Law Commons^™

Era Of Accelerating Digital Convergence: Security, Surveillance, Data, Privacy, Big Tech, And Politics, John Taschner

American University International Law Review

No abstract provided.

Going Off The Rails On The Mayan Train: How Amlo’S Development Project Is On A Fast Track To Multiple Violations Of Indigenous Rights, Jared Green

American University International Law Review

No abstract provided.

Prologue, Sherwet H. Witherington

American University International Law Review

No abstract provided.

Pandemics And International Law: The Need For Action [Turkey], Nilüfer Oral

American University International Law Review

INTRODUCTION

As someone who has actually survived two major earthquakes, what we are living through now with the pandemic is a level ten earthquake—devastating and upheaving our lives in so many different ways. As my colleague Patricia Galvao Teles noted, this level of pandemic is a collective experience that we have not seen since a century ago with the Spanish Flu. It has demonstrated to us, as happens in disasters in general, the structural deficiencies of our current system. My colleagues have outlined some of these deficiencies; I will reiterate some of those noted previously but frame this issue in …

Ensuring Access To Accurate Information And Combatting Misinformation, Diane Orentlicher

American University International Law Review

No abstract provided.

Rule Of Law And Human Rights: Strengthening Democratic Institutions, Claudia Martin, Diego Rodriguez-Pinzon

American University International Law Review

No abstract provided.

Disciplinary Privilege And The Promise Of Decampment: A Response To James Thou Gathii, Fleur Johns

American University International Law Review

No abstract provided.

The Promise Of International Law: A Third World View, James Thuo Gathii

American University International Law Review

No abstract provided.

Fracking The Bedrock Of Democracy: The United States Policing Of Protests Violates The Right Of Peaceful Assembly Under The Iccpr, Olivia Moulds

American University International Law Review

No abstract provided.

Pandemics And International Law: The Need To Strengthen International Legal Frameworks After The Covid-19 Global Heal Pandemic [Sierra Leone], Charles C. Jalloh

American University International Law Review

INTRODUCTION

I would like to begin by acknowledging the American University Washington College of Law and all its partners for organizing this timely symposium on “Pandemics and International Law: The Need for International Action.” 1 The theme of this symposium is rather broad and, as we have heard already, there is much that can be said about it from various international law perspectives. I will not attempt to do that. Instead, I wish to offer brief comments on one question given the time restrictions for my remarks and this panel. I will focus specifically on the topic I was assigned. …

Pandemics And The Disproportionate Impact On Vulnerable Groups, Macarena Saez

American University International Law Review

No abstract provided.

International Legal, Policy And Institutional Issues Raised By The Covid-19 [Portugal], Patrícia Galvão Teles

American University International Law Review

INTRODUCTION

Three basic sets of questions arise when we attempt to look back to what is now almost one year of probably the greatest pandemic in human history, and also when we look to the future to see what can be improved to fight epidemics and pandemics of this scale and nature. The first set of questions, for us as lawyers, are the legal issues that we are dealing with in regards to the existing legal framework, and how it is interpreted and applied in the event of a pandemic. The second set of questions are policy issues. Discussing the …

¿Protesta Social Antidemocrática? Hacia Nuevas Formas De Participación Ciudadana A Través Del Internet En El Marco De Las Recientes Movilizaciones En Colombia, Natalia Beltrán Orjuela

American University International Law Review

No abstract provided.

Selected Issues Related To The Interaction Of International Human Rights Conventions With A Proposed Treaty On Pandemics, Diego Rodríguez-Pinzón

American University International Law Review

No abstract provided.

The Tortured Woman: Defying The Gendered Conventions Of The Convention Against Torture, Linda Kelly

Human Rights Brief

No abstract provided.

Defining The Relationships: "Cause, Contribute, And Directly Linked To" In The Un Guiding Principles On Business And Human Rights, Tara Van Ho

Faculty Articles

According to the United Nations Guiding Principles on Business and Human Rights, businesses owe remediation when they "cause" or "contribute to" a human rights impact, but not when they are only "directly linked to" it. These terms determine when a victim is entitled to seek remediation from a business, but they have largely been ignored in existing scholarship. This article investigates the meaning of "cause, contribute, and directly linked to", revealing confusion and uncertainty before proposing a new system, built on existing authoritative guidance, for interpreting the terms and determining when businesses owe remediation for their human rights impacts.

Repeating History: Russia Inflicting Crimes Against Humanity Upon The Crimean Tartars, Katerina Dee

American University International Law Review

No abstract provided.

Pandemics And International Law: The Need For Action [Chile], Claudio Grossman

American University International Law Review

INTRODUCTION

Let me start by stating that international law has developed principles, norms, institutions that provide an important basis for addressing pandemics; and stressing important values in the international community, including cooperation among States and the vital role of international organizations—among others. First, I will make some introductory remarks on whether international law has norms, principles, and institutions relevant to the topic of pandemics. Then, I will propose a path forward.

Brain-Computer-Interfacing & Respondeat Superior: Algorithmic Decisions, Manipulation, And Accountability In Armed Conflict, Salahudin Ali

Catholic University Journal of Law and Technology

This article examines the impact that brain-computer-interfacing platforms will have on the international law of armed conflict’s respondeat superior legal regime. Major Ali argues that the connection between the human brain and this nascent technology’s underlying technology of artificial intelligence and machine learning will serve as a disruptor to the traditional mental prerequisites required to impart culpability and liability on commanders for actions of their troops. Anticipating that BCI will become increasingly ubiquitous, Major Ali’s article offers frameworks for solution to BCI’s disruptive potential to the internal law of armed conflict.

