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2022

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Articles 871 - 900 of 971

Full-Text Articles in International Law

Opening Remarks, Melanie Leslie, David Rudenstine Jan 2022

Opening Remarks, Melanie Leslie, David Rudenstine

Cardozo Arts & Entertainment Law Journal

The article addresses the controversy surrounding the Parthenon Marbles, sculptures removed from Greece by Lord Elgin over 200 years ago and currently held by the British Museum. The symposium explores the ethical, legal, and political dimensions of their potential repatriation to Greece, emphasizing the broader implications for cultural property disputes and the role of museums in addressing colonial legacies.

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Una Solució, Si Us Plau: Self-Determination And The Catalan Crisis, Jared Skinner Jan 2022

Una Solució, Si Us Plau: Self-Determination And The Catalan Crisis, Jared Skinner

Emory International Law Review

Nestled in the corner of Spain is the birthplace of a people and a political conflict as old as the history of the peninsula itself. Catalonia, long a bastion for independence movements around the world, is caught at the center of tensions between traditional regionalism and political centrality in Spain. As internal unrest continues to intensify, miring discussion and dialogue, the crisis creeps closer to a point of drastic political uncertainty. Exhausted with the enduring lethargy of domestic and European legal fora, the Catalans have often thought of turning to international law for a solution. This Comment draws upon decades …

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The Third Message Of Islam?, Upendra Baxi Jan 2022

The Third Message Of Islam?, Upendra Baxi

Emory International Law Review

Professor Abdullahi Ahmed An-Na’im makes a spirited call for reformation of the Shari’a human rights, democracy, and constitutional compliance. He does so not as the problem of any metaphysical framework, or everydayness of the “fatigue of the Sharia,” but as accentuating a moral duty of non-humiliation itself as a human right to live with dignity as the core of Islam and all other religions. He crafts Islamic traditions of dialogue in a world that increasingly only knows the demagogic soliloquies of power. An-Na’im follows the “moderate revolutionary” Ustadh Mohamad Taha, who offered the Second Message of Islam, espousing the Mecca …

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Developing Standards For Gender-Responsive Human Rights Due Diligence, Constance Z. Wagner, Nancy Kaymar Stafford Jan 2022

Developing Standards For Gender-Responsive Human Rights Due Diligence, Constance Z. Wagner, Nancy Kaymar Stafford

All Faculty Scholarship

This article addresses the current state of gender-responsive human rights due diligence (GR-HRDD) standards and advocates for greater attention to be paid to women’s human rights in the due diligence process. The 2011 United Nations Guiding Principles on Business and Human Rights (UNGPs) created a global framework for recognizing, preventing, and addressing the risk of adverse impacts of human rights violations linked to business activities. The responsibility of businesses to respect human rights under the UNGPs includes implementing a human rights due diligence process. Although the UNGPs do not provide guidance on the process for integrating women’s rights into human …

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Your Body, Your Cells? Direct-To-Consumer Marketing Of Autologous Stem Cell Therapies In The United States, Japan, And Australia, Kathleen C. Laird Jan 2022

Your Body, Your Cells? Direct-To-Consumer Marketing Of Autologous Stem Cell Therapies In The United States, Japan, And Australia, Kathleen C. Laird

Vanderbilt Journal of Transnational Law

Stem cell tourism has relocated; patients in search of stem cell therapies to treat nearly any disease can find clinics selling miracle cures without traveling beyond their national borders. Businesses marketing unproven autologous stem cell therapies are now plentiful in highly regulated, wealthy countries, including the United States, Japan, and Australia. Despite regulatory oversight of stem cell therapies and strong support for scientific innovation in these countries, the internet and social media have facilitated the rapid growth and success of a new industry selling unproven treatments directly to consumers. Clinics selling unproven autologous stem cell therapies have succeeded by developing …

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The Minds Behind The Movement: The Role Of Academics In East Asia’S War Reparations Litigation, Timothy Webster Jan 2022

The Minds Behind The Movement: The Role Of Academics In East Asia’S War Reparations Litigation, Timothy Webster

Faculty Scholarship

East Asia's war compensation litigation simultaneously unites diverse regional actors (lawyers, survivors, activists) and fray international relations (as recent verdicts from South Korea attest). However, one view of the merits of these lawsuits is that they have reconfigured transnational activism in East Asia, exhumed forgotten and suppressed histories of Japanese aggression, and on occasion compensated victims of World War II. This Article highlights the role of Chinese, Japanese, Korean, Taiwanese activists, lawyers and scholars in researching, filing, litigating and appealing over 80 lawsuits between 1972 and the present.

