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Articles 31 - 60 of 323
Full-Text Articles in International Law
International Child Law And The Settlement Of Ukraine-Russia And Other Conflicts, Diane Marie Amann
International Child Law And The Settlement Of Ukraine-Russia And Other Conflicts, Diane Marie Amann
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The Ukraine-Russia conflict has wreaked disproportionate harms upon children. Hundreds reportedly were killed or wounded within the opening months of the conflict, thousands lost loved ones, and millions left their homes, their schools, and their communities. Yet public discussions of how to settle the conflict contain very little at all about children. This article seeks to change that dynamic. It builds on a relatively recent trend, one that situates human rights within the structure of peace negotiations, to push for particularized treatment of children’s experiences, needs, rights, and capacities in eventual negotiations. The article draws upon twenty-first century projects that …
Journeys Through Space And Time While Reading International Law And The Politics Of History, Found On A Palimpsest, Translated For You, The Reader, Harlan G. Cohen
Journeys Through Space And Time While Reading International Law And The Politics Of History, Found On A Palimpsest, Translated For You, The Reader, Harlan G. Cohen
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I was invited to a symposium on Anne Orford’s book, International Law and the Politics of History. On my way there, my mind wandered, and I found myself lost in a forest of half-remembered stories and unfinished thoughts. Searching for a way out, this is what I discovered.
Why Conflict Between International Economic And Rights-Based Governance Is Inevitable, Desiree Leclercq
Why Conflict Between International Economic And Rights-Based Governance Is Inevitable, Desiree Leclercq
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International organizations mandated to govern social rights are colliding with international organizations mandated to govern economic development. While disagreeing with the nature of fragmentation and conflict across international organizations, legal and social science scholars offer various proposals to unify global governance. Those proposals assume that unification will come naturally. That assumption is wrong.
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/="/">The distinct legal instruments that govern and control international organizations render conflict inevitable and unification improbable. By closely examining the pandemic-related activities carried out by the International Labor Organization, the World Bank, and the International Monetary Fund in the same 41 countries, the implications of …
Outsourcing Enforcement, Desiree Leclercq
Outsourcing Enforcement, Desiree Leclercq
Scholarly Works
International organizations often outsource the enforcement of international law to their member states. The International Labor Organization (ILO), for instance, has neither its own adjudicative body nor an internal system of sanctions. Instead, the ILO’s maritime rules authorize states to impose costly retributive measures against noncompliant states. Conventional scholars are optimistic that these kinds of authorizations will strengthen otherwise toothless international law. During the COVID-19 pandemic, however, states neither followed nor enforced the ILO’s rules, harming hundreds of thousands of seafarers in the process.
Where has international law gone wrong? Challenging the conventional view, this Article unearths the state-centric drawbacks …
Invisible Workers, Desiree Leclercq
Invisible Workers, Desiree Leclercq
Scholarly Works
In the parable, The Emperor Has No Clothes, an emperor walks naked through a public procession, assured by his own pride and vain advisors that he was wearing a magnificent robe visible only to the smart and worthy. Like the emperor, governments imagine that they have cloaked international economic law in a new “worker-centered” trade policy. This essay explains how their efforts have merely exposed the deficits in international economic law. They have failed to account for asymmetries between capital and labor and hierarchies between sectors of workers. They also exclude the voices of the world's most vulnerable workers—particularly those …
Metaphors Of International Law, Harlan G. Cohen
Metaphors Of International Law, Harlan G. Cohen
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This chapter explores international law in search of its hidden and not-so-hidden metaphors. In so doing, it discovers a world inhabited by states, where rules are mined or picked when ripe, where trade keeps boats forever afloat on rising tides. But is also unveils a world in which voices are silenced, inequality is ignored, and hands are washed of responsibility.
