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Sustainable Development Law & Policy

The Sustainable Development Law & Policy Brief (ISSN 1552-3721) is a student-run initiative at American University Washington College of Law that is published twice each academic year. The Brief embraces an interdisciplinary focus to provide a broad view of current legal, political, and social developments. It was founded to provide a forum for those interested in promoting sustainable economic development, conservation, environmental justice, and biodiversity throughout the world.

Because our publication focuses on reconciling the tensions found within our ecosystem, it spans a broad range of environmental issues such as sustainable development; trade; renewable energy; environmental justice; air, water, and …

Editor's Note, Juliette Jackson, Bailey Nickoloff

Sustainable Development Law & Policy

Dear Readers,

For more than two decades, the Sustainable Development Law and Policy Brief (SDLP) remains true to its mission of providing innovative solutions to some of the most important legal issues related to environmental law, energy law, and natural resources law. We are honored to be the Editors-in-Chief during these unprecedented times in our history, as we witnessed a historical presidential election and now enter the third year of the COVID-19 global pandemic. Despite these unparalleled times, the SDLP staff brought our readership another great issue.

In this issue, our authors provide an in-depth analysis into current regulations and …

Recognition And Enforcement Of Foreign Interim Measures (Scientific And Theoretical Aspect), Mansurov Artem

ProAcademy

It is known that in the past few years, the Uzbek offense has been actively reforming the economic procedural and arbitration procedural criminal prosecution in search of new effective economic and judicial remedies. In the applied aspect of civil and economic/economic procedural law, interest in the difficulties and suppression of local offenses. At the same time, from the study of the recognition and enforcement of foreign interim measures as a means of protection and its study in the countries of the Romano-Germanic distribution system in Uzbekistan, it has a large number of problems of a practical, one might say, and …

Comparative-Legal Analysis Of Legislation On Appeals Of Individuals And Legal Entities In Prosecution Bodies Of Foreign Countries, Zokirov Sherzod Ilxom O’G’Li

ProAcademy

The article analyzes the legislation on appeals of individuals and legal entities of advanced developed countries and member states of the Commonwealth of Independent States. In the comparative legal analysis of the legislation of these countries, the place of the prosecutor’s offices in them in the state register is emphasized by dividing them into groups with special attention. This article presents a scientific, theoretical and practical study of the implementation of national legislation on the appeals of individuals and legal entities of the Republic of Uzbekistan on the positive aspects contained in their normative legal acts, in the presentation of …

Statement Of The District Task Force On Jails And Justice Before The Committee On The Judiciary And Public Safety Of The Council Of The District Of Columbia, Katherine S. Broderick

D.C. Council Testimony

Statement of the District Task Force on Jails and Justice Before the Committee on the Judiciary and Public Safety of the Council of the District of Columbia. Performance Oversight Hearing for the D.C. Department of Corrections. Katherine S, Broderick. March 2, 2022.

‘They Did Not Have To Burn My Sister Alive’: Causes And Distribution By State Of Dowry Murder In India, Peter Mayer

Dignity: A Journal of Analysis of Exploitation and Violence

Dowry, the money, goods, property, or gifts given by the bride’s family to the groom or his family at the time of marriage, is a common custom in South Asia. Although it is illegal to demand—or offer—a dowry in India, it is a nearly universal custom in many parts of the country. If, after marriage, a husband’s family feels that the wife’s dowry was insufficient, they may harass or inflict other forms of domestic violence on her to put pressure on her family to provide an additional dowry. At its most extreme, this violence may lead to the murder of …

Queer And Convincing: Reviewing Freedom Of Religion And Lgbtq+ Protections Post-Fulton V. City Of Philadelphia, Arianna Nord

Washington Law Review

Recent increases in LGBTQ+ anti-discrimination laws have generated new conversations in the free exercise of religion debate. While federal courts have been wrestling with claims brought under the Free Exercise Clause of the First Amendment since the nineteenth century, city and state efforts to codify legal protections for LGBTQ+ individuals in the mid-twentieth century birthed novel challenges. Private individuals who do not condone intimate same-sex relationships and/or gender non-conforming behavior, on religious grounds seek greater legal protection for the ability to refuse to offer goods and services to LGBTQ+ persons. Federal and state courts must determine how to resolve these …

