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Full-Text Articles in International Law

Epilogue: Some Musings On Deterrence, Mark A. Drumbl Jan 2021

Epilogue: Some Musings On Deterrence, Mark A. Drumbl

Scholarly Articles

Does law matter? Might it make a difference? Affect human behaviour? Assumptively, yes, it is easy to surmise such causation. Indeed, law can guide. Law manages. At times, law can even control and command and direct. But law is such a sprawling category. Not all laws are the same. Some laws are, in an Orwellian sense, more equal than others. Some walk on four legs, which is good, but not every law comes to walk on two legs when it is better. And some laws, well, they may not move anywhere (or anyone) at all.

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Pursuing Gender Equality Through The Courts: The Role Of South Africa’S Women Judges, Penelope Andrews Jan 2021

Pursuing Gender Equality Through The Courts: The Role Of South Africa’S Women Judges, Penelope Andrews

Articles & Chapters

This chapter will focus on the contribution of female judges to the transformation of the judiciary in South Africa and specifically the pursuit of gender equality. It is a limited project that will explore the impacts of women judges on constitutional jurisprudence and how the influence of women judges has interacted with the broader transformation of the judicial and political system in South Africa after apartheid. In examining the impact of women judges on constitutional jurisprudence with respect to gender equality, I explore whether women judges have, in their judgments, conscripted and interpreted the constitution to highlight and guarantee its …

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Compensation For Environmental Damage: Progressively Casting A Wider Net, But What’S The Catch?, M P Ram Mohan, Els R. Kini Jan 2021

Compensation For Environmental Damage: Progressively Casting A Wider Net, But What’S The Catch?, M P Ram Mohan, Els R. Kini

Vanderbilt Journal of Transnational Law

In the case Certain Activities Carried Out by Nicaragua in the Border Area (Costa Rica v. Nicaragua)–-Compensation Owed by The Republic of Nicaragua to The Republic of Costa Rica (the Costa Rica case), the International Court of Justice (ICJ) had to ascertain the compensation amount due by Nicaragua for the environmental damage it had caused to Costa Rica. This was the first time the ICJ was asked to weigh in and settle an environmental damage compensation claim between two states. After a concise introduction in Part I, this Article will first review the distinction between state responsibility for wrongful acts …

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Pandemics And International Law: The Need To Strengthen International Legal Frameworks After The Covid-19 Global Health Pandemic [Sierra Leone], Charles C. Jalloh Jan 2021

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

Articles

No abstract provided.

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Enterprise Group Restructuring: Dutch Options And United States Enforcement, G. Ray Warner, Michael Veder Jan 2021

Enterprise Group Restructuring: Dutch Options And United States Enforcement, G. Ray Warner, Michael Veder

Faculty Publications

On 1 January 2021 the Dutch Wet Homologatie Onderhands Akoord, also referred to as the Dutch scheme, entered into force. The Dutch scheme represents a robust restructuring framework that incorporates many of the main restructuring concepts from both the English scheme of arrangement and US chapter 11. It also adds a few new restructuring tools that will make it easier to restructure enterprise group debt by expressly providing that a restructuring plan may include the release of group guarantees and by adopting liberal jurisdictional rules that should permit proceedings to be opened in the Netherlands for all members of …

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Human Rights Reporting As Human Rights Governance, Margaret E. Mcguiness Jan 2021

Human Rights Reporting As Human Rights Governance, Margaret E. Mcguiness

Faculty Publications

Contrary to the view that the rejection of human rights treaty membership has left the United States outside the formal international human rights system, the United States has played a key role in international human rights governance through congressionally mandated human rights monitoring and reporting. Since the mid-1970s, congressional oversight of human rights diplomacy, which requires reporting on global human rights practices, has integrated international human rights law and norms into the execution of U.S. foreign policy. While the congressional human rights mandates have drifted from their original purpose to condition allocation of foreign aid, they have effectively embedded international …

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Heaven Or Earth: The Hagia Sophia Re-Conversion, Turkish And International Law, And The Special Case Of Universal Religious Sites, Michael Goodyear Jan 2021

Heaven Or Earth: The Hagia Sophia Re-Conversion, Turkish And International Law, And The Special Case Of Universal Religious Sites, Michael Goodyear

Articles & Chapters

The Hagia Sophia has stood as one of the greatest religious buildings in the world for nearly 1,500 years. During this time, the structure was a church and then a mosque, before finally becoming a museum in 1934. But in July 2020, the Turkish president, Recep Tayyip Erdoğan, re-converted the Hagia Sophia to a mosque following a ruling by the Turkish Council of State. The re-conversion was received with outrage across much of the world, but whether the decision was legal poses a much more difficult question.

