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Full-Text Articles in International Law

Comments On The World Bank’S Revised Draft Environmental And Social Framework, Columbia Center On Sustainable Investment Feb 2015

Comments On The World Bank’S Revised Draft Environmental And Social Framework, Columbia Center On Sustainable Investment

Columbia Center on Sustainable Investment Staff Publications

In February 2015, CCSI sent comments to the World Bank regarding its draft Environmental and Social Framework. This took place in the context of the Bank’s consultations on the review and update of its safeguards policies. CCSI’s comments focused on ensuring consistent and comprehensive application of the framework, and on the need to more expansively incorporate human rights standards. The memo also underlined the need to protect all legitimate tenure rights, including those not currently recognized by national law, and to limit the permissibility of forced evictions. In addition, the comments include proposed amendments that would ensure that government borrowers …


Letting Innocence Suffer: The Need For Defense Access To The Law Enforcement Dna Database, Jason Kreag Feb 2015

Letting Innocence Suffer: The Need For Defense Access To The Law Enforcement Dna Database, Jason Kreag

Cardozo Law Review

Law enforcement has gradually amassed a sizable DNA database that holds considerable promise for solving cold cases and identifying suspects. The Supreme Court has blessed this effort, allowing investigators to include profiles of arrestees as well as convicted persons in the database. At present, though, law enforcement has a near monopoly on use of the DNA database, leaving defendants at the whim of the law enforcement officials who control access to this tool. Legal scholars have alternatively praised and decried the database, but none has examined its prospects for proving defendants' innocence post-conviction. This Article fills that void by identifying …


Book Review: The Palestine Yearbook Of International Law. Ed. Al-Shaybani Society Of International Law. Nicosia, Cyprus., Ralph B. Lake Jan 2015

Book Review: The Palestine Yearbook Of International Law. Ed. Al-Shaybani Society Of International Law. Nicosia, Cyprus., Ralph B. Lake

Georgia Journal of International & Comparative Law

No abstract provided.


Data Beyond Borders: Mutual Legal Assistance In The Internet Era, Andrew K. Woods Jan 2015

Data Beyond Borders: Mutual Legal Assistance In The Internet Era, Andrew K. Woods

Law Faculty Scholarly Articles

The global nature of today’s Internet services presents a unique challenge to international law enforcement cooperation. On a daily basis, law enforcement agents in one country seek access to data that is beyond their jurisdictional reach; as one industry analyst put it, there has been, “an internationalization of evidence.” In order to gain lawful access to data that is subject to another state’s jurisdiction, law enforcement agents must request mutual legal assistance (MLA) from the country that can legally compel the data’s disclosure. But the MLA regime has not been updated to manage the enormous rise of requests for MLA. …


Genocide Convention - Intentional Starvation - Ethiopian Famine In The Eritrean War For Independence. The Applicability Of The Genocide Convention To Government Imposed Famine In Eritrea., Jean E. Zeiler Jan 2015

Genocide Convention - Intentional Starvation - Ethiopian Famine In The Eritrean War For Independence. The Applicability Of The Genocide Convention To Government Imposed Famine In Eritrea., Jean E. Zeiler

Georgia Journal of International & Comparative Law

No abstract provided.


Climate Change Impacts On Ocean And Coastal Law: U.S. And International Perspectives, Randall S. Abate Jan 2015

Climate Change Impacts On Ocean And Coastal Law: U.S. And International Perspectives, Randall S. Abate

Faculty Books and Book Contributions

Ocean and coastal law has grown rapidly in the past three decades as a specialty area within natural resources law and environmental law. The protection of oceans has received increased attention in the past decade because of sea-level rise, ocean acidification, the global overfishing crisis, widespread depletion of marine biodiversity such as marine mammals and coral reefs, and marine pollution. Paralleling the growth of ocean and coastal law, climate change regulation has emerged as a focus of international environmental diplomacy, and has gained increased attention in the wake of disturbing and abrupt climate change related impacts throughout the world that …


Improving Substantive And Procedural Protections For Indigenous Rights In Redd+ Projects: Possible Lessons From Brazil, Kristen Taylor Jan 2015

Improving Substantive And Procedural Protections For Indigenous Rights In Redd+ Projects: Possible Lessons From Brazil, Kristen Taylor

Student Works

Nations around the world are beginning to acknowledge that climate change is an imminent threat to our planet and are responding with mitigation efforts. REDD+ (reducing emissions from deforestation and degradation plus) may be a way to minimize the deforestation that has lead to the increased greenhouse gas emissions causing a change in our global climate. Although REDD+ is one the leading proposals to address climate change, it lends itself to potentially harmful effects on indigenous people, if the regulating nation does not possess adequate policy for protections of their indigenous peoples. Indigenous peoples face the challenge of safeguarding access …