Business, Human Rights, & The Triple Planetary Crisis: Confronting Overconsumption, Sara Seck

Articles, Book Chapters, & Popular Press

According to the United Nations, the world is facing a triple planetary crisis of climate change, nature (biodiversity) loss, and pollution and waste, with the most egregious consequences felt by those least responsible. These crises are also intertwined: nature-based solutions are promoted as climate change solutions even as heat domes fuel forest fires; extraction of minerals for green energy solutions negatively impacts biodiversity and creates pollution and waste; and carbon major companies are also among the largest producers of plastic pollution. International human rights law is increasingly grappling with environmental rights and responsibilities, as evidenced by the work of special …

Sb 33: Civil Cause Of Action Against Human Traffickers, Abigail Coker, Anaid Reyes-Kipp

Georgia State University Law Review

The Act creates a new civil cause of action against human traffickers. It allows both victims and the Attorney General to sue traffickers and those benefitting financially from human trafficking for damages and reasonable attorney’s fees. The plaintiffs can file their lawsuit within ten years after the cause of action arose or, if the victim was a minor at the time of the violation, within ten years after the victim turned eighteen-years-old.

The Global Practice Of Systematic Enforced Disappearances Of Children In International Law: Strategies For Preventing Future Occurrences And Solving Past Cases, Jeremy J. Sarkin, Elisenda Calvet Martinez

Catholic University Law Review

The aim of this article is to first investigate and understand the widespread and systematic practice of enforced disappearances against children around the world, with a key purpose being to show that it is a regular occurrence. The article reviews the systematic disappearances of children in their historical context, beginning from the Second World War. A variety of country examples –some historical and some contemporary –are discussed to indicate the widespread nature of the practice. The variety of cases is used to understand why states participate in such practices and why children specifically are targeted as victims of enforced disappearances. …

Columbia Law School Holds Sixth Annual Human Rights Student Paper Symposium, Human Rights Institute

Human Rights Institute

Agenda for the Sixth Annual Human Rights Student Paper Symposium.

Legal Primer: Respecting The Human Rights Of Communities In Wind And Solar Project Deployment, Sarah Dolton-Zborowski, Sam Szoke-Burke

Columbia Center on Sustainable Investment Staff Publications

As a companion to the Business Guide, the Legal Risk Primer is geared towards general counsels and corporate legal teams, as well as internal and external stakeholders. It provides an overview of the wide range of potential legal risks for wind and solar energy companies associated with community-related adverse human rights impacts. The legal risks outlined arise from home and host government laws, community litigators, financiers, and power purchase agreements.

Together, these two resources support wind and solar energy companies – as well as external stakeholders seeking to influence companies, including investors, civil society organizations, and project-affected communities – …

Business Guide: Respecting The Human Rights Of Communities In Wind And Solar Project Deployment, Sarah Dolton-Zborowski, Sam Szoke-Burke

Columbia Center on Sustainable Investment Staff Publications

Companies involved in commercial wind and solar projects are facing heightened scrutiny of their human rights performance. This Business Guide provides companies with information and strategies to identify, prevent, mitigate, and account for adverse human rights impacts that they cause, contribute to, or are directly linked to through their operations, products, or services by virtue of their business relationships. It may also be useful for investors, business partners, government actors, civil society organizations, communities, and other stakeholders.

Drawing on the UN Guiding Principles for Business and Human Rights, the Guide provides practical recommendations, with over 40 examples from peer companies …

Ccsi’S Consolidated Feedback On The Wba Draft Nature Benchmark Methodology, Columbia Center On Sustainable Investment

Columbia Center on Sustainable Investment Staff Publications

Private sector actors are paying more attention to their negative impacts on climate, nature, and biodiversity. CCSI engages with private sector initiatives, frameworks, and benchmarks in this area to ensure the core corporate responsibility to respect human rights is prioritized and addressed.