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Japan’S Transnational War Reparations Litigation: An Empirical Analysis, Timothy Webster Jan 2022

Japan’S Transnational War Reparations Litigation: An Empirical Analysis, Timothy Webster

Faculty Scholarship

Negotiating war reparations is traditionally the province of the political branches, yet in recent decades, domestic courts have presided over hundreds of compensation lawsuits stemming from World War II. In the West, governments responded to these lawsuits with elaborate compensation mechanisms. In East Asia, by contrast, civil litigation continues apace. This Article analyzes eighty-three lawsuits filed in Japan, the epicenter of Asia’s World War II reparations movement. While many scholars criticize the passivity of Japanese courts on war-related issues, this Article detects a meaningful role for Japanese courts in the reparations process: awarding compensation, verifying facts, and allocating legal liability. …

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The Role Of Investor-State Tribunals In Determining The Scope And Content Of The Fair And Equitable Treatment Standard – Legitimate Expectations And Proportionality, Simon Bianchi Jan 2022

The Role Of Investor-State Tribunals In Determining The Scope And Content Of The Fair And Equitable Treatment Standard – Legitimate Expectations And Proportionality, Simon Bianchi

LL.M. Essays & Theses

In recent years, the legitimacy of the investor-State dispute settlement (“ISDS”) has been called into question and several initiatives, such as the UNCITRAL Working Group III, are currently looking at various ways to enhance such legitimacy and ensure the sustainability of ISDS. In this respect, certain scholars like Professors Sornarajah and van Harten claim that the interpretative process undertaken by investor-State tribunals has contributed to this legitimacy crisis among others because the application of vague standards, such as fair and equitable treatment (“FET”), involves applying subjective notions of what adjudicators perceive as desirable developments of investment law. By contrast, other …

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Cooperation Without Convergence: Border Carbon Adjustment And Heterogeneity Of Climate Actions, Lucas Moreira Jiminez Jan 2022

Cooperation Without Convergence: Border Carbon Adjustment And Heterogeneity Of Climate Actions, Lucas Moreira Jiminez

LL.M. Essays & Theses

Border Carbon Adjustment measures (“BCAs”) were originally conceived to help solve a problem that arises when countries ask firms to internalize the costs of environmental depredation in an open economy. Environmental regulation raises costs to domestic producers who feel and are — both are relevant — disadvantaged vis-à-vis their foreign competitors subject to lower regulatory costs, in ways that impact economic competitiveness but also the effectiveness of the regulation itself, to the extent it is directed at a ‘global commons’ problem such as reducing greenhouse gas (“GHG”) emissions in an attempt to mitigate climate change. However, BCAs create issues of …

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The Role Of Arbitral Tribunals In Determining The Scope Of The Fair And Equitable Treatment Standard, Thomas Ferguson Whip Jan 2022

The Role Of Arbitral Tribunals In Determining The Scope Of The Fair And Equitable Treatment Standard, Thomas Ferguson Whip

LL.M. Essays & Theses

Whether or not investor-State dispute settlement (“ISDS”) faces a “legitimacy crisis,” there is a “growing consensus” that it requires reform. The development of the fair and equitable treatment standard (“FET standard”) by arbitral tribunals been a salient factor in fomenting this consensus and is the subject of several reform proposals. A number of scholars, including Professors Sornarajah and Gus van Harten, claim the interpretative process undertaken by tribunals in relation to the FET standard has contributed to ISDS’ legitimacy crisis because it involves applying subjective notions of what adjudicators perceive to be desirable developments of the law. On the other …

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Polarization And Reform: Rethinking Separation Of Emergency Powers, Kevin Rizzo Jan 2022

Polarization And Reform: Rethinking Separation Of Emergency Powers, Kevin Rizzo

Cardozo International & Comparative Law Review

The note examines the challenges posed by the expansion of presidential emergency powers, particularly under the National Emergencies Act (NEA), and argues that political polarization has weakened Congress's ability to check the President's use of these powers. It advocates for reforms to balance national security needs with constitutional checks and balances, emphasizing the need to address the structural and political factors that enable presidential overreach.

