Comparative and Foreign Law Commons^™

Discussant Commentary On The Twenty-Fourth Annual Grotius Lecture, Karima Bennoune

American University Law Review

I express my sincere thanks to the American Society of International Law and the International Legal Studies Program at American University Washington College of Law for the invitation to be this year’s commentator. It is indeed an honor to respond to Judge Charlesworth’s erudite Grotius Lecture: “The Art of International Law.”

Just getting to say Judge Hilary Charlesworth alone is very meaningful. She is only the fifth woman judge out of 110 total judges on the International Court of Justice (ICJ) so far. Thanks to hard work by feminist international lawyers like her, there is finally an uptick in women’s …

Legal Cooperation Issues On Sea Level Rise, Maria Teresa Infante

American University Law Review

This is a very timely event. Although there have been several cases in which experts—both academics and governments—discuss the connection between sea-level rise and the legal framework, this event is important because it will bring to the forefront the fact that the practice in the Americas and the Caribbean should be analyzed when discussing this pressing topic. This is a very important initiative; I encourage the Inter-American system and the juridical committee to tackle this issue. I hope it will be in connection with the work that is being conducted by the International Law Commission itself.

Stars, Stripes, And Surveillance: The United States' Failure To Regulate Data Privacy, Sam Begland

American University Law Review

In the wake of the United States Supreme Court’s devastating decision to strip Americans of their constitutional right to abortion in Dobbs v. Jackson Women’s Health Organization, data privacy is more salient than ever. Without adequate data regulations, state governments and anti-abortion activists alike can harass and prosecute pregnant people attempting to exercise their bodily autonomy. This comment argues that the United States has violated its obligations under the International Covenant on Civil and Political Rights (ICCPR) Article 17 by failing to protect against interference with the use and collection of reproductive health data. Further, this comment analyzes interpretations of …

La Responsabilidad Internacional De Los Estados Por Violaciones A Los Derechos Humanos Como Consecuencia Del Cambio Climatico: El Rol Del Sistema Interamericano De Proteccion De Derechos Humanos, Jose Daniel Rodriguez Orue

American University International Law Review

El fenómeno del cambio climático es una de las mayores amenazas para la garantía y protección de los derechos humanos a nivel global. Las consecuencias adversas del cambio climático, tales como incremento en el nivel del mar, el aumento de eventos meteorológicos extremos, la perdida de biodiversidad y las sequías, son susceptibles de ocasionar varias violaciones a los derechos humanos en las Américas. Estas violaciones a los derechos humanos se manifiestan con mayor intensidad en determinados grupos poblacionales que se encuentran expuestos de forma desproporcionada a la degradación medioambiental debido a su vinculación especial con los recursos naturales, pero también, …

Algunas Reflexiones Sobre La Condicion De Estado En Relacion Con La Elevacion Del Nivel Del Mar, Juan Jose Ruda Santolaria

American University International Law Review

Estimados amigos y amigas:

Deseo, en primer lugar, agradecer a los promotores de esta iniciativa por su amable invitación y compromiso con el tratamiento de la importante temática que nos convoca. Al mismo tiempo, quiero destacar mi satisfacción por participar en esta actividad y hacerlo además con personas muy valiosas, por quienes siento especial aprecio, así como recalcar que voy a compartir con ustedes algunas reflexiones sobre la condición de estado en relación con la elevación del nivel del mar de carácter personal, es decir, que no comprometen a la Comisión de Derecho Internacional de las Naciones Unidas y son …

Ending Violence In Development Finance Actions To Affirmatively Prevent And Stop Reprisals Against Rights Defenders, Gregory Berry

Perspectives

This Essay makes a case for stronger enforcement and implementation of zero-tolerance policies on reprisals within Development Finance Institutions. It argues that for DFIs to inculcate any hopeful vision of a just and inclusive transition to a sustainable future, they must begin by affirmatively cutting at the roots of reprisals. The essay particularly emphasizes two essential changes. First, Independent Accountability and Audit Mechanisms must be empowered to protect the safety of defenders by self-initiating investigations where there are credible concerns of reprisals, and by accepting anonymously submitted complaints. Second, DFIs must evolve to grow teeth for enforcing measures against retaliatory …