As part of this work, in March and April 2022, CCSI submitted comments to and engaged with the World Benchmarking Alliance on their Draft Methodology for their Nature and Biodiversity Benchmark. The World Benchmarking Alliance is a leading multi-stakeholder organization which creates benchmarks to publicly assess and rank the world's most influential companies on their contributions to …

Trafficking Without Borders: Why It Is Time For The Law To Properly Address Cybersex Trafficking In The Livestreaming Context, Jesse Raines

Catholic University Law Review

This Comment assesses the impact, and growing prevalence, of cybersex trafficking: A relatively novel form of human trafficking conducted via livestream over the internet. In particular, this Comment focuses on the differences between the statutes that criminalize sex trafficking and child pornography and how these statutes operate both domestically and internationally. This Comment argues that the Trafficking Victims Protection Act of 2000 should be amended in order for the modern crime of cybersex trafficking to fall under the statute’s ambit and to aid in prosecution efforts.

Neuroscience, Criminal Sentencing, And Human Rights, Elizabeth Shaw

William & Mary Law Review

This Article discusses ways in which neuroscience should inform criminal sentencing in the future. Specifically, it compares the ethical permissibility of traditional forms of punishment, such as incarceration, on the one hand, and rehabilitative “neurointerventions” on the other. Rehabilitative neurointerventions are interventions that aim directly to modify brain activity in order to reduce reoffending. Various jurisdictions are already using techniques that could be classed as neurointerventions, and research suggests that, potentially, an even wider range of rehabilitative neurointerventions may be developed. This Article examines the role of human rights (in particular, the moral right to mental integrity and the legal …

Criminal Justice Is Local: Why States Disregard Universal Jurisdiction For Human Rights Abuses, Jeremy A. Rabkin, Craig S. Lerner

Vanderbilt Journal of Transnational Law

A German court recently convicted a minor Syrian official of abuses committed in Syria's civil war. The case was announced with fanfare but has since stirred no interest. Nor should this be surprising. The world has been here before. There was intense excitement in 1998, when British authorities arrested Augusto Pinochet, the former president of Chile, for human rights abuses committed in Chile. It was taken at the time as vindicating the doctrine that the worst human rights abuses fall under "universal jurisdiction," allowing any state to prosecute, even for crimes against foreign nationals on foreign territory. As generally acknowledged …

International Treaty As A Basis For The Recognition And Enforcement Of Foreign Interim Measures, Mansurov Artem

ProAcademy

The article examines in detail an international treaty as a basis for the recognition and enforcement of foreign interim measures, in addition, the author came to the conclusion that the Economic Procedural Legislation of Uzbekistan in chapter 33 of the EPC RU regulates proceedings in cases of recognition and enforcement of decisions of foreign courts and arbitrations, however, such foreign judicial acts as interim measures in any form are not regulated. In addition, the recently adopted legislation on international commercial arbitration - LRU 674 of February 16, 2021, despite the fact that its norms contain the regulation of interim measures …

An Ngo Input For The Special Rapporteur For The Human Rights Of Migrants To The Office Of The United Nations High Commissioner For Human Rights Report On Human Rights Violations At International Borders: Trends, Prevention, And Accountability, Katherine Kaufka Walts, Sarah J. Diaz, Abigail Mitchell

Center for the Human Rights of Children

The Center for the Human Rights of Children, in collaboration with Kids in Need of Defense (KIND) and the Young Center for Immigrant Children’s Rights (“Young Center”) submits this input in response to the call for submissions made by the Special Rapporteur on the Human Rights of Migrants to inform the forthcoming report to the 50th session of the Human Rights Council regarding the United States’ current border management policies that aim to prevent migration atthe southern border. This input will focus on United States’ push back methods, namely the recently reimplemented Migrant Protection Protocols (MPP) otherwise known as “Remain …

Cruel And Unusual Punishment: The Eighth Amendment And Ice Detainees In The Covid-19 Crisis, Nechelle Nicholas

Pace Law Review

No abstract provided.

