Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (32)
- Human Rights Law (15)
- Public Affairs, Public Policy and Public Administration (12)
- Public Policy (12)
- Social and Behavioral Sciences (12)
-
- Arts and Humanities (3)
- Indigenous Studies (3)
- Intellectual Property Law (3)
- International Humanitarian Law (3)
- International Trade Law (3)
- Race, Ethnicity and Post-Colonial Studies (3)
- Dispute Resolution and Arbitration (2)
- Environmental Law (2)
- Law of the Sea (2)
- Natural Resources Law (2)
- Science and Technology Law (2)
- Securities Law (2)
- Admiralty (1)
- Antitrust and Trade Regulation (1)
- Banking and Finance Law (1)
- Climate (1)
- Commercial Law (1)
- Consumer Protection Law (1)
- Criminal Law (1)
- Disaster Law (1)
- Environmental Public Health (1)
- Feminist, Gender, and Sexuality Studies (1)
- Food and Drug Law (1)
- Health Law and Policy (1)
- Institution
-
- University of Massachusetts Boston (12)
- Vanderbilt University Law School (5)
- Florida International University College of Law (2)
- Marquette University Law School (2)
- Ohio Northern University (2)
-
- Pace University (2)
- Case Western Reserve University School of Law (1)
- Fordham Law School (1)
- Louisiana State University Law Center (1)
- Pepperdine University (1)
- St. John's University School of Law (1)
- St. Mary's University (1)
- University of Maine School of Law (1)
- University of Maryland Francis King Carey School of Law (1)
- University of San Diego (1)
- Publication
-
- New England Journal of Public Policy (12)
- Vanderbilt Journal of Transnational Law (4)
- FIU Law Review (2)
- Marquette Intellectual Property Law Review (2)
- Ohio Northern University Law Review (2)
-
- Case Western Reserve Journal of International Law (1)
- Fordham Intellectual Property, Media and Entertainment Law Journal (1)
- Louisiana Law Review (1)
- Maryland Law Review (1)
- Ocean and Coastal Law Journal (1)
- Pace Environmental Law Review (1)
- Pace International Law Review (1)
- Pepperdine Dispute Resolution Law Journal (1)
- San Diego International Law Journal (1)
- St. John's Law Review (1)
- The Scholar: St. Mary's Law Review on Race and Social Justice (1)
- Vanderbilt Law Review (1)
Articles 1 - 30 of 34
Full-Text Articles in Law
Building A Lifeline: A Proposed Global Platform And Responsibility Sharing Model For The Global Compact On Refugees, Sarnata Reynolds, Juan Pablo Vacatello
Building A Lifeline: A Proposed Global Platform And Responsibility Sharing Model For The Global Compact On Refugees, Sarnata Reynolds, Juan Pablo Vacatello
The Scholar: St. Mary's Law Review on Race and Social Justice
In 2016, the leaders of 193 governments committed to more equitable and predictable sharing of responsibility for refugees as part of the New York Declaration, to be realized in the Global Compact on Refugees. To encourage debate, this paper presents the first global model to measure the capacity of governments to physically protect and financially support refugees and host communities. The model is based on a new database of indicators covering 193 countries, which assigns a fair share to each country and measures current government contributions to the protection of refugees. The model also proposes a new government-led global platform …
Roman Law And Global Constitutionalism, Rafael Domingo
Roman Law And Global Constitutionalism, Rafael Domingo
San Diego International Law Journal
The parallel between contemporary issues and Roman history often fascinates and illuminates. In this Article, I argue how Roman law can serve today as an inspiration toward global constitutionalism given it was one of the several sources of inspiration for the American founders. Looking to Roman law helps reduce certain prejudices derived from the current privileging of the sovereign state and the positivist paradigm as the only genuine and possible models for international law. These prejudices constitute an actual hindrance to the right development of global constitutionalism. Global constitutionalism inherently moves beyond sovereignty, nationalism, and positivism. Roman law enables constitutionalists …
Foreword, James Holmes
Foreword, James Holmes
New England Journal of Public Policy
The International Communities Organisation (ICO) is a self-determination research and innovation center and a not-for-profit organization based in London. Guided by its vision of self-determination and the values of development and human rights, ICO aims to empower communities. It strives to foster an environment where organizations within these communities can overcome the barriers they face, allowing them to fulfill their potential and develop and create positive change for their local communities through local action, collaboration, and decision making.