Amicus Curiae A Favor De Los Demandantes, Comunidad De Campesinos De Santa Bárbara V. Perú, Corte Interamericana De Derechos Humanos, No. 10.932 (2015), Sarah Dávila-Ruhaak, Steven D. Schwinn, John Marshall Law School International Human Rights Clinic Jan 2015

Amicus Curiae A Favor De Los Demandantes, Comunidad De Campesinos De Santa Bárbara V. Perú, Corte Interamericana De Derechos Humanos, No. 10.932 (2015), Sarah Dávila-Ruhaak, Steven D. Schwinn, John Marshall Law School International Human Rights Clinic

Court Documents and Proposed Legislation

No abstract provided.


Legislative Update: Substance Over Form: How The United States Is Fulfilling The Precepts Of The United Nations Convention On The Rights Of The Child Without Having Ratified It, Mitchell Paglia Jan 2015

Legislative Update: Substance Over Form: How The United States Is Fulfilling The Precepts Of The United Nations Convention On The Rights Of The Child Without Having Ratified It, Mitchell Paglia

Children's Legal Rights Journal

No abstract provided.


Adopting An International Convention On Surrogacy—A Lesson From Intercountry Adoption, Seema Mohapatra Jan 2015

Adopting An International Convention On Surrogacy—A Lesson From Intercountry Adoption, Seema Mohapatra

Faculty Scholarship

No abstract provided.


Corporate "Human Rights" To Intellectual Property Protection?, J. Janewa Oseitutu Jan 2015

Corporate "Human Rights" To Intellectual Property Protection?, J. Janewa Oseitutu

Faculty Publications

The global intellectual property system protects the interests of intellectual property owners, sometimes to the detriment of competing interests like public health or access to knowledge. Some scholars have proposed a human rights framework for intellectual property as a way to inject balance into the current system. However, the assertion that human rights will bring balance is often coupled with the assumption that corporations are, by definition, excluded from human rights-based intellectual property claims. Yet, corporations have used, and are likely to continue to use, human rights law to ground their intellectual property claims. Since multinational corporations were a major …


Amicus Curiae In Support Of The Petitioners, Santa Barbara Campesino Community V. Perú, Inter-American Court Of Human Rights, No. 10.932 (2015), Sarah Dávila-Ruhaak, Steven D. Schwinn, John Marshall Law School International Human Rights Clinic Jan 2015

Amicus Curiae In Support Of The Petitioners, Santa Barbara Campesino Community V. Perú, Inter-American Court Of Human Rights, No. 10.932 (2015), Sarah Dávila-Ruhaak, Steven D. Schwinn, John Marshall Law School International Human Rights Clinic

Court Documents and Proposed Legislation

No abstract provided.


Americas, Human Rights Brief Jan 2015

Americas, Human Rights Brief

Human Rights Brief

No abstract provided.


Middle East & North Africa, Human Rights Brief Jan 2015

Middle East & North Africa, Human Rights Brief

Human Rights Brief

No abstract provided.


Letter From The Editors, Chris Keeler, Whitney-Ann Mulhauser Jan 2015

Letter From The Editors, Chris Keeler, Whitney-Ann Mulhauser

Human Rights Brief

No abstract provided.


Europe, Human Rights Brief Jan 2015

Europe, Human Rights Brief

Human Rights Brief

No abstract provided.


Americas, Human Rights Brief Jan 2015

Americas, Human Rights Brief

Human Rights Brief

No abstract provided.


Subsaharan Africa, Human Rights Brief Jan 2015

Subsaharan Africa, Human Rights Brief

Human Rights Brief

No abstract provided.


The 'New' Law Applicable To Lgbti International Civil Servants In The U.N. System, Daniele Gallo Jan 2015

The 'New' Law Applicable To Lgbti International Civil Servants In The U.N. System, Daniele Gallo

American University International Law Review

No abstract provided.


Transitional Justice, International Human Rights, And Humanitarian Law, Claudia Martin, Diego Rodriguez-Pinzon Jan 2015

Transitional Justice, International Human Rights, And Humanitarian Law, Claudia Martin, Diego Rodriguez-Pinzon

American University International Law Review

No abstract provided.


