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Sustainable Development Law & Policy

No abstract provided.

Inside The Arbitrator's Mind, Susan Franck

Scholarly Articles in Law Reviews & Journals

Arbitrators are lead actors in global dispute resolution. They are to global dispute resolution what judges are to domestic dispute resolution. Despite its global significance, arbitral decision making is a black box. This Article is the first to use original experimental research to explore how international arbitrators decide cases. We find that arbitrators often make intuitive and impressionistic decisions, rather than fully deliberative decisions. We also find evidence that casts doubt on the conventional wisdom that arbitrators render “split the baby” decisions. Although direct comparisons are difficult, we find that arbitrators generally perform at least as well as, but never …

Beyond A Flawed Trial: Icc Failures To Ensure International Standards Of Fairness In The Trials Of Former Libyan Regime Members, Mark S. Ellis

American University International Law Review

No abstract provided.

Democracy Clauses In The Americas: The Challenges Of Venezuela's Withdrawal From The Oas, Antonio F. Perez

American University International Law Review

No abstract provided.

The Investment-Related Aspects Of Intellectual Property Rights, Peter K. Yu

American University Law Review

No abstract provided.

The Persuasive Authority Of Internationalized Criminal Tribunals, Elena Baylis

American University International Law Review

No abstract provided.

Challenges And New Frontiers: National Courts As The Frontline Of International Law, Margaret Mckeown

American University International Law Review

No abstract provided.

The Dos And Don's Of Federal Constitutions: A Case Study On Yemen, Ayat Mujais

American University International Law Review

No abstract provided.

Civil War Time: From Grotius To The Global War On Terror, David Armitage

American University International Law Review

No abstract provided.

Japan's Failure To Protect Japanese-American Children From International Parental Kidnapping In Violation Of The Hague Convention On Child Abduction, Tarja Cajudo

American University International Law Review

No abstract provided.

The E—2 Treaty Investor Visa Dilemma: Violations Of Law And Limitations On Foreign Investment, Tiana J. Cherry

American University Business Law Review

No abstract provided.

Globalizing User Rights-Talk: On Copyright Limits And Rhetorical Risks, Carys J. Craig

American University International Law Review

No abstract provided.

From Law Versus Politics To Law In Politics: A Pragmatist Assessment Of The Icc's Impact, Geoff Dancy, Florencia Montal

American University International Law Review

No abstract provided.

Criminal Prosecution Of Un Peacekeepers: When Defenders Of Peace Incite Further Conflict Through Their Own Misconduct, Shayna Ann Giles

American University International Law Review

No abstract provided.

Blood Antiquities: Addressing A Culture Of Impunity In The Antiquities Market, Paul Williams, Christin Coster

Scholarly Articles in Law Reviews & Journals

For decades, parties to conflicts have used the cover of war to destroy and loot cultural property and antiquities for financial gain and symbolic victory. The “blood antiquities” excavated in conflict areas and sold mostly in western markets fuel not only continued conflict, but also (as in cases such as Syria and Iraq) terrorism that can reach around the world. The culture of impunity for both buyers and sellers of antiquities allows the blood-antiquities trade to thrive.

A robust international legal framework does exist to ensure accountability for the destruction of cultural heritage. Because looting is a major cause of …

Exploring The Intersections Between International And Domestic Justice Efforts, Susana Sacouto

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Using Global Migration Law To Prevent Human Trafficking, Janie Chuang

Scholarly Articles in Law Reviews & Journals

Our understanding of human trafficking has changed significantly since 2000, when the international community adopted the first modern antitrafficking treaty-the UN Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children (Trafficking Protocol).' Policy attention has expanded beyond a near-exclusive focus on sex trafficking to bring long-overdue attention to nonsexual labor trafficking. That attention has helped surface how the lack of international laws and institutions pertaining to labor migration can enable-if not encourage -the exploitation of migrant workers. Many migrant workers throughout the world labor under conditions that do not qualify as trafficking yet suffer significant rights …

Academy On Human Rights And Humanitarian Law Articles And Essays On Extractive Industries And Human Rights: Introduction, Claudia Martin, Diego Rodriguez-Pnzon

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 2016 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.

