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Full-Text Articles in Law
Reckoning: A Dialogue About Racism, Antiracists, And Business & Human Rights, Erika George, Jena Martin, Tara Van Ho
Reckoning: A Dialogue About Racism, Antiracists, And Business & Human Rights, Erika George, Jena Martin, Tara Van Ho
Washington International Law Journal
Video of George Floyd’s death sparked global demonstrations and prompted individuals, communities and institutions to grapple with their own roles in embedding and perpetuating racist structures. The raison d’être of Business and Human Rights (BHR) is to tackle structural corporate impediments to the universal realization of human rights. Yet, racism, one of the most obvious of such barriers, has been a blind spot for BHR. While the field has contended with gender inequality, there have only been tokenistic nods to intersectional harms caused by business activities. The failure to address racism seriously undermines both the promise of BHR generally and …
Corporate Complicity In International Criminal Law: Potential Responsibility Of European Arms Dealers For Crimes Committed In Yemen, Marina Aksenova
Corporate Complicity In International Criminal Law: Potential Responsibility Of European Arms Dealers For Crimes Committed In Yemen, Marina Aksenova
Washington International Law Journal
This article examines the question of corporate complicity within the framework of international criminal law and, more specifically, at the International Criminal Court (ICC). It does so by referencing a communication to the ICC filed by several non-governmental organizations, inviting the prosecutor to examine potential criminal responsibility of several European corporate officials who are knowingly supplying weapons to the United Arab Emirates/Saudi-led coalition currently engaged in a military offensive in Yemen. This submission raises an important legal question of whether the ICC’s Rome Statute provides for the possibility to hold corporate officials accountable in cases of complicity in gross human …
Race And Representation: The Legislative Council In Hong Kong During The Reign Of Queen Victoria, Dongsheng Zang
Race And Representation: The Legislative Council In Hong Kong During The Reign Of Queen Victoria, Dongsheng Zang
Washington International Law Journal
Black Americans need not be told that racism is not accidental, nor is it marginal in their lives. The rest of the American society does. In fact, race is a foundational consideration in the development of democracy in Anglo- American history. This article attempts to demonstrate, through colonial history of Hong Kong, how white supremacy played a central role in shaping the British colonial policy during the nineteenth century—the reign of Queen Victoria. Hong Kong was ceded to the British Empire when two ideas in Victorian England were competing to dominate its colonial policy: one was anti-slavery, and the other …
American Judicial Rejectionism And The Domestic Court’S Undermining Of International Human Rights Law And Policy After Human Right Violations Have Occurred In The State, Jessika L. Gonzalez
American Judicial Rejectionism And The Domestic Court’S Undermining Of International Human Rights Law And Policy After Human Right Violations Have Occurred In The State, Jessika L. Gonzalez
Washington International Law Journal
Ahmaud Arbery, Breonna Taylor, and George Floyd’s executions ignited protests across the world. These protests raised debate over the United States Supreme Court’s creation of qualified immunity for police misconduct. This in turn creates an appropriate opportunity to stop and take stock of United States law surrounding protections and immunities afforded to law enforcement officials, relative to international law and policy on law enforcement accountability and oversight. In doing so, this article uncovers how the American judiciary carries out a new form of American rejectionism powered by its use of qualified immunity doctrine, which in practice, results in a lack …
The Bar Exam’S Contribution To Systemic Inequalities In Access To Justice Around The World, Nicci Arete
The Bar Exam’S Contribution To Systemic Inequalities In Access To Justice Around The World, Nicci Arete
Washington International Law Journal
Existing literature does not give adequate attention to if and how the bar exam impacts the legal profession’s goals. Bar exam proponents say that the test separates competent candidates from incompetent ones, protecting the public from falling victim to inadequate legal services. But what constitutes a competent attorney? What are the goals of the profession? As legal systems become more complex and their impact on people’s lives all- encompassing, the ideal of improving access to justice—equitable and fair justice—is increasingly the target for justice systems across the globe. Addressing access to justice cannot be done without acknowledging the disparate barriers …
Criminalization Is Not The Only Way: Guatemala’S Law Against Femicide And Other Forms Of Violence Against Women And The Rates Of Femicide In Guatemala, Sydney Bay
Washington International Law Journal
Femicide in Guatemala has not decreased over the past twelve years, despite government efforts to curb the practice. In 2008, Guatemala passed the Law Against Femicide and Other Forms of Violence Against Women, which defined and criminalized femicide. The Law also created regulatory agencies and courts focused on stopping femicide and other forms of violence against women in the country, including physical, sexual, emotional, and economic violence. But because the government lacks resources and it has received resistance from the agencies’ local levels, femicide and the violence against women has not diminished. Additionally, recent Supreme Court cases have weakened aspects …