International Law Commons^™

Intellectual Property Investment Functions And The Legal Characteristics Of Privatization, P. Sean Morris

American University Business Law Review

This paper develops and presents the idea of intellectual property investment functions as part of a broader narrative on the privatization of international law. Using jurisprudence and private law arguments the paper charts how early investment treaties and ICSID cases interacts with intellectual property investments and then go on to show the rise of contemporary Free Trade Agreements provisions that upend the understanding of intellectual property as an investment function. The advocates of the investment principles clearly sees no objection on the application of customary international law to investment, and by extent, the investment function of intellectual property. It must …

Climate Change And The Right To Health: A Threat Multiplier, Alejandra Ureta Melcon

Upper Level Writing Requirement Research Papers

This comment argues that climate change threatens fundamental human rights recognized by the United Nations High Commissioner for Human Rights. Therefore, the United Nations should adopt the standards set forth in cases like Sacchi v. Argentina and Teitiota v. New Zealand to denote climate change as a threat to the right to health under Articles 11 and 12 of the 1966 International Covenant on Economic, Social, and Cultural Rights. Climate change is already having monumental impacts on access to food and access to clean water and sanitation, which this comment demonstrates by analyzing two country case studies: The Central African …

Academy On Human Rights And Humanitarian Law Articles On Human Rights And States Of Emergency: Unexpected Crisis And New Challenges: Introduction, Claudia Martin, Diego Rodriguez-Pinzon

Scholarly Articles in Law Reviews & Journals

We are delighted to present this year's special issue of the American UniversityInternationalLaw Review and the Academy on Human Rights and Humanitarian Law, which includes two of the best essays in English and in Spanish recognized in the 2021 Human Rights Essay Award competition. It is satisfying to think that this competition allowed a number of participants an opportunity to expound their thoughts on so many important topics, regarding so many areas of the world. We hope these participants are able to use their articles as mechanisms for change.

Defending Democracy Through Law: The Establishment Of The Legal Service Of The European Parliment, Fernanda Giorgia Nicola Dr., Antonio Caiola

Scholarly Articles in Law Reviews & Journals

Democracy, as well as the rule of law, is one of the founding values of the European Union. With the recent rise of some authoritarian governments in Europe, scholars have focused primarily on the efforts led by the European Commission and the European Court of Justice (“ECJ”) to curb democratic backsliding. While European institutions have struggled defending the rule of law inside the Union through lawsuits and economic sanctions against those governments, the history of integration shows how the European Parliament (“EP”) led the efforts to cure the democratic deficit existing in the European institutional system. Since the end of …

Non-Patent Intellectual Property Barriers To Covid-19 Vaccines, Treatment And Containment, Sean Flynn, Erica Nkrumah, Luca Schirru

Joint PIJIP/TLS Research Paper Series

As the World Trade Organization considers a proposal to waive or otherwise address intellectual property barriers to the global response to the COVID-19 pandemic, most of the attention given by scholars and policy makers has been focused on patents. The original proposals by South Africa and India, as well as the groundbreaking support of the United States, however, explicitly applied to all forms of intellectual property. This paper documents many instances where non-patent forms of intellectual property create barriers to the global scale up of access to vaccines, treatments, and the ability to contain the virus through social distancing. Addressing …

Statements To The Wipo Standing Committee On Committee On Copyright And Related Rights, Electronic Information For Libraries

Testimony and Submissions

As an NGO accredited with permanent observer status at WIPO, EIFL has the opportunity to make interventions at sessions of WIPO committees and meetings

EIFL advocates at the World Intellectual Property Organization (WIPO) for an international copyright framework that benefits libraries in developing and transition economy countries. We participate in sessions of WIPO’s Standing Committee on Copyright and Related Rights (SCCR) that usually meets in Geneva twice a year. Due to the COVID-19 pandemic, just one SCCR took place in 2021, in hybrid mode (online for observers and limited physical participation for member state delegates).

We work with Member States …

Eifl And Library Group Comments On Updated Draft Wipo Cmo Toolkit (2021), Electronic Information For Libraries

Testimony and Submissions

EIFL and partner organizations in the library, archives and museum communities responded to a public consultation to provide additional comments on the updated draft WIPO Good Practice Toolkit for Collective Management Organizations (CMOs), released on 27 May 2021. Publication of the updated draft Toolkit follows an earlier consultation that took place in April 2021.

The updated version of the Toolkit contains an expanded section on supervision and monitoring of CMOs (Section 13). We noted three concerns in the updated Section 13, in particular. In our comments, we propose a number of amendments to address the concerns in Section 13, along …

Chinese Technology Platforms Operating In The United States: Assessing The Threat (Originally Published As A Joint Report Of The National Security, Technology, And Law Working Group At The Hoover Institution At Stanford University And The Tech, Law & Security Program At American University Washington College Of Law), Gary Corn, Jennifer Daskal, Jack Goldsmith, Chris Inglis, Paul Rosenzweig, Samm Sacks, Bruce Schneier, Alex Stamos, Vincent Stewart

Joint PIJIP/TLS Research Paper Series

No abstract provided.