To enhance our vision and our credibility as an international organization that works for peoples, we organized the February 2019 London conference …
European Union Integration And National Self-Determination, Mare Ushkovska
European Union Integration And National Self-Determination, Mare Ushkovska
New England Journal of Public Policy
Recent demands for secession in several EU member states bring the issue of self-determination to the forefront of the debate about the future of the European Union. This article explores the European Union’s attitudes toward the international right to self-determination in the context of the rising salience of the greater political union between member states. The focus of the European project, in direct contrast to the glorification of nationhood, is on consensual decision-making rather than sovereignty, making self-determination obsolete in a reality of EU integration. This research finds that recognition of, or references to, the right to self-determination of peoples …
Editor’S Note, Padraig O’Malley
Editor’S Note, Padraig O’Malley
New England Journal of Public Policy
The articles in this issue of the New England Journal of Public Policy have their origins in presentations at a Chatham House conference titled “Rethinking Self-Determination,” February 2019, hosted by the International Communities Organization and the journal.
Among the many aspects of self-determination they address: the elasticity of the concept as a human right in the context of “peoples” (Freeman); individual rights versus collective self-determination (Summers); Biafra as an early case of internal self-determination—the territorial integrity of the state and the right of secession when “the right of a people to participate in the decision-making processes of a country is …
The Right Of Peoples To Self-Determination In Article 1 Of The Human Rights Covenants As A Claimable Right, James Summers
The Right Of Peoples To Self-Determination In Article 1 Of The Human Rights Covenants As A Claimable Right, James Summers
New England Journal of Public Policy
This article looks at the potential for individual communications under common article 1 of the Human Rights Covenants, in particular, under the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights. It first outlines the problems posed by the drafting of common article 1, in particular, the identity of peoples. It then considers how individuals might be able to claim peoples’ rights through representation and the collectivization of individual rights.
Raising Indigenous Women’S Voices For Equal Rights And Self-Determination, Grazia Redolfi, Nikoletta Pikramenou, Rosario Grimà Algora
Raising Indigenous Women’S Voices For Equal Rights And Self-Determination, Grazia Redolfi, Nikoletta Pikramenou, Rosario Grimà Algora
New England Journal of Public Policy
The United Nations Declaration on the Rights of Indigenous Peoples states that the right to self-determination for Indigenous peoples involves their having the right to freely determine their political status and freely pursue their economic, social, and cultural development. The implementation of this right is linked to the ability and freedom to participate in any decision making that relates to their development. Current laws and practices are considered “unfair to women,” because they sustain traditional and customary patriarchal attitudes that marginalize Indigenous women and exclude them from decision-making tables and leadership roles. Despite the many challenges Indigenous women face in …
Communicative Justice And Reconciliation In Canada, Alice Neeson
Communicative Justice And Reconciliation In Canada, Alice Neeson
New England Journal of Public Policy
Communicative justice co-exists with other dimensions of justice and emphasizes the importance of fair communicative practices, particularly after periods of direct or structural violence. While intercultural dialogue is often assumed to be a positive, or even necessary, part of reconciliation processes, there are questions to be asked about the ethicality of dialogue when one voice has been silenced, misrepresented, and ignored for decades. This article draws on twelve months of ethnographic research with reconciliation activists and organizations in Canada and considers the potential for communicative flows to help compensate for structural inequalities during processes of reconciliation.
Self-Determination And Psychological Adaptation In Forcibly Displaced People, Numan Turan, Bediha İpekçi, Mehmet Yalçın Yılmaz
Self-Determination And Psychological Adaptation In Forcibly Displaced People, Numan Turan, Bediha İpekçi, Mehmet Yalçın Yılmaz
New England Journal of Public Policy
According to the UN Refugee Agency, as of 2018 approximately 70 million people were forcibly displaced because of intrastate and interstate conflicts. A majority of those people endured significant hardships, and a consensus is growing among researchers that forcibly displaced people have gone through potentially traumatic experiences that challenge their well-being and health. Consequently, a large amount of research focuses on their mental health concerns, whereas research focusing on their will to normalize their lives and grow after a traumatic migration is scarce. In this article, we highlight the efforts by forcibly displaced people to normalize their lives, pointing out …
Climate Change And Human Rights: Shaping The Narrative For Reflexive Responses From Civilization’S Leadership To Counter And Abate Climate Change And Enhance The Role Of Human Rights In The Rule Of Law, Michael Donlan
New England Journal of Public Policy
This article offers a bold new legal process for enhancing and upgrading the rule of law to enable civilization to cope with and counter the mounting damage and injustice caused by climate change. Climate change, once an unimaginable threat, is now a brutal, ubiquitous game changer that is leading inexorably to the demise of all humanity. Only by enhancing the rule of law and melding international law with domestic law can civilization fashion a coherent, global action plan for survival.
