International Law Commons^™

Synthesis Theorization, Gauri Pillai

Denver Journal of International Law & Policy

Finding a space for reproductive rights within constitutions that are silent on them has been a perennial challenge. Most common responses fall into one of three categories. First, reading them into the right to privacy (or liberty). Second, and more recently, eschewing privacy and turning to the right to equality. And third, and most comprehensively, adding or combining privacy and equality. I argue that while rights addition avoids the need to choose between privacy and equality in framing reproductive rights, it falls short of capturing the intertwined lived reality of rights infringement. I source from within Indian constitutional law a …

Exploiting Vulnerability: Human Trafficking As A Tool Of Genocide, Madison Bryant

Undergraduate Theses, Capstones, and Recitals

This thesis examines the relationship between human trafficking and genocide, arguing that when trafficking is used with the intent to destroy a targeted group, it should be understood and prosecuted as an act of genocide. While international law traditionally treats genocide and human trafficking as distinct crimes, historical and contemporary evidence reveals significant overlap in their mechanisms, motivations, and outcomes. Through a thematic analysis of three case studies, this research demonstrates how trafficking has been systematically employed to further genocidal objectives, including displacement, exploitation, cultural erasure, and the destruction of communities. The case studies are the genocide of Indigenous peoples …

Every 66 Hours. Dead Or Disappeared. A Colonial Gendered Lens On Genocide: Case Study On Canada's Genocide Against Indigenous Women, Girls, And 2slgbtqqia People, Megan Uren

Denver Journal of International Law & Policy

Genocide is happening today, and it will be happening tomorrow. It is not yet time to tell volunteers to stop dredging the Red River for dead bodies of Indigenous women and girls nor time for red dresses to stop being hung on the Highway of Tears. There are dead bodies in the water. There are missing bodies who were taken along wooded highways...

This article evaluates the current rates of violence against Indigenous women in Canada within (1) the greater context of an ongoing colonial genocide against Indigenous peoples and (2) with a narrow-gendered lens on women. First, I will …

Foreword, Ved P. Nanda

Denver Journal of International Law & Policy

No abstract provided.

Challenging The Limitations Of Asserting Jurisdiction: A Case Study Of The South China Sea, Joshua Villanueva

Electronic Theses and Dissertations

The South China Sea dispute challenges the future development of maritime legal order and international law. China’s behavior in the South China Sea challenges widely accepted rules governing maritime jurisdiction worldwide as it tries to expand the limits of its jurisdiction. In China’s view, the Arbitral Tribunal in Philippines v. China also challenged the jurisdiction of the UNCLOS by taking a highly political issue related to sovereignty. This thesis argues that mere rhetorical rejection of China’s actions in the South China Sea will not determine the resolution of the dispute. China’s behavior will be dependent on striking the right balance …

Vol. 48, No. 1: Full Issue, Denver Journal Of International Law & Policy

Denver Journal of International Law & Policy

No abstract provided.

An Economic Analysis Of Cyber Warfare Governance Models, Kevin M. Kelleher

Electronic Theses and Dissertations

Allusions to death delivered by bits and bytes have been in vogue since the Reagan administration. Yet, as the internet and its connected devices have since proliferated, cyber violence remains far more fiction than fact. Nevertheless, prominent U.S. officials have all but assured the eventuality of a devastating attack. In anticipation, political, legal, and industry experts are now seeking to codify and inculcate international norms to govern acts of war prosecuted via cyberspace. Two of the most prominent governance models to emerge are the Tallinn Manual and Microsoft’s Digital Geneva Convention. The driving thesis of this research argues that within …

“Everything Is At Stake If Norway Is Sentenced. In That Case, We Have Failed”: Solitary Confinement And The “Hard” Cases In The United States And Norway, Laura L. Rovner

Sturm College of Law: Faculty Scholarship

While the harms caused by solitary confinement and its overuse in American prisons have gained increased recognition over the last decade, most states and the federal government maintain that extensive solitary confinement is both necessary and appropriate for those people deemed “the worst of the worst.” As a result, many of those who have been so labeled have languished in solitary confinement for years or even decades. With limited exceptions, they are there with the blessing of the federal courts, which have generally held that even very lengthy periods of solitary confinement do not violate the Eighth Amendment’s Cruel and …

Table Of Contents, Denver Journal Of International Law & Policy

Denver Journal of International Law & Policy

No abstract provided.

Title Page, Denver Journal Of International Law & Policy

Denver Journal of International Law & Policy

No abstract provided.

Regulatory Coherence And Standardization In The Trans-Pacific Partnership, Phoenix X.F. Cai

Sturm College of Law: Faculty Scholarship

This article posits a new taxonomy and framework for assessing regulatory coherence in the new generation of mega-regional, cross-cutting free trade agreements. Using the Trans-Pacific Partnership as the primary example, this article situates the rise of regulatory coherence within the current trade landscape, provides clear definitions of regulatory coherence, and argues that the real engine of regulatory coherence lies in the work of international standard setting organizations. This work has been little examined in the current literature. The article provides a detailed examination of the mechanics by which the Trans-Pacific Partnership promotes regulatory standardization and concludes with some normative implications …

Keynote: Encouraging This Particular Form Of (Very Fun) Madness - Roles For Deans & Faculty Members, Martin J. Katz, Phoenix X.F. Cai

Sturm College of Law: Faculty Scholarship

This keynote address discusses the ways in which faculty and administrators can facilitate experiential learning in transactions classes.

