International Law Commons^™

Responsible Coffee Sourcing: Towards A Living Income For Producers, Kaitlin Y. Cordes, Margaret Sagan, Solina Kennedy

Columbia Center on Sustainable Investment Staff Publications

Coffee, one of the world’s most popular beverages, provides livelihoods for at least 60 million people across dozens of countries. Promoting the long-term health, wellbeing, and environmental sustainability of the much beloved coffee sector should be a clear priority.

CCSI has continued its work on coffee sustainability with a 2021 report: “Responsible Coffee Sourcing: Towards a Living Income for Producers.” The report focuses on a critical but under-examined topic: the impact of coffee company sourcing practices on coffee producer and farmworker well-being. The report, commissioned by a long-term investment manager, analyzes the sourcing practices of ten large coffee roasters and …

Intolerable Histories And Imperfect Narratives: Nationhood, Identity, And The Integrity Of Law In Post-Vichy France And Beyond, Kaela S. Holmen

Foreign Languages & Literatures ETDs

The principal aim of this thesis project is to examine the socio-legal context of the Vichy regime in World War II France, and to provide an understanding of how that context informed, and continues to inform, the integrity of French nationhood. With Ernest Renan’s oubli serving as a framework for the solidification of nationhood, I will demonstrate that the betrayals to French law and custom that were committed in an attempt to right the wrongs of the Vichy resulted in an imperfect forgetting, and ultimately, a more fragmented national sense of self. I contend that this imperfect oubli resulting from …

Intellectual Property Rights And Public Policy On The Role Of Plain Packaging And Health Care In India, Anil Kumar Vishwakarma, Maria Devi Angerhofer

Indonesian Journal of International Law

Although tobacco is a multi-billion-dollar industry globally, its consumers are prone to various non-communicable diseases, such as cancer, heart attack, etc. Therefore, to prevent this, many states have taken initiatives to discourage the consumption of this harmful product. Many international organizations like World Health Organization (WHO) have supported these preventive measures through The WHO Framework Convention on Tobacco Control (WHO FCTC). The main objective of this convention is to encourage the concept of packaging all brands of tobacco products in a uniform standard, which is known as the Plain packaging process. This was the first initiative adopted by Australia. This …

Law Enforcement Perspectives On Public Access To Misconduct Records, Rachel Moran, Jessica Hodge

Cardozo Law Review

No abstract provided.

Social Science Research And Reforms Of International Institutions, Weijia Rao

Faculty Scholarship

Building on Daniel Abebe, Adam Chilton and Tom Ginsburg’s call for more social science research in international law, this Essay discusses ways in which social science research can be applied to inform reforms of international institutions. In the face of significant challenges to the current international legal order, active reform discussions have been ongoing concerning a number of international institutions. This Essay posits that in developing proposals to reform these international institutions, more attention should be paid to identify the causes of existing problems, which is important in an international setting where decision-making requires the consensus of multiple stakeholders. The …

Eifl And Library Group Comments On Updated Draft Wipo Cmo Toolkit (2021), Electronic Information For Libraries

Testimony and Submissions

EIFL and partner organizations in the library, archives and museum communities responded to a public consultation to provide additional comments on the updated draft WIPO Good Practice Toolkit for Collective Management Organizations (CMOs), released on 27 May 2021. Publication of the updated draft Toolkit follows an earlier consultation that took place in April 2021.

The updated version of the Toolkit contains an expanded section on supervision and monitoring of CMOs (Section 13). We noted three concerns in the updated Section 13, in particular. In our comments, we propose a number of amendments to address the concerns in Section 13, along …

Gender-Based Violence In International Human Rights Law: Evolution Towards A Binding Post-Binary Framework, Tatsiana Ziniakova

William & Mary Journal of Race, Gender, and Social Justice

The present Article seeks to analyze the notion of gender-based violence, in light of the evolving gender discourse, and identify the problems associated with effectively addressing it in international human rights law. It analyzes the definitions of gender, enshrined in various human rights documents, and suggests using performative theory of gender to form a comprehensive view on gender-based violence. It also critically addresses three aspects of regulating gender-based violence: inclusivity, patriarchy, and normativity. It concludes that, in the long term, the commitment to eradicate gender-based violence should be strengthened by framing it as a binding treaty obligation on the universal …

Shelter From The Storm: Human Rights Protections For Single-Mother Families In The Time Of Covid-19, Theresa Glennon, Alexis Fennell, Kaylin Hawkins, Madison Mcnulty

William & Mary Journal of Race, Gender, and Social Justice

COVID-19’s arrival, and the changes it has unleashed, reveal how longstanding legal and policy decisions produced structural inequalities that have left so many families, and especially single-parent families with children, all too insecure. The fragility of single-mother families is amplified by the multifaceted discrimination they face. While all single parents, including single fathers and other single relatives who are raising children, share many of these burdens, this Article focuses on the challenges confronting single mothers.