Reflections On The Role Of The Panel, Charles Di Leva

Perspectives

Over the past thirty years, the World Bank and the Inspection Panel have had a supportive relationship regarding the principle of accountability, particularly as applied to the field of development finance operations and the role and responsibility of the Bank as a multilateral public sector financial institution. This relationship has been apparent in at least three key aspects: i) following the Bank’s lead, many development institutions around the globe have taken steps to improve their own accountability and developed independent accountability mechanisms (IAMs) modeled on the Inspection Panel; ii) the Bank and other development institutions have been supporting the development …

Glass Half-Full Or Glass Half-Empty? Thirty Years Of Accountability At The Inspection Panel--The Impact Of Its Work And What The Data Tells Us, Ramanie Kunanayagam, Mark Goldsmith, Ibrahim James Pam, Serge Selwan, Richard Wyness, Ayako Kubodera, Camila Jorge Do Amarel, Rupes Dalai

Perspectives

“A stroke of a genius”, “a bold experiment in transparency and accountability that has worked to the benefit of all concerned”, “a precedent under international law”, and a “citizen-based accountability mechanism” are some of the ways in which close observers have described the World Bank Inspection Panel, which celebrated its thirtieth anniversary in 2023.

The Critical Contribution Of Independent Accountability Mechanisms (Iams) To The Global Governance Paradigm, Owen Mcintyre

Perspectives

For several decades now, the environmental and social safeguard policies adopted by international financial institutions (IFIs), along with the related accountability frameworks provided by the independent accountability mechanisms (IAMs) established by each, have been at the very forefront of a global movement to extend good environmental and social governance values to the practice of international development finance. The complex of substantive and procedural standards of institutional conduct required under multilateral development bank (MDB) safeguard policies in respect of the assessment and implementation of bank-funded development projects or activities exemplifies the phenomenon of so-called “transnational” or “global” law - the rich …

When Congress Passes The Buck: How Russia’S Invasion Of Ukraine Exposed Flaws In Granting The President Sanctioning Powers, Artem M. Joukov, Samantha M. Caspar

Seattle University Law Review

The United States (U.S.) Constitution provides few limitations on endowing the Executive Branch with powers to govern foreign trade, which was initially granted to the Legislature. In a world where global trade dominates, the power over foreign trade can be more important than the power over domestic matters. Leaving unrestrained trade authority to the Executive Branch may cause hazards for Americans and foreigners alike. Russia’s war in Ukraine demonstrates the flaws in permitting the Executive Branch to unilaterally sanction foreign states. This Article demonstrates how reactive Executive Branch policies infringed on the welfare and safety of American citizens and foreigners …

Pedaling Backwards: Examining The King County Board Of Health’S Choice To Repeal Its Bicycle Helmet Law, Schuyler M. Peters

Seattle University Law Review

In Part I, this Comment will explain the Helmet Law itself and the timeline that ultimately led to its repeal. Part II will focus on the positive impact of the Helmet Law, the dangers associated with the repeal, why the repeal should not have occurred in the manner it did, and what societal costs stem from the BOH’s decision. Part III will address the actions that must be taken to revoke this repeal and the reasons behind these alternative pathways, including an Equity Impact Review study specifically on the consequences of repeal, a collaborative outreach program to bring helmets to …

Why The U.S. Supreme Court Is More Politicized Than Its U.K. Counterpart, Mike Kowalski

Notre Dame Journal of International & Comparative Law

President Joe Biden’s nomination of then-Judge Ketanji Brown Jackson to the United States Supreme Court (the “Court”) conjured up all too fresh memories of just how politicized the Court, and the candidate selection process, has become. Not long before now-Justice Jackson’s nomination, the recent nomination and confirmation of Justice Amy Coney Barrett to the Court received significant media attention, both within the United States (U.S.) and internationally. On the same day of her swearing-in ceremony, the BBC, a public news organization headquartered in the United Kingdom (U.K.), found it relevant to publish an article describing seemingly mundane features of Justice …

Decolonizing Legal Influence: China's Role In The Changing Landscape Of The Ethiopian Legal Profession, 2000-2018, Mekonnen Ayano

Notre Dame Journal of International & Comparative Law

Over the last two decades, the legal profession in Ethiopia has changed fundamentally. The government has increased the number of law schools from one in 1993 to more than three dozen by 2021. It has introduced strict licensure rules to formalize and regulate legal services and, more recently, in 2022, it has proclaimed the creation of law firms and an independent bar association. The market for legal services has expanded, allowing lawyers to reach out to clients in the country’s peripheries and move onward to attract global clients. These changes are inextricably tied to global currents that have diffused Anglo-American …