Using A Shield As A Sword: Are International Organizations Abusing Their Immunity?, Daniel D. Bradlow

Scholarly Articles in Law Reviews & Journals

The starting point for this paper is that IOs are as subjects of international law. Since IOs do not control territory or a population and so always operate within the jurisdiction of one of their member states, they are vulnerable to interference by their member states. In order to mitigate this risk, IOs have been granted qualified immunity, usually referred to as functional immunity, from the jurisdiction of their member states. For most of the twentieth century, this grant of functional immunity made sense for two reasons.

First, the founding states envisaged that IOs would have limited capacity to act …

A Legal Perspective On Yemen's Attempted Transition From A Unitary To A Federal System Of Government, Paul Williams, Tiffany Sommadossi, Ayat Mujais

Scholarly Articles in Law Reviews & Journals

Yemen's 2013-2014 National Dialogue Conference paved the way for Yemen to transition from a unitary to federal system of government. This is a common trajectory for States emerging from conflict as federalism offers the hope for greater democratic governance and inclusivity. Nevertheless, there is a danger in assuming that there is an ideal federal model to emulate or that federalism is itself a guaranteed remedy for political dysfunction and authoritarianism. Transitioning to federalism is an arduous, expensive, and technically complicated process. Such transitions can also renew conflict if, prior to the drafting of the federal constitution, key issues related to …

Luxembourg Judicial Style With Or Without The Uk, Fernanda Nicola

Scholarly Articles in Law Reviews & Journals

“Were the Court to leave the world, the world would continue without our participation,” 1 writes Justice Breyer to explain that global constitutionalism will survive regardless of the more or less isolationist role that the US Supreme Court chooses for itself. In an era of increasing relevance of international treaties, Breyer explains, the Supreme Court has acquired a deeper knowledge of other legal systems and its judges welcome exchanges with foreign judges, bar associations and students.2 The parallel with the US context is that even if the United Kingdom leaves the EU and “Brexit means Brexit,” in its harder or …

Exploring The Intersections Between International And Domestic Justice Efforts, Susana Sacouto

American University International Law Review

No abstract provided.

Promoting Domestic Accountability For Conflict-Related Sexual Violence: The Cases Of Guatemala, Peru, And Colombia, Daniela Kravetz

American University International Law Review

No abstract provided.

On The Civil-Ness Of Civil War: A Comment On David Armitage's Civil War Time, Mary Dudziak

American University International Law Review

No abstract provided.

The European Monetary Union: A Hard Test For The Rule Of Law Within The Eu Legal System, Francesco Munari

American University International Law Review

No abstract provided.

Judges As Diplomats In Advancing The Rule Of Law: A Conversation With President Koen Lenaerts And Justice Stephen Breyer, Koen Lenaerts, Stephen Breyer

American University Law Review

No abstract provided.

Building Prevention To Protect: The Inter-American Human Rights System, Diego Rodriguez-Pinzon

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Conceptions Of Justice From Below: Distributive Justice As A Means To Address Local Conflicts In European Law And Policy, Fernanda Giorgia Nicola Dr.

Contributions to Books

The impact of European Union (EU) law and policy on social groups has been examined in important scholarly work on European Law. Mainstream European legal scholarship, however, makes seldom use of a ‘law and society’ methodology, committed to an understanding of law, its internal logic and its practice yet influenced by external political and social forces. By means of two different theoretical perspectives, American legal realism and Amartya Sen’s idea of comparative justice, this chapter focuses on the impact of European decision-making on social groups and local actors embracing different conceptions of justice from below. Lawyers, judges and policy-makers in …

Indefinite Detention, Deadly Conditions: How Brazil's Notorious Criminal Justice System Violates The International Covenant On Civil And Political Rights, Layla Medina

American University International Law Review

No abstract provided.

Busqueda De Consensos Sobre Empresas Y Derechos Humanos: Hacia Un Instrumento Internacional Vinculante, Juan Ruiz Galan

American University International Law Review

No abstract provided.