Law Commons^™

Aeca And The United States War Crimes Connections In Yemen, Rachel Hage

Human Rights Brief

The conflict in Yemen wages on, and many states, including Saudi Arabia and the United States, have been complicit in human rights violations. The United States’ current and past administrations have continued to sell arms to Saudi Arabia despite multiple international organizations’ documenting the state’s human rights violations. This Article argues that, despite the lack of transparency regarding how much support the United States is lending to Saudi Arabia arms being used in Yemen, the United States may be held responsible for human rights violations in Yemen. The Arms Export Control Act (AECA) provides the U.S. President with the authority …

Striking Out: How The Mlb’S Baseball Academies Interfere With Children’S Human Rights In The Dominican Republic, Crystal Nieves Murphy

Human Rights Brief

Major League Baseball (MLB) has recently included a large number of foreign-born players in the league. Specifically, many of these players are from the Dominican Republic, with Dominican players making up more than ten percent of active players on MLB Team rosters across the league. This large number of Dominican baseball players in the MLB comes from a culture of scouting talent at a young age and the creation of baseball academies in Latin America as a whole. Currently, all thirty MLB teams have a baseball academy in the Dominican Republic where each team develops young teenagers talented at baseball.

How The Overturning Of Roe V. Wade Disproportionately Affects The Immigrant Asian American Population In The United States, Amy P. Lyons

Human Rights Brief

On June 24, 2022, the Supreme Court overturned the historic case Roe v. Wade, ending the right to abortion across the United States. The overturning of Roe v. Wade and the responsive state statutes that criminalize abortion are yet further barriers to health access for Asian Americans, especially those who experience domestic violence, and are a violation of the universal Right to Health.

Second Chance Pell Experiment: How The United States Is Starting To Recognize Education As A Right, Brittany Walker

Human Rights Brief

For decades, education as a right has been an issue between U.S. citizens and U.S. courts. U.S. courts maintain that education is not a right, as it was not explicitly stated in the U.S. Constitution. Since the U.S. Constitution is silent about education, U.S. courts have applied the 14th Amendment to defer educational matters, such as compulsory school requirements, to each state. Currently, education in the United States is generally a right until middle school. After middle school, the American government allows parents and students to determine whether additional education is necessary in their situation. This view causes disparities for …

One Of Many: The Power Of Publication In The Human Rights Regime, Amanda Lorenzo

Human Rights Brief

On September 19, 2011, the High Court of Tanzania found Ghati Mwita guilty of murder for a February 4, 2008 homicide, sentencing her to hang pursuant to Tanzania’s mandatory death sentence. The domestic Court of Appeal sitting at Mwanza dismissed Mwita’s appeal on March 11, 2013 and rejected her application for review on that decision on March 19, 2015. Mwita then brought the case to the African Court of Human Rights (the Court) alleging that the conviction and sentencing procedures violated her fundamental rights under the Banjul Charter (the Charter).

Impact Of Extreme Hindutva Ideology On Freedom Of Speech In India, Meher Shah

Human Rights Brief

In the last decade, India has seen a rise of extreme far-right nationalism often referred to as the “Hindutva movement.” While the movement existed even before India obtained its independence in 1947, it recently gained unprecedented popularity and support among Indian citizens and non-resident Indians. Among the factors responsible for the Hindutva movement’s current popularity is blatant support and affiliation from the ruling political party, the Bharatiya Janta Party (BJP). The BJP has been a leading endorser of the Hindutva ideology, bringing it back to the center stage of Indian politics.1 The rise and spread of the ideology and its …

The Failure Of The Italian Government To Honor The Human Rights Of Migrants, John Kerins

Human Rights Brief

Italian Prime Minister Giorgia Meloni’s Parliament, feckless in the harsh waters of European politics, looks to be breaking on the very beaches where Allied forces once landed almost 80 years ago. The small island of Lampedusa remains a pricking thorn in the Italian government’s side, further complicating the testy waters with migrants coming in from the Mediterranean. To solve this, the Italian government has begun to violate the human rights of migrants and workers alike. Giorgia Meloni’s government has called for an ‘EU Naval Blockade’ of the Mediterranean, prompting outcry from human rights groups who correctly see what the rest …

The Forgotten Sexual And Gender-Based Violence Of The Vietnam-American War: Is Justice Too Late For Vietnamese Victims And Survivors?, Madison P. Bingle

Human Rights Brief

“The past, far from disappearing or lying down and being quiet, has an embarrassing and persistent way of returning and haunting us unless it has in fact been dealt with adequately.” —Desmond Tutu

The Vietnam-American War ended nearly fifty years ago. However, the atrocities committed during the war have had a devasting impact on the lives of persons involved long after the conflicts’ end. A particularly marginalized group within survivors and victims of the Vietnam-American War is Vietnamese women who experienced sexual and gender-based violence. And given the specific tactics of warfare employed during this war, including the use of …

Principles On Effective Investigative Interviews: A New Instrument Of International Law, Juan E. Mendez, Matthew Ilsley

Human Rights Brief

International law absolutely prohibits torture and ill-treatment, yet such abuses remain prevalent and widespread. It most frequently occurs in the questioning of individuals by law enforcement, intelligence officials, and military personnel in the context of “fighting crime,” obtaining confessions, controlling detainees, and “counterterrorism.” The “Torture Memorandums,” exemplifying the deeply misguided practices used in the global fight against terror following the attacks of September 11, 2001, illuminated the pervasiveness of these practices.