Legislation Of The Republic Of Uzbekistan In The Field Of Anti-Corruption Expertise Of Draft Regulatory Legal Acts, Kenjaev Timur Isomovich

ProAcademy

This article provides the legal basis for conducting anti-corruption expertise of draft regulatory legal acts, considers the fundamental acts providing for the development of this institution, and also puts forward proposals for its improvement. Summing up, it is proposed to touch upon the document defining the procedure for conducting anti-corruption expertise of regulatory legal acts and their drafts - the Regulation on the procedure for conducting anti-corruption expertise of regulatory legal acts and their projects. It should be noted that this document was significantly transformed in 2021 by adopting it in a new edition. The author proposes to note that …

Civil Society And Regional Human Rights Development In Asia: Lessons From The Asian Human Rights Court Simulation, Mark L. Shope, Wen-Chen Chang

Indiana Journal of Global Legal Studies

In 2019, the historic first hearing of the Asian Human Rights Court Simulation (AHRCS and its "Court') took place in Taipei, Taiwan. The Court heard the case of Chiou Ho-shun v. ROC (Taiwan). The judges of the AHRCS consisted of experts in international human rights law; and observers from the media, scholars, government officials, and national and international human rights defenders were in attendance. Along with the hearings, the event included workshops on international human rights topics and a civil society dialogue. This article discusses issues surrounding the development, ecosystem, and future of the Court. The article first discusses the …

Access To Medicine In Developing Countries: Elevating State Obligations Over Corporate Profit, Hakeem O. Yusuf, Kamil Omoteso

Indiana Journal of Global Legal Studies

This paper investigates the divergence between the objectives of the state in ensuring citizens' right to health and the profit-maximization objective of pharmaceutical corporations in relation to, access to, and supply of medicine. This divergence is pertinent given both the rising cost of medicines and unmet needs, particularly in developing countries. This paper analyses the correlation between pharmaceutical corporations' profit drive and the state's welfare obligation. There is a need to bridge the gap between business and human rights, which can be achieved by combining the concepts of "business ethical responsibility" and corporations' contributions to "common good" with the jurisprudence …

Social And Legal Need For Using Ict In Combating Corruption, Mavlonov Akmalkhoja Yusupovich

ProAcademy

The article examines the social and legal necessity of using information and communication technologies in the fight against corruption, its relevance, current trends, problems in our national legislation and ways to solve them. A review of the theoretical foundations and practice of using information and communication technologies in combating corruption is made. The results of studying the influence of information and communication technologies on the level of corruption in the countries are presented. It is shown that countries with high "anti-corruption" ratings also occupy high places in international ratings for the implementation of information and communication technologies with a level …

Some Aspects Of Prosecutor’ S Activity In Uzbekistan: Scientific Approaches And Functioning Mechanisms, Parikova Gulchekhrabonu

ProAcademy

Article consists of two parts: first, expression of different concepts of prosecutor’ s supervision with analysis, and functioning of prosecution office in Uzbekistan implementing supervision over execution of laws in the territory of the State as one of the main directions of the prosecution office; second, participation in court proceedings.

In the first part conceptual provisions given by legal scholars and the role of prosecutor’ s supervision, as well as legal features of this function carried out by Prosecution Office of Uzbekistan are considered.

It is known that prosecutor is an official who occupies an important and specific place in …

Prosecutorial Supervision Over The Observance Of The Rights Of Minors, Ahmedov Farhod Xusanovich

ProAcademy

The article considers the prosecutor's supervision over the investigation of crimes in the field of information technology. In addition, it was concluded that the participation of the prosecutor in the civil process is effective, but not fully. It is necessary to expand the powers of the prosecutor to apply to the courts and intervene in the process to give an opinion, the legal grounds for the participation of the prosecutor in the consideration and resolution of civil cases on the protection of the rights and legitimate interests of minors, and also to provide the prosecutor with the right to participate …

Federally Mandated Online Sales Tax: A Logistical Solution For The Future Of E-Commerce, Daniel O'Connor

DePaul Business & Commercial Law Journal

No abstract provided.

Economic Structural Transformation And Litigation: Evidence From Chinese Provinces, To Economic Change And Restructuring, Doug Bujakowski, Joan Schmit

DePaul Business & Commercial Law Journal

No abstract provided.

The "Business Interruption" Insurance Coverage Conundrum: Covid-19 Presents A Challenge, Paul E. Traynor

DePaul Business & Commercial Law Journal

No abstract provided.

Misalighned Incentives In Markets: Envisioning Finance That Benefits All Of Society, Dr. Ryan Clements

DePaul Business & Commercial Law Journal

No abstract provided.