Innovative Thinking: Modernizing Outer Space Governance, Diane M. Janosek

Catholic University Journal of Law and Technology

Space security is essential to global safety and prosperity. International treaties should modernize and reflect the world’s innovation in space and governance needs. One must look back to 1967 for the inaugural “Outer Space Treaty,” the first and only binding multilateral agreement for peaceful space use and exploration. In 50 years, technologies and space capabilities have evolved; an updated global treaty and agreement should be developed and evaluated. Both China and Russia have demonstrated their capability to degrade and/or destroy adversaries’ satellites in space. Space wars are no longer a hypothetical. The future once discussed and anxiously anticipated after Sputnik …

Climate Lawyers As Movement Lawyers (And Vice Versa), Carmen G. Gonzalez

Faculty Publications & Other Works

In April 2020, the American Society of International Law (ASIL) launched an initiative to foster conversations within and beyond ASIL on the connections between climate change and virtually all other areas of international law. This essay for the ASIL Proceedings is based on a presentation delivered at the April 2021 ASIL Annual Meeting.

The essay examines the link between climate change and racial subordination from the dawn of the fossil fuel-based world economy to the present and the complicity of international law in these converging injustices. It discusses the counterhegemonic uses of international law by environmental justice movements in the …

The Promise Of International Law: A Third World View, James T. Gathii

Faculty Publications & Other Works

No abstract provided.

Studying Race In International Law Scholarship Using A Social Science Approach, James T. Gathii

Faculty Publications & Other Works

This Essay takes up Abebe, Chilton, and Ginsburg's invitation to use a social science approach to establish or ascertain some facts about international law scholarship in the United States. The specific research question that this Essay seeks to answer is to what extent scholarship has addressed international law's historical and continuing complicity in producing racial inequality and hierarchy, including slavery, as well as the subjugation and domination of the peoples of the First Nations. To answer this question, this Essay uses the content published in the American Journal of International Law (AJIL) from when it was first published in 1907 …

Meaningful Choice: A History Of Consent And Alternatives To The Consent Myth, Charlotte A. Tschider

Faculty Publications & Other Works

Although the first legal conceptions of commercial privacy were identified in Samuel Warren and Louis Brandeis’s foundational 1890 article, The Right to Privacy, conceptually, privacy has existed since as early as 1127 as a natural concern when navigating between personal and commercial spheres of life. As an extension of contract and tort law, two common relational legal models, U.S. privacy law emerged to buoy engagement in commercial enterprise, borrowing known legal conventions like consent and assent. Historically, however, international legal privacy frameworks involving consent ultimately diverged, with the European Union taking a more expansive view of legal justification for processing …

Culture Clash: The Sociology Of Wto Precedent, Harlan G. Cohen

Faculty Scholarship

Thanks to the United States, the WTO Appellate Body can no longer hear appeals. Having blocked all appointments to the body, the United States has left its bench empty, with no members to fulfill its role. Among the United States’ justifications: The Appellate Body’s adoption of an apparent doctrine of precedent.

This chapter takes a deeper look at the fight over precedent at the WTO, both as a case study in the emergence and operation of precedent within international law and as a microcosm of the cultural conflicts playing out within the WTO. The chapter develops an account of precedent …

Migrants Can Make International Law, Ama Francis

Sabin Center for Climate Change Law

Migrants have the power to make international law as norm creators. The nation-state enjoys a monopoly on violence in domestic jurisgenesis, but international law’s constraint on the use of force provides non-state actors the opportunity to participate in the formation of international legal doctrine without the threat of violence. Scholars have overlooked this nonstate jurisgenerative potential, bound by a state-centric conception of law. This Article applies the claim that non-state actors have the power to influence international law to the transnational issue of climate-induced migration. Climate change intensifies slow- and sudden-onset events, and sudden-onset disasters already displace millions annually. Yet …

2020 International Trade Decisions Of The Federal Circuit, Kevin J. Fandl

American University Law Review

The Court of Appeals for the Federal Circuit (“CAFC”) hears appeals from the U.S. District Courts as well as the U.S. Court of International Trade (“CIT”) about trade-related matters. The 2020 term of the CAFC with respect to appeals from the CIT included fewer precedential decisions and a move to telephonic hearings in light of Covid-19. The resulting decisions included, as usual, mostly antidumping appeals, but also a handful of classification and countervailing duty cases. In the following pages, this Article provides a selection of those decisions that may have a bearing on similar cases moving through the system. These …

Indigenous Peoples And Diplomacy On The World Stage, Kristen Carpenter, Alexey Tsykarev

Publications

No abstract provided.

A Prolegomenon To The Study Of Racial Ideology In The Era Of International Human Rights, Justin Deystone

Publications

There is no critical race approach to international law. There are Third World approaches, feminist approaches, economic approaches, and constitutional approaches, but notably absent in the catalogue is a distinct view of international law that takes its point of departure from the vantage of Critical Race Theory (CRT), or anything like it. Through a study of racial ideology in the history of international legal thought, this Article offers the beginnings of an explanation for how this lack of attention to race and racism came to be, and why it matters today.

Promoting Gender Equity And Foreign Policy Goals Through Ratifying The Convention On The Elimination Of All Forms Of Discrimination Against Women, Raj Telwala

Journal of Race, Gender, and Ethnicity

No abstract provided.