why International Human Rights Standards Fail To Curb The Worst Excesses Of Police Policies And Practices, Dr. Mary O'Rawe

Georgia Journal of International & Comparative Law

No abstract provided.


How Police Culture Shapes Use Of Lethal Force: A Response To Flores Et Al., Dr. Tara Lai Quinlan Jul 2021

How Police Culture Shapes Use Of Lethal Force: A Response To Flores Et Al., Dr. Tara Lai Quinlan

Georgia Journal of International & Comparative Law

No abstract provided.


Global Impunity: How Police Laws & Policies In The World's Wealthiest Countries Fail International Human Rights Standards, Claudia Flores, Brian Citro, Nino Guruli, Mariana Olaizola Rosenblat, Chelsea Kehrer, Hannah Abrahams Jul 2021

Global Impunity: How Police Laws & Policies In The World's Wealthiest Countries Fail International Human Rights Standards, Claudia Flores, Brian Citro, Nino Guruli, Mariana Olaizola Rosenblat, Chelsea Kehrer, Hannah Abrahams

Georgia Journal of International & Comparative Law

No abstract provided.


Invoke Your Right To Remain Silent After You Confess: Self-Reporting Regulations And Potential Conflicts With International Law Prohibiting Compulsory Self-Incrimination, Patrick Testa Jun 2021

Invoke Your Right To Remain Silent After You Confess: Self-Reporting Regulations And Potential Conflicts With International Law Prohibiting Compulsory Self-Incrimination, Patrick Testa

Georgia Journal of International & Comparative Law

No abstract provided.


Transfer Of Child Offenders To Adult Criminal Courts In The Usa: An Unnecessary Exercise, Unconstitutional Practice, International Law Violation, Or All Of The Above?, Roger-Claude Liwanga, Patrick Ibe Jun 2021

Transfer Of Child Offenders To Adult Criminal Courts In The Usa: An Unnecessary Exercise, Unconstitutional Practice, International Law Violation, Or All Of The Above?, Roger-Claude Liwanga, Patrick Ibe

Georgia Journal of International & Comparative Law

There is an ongoing debate over the legality and effectiveness of the use of judicial waiver as a tool to fight violent crimes, including those committed by children in the United States. Judicial waiver or transfer of juveniles is a process by which child offenders are transferred from the juvenile court to adult criminal courts to be tried and sentenced as adult offenders. Despite the implicit recognition of the constitutionality of this practice by the United States Supreme Court, this paper contends that the transfer of child offenders to adult criminal courts violates key provisions of the Convention on the …


Protecting The Right To Food In The Era Of Covid-19 And Beyond, Ying Chen Jun 2021

Protecting The Right To Food In The Era Of Covid-19 And Beyond, Ying Chen

Georgia Journal of International & Comparative Law

No abstract provided.


On Command, Diane Marie Amann Apr 2021

On Command, Diane Marie Amann

Scholarly Works

By reference to the Lieber Code and other sources, this essay emphasizes the history of responsibility underlying the doctrine of command responsibility, and further criticizes developments that seem to have intermingled that doctrine with what are called “modes of liability. The essay urges that consideration of commander responsibility stand apart from other such “modes,” and cautions against a jurisprudence that raises the risk that, before fora like the International Criminal Court, no one can be held to account. It appears in a symposium issue exploring a 2020 Cambridge University Press book by Darryl Robinson, Justice in Extreme Cases: Criminal Law …


Introduction To The Symposium On Frédéric Mégret, "Are There 'Inherently Sovereign Functions' In International Law?", Melissa J. Durkee Jan 2021

Introduction To The Symposium On Frédéric Mégret, "Are There 'Inherently Sovereign Functions' In International Law?", Melissa J. Durkee

Scholarly Works

Imagine a future in which the U.S. government has closed the postal service, shuttered its administrative apparatus, and stopped funding education. Confirmation battles have dismantled the federal judiciary, with most adjudication now performed by private arbitrators. After years of erosion of public standards, corporate environmental and labor practices are now left to voluntary self-regulation and market pressures. Private military and security companies command and regulate a vast military infrastructure, executing contracts to meet U.S. intelligence and defense requirements. Prisons have been fully privatized. After losing faith in elections, the U.S. populace no longer insists on them. The country is administered …


Self-Defense To Cyber Force: Combatting The Notion Of 'Scale And Effect', Thomas Eaton Jan 2021

