Open Access. Powered by Scholars. Published by Universities.®

International Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

American University Washington College of Law

Discipline
Keyword
Publication Year
Publication
Publication Type
File Type

Articles 571 - 600 of 2867

Full-Text Articles in International Law

Human Rights In Times Of Crisis: Article 3 Prevails-Examining How Lgbtq Asylum Seekers In The European Union Are Denied Equal Protection Of Law, Michael A. Witschel Jan 2018

Human Rights In Times Of Crisis: Article 3 Prevails-Examining How Lgbtq Asylum Seekers In The European Union Are Denied Equal Protection Of Law, Michael A. Witschel

American University International Law Review

No abstract provided.


The Human Right To Environment In The 21st Century: A Case For Its Recognition And Comments On The Systemic Barrier It Encounters, Luis E. Rodriguez-Rivera Jan 2018

The Human Right To Environment In The 21st Century: A Case For Its Recognition And Comments On The Systemic Barrier It Encounters, Luis E. Rodriguez-Rivera

American University International Law Review

No abstract provided.


Rule Of Law, State Capture, And Human Development In Africa, John Mbaku Jan 2018

Rule Of Law, State Capture, And Human Development In Africa, John Mbaku

American University International Law Review

No abstract provided.


User-Generated Evidence, Rebecca Hamilton Jan 2018

User-Generated Evidence, Rebecca Hamilton

Scholarly Articles in Law Reviews & Journals

Around the world, people are using their smartphones to document atrocities. This Article is the first to address the implications of this important development for international criminal law. While acknowledging the potential benefits such user-generated evidence could have for international criminal investigations, the Article identifies three categories of concern related to its use: (i) user security; (ii) evidentiary bias; and (iii) fair trial rights. In the absence of safeguards, user-generated evidence may address current problems in international criminal justice at the cost of creating new ones and shifting existing problems from traditional actors, who have institutional backing, to individual users …


Book Review Some Kind Of Justice: The Icty's Impact In Bosnia And Serbia, Diane Orentlicher, Ivan Vukusic Jan 2018

Book Review Some Kind Of Justice: The Icty's Impact In Bosnia And Serbia, Diane Orentlicher, Ivan Vukusic

Scholarly Articles in Law Reviews & Journals

In December 2017, the International Criminal Tribunal for the former Yugoslavia (ICTY) in The Hague closed, 25 years after it was set up by the United Nation's Security Council (UN sc) Resolution 827. That decision by the UN SC, primarily in response to the brutality of the war in Bosnia and Herzegovina (BiH), completely changed the landscape of international law. American legal scholar Diane Orentlicher, a seasoned observer of the ICTY, provides in this book the most detailed assessment of its record to date. Countless journal articles, books, documentaries and panels, in the former Yugoslavia, The Hague and elsewhere discussed …


Academy On Human Rights And Humanitarian Law Articles And Essays On Emerging Challenges In The Relationship Between International Humanitarian Law And International Human Rights Law: Introduction, Claudia Martin, Diego Rodriguez-Pinzon Jan 2018

Academy On Human Rights And Humanitarian Law Articles And Essays On Emerging Challenges In The Relationship Between International Humanitarian Law And International Human Rights Law: Introduction, Claudia Martin, Diego Rodriguez-Pinzon

Scholarly Articles in Law Reviews & Journals

We are delighted to present this year's publication of the Academy on Human Rights and Humanitarian Law, which includes the three best essays in English and in Spanish recognized in the 2017 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 and areas of the world. We hope these participants are able to use their articles as mechanisms for change.


Sovereignty In The Age Of Cyber, Gary Corn Jan 2018

Sovereignty In The Age Of Cyber, Gary Corn

Scholarly Articles in Law Reviews & Journals

International law is a foundational pillar of the modern international order, and its applicability to both state and nonstate cyber activities is, by now, beyond question. However, owing to the unique and rapidly evolving nature of cyberspace, its ubiquitous interconnectivity, its lack of segregation between the private and public sectors, and its incompatibility with traditional concepts of geography, there are difficult and unresolved questions about exactly how international law applies to this domain. Chief among these is the question of the exact role that the principle of sovereignty plays in regulating states' cyber activities.


