International Law Commons^™

United States Foreign Assistance: Beyond Good Intentions And Toward Accountability, James Filpi, Luke Murry

ILSA Journal of International & Comparative Law

The United States is ushering in a new era of foreign assistance unparalleled in its history.

Saving Lives And Building Society: The European Migration Agenda, Dr. Catherine Tinker

ILSA Journal of International & Comparative Law

The European Union is attempting to manage an extraordinary flow of migrants and refugees into Europe, exceeding 1,000,000 in 2015 alone, the largest number of displaced persons (both externally and Internally) since World War II.

Captivity And The Law: Hostages, Detainees, And Criminal Defendants In The Fight Against Terrorism, Adam R. Pearlman

ILSA Journal of International & Comparative Law

This article breifly addresses three issues that practitioners handling counterterrorism issues may encounter.

The Formal Validity Of The Mortis Causa Provisions In The Regulations 650/2012 (Eu): An Article On Spanish Law, Dr. Lidia Arnau Raventos

ILSA Journal of International & Comparative Law

The purpose of the following commentary is to address the relative question of the applicable law to the formal validity of a mortis causa provision to the basis of the July Fourth, 2012 Regulation 650/2012 (Regulation 650/2012 or Regulation) of the European Parliament and Council, concerning the competence, applicable law, recognition and execution of resoluitions, acceptance and execution of public documents in the field of mortis causa inheritance and to the creation of a European certificate of inheritance.

Journal Of International And Comparative Law, Journal Of International And Comparative Law

ILSA Journal of International & Comparative Law

Annually, the American Branch of the International Law Association and the International Law Students Association (ILSA) pair up to present the International Law Weekend (ILW) conference at Fordham University School of Law, in New York City.

Ilsa Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.

Access To Essential Medicines In African Countries: An Introduction, Peter G. Danchin, Diane Hoffmann

Faculty Scholarship

No abstract provided.

Exceptional And Universal? Religious Freedom In American International Law, Peter G. Danchin

Faculty Scholarship

No abstract provided.

Emerging Issues: Is A Grexit—A Greek Exit From The Eurozone—The Solution?, Ruby Devine

University of Baltimore Journal of International Law

“Greece is in its own Great Depression. But unlike the United States, it won’t be able to get back on its feet as quickly[.]”1 For over five years now, Greece has been doddering on the edge of disaster. Receiving its third bailout in five years, Greece is now faced with the task of implementing strict austerity controls that the Greek people have unequivocally rejected. If Greece were to default, one consequence is a Grexit, a Greek exit from the European Union, which many fear would compromise the delicate European system.2 On August 20, 2015, Greece narrowly avoided default on its …

A Case Study: Law And Emotions Within The Kingdom Of The Netherlands, Nanneke Quik-Schuijt, Irene Broekhuijse

University of Baltimore Journal of International Law

Whether you are a Christian or not, you cannot deny the truth of the proverb “[a] brother offended is more unyielding than a strong city, and quarrelling is like the bars of a castle,”1 especially when you study the constitutional relationship between the Netherlands and its former colonies Aruba, Curacao, and St. Maarten.

The Netherlands, Aruba, Curacao and St. Maarten are four countries that together constitute the Kingdom of the Netherlands.2 These countries feel so wronged by one another that emotions often take over. In July 2014, for instance, the Prime Minister of Aruba desperately went on a hunger strike …

Emerging Issues: Fifa World Cup 2022: Enjoying The Game At The Suffering Of Migrant Workers, Iram Ashraf

University of Baltimore Journal of International Law

On December 2, 2010, the Federation Internationale de Football Association (“FIFA”), granted Qatar the honor of hosting the 2022 World Cup. FIFA’s president, Sepp Blatter, stated that hosting the World Cup in Qatar, an “unstable region of the world,” is intended to unify millions of people that may not otherwise come together, such as Israelis and Palestinians. FIFA has put great efforts towards hosting this event in Qatar, so much so that it changed the tournament to be held in the winter rather than the summer for the first time in history. The logic behind this timing change was to …

Student Comment: Not Really A Battle Of The Sexes: Women’S Health Agenda Advocates Global Equality In Medical Research Trials And Drug Administration, Margery R. Beltran