China's Violation Of Refugee Rights: Repatriation Of North Korean Refugees, Ellery Saluck

Human Rights Brief

The concept of the North Korean defector is so pervasive that it tends to eclipse the legal reality: she is also a refugee. While the urgent economic prerogative for defecting has waned since the widespread North Korean famine of the 1990s, North Koreans continue to escape for various reasons, such as seeking a better standard of living, enjoying freedom of movement, and pursuing freedom of political and religious affiliation. The Democratic People’s Republic of Korea (DPRK) legislates serious, and even fatal, retribution for the crime of defecting. Yet, Chinese authorities refuse to acknowledge the refugee sur place status of the …

Violating The Protections Of International Law: Examining Methods To Combat The Practice Of Female, Angel R. Gardner

Human Rights Brief

In 2021, the women’s rights non-governmental organization (“NGO”), Equality Now, filed a lawsuit alongside other organizations1 challenging Mali’s failure to outlaw the practice of female genital mutilation (“FGM”). FGM involves the partial or total removal of the external female genitalia or other injury to female genital organs for non-medical purposes. The practice of FGM traces back to an ancient ritual, however, current research reveals that it causes serious health problems. The case brought by these NGOs has the potential to create binding precedent against the practice of FGM across all the African States.

Sustainable Development Goals, Between Politics And Soft Law: The Emergence Of “Political Normativity” In International Law, Ilias Bantekas, Katerina Akestoridi

Emory International Law Review

International lawyers tend to draw sharp distinctions between law and politics. Yet, despite the Sustainable Development Goals (SDGs) and its predecessors being a product of politics, the commitments undertaken therefrom suggest a new brand of politics where functionality overrides the search for normative characteristics. The political dimension of the SDGs overshadows its legal dimension because the implementation of the key stakeholders’ political commitments is crucial in achieving the SDGs’ stated aims. As international law and international relations are moving towards universal common interests and away from strict international normativity, the SDGs can best be described as a hybrid between soft …

Crossing The Abyss: A Comparative Analysis Of The Enforceability Of Preliminary Agreements, Marta Infantino, Larry A. Dimatteo, Jingen Wang, Eleni Zervogianni

Emory International Law Review

A major unresolved issue in international business transactions relates to the enforceability of preliminary agreements. Preliminary agreements cover a long list of instruments commonly used in most sectors of the economy. The common presumption is that these agreements are not enforceable. The correct answer is much more nuanced. For example, a preliminary agreement may be held to be unenforceable but at the same time be the basis for legal liability. There are strong differences between the civil and common laws on the issues of good faith negotiations and the enforceability of preliminary agreements, but there is also sustained uncertainty within …

The Rights Of Stateless Children Born From Cross-Border Reproductive Care, Carson Cook

Emory International Law Review

No abstract provided.

Lessons From United States Supreme Court Jurisprudence For Resolving Australian Interstate Groundwater Disputes, Jack Dewinter

Emory International Law Review

No abstract provided.

Smart Regulation: Lessons From The Artificial Intelligence Act, John Hillman

Emory International Law Review

The European Union (EU) has recently announced that it will consider a proposal to systematically regulate artificial intelligence (AI) systems. This regulation will add to the legacy of other data regulation acts adopted in the EU and move the EU closer to a comprehensive framework through which it can address rapidly evolving technologies like AI. The United States has yet to implement data regulation or AI regulation legislation at the federal level. This inaction by the United States could negatively impact global cooperation with the EU and China and innovation within the United States. The United States is currently the …

Women, International Human Rights Law, And The Right To Adequate Housing In Africa, John Mukum Mbaku

Emory International Law Review

In many African countries, the rights of women and girls to adequate housing are under threat and remain vulnerable to violation by state- and non-state actors. This is so even though these rights are guaranteed by international human rights instruments and national constitutions. Of particular note is the existence of customary laws that discriminate against women and frustrate their ability to realize the right to adequate housing. To enhance the ability of women to realize their right to adequate housing, each African State must domesticate the various international and regional human rights instruments that guarantee this right in order to …

Introduction To The International Law Commission's Work On Sea Level Rise In Relation To International Law, Bogdan Aurescu, Nilufer Oral

American University International Law Review

BOGDAN AURESCU:

