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Articles 61 - 74 of 74
Full-Text Articles in Law
The Right To Access Legal Information: Progress And Evolving Norms In A Digital Age, Heidi L. Frostestad
The Right To Access Legal Information: Progress And Evolving Norms In A Digital Age, Heidi L. Frostestad
College of Law Faculty Publications
The right to access information is a historically fundamental right according to international legal norms. During an era of increasingly complex innovation and burgeoning digital legal information, the tension between access and barriers to easily accessible legal information like encryption and privacy have changed the landscape of open access. This article addresses the traditional international law facilitation of open access to legal information and current legislative efforts for protection of these norms. It also offers a matrix of international and national initiatives as model regimes for this important right to access information and, especially, preserving open access to legal information.
Crisis, Rupture And Structural Change: Re-Imagining Global Learning And Engagement While Staying In Place During The Covid-19 Pandemic, Shruti Rana, Hamid R. Ekbia
Crisis, Rupture And Structural Change: Re-Imagining Global Learning And Engagement While Staying In Place During The Covid-19 Pandemic, Shruti Rana, Hamid R. Ekbia
FIU Law Review
The COVID-19 pandemic led to unprecedented closures of national borders and the withdrawal of much of the social and cultural activities of society into the walls of the home. For us, educators focused on global engagement and analyzing international law and society, the abrupt retreat into the shelter of domestic walls disrupted the very subjects we were studying—inside and outside the classroom. In the pandemic’s first wave, most study abroad and international experiential programs were cancelled indefinitely, and the programs that continued had to operate in an environment of social distancing and uncertainty. We were forced to scramble to accommodate …
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.
Russia, Ukraine, And The Future World Order, Ingrid W. Brunk, Monica Hakimi
Russia, Ukraine, And The Future World Order, Ingrid W. Brunk, Monica Hakimi
Vanderbilt Law School Faculty Publications
Russia's invasion of Ukraine, initiated on February 24, 2022, is among the most—if not the most—significant shocks to the global order since World War II. This piece assesses the stakes of the invasion for the core principles that lie at the heart of contemporary international law and the world order that it has helped to create. We argue, relying in part on the other contributions to the October 2022 agora on Ukraine in the American Journal of International Law, that however this war ends, it will reshape, in ways large and small, the world we all inhabit.
Delphi Study Of International Cybersecurity Norms, Kenneth J. Biskner
Delphi Study Of International Cybersecurity Norms, Kenneth J. Biskner
Walden Dissertations and Doctoral Studies
Unregulated state cyberattacks are an urgent threat to international peace and security because of the costs they impose and the devastating effects they can create. However, international norms governing state cyberattacks (international cybersecurity norms) have not yet emerged. The lack of meaningful consequences for state cyberattacks, and the high rewards derived from them, incentivize states to engage in this new form of hostile conduct (cyberconflict). The problem addressed in this modified Delphi study was the persistent struggle between authoritarian and democratic states over competing international cybersecurity norms that cause cyberconflict to remain unregulated. Kingdon’s multiple streams framework was used as …
International Child Law And The Settlement Of Ukraine-Russia And Other Conflicts, Diane Marie Amann
International Child Law And The Settlement Of Ukraine-Russia And Other Conflicts, Diane Marie Amann
Scholarly Works
The Ukraine-Russia conflict has wreaked disproportionate harms upon children. Hundreds reportedly were killed or wounded within the opening months of the conflict, thousands lost loved ones, and millions left their homes, their schools, and their communities. Yet public discussions of how to settle the conflict contain very little at all about children. This article seeks to change that dynamic. It builds on a relatively recent trend, one that situates human rights within the structure of peace negotiations, to push for particularized treatment of children’s experiences, needs, rights, and capacities in eventual negotiations. The article draws upon twenty-first century projects that …
Floors And Ceilings In International Copyright Treaties: Berne/Trips/Wct Minima And Maxima, Jane C. Ginsburg
Floors And Ceilings In International Copyright Treaties: Berne/Trips/Wct Minima And Maxima, Jane C. Ginsburg
Faculty Scholarship
This paper addresses “floors” – minimum substantive international protections, and “ceilings” – maximum substantive international protections, set out in the Berne Convention and subsequent multilateral copyright accords. While much scholarship has addressed Berne minima, the “maxima” have generally received less attention. This Comment first describes the general structure of the Berne Convention, TRIPS and WCT regarding these contours, and then analyzes their application to the recent “press publishers’ right” promulgated in the 2019 EU Digital Single Market Directive. Within the universe of multilateral copyright obligations, the Berne maxima (prohibition of protection for facts and news of the day), buttressed by …
Journeys Through Space And Time While Reading International Law And The Politics Of History, Found On A Palimpsest, Translated For You, The Reader, Harlan G. Cohen
Journeys Through Space And Time While Reading International Law And The Politics Of History, Found On A Palimpsest, Translated For You, The Reader, Harlan G. Cohen
Scholarly Works
I was invited to a symposium on Anne Orford’s book, International Law and the Politics of History. On my way there, my mind wandered, and I found myself lost in a forest of half-remembered stories and unfinished thoughts. Searching for a way out, this is what I discovered.
