International Law Commons^™

Conflating Politics And Development? Examining Investment Treaty Arbitration Outcomes, Susan Franck

Scholarly Articles in Law Reviews & Journals

International dispute settlement is an area of ongoing evaluation and tension within the international political economy. As states continue their negotiations for the Trans-Pacific Partnership (TPP) and the Transatlantic Trade and Investment Partnership (TTIP), the efficacy of international arbitration as a method of dispute settlement remains controversial. Whereas some sing its praises as a method of protecting private property interests against improper government interference, others decry investment treaty arbitration (ITA) as biased against states. The literature has thus far not disentangled how politics and development contribute to investment dispute outcomes. In an effort to control for the effect of internal …

The U.N. Committee Against Torture And Eradication Of Torture In Health Care Settings, Claudio Grossman

Research Reports & White Papers

This article explains that the United Nations Committee against Torture (hereinafter “the Committee”) has played a significant role in addressing the serious problem of torture in health care settings. In particular, the Committee’s Concluding Observations and Recommendations under Article 19 of the Convention against Torture have been an important tool in this area. The Committee has used these means to remind States parties of their obligation to provide adequate health care for persons held in detention centers and prisons, to address abuses and poor conditions in mental health institutions and psychiatric facilities, and to denounce the practice of punishing or …

Pride And Prejudiced: Russia’S Anti-Gay Propaganda Law Violates The European Convention On Human Rights, Stephan Polsdofer

American University International Law Review

No abstract provided.

Biting The Hands That Feed: Corporate Charity And The U.S. Foreign Corrupt Practices Act, Reagan R. Demas

American University International Law Review

No abstract provided.

Canada’S Corruption Of Foreign Public Officials Act And Secret Commissions Offense, Stuart H. Deming

American University International Law Review

No abstract provided.

Myanmar And The Dodd-Frank Whistleblower “Bounty”: The U.S. Foreign Corrupt Practices Act And Curbing Grand Corruption Through Innovative Action, Mark V. Vlasic, Peter Atlee

American University International Law Review

No abstract provided.

Rethinking The International Anti-Corruption Agenda: Civil Society, Human Rights And Democracy, John M. Ackerman

American University International Law Review

No abstract provided.

Rights, Privileges, Legitimate Interests, And Justifiabilty: Article 20 Of Trips And Plain Packaging Of Tobacco, Mark Davison, Patrick Emerton

American University International Law Review

No abstract provided.

The Three-Step-Test Revisited: How To Use The Test’S Flexibility In National Copyright Law, Christophe Geiger, Daniel J. Gervais, Martin Senftleben

American University International Law Review

No abstract provided.

Heated Skirmishes In The Solar Sector: Do Solar-Pv Feed-In Tariffs Constitute Trade-Related Investment Measures And Subsidies Prohibited Under The Wto Regime?, Matthew D'Orsi

American University International Law Review

No abstract provided.

Prologue, Claudio Grossman

American University International Law Review

No abstract provided.

El Principio De Igualdad Y No Discriminación Como Límite Al Margen De Apreciación En El Reconocimiento Del Matrimonio Entre Personas Del Mismo Sexo, Amaury A. Reyes-Torres

American University International Law Review

No abstract provided.

El Tribunal Europeo De Derechos Humanos Y Su Respuesta Al Reto De La Transexualidad: Historia De Un Cambio De Criterio, Susana Sanz-Caballero

American University International Law Review

No abstract provided.

Niñas, Niños Y Adolescentes Lgbti Como Sujetos De Derecho Frente Al Hostigamiento Escolar, Lucas Ramón Mendos

American University International Law Review

No abstract provided.

The Right To Family Life Free From Discrimination On The Basis Of Sexual Orientation: The European And Inter-American Perspectives, Nadia Melehi

American University International Law Review

No abstract provided.

The Legitimacy Of Spying Among Nations, Raphael Bitton

American University International Law Review

No abstract provided.

An Arab Winter: Threats To The Right To Protest In Transitional Societies, Such As Post-Arab Spring Egypt, Tara Vassefi

American University International Law Review

No abstract provided.

The Criminalization Of Bribery: Can The Foreign Corrupt Practices Act Be Applicable To The Anti-Bribery Provisions Of The United Nations Convention Against Corruption?, Sarah Shulman

American University International Law Review

No abstract provided.

Do Ask, Do Tell: Where Is The Protection Against Sexual Discrimination In International Human Rights Law?, Kerstin Braun

American University International Law Review

No abstract provided.

The Accepted Transsexual And The Absent Transgender: A Queer Reading Of The Regulation Of Sex/Gender By The European Court Of Human Rights, Damian A. Gonzalez-Salzberg

American University International Law Review

No abstract provided.

Unionizing The Contingent Workforce: Squaring The Nlrb’S 2004 Decision In Oakwood Care Center With The United States’ Obligations As A Signatory To The International Labour Organization, Nolan J. Lafler

American University International Law Review

No abstract provided.

