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Articles 1 - 30 of 75
Full-Text Articles in Law
Exiting The Disaster, Evading The Responsibility? Wadi Al-Qamar -- The Moon Valley, Suzan Nada
Exiting The Disaster, Evading The Responsibility? Wadi Al-Qamar -- The Moon Valley, Suzan Nada
Perspectives
This essay explores a case that delivered no results for the complainants, where harm was not prevented, and where stakeholders who filed the complaint were not compensated. Investigated by the Compliance Advisor Ombudsman (CAO) of the International Finance Corporation (IFC), the Wadi al-Qamar case illustrates some of the limitations of accountability mechanisms in limiting the harms caused directly or indirectly by projects in which the International Financial Institutions (IFIs) invest.
Legal Risk And Accountability In Development Finance: Lessons From Jam V. International Finance Corporation, Michelle Harrison, Shannon Marcoux
Legal Risk And Accountability In Development Finance: Lessons From Jam V. International Finance Corporation, Michelle Harrison, Shannon Marcoux
Perspectives
In a landmark decision in 2019, the U.S. Supreme Court ruled in Jam v. International Finance Corporation that international organizations like the International Finance Corporation (IFC), the private lending arm of the World Bank Group, can be sued in U.S. courts, ending the “absolute immunity” from suit that they had long claimed. The Jam lawsuit arose out of IFC’s gross mishandling of the Tata Mundra coal-fired power plant project in Gujarat, India, which has destroyed the livelihoods, environment, and way of life of local communities living in its shadow. The lawsuit, and especially the clash between IFC’s sweeping assertions of …
World Bank's Roadmap And The Inspection Panel's Human Rights Responsibilities, Juan Pablo Bohoslavsky, C.P. Chandrasekhar
World Bank's Roadmap And The Inspection Panel's Human Rights Responsibilities, Juan Pablo Bohoslavsky, C.P. Chandrasekhar
Perspectives
The World Bank has been under pressure to devise a process for “evolving” its mission, operations, and resources, acknowledging that decades of engagement with low- and middle-income countries has resulted, paradoxically and contrary to its official mission, in a “crisis of development.” The Bank bluntly notes in the opening to its paper “Evolving the World Bank Group’s Mission, Operations, and Resources: A Roadmap,” issued in December 2022, “after decades of progress, growth and poverty reduction have stalled.” Indeed, this “crisis of development” threatens to unleash political instability around the world.
Future-Proofing U.S. Laws For War Crimes Investigations In The Digital Era, Rebecca Hamilton
Future-Proofing U.S. Laws For War Crimes Investigations In The Digital Era, Rebecca Hamilton
Articles in Law Reviews & Other Academic Journals
Advances in information technology have irrevocably changed the nature of war crimes investigations. The pursuit of accountability for the most serious crimes of concern to the international community now invariably requires access to digital evidence. The global reach of platforms like Facebook, YouTube, and Twitter means that much of that digital evidence is held by U.S. social media companies, and access to it is subject to the U.S. Stored Communications Act.
This is the first Article to look at the legal landscape facing international investigators seeking access to digital evidence regarding genocide, war crimes, crimes against humanity, and aggression. It …
Reforming World Bank Dispute Resolution: Icsid In Context, Susan Franck
Reforming World Bank Dispute Resolution: Icsid In Context, Susan Franck
Articles in Law Reviews & Other Academic Journals
During a tumultuous moment in history with shifts in power and politics, international dispute settlement stands at a crossroads. In theory, international dispute settlement should not institutionalize abuses of power, rely upon a monolithic one-size-fits-all model, or be a waste of resources, which will inevitably generate stakeholder dissatisfaction. Rather, dispute resolution should reflect both a commitment to the rule of law and equal treatment that sustains nuanced, fair, and just procedures most likely to provide results of substantive quality. Against this backdrop and with the major reforms concluded in July 2022, this article explores the reality of dispute resolution at …
Ukraine's Push To Prosecute Aggression: Implications For Immunity Ratione Personae And The Crime Of Aggression, Rebecca Hamilton
Ukraine's Push To Prosecute Aggression: Implications For Immunity Ratione Personae And The Crime Of Aggression, Rebecca Hamilton
Articles in Law Reviews & Other Academic Journals
Russia’s aggression against Ukraine dates back to its 2014 annexation of Ukraine’s southern peninsula, Crimea. It was Russia’s brazen full-scale invasion of Ukraine on February 24, 2022, however, that captured global attention and put the crime of aggression – the resort to war in violation of the UN Charter3 – in the spotlight.