A Human Rights Based Approach To International Financial Regulatory Standards, Daniel D. Bradlow Jan 2018

A Human Rights Based Approach To International Financial Regulatory Standards, Daniel D. Bradlow

Scholarly Articles in Law Reviews & Journals

Globalization and information and communication technologies pushed national financial regulators to establish international standard setting bodies (SSBs) which promote non-binding international financial regulatory standards. However, finance inevitably has social and human rights impacts and the SSBs and their members are not meeting their responsibility to account for these impacts in their international standards. This failure means that financial regulators and institutions may under-estimate the risks associated with their operations leading to misallocations of credit, less safe financial institutions and less efficient and transparent financial markets. To avoid this problem, SSBs should adopt a human rights approach to standard setting. The …


Assessing The Potential For Global Economic Governance Reform, Daniel D. Bradlow Jan 2018

Assessing The Potential For Global Economic Governance Reform, Daniel D. Bradlow

Scholarly Articles in Law Reviews & Journals

Every dynamic social system’s adaptive capacity is finite. Eventually, the ability of the system’s legal and institutional arrangements to adapt to the changing operational context is exhausted. At this point, unless the system is significantly reformed, it begins losing its legitimacy and efficacy.

This article contends that the structure, operation and scale of the global economy has changed so dramatically that the current arrangements for global economic governance are approaching this crisis moment. They are failing to deliver an inclusive, sustainable and efficient international economic system that can contribute to peace, prosperity and human welfare. Their governance arrangements and operating …


Scaling Development Finance For Our Common Future, Daniel D. Bradlow, Kevin P. Gallagher, Leandro Serino, Jose Siaba Serrate Jan 2018

Scaling Development Finance For Our Common Future, Daniel D. Bradlow, Kevin P. Gallagher, Leandro Serino, Jose Siaba Serrate

Scholarly Articles in Law Reviews & Journals

The G-20 and the broader world community has committed to ambitious goals to close global infrastructure gaps, mitigate climate change, and advance the 2030 Agenda for development. We call on G20 leaders to task development finance institutions (DFIs) such as the development banks in member countries and the Multilateral Development Banks (MDBs) of which G-20 countries are members, to commit to scaling up resources by 25 percent, to calibrate new financing to international commitments to mitigate climate change and the 2030 agenda, and to work together as an inclusive system toward achieving those shared goals.


International Financial Regulatory Standards And Human Rights: Connecting The Dots, Daniel D. Bradlow, Motoko Aizawa, Margaret Wachenfeld Jan 2018

International Financial Regulatory Standards And Human Rights: Connecting The Dots, Daniel D. Bradlow, Motoko Aizawa, Margaret Wachenfeld

Scholarly Articles in Law Reviews & Journals

This paper’s hypothesis is that the international standard setting bodies (SSBs) could improve the quality of their international standards by incorporating a human rights analysis. It focuses on five SSBs and seven of their international standards and its findings include the following: First, the standards all implicate the right of non-discrimination, and the rights to information, privacy and an effective remedy. Second, they each raises economic, social and cultural rights issues, including the obligation to allocate ‘maximum available resources’ to the progressive realization of economic, social and cultural rights; the human rights responsibilities of private actors exercising delegated regulatory authority, …


Rehabilitation In Article 14 Of The Convention Against Torture And Other Cruel, Inhuman, Or Degrading Treatment Or Punishment, Claudio Grossman, Nora Sevaass, Felice Gaer Jan 2018

Rehabilitation In Article 14 Of The Convention Against Torture And Other Cruel, Inhuman, Or Degrading Treatment Or Punishment, Claudio Grossman, Nora Sevaass, Felice Gaer

Scholarly Articles in Law Reviews & Journals

Persons exposed to torture have suffered serious attacks on their lives, relationships, health, and sense of dignity. The torture they experienced will remain a part of them even if they manage to move ahead and work through the pain. The destructive power of torture affects life on so many levels: mind and body, values and relationships, and the capacity for work and leisure. Providing opportunities to reconstruct lives after torture should be a priority in the international effort to prevent and prohibit torture. International recognition of the right to redress, including rehabilitation for all victims of torture and other cruel, …


Human Rights Protections In International Supply Chains—Protecting Workers And Managing Company Risk: 2018 Report And Model Contract Clauses From The Working Group To Draft Human Rights Protections In International Supply Contracts, Aba Section Of Business Law, David Snyder Jan 2018