The Right To Food Under Hugo Chávez, Rhoda E. Howard-Hassmann

Human Rights & Human Welfare

This article investigates the right to food in Venezuela under President Hugo Chávez (1999-2013). It argues that although Chávez respected the right of (especially poor) Venezuelans to food, he failed to protect that right at the same time as he tried to fulfill it. In the short term, he fulfilled the right to food by establishing state-run stores where food could be purchased at a substantial discount, and by imposing price controls on food. At the same time, however, he reduced the supply of food by undermining property rights, expropriating large-scale farms and ranches as well as some wholesale and …

Trading With Foreigners: An Interdisciplinary Analysis Of China’S Core Interests In Trade And Foreign Policy, Phoenix X.F. Cai

Sturm College of Law: Faculty Scholarship

This article takes an interdisciplinary approach by drawing on political science, international relations, and legal global governance literatures to explain how China’s foreign policy impacts and guides its trade policy, which is manifested in the three core interests. The article makes the case that the core interest analysis holds promising explicative, predictive, persuasive, and coalition-building value in the arenas of global trade policy and dispute settlement.

This article proceeds in five main parts. Part II traces the contours of China’s three core interests in action, both in the domestic and international spheres. While not purporting to be exhaustive, it takes …

Leaving A Legacy, Walter Lotze

Human Rights & Human Welfare

The ongoing conflict in Somalia, and the complexities that come with finding lasting solutions to a conflict that has raged for decades now, continue to perplex the international community. While a range of previously tried and tested approaches to conflict management are being applied, it is becoming apparent that the international toolkit for responding to conflict situations of such complexity is extremely limited. Indeed, as one international conference after another on Somalia takes place, compacts are signed and funding windows established, old frameworks are abandoned and new ones are forged, and roadmap after roadmap pave the way for further engagement, …

Somali Battlegrounds: On Interest And Accountability, Ines Mzali

Human Rights & Human Welfare

In the wake of the latest and deadliest of Al-Shabab's attacks in Kenya since Kenyan troops entered Somalia in October 2011, Ben Rawlence reiterates the question raised anew by each attack: "What is Kenya doing in Somalia and is it worth the price?" The question leads him to explore the contradiction between the official objectives of the mission and Kenya's particular motivations to launch an offensive of its own. This problematic discrepancy also draws attention to the question of accountability when violations of international humanitarian law have occurred in the context of a military operation by a neighboring country and …

Fall Roundtable: Africa And Human Rights, Introduction

Human Rights & Human Welfare

An annotation of:

“Kenya’s Somali Contradiction” Ben Rawlence. Project Syndicate. September 30, 2013.

The Ethics Of ‘Responsibility While Protecting’: Brazil, The Responsibility To Protect, And Guidelines For Humanitarian Intervention, James Pattison

Human Rights & Human Welfare

In the aftermath of the NATO intervention in Libya, the responsibility to protect (RtoP) doctrine has received considerable blowback. Various states, most notably some of the ‘BRICS’ states (Brazil, Russia, India, China, and South Africa), claimed that NATO exceeded its mandate given to it by United Nations Security Council (UNSC) Resolution 1973 (by allegedly focusing on regime change rather than on the protection of civilians), was inappropriate in its target selection, violated the arms embargo by transferring arms to rebels, and generally caused too much harm to civilians and civilian infrastructure.1 It was also suggested that the UK, US, and …

January Roundtable: Responding To The Syrian Crisis, Introduction, Claudia Fuentes Julio

Human Rights & Human Welfare

An annotation of:

“The World Next Genocide” by Simon Adams. New York Times, November 2012.

and

“Syria is Central to Holding Together the Mideast” by Condoleezza Rice. Washington Post, November 2012.

Syrians Crushed Between Humanitarianism And Realism, Philip Cunliffe

Human Rights & Human Welfare

With the UN High Commissioner for Refugees announcing early this year that the war in Syria may have claimed as many as 60,000 lives, two op-eds published late in 2012 usefully exemplify two contrasting frames that have thus far dominated international responses to the conflict—namely, the humanitarian frame and the geopolitical frame. Yet despite the apparent contrasts between these two frameworks, both reflect a similar contempt for the Syrian people and their right to self-determination. The humanitarian framing of the conflict emphasizes the scale of human suffering and the need to alleviate it, while the geopolitical frame accentuates political interests …

Syria: Not Libya, But Let’S Treat It Like It Is Anyway, Eric A. Heinze

Human Rights & Human Welfare

The articles by Condoleezza Rice and Simon Adams advance a series of disquieting possibilities for the future of Syria if the US and other states fail to act. While I am sympathetic to the urgency with which both writers advance their claims, there is much strained and stretched logic—as well as outright naiveté—in both authors' arguments, especially Rice's.