International law is built on metaphors. Metaphors provide a language to describe and convey the law’s operation, help international lawyers identify legal subjects and categorize situations in doctrinal categories, and provide normative justifications for the law. Exploring their operation at …
Environmental Protection And Human Rights In The Pandemic, Maria Antonia Tigre, Sarah C. Slinger, James R. May
Environmental Protection And Human Rights In The Pandemic, Maria Antonia Tigre, Sarah C. Slinger, James R. May
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The Covid-19 outbreak in 2020 took the world by surprise. The virus spread quickly around the globe and death tolls were constantly on the rise at early stages of the pandemic. Although vaccine rollouts have helped halt the number of deaths, inequality in accessing vaccines and effective treatments is still a major issue. From the onset, Covid-19 negatively impacted global well-being and myriad human rights. The present report examines how environmental protection and related human rights have been affected by the Covid-19 pandemic. Based on link between environmental and human health, this report focuses on ecological human rights. The report …
On Command, Diane Marie Amann
On Command, Diane Marie Amann
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By reference to the Lieber Code and other sources, this essay emphasizes the history of responsibility underlying the doctrine of command responsibility, and further criticizes developments that seem to have intermingled that doctrine with what are called “modes of liability. The essay urges that consideration of commander responsibility stand apart from other such “modes,” and cautions against a jurisprudence that raises the risk that, before fora like the International Criminal Court, no one can be held to account. It appears in a symposium issue exploring a 2020 Cambridge University Press book by Darryl Robinson, Justice in Extreme Cases: Criminal Law …
The Carbon Price Equivalent: A Metric For Comparing Climate Change Mitigation Efforts Across Jurisdictions, Gabriel Weil
The Carbon Price Equivalent: A Metric For Comparing Climate Change Mitigation Efforts Across Jurisdictions, Gabriel Weil
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Climate change presents a global commons problem: Emissions reductions on the scale needed to meet global targets do not pass a domestic cost-benefit test in most countries. To give national governments ample incentive to pursue deep decarbonization, mutual interstate coercion will be necessary. Many proposed tools of coercive climate diplomacy would require a one-dimensional metric for comparing the stringency of climate change mitigation policy packages across jurisdictions. This article proposes and defends such a metric: the carbon price equivalent. There is substantial variation in the set of climate change mitigation policy instruments implemented by different countries. Nonetheless, the consequences of …
Financial Inclusion, Access To Credit, And Sustainable Finance, John Linarelli, Stephen L. Schwarcz, Ignacio Tirado
Financial Inclusion, Access To Credit, And Sustainable Finance, John Linarelli, Stephen L. Schwarcz, Ignacio Tirado
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No abstract provided.
Alternative Dispute Revolutions: Technology And Adr In The Middle East Following The Covid-19 Pandemic, Zachary R. Calo, Barry Solaiman
Alternative Dispute Revolutions: Technology And Adr In The Middle East Following The Covid-19 Pandemic, Zachary R. Calo, Barry Solaiman
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This article seeks to close a gap in the literature on the use of alternative dispute resolution (ADR) in the Middle East. In particular, it examines unprecedented developments in countries situated in the Persian Gulf where a range of innovative institutions outside the domestic court system provide ADR services. Qatar, Saudi Arabia, and the United Arab Emirates host a number of sophisticated international courts as well as specialized dispute resolution centers backed by the English common law and recognised international arbitration and mediation rules. The COVID-19 pandemic has necessitated remote hearings around the world as courts seek to dispense justice …
International Law Association's Guidelines On Intellectual Property And Private International Law ("Kyoto Guidelines"): Recognition And Enforcement, Pedro De Miguel Asensio, Marketa Trimble
International Law Association's Guidelines On Intellectual Property And Private International Law ("Kyoto Guidelines"): Recognition And Enforcement, Pedro De Miguel Asensio, Marketa Trimble
Scholarly Works
This section of the the chapter "Recognition and Enforcement" of the International Law Association's Guidelines on Intellectual Property and Private International Law ("Kyoto Guidelines") establishes the conditions under which the effects of judgments rendered in a country may be extended to foreign jurisdictions. It seeks to favor international coordination and legal certainty by facilitating the cross-border recognition and enforcement of judgments relating to IP disputes. The Guidelines are based on a broad concept of judgment with restrictions concerning judgments not considered final under the law of the State of origin as well as certain provisional measures. The main provision of …
Mediation Ethics After The Singapore Convention, Zachary R. Calo
Mediation Ethics After The Singapore Convention, Zachary R. Calo
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The aim of this essay is to consider the shape of mediation ethics after the Singapore Convention. It assesses the role of ethics with the Convention framework, as well as how the Convention can inform broader conversations about mediation ethics. The international commercial mediation landscape initiated by the Convention commends certain approaches to ethics for its effective and efficient operation. In particular, it is argued that the Convention system is best complemented by codes of ethics that are clear and standardized in their norms as well as modest in the scope of their regulatory ambitions. An ethical system defined by …
Self-Defense To Cyber Force: Combatting The Notion Of 'Scale And Effect', Thomas Eaton
