International Law Commons^™

The Role Of Lawyers In Bridging The Gap Between The Robust Federal Rights To Education And Relatively Low Education Outcomes In Guatemala, Maryam Ahranjani

Faculty Scholarship

Relative to other countries in the world and in Central America, the Guatemalan Constitution and the federal education law include a robust and detailed right to education. However, literacy rates and secondary educational attainment, particularly for Indigenous people and young women living in rural communities, remain low. The COVID-19 pandemic has only exacerbated disparities. Once children return to schools after the pandemic, the gaps will be even larger. Lawyers can play a critical role in making the strong Constitutional right to education more meaningful.

From The Editor-In-Chief, Ashlee Raskulinecz

UC Law SF International Law Review

No abstract provided.

Application Of The Child Soldiers Prevention Act To Myanmar: A Case Study In How A Simple Statute Insufficiently Addresses A Complex Problem, Anuradha Lingappa

UC Law SF International Law Review

Congress enacted the Child Soldiers Prevention Act in order to stop public funds from directly supporting armies that use child soldiers. This paper examines how the Act has been applied to Myanmar, where both State and nonstate forces recruit children. Myanmar’s internal conflict illustrates numerous reasons for why children may join armed groups and demonstrates shortcomings in the Act’s approach towards curbing the practice.

Pandemics And International Law: The Need For International Action, Claudio Grossman

Human Rights Brief

No abstract provided.

Prologue, Claudio Grossman, Robert Goldman

American University International Law Review

No abstract provided.

Rise Of Illiberal Democracy, Weakening Of The Rule Of Law, & Implementation Of Human Rights In The Philippines, Gemmo Bautista Fernandez

American University International Law Review

No abstract provided.

La Fiebre De La Reelección En Latinoamérica: Desmoronamiento Del Estado De Derecho Y Sus Consecuencias Para Los Derechos Humanos, N.B.

American University International Law Review

No abstract provided.

Broken, Beaten, And Starved: Attacking Water Resources As Objects Indispensable To The Survival Of A Civilian Population In Yemen’S Internal Armed Conflict, Meagan Desimone

American University International Law Review

No abstract provided.

No Child Should Feel Left Behind: The Illegality Of Orphanage Voluntourism Under Article 19 Of The United Nations Convention Of The Rights Of A Child, Lily Baron

American University International Law Review

No abstract provided.

The Olives Of Others: The United States Anti-Dumping And Countervailing Duties On Ripe Olives From Spain, Gregory Frering

American University International Law Review

No abstract provided.

Era Of Accelerating Digital Convergence: Security, Surveillance, Data, Privacy, Big Tech, And Politics, John Taschner

American University International Law Review

No abstract provided.

Going Off The Rails On The Mayan Train: How Amlo’S Development Project Is On A Fast Track To Multiple Violations Of Indigenous Rights, Jared Green

American University International Law Review

No abstract provided.

Prologue, Sherwet H. Witherington

American University International Law Review

No abstract provided.

Pandemics And International Law: The Need For Action [Turkey], Nilüfer Oral

American University International Law Review

INTRODUCTION

As someone who has actually survived two major earthquakes, what we are living through now with the pandemic is a level ten earthquake—devastating and upheaving our lives in so many different ways. As my colleague Patricia Galvao Teles noted, this level of pandemic is a collective experience that we have not seen since a century ago with the Spanish Flu. It has demonstrated to us, as happens in disasters in general, the structural deficiencies of our current system. My colleagues have outlined some of these deficiencies; I will reiterate some of those noted previously but frame this issue in …

Ensuring Access To Accurate Information And Combatting Misinformation, Diane Orentlicher

American University International Law Review

No abstract provided.

Rule Of Law And Human Rights: Strengthening Democratic Institutions, Claudia Martin, Diego Rodriguez-Pinzon

American University International Law Review

No abstract provided.

Disciplinary Privilege And The Promise Of Decampment: A Response To James Thou Gathii, Fleur Johns

American University International Law Review

No abstract provided.

The Promise Of International Law: A Third World View, James Thuo Gathii

American University International Law Review

No abstract provided.

The Challenge Of Covid-19 And The World Health Organization’S Response: The Principal-Agent Model Revisited, Miron Mushkat, Roda Mushkat

American University International Law Review

No abstract provided.

Fracking The Bedrock Of Democracy: The United States Policing Of Protests Violates The Right Of Peaceful Assembly Under The Iccpr, Olivia Moulds

American University International Law Review

No abstract provided.

Pandemics And International Law: The Need To Strengthen International Legal Frameworks After The Covid-19 Global Heal Pandemic [Sierra Leone], Charles C. Jalloh

American University International Law Review

INTRODUCTION

I would like to begin by acknowledging the American University Washington College of Law and all its partners for organizing this timely symposium on “Pandemics and International Law: The Need for International Action.” 1 The theme of this symposium is rather broad and, as we have heard already, there is much that can be said about it from various international law perspectives. I will not attempt to do that. Instead, I wish to offer brief comments on one question given the time restrictions for my remarks and this panel. I will focus specifically on the topic I was assigned. …

Pandemics And The Disproportionate Impact On Vulnerable Groups, Macarena Saez

American University International Law Review

No abstract provided.