Human Rights Protections In International Supply Chains—Protecting Workers And Managing Company Risk: 2018 Report And Model Contract Clauses From The Working Group To Draft Human Rights Protections In International Supply Contracts, Aba Section Of Business Law, David Snyder

Scholarly Articles in Law Reviews & Journals

This report and the model contract clauses that it contains are an effort to help companies provide legally effective and operationally likely human rights protections for workers in international supply chains. The report is the product of the Working Group to Draft Human Rights Protections in International Supply Contracts, which is a unit of the American Bar Association Business Law Section. After identifying the problems, such as human trafficking and factory collapses as well as developing compliance obligations under federal, state, and foreign law, the report explains the difficulty of drafting legally effective clauses. Most of the issues result from …


Criminalization And The Politics Of Migration In Brazil, Jayesh Rathod Jan 2018

Criminalization And The Politics Of Migration In Brazil, Jayesh Rathod

Scholarly Articles in Law Reviews & Journals

In May 2017, the government of Brazil enacted a new immigration law, replacing a statute introduced in 1980 during the country’s military dictatorship with progressive legislation that advances human rights principles and adopts innovative approaches to migration management. One of the most notable features of the new law is its explicit rejection of the criminalization of migration, and its promotion of efforts to regularize undocumented migrants. Although the law itself is new, the values embedded in the law reflect recent trends in Brazilian immigration policy, which has embraced legalization, and has generally resisted the use of criminal law to punish …


Microsoft Ireland, The Cloud Act, And International Lawmaking 2.0, Jennifer Daskal Jan 2018

Microsoft Ireland, The Cloud Act, And International Lawmaking 2.0, Jennifer Daskal

Scholarly Articles in Law Reviews & Journals

On March 23, President Trump signed the CLOUD Act, 1 thereby mooting one of the most closely watched Supreme Court cases this term: the Microsoft Ireland case. 2 This essay examines these extraordinary and fast-moving developments, explaining how the Act resolves the Supreme Court case and addresses the complicated questions of jurisdiction over data in the cloud. The developments represent a classic case of international lawmaking via domestic regulation, as mediated by major multinational corporations that manage so much of the world's data.


El Desafío De Interpretar El Derecho Internacional De Los Derechos Humanos Y El Derecho Internacional Humanitario, Sergio Alejandro Rea Granados Jan 2018

El Desafío De Interpretar El Derecho Internacional De Los Derechos Humanos Y El Derecho Internacional Humanitario, Sergio Alejandro Rea Granados

American University International Law Review

No abstract provided.


What If Goliath Killed David? The Coalition To Counter Isis And The Status And Responsibility Of Isis' Child Soldiers, Samantha Bradley Jan 2018

What If Goliath Killed David? The Coalition To Counter Isis And The Status And Responsibility Of Isis' Child Soldiers, Samantha Bradley

American University International Law Review

No abstract provided.


Two Is Better Than One: Systemic Integration Of International Humanitarian Law And International Human Rights Law To Boko Haram Conflict, Ogunnaike O. Taiwo Jan 2018

Two Is Better Than One: Systemic Integration Of International Humanitarian Law And International Human Rights Law To Boko Haram Conflict, Ogunnaike O. Taiwo

American University International Law Review

No abstract provided.


The Many And The Few: Clash Of Values Or Reasonable Accommodation?, Marta Cartabia Jan 2018

The Many And The Few: Clash Of Values Or Reasonable Accommodation?, Marta Cartabia

American University International Law Review

No abstract provided.


When United Nations Sanctions Impact International Financial Governance: Lessons From The Libyan Sovereign Wealth Fund, Dini Sejko, Daley J. Birkett Jan 2018

When United Nations Sanctions Impact International Financial Governance: Lessons From The Libyan Sovereign Wealth Fund, Dini Sejko, Daley J. Birkett

American University International Law Review

No abstract provided.


Bremaining In Vogue: The Impact Of Brexit On The Fashion Industry, Natalie Cuadros Jan 2018

Bremaining In Vogue: The Impact Of Brexit On The Fashion Industry, Natalie Cuadros

American University Business Law Review

No abstract provided.


