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Articles 331 - 360 of 4955
Full-Text Articles in Human Rights Law
Beyond Policy: Overcoming Challenges In Prosecuting Gender Persecution At The International Criminal Court, Yvonne M. Dutton, Milena Sterio
Beyond Policy: Overcoming Challenges In Prosecuting Gender Persecution At The International Criminal Court, Yvonne M. Dutton, Milena Sterio
FIU Law Review
No abstract provided.
The Legal Ramifications Of Israel’S Destruction Of Gaza’S Healthcare System, Serene Mistkawi
The Legal Ramifications Of Israel’S Destruction Of Gaza’S Healthcare System, Serene Mistkawi
Lewis & Clark Law Review
This Comment argues that Israel’s attacks on the medical infrastructure of Gaza are a violation of international law because hospitals are protected zones and medical personnel are civilians. To Israel’s response that Hamas is attack-ing from hospitals, thereby rendering them legitimate targets, this Comment presents a number of responses: (1) there is little to no evidence that Hamas is doing this; (2) even if Hamas is doing this, the military gains from attacking hospitals are outweighed by the civilian deaths; (3) even if Hamas is doing this and there is significant military gain from attacking hospitals, the interna-tional rules have …
But For Borders: The Protection Gap For Internally Displaced Persons, Anita Sinha
But For Borders: The Protection Gap For Internally Displaced Persons, Anita Sinha
Scholarly Articles in Law Reviews & Journals
Internal displacement, the phenomenon of people who are dislocated from their homes but remain within the border of their countries of origin, was once a forced migratory occurrence interchangeable with cross-border migration. This changed after the Second World War with the promulgation of the 1951 Convention Relating to the Status of Refugees, which was premised on an insistence on drawing a legal line in the sand based on which side of a border displacement transpires upon. Internally displaced persons (IDPs)-both in recent history and in the projected future-far outnumber people displaced across borders. Both rhetorical maneuverings and traditional international legal …
But For Borders: The Protection Gap For Internally Displaced Persons, Anita Sinha
But For Borders: The Protection Gap For Internally Displaced Persons, Anita Sinha
Scholarly Articles in Law Reviews & Journals
Internal displacement, encapsulating the phenomenon of people who are dislocated from their homes but remain within the border of their countries of origin, was once a forced migratory occurrence interchangeable with cross-border migration. This changed after the Second World War with the promulgation of the 1951 Convention Relating to the Status of Refugees, which was premised on an insistence of making a legal line in the sand based on which side of a border displacement ultimately transpires. Internally displaced persons (IDPs)—in recent history, presently, and in the projected future—far outpace the number of people displaced outside the border of their …
Data Injustice In Global Justice, Asaf Lubin, Cherry Tang
Data Injustice In Global Justice, Asaf Lubin, Cherry Tang
Articles by Maurer Faculty
In May 2020, the United Nations Secretary-General unveiled a sweeping “Data Strategy for Action by Everyone, Everywhere,” seeking to unlock the UN’s “full data potential.” The International Criminal Court’s Office of the Prosecutor followed suit, declaring in 2023 its intent to acquire advanced cyber forensic tools so as to hold the “widest range of digital evidence globally.” Across international institutions, data-driven governance has become the norm, with humanitarian agencies and tribunals transforming into “data hubs and information clearinghouses.” This Article critiques the unfettered datafication of global justice by international courts and organizations. These entities have aggressively expanded their data-driven operations …
Defining A Field And Building A Human Rights In Patient Care Community, Tamar Ezer
Defining A Field And Building A Human Rights In Patient Care Community, Tamar Ezer
Articles
No abstract provided.
Rethinking Human Rights Treaty Withdrawals: A Process-Based Approach, Laurence R. Helfer, Başak Çalı
Rethinking Human Rights Treaty Withdrawals: A Process-Based Approach, Laurence R. Helfer, Başak Çalı
Faculty Scholarship
This article presents the case for reconsidering the rules governing withdrawals from human rights treaties that permit unilateral exit. Once a rarity, such withdrawals have been on the rise across the globe. We propose a process-based approach to address this trend. The heart of our proposal focuses on sequenced domestic and international processes to publicise and scrutinise the nearly unfettered authority of executive branch officials to exit from such human rights treaties. This approach requires that national executives explain and justify a decision to withdraw, which can then be evaluated by a wide range of domestic and international actors. Drawing …
Reflections On The Launch Of The Inspection Panel And People-Centered Accountability, David B. Hunter
Reflections On The Launch Of The Inspection Panel And People-Centered Accountability, David B. Hunter
Perspectives
No abstract provided.