A Monopoly As Vast As The Amazon: How Amazon’S Proprietary Data Collection Is A Violation Of The Treaty On The Functioning Of The European Union, Alexis Adams

American University International Law Review

No abstract provided.

Covid-19 Pandemic, International Law, And Action Taken By Vietnam, Nguyen Hong Thao, Le Thi Anh Dao

American University International Law Review

No abstract provided.

The Wto And Pandemics, Padideh Ala'i, Clemence D. Kim

American University International Law Review

The COVID-19 pandemic presented the world with a once-in-a-century public health challenge. At the height of the pandemic, measures to curb the disease shut down large swaths of the global economy while worldwide demand for international trade in medical products to fight the pandemic increased, as did dependence on global supply chains to source medical products. The World Trade Organization (WTO) has played an important role in ensuring transparency and market access for trade in medical goods despite the political, legal, and logistical difficulties COVID-19 and the rise of protectionism presented. However, the WTO is positioned to do more by …

Pandemics And International Law: The Need For International Action, Claudio Grossman

Human Rights Brief

No abstract provided.

Prologue, Claudio Grossman, Robert Goldman

American University International Law Review

No abstract provided.

Rise Of Illiberal Democracy, Weakening Of The Rule Of Law, & Implementation Of Human Rights In The Philippines, Gemmo Bautista Fernandez

American University International Law Review

No abstract provided.

La Fiebre De La Reelección En Latinoamérica: Desmoronamiento Del Estado De Derecho Y Sus Consecuencias Para Los Derechos Humanos, N.B.

American University International Law Review

No abstract provided.

Broken, Beaten, And Starved: Attacking Water Resources As Objects Indispensable To The Survival Of A Civilian Population In Yemen’S Internal Armed Conflict, Meagan Desimone

American University International Law Review

No abstract provided.

No Child Should Feel Left Behind: The Illegality Of Orphanage Voluntourism Under Article 19 Of The United Nations Convention Of The Rights Of A Child, Lily Baron

American University International Law Review

No abstract provided.

The Olives Of Others: The United States Anti-Dumping And Countervailing Duties On Ripe Olives From Spain, Gregory Frering

American University International Law Review

No abstract provided.

Era Of Accelerating Digital Convergence: Security, Surveillance, Data, Privacy, Big Tech, And Politics, John Taschner

American University International Law Review

No abstract provided.

Going Off The Rails On The Mayan Train: How Amlo’S Development Project Is On A Fast Track To Multiple Violations Of Indigenous Rights, Jared Green

American University International Law Review

No abstract provided.

Prologue, Sherwet H. Witherington

American University International Law Review

No abstract provided.

Pandemics And International Law: The Need For Action [Turkey], Nilüfer Oral

American University International Law Review

INTRODUCTION

As someone who has actually survived two major earthquakes, what we are living through now with the pandemic is a level ten earthquake—devastating and upheaving our lives in so many different ways. As my colleague Patricia Galvao Teles noted, this level of pandemic is a collective experience that we have not seen since a century ago with the Spanish Flu. It has demonstrated to us, as happens in disasters in general, the structural deficiencies of our current system. My colleagues have outlined some of these deficiencies; I will reiterate some of those noted previously but frame this issue in …

Ensuring Access To Accurate Information And Combatting Misinformation, Diane Orentlicher

American University International Law Review

No abstract provided.

Rule Of Law And Human Rights: Strengthening Democratic Institutions, Claudia Martin, Diego Rodriguez-Pinzon

American University International Law Review

No abstract provided.

Disciplinary Privilege And The Promise Of Decampment: A Response To James Thou Gathii, Fleur Johns

American University International Law Review

No abstract provided.

The Promise Of International Law: A Third World View, James Thuo Gathii

American University International Law Review

No abstract provided.

The Challenge Of Covid-19 And The World Health Organization’S Response: The Principal-Agent Model Revisited, Miron Mushkat, Roda Mushkat

American University International Law Review

No abstract provided.

Fracking The Bedrock Of Democracy: The United States Policing Of Protests Violates The Right Of Peaceful Assembly Under The Iccpr, Olivia Moulds

American University International Law Review

No abstract provided.

Pandemics And International Law: The Need To Strengthen International Legal Frameworks After The Covid-19 Global Heal Pandemic [Sierra Leone], Charles C. Jalloh

American University International Law Review

INTRODUCTION

I would like to begin by acknowledging the American University Washington College of Law and all its partners for organizing this timely symposium on “Pandemics and International Law: The Need for International Action.” 1 The theme of this symposium is rather broad and, as we have heard already, there is much that can be said about it from various international law perspectives. I will not attempt to do that. Instead, I wish to offer brief comments on one question given the time restrictions for my remarks and this panel. I will focus specifically on the topic I was assigned. …

Pandemics And The Disproportionate Impact On Vulnerable Groups, Macarena Saez

American University International Law Review

No abstract provided.