This article analyzes Turkish domestic law and international law to conclude that there …

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The U.S.-China Audit Oversight Dispute: Causes, Solutions, And Implications For Hong Kong, Robin Hui Huang Jan 2021

The U.S.-China Audit Oversight Dispute: Causes, Solutions, And Implications For Hong Kong, Robin Hui Huang

The International Lawyer

No abstract provided.

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The Use Of Mediation To Resolve Conflicts Arising From Cultural Appropriation By Western Fashion Brands, Faith Adongo Jan 2021

The Use Of Mediation To Resolve Conflicts Arising From Cultural Appropriation By Western Fashion Brands, Faith Adongo

Cardozo Journal of Conflict Resolution

The Cambridge Dictionary defines cultural appropriation as "the act of taking or using things from a culture that is not your own, especially without showing that you understand or respect this culture." It is sometimes referred to as cultural misappropriation, and also defined as taking intellectual property, traditional knowledge, cultural expressions, or artifacts from a culture other than one's own, without permission. Supporters of cultural appropriation see it as the only realistic way of developing, spreading and integrating cultures, while critics see it as a means through which dominant cultures "borrow" from the cultures of minority groups.

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Religious Roots Of Corporate Organization, Amanda Porterfield Jan 2021

Religious Roots Of Corporate Organization, Amanda Porterfield

Seattle University Law Review

Religion and corporate organization have developed side-by-side in Western culture, from antiquity to the present day. This Essay begins with the realignment of religion and secularity in seventeenth-century America, then looks to the religious antecedents of corporate organization in ancient Rome and medieval Europe, and then looks forward to the modern history of corporate organization. This Essay describes the long history behind the entanglement of business and religion in the United States today. It also shows how an understanding of both religion and business can be expanded by looking at the economic aspects of religion and the religious aspects of …

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Investors As International Law Intermediaries: Using Shareholder Proposals To Enforce Human Rights, Kishanthi Parella Jan 2021

Investors As International Law Intermediaries: Using Shareholder Proposals To Enforce Human Rights, Kishanthi Parella

Seattle University Law Review

One of the biggest challenges with international law remains its enforcement. This challenge grows when it comes to enforcing international law norms against corporations and other business organizations. The United Nations Guiding Principles recognizes the “corporate responsibility to respect human rights,” which includes human rights due diligence practices that are adequate for “assessing actual and potential human rights impacts, integrating and acting upon the findings, tracking responses, and communicating how impacts are addressed.” Unfortunately, many corporations around the world are failing to implement adequate human rights due diligence practices in their supply chains. This inattention leads to significant harms for …

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Rule Of Law And Human Rights: Strengthening Democratic Institutions Academy On Human Rights And Humanitarian Law Articles On Rule Of Law And Human Rights: Strengthening Democratic Institutions: Introduction, Claudia Martin, Diego Rodriguez-Pinzon Jan 2021

Rule Of Law And Human Rights: Strengthening Democratic Institutions Academy On Human Rights And Humanitarian Law Articles On Rule Of Law And Human Rights: Strengthening Democratic Institutions: Introduction, Claudia Martin, Diego Rodriguez-Pinzon

Scholarly Articles in Law Reviews & Journals

We are delighted to present this year's publication of the Academy on Human Rights and Humanitarian Law, which includes two of the best essays in English and in Spanish recognized in the 2020 Human Rights Essay Award competition. It is satisfying to think that this competition allowed a number of participants an opportunity to expound their thoughts on so many important topics and on so many areas of the world. We hope these participants are able to use their articles as mechanisms for change.