Federal policy choices stand in sharp contrast to the political rhetoric of government support for families. Social and economic policy in the twentieth century developed …

Odious Debts: Issues In Law And Politics, Yvonne Wong

Indonesian Journal of International Law

Odious sovereign contracts inhibit developing country growth. They cause money and resources to be improperly transferred from one country to an undeserving one. Think tanks and civil society actors have long suggested that Indonesia is plagued by a sizeable odious sovereign contract account. Policy makers and scholars continue to grapple with how the odious debts doctrine may operate in law to curb this important problem. Taking into account the lack of transparency in an odious contract setting, this paper proposes a new approach premised on principles of transparency, accountability and citizen participation in public contracts. In design, it proposes the …

Consignment In Land Acquisition, Are S. Hutagalung, Triska Sationo

Indonesian Journal of International Law

This paper provides an overview of land acquisition for public interest projects with a focus on a specific aspect of the process: the consignment of the compensation payment in court when an affected land owner rejects the compensation offered by the government institution that requires the land. Consignment has become a common practice in cases where the government and land owner can not reach a mutual agreement on land compensation during the negotiation time frame established by regulation. The first part of this paper presents some general facts about consignment and how it is regulated in Indonesia. The second part …

Paradigm Shift In The Implementation Of The Law Of The Sea In Indonesia, Tommy Hendra Purwaka

Indonesian Journal of International Law

Indonesia has experienced four times paradigm shift in the implementation of the law of the sea since it declared its archipelagic state principle in 1957 through the 1957 Djuanda declaration up to now. The shifting of paradigms can be viewed as a progressive development on the implementation of the law of the sea in Indonesia. The first paradigm was ocean space paradigm which was clearly shown in the 1957 Djuanda declaration and along the way of the diplomacy efforts of Indonesia in the first (1958), the second (1960) and the third (1982) UNCLOS. The first paradigm showed how Indonesian people …

The Obligation Not To Pollute: From Corollary Of State Sovereignty To The Right To A Decent Environment, Eliza Ruozzi

Indonesian Journal of International Law

The paper deals with the evolution of the principle of international environmental law prohibiting the use of the territory of a State for activities which may damage the territory of another State. This principle started to develop in relation to strictly trans-boundary situations as a sort of corollary of the well-established principle of sovereignty of States over their territory. In the last decades, international law has been increasingly faced to contexts in which pollution concerns resources over which States have no jurisdiction, such as the atmosphere. Therefore the question arises as to whether these elements - as evidence of practice …

International Law Reform Towards The Flood Of Future Climate Change Refugees, Mohamed Mowjoon Athambawa

Indonesian Journal of International Law

The popularity of the term “climate change refugees” has been dramatically increasing with the awareness and the disaster of the global warming. The prophecy for mass forced migrations as the consequence of climate change is deplorable. A scandalous statistics revealed that 200 million people would become climate change refugees by 2050. However there is a huge fortification gap in the international legal system which addresses the climate change refugees. Recently academics, lawyers and governments have identified the issues related to climate change refugees and realized the urgency of the formation of policies regarding the protection of the climate change refugees …

Growth And Development Of Air And Space Law, Priyatna Abdurrasyid

Indonesian Journal of International Law

The article provides a brief background on the development of air and space law from the historical perspective. It concludes that the scientific discipline of air law can be dissected from several elements, namely geographical elements, temporal elements, personal elements, material elements, and functional elements. With regard to space law, the article provides its scientific development and its ramification to other disciplines, most importantly telecommunication law.

Open Skies Policy: The Developing Countries Point Of View, E. Saefullah Wiradipradja

Indonesian Journal of International Law

The concept of open skies policy is an international policy concept which aims to liberalize of rules and regulations on international commercial aviation industry. For developed countries, by allowing air carriers unlimited market access to its partners’ markets and the right to fly to all intermediate and beyond points, open skies agreements provide maximum operational flexibility for airline alliances. They may have the best opportunities, as they will be able and in the best position to offer the best product to the better part of the air traffic market. On the contrary, for developing countries, open skies policy may cause …

Do The European And Dutch Rules On Variable Remuneration Of Financial Institutions Match And Can Remuneration Be Regulated On A European Level?, D. E. M. Kromwijk, W. J. Oostwouder

Indonesian Journal of International Law

The special committee of inquiry into the financial crisis (Tijdelijke commissie onderzoek financieel stelsel), better known as the De Wit Committee was in charge of investigating for the second chamber of the Dutch Parliament how the credit crisis had originated and how a future crisis could be prevented. In its report, the Committee paid special attention to the influence of remuneration on the crisis. In its final report, three of the twenty five recommendations concerned remuneration. Not only in the Netherlands was there attention for the incentives of remuneration and their role in the credit crisis, but also in the …

The Echoes Of International Human Rights Law: In Perspective Of Law Enforcement Dimension To Deal With Irregular Immigrants In Indonesia, Muhammad Indra

Indonesian Journal of International Law

International human rights laws in the forms of United Nations Statues, International Conventions, Universal Declaration on Human Rights and other international law instruments have highlighted a guarantee of humanitarian protection which echoing human rights components without exception inborn to human being in particular refugees as the subject of international law. In managing minimum standard of rights and duties of a refugee and the judicial status of refugee under the protection of UNHCR and IOM humanitarian efforts within Indonesian territorial jurisdiction it is required the all of refugees and asylum seeker abide to national regulation and legislation formats while they are …

Why The 2020 U.S.-China Trade Agreement Needs Anticorruption Provisions For The Protection Of Intellectual Property, Daniel C.K. Chow

Notre Dame Journal of International & Comparative Law

No abstract provided.

