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Articles 1 - 6 of 6
Full-Text Articles in Law
‘Sexualized Slavery’ And Customary International Law, Patricia Viseur Sellers, Jocelyn Getgen Kestenbaum
‘Sexualized Slavery’ And Customary International Law, Patricia Viseur Sellers, Jocelyn Getgen Kestenbaum
Book Chapters
This chapter examines the doctrinal avenues for the recognition and prosecution of ‘sexualized slavery’. The Hissène Habré trial and appellate judgments represent watershed legal decisions rendering long-denied justice to victims of the brutal Chadian regime. Delayed charges of credible sexual violence inflicted upon both males and females challenged the judges of the Extraordinary African Chambers (EAC) in Senegal. Legal characterizations of sexual assaults ultimately attributed to Habré represent significant jurisprudential advancements on rape, sexual slavery, and torture as international crimes. The EAC's observations acknowledge that sexual slavery constitutes part of the actus reus of enslavement as crime against humanity and …
Globalists And The Corruption Of Sources, Amy Baker Benjamin
Globalists And The Corruption Of Sources, Amy Baker Benjamin
Georgia Journal of International & Comparative Law
No abstract provided.
Breaking The Silence: Why International Organizations Should Acknowledge Customary International Law Obligations To Provide Effective Remedies, Kristina Daugirdas, Sachi Schuricht
Breaking The Silence: Why International Organizations Should Acknowledge Customary International Law Obligations To Provide Effective Remedies, Kristina Daugirdas, Sachi Schuricht
Law & Economics Working Papers
To date, international organizations have remained largely silent about their obligations under customary international law. This chapter urges international organizations to change course, and to expressly acknowledge customary international law obligations to provide effective remedies. Notably, international organizations’ obligations to afford effective remedies need not precisely mirror States’ obligations to do so. Instead, international organizations may be governed by particular customary international law rules. By publicly acknowledging obligations to afford effective remedies, international organizations can influence the development of such particular rules. In addition, by acknowledging obligations to afford effective remedies — and by actually providing effective remedies — international …
A Future For Paris? Federalism, The Law Of Nations, And U.S. Courts, Jamison E. Colburn
A Future For Paris? Federalism, The Law Of Nations, And U.S. Courts, Jamison E. Colburn
Journal Articles
The 'We Are Still In' movement raised novel and urgent questions about the status of executive agreements, treaties, and customary international law in U.S. courts. As sub-national governments increasingly face difficult trade-offs between climate change mitigation and adaptation, American courts will confront challenges thereto likely grounded in various types of "dormant" preemption of state and local initiatives. This symposium essay argues that our courts must first situate sub-national actions on climate mitigation within a complex and evolving context of mitigation as a globally-scaled collective good that can only be provided if contributions thereto accumulate over time. They must also avoid …
Burning Down The House: Do Brazil’S Forest Management Policies Violate The No-Harm Rule Under The Cbd And Customary International Law?, Ruslan Klafehn
Burning Down The House: Do Brazil’S Forest Management Policies Violate The No-Harm Rule Under The Cbd And Customary International Law?, Ruslan Klafehn
American University International Law Review
No abstract provided.
The Issue Of Icc Jurisdiction Over Nationals Of Non-Consenting, Non-Party States To The Rome Statute: Refuting Professor Dapo Akande’S Arguments, Jay A. Sekulow, Robert W. Ash
The Issue Of Icc Jurisdiction Over Nationals Of Non-Consenting, Non-Party States To The Rome Statute: Refuting Professor Dapo Akande’S Arguments, Jay A. Sekulow, Robert W. Ash
South Carolina Journal of International Law and Business
The International Criminal Court (ICC) claims the right to extend its jurisdiction over nationals of non-consenting, non-party States to the Rome Statute. The United States, as a non-party State, argues that the Rome Statute violates customary international law by doing so. Professor Dapo Akande has written an article that defends the ICC practice. This article refutes the arguments made by Professor Akande.