Self-Defense To Cyber Force: Combatting The Notion Of 'Scale And Effect', Thomas Eaton

Scholarly Works

The ability to reach out, with a few keystrokes or a couple lines of code, through the interconnected world of cyberspace and create militarily advantageous effects 10,000 miles away has changed warfare as previously conceived, perhaps more than any other advancement in any other domain of war. Cyber weapons are weapons, and whatever law applies to conventional weapons equally applies to cyber weapons. Long before cyber operations were even science fiction, there was much debate over what constituted a use of force that would justify force in response. In many ways, the debate over what constitutes cyber-attacks has been pasted …


Interpretive Entrepreneurs, Melissa J. Durkee Jan 2021

Interpretive Entrepreneurs, Melissa J. Durkee

Scholarly Works

Private actors interpret legal norms, a phenomenon I call "interpretive entrepreneurship." The phenomenon is particularly significant in the international context, where many disputes are not subject to judicial resolution and there is no official system of precedent. Interpretation can affect the meaning of laws over time. For this reason, it can be a form of "post hoc" international lawmaking, worth studying alongside other forms of international lobbying and norm entrepreneurship by private actors. The Article identifies and describes the phenomenon through a series of case studies that show how, why, and by whom it unfolds. The examples focus on entrepreneurial …


Are We (Americans) All International Realists Now?, Harlan G. Cohen Jan 2021

Are We (Americans) All International Realists Now?, Harlan G. Cohen

Scholarly Works

Is American international law distinctly legal realist? The claim is often made, but underexplored. What would it mean for American international law scholarship and practice to be legal realist in its orientation? Where would such an orientation come from, and what do those origin stories mean for current international law work? Are there common realist-inspired approaches within the varied schools of American international law scholarship? Does wielding those approaches produce distinctly American views on international law doctrine, its operation, or its function? And if American international law scholarship and practice is, in these ways, somewhat distinct, what does it mean …


International Law As Behavior: An Agenda, Harlan G. Cohen, Timothy Meyer Jan 2021

International Law As Behavior: An Agenda, Harlan G. Cohen, Timothy Meyer

Scholarly Works

Over the past few decades, scholars in a variety of fields – economics, psychology, sociology, anthropology, and international relations, among others – have made enormous strides studying the behavioral roots of international law by exploring individual motivations, describing organizational cultures, and mapping communities of practice. Taken together, the work of these scholars presents a complex, nuanced understanding of how international law works. However, these projects are rarely considered together: often separated by academic enclosures and focused on different subfields within international law, communication among scholars using different methodologies is restricted. The goal of this book is to break down some …


Justice As Message Symposium: What We See When We See Law … Through The Eyes Of Dame Laura Knight, Diane Marie Amann Dec 2020

Justice As Message Symposium: What We See When We See Law … Through The Eyes Of Dame Laura Knight, Diane Marie Amann

Scholarly Works

The eye cannot help but be drawn to the cover of Justice as Message, the new analysis by Carsten Stahn of, to quote the subtitle, Expressivist Foundations of International Criminal Justice. On the high-gloss paper jacket we see a tableau of blacks and browns and olive drab, accented only by the purple of a lawyer’s robe and the teal of a dossier perched on the bar behind him. In front, we see that the bench is buried in paper – paper that turns to ashes as the back wall gives way to a vision of buildings in ruin …


Circuit Split Deepened By Second Circuit's 'Functional' Test Application In Recent Section 1782 Ruling, Peter B. Rutledge, Emina Sadic Herzberger Sep 2020

Circuit Split Deepened By Second Circuit's 'Functional' Test Application In Recent Section 1782 Ruling, Peter B. Rutledge, Emina Sadic Herzberger

Popular Media

Federal law authorizes district courts to order discovery for use in a proceeding before a "foreign or international tribunal." While that law, 28 U.S.C. § 1782, permits interested persons to request such discovery, neither the statutory language nor Supreme Court jurisprudence definitively resolves whether private arbitral tribunals fall within its scope. Unsurprisingly, the lack of clear guidance on this matter has triggered a circuit split, with the Second and Fifth Circuits generally declining to extend § 1782 to private arbitral tribunals while the Fourth and Sixth Circuits broadly interpret the statutory language to apply § 1782 to private arbitral tribunals. …


National And International Security In Space: International Law Implications Of Space Force And Planetary Defense, Dr. Andrea Harrington May 2020

National And International Security In Space: International Law Implications Of Space Force And Planetary Defense, Dr. Andrea Harrington

Georgia Journal of International & Comparative Law

No abstract provided.


