Law Commons^™

After Privacy: The Rise Of Facebook, The Fall Of Wikileaks, And Singapore’S Personal Data Protection Act 2012, Simon Chesterman

Simon Chesterman

This article discusses the changing ways in which information is produced, stored, and shared — exemplified by the rise of social-networking sites like Facebook and controversies over the activities of WikiLeaks — and the implications for privacy and data protection. Legal protections of privacy have always been reactive, but the coherence of any legal regime has also been undermined by the lack of a strong theory of what privacy is. There is more promise in the narrower field of data protection. Singapore, which does not recognise a right to privacy, has positioned itself as an e-commerce hub but had no …

Re-Imagining Child Soldiers, Mark Drumbl

Mark A. Drumbl

No abstract provided.

Reimagining Child Soldiers In International Law And Policy, Mark Drumbl

Mark A. Drumbl

No abstract provided.

Small Wars: The Legal Challenges, Kenneth Watkin

International Law Studies

No abstract provided.

An Australian Perspective On Non-International Armed Conflict: Afghanistan And East Timor, Rob Mclaughlin

International Law Studies

No abstract provided.

Detention Of Terrorists In The Twenty-First Century, William K. Lietzau

International Law Studies

No abstract provided.

Twenty-First-Century Challenges: The Use Of Military Forces To Combat Criminal Threats, Juan Carlos Gomez

International Law Studies

No abstract provided.

International Enforcement In Non-International Armed Conflict: Searching For Synergy Among Legal Regimes In The Case Of Libya, John Cerone

International Law Studies

No abstract provided.

Detention In Non-International Armed Conflicts, Knut Dormann

International Law Studies

No abstract provided.

War And Peace: Where Is The Divide?, Charles Garraway

International Law Studies

No abstract provided.

The Facts About Child Soldiers, Mark Drumbl

Mark A. Drumbl

No abstract provided.

Conference: Reparations In The Inter-American System: A Comparative Approach Conference, Ignacio Alvarez, Carlos Ayala, David Baluarte, Agustina Del Campo, Santiago A. Canton, Dean Claudio Grossman, Darren Hutchinson, Pablo Jacoby, Viviana Krsticevic, Elizabeth Abi-Mershed, Fernanda Nicola, Diego Rodríguez-Pinzón, Francisco Quintana, Sergio Garcia Ramirez, Alice Riener, Frank La Rue, Dinah Shelton, Ingrid Nifosi Sutton, Armstrong Wiggins

Darren L Hutchinson

This publication will enhance the understanding of what we call the law of reparations, developed in the Inter-American Court and Commission of Human Rights. Reparations have a special meaning for the victims of human rights violations and, in particular, the victims of mass and gross violations that took place in this hemisphere during the twentieth century. For those victims and their family members, reestablishing the rights as if no violation had occurred is not possible. Accordingly, to them, avoiding the repetition of those violations in the future is of paramount importance. In achieving that goal, what the victims want is …

The Private Sector’S Pivotal Role In Combating Human Trafficking, Jonathan Todres

Jonathan Todres

Human trafficking is big business, with industry estimates running in the billions of dollars annually. Much of that profit accrues to traffickers, illegal profiteers, and organized crime groups. However, the private sector-including legitimate businesses and industries-also reaps economic benefits, directly and indirectly, from the trafficking and related exploitation of persons. Despite these economic realities, the dominant approach to combating human trafficking has been to rely almost exclusively on governments and social services organizations to do the job. Little has been asked of the private sector. Two important bills-one adopted by the State of California and the otherintroduced in the U.S. …

Mere Ritual Or Gradual Change: Why Has Asia Failed To Establish Regional Human Rights Institutions Thus Far?, Buhm Suk Baek

Buhm Suk Baek

This paper reviews all the major initiatives to establish regional human rights institutions (RHRIs) in Asia and concludes that, for the last twenty years, Asian governments’ efforts to create RHRIs have been ritualistic, with non-legally binding promises and temporal discussions, but without any concrete actions. After analyzing the major initiatives, this paper identifies five main factors that have hindered the establishment of a regional human rights system in Asia. It concludes that those obstacles result not from a different understanding of fundamental human rights under the already existing international human rights legal system, but mainly from political considerations. Thus, this …

Rhris, Nhris And Human Rights Ngos, Buhm Suk Baek

Buhm Suk Baek

This paper reviews the characteristics of human rights NGOs and their evolving role within the existing international and regional human rights mechanisms, and further, in Asia, the way in which they have worked together for better human rights practices and the establishment of regional human rights institutions (RHRIs) in this region. It also examines the role of human rights NGOs in strengthening human rights protection systems at the national level, especially in cooperation with national human rights institutions (NHRIs). My broad argument is that not only have they contributed to strengthening the international human rights system, but have also been …

The Medium Foreseeing The Future: The Role Of Nhris In Creating Rhris In The Asia-Pacific Region, Buhm Suk Baek

Buhm Suk Baek

This paper explores the ways in which NHRIs can be a key player for the establishment of RHRIs in this region by addressing some of the concerns and inhibitions of Asian states, while furthering the broad policies and aims of international human rights law. In examining the unique strengths and weaknesses of NHRIs, this paper also explores the role that NHRIs can play in the creation, administration and furtherance of international human rights law, thus illuminating the particular role of such actors to create RHRIs in the Asian human rights context. This paper broadly maintains that as intermediate institutions, NHRIs …

"Destinations:" A Comparison Of Sex Trafficking In India And The United States, Sarah Montana Hart

Sarah Montana Hart

This paper finds similarities in the sex trafficking industries in the United States and India, and offers some suggestions for the international community moving forward.

