International Humanitarian Law Commons^™

Glass Half-Full Or Glass Half-Empty? Thirty Years Of Accountability At The Inspection Panel--The Impact Of Its Work And What The Data Tells Us, Ramanie Kunanayagam, Mark Goldsmith, Ibrahim James Pam, Serge Selwan, Richard Wyness, Ayako Kubodera, Camila Jorge Do Amarel, Rupes Dalai

Perspectives

“A stroke of a genius”, “a bold experiment in transparency and accountability that has worked to the benefit of all concerned”, “a precedent under international law”, and a “citizen-based accountability mechanism” are some of the ways in which close observers have described the World Bank Inspection Panel, which celebrated its thirtieth anniversary in 2023.

The Critical Contribution Of Independent Accountability Mechanisms (Iams) To The Global Governance Paradigm, Owen Mcintyre

Perspectives

For several decades now, the environmental and social safeguard policies adopted by international financial institutions (IFIs), along with the related accountability frameworks provided by the independent accountability mechanisms (IAMs) established by each, have been at the very forefront of a global movement to extend good environmental and social governance values to the practice of international development finance. The complex of substantive and procedural standards of institutional conduct required under multilateral development bank (MDB) safeguard policies in respect of the assessment and implementation of bank-funded development projects or activities exemplifies the phenomenon of so-called “transnational” or “global” law - the rich …

An Increased Normalization Of Iams Faces Ground Realities: Lack Of Transparency Impedes Access To Iams, Hamid Sharif

Perspectives

The creation of the Inspection Panel at the World Bank has led to the emergence of a norm that international financial institutions (IFIs) must hold themselves accountable to project-affected people through independent accountability mechanisms (IAMs). AIIB as a 21^st century bank reflects this normalization of IAMs. As a new MDB, AIIB’s charter mandates creation of an oversight body that includes the independent accountability mechanism or the Project-affected People’s mechanism (PPM). The PPM is aligned with many features of IFI’s IAMs while incorporating some innovations.

The central question asked by civil society and board members across IFIs is why there …

"Use And Improve" Is My Accountability Mantra, Despite 30 Years Of Eye-Opening Disappointments, Natalie Bridgeman Fields

Perspectives

This essay finds justification for championing the continued existence, functioning and evolution of Independent Accountability Mechanisms (IAMs). An inside assessment of the thirty-year functioning of IAMs reveals that inadequate power and independence are severely hampering IAM efforts to hold actors accountable for harm. Simultaneously, IAMs can’t make progress without the underlying financial institutions reforming their incentive structures to reward harm prevention and remedy. Despite decades of systemic failure to deliver accountability, when exceptions happen, they are worth it and can be spectacular. With an influx of new climate-related funding expected at the financial institutions, exceptions need to become the rule. …

The World Bank, The Inspection Panel & Immunity, Joe Athialy

Perspectives

The establishment of the Inspection Panel marked a turning point for the World Bank, at a time when the notion of accountability in international financial institutions was still nascent. Triggered by people's movements, this bold experiment aimed at transparency faced hurdles as the Bank was immune to legal consequences, and over a while, it weakened the Panel's mandate. The 2019 US Supreme Court decision stripping the Bank of absolute immunity reshapes its accountability landscape. Post-immunity, the Panel gains renewed significance, scrutinizing and recommending actions. Legal repercussions for non-compliance bring a paradigm shift, compelling the Bank to enhance transparency, engage communities, …

Law School News: Sanctions On Russia: Imperfect But Necessary 03-02-2022, Gregory W. Bowman

Life of the Law School (1993- )

No abstract provided.