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Lafarge's Case Cemented: Holding Corporations Liable For Crimes Against Humanity, Madeline Young Jan 2021

Lafarge's Case Cemented: Holding Corporations Liable For Crimes Against Humanity, Madeline Young

Emory International Law Review Recent Developments

The LaFarge case highlights two key issues: accountability of multinational actors operating in conflict areas for contributing financially to the commission of atrocities by terrorist groups or other entities; and the responsibility of parent companies for the illegal activities of their subsidiaries abroad. At present, the criminal case against LaFarge for complicity in crimes against humanity and other violations is before the French Supreme Court, with hearings continuing through 2021. In 2017, France introduced the first “duty of vigilance” law in Europe, which obligates companies to prevent human rights abuses in their supply chains worldwide, and requires them to pay …

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Preserving The Environment By Serving The Notion Of Common Good: Toward A Responsible Investment, Matin Pedram Jan 2021

Preserving The Environment By Serving The Notion Of Common Good: Toward A Responsible Investment, Matin Pedram

Emory International Law Review Recent Developments

Our lives on the planet constitute a bigger image defining the relationship with the environment. Hence, it is worth talking about the common good of people worldwide. In this sense, we envisage a borderless good or better to say a shared good that is the environment, and individuals’ activities can be interpreted by their impacts on it. Environmental protection is a hot topic and states have put their efforts to minimize humans’ footprints by introducing regulations and measures because lack of comprehensive measures leads to regulative imbalances among communities. Less-developed communities (LDCs) intend to attract multinational corporations to invest in …

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Cross-Border E-Discovery: Production Of Esi From Chinese Entities, Julie Sher Jan 2021

Cross-Border E-Discovery: Production Of Esi From Chinese Entities, Julie Sher

Emory International Law Review Recent Developments

This Essay proposes a new approach to E-Discovery disputes in U.S.-China litigation. More specifically, it proposes a guide on best steps to take to resolve E-Discovery disputes in U.S. courts involving Chinese entities in general and Chinese banking and financial entities in particular. This Essay asserts that U.S. litigants should be required to attempt exchange of documents via the Hague Evidence Convention first. Additionally, the Aerospatiale Test should be expanded to include the Restatement Third International Comity Balancing Test. Using these steps and sources of law, U.S. courts will be able to resolve these discovery disputes much more efficiently and …

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Prosecuting Crimes Against Culture: The Contributions Of The Al-Mahdi And Ntaganda Cases To The Icc Approach To Cultural Property Protections, Samira Mathias Jan 2021

Prosecuting Crimes Against Culture: The Contributions Of The Al-Mahdi And Ntaganda Cases To The Icc Approach To Cultural Property Protections, Samira Mathias

Emory International Law Review Recent Developments

Across the world, cultural property has come under heavy fire in the midst of war. The proliferation of attacks against cultural property in armed conflicts around the world has underlined the need for effective protections for such property. If the International Criminal Court finds a way to extend jurisdiction to offences in these territories, Articles 8(2)(b)(ix) and 8(2)(e)(iv) of the Rome Statute will become the most important tools of prosecution. But the statute itself, while aiming at ending impunity, is bound by the pillars of criminal justice—lex praevia, lex certa, lex stricta, and lex scripta. This Article examines the Al …

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Automation And The International Human Right To Work, Martin Kwan Jan 2021

Automation And The International Human Right To Work, Martin Kwan

Emory International Law Review Recent Developments

Automation continues to result in significant structural changes to the nature of work as computers, robots, or Artificial Intelligence (AI) are performing an increasing number of jobs. These technologies have elevated the possibilities for human prosperity and innovation, but job loss, privacy infringements, and the increasing agency of robotic systems are all acknowledged risks. These concerns are not new. In 1948, when delegates from 48 countries came together to sign the Universal Declaration of Human Rights (UDHR), they sought to capture in words what a “good human life” meant, which included the "right to work." Human rights instruments, like the …

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From The Crisis Of Critique To The Critique Of Crisis, Ben Golder Jan 2021

From The Crisis Of Critique To The Critique Of Crisis, Ben Golder

University of Colorado Law Review

No abstract provided.