For almost three centuries greenhouse gases have been emitted around the world by the burning of fossil fuel, and—most alarming—these …
Prevention And Protection Interventions For Stateless Non-Refugee And Force Displaced Children, Tanya Herring
Prevention And Protection Interventions For Stateless Non-Refugee And Force Displaced Children, Tanya Herring
New England Journal of Public Policy
This article advances a general theory of law and justice that would expand the Palermo Trafficking and Smuggling Protocols to a wider application in human rights jurisprudence. The aim of the research reported here is to close the gaps in member-state policy and scholarship that addresses prevention measures and protection mechanisms for forcibly displaced children seeking self-determination in states that have not ratified the UN Convention on Refugees and the UN Conventions on Statelessness. The research is based on the premise that a stateless nonrefugee status constructs an extremely vulnerable state for children during forced migration and when they are …
The Right To Self-Determination: Philosophical And Legal Perspectives, Michael Freeman
The Right To Self-Determination: Philosophical And Legal Perspectives, Michael Freeman
New England Journal of Public Policy
Why do we need to rethink self-determination? In this article I argue that self-determination is a necessary feature of the human condition and a human right but that it is in part illusory and is potentially dangerous. We need to rethink self-determination because our collective thinking has been very confused, and bad thinking about self-determination costs many lives.
Finding Foreign Friends: National Self-Determination And Related Norms As Strategic Resources During The Biafran War For Independence, 1967–1970, Christopher Brucker
Finding Foreign Friends: National Self-Determination And Related Norms As Strategic Resources During The Biafran War For Independence, 1967–1970, Christopher Brucker
New England Journal of Public Policy
The study analyzes how the government of the Republic of Biafra used international norms to win foreign support during its 1967–1970 campaign to secede from Nigeria. Secession conflicts occur at the intersection of international and domestic politics. For independence movements, support from outside is crucial. But, as Bridget Coggins has asked, how can secession movements find “friends in high places”? International support for unilateral secession attempts is strictly prohibited. Domestic and international asymmetry are limiting secessionist foreign policy instruments to intangible means. Legitimacy is a central concept to illuminate the phenomenon. In international politics, legitimacy depends on the external perception …
Language, Indigenous Peoples, And The Right To Self-Determination, Noelle Higgins, Gerard Maguire
Language, Indigenous Peoples, And The Right To Self-Determination, Noelle Higgins, Gerard Maguire
New England Journal of Public Policy
Language has always played a significant role in the colonization of peoples as an instrument of subjugation and homogenization. It has been used to control nondominant groups, including Indigenous peoples, often leading to their exclusion or assimilation. Many Indigenous groups, however, use language as a tool to connect the members of their community, to assert their group identity, and to preserve their culture. Thus, language has been used both as a means of oppression and as a mobilizer of Indigenous groups in their struggles for national recognition. Recognizing the significance of language in the identity and culture of Indigenous peoples, …
Udhr: Our North Star For Global Social Justice Or An Imperial And Settler-Colonial Tool To Limit Our Conception Of Freedom?, Jeena Shah
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.
Climate Displaced Peoples: Utilizing Regional Approaches To Combat Climate-Induced Displacement In The 21st Century, Oshani Amaratunga
Climate Displaced Peoples: Utilizing Regional Approaches To Combat Climate-Induced Displacement In The 21st Century, Oshani Amaratunga
Pace Environmental Law Review
No abstract provided.