Reflections On The Role Of The Panel, Charles Di Leva
Reflections On The Role Of The Panel, Charles Di Leva
Perspectives
Over the past thirty years, the World Bank and the Inspection Panel have had a supportive relationship regarding the principle of accountability, particularly as applied to the field of development finance operations and the role and responsibility of the Bank as a multilateral public sector financial institution. This relationship has been apparent in at least three key aspects: i) following the Bank’s lead, many development institutions around the globe have taken steps to improve their own accountability and developed independent accountability mechanisms (IAMs) modeled on the Inspection Panel; ii) the Bank and other development institutions have been supporting the development …
Can Mediation Provide Remedy For Human Rights Violations? A Quest For Justice Using A Development Bank Accountability Mechanism, Natalie Bugalski, David Pred
Can Mediation Provide Remedy For Human Rights Violations? A Quest For Justice Using A Development Bank Accountability Mechanism, Natalie Bugalski, David Pred
Perspectives
This essay describes what it takes—the enormous tenacity, solidarity, courage and skill required—for communities and their civil society partners to seek recourse through the dispute resolution processes of development bank accountability mechanisms. While these mechanisms can be the crucial centerpiece of an effective strategy, their critical shortcomings mean that community advocates must often engage in Olympian advocacy gymnastics to achieve even a small measure of redress. The essay makes recommendations for strengthening community-centered accountability in development finance, so that remediation and prevention of harm become the norm, and not the rare exception.
The Values-Based Trade Agenda, Fernanda Giorgia Nicola Dr., Michelle Egan
The Values-Based Trade Agenda, Fernanda Giorgia Nicola Dr., Michelle Egan
Articles in Law Reviews & Other Academic Journals
With the increasing trade tensions between the United States and China, pressures created by Brexit, and the COVID-19 pandemic, most trade scholars have focused on rising protectionism exhibited through defensive strategies such as tariffs and export controls. However, this focus ignores the fundamental shift in international trade goals of the United States and the European Union towards a values-based trade agenda.
Instead of merely focusing on free trade based on efficiency and market access, trade regulators on both sides of the Atlantic have independently pursued measures designed to address environmental sustainability and social equity. These policies resonate with their domestic …
Rethinking 'What Counts' As Accountability, Jonathan Fox
Rethinking 'What Counts' As Accountability, Jonathan Fox
Perspectives
The current accountability impasse suggests it may be time to rethink core concepts, as well as the field’s underlying theories of change. The idea of accountability is malleable, ambiguous — and contested. This fuzziness poses challenges for both theory and practice – how do we know what strategies bolster accountability – or whether accountability produces its expected effects? This think piece recognizes the challenge of defining ‘what counts’ as accountability, unpacks a longstanding theory of change - that sunshine is the best disinfectant - and considers some information-based reform initiatives to identify missing links in the causal chain between transparency …
Ending Violence In Development Finance Actions To Affirmatively Prevent And Stop Reprisals Against Rights Defenders, Gregory Berry
Ending Violence In Development Finance Actions To Affirmatively Prevent And Stop Reprisals Against Rights Defenders, Gregory Berry
Perspectives
This Essay makes a case for stronger enforcement and implementation of zero-tolerance policies on reprisals within Development Finance Institutions. It argues that for DFIs to inculcate any hopeful vision of a just and inclusive transition to a sustainable future, they must begin by affirmatively cutting at the roots of reprisals. The essay particularly emphasizes two essential changes. First, Independent Accountability and Audit Mechanisms must be empowered to protect the safety of defenders by self-initiating investigations where there are credible concerns of reprisals, and by accepting anonymously submitted complaints. Second, DFIs must evolve to grow teeth for enforcing measures against retaliatory …
The Inspection Panel And International Law, Daniel D. Bradlow
The Inspection Panel And International Law, Daniel D. Bradlow
Perspectives
This essay argues that the creation of the Inspection Panel (Panel) was an important international legal development. It was the first time that an international organization established a mechanism that enabled those communities and individuals who claimed they had been harmed by the decisions and actions of the international organization to hold the organization accountable. The creation of the Panel also promoted the role of non-state actors in making the soft international law that is applicable to the international financing of development projects. This essay will discuss each of these developments before drawing some conclusions about the Panel and international …
The Promise Of Collaborative Problem Solving In Enhancing Iam Effectiveness, Gina Barbieri
The Promise Of Collaborative Problem Solving In Enhancing Iam Effectiveness, Gina Barbieri
Perspectives
This essay analyses the effectiveness of collaborative problem-solving through mediation within accountability mechanisms, and considers ways in which western mediation principles should be enhanced to ensure fair outcomes given the power imbalance at play in development disputes. It also considers whether there is any scope to use problem solving principles to address questions of compliance, arguing for consideration of a hybrid approach to bolster tools available to IAMs, and so strengthen outcomes for communities.