Between Idealism And Realism: A Few Comparative Reflections And Proposals On The Appointment Process Of The Inter-American Commission And Court Of Human Rights Members, Laurence Burgorgue-Larsen Jan 2015

Between Idealism And Realism: A Few Comparative Reflections And Proposals On The Appointment Process Of The Inter-American Commission And Court Of Human Rights Members, Laurence Burgorgue-Larsen

Notre Dame Journal of International & Comparative Law

In this Article, Professor Laurence Burgorgue-Larsen, a renowned scholar in European and Latin-American law, explores flaws in the process by which members are appointed to the Inter-American Commission and Court of human rights, respectively. Seeking to strike a balance between "Idealism" and "Realism," Burgorgue-Larsen seeks methods for improving the independence and impartiality of the Commissioners and Judges in the Inter-American system in the hopes of ultimately lending greater credibility and legitimacy to the system as a whole. Drawing comparisons to the appointment of judges on national and international courts worldwide, Burgorgue-Larsen ultimately produces specific suggestions for improving the appointment process, …


Death Penalty, Amnesty Laws, And Forced Disappearances: Three Main Topics Of The Inter-American Corpus Juris In Criminal Law, Eduardo Ferrer Mac-Gregor, Pablo GonzáLez DomíNguez Jan 2015

Death Penalty, Amnesty Laws, And Forced Disappearances: Three Main Topics Of The Inter-American Corpus Juris In Criminal Law, Eduardo Ferrer Mac-Gregor, Pablo GonzáLez DomíNguez

Notre Dame Journal of International & Comparative Law

In this Article, Judge Eduardo Ferrer Mac-Gregor of the Inter-American Court of Human Rights and International Human Rights Researcher Pablo González Domínguez explore three of the richest and most contentious areas of the jurisprudence of the Inter-American Court of Human Rights: death penalty cases, amnesty law, and cased regarding forced disappearance. These topics encompass some of the most pressing human rights issues in the Inter-American System. For each topic, Ferrer Mac-Gregor and González Domínguez provide a succinct but comprehensive view of the Inter-American Court's jurisprudence, discuss the ways in which the core principles of this jurisprudence have been applied in …


The Anglo-Latin Divide And The Future Of The Inter-American System Of Human Rights, Paolo Carozza Jan 2015

The Anglo-Latin Divide And The Future Of The Inter-American System Of Human Rights, Paolo Carozza

Notre Dame Journal of International & Comparative Law

A former President of the Inter-American Commission on Human Rights, Paolo Carozza draws on his personal experience to identify and propose solutions for a key flaw in the Inter-American Human Rights System: the division between English-language member states and states with Latin-based languages. Terming this division "The Anglo-Latin Divide," Carozza traces the division not only to linguistic difference, but also to differences in legal traditions. He explains how the differences between Anglo tradition of common law and the Latin tradition of civil law manifest in both substantive and procedural divides within the Inter-American Human Rights system, including in sensitive areas …


The Surprising Acquittals In The Gotovina And Perišić Cases: Is The Icty Appeals Chamber A Trial Chamber In Sheep’S Clothing?, Mark A. Summers Jan 2015

The Surprising Acquittals In The Gotovina And Perišić Cases: Is The Icty Appeals Chamber A Trial Chamber In Sheep’S Clothing?, Mark A. Summers

Richmond Journal of Global Law & Business

No abstract provided.


Subsaharan Africa, Human Rights Brief Jan 2015

Subsaharan Africa, Human Rights Brief

Human Rights Brief

No abstract provided.


Asia & Oceania, Human Rights Brief Jan 2015

Asia & Oceania, Human Rights Brief

Human Rights Brief

No abstract provided.


Middle East & North Africa, Human Rights Brief Jan 2015

Middle East & North Africa, Human Rights Brief

Human Rights Brief

No abstract provided.


Europe, Human Rights Brief Jan 2015

Europe, Human Rights Brief

Human Rights Brief

No abstract provided.


Adopting An International Convention On Surrogacy—A Lesson From Intercountry Adoption, Seema Mohapatra Jan 2015

Adopting An International Convention On Surrogacy—A Lesson From Intercountry Adoption, Seema Mohapatra

Faculty Scholarship

No abstract provided.


Mexico, T. Matthew Hansen, Eduardo Isaias Riviera Rodriguez, Alonso Gonzalez-Villalobos, Paulina Aguilar Cervantes, Michell Nader, Jose Sifuentes, Garardo Calderon-Villegas, Isaac Shefer, Stefano De Luca, Maria Cadelaria Pelayo Torres, Evangelina Flores Preciado, Alicia Vicente Rodriguez, Maria Erika Cardenas Briseno, Juan Pablo Venegas Contreras Jan 2015

Mexico, T. Matthew Hansen, Eduardo Isaias Riviera Rodriguez, Alonso Gonzalez-Villalobos, Paulina Aguilar Cervantes, Michell Nader, Jose Sifuentes, Garardo Calderon-Villegas, Isaac Shefer, Stefano De Luca, Maria Cadelaria Pelayo Torres, Evangelina Flores Preciado, Alicia Vicente Rodriguez, Maria Erika Cardenas Briseno, Juan Pablo Venegas Contreras

The International Lawyer

No abstract provided.