How Do Japanese Clients View Their Lawyers -- And How Did Those Views Change Over The Decade Between Surveys? [Bengoshi Ni Taisuru Soshōtōjisha No Hyōka – 10nen De Hyōka Wa Dou Kawatta Ka], Daniel H. Foote

Chapters in Books

A central component of the Civil Litigation Behavior Research Project (2003-2008) and the successor Civil Litigation Research Project (2016-2020) was a set of surveys of litigants in civil cases.1 For comparison purposes, each project also included a survey of the general public, containing a number of identical or similar questions. Among the many aspects of the litigation experience covered in the surveys, several questions focused on the lawyer-client relationship. These included questions about access to lawyers, advice by lawyers, and client evaluations of and level of satisfaction with the lawyers who represented them. After briefly examining some of the ways …

Facial Recognition System Is A Violation Of Human Rights In The Context Of The Echr, Aykhan Dadashov

Human Rights Brief

On January 31, 2020, Nikolay Sergeyevich Glukhin lodged a complaint to the European Court of Human Rights (ECtHR) arguing that the Russian government violated his right to respect for private life (Article 8) and freedom of expression (Article 10) under the European Convention on Human Rights (ECHR). Glukhin held a banner in metro station of Moscow to protest the detention and criminal proceedings against a political activist. Using CCTV cameras and videos taken by a passersby on an app called Telegram, the police managed to identify and arrest Glukhin. It investigated CCTV cameras installed in other stations for further inquiry …

Youth Voices For Human Rights Litigation In The Face Of Climate Change, Mckenzie Gallagher

Human Rights Brief

In the European Court of Human Rights (ECtHR), six young activists, age eleven to twentyfour, filed a case against thirty-two countries claiming violations of their human rights related to climate change. The Grand Chambers of the ECtHR heard the case, Duarte Agostinho and Others v. Portugal and Others, on September 27, 2023, but the court has yet to issue an opinion on the admissibility and merits of the claim. The case was granted priority status and deferred directly to the Grand Chambers due to the importance of the issue, climate change.

On Facial Recognition, Regulation, And "Data Necropolitics", Antonio Pele, Caitlin Mulholland

Indiana Journal of Global Legal Studies

This paper argues for actual and legal regulation of artificial intelligence (AI) and facial recognition. These new technologies represent great opportunities to improve the welfare of societies. However, some of their uses can also enhance discrimination and, eventually, lead to violence. From a comparative approach (examining the European Union and Brazil), we address the current and future aspects of facial regulation, AI, and personal data. This paper shows that regulation is relevant to protect the rule of law, free markets, and individual freedoms. It also examines the looming risks unfolding from the unregulated uses of new technologies. Our concept of …

Women, International Human Rights Law, And The Right To Adequate Housing In Africa, John Mukum Mbaku

Emory International Law Review

In many African countries, the rights of women and girls to adequate housing are under threat and remain vulnerable to violation by state- and non-state actors. This is so even though these rights are guaranteed by international human rights instruments and national constitutions. Of particular note is the existence of customary laws that discriminate against women and frustrate their ability to realize the right to adequate housing. To enhance the ability of women to realize their right to adequate housing, each African State must domesticate the various international and regional human rights instruments that guarantee this right in order to …

Friendly Skies, Unfriendly Terms: Class Action Waivers And Force Majeure Clauses In Airline Contracts Of Carriage, Grant Glazebrook

Northwestern Journal of International Law & Business

The airline contract of carriage. These unassuming bits of language govern the relationship between passengers and their airlines. Over the past three years, a new term has sprouted in these agreements: the class action waiver. Before March 2020, only two of the ten largest United States-based airlines’ contracts of carriage had class action waivers. But as of April 2023, eight now have class action waivers. Why have airlines quickly adopted these copycat terms? What are the implications of this new contractual trend for flyers, airlines, and regulators? This note aims to contribute to the scholarship around these questions in three …

Opening Speech, Claudio Grossman

American University International Law Review

Good morning and good afternoon, depending on your time zone. It is a great pleasure to introduce this conference on “Sea Level Rise and International Law: Assessing its Impacts on the Americas.” Sea level rise is a pressing global challenge that could generate catastrophic effects, including in the Americas, which are surrounded by four oceans: the Arctic, the Antarctic, the Atlantic, and the Pacific. Several of the countries in the Region could suffer disproportionately from the consequences of this serious phenomenon. The implications for States and people all over the world are devastating, making rising sea levels a matter of …