“‘Made In China’ . . . Is A Warning Label”: Is America Doing Enough?, Devin Kathleen Epp

Seattle University Law Review

This Note explores China’s repressive actions against the Uyghur population and calls upon the U.S. to address these human rights violations. Part I discusses the background and human rights violations in Xinjiang, also known as the Xinjiang Uyghur Autonomous Region (XUAR). Part II addresses U.S. economic regulations and sanctions imposed against actors involved in Xinjiang’s forced labor industry. Part III analyzes previous U.S. strategies and sanction regimes implemented to combat human rights violations in other countries. This Note recommends that the U.S. implement a more robust multilateral framework to combat the Xinjiang cultural genocide and impose secondary sanctions against China …

The Role Of The Registry And Legal Division Of The African Court Of Human And People's Rights In Dispute Settlement, Olabisi D. Akinkugbe, Morris K. Odeh

Articles, Book Chapters, & Popular Press

This Essay explores whether the African Court of Human and People's Rights’ (African Court) Registry and Legal Division have a similar expansive role in the dispute settlement mechanism as the World Trade Organization's (WTO) Secretariat. The African Court is the African Union's regional body for enforcing human rights. This Essay contributes to the scholarship on African international courts by testing the central arguments in Pauwelyn and Pelc's “Who Guards the ‘Guardians of the System’? The Role of the Secretariat in WTO Dispute Settlement” through a comparative analysis of the role of the Secretariat within the African Court. Despite the growing …

Voices From Below—Africa’S Contribution To The Development Of The Norm Of Corporate Responsibility To Respect Human Rights, Akinwumi Olawuyi Ogunranti

PhD Dissertations

The long conversations about corporate responsibility predominantly take place in forums and conferences in the Global North. Yet, the majority of the human rights abuses and their impacts are felt by peasants, farmers, children, and women in local communities in the Global South who do not have a voice in the institutionalized governance systems that animate global affairs. This thesis answers the question of how norms and human rights institutions in Africa can influence the corporate responsibility to respect (CR2R) norm as embedded in pillar II of the United Nations Guiding Principles on Business and Human Rights. Through the theory …

Intellectual Property Rights As A Barrier For Developing Countries To Access A Covid-19 Vaccine, Kristina Frkovic

Marquette Intellectual Property & Innovation Law Review

None

The Disaster Chain: Counter-Mapping Global Value Chains, Peer Zumbansen

Northwestern Journal of International Law & Business

Abstract: Prevailing accounts by consultancies and logistics scholars present global value chains [GVCs] as an expression of contemporary international economic integration and connectivity. As such, they are considered crucial to the pursuit of economic growth and prosperity. At the same time, GVCs are deemed susceptible to “disruptions” through natural catastrophes, restrictive trade policies or pandemics. Left out of the standard narratives, even in light of the experience of the global Coronavirus pandemic, is the actual, as such disruptive impact of global value chain capitalism on human and natural lives. Dominant depictions of global value chain governance treat labor, environment and …

Gulf Of Guinea And Maritime (In)Security: Musings On Some Implications Of Applicable Legal Instruments, Edwin E. Egede

Brooklyn Journal of International Law

The Gulf of Guinea (GoG) is an enormous and diverse region consisting of approximately 6,000 km of coastline extending from Senegal to Angola. It is a maritime area of strategic importance because it is resource-rich with hydrocarbons, fish and other resources. Also, it is important as a vital maritime transit hub. Unlike certain other shipping lanes that have been identified as chokepoints, the GoG, because of its width, is not susceptible to blockades and major shipping accidents. Previously the maritime (in)security in the GoG had not received the same high-profile attention from the international community as the situation in the …

High Time For A Change: How The Relationship Between Signatory Countries And The United Nations Conventions Governing Narcotic Drugs Must Adapt To Foster A Global Shift In Cannabis Law, Alexander Clementi

Brooklyn Journal of International Law

Since the early 1970’s, the inclusion of cannabis and its byproducts in the United Nations Single Convention on Narcotic Drugs has mandated a strict prohibition on cultivation and use of the substance, which has led to a largely global practice of criminalization and imprisonment of anyone found to be in its possession. Yet recently, mostly in response to growing public health concerns, countries like Uruguay, Portugal, The Netherlands, Canada, and the United States have enacted laws which seek to decriminalize or even legalize cannabis use and possession. Yet, cannabis remains classified as a Schedule IV narcotic under the Single Convention, …