The Art Of Economic War: Cultural Property Import Tariffs As Foreign Policy, Catherine Braun

Notre Dame Journal of International & Comparative Law

No abstract provided.

Masthead, Jounral Of International & Comparative Law, Notre Dame Law School

Notre Dame Journal of International & Comparative Law

No abstract provided.

Letter From The Editor, Fon Bisalbutr

Notre Dame Journal of International & Comparative Law

No abstract provided.

Liability And Emerging Digital Technologies: An Eu Perspective, Maria L. Montagnani, Mirta Cavallo

Notre Dame Journal of International & Comparative Law

No abstract provided.

“A Mad And Melancholy Record”: The Crisis Of International Law Histories, Vasuki Nesiah

Notre Dame Journal of International & Comparative Law

No abstract provided.

Lecture By John Tasioulas: Just Global Health: Integrating Human Rights And Common Goods., Journal Of International & Comparative Law, Notre Dame Law School

Notre Dame Journal of International & Comparative Law

No abstract provided.

The Potential Impact Of Climate Change Litigation On Government Policy, Fon Bisalbutr

Notre Dame Journal of International & Comparative Law

No abstract provided.

The Refugees We Are: Solidarity, Asylum, And Critique In The European Constitutional Imagination, Paul Linden-Retek

Journal Articles

This Article aims to reimagine post-national legal solidarity. It does so by bringing debates over Habermasian constitutional theory to bear on the evolving use of mutual recognition and mutual trust in the EU’s Area of Freedom, Security, and Justice (AFSJ), particularly in the context of European asylum law and reforms to the Dublin Regulation. Insofar as critiques of Habermasian “constitutional patriotism” apply to the principle of mutual trust, the Article suggests why post-national solidarity requires fallibilism and dynamic responsiveness that exceed formalized rules of forbearance and respect.

On this revised view, legal solidarity guarantees a particular form of adjudication through …

Dusting Off The Law Books: Recognizing Gender Persecution In Conflicts And Atrocities, Lisa Davis

Northwestern Journal of Human Rights

War-time abuses against women, girls, lesbian, gay, bisexual, transgender, intersex, queer (LGBTIQ), non-binary and gender non-conforming persons are not new. They are as old as human history, appearing in modern international criminal law records as far back as World War II (WWII). In conflicts across the globe, from Iraq to Colombia, armed actors have perpetrated gender-based crimes amounting to persecution in an effort to reinforce oppressive, discriminatory gender narratives. Rarely documented when they happen, perpetrators are hardly ever held accountable for these crimes. As a result, the crimes are often excluded from consideration by international and domestic tribunals, and in …

Sexual Violence And Sex Trafficking: An Observation Of Developing International Law And Its Implementation, Hannah Kate Albach

Dartmouth Undergraduate Journal of Politics, Economics and World Affairs

Margot Walström, Special Representative of the UN Secretary-General on Sexual Violence defines sexual violence as a "way of demonstrating power and control. It inflicts fear on the whole community. And it is unfortunately a very effective, cheap and silent weapon with a long-lasting effect on every society.” Despite the universal damage of sexual violence throughout history, international law did not begin to develop a response to such crimes until the 1990s. Worldwide fear and shame associated with atrocities of sexual violence, difficulty defining it across cultures, challenges to accurate data collection, and lack of collective action all contribute to the …

Addressing Correlations Between Gender-Based Violence And Climate Change: An Expanded Role For International Climate Change Law And Education For Sustainable Development, Achinthi C. Vithanage

Pace Environmental Law Review

No abstract provided.

‘Security For Costs’ Under The Icsid Regime: Does It Prevent ‘Arbitral Hit-And-Runs’ Or Does It Unduly Stifle Third-Party Funded Investors’ Due Process Rights?, Young Hye (Martina) Chun

Pepperdine Dispute Resolution Law Journal

This Article considers security for costs under the ICSID regime. Given that all security for costs have been ordered against third-party funded investors—with the latest decision, Unionmatex, in January 2020, this Article examines prior ICSID decisions to determine whether third-party funded investors are prejudiced when it comes to security for costs. It further addresses whether an applicant’s right to a costs award is a “protectable right” under Article 47 and concludes that it is not. Finding that “arbitral hit-and-run” is a hypothetical concern not based on empirical evidence and providing that ICSID’s new proposed rules to its Arbitration Rules will …