Thirty Years Of Community-Centered Accountability In International Development Key Developments At The World Bank Inspection Panel, Dilek Barlas
Perspectives
Through the lens of important cases, this essay reflects on major developments that occurred at the Panel during the tenure of the author as the Executive Secretary of the World Bank Inspection Panel and shows how the Panel has evolved to improve accessibility, has influenced overall development policies, and has become a catalyst for institutional change. The essay observes that the Panel’s success has largely been due to its structural and operational independence, reporting as it does directly to the Bank’s Board of Executive Directors. However, there are challenges facing the Panel on certain issues, including most importantly its independence, …
Three Decades Of Seeking Elusive Remedies, Richard E. Bissell
Three Decades Of Seeking Elusive Remedies, Richard E. Bissell
Perspectives
Remedy is a topic to be approached with some trepidation in the area of accountability. Throughout three decades of proliferating International Accountability Mechanisms ( IAMs), remedy has been the issue least addressed by leadership. Most management and board members find it threatening, wherever a remedial action falls on the spectrum, from an apology for error to financial compensation. The pursuit of remedy builds on the demonstrated existence of harm, which is embarrassing at the least, and brings a focus on consequences and actionable steps for those people whose lives have been damaged as well as for environmental violations. This short …
Glass Half-Full Or Glass Half-Empty? Thirty Years Of Accountability At The Inspection Panel--The Impact Of Its Work And What The Data Tells Us, Ramanie Kunanayagam, Mark Goldsmith, Ibrahim James Pam, Serge Selwan, Richard Wyness, Ayako Kubodera, Camila Jorge Do Amarel, Rupes Dalai
Glass Half-Full Or Glass Half-Empty? Thirty Years Of Accountability At The Inspection Panel--The Impact Of Its Work And What The Data Tells Us, Ramanie Kunanayagam, Mark Goldsmith, Ibrahim James Pam, Serge Selwan, Richard Wyness, Ayako Kubodera, Camila Jorge Do Amarel, Rupes Dalai
Perspectives
“A stroke of a genius”, “a bold experiment in transparency and accountability that has worked to the benefit of all concerned”, “a precedent under international law”, and a “citizen-based accountability mechanism” are some of the ways in which close observers have described the World Bank Inspection Panel, which celebrated its thirtieth anniversary in 2023.
Brief Of Human Rights And Labor Rights Organizations And Experts As Amici Curiae In Support Of Petitioners, Janie A. Chuang
Brief Of Human Rights And Labor Rights Organizations And Experts As Amici Curiae In Support Of Petitioners, Janie A. Chuang
Amicus Briefs
Since Congress first enacted the Trafficking Victims Protection Act of 2000, it has expanded and strengthened it through successive reauthorizations. Congress has broadened the scope of the TVPRA in order to impose criminal and civil liability on individuals, corporations, and other legal persons who use, or knowingly benefit from ventures that use, forced labor, as well as those who aid and abet these practices. Through this legislation, Congress has bolstered efforts to hold traffickers accountable, opening the courthouse doors to victims of these egregious crimes.