The Singapore Convention On Mediation: A Framework For The Cross-Border Recognition And Enforcement Of Mediated Settlements, Timothy Schnabel
The Singapore Convention On Mediation: A Framework For The Cross-Border Recognition And Enforcement Of Mediated Settlements, Timothy Schnabel
Pepperdine Dispute Resolution Law Journal
This article attempts to provide a definitive overview of the text, structure, history, and purpose of the Singapore Convention on Mediation (also known as the United Nations Convention on International Settlement Agreements Resulting from Mediation), a new multilateral treaty developed by the U.N. Commission on International Trade Law (UNCITRAL). The Convention, scheduled to open for signature in August 2019, provides a uniform, efficient framework for the recognition and enforcement of mediated settlement agreements that resolve international, commercial disputes — akin to the framework that the 1958 New York Convention provides for arbitral awards. Unlike the other primary international organizations that …
Businesspersons, Governments, And International Law, Halil Rahman Basaran
Businesspersons, Governments, And International Law, Halil Rahman Basaran
Louisiana Law Review
The article sets forth evidence to substantiate the dynamics and tensions among businessperson, governments and international law with particular focus on issues related to controlling the development of cryptocurrencies through taxation, regulation or even prohibition.
Can Bad Law Do Good? A Retrospective On Conflict Minerals Regulation, Karen E. Woody
Can Bad Law Do Good? A Retrospective On Conflict Minerals Regulation, Karen E. Woody
Maryland Law Review
Section 1502 of the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“Dodd-Frank”) created a novel approach to corporate social responsibility (“CSR”) in supply chains by requiring public companies to disclose the presence of conflict minerals in their products. Dodd-Frank, as a whole, has faced a barrage of criticism since its passage, and Section 1502 was not immune from intense critical backlash. As I argued in prior scholarship and congressional testimony, Section 1502 was ill-conceived in substance and form. Its application resulted in the improper use of securities laws to the detriment of its laudable public international law …
Presidential Factfinding, Shalev Roisman
Presidential Factfinding, Shalev Roisman
Vanderbilt Law Review
The modern President possesses enormous power. She can use military force abroad without congressional authorization, impose economic sanctions on foreign powers, or enter into trade agreements with foreign states. She can do all this on her own, with little constraint. Or so it seems. In reality, these important powers, along with numerous more mundane ones, are all contingent on the President first making certain factual determinations. For example, to use force abroad, the President must first determine that the use of force is in the "national interest," perhaps that it will preserve "regional stability" or protect American lives. To impose …
Developing The Principle Of Non-Recognition, Adam Saltzman J.D.
Developing The Principle Of Non-Recognition, Adam Saltzman J.D.
Ohio Northern University Law Review
In an attempt to ensure enforcement of law, international bodies have developed a practice of collective non-recognition in response to serious violations of international law. This Article seeks to bring some clarity to the practice of non-recognition. Through analysis of International Court of Justice cases and State practice, the Article demonstrates a legally binding, but not acknowledged shift in the law that governs non-recognition. Then, moving beyond strict legal analysis, the Article expresses policy concerns with the current legal status of the obligation and proposes how States should legally respond.
The Popular But Unlawful Armed Reprisal, Mary Ellen O'Connell
The Popular But Unlawful Armed Reprisal, Mary Ellen O'Connell
Ohio Northern University Law Review
No abstract provided.
Cost-Benefit Analysis And Human Rights, William J. Aceves
Cost-Benefit Analysis And Human Rights, William J. Aceves
St. John's Law Review
(Excerpt)
This Article considers whether cost-benefit analysis can provide the human rights movement with the answers it seeks. It offers an instrumentalist and empirical approach to complement the normative arguments that are most often used by the human rights movement. If human rights could be fully monetized, states could consider the full range of benefits that arise from protecting rights and the costs that occur when rights are violated. This approach could provide states with a more accurate methodology for making decisions that affect human rights. In fact, protecting human rights may prove to be costeffective, particularly when second order …
Human Rights Violations Consequent To Transshipment Practices In Fisheries, Chelsey F. Marto
Human Rights Violations Consequent To Transshipment Practices In Fisheries, Chelsey F. Marto
Ocean and Coastal Law Journal
Transshipment, the process of transferring catch from a small fishing vessel onto a larger fishing vessel far off shore, has been used to commit a variety of human rights abuses on the sea. Companies can get away with this because there is little to no oversight over the activities. Yet, there has been little to no incentive to change these practices, because companies are generally not penalized for these actions. The author proposes a variety of tactics be implemented in addressing these concerns. These include imposition of sanctions upon countries who allow for nefarious activities, increased video surveillance on board …
The Trump Administration's Approach To International Law And Courts: Are We Seeing A Turn For The Worse?, John B. Bellinger Iii
The Trump Administration's Approach To International Law And Courts: Are We Seeing A Turn For The Worse?, John B. Bellinger Iii
Case Western Reserve Journal of International Law
The article focuses on the approach of administration of the U.S. President Donald Trump to international courts and tribunals, to treaties and international agreements, and to international human rights.