Tindak Pidana Pencucian Uang, Yunus Husein

Indonesian Journal of International Law

Money laundering is considered as a transnational organized crime. The logic of elimination money laundering is to omit the criminal’s motivation to enjoy their proceed of crime. The efforts to eliminate money laundering is much related to the issues of national jurisdiction. Thus, it requires international cooperation among countries, where international law is needed. Eventhough there is still no specific convention about money laundering, but regulation about money laundering is partially arranged in some conventions such as Vienna Convention 1988 and in UN Convention on Transnational Organized Crimes 2000. Indonesia has enacted a regulation is amended by UU No. 25 …

Enhancing Maritime Security In The Malacca Strait: Cooperation Against Piracy And Maritime Terrorism, Rheny Wahyuni Pulungan

Indonesian Journal of International Law

The Malacca Strait, together with the Singapore Strait, are two of the most important straits in the world and consequently there is significant traffic through them, reported to be approximately 60,000 vessels a year. The rising number of violent and well-coordinated attacks on transiting ships in these straits has become a very serious problem, such as threats of unauthorized boarding; theft of personal property, cargo and the ships themselves; and violence against, and the kidnapping or murder of, seafarers. One effort which is likely to enhance security in the Malacca Straits is the establishment of 'joint patrol areas', where more …

Preventing Retaliation In Trade By Harmonizing The Measures, Muhammad Putra Iqbal

Indonesian Journal of International Law

Sanitary and Phytosanitary Measures (SPS) Agreement as a globally-accepted legal document within the World Trade Organization (WTO) is very important in ensuring food traded across the boundaries is safe for consumers and also protecting animal and plant from diseases and pests. Therefore, SPS Agreement's role within the international trade is very crucial. This paper evaluates "Indonesia-China candy case" that closely related to the implementation of the SPS Agreement. It is concluded that Indonesia as a member of WTO has declared and proven that Indonesia national regulations on food safety comply with international standard. On the other hand, China should show …

Environmental Protection And State Responsibility In International Humanitarian Law, Arie Afriansyah

Indonesian Journal of International Law

International armed conflicts is not only threatened the existence of human being, but also brought great environmental damage that has served to raise the international community's deep concern. The conflicting parties are liable for violations of their international obligations including damages to the environment. The obligations of warring parties to protect the environment are sourced not only from treaty law but also from customary law. Even though the conflict has ceased, they are still liable for the violations as long as the damages continue. That is why the legal concept of State offers an important doctrine in international conflicts offering …

Author's Right Is Not Only Copyright, Agus Sardjono

Indonesian Journal of International Law

This article discusses the difference between the concept of Author's Right and Copyright. These two concepts are often mistakenly considered to be inter-changeable. The purpose of this article is to help readers obtain a better insight into the basic concept of Author's Right and Copyright.

When Drills And Pipelines Cross Indigenous Lands In The Americas, Guillermo J. Garcia Sanchez

Faculty Scholarship

From the Missouri River, passing through the Sonora Desert, all the way down to the Amazon Forest and the Andean Mountains, drills and pipelines are crossing over indigenous lands. In an energy-thirsty continent, there is no land left to spare, not even tribal land. Many of these energy infrastructure projects involve international investments that are protected by treaties and enforced by arbitral tribunals. At the same time, tribal communities have an internationally recognized right to receive prior and informed consultation before they are affected by projects of this nature. The Article focuses on the clash of rights between energy extraction …

The Environmental Impact Of Technological Innovation: How U.S. Legislation Fails To Handle Electronic Waste's Rapid Growth, Marisa D. Pescatore

Villanova Environmental Law Journal (1991 - )

No abstract provided.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Mining In Guatemala: Human Rights And Investment Treaty Arbitration, Valentina Capotosto

Human Rights Brief

No abstract provided.

