Law Commons^™

Enter At Your Own Risk: Criminalizing Asylum-Seekers, Thomas M. Mcdonnell, Vanessa H. Merton

Elisabeth Haub School of Law Faculty Publications

In nearly three years in office, President Donald J. Trump’s war against immigrants and the foreign-born seems only to have intensified. Through a series of Executive Branch actions and policies rather than legislation, the Trump Administration has targeted immigrants and visitors from Muslim-majority countries, imposed quotas on and drastically reduced the independence of Immigration Court Judges, cut the number of refugees admitted by more than 80%, cancelled DACA (Deferred Action for Childhood Arrivals), and stationed Immigration Customs and Enforcement (“ICE”) agents at state courtrooms to arrest unauthorized immigrants, intimidating them from participating as witnesses and litigants. Although initially saying that …

Human Rights, Economic Justice And U.S. Exceptionalism, Natasha Lycia Ora Bannan

Pace International Law Review

On April 5, 2019, PILR held their triennial symposium titled: Revisiting Human Rights: The Universal Declaration at 70. As a reflection of the event, a few panelists composed contribution pieces reflecting on the topic.

Flor Freire V. Ecuador, Raymond Chavez

Loyola of Los Angeles International and Comparative Law Review

This case is about the discharge from duty of a Second Lieutenant of the Ecuadorian army who had been accused of engaging in homosexual conduct. The Court found violation of several articles of the American Convention. The violation of the prohibition of discrimination is the most significant one.

Human Rights In The Middle East, Linda A. Malone

Linda A. Malone

No abstract provided.

Exercising Environmental Human Rights And Remedies In The United Nations System, Linda A. Malone, Scott Pasternack

Linda A. Malone

No abstract provided.

Book Review Of Federal Courts And The International Human Rights Paradigm And World Justice? U.S. Courts And International Human Rights, Linda A. Malone

Linda A. Malone

No abstract provided.

Standing For Human Rights Abroad, Evan J. Criddle

Evan J. Criddle

When may states impose coercive measures such as asset freezes, trade embargos, and investment restrictions to protect the human rights of foreign nationals abroad? Drawing inspiration from Hugo Grotius’s guardianship account of humanitarian intervention, this Article offers a new theory of states’ standing to enforce human rights abroad: under some circumstances, international law authorizes states to impose countermeasures as fiduciary representatives, asserting the human rights of oppressed foreign peoples for the benefit of those peoples. The fiduciary theory explains why all states may use countermeasures to vindicate the human rights of foreign nationals abroad despite the fact that they do …

Proportionality In Counterinsurgency: A Relational Theory, Evan J. Criddle

Evan J. Criddle

At a time when the United States has undertaken high-stakes counterinsurgency campaigns in at least three countries (Afghanistan, Iraq, and Pakistan) while offering support to insurgents in a fourth (Libya), it is striking that the international legal standards governing the use of force in counterinsurgency remain unsettled and deeply controversial. Some authorities have endorsed norms from international humanitarian law as lex specialis, while others have emphasized international human rights as minimum standards of care for counterinsurgency operations. This Article addresses the growing friction between international human rights and humanitarian law in counterinsurgency by developing a relational theory of the use …

The Fiduciary Constitution Of Human Rights, Evan Fox-Decent, Evan J. Criddle

Evan J. Criddle

We argue that human rights are best conceived as norms arising from a fiduciary relationship that exists between states (or statelike actors) and the citizens and noncitizens subject to their power. These norms draw on a Kantian conception of moral personhood, protecting agents from instrumentalization and domination. They do not, however, exist in the abstract as timeless natural rights. Instead, they are correlates of the state’s fiduciary duty to provide equal security under the rule of law, a duty that flows from the state’s institutional assumption of irresistible sovereign powers.

Protecting Human Rights During Emergencies: Delegation, Derogation, And Deference, Evan J. Criddle

Evan J. Criddle

Leading human rights treaties permit states as a temporary measure to suspend a variety of human rights guarantees during national crises. This chapter argues that human rights derogation is best justified as a temporary mechanism for empowering states to protect human rights, rather than as a device for enabling national authorities to advance their own interests in a manner that compromises human rights protection. Human rights treaties use broad legal standards to entrust states with responsibility for deciding what measures are best calculated to maximize human right protection during emergencies. For this delegation of authority to operate effectively, international tribunals …

Inter-Country Adoption And The Special Rights Fallacy, James G. Dwyer

James G. Dwyer

No abstract provided.

Regime Shifting Of Ip Law Making And Enforcement From The Wto To The International Investment Regime, James T. Gathii, Cynthia M. Ho

James T Gathii

No abstract provided.

