Open Access. Powered by Scholars. Published by Universities.®

International Law Commons

Open Access. Powered by Scholars. Published by Universities.®

2021

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 781 - 810 of 1029

Full-Text Articles in International Law

Reckoning: Dialogue About Racism, Antiracists, And Business & Human Rights, Erika George, Jena Martin, Tara Van Ho Jan 2021

Reckoning: Dialogue About Racism, Antiracists, And Business & Human Rights, Erika George, Jena Martin, Tara Van Ho

Faculty Articles

Video of George Floyd's death sparked global demonstrations and prompted individuals, communities and institutions to grapple with their own roles in embedding and perpetuating racist structures. The raison d'tre of Business and Human Rights (BHR) is to tackle structural corporate impediments to the universal realization of human rights. Yet, racism, one of the most obvious of such barriers, has been a blind spot for BHR. While the field has contended with gender inequality, there have only been tokenistic nods to intersectional harms caused by business activities. The failure to address racism seriously undermines both the promise of BHR generally and …


Defining The Relationships: "Cause, Contribute, And Directly Linked To" In The Un Guiding Principles On Business And Human Rights, Tara Van Ho Jan 2021

Defining The Relationships: "Cause, Contribute, And Directly Linked To" In The Un Guiding Principles On Business And Human Rights, Tara Van Ho

Faculty Articles

According to the United Nations Guiding Principles on Business and Human Rights, businesses owe remediation when they "cause" or "contribute to" a human rights impact, but not when they are only "directly linked to" it. These terms determine when a victim is entitled to seek remediation from a business, but they have largely been ignored in existing scholarship. This article investigates the meaning of "cause, contribute, and directly linked to", revealing confusion and uncertainty before proposing a new system, built on existing authoritative guidance, for interpreting the terms and determining when businesses owe remediation for their human rights impacts.


A Letter From The Former President Of The Republic Of China, Ma Ying-Jeou Jan 2021

A Letter From The Former President Of The Republic Of China, Ma Ying-Jeou

Maryland Journal of International Law

No abstract provided.


The East Asian Legal Studies Program: A Legacy Will Never Be Forgotten, Chun-I Chen Jan 2021

The East Asian Legal Studies Program: A Legacy Will Never Be Forgotten, Chun-I Chen

Maryland Journal of International Law

No abstract provided.


Reminiscing Over The Years For The 35th Publication Of The Maryland Journal Of International Law, David I. Salem Jan 2021

Reminiscing Over The Years For The 35th Publication Of The Maryland Journal Of International Law, David I. Salem

Maryland Journal of International Law

No abstract provided.


The Populist Challenge And The Future Of The United Nations Security Council, Jeremy Farrall Jan 2021

The Populist Challenge And The Future Of The United Nations Security Council, Jeremy Farrall

Maryland Journal of International Law

No abstract provided.


Populism, International Courts, And Women’S Human Rights, Nienke Grossman Jan 2021

Populism, International Courts, And Women’S Human Rights, Nienke Grossman

Maryland Journal of International Law

No abstract provided.


The Multilateral Human Rights System: Systemic Challenge Or Healthy Contestation?, Jolyon Ford Jan 2021

The Multilateral Human Rights System: Systemic Challenge Or Healthy Contestation?, Jolyon Ford

Maryland Journal of International Law

No abstract provided.


Populism, Backlash And The Ongoing Use Of The World Trade Organization Dispute Settlement System: State Responses To The Appellate Body Crisis, Imogen Saunders Jan 2021

Populism, Backlash And The Ongoing Use Of The World Trade Organization Dispute Settlement System: State Responses To The Appellate Body Crisis, Imogen Saunders

Maryland Journal of International Law

No abstract provided.


The Internationalized Contract And The Populist Backlash To The Fine Print, Erick Marquina Jan 2021

The Internationalized Contract And The Populist Backlash To The Fine Print, Erick Marquina

Maryland Journal of International Law

No abstract provided.


Gamble V. United States: The Dual Sovereignty Doctrine Under The National V. International Context – What Is Sovereign To One Is Not Sovereign To The Other, Veronica Mina Jan 2021

Gamble V. United States: The Dual Sovereignty Doctrine Under The National V. International Context – What Is Sovereign To One Is Not Sovereign To The Other, Veronica Mina

Maryland Journal of International Law

No abstract provided.