Disaggregating Slavery And The Slave Trade, Jocelyn Getgen Kestenbaum
Disaggregating Slavery And The Slave Trade, Jocelyn Getgen Kestenbaum
FIU Law Review
International law prohibits slavery and the slave trade as peremptory norms, customary international law prohibitions and crimes, humanitarian law prohibitions, and non-derogable human rights. Human rights bodies, however, focus on human trafficking, even when slavery and the slave trade—and not human trafficking—are enumerated within their mandates. International human rights law has conflated human trafficking with slavery and the slave trade. Consequently, human trafficking has subsumed the slave trade and, at times, slavery prohibitions, increasing perpetrator impunity for slavery and the slave trade abuses and denying full expressive justice to survivors. This Article disaggregates slavery from the slave trade and slavery …
Introduction To The Symposium On Feminist Approaches To International Law Thirty Years On: Still Alienating Oscar?, Catherine Powell, Adrien K. Wing
Introduction To The Symposium On Feminist Approaches To International Law Thirty Years On: Still Alienating Oscar?, Catherine Powell, Adrien K. Wing
Faculty Scholarship
No abstract provided.
Between A Rock And A Hard Place? Ict Companies, Armed Conflict, And International Law, Arturo J. Carrillo
Between A Rock And A Hard Place? Ict Companies, Armed Conflict, And International Law, Arturo J. Carrillo
GW Law Faculty Publications & Other Works
What is an ICT company to do when operating in the midst of international armed conflict like the one raging in Ukraine? How should tech company executives respond to urgent government demands – often conflicting -- to propagate or censor online content arising in the context of war, including disinformation? And what of their demands to access the personal data or communications of users, ostensibly to safeguard security but nonetheless presenting the potential for abuse? Governments make difficult demands of ICT companies by seeking to impose heavy restrictions on the free flow of information and data privacy via the latter’s …
White Silence And Violence: Positionality And Storytelling In Women’S Rights Movements, Inka Boehm
White Silence And Violence: Positionality And Storytelling In Women’S Rights Movements, Inka Boehm
Human Rights Brief
Our identity impacts everything about how we move through the world as individuals. In the legislative process, identity is often disregarded but has detrimental effects if ignored. Positionality describes how society shapes identities through power and privilege. This methodology requires researchers to analyze their world with their own privileges in mind and is often overlooked by policymakers.
Chocholáčv. Slovakia: Prisoners, Porn, & Morality In Human Rights, Amanda Lorenzo
Chocholáčv. Slovakia: Prisoners, Porn, & Morality In Human Rights, Amanda Lorenzo
Human Rights Brief
Chocholáč v. Slovakia asks whether Slovakia’s disciplinary actions against a prisoner in possession of concealed pornographic materials violated the European Convention of Human Rights (“the Convention”). Roman Chocholáč, a thirtythree-year-old currently serving a life sentence in Leopoldov prison was found possessing a “popular weekly magazine” with sexually-explicit pictures pasted inside. The State deemed the added material a threat to morality and prison staff confiscated it. On November 21, 2017, Chocholáč v. Slovakia was brought to the European Court of Human Rights (ECtHR), presenting legal questions under Slovakia’s Criminal Code and Execution of Prison Sentences Act, as well as Articles 8 …
Overcoming The Westphalian Notion Of "Absolute Sovereignty": The Venezuelan Case With The Inter-American Convention Of Human Rights, Gabriel Ortiz
Overcoming The Westphalian Notion Of "Absolute Sovereignty": The Venezuelan Case With The Inter-American Convention Of Human Rights, Gabriel Ortiz
Human Rights Brief
In 2012, Former Venezuelan President Hugo Chavez withdrew from the American Convention on Human Rights (ACHR or “the Convention”). He presented a letter issued by the Department of Foreign Affairs before the Secretary General of the Organization of American States (OAS). The denunciation became effective in 2013. Thereafter, no one could petition before the Inter-American Commission or the Inter-American Court (IACHR) to hold Venezuela accountable for human rights violations. Meanwhile, between 2014 and 2019, the government’s armed groups have killed more than 19,000 people.