Self-Defense To Cyber Force: Combatting The Notion Of 'Scale And Effect', Thomas Eaton
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The ability to reach out, with a few keystrokes or a couple lines of code, through the interconnected world of cyberspace and create militarily advantageous effects 10,000 miles away has changed warfare as previously conceived, perhaps more than any other advancement in any other domain of war. Cyber weapons are weapons, and whatever law applies to conventional weapons equally applies to cyber weapons. Long before cyber operations were even science fiction, there was much debate over what constituted a use of force that would justify force in response. In many ways, the debate over what constitutes cyber-attacks has been pasted …
International Law As Behavior: An Agenda, Harlan G. Cohen, Timothy Meyer
International Law As Behavior: An Agenda, Harlan G. Cohen, Timothy Meyer
Scholarly Works
Over the past few decades, scholars in a variety of fields – economics, psychology, sociology, anthropology, and international relations, among others – have made enormous strides studying the behavioral roots of international law by exploring individual motivations, describing organizational cultures, and mapping communities of practice. Taken together, the work of these scholars presents a complex, nuanced understanding of how international law works. However, these projects are rarely considered together: often separated by academic enclosures and focused on different subfields within international law, communication among scholars using different methodologies is restricted. The goal of this book is to break down some …
Are We (Americans) All International Realists Now?, Harlan G. Cohen
Are We (Americans) All International Realists Now?, Harlan G. Cohen
Scholarly Works
Is American international law distinctly legal realist? The claim is often made, but underexplored. What would it mean for American international law scholarship and practice to be legal realist in its orientation? Where would such an orientation come from, and what do those origin stories mean for current international law work? Are there common realist-inspired approaches within the varied schools of American international law scholarship? Does wielding those approaches produce distinctly American views on international law doctrine, its operation, or its function? And if American international law scholarship and practice is, in these ways, somewhat distinct, what does it mean …
Interpretive Entrepreneurs, Melissa J. Durkee
Interpretive Entrepreneurs, Melissa J. Durkee
Scholarly Works
Private actors interpret legal norms, a phenomenon I call "interpretive entrepreneurship." The phenomenon is particularly significant in the international context, where many disputes are not subject to judicial resolution and there is no official system of precedent. Interpretation can affect the meaning of laws over time. For this reason, it can be a form of "post hoc" international lawmaking, worth studying alongside other forms of international lobbying and norm entrepreneurship by private actors. The Article identifies and describes the phenomenon through a series of case studies that show how, why, and by whom it unfolds. The examples focus on entrepreneurial …
Introduction To The Symposium On Frédéric Mégret, "Are There 'Inherently Sovereign Functions' In International Law?", Melissa J. Durkee
Introduction To The Symposium On Frédéric Mégret, "Are There 'Inherently Sovereign Functions' In International Law?", Melissa J. Durkee
Scholarly Works
Imagine a future in which the U.S. government has closed the postal service, shuttered its administrative apparatus, and stopped funding education. Confirmation battles have dismantled the federal judiciary, with most adjudication now performed by private arbitrators. After years of erosion of public standards, corporate environmental and labor practices are now left to voluntary self-regulation and market pressures. Private military and security companies command and regulate a vast military infrastructure, executing contracts to meet U.S. intelligence and defense requirements. Prisons have been fully privatized. After losing faith in elections, the U.S. populace no longer insists on them. The country is administered …
Justice As Message Symposium: What We See When We See Law … Through The Eyes Of Dame Laura Knight, Diane Marie Amann
Justice As Message Symposium: What We See When We See Law … Through The Eyes Of Dame Laura Knight, Diane Marie Amann
Scholarly Works
The eye cannot help but be drawn to the cover of Justice as Message, the new analysis by Carsten Stahn of, to quote the subtitle, Expressivist Foundations of International Criminal Justice. On the high-gloss paper jacket we see a tableau of blacks and browns and olive drab, accented only by the purple of a lawyer’s robe and the teal of a dossier perched on the bar behind him. In front, we see that the bench is buried in paper – paper that turns to ashes as the back wall gives way to a vision of buildings in ruin …
Digitalisation And Its Impact On Innovation, Maurice E. Stucke, Ariel Ezrachi
Digitalisation And Its Impact On Innovation, Maurice E. Stucke, Ariel Ezrachi
Scholarly Works
Innovation is generally seen as good. Promoting innovation especially in the digital economy is often deemed vital. Increasing the level of innovation, after all, can promote sustainable development, economic growth, prosperity, and citizens’ overall welfare. So how can policy makers spur innovation in the digital economy? While there is no simple recipe, this study explores the interplay between innovation and the digital economy from the following seven angles: 1. Theoretical economic literature; 2. Macro view of current innovation levels; 3. Emerging trends in the digital economy; 4. Implications of sub-optimal innovation levels; 5. Variables that affect the supply of innovation; …
Differential Treatment Among Creditors Under India's Insolvency And Bankruptcy Code, 2016: Issues And Solutions, C. Scott Pryor, Risham Garg
Differential Treatment Among Creditors Under India's Insolvency And Bankruptcy Code, 2016: Issues And Solutions, C. Scott Pryor, Risham Garg
Scholarly Works