After Assad: Syria’S Post-Conflict Reconstruction, H. M. Roff

Human Rights & Human Welfare

Simon Adams and Condoleezza Rice warn us that with the portended fall of Syria's Bashar al-Assad, the country could witness even more heinous crimes and, potentially, regional political fallout. These worries are not unfounded. However, what seems to be truly missing in their discussions is any mention of post-conflict reconstruction planning. This is unfortunate, as much handwringing is still occurring over "what to do" in Syria, and it will continue until there is a clear vision of what to do after this civil war. Syria's post-conflict reconstruction plan is—or should be—inherently tied to its current operational agenda.

Myths About Syria, James Pattison

Human Rights & Human Welfare

In my contribution, I want to focus on five fallacious claims and arguments that have been presented about the conflict in Syria. (Please note that this piece was written in Dec 2012).

Corruption And Human Rights: Exploring The Relationships, Berihun Adugna Gebeye

Human Rights & Human Welfare

Corruption is a global phenomenon which every society faces though its degree of severity varies from country to country. Despite its long history, there is no single universally agreed upon definition of corruption. Moreover, its causes, forms and impacts are diverse and multi-faceted. Understanding corruption by itself is a complex undertaking. However, it is agreed that corruption is inimical to public administration, undermines democracy, degrades the moral fabrics of the society and violates human rights. The pain of corruption touches all the human family but it disproportionately affects the vulnerable sections of the society. It reinforces discrimination, exclusion and arbitrariness. …

Politics As Usual At The Un: Implementing Pillar Three Of Rtop, Eric A. Heinze

Human Rights & Human Welfare

UN Secretary-General Ban Ki-Moon's most recent report on RtoP seeks to evaluate the various ways that Pillar Three of RtoP can be implemented. As anyone familiar with RtoP is aware, the commitment is understood to have three separate but interrelated pillars. The first pillar says that states have the primary responsibility to protect their own citizens from genocide, war crimes, crimes against humanity, and ethnic cleansing. Pillar Two says that the international community should assist states in fulfilling this responsibility, while Pillar Three says that if the state fails in its primary responsibility to protect its citizens from these crimes, …

“The Rtop And Responsibility While Protecting: The Secretary-General’S Timely And Decisive Report On Timely And Decisive Responses”, James Pattison

Human Rights & Human Welfare

The United Nations Secretary-General's report on pillar three of the responsibility to protect (RtoP), "Responsibility to Protect: Timely and Decisive Response," is the most interesting, timely, and decisive of his four reports thus far on the RtoP. To start with, the subject matter of pillar three – the international community's potentially coercive responses to humanitarian crises, including humanitarian intervention – is the most controversial part of the RtoP doctrine and the area that has attracted the most criticism from skeptics. Previous reports, such as Implementing the Responsibility to Protect(2009), gave pillar three, and humanitarian intervention in particular, fairly short shrift, …

Strategies & Decisiveness: What Is Implied By A “Timely And Decisive Response” For Rtop Situations, H. M. Roff

Human Rights & Human Welfare

Reflecting upon United Nations Secretary-General Ban Ki-moon's recent report concerning the third pillar of the Responsibility to Protect (RtoP), on the "timely and decisive response," two items become clear to me. First is that the third pillar is inherently coercive in nature, even though the report and many RtoP pundits stress that it entails more than merely sanctioning the use of force. Second is that this is unsurprising if we recall that the purpose of RtoP is to ensure the protection of particular human rights (rights against: genocide, war crimes, crimes against humanity, and ethnic cleansing) and that having a …

October Roundtable: Un Secretary-General Report On “Responsibility To Protect: Timely And Decisive Response”, Introduction, Claudia Fuentes Julio

Human Rights & Human Welfare

An annotation of:

“Responsibility to Protect: Timely and Decisive Response” Ban Ki-moon, July 2012.

Responsibility To Regulate: How The ‘Responsibility To Protect’ Expands State Power, Philip Cunliffe

Human Rights & Human Welfare

Like most UN reports, particularly those concerned with the doctrine of the "responsibility to protect" (RtoP), the latest report of the UN Secretary-General is filled with plenty of pious guff mixed in with the platitudes that engulf UN diplomacy. But buried within the blathering are also some disturbing prescriptions for how the UN envisages rolling out RtoP around the world. I want to draw attention to three specific points in order to consider what these tell us about RtoP as a political model. First, I will look at the treatment of media and speech in the report; second, how the …

“Seeking Justice, Strategically”, Joel R. Pruce

Human Rights & Human Welfare

In his opinion piece, Ian Paisley takes to task the International Criminal Court (ICC) for, as he sees it, intervening in domestic processes of reconciliation at the expense of long-term prospects for peace. The "peace versus justice" paradox is not a new one and Paisley expresses a common criticism of justice mechanisms as disruptive of post-conflict, societal healing and the overwhelming hurdle of governing in the aftermath of violence. Missing from his analysis is a broader understanding of trends in international justice and accountability, of which the ICC is only one component. While the ICC is certainly not immune from …