Preventing Chemical And Biological Attacks: Enhanced Threats Requiring Enhanced Solutions, Alex Elliot Ottoni-Belval
Preventing Chemical And Biological Attacks: Enhanced Threats Requiring Enhanced Solutions, Alex Elliot Ottoni-Belval
Graduate Theses/Dissertations
Chemical weapons (CW) and biological weapons (BW) are becoming more dangerous for experts to employ and more accessible to amateurs. Despite CW and BW attacks throughout history that killed and maimed millions of people, the international community has failed to establish meaningful consequences to prevent them. Agreements such as the Chemical Weapons Convention and the Biological Weapons Convention vow to eliminate and reduce the effects of CWs and BWs but lack respected response precedents and capabilities. The limited and inconsistent enforcement has inadvertently allowed CWs and BWs to become plausible weapons, especially to gain asymmetric advantages, while modern developments exasperate …
Human Rights Methodology For Clinical Instruction: Legal Theory And Interdisciplinary Practices To Realize Human Rights Outcomes, Diane Desierto
Human Rights Methodology For Clinical Instruction: Legal Theory And Interdisciplinary Practices To Realize Human Rights Outcomes, Diane Desierto
Journal Articles
The interdisciplinary fact-finding and analytical methodologies of global human rights law, when translated to experiential learning practices (e.g., in the form of human rights legal assessments that integrate international law with domestic law and inject rigorous plausibility evaluations of client claims applicable to global as well as domestic fora) can usefully enhance and expand United States law school clinical teaching practices and the transfer of practical lawyering skills. By teaching law students: (1) the wide range of available human rights factfinding and empirical tools; (2) the techniques for broad use and application of primary and secondary evidentiary sources; and (3) …
Mapping Human Rights Obligations In Investment Treaty Arbitration: Decoupling By Tribunals, Animesh Das
Mapping Human Rights Obligations In Investment Treaty Arbitration: Decoupling By Tribunals, Animesh Das
Indian Journal of International Economic Law
The progressive approach of investment arbitration tribunals in some recent cases represents a gradual development in reconciling human rights law and international investment law. This position finds support in recent scholarly literature, through analyses of cases such as Urbaser, Bear Creek Mining and David Aven. What if the reality is otherwise? For decades, investment arbitral tribunals have maintained a grey area governing the relationship between human rights law and international investment law. The institutional caution has resulted in the decoupling of these two normative orders. Consequently, investment treaty arbitrations face a legitimacy deficit in their ability to uphold human rights …
Rethinking The Application Of Formal And Informal Justice Responses To Conflict Related Sexual Violence In Uganda, Josephine Ndagire
Rethinking The Application Of Formal And Informal Justice Responses To Conflict Related Sexual Violence In Uganda, Josephine Ndagire
Genocide Studies and Prevention: An International Journal
Nearly sixteen (16) years since the "Agreement on Cessation of Hostilities Between the Government of the Republic of Uganda and Lord’s Resistance Army/Movement" (Juba Peace Agreement), accountability mechanisms envisaged therein have hardly provided meaningful redress, if at all, to victims of conflict-related sexual violence (CRSV). The peace negotiations took place shortly after the ICC issued arrest warrants for top commanders of the Lord’s Resistance Army (LRA) who insisted on being tried at home. In a bid to balance the demands of peace and justice, a local accountability mechanism was agreed. The mechanism would work parallel to traditional justice mechanisms in …
Assembling Pieces Of Accountability For The Srebrenica Genocide, Annick Pijnenburg, Nataša Nedeski
Assembling Pieces Of Accountability For The Srebrenica Genocide, Annick Pijnenburg, Nataša Nedeski
Genocide Studies and Prevention: An International Journal
The Srebrenica genocide has been the subject of multiple legal proceedings against various actors before different courts, at both the national and international level. Amongst others, the International Criminal Tribunal for the Former Yugoslavia has sentenced various individual perpetrators, the International Court of Justice has ruled on the responsibility of the Serbian state, and Dutch courts have been asked to rule on the liability of the Dutch state and the United Nations. This raises the following question: to what extent have multiple adjudicatory mechanisms across legal regimes managed to deliver accountability for the Srebrenica genocide and what are the remaining …