The Ninth Circuit's decision below undermined the very statutory scheme Congress put in place to …
War Crimes: History, Basic Concepts, And Structures, Richard J. Wilson
War Crimes: History, Basic Concepts, And Structures, Richard J. Wilson
Articles in Law Reviews & Other Academic Journals
On May 24, 20022, the Washington Post carried front-page news that a court in Ukraine had sentenced a 21-year-old Russian soldier, Vadim Shishimarin, to life imprisonment for the war crime of premeditated murder of a civilian, 62-year-old Oleksandr Shelipov. The session was the first war crimes trial in Ukraine since Russia's invasion three months earlier.
Victim Participation And Social Impact: Contemporary Lessons Of The Eichmann Trial, Diane Orentlicher
Victim Participation And Social Impact: Contemporary Lessons Of The Eichmann Trial, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
Six decades after the trial of Adolf Eichmann, its legacy is still evolving. Some aspects of the case, deeply controversial at the time, have become settled precedent. In particular, innovative legal grounds for Israeli jurisdiction, widely faulted outside Israel as proceedings got underway, are now accepted precepts of international law. Thus a half century after the trial, a leading expert in international criminal law concluded that jurisdictional and substantive law pioneered in Israel have by and large "stood the test of time." In his view, "The impact of the Eichmann decisions on the development of international criminal law cannot be …
Memoria, Verdad Y Justicia: Situacion Y Perspectivas Etudes: Premiere Partie: Justice Transitionnelle Et Reconciliation, Juan Mendez
Articles in Law Reviews & Other Academic Journals
La evolucion de los principios de justicia transicional en el Derecho Internacional de los Derechos Humanos debe verse con un enfoque juridico que ponga de manifiesto la frondosa jurisprudencia que se ha poducido en respuesta a las trabas y obstAculos en diversos paises para la realizacibn de la justicia. Esto es especialmente cierto en America Latina, donde el sistenma interamericano de proteccion ha establecido con firmeza varias de estas obLigaciones internacionales del Estado. Pern no se trata de reglas aplicables solamente en el mbito interamericano, sino que se irproducen de diversas formas en otros sistemas regionales y tambidn en la …
Epidemics And International Law: The Need For International Regulation, Claudio Grossman
Epidemics And International Law: The Need For International Regulation, Claudio Grossman
Articles in Law Reviews & Other Academic Journals
This article presents comments by the author made to open the Miami Law Review conference on Epidemics1 and International Law. Its main purpose is to refer to the impact of COVID-19 on different norms and legal regimes, focusing mainly on the 2005 International Health Regulations (IHR), addressing areas of reform as well as the interactions of those norms with international human rights law. This will include the proposals of change for the 2005 IHR, designed to better protect vulnerable peoples in future global health crises. Some of the ideas presented in this contribution are included in a proposal that I …
Louis Henkin Memorial Lecture University Of Miami Law School, Juan Mendez
Louis Henkin Memorial Lecture University Of Miami Law School, Juan Mendez
Articles in Law Reviews & Other Academic Journals
I am deeply honored to be invited to deliver this year's version of a lecture series honoring Professor Louis Henkin whose contributions to the development of international law-and very specifically to international human rights law - are and very long will continue to be remembered. I am also a bit overwhelmed as I notice that the organizers have put me in the company of wonderful colleagues and masters of this field, several of them my friends and persons whose work I admire. It is also especially gratifying for me to have the occasion of renewing contact with the Henkin family …
Transnational Migrant Deterrence, Anita Sinha
Transnational Migrant Deterrence, Anita Sinha
Articles in Law Reviews & Other Academic Journals
The governance of global migration increasingly relies on what critical migration scholarship refers to as externalized control. Externalization encompasses limiting human mobility through the imposition of migration control measures by transit states, as well as by states that are geographically proximate to destination states. Destination states are at a minimum complicit in the creation and operation of these externalized migration control systems. To capture this phenomenon, this Article offers a reconceptualization of externalization as transnational migration deterrence. The objective ofthis nomenclature is to provide a framework that highlights the role of destination states, to build a lexicon of accountability for …
Academy On Human Rights And Humanitarian Law Articles On Human Rights And States Of Emergency: Unexpected Crisis And New Challenges: Prologue, Claudio Grossman, Robert K. Goldman
Academy On Human Rights And Humanitarian Law Articles On Human Rights And States Of Emergency: Unexpected Crisis And New Challenges: Prologue, Claudio Grossman, Robert K. Goldman
Articles in Law Reviews & Other Academic Journals
We are pleased to write this prologue for the special issue of the American UniversityInternationalLaw Review featuring the winning papers from the 2021 Human Rights Essay Award, sponsored by the Academy on Human Rights and Humanitarian Law of American University Washington College of Law.
