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Articles 1 - 9 of 9
Full-Text Articles in Law
Margins Of Empire: The Sakhalin Koreans’ Long Saga Home, Timothy Webster
Margins Of Empire: The Sakhalin Koreans’ Long Saga Home, Timothy Webster
Faculty Scholarship
Migration carries with it many risks, from perilous journeys along risky corridors to hostile environments in one's adopted country. But what happens when migrants cannot return home? This Article examines the difficulties endured by Sakhalin Koreans, a group of ethnic Koreans who emigrated to Sakhalin Island during the Japanese colonial period and found themselves stranded in a foreign country (the Soviet Union) for the next half century. After recounting the migration of Koreans to Sakhalin, and analyzing lawsuits filed in Japan to repatriate them, it analyzes the infirmities of the international human rights system and the challenges of repatriating a …
Japan’S Transnational War Reparations Litigation: An Empirical Analysis, Timothy Webster
Japan’S Transnational War Reparations Litigation: An Empirical Analysis, Timothy Webster
Faculty Scholarship
Negotiating war reparations is traditionally the province of the political branches, yet in recent decades, domestic courts have presided over hundreds of compensation lawsuits stemming from World War II. In the West, governments responded to these lawsuits with elaborate compensation mechanisms. In East Asia, by contrast, civil litigation continues apace. This Article analyzes eighty-three lawsuits filed in Japan, the epicenter of Asia’s World War II reparations movement. While many scholars criticize the passivity of Japanese courts on war-related issues, this Article detects a meaningful role for Japanese courts in the reparations process: awarding compensation, verifying facts, and allocating legal liability. …
The Minds Behind The Movement: The Role Of Academics In East Asia’S War Reparations Litigation, Timothy Webster
The Minds Behind The Movement: The Role Of Academics In East Asia’S War Reparations Litigation, Timothy Webster
Faculty Scholarship
East Asia's war compensation litigation simultaneously unites diverse regional actors (lawyers, survivors, activists) and fray international relations (as recent verdicts from South Korea attest). However, one view of the merits of these lawsuits is that they have reconfigured transnational activism in East Asia, exhumed forgotten and suppressed histories of Japanese aggression, and on occasion compensated victims of World War II. This Article highlights the role of Chinese, Japanese, Korean, Taiwanese activists, lawyers and scholars in researching, filing, litigating and appealing over 80 lawsuits between 1972 and the present.
South Korea Shatters The Paradigm: Corporate Liability, Historical Accountability, And The Second World War, Timothy Webster
South Korea Shatters The Paradigm: Corporate Liability, Historical Accountability, And The Second World War, Timothy Webster
Faculty Scholarship
South Korea is currently revising its interpretation of Japanese colonialism, and the fallout from World War II more generally. In 2018, the Supreme Court of South Korea issued two opinions that staked new ground in this process of legal revision. First, by holding Japanese multinational enterprises legally liable for events that took place in the early 20th century, the verdicts fissure a wall of corporate impunity that courts in Japan, the United States and many Western jurisdictions have erected over the past three decades. Second, by situating the decisions within Korea’s own colonial past, the judgments advance a post-colonial jurisprudence …
The Long Tail Of World War Ii: Jus Post Bellum In Contemporary East Asia, Timothy Webster
The Long Tail Of World War Ii: Jus Post Bellum In Contemporary East Asia, Timothy Webster
Faculty Scholarship
The shadow of World War II still looms over East Asia. Unlike the West, issues of state accountability, corporate liability, and individual reparation roil the victims, governments, and civil society organizations. It stills form a critical, often controversial, backdrop for international relations among China, Japan, Korea, and other Asian nations. This chapter fills an important gap by focusing on jus post bellum outside of the West. The chapter examines the results, motivations, and achievements of civil litigation, namely approximately one hundred World War II reparations lawsuits filed in Japan. In so doing, it answers three related questions. Why does World …
Memorializing Dissent: Justice Pal In Tokyo, Mark A. Drumbl
Memorializing Dissent: Justice Pal In Tokyo, Mark A. Drumbl
Scholarly Articles
Memorials and monuments are envisioned as positive ways to honor victims of atrocity. Such displays are taken as intrinsically benign, respectful, and in accord with the arc of justice. Is this correlation axiomatic, however? Art, after all, may be a vehicle for multiple normativities, contested experiences, and variable veracities. Hence, in order to really speak about the relationships between the aesthetic and international criminal law, one must consider the full range of initiatives—whether pop-up ventures, alleyway graffiti, impromptu ceremonies, street art, and grassroots public histories—prompted by international criminal trials. Courts may be able to stage their own outreach, to be …
Remembering An Abolitionist, Ambassador John R. Miller (May 23, 1938-October 4, 2017), Eleanor Kennelly Gaetan, Donna M. Hughes
Remembering An Abolitionist, Ambassador John R. Miller (May 23, 1938-October 4, 2017), Eleanor Kennelly Gaetan, Donna M. Hughes
Dignity: A Journal of Analysis of Exploitation and Violence
A memorial for Ambassador-at-Large to Monitor and Combat Trafficking in Persons, John R. Miller (May 23, 1938-October 4, 2017). Ambassador Miller believed modern-day slavery, encompassing sex trafficking and forced labor, requires a principled global offensive that the United States is morally obligated to lead. In the four formative years he led the State Department’s Office to Monitor and Combat Trafficking in Persons, 2002 to 2006, John Miller set the office’s course as diplomatically aggressive and programmatically creative. He made the annual Trafficking in Persons report more than a bureaucratic submission, putting daring heroes at the center, and insisting on compelling …
Governing Disasters: The Challenge Of Global Disaster Law And Policy, Eric A. Feldman, Chelsea Fish
Governing Disasters: The Challenge Of Global Disaster Law And Policy, Eric A. Feldman, Chelsea Fish
All Faculty Scholarship
This chapter uses the analytical framework of transnational legal ordering (TLO) developed by Halliday and Shaffer and applies it to the area of law and disasters. In contrast to the increasingly transnational legal nature of social ordering highlighted by Halliday and Shaffer, it argues that the emergence of transnational regulatory networks and cross-border principles or policies in the area of disaster management has been uneven and incomplete. Although there are many factors that help to explain why the law/disasters area has resisted the trend toward “transnationalization,” two stand out. One is the relative dearth of national laws and policies governing …
Is There A "New" Law Of Intervention And Occupation?, Leslie C. Green
Is There A "New" Law Of Intervention And Occupation?, Leslie C. Green
International Law Studies
No abstract provided.