International Multiple Derivative Actions, King F. Tsang
International Multiple Derivative Actions, King F. Tsang
Vanderbilt Journal of Transnational Law
This Article explores two choice of law issues in international multiple derivative actions: (1) the choice of substantive law that should govern multiple derivative actions and (2) the characterization of different aspects of the multiple derivative actions between substantive and procedural laws. After a comparison of choice of law approaches among various common law jurisdictions, the author advocates that the first choice of law issue--the substantive law to be applied to the action--should be governed by the law with the closest connections to the multiple derivative actions. This is the only practical choice given the complex nature of international multiple …
Climate Change Refugees In The Time Of Sinking Islands, Jane Steffens
Climate Change Refugees In The Time Of Sinking Islands, Jane Steffens
Vanderbilt Journal of Transnational Law
While environmental migration is not a new phenomenon, the international community has been slow to react to a wildly increasing number of people displaced by climate-related factors. With the current scenario of sinking islands, rapid urbanization, and drought, the international community seems to be on the precipice of a massive humanitarian catastrophe. Even so, lawmakers appear hesitant to fill in the gaps of existing international law, leaving an entire category of people vulnerable and unprotected against the effects of climate change. Private climate-governance initiatives can achieve large-scale, prompt, and efficient solutions to climate-induced migration. While private governance initiatives lack the …
Finding A Forest Through The Trees: Georgia-Pacific As Guidance For Arbitration Of International Compulsory Licensing Disputes, Karen Mckenzie
Finding A Forest Through The Trees: Georgia-Pacific As Guidance For Arbitration Of International Compulsory Licensing Disputes, Karen Mckenzie
Marquette Intellectual Property Law Review
This paper will examine the challenges of international compulsory licensing by examining the issue historically and legally as well as offer possible solutions. Thus, this paper will explore the challenge of balancing corporate interests against the affordability and availability of pharmaceuticals by focusing on discrete situations in developing countries, the history of compulsory licensing, and how the World Health Organization (the “WHO”) and the WTO have attempted to tackle these challenges through compulsory licensing, and it will suggest a possible framework for use in arbitration, which balances equities through a Georgia-Pacific analysis.
Can “Imfcoin” Be Scaruffi's Moneta Immaginaria?, Alexander M. Heideman
Can “Imfcoin” Be Scaruffi's Moneta Immaginaria?, Alexander M. Heideman
Marquette Intellectual Property Law Review
Cryptocurrencies have taken the world by storm. But these decentralized and unregulated digital fiat currencies have more in common with the currencies of ages past than many believe. These commonalities may result in the incorporation of new cryptocurrencies into older institutions. One such institution is the International Monetary Fund's Special Drawing Rights (SDRs), which has bene relegated to an afterthought in the international monetary system since the Nixon Shock in 1971. The Fund's Managing Director recently made comments that indicated that the Fund is exploring the incorporation of a cryptocurrency into the framework of the SDR, a change which China …
Financing Cr-Isis: The Efficacy Of Mutual Legal Assistance Treaties In The Context Of Money Laundering And Terror Finance, Michaelene K. Wright
Financing Cr-Isis: The Efficacy Of Mutual Legal Assistance Treaties In The Context Of Money Laundering And Terror Finance, Michaelene K. Wright
Vanderbilt Journal of Transnational Law
Technological development throughout the past fifty years has created a world in which information can be communicated across the globe in no time at all. International law enforcement tools like mutual legal assistance (MLA), on the other hand, have not changed with nearly the same pace. Unfortunately, criminal activity rarely stops at international borders, necessitating international cooperation for any sort of effective enforcement. As this Note will discuss, the problems attendant in the current mutual legal assistance scheme, such as extensive delay and incompatibility with electronic data, have led to global tension over extraterritorial action and conflict between regulatory bodies. …