In Support Of Global Accountability For Private Commercial Space Actors, Julia Selman Ayetey May 2020

In Support Of Global Accountability For Private Commercial Space Actors, Julia Selman Ayetey

Georgia Journal of International & Comparative Law

No abstract provided.


Who Has The Power? A Critical Perspective On Space Governance And New Entrants To The Space Sector, Dr. Cassandra Steer May 2020

Who Has The Power? A Critical Perspective On Space Governance And New Entrants To The Space Sector, Dr. Cassandra Steer

Georgia Journal of International & Comparative Law

No abstract provided.


Reflections On Space Governance By China And Japan, Saadia M. Pekkanen May 2020

Reflections On Space Governance By China And Japan, Saadia M. Pekkanen

Georgia Journal of International & Comparative Law

No abstract provided.


Space Governance 3.0, Brian R. Israel May 2020

Space Governance 3.0, Brian R. Israel

Georgia Journal of International & Comparative Law

No abstract provided.


The Future Of Space Governance, Melissa J. Durkee May 2020

The Future Of Space Governance, Melissa J. Durkee

Georgia Journal of International & Comparative Law

Introduction to special conference issue


Set The Controls For The Heart Of The Moon: Is Existing Law Sufficient To Enable Resource Extraction On The Moon?, Mark J. Sundahl, Jeffrey A. Murphy May 2020

Set The Controls For The Heart Of The Moon: Is Existing Law Sufficient To Enable Resource Extraction On The Moon?, Mark J. Sundahl, Jeffrey A. Murphy

Georgia Journal of International & Comparative Law

No abstract provided.


New Ways And Means To Strengthen The Responsible And Peaceful Use Of Outer Space, David Kuan-Wei Chen May 2020

New Ways And Means To Strengthen The Responsible And Peaceful Use Of Outer Space, David Kuan-Wei Chen

Georgia Journal of International & Comparative Law

No abstract provided.


Structuring The Governance Of Space Activities Worldwide, Frans G. Von Der Dunk May 2020

Structuring The Governance Of Space Activities Worldwide, Frans G. Von Der Dunk

Georgia Journal of International & Comparative Law

No abstract provided.


Circuit Board Jurisdiction: Electronic Payments And The Presumption Against Extraterritoriality, Samuel L. Hatcher Apr 2020

Circuit Board Jurisdiction: Electronic Payments And The Presumption Against Extraterritoriality, Samuel L. Hatcher

Georgia Journal of International & Comparative Law

No abstract provided.


Between Hope And Critique: Human Rights, Social Justice And Re-Imagining International Law From The Bottom Up, Lorenzo Cotula Apr 2020

Between Hope And Critique: Human Rights, Social Justice And Re-Imagining International Law From The Bottom Up, Lorenzo Cotula

Georgia Journal of International & Comparative Law

No abstract provided.


Threats To The Rule Of Law In Africa, John Mukum Mbaku Apr 2020

Threats To The Rule Of Law In Africa, John Mukum Mbaku

Georgia Journal of International & Comparative Law

No abstract provided.


Silencing Xinjiang: The Chinese Government's Campaign Against The Uyghurs, Connor W. Dooley Feb 2020

Silencing Xinjiang: The Chinese Government's Campaign Against The Uyghurs, Connor W. Dooley

Georgia Journal of International & Comparative Law

No abstract provided.


First Responders, Second Priority: Georgia's Inmate Firefighter Program And International Human Rights Standards, Erin Paige Mcgonigle Feb 2020

First Responders, Second Priority: Georgia's Inmate Firefighter Program And International Human Rights Standards, Erin Paige Mcgonigle

Georgia Journal of International & Comparative Law

No abstract provided.


Globalists And The Corruption Of Sources, Amy Baker Benjamin Feb 2020

Globalists And The Corruption Of Sources, Amy Baker Benjamin

Georgia Journal of International & Comparative Law

No abstract provided.


The Case Of Palestine Against The Usa At The Icj: A Non-Starter Or Precedent-Setter?, Md. Rizwanul Islam Feb 2020

The Case Of Palestine Against The Usa At The Icj: A Non-Starter Or Precedent-Setter?, Md. Rizwanul Islam

Georgia Journal of International & Comparative Law

No abstract provided.