University of Baltimore Journal of International Law

The New Women’s Health Agenda seeks to close the discriminatory gap between men’s and women’s medical treatment around the world. Often, women’s reproductive issues are the focus of medical studies in which women are involved; however, chronic diseases are quickly becoming a high health risk for the female population around the world. This comment explores the past, present, and future of women’s global health. Throughout history, women have been prevented from participating in clinical trials for reproductive protection reasons. The problem arises after men have successfully responded to treatment because the medication is then administered to both men and women. …

Emerging Issues: A Global Analysis: Legal Recognition And Equal Treatment Of Transgender Citizens, Madison H. Kyger

University of Baltimore Journal of International Law

Transgender individuals across nations have been subjected to a range of restrictive barriers, which limit their legal recognition of fundamental rights and protections. These obstacles place a stigma on transgender individuals, subjecting the community to a wide range of discrimination. These boundaries range in severity; some countries simply impose restrictions of use for certain facilities, while other countries resort to physical abuse. Recently, certain countries have enacted laws to give transgender members the same legal recognition that other citizens are afforded while other countries fail to accept the transgender community and continue to uphold restrictive barriers.

Emerging Issues: Shifting Focus From Deportation Of Unaccompanied Minors To Investing In Long-Term Reintegration Process, Zahara Lanewala

University of Baltimore Journal of International Law

Erminia’s shoes fell apart as she walked through the Texas desert, but Erminia persisted with the treacherous journey wearing just her socks. She crossed the desert for three days and two nights. She recounts that there were many thorns along the desert. Unfortunately, Ermina’s journey is similar to thousands of other unaccompanied minors who make the dangerous trek through the desert to find security within the borders of the U.S. Majority of the unaccompanied minors travel from El Salvador, Guatemala, and Honduras— commonly referred to as the “Northern Triangle.” From 2012 through 2016, the primary reason for the surge of …

The Responsibility Of Transnational Corporations In The Realization Of Children’S Rights, Isabel Mota Borges

University of Baltimore Journal of International Law

Transnational Corporations (TNCs), especially those operating in developing countries, have enormous socio-economic power— sometimes more than states. Many TNCs seek poor and unregulated markets, employing cheap, underage and fragile children, so they can create an economic competitive advantage and meet increasing international marketing demands. While many of them bring business and prosperity to a region, the damages can outweigh these benefits they perpetuate when behaving irresponsibly - occasionally irreparably - detrimentally impacting on children’s enjoyment of civil, political, economic, social, and cultural rights. The problem is exacerbated when national governments are unable or unwilling to regulate TNCs’ operations. It shall …

Extracurricular International Criminal Law, Mark A. Drumbl

Scholarly Articles

This article unpacks the jurisprudential footprints of international criminal courts and tribunals in domestic civil litigation in the United States conducted under the Alien Tort Statute (ats). The ats allows victims of human rights abuses to file tort-based lawsuits for violations of the laws of nations. While diverse, citations to international cases and materials in ats adjudication cluster around three areas: (1) aiding and abetting as a mode of liability; (2) substantive legal elements of genocide and crimes against humanity; and (3) the availability of corporate liability. The limited capacity of international criminal courts and tribunals portends that domestic tort …

The Foreign Corrupt Practices Act: Imposing An American Definition Of Corruption On Global Markets, Mateo J. De La Torre

Cornell Law Library Prize for Exemplary Student Research Papers

Mateo de la Torre’s research had an international focus in examining the cross-cultural implications of Foreign Corrupt Practices Act (FCPA).

de la Torre’s research required a comparative analysis of foreign laws that are similar to the United States’ FCPA and included statutes, legislative histories, and commentary from Brazil, Japan, and the United Kingdom. He also consulted extensively with several members of the Cornell Law faculty. de la Torre’s findings provided the basis for his examination of the FCPA’s impact on nondomestic actors and markets, arguing that the United States’ aggressive stance belies the Act’s original purpose. He then presented frameworks …

Sleep: A Human Rights Issue, Clark J. Lee

Homeland Security Publications

Recognition of sleep as a human rights issue by governmental and legal entities (as illustrated by recent legal cases in the United States and India) raises the profile of sleep health as a societal concern. Although this recognition may not lead to immediate public policy changes, it infuses the public discourse about the importance of sleep health with loftier ideals about what it means to be human. Such recognition also elevates the work of sleep researchers and practitioners from serving the altruistic purpose of improving human health at the individual and population levels to serving the higher altruistic purpose of …

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Transitional Justice Moments, Mark A. Drumbl