The Covid-19 Vaccination Race, Roojin Habibi Jan 2021

The Covid-19 Vaccination Race, Roojin Habibi

Maryland Journal of International Law

No abstract provided.


Hop On The Carbon Neutral Bandwagon: Amending The Paris Agreement To Require Short-Term Goals And Long-Term Carbon Neutral Goals For Nationally Determined Contributions, Johanna Adashek Jan 2021

Hop On The Carbon Neutral Bandwagon: Amending The Paris Agreement To Require Short-Term Goals And Long-Term Carbon Neutral Goals For Nationally Determined Contributions, Johanna Adashek

Maryland Journal of International Law

No abstract provided.


Front Matter Jan 2021

Front Matter

The International Lawyer

No abstract provided.


Foreword: American Society Of International Law's 10th Midyear Meeting, Michael P. Scharf, Bethany Gump Jones Jan 2021

Foreword: American Society Of International Law's 10th Midyear Meeting, Michael P. Scharf, Bethany Gump Jones

Case Western Reserve Journal of International Law

No abstract provided.


Africanization And The Reform Of International Investment Law, Olabisi D. Akinkugbe Jan 2021

Africanization And The Reform Of International Investment Law, Olabisi D. Akinkugbe

Case Western Reserve Journal of International Law

No abstract provided.


Adding New Ingredients To An Old Recipe: Do Isds Reforms And New Investment Treaties Support Human Rights?, Nicholas J. Diamond, Kabir A.N. Duggal Jan 2021

Adding New Ingredients To An Old Recipe: Do Isds Reforms And New Investment Treaties Support Human Rights?, Nicholas J. Diamond, Kabir A.N. Duggal

Case Western Reserve Journal of International Law

No abstract provided.


Offender Rehabilitation In International Criminal Justice: Towards Implementation Of Tailored Rehabilitation Programs, Marina Maier Jan 2021

Offender Rehabilitation In International Criminal Justice: Towards Implementation Of Tailored Rehabilitation Programs, Marina Maier

Case Western Reserve Journal of International Law

No abstract provided.


The Role Of International Organizations In The Development Of International Environmental Law: Adjusting The Lenses Of Analysis, Rita Guerreiro Teixeira Jan 2021

The Role Of International Organizations In The Development Of International Environmental Law: Adjusting The Lenses Of Analysis, Rita Guerreiro Teixeira

Case Western Reserve Journal of International Law

No abstract provided.


Neutral On Its Face, Dignitary Harm At Its Core, Bethany Gump Jones Jan 2021

Neutral On Its Face, Dignitary Harm At Its Core, Bethany Gump Jones

Case Western Reserve Journal of International Law

No abstract provided.


Prosecuting Bride Kidnapping: The Law Isn't Enough; Aligning Cultural Norms With The Law, Alexandria Mckenna Lundberg Jan 2021

Prosecuting Bride Kidnapping: The Law Isn't Enough; Aligning Cultural Norms With The Law, Alexandria Mckenna Lundberg

Case Western Reserve Journal of International Law

No abstract provided.


The Operation Of Supervisory Colleges In Eu Banking Supervision: A Case Study Of Soft Law Becoming Hard Law, Duncan E. Alford Jan 2021

The Operation Of Supervisory Colleges In Eu Banking Supervision: A Case Study Of Soft Law Becoming Hard Law, Duncan E. Alford

Faculty Publications

In this paper, I consider the case of supervisory cooperation among bank regulators where voluntary cooperation (soft law) over a period of 50 years has become hard law (regulations and directives) within the European Union. Driven by major international bank failures or financial crises, international standards for prudential supervisory cooperation among bank regulators have steadily developed and become more precise and defined since the early 1970s.


Repeating History: Russia Inflicting Crimes Against Humanity Upon The Crimean Tartars, Katerina Dee Jan 2021

Repeating History: Russia Inflicting Crimes Against Humanity Upon The Crimean Tartars, Katerina Dee

American University International Law Review

No abstract provided.


From The Editor-In-Chief, Liliana A. León Rivera Jan 2021

From The Editor-In-Chief, Liliana A. León Rivera

UC Law SF International Law Review

No abstract provided.