This paper represents the results of an examination of the implementation of India's Insolvency and Bankruptcy Code, 2016 (IBC). This project included purposive sampling as well as interviews with resolution professionals, representatives of India's Insolvency Professional Agencies, and officials of the Insolvency and Bankruptcy Board of India. Analysis of this data identified three problems: 1. Vesting near-plenary control of the Corporate Resolution Insolvency Process (CIRP) with a Committee of Creditors made up of financial creditors has led to a perception of inequitable distributions between the classes of creditors. 2. The CIRP provisions of the IBC are inconsistent with public policy …
Nations And Markets, Harlan G. Cohen
Nations And Markets, Harlan G. Cohen
Scholarly Works
Economics and security seem increasingly intertwined. Citing national security, states subject foreign investments to new scrutiny, even unwinding mergers like the purchase of Grindr or the creation of TikTok. The provision of 5G has become a diplomatic battleground – Huawei at its center. Meanwhile, states invoke national security to excuse trade wars. The U.S. invoked the GATT national security exception to impose steel and aluminum tariffs, threatening more on automotive parts. Russia invoked that provision to justify its blockade of Ukraine, as did Saudi Arabia and the UAE to excuse theirs of Qatar. And with the spread of COVID-19, states …
Glimpses Of Women At The Tokyo Tribunal, Diane Marie Amann
Glimpses Of Women At The Tokyo Tribunal, Diane Marie Amann
Scholarly Works
Compared to its Nuremberg counterpart, the International Military Tribunal for the Far East has scarcely been visible in the seven decades since both tribunals’ inception. Recently the situation has changed, as publications of IMTFE documents have occurred alongside divers legal and historical writings, as well as two films and a miniseries. These new accounts give new visibility to the Tokyo Trial – or at least to the roles that men played at those trials. This essay identifies several of the women at Tokyo and explores roles they played there, with emphasis on lawyers and analysts for the prosecution and the …
The Future Of Space Governance, Melissa J. Durkee
The Future Of Space Governance, Melissa J. Durkee
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Fifty years after the first moonwalk, the prospect for a new set of multilateral agreements governing outer space is remote, yet the legal questions raised by activity in space are mounting. With little prospect of new treaties, nations will need to make do with existing treaty law, generate customary rules to govern new applications, or develop forms of sub-legal understanding and cooperation. This special conference issue of the Georgia Journal of International and Comparative Law addresses these questions.
Welcoming Participation, Avoiding Capture: A Five-Part Framework, Melissa J. Durkee
Welcoming Participation, Avoiding Capture: A Five-Part Framework, Melissa J. Durkee
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What role should non-state actors have in the work of international organizations? It is particularly fitting that this panel is titled “between participation and capture,” because the phrase calls up the conflicting values that animate this question. When we think of non-state actors “participating” in the work of international organizations, we think about open, transparent organizations that are receiving the benefit of diverse perspectives and expertise. We may associate this phrase with process, access, and legitimacy in governance. On the other hand, when we think about non-state actors “capturing” the agenda of international organizations, we have a conflicting set of …
A Rules-Based Approach To Jam’S Restrictive Immunity: Implications For International Organizations, Desiree Leclercq
A Rules-Based Approach To Jam’S Restrictive Immunity: Implications For International Organizations, Desiree Leclercq
Scholarly Works
U.S. jurisprudence has granted international organizations immunity from suit, even when they carry out operations that violate U.S. rules. In the recent Jam v. Int’l Fin. Corp., the Supreme Court reversed this jurisprudence and restricted the immunity of international organizations. Jam is a landmark decision, but the Court’s failure to address critical questions concerning the scope and meaning of its restricted immunity has led to legal uncertainty and criticism. Under both predominant theories in the international organization discourse – functionalism and constitutionalism – scholars predict that Jam will have a deleterious impact on international organizations. Given the theories’ emphasis on …
Accountability Of Google And Other Businesses In Colombia: Personal Data Protection In The Digital Age, Maria P. Angel, Vivian Newman-Pont
Accountability Of Google And Other Businesses In Colombia: Personal Data Protection In The Digital Age, Maria P. Angel, Vivian Newman-Pont
Scholarly Works
In this document we analyze the privacy policies of 30 companies with data-driven business models that collect data in Colombia and identify practices that have not been sufficiently contemplated by the personal data protection regime currently applicable in our country. But what has been done in Colombia to guarantee these rights in the digital economy framework? In this document, we explore the degree of preparedness of our legal personal data protection regime and data protection authorities for tackling the risks that the digital era poses to different values and rights, thereby holding accountable the companies with data-driven business models (DDBM). …
The New Singapore Mediation Convention: The Process And Key Choices, Harold Abramson
The New Singapore Mediation Convention: The Process And Key Choices, Harold Abramson
Scholarly Works
No abstract provided.
Introduction: Singapore Convention Reference Book, Harold Abramson
Introduction: Singapore Convention Reference Book, Harold Abramson
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No abstract provided.
Singapore Mediation Convention Reference Book, Harold Abramson (Faculty Editor)
Singapore Mediation Convention Reference Book, Harold Abramson (Faculty Editor)
Scholarly Works
No abstract provided.