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The Interpretation Of International Investment Treaties: The Application Of Mfn Clauses To Matters Of Dispute Settlement In Bits, Amr Mostafa Aabed Abdo Jan 2021

The Interpretation Of International Investment Treaties: The Application Of Mfn Clauses To Matters Of Dispute Settlement In Bits, Amr Mostafa Aabed Abdo

Theses and Dissertations

The decisions of the arbitral tribunals have been under heavy attack for the inconsistent and unintended interpretations that went beyond the intent of the parties as it is expressed in the treaty provisions. One of these misinterpreted provisions is the MFN clause. Many tribunals have used this clause to allocate the adjudicatory authority between international arbitration and domestic courts. The problem of this application is a matter of treaty interpretation that is governed by the international rules of interpretation in the VCLT. These rules provide a balance approach to treaty interpretation and recognize equally the legitimate rights and interests of …

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Table Of Contents - Cardozo International & Comparative Law Review, Vol. 4, Iss. 2 Jan 2021

Table Of Contents - Cardozo International & Comparative Law Review, Vol. 4, Iss. 2

Cardozo International & Comparative Law Review

No abstract provided.

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The Assassin Was Not Insane: The Acquittal Of The Assassin Of A Genocide's Architect As Symbolic Jury Nullification, Christian G. Ohanian Jan 2021

The Assassin Was Not Insane: The Acquittal Of The Assassin Of A Genocide's Architect As Symbolic Jury Nullification, Christian G. Ohanian

Cardozo International & Comparative Law Review

The acquittal of Soghomon Tehlirian for assassinating Talaat Pasha, a key architect of the Armenian Genocide, represents a significant instance of symbolic jury nullification. This verdict symbolically addressed the moral and legal failure to hold Talaat Pasha accountable, influencing the development of international human rights law and figures like Raphael Lemkin.

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Social Rights And The Welfare State: A Necessary Relation, Mario Santiago Juarez Jan 2021

Social Rights And The Welfare State: A Necessary Relation, Mario Santiago Juarez

Cardozo International & Comparative Law Review

The article argues that the welfare state is indispensable for fulfilling social rights, emphasizing that mere recognition of these rights is insufficient without robust state commitment to public policies and systems. It traces the historical development of social rights from the industrial revolution to modern times, highlighting the role of key reforms and international frameworks. The analysis critiques the limitations of judicial enforcement and advocates for structural policies, such as progressive taxation and full employment, to ensure equitable access to essential services like education, healthcare, and housing.

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Learning From Experience: Comparing Legal Approaches To Foreign Bribery And Modern Slavery, Hannah Harris, Justine Nolan Jan 2021

Learning From Experience: Comparing Legal Approaches To Foreign Bribery And Modern Slavery, Hannah Harris, Justine Nolan

Cardozo International & Comparative Law Review

The article examines two distinct regulatory frameworks addressing global corruption and human rights issues: the criminal law approach to foreign bribery and the disclosure-based approach to modern slavery in supply chains. It argues that while the foreign bribery framework, exemplified by laws like the FCPA and the UK Bribery Act, relies on strict criminal liability, the modern slavery framework, as seen in laws like the Australian and UK Modern Slavery Acts, focuses on disclosure with limited enforcement mechanisms. The article proposes integrating elements of experimental governance, such as penalty defaults and stakeholder collaboration, to enhance the effectiveness of both frameworks …

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The Recent Changes Introduced To The Method Of Removal Of Judges Of The Supreme Court Of Bangladesh & The Consequent Triumph Of An All-Powerful Executive Over The Judiciary: Judicial Independence In Peril, M. Ehteshamul Bari Jan 2021

The Recent Changes Introduced To The Method Of Removal Of Judges Of The Supreme Court Of Bangladesh & The Consequent Triumph Of An All-Powerful Executive Over The Judiciary: Judicial Independence In Peril, M. Ehteshamul Bari

Cardozo International & Comparative Law Review

Nothing contributes more to the firmness and independence of the judiciary as permanency in office, as it enables judges to decide cases, regardless of whether their decisions please the executive or the legislature. The Constitution of Bangladesh, 1972, originally empowered the Parliament to remove judges of the Supreme Court only on the grounds of proved misbehavior or incapacity. However, the Constitution (Fourth Amendment) Act, 1975, which replaced parliamentary democracy with a presidential form of government, empowered the President to remove the judges of the Supreme Court in accordance with his own will. But two years later in April 1977, the …

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Human Rights Realism, Natalie R. Davidson Jan 2021

Human Rights Realism, Natalie R. Davidson

Vanderbilt Journal of Transnational Law

In the aftermath of gross human rights abuses, when, if at all, should we forego legal accountability? Human rights scholars debated this question in the 1980s and 1990s, in what was referred to as the "peace versus justice" debate. The "justice" side won the day among human rights advocates, among whom the dominant position is that legal accountability is a necessary response to atrocity and cannot be limited by political considerations (a position this Article terms "human rights absolutism'). However, this question has resurfaced in the twenty-first century, in intense debates with interlocutors outside the field of human rights. Faced …