Global Human Rights Sanctions: How Can They Contribute To Addressing Mass Atrocities?, Yifan Jia
Global Human Rights Sanctions: How Can They Contribute To Addressing Mass Atrocities?, Yifan Jia
Genocide Studies and Prevention: An International Journal
Global Human Rights Sanctions (GHRS) have been used in over 30 countries as a mechanism for imposing unilateral human rights sanctions on individual perpetrators. Despite the hundreds of specific sanctions that have been imposed globally, there remains a lack of understanding about how these measures function on gross human rights violations. This article seeks to explore how GHRS, as an emerging human rights mechanism, contributes to addressing mass atrocities. I categorize the functions of GHRS into two phases: post-atrocity and pre-atrocity. In the post-atrocity phase, I identify three primary objectives asserted by sanctioning states: punishing perpetrators, promoting behavioral change, and …
Placing The Four Rounds Of Israeli Palestinian Negotiations In The Twenty-First Century In The Context Of Ir Theory, Notably Realism Theory, Michael J. Reimer Dr
Placing The Four Rounds Of Israeli Palestinian Negotiations In The Twenty-First Century In The Context Of Ir Theory, Notably Realism Theory, Michael J. Reimer Dr
Department of Political Science and Law Faculty Scholarship and Creative Works
On October 7, 2023, Hamas unleashed a vicious attack on Israeli civilians in the southern part of Israel. The plans for this attack were likely many years in the making. Nine hundred miles of tunnels crisscrossed Gaza with the terrorist infrastructure coinciding with the location of hospitals, school, Mosques and shelters above. On October 6, 2023, the history of the four rounds of Israeli Palestinian negotiations of the earlier part of the twenty-first century had been largely forgotten and completely ignored. The Likud coalition in Israel in 2023 - 2024 was in complete agreement with Hamas’ sponsor that no negotiations …
How Sovereign Wealth Investment May Fail To Enter The United States Sports Market: Investigating The Governance Restricting Sportswashing, Zachary J. Braverman
How Sovereign Wealth Investment May Fail To Enter The United States Sports Market: Investigating The Governance Restricting Sportswashing, Zachary J. Braverman
Brooklyn Journal of Corporate, Financial & Commercial Law
In recent years, the world of sports has been disrupted by foreign nations engaging in human rights violations, masking their wrongdoings through sport-related investments. This practice, referred to as “sportswashing,” has negative impacts on both the sports industry at large and the individual victims whose suffering is perpetuated. Currently, there is no direct legislation preventing foreign investors from taking over sports franchises in the United States. However, the Committee on Foreign Investment in the United States, the United Nations, and sports leagues’ private regulations, each provide means to resist sportswashing. This Note analyzes the problem of sportswashing, the existing framework …
Protecting Cultural Property From Climate Destruction: A Case Study Of Greece, Audrey Nadler
Protecting Cultural Property From Climate Destruction: A Case Study Of Greece, Audrey Nadler
Brooklyn Journal of International Law
Climate change poses an escalating threat to Greece’s cultural heritage, with ancient sites such as the Acropolis of Athens and the Palace of Knossos at risk from rising sea levels, wildfires, and pollution. Greece’s legal system includes protections for cultural property and aligns with international treaties, yet lacks sufficient integration between cultural heritage laws and environmental safeguards, leaving vital sites vulnerable. This Note contends that Greece must reinforce domestic law to bridge this gap and protect cultural assets from climate-induced harm. Addressing this deficiency through legal reforms and economic incentives could prevent irreversible damage to Greece’s cultural identity and fulfill …
Human Rights Forum Shopping In Transnational Sport Disputes, Ilias Bantekas
Human Rights Forum Shopping In Transnational Sport Disputes, Ilias Bantekas
Brooklyn Journal of International Law