Regime Shifting Of Ip Law Making And Enforcement From The Wto To The International Investment Regime, James T. Gathii, Cynthia M. Ho

Cynthia M Ho

No abstract provided.

The Legal Position Of Multinational Corporation In International Law, Patricia Rinwigati

Jurnal Hukum & Pembangunan

It has been recognised that Multinational Corporation has played important role in international law particularly on economic matters and recently on human rights. Hence, the question is how international law views this entity: is it a subject or object of international law? What kind of modalities and limitations for MNC to operate in international law? Do they have some capacities for law making treaty? This article attempts to answer those questions critically by Public International Law as a point of departure. It is argued here that different theories used lead to different conclusion on the position of multinational corporation in …

Rochac Hernández Et Al. V. El Salvador, Kimberly E. Barreto

Loyola of Los Angeles International and Comparative Law Review

This case is about the forced disappearance of five children during El Salvador’s Civil War. The State forcedly took thousands of children to curb rebel forces in rural areas. Unsurprisingly, the Court found violation of several articles of the American Convention, but the case is notable because it addresses Article 19 (Rights of the Child), an article of the Convention rarely discussed.

The Variation In The Use Of Sub-Regional Integration Courts Between Business And Human Rights Actors: The Case Of The East African Court Of Justice, James T. Gathii

James T Gathii

No abstract provided.

Forced Marriage: Terminological Coherence And Dissonance In International Criminal Law, Valerie Oosterveld

William & Mary Bill of Rights Journal

No abstract provided.

Leveling The Playing Field: Advancing Free Legal Aid For The Family Law Claims Of Ethiopian Women, Maereg Tewoldebirhan Alemayehu

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Elusive Justice: The Rohingya Chronic Crisis And The Responsibility To Protect, Sumangala Bhattacharya

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

The Bemba Appeals Chamber Judgment: Impunity For Sexual And Gender-Based Crimes?, Susana Sácouto, Patricia Viseur Sellers

William & Mary Bill of Rights Journal

No abstract provided.

Human Rights In International Criminal Proceedings—The Impact Of The Judgment Of The Kosovo Specialist Chambers Of 26 April 2017, Göran Sluiter

William & Mary Bill of Rights Journal

By their very nature, international criminal tribunals will in their operation impact individual rights, such as the right to liberty and the right to a fair trial. Without a constitution and without a history in developing due process norms, international criminal tribunals have to provide for instant incorporation of human rights in their respective criminal proceedings.

However, the circumstances under which international criminal tribunals are established are often complex, while at the same time their creation is considered to be a matter of urgency. As a result, there may not always be sufficient attention to human rights law’s position and …

The New Social Contracts In International Supply Chains, David Snyder

Articles in Law Reviews & Other Academic Journals

This Article considers, from legal, practical, moral, and policy perspectives, Model Contract Clauses (MCCs) to protect the human rights of workers in international supply chains. The product of the ABA Business Law Section Working Group to Draft Human Rights Protections in International Supply Contracts, the MCCs are an effort to provide companies with carefully researched and well-drafted clauses to incorporate human rights policies into supply contracts (purchase orders, master vendor agreements, and the like). The Article discusses the impetus, goals, and strategies of the MCCs and explains the paradigm of the corporate, operational, and political landscape for which they are …

The Human Rights Movement And The Prevention Of Evil: The Need To Look Inward As Well As Out, Jeffrey A. Brauch

Catholic University Law Review

The modern human rights movement began as a response to great evil perpetrated by individuals and nations against others during and preceding World War II. The movement has been dedicated to protecting the rights of individuals by confronting evil and holding nations accountable should efforts to prevent it fail.

This article contends that while the human rights movement is good at confronting evil “out there,” it has failed in important ways to recognize flaws within itself. In particular, it displays a hubris that shows itself in two ways. First, the movement has embraced a utopian expansion of rights to be …

The Double Whammy Of Being Female And African-American: How Black Women Are More Vulneralbe To Trafficking And Other Forms Of Discrimination, Cheryl Page

Journal Publications

Commercial sexual exploitation discriminates even among those that fall prey to this heinous criminal enterprise. It is impossible to comprehensively discuss this topic without addressing the fact that the majority of victims are female, females of color, traditionally are from a lower economic status, tend to not have as many educational opportunities, have experienced some form of abuse and trauma, have been a part of the foster care system, and have other vulnerabilities that make them even more susceptible to being trafficked. This discussion would be incomplete without also addressing how trafficking is connected to race and racial discrimination, poverty, …