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Articles 1 - 12 of 12
Full-Text Articles in Law
Contemporary Practice Of The United States Relating To International Law (112:4 Am J Int'l L), Jean Galbraith
Contemporary Practice Of The United States Relating To International Law (112:4 Am J Int'l L), Jean Galbraith
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This article is reproduced with permission from the October 2018 issue of the American Journal of International Law © 2018 American Society of International Law. All rights reserved.
Contemporary Practice Of The United States Relating To International Law (112:3 Am J Int'l L), Jean Galbraith
Contemporary Practice Of The United States Relating To International Law (112:3 Am J Int'l L), Jean Galbraith
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This article is reproduced with permission from the July 2018 issue of the American Journal of International Law © 2018 American Society of International Law. All rights reserved.
Contemporary Practice Of The United States Relating To International Law (112:2 Am J Int'l L), Jean Galbraith
Contemporary Practice Of The United States Relating To International Law (112:2 Am J Int'l L), Jean Galbraith
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This article is reproduced with permission from the April 2018 issue of the American Journal of International Law © 2018 American Society of International Law. All rights reserved.
Once the PDF is open, individual articles are accessible either by scrolling down or by clicking on the bookmark symbol.
The Dynamic Impact Of Periodic Review On Women’S Rights, Cosette D. Creamer, Beth A. Simmons
The Dynamic Impact Of Periodic Review On Women’S Rights, Cosette D. Creamer, Beth A. Simmons
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Human rights treaty bodies have been frequently criticized as useless and the regime’s self-reporting procedure widely viewed as a whitewash. Yet very little research explores what, if any, influence this periodic review process has on governments’ implementation of and compliance with treaty obligations. We argue oversight committees may play an important role in improving rights on the ground by providing information for international and primarily domestic audiences. This paper examines the cumulative effects on women’s rights of self-reporting and oversight review, using original data on the history of state reporting to and review by the Committee on the Elimination of …
Convergence And Divergence In International Economic Law And Politics, Sungjoon Cho, Jürgen Kurtz
Convergence And Divergence In International Economic Law And Politics, Sungjoon Cho, Jürgen Kurtz
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This article explores the phenomena of convergence and divergence in international economic law. It argues that both international trade and investment law have been forced to overcome a structural (legal-institutional) prioritization of market goals via competing social regulatory concerns. It is at this stress point that we argue that a powerful set of converging and procedurally orientated hermeneutics can be identified in the jurisprudence that, properly employed, could significantly bolster the elasticity and durability of state commitment to international economic law constraints. There remain, however, continuing textual and systemic divergences at play, which opponents will often dismiss for reasons of …
Local Human Rights Lawyering, Lauren Bartlett
Local Human Rights Lawyering, Lauren Bartlett
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International human rights offer a powerful set of norms that have helped domestic advocates to successfully secure additional civil, political, economic and social rights for those living in poverty in the U.S. Legal aid attorneys, public defenders, and other public interest advocates have recognized human rights as an additional advocacy tool and are increasingly using human rights arguments in U.S. courts. This article examines three cases in which legal aid attorneys and public defenders successfully used human rights arguments in U.S. courts, and discusses emerging best practices for using human rights in litigation in the U.S.
Polar Opposites: Assessing The State Of Environmental Law In The World’S Polar Regions, Mark Nevitt, Robert V. Percival
Polar Opposites: Assessing The State Of Environmental Law In The World’S Polar Regions, Mark Nevitt, Robert V. Percival
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Climate change is fundamentally transforming both the Arctic and Antarctic polar regions. Yet they differ dramatically in their governing legal regimes. For the past sixty years the Antarctic Treaty System (ATS), a traditional “hard law” international law treaty system, effectively de-militarized the Antarctic region and halted competing sovereignty claims. In contrast, the Arctic region lacks a unifying Arctic treaty and is governed by the newer “soft law” global environmental law model embodied in the Arctic Council’s collaborative work. Now climate change is challenging this model. It is transforming the geography of both polar regions, breaking away massive ice sheets in …
Contemporary Practice Of The United States Relating To International Law (112:1 Am J Int'l L), Jean Galbraith
Contemporary Practice Of The United States Relating To International Law (112:1 Am J Int'l L), Jean Galbraith
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This article is reproduced with permission from the January 2018 issue of the American Journal of International Law © 2018 American Society of International Law. All rights reserved.
Once the PDF is open, individual articles are accessible either by scrolling down or by clicking on the bookmark symbol.
When Law Is Complicit In Gender Bias: Ending De Jure Discrimination Against Women As An Important Target Of Sustainable Development Goal 5, Rangita De Silva De Alwis
When Law Is Complicit In Gender Bias: Ending De Jure Discrimination Against Women As An Important Target Of Sustainable Development Goal 5, Rangita De Silva De Alwis
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Ending all forms of discrimination against women and girls is not only a basic human right, but also crucial to accelerating sustainable development. The very first target of Goal 5. 1.1 calls to end all forms of discrimination against all women and girls everywhere and the indicator for the goal is: “Whether or not legal frameworks are in place to promote, enforce and monitor equality and non-discrimination on the basis of sex”. In many countries around the world the legal frameworks themselves allow for both direct (de jure) and indirect (de facto) discrimination against women. This essay identifies some areas …
Making Laws, Breaking Silence: Case Studies From The Field, Rangita De Silva De Alwis
Making Laws, Breaking Silence: Case Studies From The Field, Rangita De Silva De Alwis
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The Sustainable Development Goals seek to change the history of the 21st century, addressing key challenges such as poverty, inequality, and violence against women and girls. The inalienable rights of gender equality and empowerment of women and girls addressed in Goal 5 are a pre-condition for this. Despite decades of struggle by women’s movements and reformist agendas, much still needs to be done to address de facto and de jure discrimination against women. At a time of enormous change for women, these essays from around the world are a critical analysis of the role of law in regulating and shaping …
China's Rise, The U.S., And The Wto: Perspectives From International Relations Theory, Jacques Delisle
China's Rise, The U.S., And The Wto: Perspectives From International Relations Theory, Jacques Delisle
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What do China’s dramatic economic rise, engagement with the World Trade Organization (“WTO”) (and other established features of the international economic legal order), and rising assertiveness in external relations tell us about China’s past and likely future relationship to status quo international economic legal institutions and the norms they instantiate? What do these developments indicate about prospects for those institutions and norms? In China’s Rise: How it Took on the U.S. at the WTO, Gregory Shaffer and Henry Gao offer, or point us toward, answers to these questions. They do so on a grander scale than their relatively modest …
The Global Diffusion Of Law: Transnational Crime And The Case Of Human Trafficking, Beth A. Simmons, Paulette Lloyd, Brandon M. Steward
The Global Diffusion Of Law: Transnational Crime And The Case Of Human Trafficking, Beth A. Simmons, Paulette Lloyd, Brandon M. Steward
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The past few decades have seen the proliferation of new laws criminalizing certain transnational activities, from money laundering to corruption; from insider trading to trafficking in weapons and drugs. Human trafficking is one example. We argue criminalization of trafficking in persons has diffused in large part because of the way the issue has been framed: primarily as a problem of organized crime rather than predominantly an egregious human rights abuse. Framing human trafficking as an organized crime practice empowers states to confront cross border human movements viewed as potentially threatening. We show that the diffusion of criminalization is explained by …