Defending Democracy Through Law: The Establishment Of The Legal Service Of The European Parliment, Fernanda Giorgia Nicola Dr., Antonio Caiola
Defending Democracy Through Law: The Establishment Of The Legal Service Of The European Parliment, Fernanda Giorgia Nicola Dr., Antonio Caiola
Articles in Law Reviews & Other Academic Journals
Democracy, as well as the rule of law, is one of the founding values of the European Union. With the recent rise of some authoritarian governments in Europe, scholars have focused primarily on the efforts led by the European Commission and the European Court of Justice (“ECJ”) to curb democratic backsliding. While European institutions have struggled defending the rule of law inside the Union through lawsuits and economic sanctions against those governments, the history of integration shows how the European Parliament (“EP”) led the efforts to cure the democratic deficit existing in the European institutional system. Since the end of …
Platform-Enabled Crimes: Pluralizing Accountability When Social Media Companies Enable Perpetrators To Commit Atrocities, Rebecca Hamilton
Platform-Enabled Crimes: Pluralizing Accountability When Social Media Companies Enable Perpetrators To Commit Atrocities, Rebecca Hamilton
Articles in Law Reviews & Other Academic Journals
Online intermediaries are omnipresent. Each day across the globe, the corporations running these platforms execute policies and practices that serve their profit model, typically by sustaining user engagement. Sometimes, these seemingly banal business activities enable principal perpetrators to commit crimes. Online intermediaries, however, are almost never held to account for their complicity in the resulting harms. This Article introduces the concept of platformenabled crimes into the legal literature to highlight the ways in which the ordinary business activities of online intermediaries enable the commission of crime. It then focuses on a subset of platform-enabled crimes—those in which a social media …
Academy On Human Rights And Humanitarian Law Articles On Human Rights And States Of Emergency: Unexpected Crisis And New Challenges: Introduction, Claudia Martin, Diego Rodriguez-Pinzon
Academy On Human Rights And Humanitarian Law Articles On Human Rights And States Of Emergency: Unexpected Crisis And New Challenges: Introduction, Claudia Martin, Diego Rodriguez-Pinzon
Articles in Law Reviews & Other Academic Journals
We are delighted to present this year's special issue of the American UniversityInternationalLaw Review and the Academy on Human Rights and Humanitarian Law, which includes two of the best essays in English and in Spanish recognized in the 2021 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, regarding so many areas of the world. We hope these participants are able to use their articles as mechanisms for change.
Rule Of Law And Human Rights: Strengthening Democratic Institutions Academy On Human Rights And Humanitarian Law Articles On Rule Of Law And Human Rights: Strengthening Democratic Institutions: Introduction, Claudia Martin, Diego Rodriguez-Pinzon
Rule Of Law And Human Rights: Strengthening Democratic Institutions Academy On Human Rights And Humanitarian Law Articles On Rule Of Law And Human Rights: Strengthening Democratic Institutions: 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 two of the best essays in English and in Spanish recognized in the 2020 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 on so many areas of the world. We hope these participants are able to use their articles as mechanisms for change.
Covert Deception, Strategic Fraud, And The Rule Of Prohibited Intervention (Originally Published As Part Of The Hoover Institution’S Aegis Series), Gary Corn
Joint PIJIP/TLS Research Paper Series
No abstract provided.
Publicly Charged: A Critical Examination Of Immigrant Public Benefit Restrictions, Cori Alonso-Yoder
Publicly Charged: A Critical Examination Of Immigrant Public Benefit Restrictions, Cori Alonso-Yoder
Articles in Law Reviews & Other Academic Journals
Since the early days of the Trump Administration, reports of the President’s controversial and dramatic immigration policies have dominated the news. Yet, despite the intensity of this coverage, an immigration policy with far broader implications for millions of immigrants and their U.S.- citizen family members has dodged the same media glare. By expanding the definition of who constitutes a “public charge” under immigration law, the Administration has begun a process to restrict legal immigration and chill the use of welfare benefits around the country. The doctrine of public charge exclusion developed from colonial times and has reemerged in Trump Administration …