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A Bull In A China Shop: How Cfius Made Tiktok A National Security Problem, Adina Feder Jan 2022

A Bull In A China Shop: How Cfius Made Tiktok A National Security Problem, Adina Feder

Cardozo International & Comparative Law Review

The note critiques the expansion of the Committee on Foreign Investment in the United States' (CFIUS) mandate under the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), particularly its inclusion of "sensitive personal data" as a factor in national security reviews. This expansion has led to overly broad and vague definitions, resulting in unnecessary restrictions on foreign direct investment (FDI) without adequately addressing legitimate national security concerns. The note argues that data privacy issues should be addressed through separate federal privacy legislation rather than CFIUS, which is ill-suited to handle such matters. It calls for clearer definitions and a …

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Water Privatization And The Case For A Public Model, Jessica Wang Jan 2022

Water Privatization And The Case For A Public Model, Jessica Wang

Cardozo International & Comparative Law Review

The note examines the risks associated with privatizing water systems, focusing on cases in Flint, Michigan, and Buenos Aires, Argentina. It argues that privatization can undermine public rights, exacerbate inequalities, and lead to environmental injustice. The analysis highlights the failure of regulatory oversight and advocates for stronger legal frameworks to protect vulnerable communities.

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Panel 2: Should The British Museum Return The Collection To Athens?, Michael Mccullough, Irini Stamatoudi, Elizabeth Marlowe, Kris Tytgat Jan 2022

Panel 2: Should The British Museum Return The Collection To Athens?, Michael Mccullough, Irini Stamatoudi, Elizabeth Marlowe, Kris Tytgat

Cardozo Arts & Entertainment Law Journal

The article challenges the notion that the Parthenon Marbles constitute a unique case for repatriation, arguing that this claim is both factually inaccurate and ethically problematic. It contends that framing the Parthenon Marbles as an exceptional case undermines broader efforts toward decolonization and restorative justice, as it dismisses solidarity with other formerly colonized nations seeking the return of their cultural heritage. The article advocates for a systematic approach to repatriation, emphasizing ethical obligations and the need for museums to adopt principles of restitution grounded in collaboration and equity.

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Panel 4: Cultural Property And International Human Rights Trends, Sandy Cobden, Leila Amineddoleh, Kristen A. Carpenter, Lawrence Kaye Jan 2022

Panel 4: Cultural Property And International Human Rights Trends, Sandy Cobden, Leila Amineddoleh, Kristen A. Carpenter, Lawrence Kaye

Cardozo Arts & Entertainment Law Journal

The article examines the challenges and trends in recognizing the human rights dimension of cultural property claims, particularly for Indigenous Peoples. It highlights the intersection of social, ethical, and legal dynamics in repatriation efforts, emphasizing the need for international cooperation and the development of effective mechanisms to address these claims. The analysis underscores the importance of considering Indigenous Peoples' laws, traditions, and customs in repatriation processes and advocates for diplomatic approaches over litigation.

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A Human Rights Approach To Cultural Property: Repatriating The Yaqui Maaso Kova, Kristen A. Carpenter Jan 2022

A Human Rights Approach To Cultural Property: Repatriating The Yaqui Maaso Kova, Kristen A. Carpenter

Cardozo Arts & Entertainment Law Journal

The article argues that current legal frameworks for repatriating cultural property, such as the 1970 UNESCO Convention, are insufficient because they are state-centric and fail to address the rights and interests of Indigenous Peoples. It advocates for a human rights approach, emphasizing the UN Declaration on the Rights of Indigenous Peoples, to remedy past injustices and ensure the repatriation of sacred objects like the Yaqui Maaso Kova. This approach prioritizes Indigenous Peoples' rights to religion, culture, and self-determination over state interests.