Too Rough A Justice: The Ethiopia-Eritrea Claims Commission And Civil Liability For Claims For Rape Under International Law, Ryan S. Lincoln

Ryan S. Lincoln

The developments in international law prohibiting rape during armed conflict have grown at a rapid pace in recent decades. Whereas rape had long been considered an inevitable by-product of armed conflict, evolution in international humanitarian law (IHL) has relegated this conception mostly to the past. The work of international criminal tribunals has been at the forefront of this change, developing the specific elements of the international crime of rape, and helping to change the perception of rape in international law. Violations of IHL, however, also give rise to civil liability. Despite the advances with respect to rape made in the …

The Enforcement Of Foreign Judgments In The Jurisprudence Of The European Court Of Human Rights, Theodor Jr Schilling

Theodor JR Schilling

The enforcement of foreign judgments is a matter of choice for the States. The ECtHR has recognised the value of exequatur proceedings in protecting human rights of the foreign-judgment debtor. On the other hand, the Court postulates, in principle, a human right of the foreign-judgment creditor to an exequatur. The Court has to find a reasonably closed system guaranteeing both rights while at the same time paying due respect to the Convention States' margin of appreciation. The present contribution will discuss how the Court's jurisprudence fits the States' preoccupations on this subject as reflected in general international law and in …

The Debate, David M. Smolin, Elizabeth Bartholet

David M. Smolin

This chapter is taken from a forthcoming book on Intercountry Adoption, edited by Judith L. Gibbons and Karen Smith Robati and forthcoming in June of 2012. The chapter constitutes a debate between Professor Elizabeth Bartholet and Professor David Smolin. Each independently was given three questions to answer, and then one opportunity to respond to the other's answers to those three questions, all with strict space limitations. The debate illustrates some of the starkly different perspectives regarding the law, policies, and facts relevant to intercountry adoption.

Preventive Detention In The Law Of Armed Conflict: Throwing Away The Key?, Diane Webber

Diane Webber

More than ten years after 9/11, the “clear legal framework for handling alleged terrorists” promised by President Obama in 2009 is still undeveloped and “the country continues to hold suspects indefinitely, with no congressionally approved mechanism for regular judicial review.” Should terrorists be treated as criminals, involving traditional criminal law methods of detection, interrogation, arrest and trial? Or should they be treated as though they were involved in an armed conflict, which would involve detention and trial in accordance with a completely different set of rules and procedures? Neither model is a perfect fit to deal with twenty-first century terrorism. …

How The British Gun Control Program Precipitated The American Revolution, David B. Kopel

David B Kopel

Abstract: This Article chronologically reviews the British gun control which precipitated the American Revolution: the 1774 import ban on firearms and gun powder; the 1774-75 confiscations of firearms and gun powder, from individuals and from local governments; and the use of violence to effectuate the confiscations. It was these events which changed a situation of rising political tension into a shooting war. Each of these British abuses provides insights into the scope of the modern Second Amendment.

From the events of 1774-75, we can discern that import restrictions or bans on firearms or ammunition are constitutionally suspect — at least …

U.S. Foreign Policy And The Arab Spring: Ten Short-Term Lessons Learned, Paul Williams, Colleen Popken

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Victim Participation At The International Criminal Court And The Extraordinary Chambers In The Courts Of Cambodia: A Feminist Project?, Susana Sacouto

Articles in Law Reviews & Other Academic Journals

INTRODUCTION: Over the last couple of decades, and particularly since 1998, incredible advances have been made in the effort to end impunity for sexual and gender-based violence committed in the context of war, mass violence, or repression. Before this, crimes committed exclusively or disproportionately against women and girls during conflict or periods of mass violence were either largely ignored, or at most, treated as secondary to other crimes. However, evidence of the large-scale and systematic use of rape in conflicts over the last two decades helped create unprecedented levels of awareness of sexual violence as a method of war and …

From Politics To Law, To Tedium, And Back, Mark Drumbl

Mark A. Drumbl

No abstract provided.

Access To Health Information Under International Human Rights Law, Molly Land

Molly K. Land

This article discusses whether and, if so, to what extent states are obligated under international treaty law to provide individuals, lay healthcare providers, professional healthcare providers, and policymakers with appropriate health information. The article concludes that health information is an essential component of many identified and established human rights. States party to treaties such as the International Covenant on Civil and Political Rights must provide and guarantee access to health information. Appropriate health information fosters meaningful social and political participation and ensures that individuals achieve and enjoy the rights afforded to them by international human rights law. This article provides …

In Search Of A Forum For The Families Of The Guantanamo Disappeared, Peter Honigsberg

Peter J Honigsberg

The United States government has committed grave human rights violations by disappearing people during the past decade into the detention camps in Guantanamo Bay, Cuba. And for nearly thirty years, beginning with a 1983 decision from a case arising in Uruguay, there has been a well-developed body of international law establishing that parents, wives and children of the disappeared suffer torture, or cruel, inhuman or degrading treatment (CID).

This paper argues that the rights of family members were severely violated when their loved ones were disappeared into Guantanamo. Family members of men disappeared by the United States have legitimate claims …

Rebalancing Trips, Molly K. Land

Molly K. Land

In recent years, global intellectual property scholarship has been preoccupied with “rehabilitating” the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS). With some distance from the polarizing rhetoric that accompanied the early years of TRIPS, contemporary accounts laud the treaty as far more flexible and sensitive to the needs of developing countries than had previously been believed. This article argues that, contrary to these accounts, the fears of developing countries concerning TRIPS have indeed been realized—just not in the manner they imagined at the time of its conclusion. Although TRIPS does contain significant flexibilities, states have largely failed to take …