Professional athletes must adhere to the dispute resolution mechanisms contained in their agreements with sport governing bodies (SGBs). These typically provide for SGB institutional arbitration with appeals against such awards to CAS, although in some instances direct recourse to CAS is also possible. These mechanisms do not cater for attendant human rights claims arising from the underlying dispute. This article suggests that a variety of sui generis forum shopping possibilities are available to address this deficit. Applicants may approach national courts with a sufficient jurisdictional link to the SGB in question by raising constitutional (and by extension human rights) and …
Outlier On Lgbtq Rights: Japanese Ban On Same-Sex Marriage And Its Contradiction In The Age Of Globalization, Yumi Higashi
Outlier On Lgbtq Rights: Japanese Ban On Same-Sex Marriage And Its Contradiction In The Age Of Globalization, Yumi Higashi
Brooklyn Journal of International Law
Japan is the only Group of Seven country yet to recognize same-sex marriage. Despite strong public support for marriage equality, the conservative dominance of the Japanese legislature and the Japanese courts’ deferential approach have stalled the change. This Note will analyze the legal issues and implications of Japan’s failure to recognize same-sex marriage and Japan’s worldwide inheritance tax regime, with an emphasis on cross-border succession and estate planning. Specifically, the Note argues that the United States, as the only country with which Japan has a treaty in estate, inheritance, and gift tax, should renegotiate the treaty as it could have …
Sliding Into Safety: Why Formal United Nations Or United States Sanctions Or Action Would Help Major League Baseball Curb Human Smuggling And Trafficking Issues, Maxwell Russ
Brooklyn Journal of International Law
Every year when the baseball season ends and the offseason begins, professional teams’ front offices go searching for the best available players. Often, incredibly talented baseball players can be found across the world and today, Major League Baseball (MLB) players come from across the globe. Yet, despite the global outreach of MLB, the process by which teams are allowed to search for, recruit, and sign foreign-born players remains largely unregulated by the league itself. For years, stories of players from foreign countries being subjected to shady and unethical practices have begun to surface. This dark side of baseball was even …
Dismantling The Dogma Of Dot: A Human Rights-Based Review Of Directly Observed Therapy For Tuberculosis, Brian Citro, Dr. Jennifer Furin, Rhea Lobo, Ingrid Schoeman, Timur Abdullaev, James Malar
Dismantling The Dogma Of Dot: A Human Rights-Based Review Of Directly Observed Therapy For Tuberculosis, Brian Citro, Dr. Jennifer Furin, Rhea Lobo, Ingrid Schoeman, Timur Abdullaev, James Malar
Northwestern Journal of Human Rights
The global tuberculosis (TB) response is at a crossroads. In recent years, new ideas, technologies, and political commitments have reinvigorated the fight against this age-old disease that kills more people each year than HIV and malaria combined. But with key indicators just beginning to recover after moving in the wrong direction during the COVID-19 pandemic, hard-earned gains are at stake. In this rejuvenated yet challenging context, we critically review an idea and practice at the heart of the TB response—directly observed therapy or DOT. First, we explore DOT’s controversial method and history as a component of the World Health Organization’s …
The Off-Grid Revolution And The "Promise" Of Energy Equality Under The Paris Climate Change Agreement, Ilias Bantekas
The Off-Grid Revolution And The "Promise" Of Energy Equality Under The Paris Climate Change Agreement, Ilias Bantekas
Northwestern Journal of Human Rights
A key thesis of this article is that since renewable energy is quintessentially a public good both in constitutional and macroeconomic terms, its availability without restrictions to all people is a true manifestation of economic self-determination, ultimately entailing what this author calls “energy equality.” Although this equality is dictated by the nature of renewable energy as a public good, it risks being eroded by the rush to implement the Paris Agreement. This is certainly one of the shortcomings of the Paris Agreement. With nation states eager to meet their targets and energy concessionaires given unprecedented financial and other incentives, we …
Violations Of Human Rights And Available Remedies Under International Law: The Case Of The United Arab Emirates (Uae), Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Cardozo International Law Society (Cils)
Violations Of Human Rights And Available Remedies Under International Law: The Case Of The United Arab Emirates (Uae), Cardozo Law Institute In Holocaust And Human Rights (Clihhr), Cardozo International Law Society (Cils)
2024–2025 Flyers
No abstract provided.