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The Image Of European Union Law In Bilateral Relations, Sharon Pardo, Lior Zemer Jan 2021

The Image Of European Union Law In Bilateral Relations, Sharon Pardo, Lior Zemer

Vanderbilt Journal of Transnational Law

The impact of foreign law on the development of national laws has been analyzed and vindicated in numerous studies in comparative legal literature. These studies typically focus on the two most prominent legal systems--common law (the Anglo-American system) and civil law (the Continental system). The historical reasons for this are clear, emanating from the fact that the world's legal systems are based on these legal regimes and are amended in the spirit of changes made to them. Over the years, however, with the many effects of legal and economic globalization, legal systems have become a diverse mosaic which has appropriated …

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A False Messiah? The Icc In Israel/Palestine And The Limits Of International Criminal Justice, Jeremie Bracka Jan 2021

A False Messiah? The Icc In Israel/Palestine And The Limits Of International Criminal Justice, Jeremie Bracka

Vanderbilt Journal of Transnational Law

This Article challenges the International Criminal Court’s (ICC) quasi-messianic mandate in the Middle-East. It casts doubt over the legal basis and desirability of an ICC intervention in the situation of Palestine. Despite the prosecutor’s formal opening of an investigation in 2021, there exist formidable obstacles to exercising jurisdiction over Gaza and the Israeli settlements. The Office of the Prosecutor (OTP) faces an uphill battle based on complex territorial and temporal dimensions. Indeed, the admissibility hurdles at the ICC of Palestinian statehood, complementarity, gravity and the interests of justice merit close inquiry. This Article also challenges the ICC as an ideal …

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Intellectual Property As A Determinant Of Health, Ana S. Rutschman Jan 2021

Intellectual Property As A Determinant Of Health, Ana S. Rutschman

Vanderbilt Journal of Transnational Law

Public health literature has long recognized the existence of determinants of health, a set of socioeconomic conditions that affect health risks and health outcomes across the world. The World Health Organization defines these determinants as “forces and systems” consisting of “factors combin[ing] together to affect the health of individuals and communities.” Frameworks relying on determinants of health have been widely adopted by countries in the global South and North alike, as well as international institutional players, several of which are direct or indirect players in transnational intellectual property (IP) policymaking. Issues raised by the implementation of IP policies, however, are …

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Re-Emphasizing African Bioethics In Light Of Potential Crispr-Based Treatment For Hiv And Sickle Cell Disease, Taylor Daniel Jan 2021

Re-Emphasizing African Bioethics In Light Of Potential Crispr-Based Treatment For Hiv And Sickle Cell Disease, Taylor Daniel

Vanderbilt Journal of Transnational Law

Recent genetic studies indicate that CRISPR-Cas9, a biological gene-editing mechanism derived from bacteria, may be capable of curing HIV and Sickle Cell Disease. Clinical research for HIV and SCD is prevalent in African nations because of the high incidence of those diseases in all forms. Because past research studies in Africa demonstrate how Western companies can abuse lax ethics regulations in developing African nations, ethics systems must prevent this new, potentially far-reaching CRISPR technology from being prematurely and unethically used on African research participants. In updating current international bioethics frameworks, drafters should pay particular attention to its application in African …

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Pornography-Based Sex Trafficking: A Palermo Protocol Fit For The Internet Age, Hope Watson Jan 2021

Pornography-Based Sex Trafficking: A Palermo Protocol Fit For The Internet Age, Hope Watson

Vanderbilt Journal of Transnational Law

The United Nations Palermo Protocol provides an international framework for regulating human trafficking with aims of increasing perpetrator prosecution and victim rehabilitation. Signatory nations implement this resolution through domestic legislation. Discrepancies across these statutes result in dangerous jurisdictional gaps and chaotically varied law enforcement approaches. Though legal scholarship rarely addresses the topic, pornography-based sex trafficking provides a clear example of this trend. The unique digital features of the internet compound these challenges. This Note seeks to close procedural gaps and alleviate policing frustrations through a proprietary examination of the Protocol’s “exploitation” definition and suggests an amendment to the Protocol that …

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