Scholarly Articles

Human rights are admittedly abstract but remain deeply personal. Often, however, it is easier for transitional justice to grapple with abstracted rights than it is to come to terms with actual human beings with all our indecision, nuance, resilience and unpredictability. A transitional justice brimming with abstractions and guidelines but that condescends flesh-and-blood beings quickly becomes ineffective and dehumanized. The vacillations of the human condition may well exasperate and confound, but they may also surprise and please. They may demonstrate growth and reveal great beauty. Senegalese writer Mariama Ba, in So Long a Letter, recounts how Ramatoulaye responds to …

Filling The Gap Of Domestic Violence Protection: Returning Human Rights To U.S. Victims, Melanie Kalmanson

Florida State University Law Review

The prevalence of domestic violence in the United States indicates a need for increased governmental protection. The current state-based system inadequately serves victims of domestic violence, and previous US. Supreme Court rulings indicate that the U.S. Constitution leaves the federal government in an impotent position for providing any form of protection for domestic violence victims. Pursuant to the American Declaration on the Rights and Duties of Man, domestic violence violates one's human rights, or those fundamental to personhood. By ratifying the American Declaration through the Charter of the Organization of the American States, the United States established its responsibility for …

Bar, Bench, And Civic Culture, Geoffrey C. Hazard Jr.

UC Law SF International Law Review

No abstract provided.

Indefinite Detention, Deadly Conditions: How Brazil's Notorious Criminal Justice System Violates The International Covenant On Civil And Political Rights, Layla Medina

American University International Law Review

No abstract provided.

A Future For A Forgotten Predator: Assessment Of The Global And Regional Legal Frameworks For Protection And Recovery Of The Caribbean Sawfishes Pristis Pristis And Pristis Pectinata And Recommendations For The Course Forward, Olga Koubrak

LLM Theses

Two species of sawfish, Pristis pristis and Pristis pectinata, used to be common in the coastal waters of the Caribbean Region. However, due to direct and incidental fishing pressures, national and international trade in body parts, and habitat loss, the populations of these ecologically and culturally significant species have drastically declined. This thesis identifies and reviews global and regional, binding and non-binding legal instruments in effect in the Caribbean Region that encourage states to protect biodiversity in general or address identified threats to sawfishes specifically. Despite the presence of obligations that call upon states to adopt sawfish conservation and habitat …

J.D. Program Concentrations 2016 International Law International Law Concentration, Nova Southeastern University

Shepard Broad College of Law Course Catalogs

No abstract provided.

Busqueda De Consensos Sobre Empresas Y Derechos Humanos: Hacia Un Instrumento Internacional Vinculante, Juan Ruiz Galan

American University International Law Review

No abstract provided.

Challenges And Opportunities Of The Expiring Columbia River Treaty, Barbara Cosens

Articles

No abstract provided.

Richmond Journal Of Global Law And Business Volume 15, Issue 1 - Prefatory Matter

Richmond Journal of Global Law & Business

No abstract provided.

Chinese "Workers Without Benefits", Ron Brown

Richmond Journal of Global Law & Business

Millions of workers in China are not afforded the rights and benefits of its labor and employment laws and thus are not "workers with benefits." China's labor reforms and worker "safety net" have come so far in the past 30 years, producing "workers with benefits." Why are there still millions of workers in the urban sector who do not have the protections of these labor and employment law reforms, who are the "workers without benefits," falling outside the labor safety net?

Legal And Medical Ethical Entanglements Of Infant Male Circumcision And International Law, Paul Mclaughlin

Law Library Faculty Scholarship

Recommended citation: Paul Jerome McLaughlin, Jr., Journal of Medical Law and Ethics, Volume 4, Number 1, March 2016, pp. 23-38 (16).

The practice of infant male circumcision has been debated by legal and medical experts for years. The practice, once seen as a social norm, has come under opposition by children’s rights, legal, and medical organizations around the world. In order to meet the requirements of international treaty law and allow infant male children the fullest opportunity for self determination, infant male circumcision must be treated under the law and by medical practitioners with the same degree of opposition that …

Emerging International Trends And Practices In Guardianship Law For People With Disabilities, Robert Doinerstein, Esme Grant Grewal, Jonathan Martinis

ILSA Journal of International & Comparative Law

The concept of adult guardianship has existed for hundreds of centuries in the intenational sphere and dates back to ancient Greek and Roman times and English common law.