Adapting The Law Of Armed Conflict To Autonomous Weapon Systems, Kenneth Anderson, Daniel Reisner, Matthew Waxman

Scholarly Articles in Law Reviews & Journals

As increasingly automated – and in some cases fully autonomous – weapon systems enter the battlefield or become possible, it is important that international norms to regulate them head down a path that is coherent and practical. Contrary to the claims of some advocates, autonomous weapon systems are not inherently illegal or unethical. The technologies involved potentially hold promise for making armed conflict more discriminating and causing less harm on the battlefield. They do pose important challenges, however, with regard to law of armed conflict rules regulating the use of weapons. Those challenges demand international attention and special processes for …

Regulation 55 And The Rights Of The Accused At The International Criminal Courts, Susana Sacouto, Katherine Cleary Thompson

Scholarly Articles in Law Reviews & Journals

No abstract provided.

The Protection Of Geographical Indications In The Inter-American Convention, Christine Farley

Scholarly Articles in Law Reviews & Journals

The international community is currently deeply divided over the appropriate level of protection for Geographical Indications (“GIs”). This conflict has recently come to a head in the negotiations over the Transatlantic Trade and Investment Partnership Agreement (TTIP). GIs receive extensive protections within the European Union (EU) that go beyond international standards, while the United States is generally opposed to strengthening existing international GI protections. Given its current stance, it is remarkable that the US has since 1929 been bound by a little known international convention that ensures strong protection of GIs. Since that date, the US has been a member …

The Protection Of Geographical Indications In The Inter-American Convention, Christine Haight Farley

Scholarly Articles in Law Reviews & Journals

The international community is currently deeply divided over the appropriate level of protection for Geographical Indications (“GIs”). This conflict has recently come to a head in the negotiations over the Transatlantic Trade and Investment Partnership Agreement (TTIP). GIs receive extensive protections within the European Union (EU) that go beyond international standards, while the United States is generally opposed to strengthening existing international GI protections.

Given its current stance, it is remarkable that the US has since 1929 been bound by a little known international convention that ensures strong protection of GIs. Since that date, the US has been a member …

The G20 And Africa: A Critical Assessment, Daniel D. Bradlow

Scholarly Articles in Law Reviews & Journals

The increased globalisation over the last 20 years has made effective global economic governance more important than ever. This period has witnessed the rise of a number of new international governance actors, such as the Group of Twenty (G-20) and the Financial Stability Board. The paper proposes a five-part test to evaluate how the existing global governance actors serve the interests of all stakeholders in the global economy.

The test is based on five factors indicating good global governance. These are the goals relating to global economic governance being followed by the governance entity, respect for applicable international legal principles, …

Foreword, The Future Of International Criminal Justice, Claudio Grossman

Scholarly Articles in Law Reviews & Journals

International criminal law attempts to sanction crimes that have a global nature and impact. After World War II, the international community came together to begin addressing important international issues, including preventing future war and non-war related atrocities and crimes. From the International Military Tribunals established in the wake of World War II to the world's first permanent International Criminal Court (ICC), a number of international bodies, treaties, and statutes have been formed in an effort to effectively administer criminal justice on an international level. Yet the administration and application of international criminal justice has faced significant hurdles and there are …

Implementing Human Rights In Closed Environments Through The United Nations Convention Against Torture, Claudio Grossman

Scholarly Articles in Law Reviews & Journals

Closed environments pose a major challenge to the full and effective implementation of human rights norms and conventions. However, many conventions contain mechanisms that can be used to further advance implementation of human rights in those closed environments. The United Nations Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (the Convention) has several mechanisms in place that play an important role in enforcing and implementing human rights obligations. Along with the creation of a supervisory organ, the Committee against Torture (the Committee), the Convention provides a framework for: State Party reporting and concluding observations (COBs) under …

Civil Consequences Of Corruption In International Commercial Contracts, Padideh Ala'i

Scholarly Articles in Law Reviews & Journals

The United States legal system seeks to prevent and prohibit bribery and corruption through a myriad of laws, regulations and policies. Anti-corruption jurisprudence is more developed in the context of public sector contracts where the United States criminalizes bribery of public officials through 18 U.S.C. §201 (Bribery of Public Officials and Witnesses). In addition, the United States was the first country to criminalize bribery of foreign government officials in 1977 with the passage of the Foreign Corrupt Practices Act (FCPA). The FCPA has since been amended to comply with the adoption of the OECD Convention on Combating Bribery of Foreign …

The Most Important Cases Of The Inter-American Commission On Human Rights, Richard Wilson

Scholarly Articles in Law Reviews & Journals

The Inter-American Commission of Human Rights (IACHR), together with its companion body, the Inter-American Court of Human Rights (IACtHR), are autonomous organs of the Organization of American States (OAS). The IACHR promotes and protects human rights in the Western Hemisphere. Created by the OAS in 1959, the Commission has its headquarters in Washington, D.C. Together with the Court, established in 1979 in San Jose, Costa Rica, the Commission has emerged as a model of international human rights and humanitarian law, as well as of individual rights.Since its inception, the Commission has made extraordinary progress. Through its 55-year history, it has …