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At The Intersection Of Diplomacy And International Law: The Isds Reform Process, Chiara Giorgetti Jan 2022

At The Intersection Of Diplomacy And International Law: The Isds Reform Process, Chiara Giorgetti

Law Faculty Publications

Diplomacy and international law are highly interactive and interdependent, as Margaret McGuinness and David Stewart explain well in the introduction of this book. This is especially true in international dispute settlement, where diplomacy and international law build on each other as essential tools for the maintenance of peace. From the creation of new international courts and tribunals to enforcement of many international awards and judgments, diplomacy plays a crucial role in fostering and strengthening dispute resolution. ...

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International Environmental Law At Its Semicentennial: The Stockholm Legacy, Melissa J. Durkee Jan 2022

International Environmental Law At Its Semicentennial: The Stockholm Legacy, Melissa J. Durkee

Scholarly Works

The 1972 United Nations Conference on the Human Environment produced the Stockholm Declaration, an environmental manifesto that forcefully declared a human right to environmental health and birthed the field of modern international environmental law. The historic event powerfully “dramatized . . . the unity and fragility of the biosphere,” sparking a remarkable period of international legal innovation and cooperation on environmental protection in the decades to come.

The Stockholm Declaration can be rightly celebrated for putting environmental issues on the international legal agenda and driving the development of environmental law at the domestic level around the world. At the same …

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International Child Law And The Settlement Of Ukraine-Russia And Other Conflicts, Diane Marie Amann Jan 2022

International Child Law And The Settlement Of Ukraine-Russia And Other Conflicts, Diane Marie Amann

Scholarly Works

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 …

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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 Jan 2022

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

Scholarly Works

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.

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Why Conflict Between International Economic And Rights-Based Governance Is Inevitable, Desiree Leclercq Jan 2022

Why Conflict Between International Economic And Rights-Based Governance Is Inevitable, Desiree Leclercq

Scholarly Works

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.
/="/">
/="/">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 …

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The Gendered Interpretation Of Child Marriage: A Niger Case Study, Melissa Safi Jan 2022

The Gendered Interpretation Of Child Marriage: A Niger Case Study, Melissa Safi

Dissertations and Theses

This paper seeks to answer the question, what is the primary factor driving child marriage? I explore the literature in several scholarly articles that explain why the harmful, traditional practice of child marriage is an issue that predominantly affects girls globally. I also utilize the feminist theory of international relations to support my analysis of child marriage as a gender issue. Incorporating evidence from annual international reports, scholarly articles, and mixed methods studies, this paper examines a case study of Niger, where child marriage affects more than half the population of girls under the age of 18. In studying Niger, …

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Outsourcing Enforcement, Desiree Leclercq Jan 2022

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 …

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The Enduring Role Of Conflict In The Perpetuation Of Famine: Advancing 'The Right To Adequate Food' For Sustainable Peace, Robert M. Bane Jan 2022

The Enduring Role Of Conflict In The Perpetuation Of Famine: Advancing 'The Right To Adequate Food' For Sustainable Peace, Robert M. Bane

Dissertations and Theses

The present thesis evaluates developments and trends in global conflict dynamics, global systems of governance, and global hunger. Together, the thesis investigates and upholds the notion that famine is a ‘man-made’ phenomenon and explains how famine persists in a world abundant with food. Through analysis and research the following is found: the occurrence of global conflict is accelerating alongside an increase in the severity of organized violence dynamics; global authoritarianism is expanding presenting a threat to global freedoms and liberal democracy; as these trends are occurring, world hunger is steadily on the rise reflecting a significant backsliding of progress achieved …

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The Unfccc Regime At A Crossroads: Can You Trust Anyone Over 30?, Meinhard Doelle Jan 2022

The Unfccc Regime At A Crossroads: Can You Trust Anyone Over 30?, Meinhard Doelle

Articles, Book Chapters, & Popular Press

The UN Framework Convention on Climate Change (UNFCCC) was adopted in 1992 and it was opened for signature at Rio de Janeiro in June of that year. The 30th anniversary of its adoption offers an opportunity to reflect on more than a quarter of a century of UN climate diplomacy, and to consider the path ahead. This contribution takes a look back at the choices made that have led the regime to its current state. It then takes a look forward and considers the prospects of the regime meeting its ultimate aim of avoiding dangerous human interference with the climate …

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Human Rights At The Ocean-Climate Nexus: Opening Doors For The Participation Of Indigenous Peoples, Children And Youth, And Gender Diversity, Unwana Udo, Tahnee Prior, Sara L. Seck Jan 2022

Human Rights At The Ocean-Climate Nexus: Opening Doors For The Participation Of Indigenous Peoples, Children And Youth, And Gender Diversity, Unwana Udo, Tahnee Prior, Sara L. Seck

Articles, Book Chapters, & Popular Press

No abstract provided.