Functional Statehood In Contemporary International Law, William Thomas Worster

Brooklyn Journal of International Law

The international community lacks a form of territorial-based, international legal personality distinct from statehood, and yet, non-state, territorial entities of varying degrees of autonomy or independence need to function within the international community in some form. Some of these entities cannot be recognized as states because their creation violates jus cogens norms, though others are not recognized based on an assessment that they may not fully qualify as a state or that there are political reasons to refuse recognition. However, existing states still need to engage with these territorial quasi-states through the only paradigm the international community has—statehood. For example, …

The Amazon Ablaze: Are The Environmental Policies Of The Bolsanaro Administrative In Contravention Of Brazil’S Commitment To The Convention On Biological Diversity?, Jordan Johnson

Brooklyn Journal of International Law

In the Summer of 2019, the Amazonian Rainforest in Brazil experienced an unprecedented increase forest fires. This dramatic uptick in forest fires, according to environmental officials and scientists, is believed to have been caused by recent, rampant illegal deforestation of the Brazilian Amazonian Rainforest. Furthermore, some within the scientific community believe that the increased deforestation and ensuing forest fires are attributable to the anti-environmental protections and pro-development policies of Brazil's President, Jair Bolsonaro. Since taking office in January 2019, President Bolsonaro has publicly endorsed and encouraged deforestation of the Amazon as a means to spur economic development within Brazil. This …

Enough Is As Good As A Feast, Noah C. Chauvin

Seattle University Law Review

Ipse Dixit, the podcast on legal scholarship, provides a valuable service to the legal community and particularly to the legal academy. The podcast’s hosts skillfully interview guests about their legal and law-related scholarship, helping those guests communicate their ideas clearly and concisely. In this review essay, I argue that Ipse Dixit has made a major contribution to legal scholarship by demonstrating in its interview episodes that law review articles are neither the only nor the best way of communicating scholarly ideas. This contribution should be considered “scholarship,” because one of the primary goals of scholarship is to communicate new ideas.

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Comment On Us Trade And Investment Agreements Submitted To Ustr, Columbia Center On Sustainable Investment

Columbia Center on Sustainable Investment Staff Publications

Comments to USTR Re: U.S.-Kenya Trade Agreement (April 28, 2020): CCSI, in response to the United States Trade Representative’s request for public comment to inform its approach to a U.S.-Kenya Trade Agreement, submitted Comments elaborating on our main points that (1) investor-state dispute settlement should not be included in any U.S.-Kenya agreement and (2) principles that should guide an investment chapter or investment provisions in any such agreement should (a) strategically support cross-border investment that produces positive development outcomes for the U.S. and Kenya, (b) facilitate and support good governance of investment projects, and (c) enhance cooperation to solve challenges …

Establishing Economic Independence In Haiti Through Public-Private Partnerships And Foreign Direct Investment, Jasmine Armand

Northwestern Journal of International Law & Business

In 1804, the Caribbean island of Haiti became the first black republic in the world after leading the only successful slave rebellion in history to result in the formation of an independent nation. Overflowing with valuable natural resources and equipped with a strategic Caribbean location, Haiti was positioned to remain one of the most prosperous territories in the world. But the price of independence was steep, and the country failed to thrive under crushing foreign intervention. But its story does not end there.

This note examines the opportunities for Haiti to establish economic independence through public-private partnerships and foreign direct …

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents

Symposium Introduction: Vulnerabilities In The Trade And Investment Regimes In The Age Of Covid-19, Olabisi D. Akinkugbe, Clair Gammage

Articles, Book Chapters, & Popular Press

This Symposium is one of the follow-up publications to the Afronomicslaw.org Webinar III on “Vulnerability in the Trade and Investment Regime in the Age of COVID-19”

‘Vulnerability’ in trade and investment regimes is not a new phenomenon. Nor, is the concept of ‘crisis’. While IEL scholarship has acknowledged some of the way(s) in which the formalisation of international legal rules in trade and investment can act like a ‘straightjacket’ on global south states, sustaining and creating forms of dependencies that are difficult to escape, there is a notable lack of meaningful engagement with the contours and manifestations of concepts like …