Empowering Ukraine’S First Legal Responders: Ukrainian-Us Collaboration And Clinics, Susan Felstiner, Davida Finger, Michelle Greenberg-Kobrin, Maria Tsypiashchuck
Empowering Ukraine’S First Legal Responders: Ukrainian-Us Collaboration And Clinics, Susan Felstiner, Davida Finger, Michelle Greenberg-Kobrin, Maria Tsypiashchuck
Articles
At the onset of the full-scale Russian war of aggression against Ukraine, U.S. law clinic professors worked alongside the leadership of the Association of Legal Clinics of Ukraine. The mutual objective was to support Ukrainian law professors and facilitate the continued legal education of their students, particularly the acquisition of skills typically taught in law clinics. Ultimately, the online partnership that developed focused on skills training and included seven Ukrainian law schools, faculty from over six U.S. law schools and one private law firm, and USAID Justice for All Activity in Ukraine. The overall goals of this collaboration were to …
Financial Footprint Of Human Trafficking, Cardozo International Law Society (Cils), Business Law Society, Barry Koch
Financial Footprint Of Human Trafficking, Cardozo International Law Society (Cils), Business Law Society, Barry Koch
2024–2025 Flyers
No abstract provided.
Ukraine/Russia And Israel/Palestine: What's Law Got To Do With It?, Cardozo Law Institute In Holocaust And Human Rights (Clihhr)
Ukraine/Russia And Israel/Palestine: What's Law Got To Do With It?, Cardozo Law Institute In Holocaust And Human Rights (Clihhr)
2024–2025 Flyers
No abstract provided.
The Use Of Geospatial Imagery In Myanmar For Mass Atrocity Prevention, Elisenda Calvet-Martínez
The Use Of Geospatial Imagery In Myanmar For Mass Atrocity Prevention, Elisenda Calvet-Martínez
Genocide Studies and Prevention: An International Journal
This paper aims to explore to what extent the usage of geospatial imagery can serve as a tool for atrocity prevention in a context of armed conflict and post-conflict. While most attention has been paid to the use of geospatial imagery to document mass atrocities for advocacy and accountability purposes, less attention has attracted the potential of this technology as a preventive tool. In the case of Myanmar, a special interest is on how to advance in the use of geospatial imagery to guarantee the safe return of the Rohingya refugees and how to prevent acts of genocide after the …
Conceptualizing Great Power Perpetrators, Federica D'Alessandra
Conceptualizing Great Power Perpetrators, Federica D'Alessandra
Genocide Studies and Prevention: An International Journal
For over a decade, shifting geopolitics, a changed global security environment, and countless failures of diplomacy have raised important questions on how to collectively grapple with a widely-perceived “crisis of multilateralism,” and reignited debate on the fitness of the UN Security Council to deliver on its mandate under these circumstances. Among other issues, ongoing polarization when not outright “gridlock” among the Permanent Members (P5) has fueled the Council’s apparent inability to respond to threats to civilian life and to countless mass atrocities around the world. Even worse, as this article argues, some P5 today possess both the willingness and unprecedented …
Child-Taking, Diane Marie Amann
Child-Taking, Diane Marie Amann
Scholarly Works
A ruling group at times takes certain children from their community and then tries to remake them in its image. It tries to rid the child of undesired differences, in ethnicity or nationality, religion or politics, race or ancestry, culture or class. There are too many examples: the colonialist residential schools that forced settler cultures on Indigenous children; the military juntas that kidnapped dissidents’ children; and today’s reports of abductions amid crises like that in Syria. Too often nothing is done and the children are lost. But that may be changing, as the International Criminal Court is seeking to arrest …
Nuclear Weapons And International Law: Existential Risks Ofnuclear War And Deterrence Through A Legal Lens, Kukin Program For Conflict Resolution, Cardozo Law Institute In Holocaust And Human Rights (Clihhr)
Nuclear Weapons And International Law: Existential Risks Ofnuclear War And Deterrence Through A Legal Lens, Kukin Program For Conflict Resolution, Cardozo Law Institute In Holocaust And Human Rights (Clihhr)
2024–2025 Flyers
No abstract provided.