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Indigenous Rights And Interests In A Changing Arctic Ocean: Canadian And Russian Experiences And Challenges, Anna Sharapova, Sara L. Seck, Sarah L. Macleod, Olga Koubrak Jan 2022

Indigenous Rights And Interests In A Changing Arctic Ocean: Canadian And Russian Experiences And Challenges, Anna Sharapova, Sara L. Seck, Sarah L. Macleod, Olga Koubrak

Articles, Book Chapters, & Popular Press

The Arctic has been home to Indigenous peoples since long before the international legal system of sovereign states came into existence. International law has increasingly recognized the rights of Indigenous peoples, who also have status as Permanent Participants in the Arctic Council. In northern Canada, the majority of those who live in the Arctic are recognized as Indigenous. However, in northern Russia, a much smaller percentage of the population is identified as Indigenous, as legal recognition is only accorded to groups with a small population size. This article will compare Russian and Canadian approaches to recognition of Indigenous peoples and …

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Gender And Intersectionality In Business And Human Rights Scholarship, Melisa N. Handl, Sara L. Seck, Penelope Simons Jan 2022

Gender And Intersectionality In Business And Human Rights Scholarship, Melisa N. Handl, Sara L. Seck, Penelope Simons

Articles, Book Chapters, & Popular Press

In this article, we explore what intersectionality, as an analytic tool, can contribute to business and human rights (BHR) scholarship. To date, few BHR scholars have explicitly engaged in intersectional analysis. While gender analysis of BHR issues remains crucial to expose inequality in business activity, we argue that engagement with intersectionality can enrich and support this and other BHR scholarship. Intersectional approaches allow us to move beyond single-axis analysis, contest simplistic representations about gender issues and expose the complexity of human relations. It draws our attention to structures that sustain disadvantage such as racism, colonialism, social and economic marginalization and …

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Breathing Life Into Our Living Tree And Strengthening Our Constitutional Roots: The Promise Of The United Nations Declaration On The Rights Of Indigenous Peoples Act, Naiomi Metallic Jan 2022

Breathing Life Into Our Living Tree And Strengthening Our Constitutional Roots: The Promise Of The United Nations Declaration On The Rights Of Indigenous Peoples Act, Naiomi Metallic

Articles, Book Chapters, & Popular Press

In 2015, the Truth and Reconciliation Commission of Canada (“TRC”) suggested that, despite over 30 years of interpretation in the courts, section 35 of the Constitution Act, 1982, which “recognizes and affirms” the Aboriginal and treaty rights of the Aboriginal peoples of Canada, is not achieving meaningful reconciliation. The TRC defined reconciliation as being about “establishing and maintaining a mutually respectful relationship between Aboriginal and non-Aboriginal peoples in this country.” According to the TRC, the “reconciliation vision that lies behind Section 35 should not be seen as a means to subjugate Aboriginal peoples to an absolute sovereign Crown,” implying this …

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Aboriginal Rights, Legislative Reconciliation And Constitutionalism, Naiomi Metallic Jan 2022

Aboriginal Rights, Legislative Reconciliation And Constitutionalism, Naiomi Metallic

Articles, Book Chapters, & Popular Press

This paper sketches out the idea of ‘legislative reconciliation’ – governments in Canada using their legislative powers to recognize and protect the inherent rights of Indigenous peoples. Legislative reconciliation is needed because the existing approaches to the implementation of inherent rights—negotiation and constitutional litigation—have been insufficient on their own to bring about a mutually respectful relationship between Indigenous and non-Indigenous peoples. Despite the entrenchment of s 35, state governments have not seen themselves as having a role in its implementation in the same way they do for Charter rights. In particular, Canadian governments have not felt compelled to legislate to …

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