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Full-Text Articles in Law
Supreme Court Of Canada On The Appropriateness And Scope Of A Global Website Takedown Order, Jennifer C. Daskal
Supreme Court Of Canada On The Appropriateness And Scope Of A Global Website Takedown Order, Jennifer C. Daskal
Articles in Law Reviews & Other Academic Journals
In Google v. Equustek, the Supreme Court of Canada ordered Google to delist all websites used by Datalink, a company that stole trade secrets from Equustek, a Canada-based information technology company. Google had agreed to do so in part, but with respect to searches that originated from google.ca only, the default browser for those in Canada. Equustek however, argued the takedowns needed to be global in order to be effective. It thus sought an injunction ordering Google to delist the allegedly infringing websites from all of Google's search engines whether accessed from google.ca, google.com, or any other entry point. Google …
Assessing The Potential For Global Economic Governance Reform, Daniel D. Bradlow
Assessing The Potential For Global Economic Governance Reform, Daniel D. Bradlow
Articles in Law Reviews & Other Academic Journals
Every dynamic social system’s adaptive capacity is finite. Eventually, the ability of the system’s legal and institutional arrangements to adapt to the changing operational context is exhausted. At this point, unless the system is significantly reformed, it begins losing its legitimacy and efficacy.
This article contends that the structure, operation and scale of the global economy has changed so dramatically that the current arrangements for global economic governance are approaching this crisis moment. They are failing to deliver an inclusive, sustainable and efficient international economic system that can contribute to peace, prosperity and human welfare. Their governance arrangements and operating …
User-Generated Evidence, Rebecca Hamilton
User-Generated Evidence, Rebecca Hamilton
Articles in Law Reviews & Other Academic Journals
Around the world, people are using their smartphones to document atrocities. This Article is the first to address the implications of this important development for international criminal law. While acknowledging the potential benefits such user-generated evidence could have for international criminal investigations, the Article identifies three categories of concern related to its use: (i) user security; (ii) evidentiary bias; and (iii) fair trial rights. In the absence of safeguards, user-generated evidence may address current problems in international criminal justice at the cost of creating new ones and shifting existing problems from traditional actors, who have institutional backing, to individual users …
Inaccessible Apexes: Comparing Access To Regional Human Rights Courts And Commissions In Europe, The Americas, And Africa Symposium: Comparing Regional Human Rights Regimes, Claudia Martin, Francoise Hampson, Frans Vilijoen
Inaccessible Apexes: Comparing Access To Regional Human Rights Courts And Commissions In Europe, The Americas, And Africa Symposium: Comparing Regional Human Rights Regimes, Claudia Martin, Francoise Hampson, Frans Vilijoen
Articles in Law Reviews & Other Academic Journals
The three well-established regional human rights systems (in Europe, the Americas, and Africa) aim to provide access to individuals to a decision and remedy based on the violation of human rights in the founding treaties. In this article, the notion of the "dispute pyramid," developed in sociolegal studies, generally, is adjusted to describe and help us better understand regional access. Access differs considerably across the three systems, and its major stumbling blocks present themselves at different stages. In the European system, most cases are dismissed at the admissibility phase. In the Inter-American system, most cases are weeded out at the …
Building Victim-Led Coalitions In The Pursuit Of Accountability, Diane Orentlicher
Building Victim-Led Coalitions In The Pursuit Of Accountability, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
Assurances ofvictim participation in proceedings before the International Criminal Court and Extraordinary Chambers in the Courts of Cambodia have been seen as a welcome corrective to the flawed model of earlier tribunals. The first such tribunal created since the postwar period, the International Criminal Tribunal for the former Yugoslavia (ICTY), was established by the UN Security Council in May 1993 without even consulting those who survived the atrocities that gave rise to its creation, the majority of which took place in Bosnia-Herzegovina. Nor were victims formally incorporated into the ICTY's work except for those who provided testimony and other evidence. …
Academy On Human Rights And Humanitarian Law Articles And Essays On Emerging Challenges In The Relationship Between International Humanitarian Law And International Human Rights Law: Introduction, Claudia Martin, Diego Rodriguez-Pinzon
Academy On Human Rights And Humanitarian Law Articles And Essays On Emerging Challenges In The Relationship Between International Humanitarian Law And International Human Rights Law: Introduction, Claudia Martin, Diego Rodriguez-Pinzon
Articles in Law Reviews & Other Academic Journals
We are delighted to present this year's publication of the Academy on Human Rights and Humanitarian Law, which includes the three best essays in English and in Spanish recognized in the 2017 Human Rights Essay Award competition. It is satisfying to think that this competition allowed a number of participants an opportunity to expound their thoughts on so many important topics and areas of the world. We hope these participants are able to use their articles as mechanisms for change.
Sovereignty In The Age Of Cyber, Gary Corn
Sovereignty In The Age Of Cyber, Gary Corn
Articles in Law Reviews & Other Academic Journals
International law is a foundational pillar of the modern international order, and its applicability to both state and nonstate cyber activities is, by now, beyond question. However, owing to the unique and rapidly evolving nature of cyberspace, its ubiquitous interconnectivity, its lack of segregation between the private and public sectors, and its incompatibility with traditional concepts of geography, there are difficult and unresolved questions about exactly how international law applies to this domain. Chief among these is the question of the exact role that the principle of sovereignty plays in regulating states' cyber activities.
Book Review Some Kind Of Justice: The Icty's Impact In Bosnia And Serbia, Diane Orentlicher, Ivan Vukusic
Book Review Some Kind Of Justice: The Icty's Impact In Bosnia And Serbia, Diane Orentlicher, Ivan Vukusic
Articles in Law Reviews & Other Academic Journals
In December 2017, the International Criminal Tribunal for the former Yugoslavia (ICTY) in The Hague closed, 25 years after it was set up by the United Nation's Security Council (UN sc) Resolution 827. That decision by the UN SC, primarily in response to the brutality of the war in Bosnia and Herzegovina (BiH), completely changed the landscape of international law. American legal scholar Diane Orentlicher, a seasoned observer of the ICTY, provides in this book the most detailed assessment of its record to date. Countless journal articles, books, documentaries and panels, in the former Yugoslavia, The Hague and elsewhere discussed …