Thank you so much for the presentation. Good morning, good afternoon, and good evening to everybody—in accordance with the respective time that you are speaking. I am very honored to be invited to this conference, and I am also very honored that I am sharing this presentation together with my good colleague and friend, Nilüfer Oral. We are both co-chairs of the Study Group on Sea-Level Rise in Relation to International Law of the International Law Commission, together with the other colleagues, some of them I think are attending this session online, Patrícia Galvão-Teles and Juan José Ruda …

Introduction: Digital Transformation Of Government: Towards A Digital Leviathan?, Alfred C. Aman

Indiana Journal of Global Legal Studies

A warm welcome to you all. It is a great pleasure to be able to participate in this exciting collaboration between Universidad Carlos III de Madrid (UC3M) and Indiana University—a conference that the Indiana Journal of Global Legal Studies is publishing in celebration of its thirtieth issue. This is a milestone for us, and we could not be happier to celebrate it in this way. Let me begin with a few words about the nature of this journal and its scholarly goals over the years.

On Facial Recognition, Regulation, And "Data Necropolitics", Antonio Pele, Caitlin Mulholland

Indiana Journal of Global Legal Studies

This paper argues for actual and legal regulation of artificial intelligence (AI) and facial recognition. These new technologies represent great opportunities to improve the welfare of societies. However, some of their uses can also enhance discrimination and, eventually, lead to violence. From a comparative approach (examining the European Union and Brazil), we address the current and future aspects of facial regulation, AI, and personal data. This paper shows that regulation is relevant to protect the rule of law, free markets, and individual freedoms. It also examines the looming risks unfolding from the unregulated uses of new technologies. Our concept of …

Artificial Intelligence In Government: Risks And Challenges Of Algorithmic Governance In The Administrative State, Jose Vida Fernandez

Indiana Journal of Global Legal Studies

This article analyzes the legal implications of using artificial intelligence in government and how it is challenging the foundations of the administrative state. It begins by demonstrating that a new model of government is emerging, based on information and intelligence (i-Gov). To understand the nature and scope of this new i-Gov model, this article will explain what artificial intelligence really is and analyze the applications that are currently being carried out in the US and the EU. Next, it will review the regulatory framework that is emerging that regulates government use of artificial intelligence in both the US and the …

Qatar V. Uae-- The Weight Of Words, Samantha H. Hughes

Loyola University Chicago International Law Review

In 2021, the International Court of Justice decided, in Qatar v. United Arab Emirates, that the term "national origin" does not include current nationality as used in the International Convention on the Elimination of all Forms of Racial Discrimination ("CERD"). While the Court's decision is supported by various legal arguments, the majority's approach seems to stray from practices regarding interpreting ambiguous terms, and is contradictory to some of its earlier opinions. This Note uses CERD, other International Court of Justice opinions, and the dissenting opinions to the Qatar v. United Arab Emirates decision to critically analyze the strength of …

Comparative Immigration Policies For Unaccompanied Minors: A Shared Challenge, Diana Ramirez

Loyola University Chicago International Law Review

Unaccompanied minors from the Northern-Triangle and Mexico have been arriving at the United States border in large numbers over the past decade as a result of forced migration movements. Although the arrival of unaccompanied minors is not a new phenomenon in the United States, recent administrations have responded in ways that have made the country's immigration system increasingly hostile towards them.

However, this issue is not exclusive to the United States. Unaccompanied minors traveling alone to Europe, Australia, South Africa, Canada, or the United States face similar dangers and are particularly vulnerable to abuse and trafficking. Regardless of jurisdiction, the …

Foreword: International Law And The New Cold War, Michael P. Scharf, Emma H. Peters

Case Western Reserve Journal of International Law

No abstract provided.

The War In Ukraine: A Case Study In Modern Atrocity Crimes Documentation, Dr. Paul R. Williams, Nicole Carle

Case Western Reserve Journal of International Law

No abstract provided.

The Role Of International Law In The Russia-Ukraine War, Michael Kelly

Case Western Reserve Journal of International Law

No abstract provided.

Legitimate Supra-National Adjudication In The New Era: The Requirement Of Comparative Benefit, Margaret M. Deguzman

Case Western Reserve Journal of International Law

No abstract provided.

International Law And The "New Cold War": An Opportunity For Reflection On International Law And The "Old" Cold War, Todd F. Buchwald

Case Western Reserve Journal of International Law

No abstract provided.

Prosecuting Atrocities Committed In Ukraine: A New Era For Universal Jurisdiction?, Yvonne M. Dutton

Case Western Reserve Journal of International Law

No abstract provided.

From 'United For Peace' To 'United For Justice?': Reflections On The Power Of The United Nations General Assembly To Create Criminal Tribunals Or Make Referrals To The Icc, Carsten Stahn

Case Western Reserve Journal of International Law

No abstract provided.