The Participation Principle And The Dialectic Of Sovereignty-Sharing, George K. Foster

Seattle University Law Review

States around the world are ceding authority to international institutions, devolving powers to lower-level political subdivisions, and granting forms of autonomy to Indigenous peoples and other minority groups. At the same time, states are increasingly offering groups and individuals “participation rights”: opportunities to participate in sovereign prerogatives without exercising control. These opportunities range from providing input into environmental decision-making, to collaborating with law enforcement in community policing programs, to receiving a share of natural-resource revenues. This Article contends that all of these developments represent a dividing up of the collection of rights known as sovereignty, and that participation rights reflect …

Mega-Dams And Indigenous Human Rights, Kate E. Britt

Law Librarian Scholarship

Mega-Dams and Indigenous Human Rights (“Mega-Dams”) is a 2020 monograph by Itzchak Kornfeld. Kornfeld is a law professor with extensive experience working with governments and non-governmental organizations on the legal and geological aspects of water development, water sustainability, and sustainable development of land. Mega-Dams reflects this expertise, as well as the author's express opinions.

‘A Hussy Who Rode On Horseback In Sexy Underwear In Front Of The Prisoners’: The Trials Of Buchenwald’S Ilse Koch, Mark A. Drumbl, Solange Mouthaan

Scholarly Articles

Ilse Koch’s trials for her role in atrocities at the Nazi Buchenwald concentration camp served as visual spectacles and primed her portrayal in media and public spaces. Koch’s conduct was credibly rumored to be one of frequent affairs, simultaneous lovers, and the sexual humiliation of prisoners. The gendered construction of her sexual identity played a distortive role in her intersections with law and with post-conflict Germany. Koch’s trials revealed two different dynamics. Koch’s actions were refracted through a patriarchal lens which spectacularized female violence and served as an optical space to (re)establish appropriate feminine mores. Feminist critiques of Koch’s trials …

Owning Frida Kahlo, Lario Albarrán

Emory International Law Review

Mexican painter Frida Kahlo died a feminist, anti-capitalist, queer, disabled, gender fluid, revolutionary. Today, Kahlo continues to captivate the public through her art, her life, and—her Barbie. Released in 2018, Mattel’s Frida Kahlo Barbie faced its harshest criticisms from none other than Kahlo’s family. Turning to social media, the family showered Mattel with questions on its audacity to release a Barbie in Kahlo’s likeness. Enraged over the Barbie’s features, complexation, and design, Kahlo’s family rushed to a court in Mexico where a judge issued a temporary injunction preventing the Barbie’s sale in Mexico. The resulting media coverage pit Kahlo’s family …

A Tale Of Two Treaties: A Study Of Nafta And The Usmca's Investor-State Dispute Settlement Mechanisms, Jerry L. Lai

Emory International Law Review

Investor-State Dispute Settlement (ISDS) is a standard component of most multilateral free-trade and investment regimes as a way of encouraging cross-border investment. However, the concept has long been mired in controversy, primarily due to its alleged transgression against national sovereignty and domestic regulatory powers. As ideas such as free trade and globalization come under increasing scrutiny in the post-Great Recession era, these controversies have not only rendered ISDS itself politically vulnerable, but also came to jeopardize the success and survival of free-trade and investment regimes that commonly contain ISDS provisions. A salient example of the increasing political risks carried by …

Plugging The Leaks In Outer Space Criminal Jurisdiction: Advocation For The Creation Of A Universal Outer Space Criminal Statute, Reid White

Emory International Law Review

In 2019, U.S. Astronaut Anne McClain was investigated for possibly committing the first crime in outer space, leading to questions regarding criminal law in outer space. After reviewing international space treaties such as the Outer Space Treaty, Moon Agreement, and Intergovernmental Agreement for the International Space Station, it becomes clear there is no comprehensive framework for addressing outer space crimes. National legislation of space-faring countries also fails to address all wrongdoings. Even with a comprehensive outer space treaty that would assign criminal jurisdiction to certain states in event of wrongdoing, analogous terrestrial treaties and incidents show that this would still …

A Human Face To Instream Flow: Indigenous Rights To Water For Salmon And Fisheries, Paul Stanton Kibel

Emory International Law Review

In the United States and throughout the world, there are many indigenous peoples whose culture and identity are closely connected to salmon and fisheries. Such salmon and fisheries are often dependent on maintaining adequate instream flows of water in rivers. Indigenous groups in the United States and in other countries have increasingly relied on indigenous human rights laws as a basis to keep water instream to maintain salmon and fisheries. This includes reliance on sources of international law such as the International Convention on Civil and Political Rights, the United Nations Declaration on the Rights of Indigenous Peoples, the International …

Covid-19 And Export Restrictions: The Case For Free Trade, Jack Quirk

Loyola University Chicago International Law Review

No abstract provided.