The Contributions Of United Nations Security Council Resolutions To The Law Of Non-International Armed Conflict: New Evidence Of Customary International Law, Gregory H. Fox, Kristen E. Boon, Isaac Jenkins Jan 2018

The Contributions Of United Nations Security Council Resolutions To The Law Of Non-International Armed Conflict: New Evidence Of Customary International Law, Gregory H. Fox, Kristen E. Boon, Isaac Jenkins

American University Law Review

No abstract provided.


Jesner V. Arab Bank, Rebecca Hamilton Jan 2018

Jesner V. Arab Bank, Rebecca Hamilton

Scholarly Articles in Law Reviews & Journals

The exclusion of transnational human rights litigation from U.S. federal courts is, for most practical purposes, now complete. On April 24, 2018, the U.S. Supreme Court delivered a 5–4 ruling in Jesner v. Arab Bank, deciding that foreign corporations cannot be sued under the Alien Tort Statute (ATS).


The Full Protection And Security Standard In International Investment Law: What And Who Is Investment Fully[?] Protected And Secured From?, Nartnirun Junngam Jan 2018

The Full Protection And Security Standard In International Investment Law: What And Who Is Investment Fully[?] Protected And Secured From?, Nartnirun Junngam

American University Business Law Review

No abstract provided.


Racial Purges, Robert Tsai Jan 2018

Racial Purges, Robert Tsai

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Construction Of A Terrorist Under The Material Support Statute, 18 U.S.C § 2339b, Jordan E. Helton Jan 2018

Construction Of A Terrorist Under The Material Support Statute, 18 U.S.C § 2339b, Jordan E. Helton

American University Law Review

No abstract provided.


Legal Scholarship And External Critique In Eu Law, Fernanda Giorgia Nicola Dr., Daniela Caruso Jan 2018

Legal Scholarship And External Critique In Eu Law, Fernanda Giorgia Nicola Dr., Daniela Caruso

Contributions to Books

The propensity to engage in a sustained critique of EU law marbles several contributions in this Volume and certainly animates this chapter. This generally critical stance takes the present stage of legal Europeanization as a fact and aims to make full use of the possibilities for political and social justice it can currently support, but at the same time it decries its many structural and dynamic drawbacks. In doing so, this critical project borrows liberally from CLS without fear of misreading or misappropriation. Irreverence in this context is a feature, not a bug. The CLS toolkit is clearly useful to …


Building Victim-Led Coalitions In The Pursuit Of Accountability, Diane Orentlicher Jan 2018

Building Victim-Led Coalitions In The Pursuit Of Accountability, Diane Orentlicher

Scholarly Articles in Law Reviews & Journals

Assurances ofvictim participation in proceedings before the International Criminal Court and Extraordinary Chambers in the Courts of Cambodia have been seen as a welcome corrective to the flawed model of earlier tribunals. The first such tribunal created since the postwar period, the International Criminal Tribunal for the former Yugoslavia (ICTY), was established by the UN Security Council in May 1993 without even consulting those who survived the atrocities that gave rise to its creation, the majority of which took place in Bosnia-Herzegovina. Nor were victims formally incorporated into the ICTY's work except for those who provided testimony and other evidence. …


Inaccessible Apexes: Comparing Access To Regional Human Rights Courts And Commissions In Europe, The Americas, And Africa Symposium: Comparing Regional Human Rights Regimes, Claudia Martin, Francoise Hampson, Frans Vilijoen Jan 2018

Inaccessible Apexes: Comparing Access To Regional Human Rights Courts And Commissions In Europe, The Americas, And Africa Symposium: Comparing Regional Human Rights Regimes, Claudia Martin, Francoise Hampson, Frans Vilijoen

Scholarly Articles in Law Reviews & Journals

The three well-established regional human rights systems (in Europe, the Americas, and Africa) aim to provide access to individuals to a decision and remedy based on the violation of human rights in the founding treaties. In this article, the notion of the "dispute pyramid," developed in sociolegal studies, generally, is adjusted to describe and help us better understand regional access. Access differs considerably across the three systems, and its major stumbling blocks present themselves at different stages. In the European system, most cases are dismissed at the admissibility phase. In the Inter-American system, most cases are weeded out at the …


The Legal Regime Of Protection Of The Right To Freedom Of Expression In The Inter-American System, Claudio Grossman Jan 2018

The Legal Regime Of Protection Of The Right To Freedom Of Expression In The Inter-American System, Claudio Grossman

Contributions to Books

No abstract provided.