The Fate Of Universalism In Global Insolvency: Neoconservatism And New Horizons, Eric Sokol Jan 2021

The Fate Of Universalism In Global Insolvency: Neoconservatism And New Horizons, Eric Sokol

UC Law SF International Law Review

Recent cases in the United States, United Kingdom, and Australia have all signaled that international insolvency law is slowly losing traction to more regional proceedings. This can have huge ramifications for creditors of international companies. The past decade has seen much international progress in business insolvencies; with the previous “territorialist” models of regional dismantling giving way to more “universalist” approaches. New trends in these large jurisdictions may herald the discovery of modified universalism’s breaking point, but not its diminishment nor defeat. This healthy prognosis for modified universalism in the U.S., United Kingdom (U.K.), and Australia is further bolstered by a …


The Global Shift To 5g: How To Leverage Bilateral Access Reciprocity Agreements To Protect Telecommunications Infrastructure And Achieve Growth, Brittany Wightman Jan 2021

The Global Shift To 5g: How To Leverage Bilateral Access Reciprocity Agreements To Protect Telecommunications Infrastructure And Achieve Growth, Brittany Wightman

UC Law SF International Law Review

As the five times faster, twenty-five times more robust, 5G network becomes the global standard, behind China’s technological leadership in the space, telecommunications network security is of ever-increasing importance. Since 2016, researchers have observed as China Telecom, a government-controlled telecommunications company with a large global presence, hijacked Internet traffic directed towards financial institutions, government sites, Internet Service Providers (ISPs), and news organizations. The hijacks, which go largely undetected by victims, are possible anywhere a malicious actor has access to the technology that directs information from one location to another across the Internet. As the United States and its allies evaluate …


The Jangali Movement And How Its Themes Persist In Protests Under The Islamic Republic, Sam Atabay Bidgoli Jan 2021

The Jangali Movement And How Its Themes Persist In Protests Under The Islamic Republic, Sam Atabay Bidgoli

UC Law SF International Law Review

Thanks to the Jangali Movement in the early decades of the 20th century, the northern province of Gilan in Iran was able to successfully establish a system of government that served the working-class population of the region. Although short-lived, this movement was a product of years of extreme exploitation of the labor, resources, and capital by both the national government and the global hegemonic powers of the era. The movement brought together an incredibly diverse coalition of working-class individuals who wanted to create a more equitable society. Under the current Islamic Republic of Iran, there have been several large-scale protests …


Masthead Jan 2021

Masthead

UC Law SF International Law Review

No abstract provided.


The German Netzdg As Role Model Or Cautionary Tale? Implications For The Debate On Social Media Liability, Patrick Zurth Jan 2021

The German Netzdg As Role Model Or Cautionary Tale? Implications For The Debate On Social Media Liability, Patrick Zurth

Fordham Intellectual Property, Media and Entertainment Law Journal

What can be done against discrimination, bullying, insults, and the spread of dangerous fake news on social media platforms? While platforms in the United States enjoy broad discretion on how to approach that issue, there are both legal and political debates regarding social media regulation. Germany, by contrast, advances the opposite approach: requiring social media providers to block or remove illegal content. The Netzwerkdurchsetzungsgesetz (“NetzDG,” “Network Enforcement Act,” the “Act”) of 2017 outlines a specific procedure for implementing such a claim. The Act is the first of its kind in the western democratic states. Other countries have invoked or discussed …


Actors And Law-Making In International Environmental Law, In Research Handbook On International Environmental Law (Malgosia Fitzmaurice Et Al. Eds, 2d Ed. 2021), Mark A. Drumbl, Kateřina Uhlířová Jan 2021

Actors And Law-Making In International Environmental Law, In Research Handbook On International Environmental Law (Malgosia Fitzmaurice Et Al. Eds, 2d Ed. 2021), Mark A. Drumbl, Kateřina Uhlířová

Books and Chapters

This chapter explores who makes international environmental law and which are the sources of international environmental law? Traditionally, the number of actors with international legal personality is limited. States were primary among this group, followed by international organizations. In recent years, however, considerable international environmental law effectively has been generated by non-governmental organizations, networked communities of experts, and administrative secretariats of treaty organizations. The expansion in the number of actors that, whether de jure or de facto, make international environmental law has diversified the sources of international environmental law. Sources of international law include treaties, custom, general principles of law, …