Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Human rights (2)
- Intellectual property (2)
- International law (2)
- ' 'Fair Trial (1)
- ' 'Judicial Impartiality' (1)
-
- ' 'Judicial Independence (1)
- ' 'Substitute Judges (1)
- 'Alternate Judges (1)
- Biotechnology (1)
- Charles Taylor (1)
- Collegiality (1)
- Copyright (1)
- Corporations (1)
- Family (1)
- Feminism (1)
- ICC (1)
- ICTR (1)
- ICTY (1)
- Immunity of Heads of State (1)
- India (1)
- Labor (1)
- Patent (1)
- President Charles Taylor (1)
- Seselj (1)
- Special Court for Sierra Leone (1)
- Surrogacy (1)
- Transnational law (1)
- Trial of Charles Taylor (1)
Articles 1 - 5 of 5
Full-Text Articles in Law
Alternate Judges As Sine Qua Nons For International Criminal Trials, Megan A. Fairlie
Alternate Judges As Sine Qua Nons For International Criminal Trials, Megan A. Fairlie
Faculty Publications
When one of the three judges hearing the case against Vojislav Šešelj at the International Tribunal for the former Yugoslavia (ICTY) was disqualified during the deliberations phase of the prosecution, many observers assumed that the multi-year trial would have to be re-heard. Instead, the ICTY opted to begin deliberations anew once a judge — who has not spent a single day participating in the proceedings — has familiarized himself with the trial record. This article demonstrates why the plan to proceed with a new judge is both procedurally illegitimate and markedly at odds with the ICTY’s statutory guarantee of a …
Corporate "Human Rights" To Intellectual Property Protection?, J. Janewa Oseitutu
Corporate "Human Rights" To Intellectual Property Protection?, J. Janewa Oseitutu
Faculty Publications
The global intellectual property system protects the interests of intellectual property owners, sometimes to the detriment of competing interests like public health or access to knowledge. Some scholars have proposed a human rights framework for intellectual property as a way to inject balance into the current system. However, the assertion that human rights will bring balance is often coupled with the assumption that corporations are, by definition, excluded from human rights-based intellectual property claims. Yet, corporations have used, and are likely to continue to use, human rights law to ground their intellectual property claims. Since multinational corporations were a major …
The Political Economy And Legal Regulation Of Transnational Commercial Surrogate, Cyra Akila Choudhury
The Political Economy And Legal Regulation Of Transnational Commercial Surrogate, Cyra Akila Choudhury
Faculty Publications
This Article breaks new ground by closely reading the emerging ethnographic accounts of surrogacy to establish that current feminist frames are incomplete. It incorporates the political economy of surrogacy, the economic relationship of surrogacy to the Indian state, and the political economy of surrogates’ families, which have all been missing from the current dialogue. The Article concludes that the benefits of surrogate labor outweigh its disadvantages and develops a new framework — of surrogacy as labor — that will, for the first time, protect the surrogate as worker.Surrogacy, as a fairly open regulatory field, provides feminists with a unique opportunity …
Agricultural Biotechnology: Drawing On International Law To Promote Progress, J. Janewa Oseitutu
Agricultural Biotechnology: Drawing On International Law To Promote Progress, J. Janewa Oseitutu
Faculty Publications
In Bowman v. Monsanto, the Supreme Court declined to apply the principle of exhaustion to limit the patentee’s ability to control the reproduction of self-replicating inventions. This decision was justified from a patent law perspective on the basis that patent holder has a right to prevent others from making the invention. But what happens when we take other perspectives into account? For instance, a farmer might have human rights or other rights that may need to be balanced against the patentee’s right. Since globalized intellectual property standards were established through international agreements and much of the resistance to intellectual property …
The Law And Politics Of The Charles Taylor Case, Charles Chernor Jalloh
The Law And Politics Of The Charles Taylor Case, Charles Chernor Jalloh
Faculty Publications
This article discusses a rare successful prosecution of a head of state by a modern international criminal court. The case involved former Liberian president Charles Taylor. Taylor, who was charged and tried by the United Nations-backed Special Court for Sierra Leone (“SCSL”), was convicted in April 2013 for planning and aiding and abetting war crimes, crimes against humanity, and other serious international humanitarian law violations. He was sentenced to 50 years imprisonment. The SCSL Appeals Chamber upheld the historic conviction and sentence in September 2013. Taylor is currently serving his sentence in Great Britain. This article, from an insider who …