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Cities Of God Under Occupation: Settler Colonial Practices And Pacification In The Favelas Of Rio De Janeiro And The Occupied Palestinian Territories, Amanda Pimenta da Silva 2022 American University in Cairo

Cities Of God Under Occupation: Settler Colonial Practices And Pacification In The Favelas Of Rio De Janeiro And The Occupied Palestinian Territories, Amanda Pimenta Da Silva

Theses and Dissertations

The 2002 film ‘City of God’ tells an anecdotal story of violence in the favelas of Rio de Janeiro, and is a reminder that the societies we tend to take for granted can actually be a luxury. The film portrays the daily life of the peripheries of Rio and its relation with drug trafficking, crime, and poverty, and how it has deteriorated into a war zone so dangerous that anyone risk being shot to death. Thousands of miles away from the Brazilian slums there is another so-called city of God, or the city chosen by God to be the home ...


The Violence In Our Humanity: Principles, Action, And The Erosion Of State Sovereignty, Rasheed Idou 2022 American University in Cairo

The Violence In Our Humanity: Principles, Action, And The Erosion Of State Sovereignty, Rasheed Idou

Theses and Dissertations

The past two decades have witnessed an increasing number of armed conflicts, both inter- and intra-nationally, and an even more increasing number of multilateral military interventions without UN Security Council authorization. Central to the discussion of these interventions are the themes of humanitarianism and state sovereignty. The aim of this thesis is to investigate the relationship between humanitarian imperatives and principles of sovereignty within the context of armed conflict to better understand the tensions that have led to the current global outcomes. In so doing, it identifies how humanitarian principles, imperatives, and actions have affected the contemporary conception of state ...


Taking Responsibility Under International Law: Human Trafficking And Colombia’S Venezuelan Migration Crisis, Luz Estella Nagle, Juan Manuel Zarama 2022 Stetson University College of Law

Taking Responsibility Under International Law: Human Trafficking And Colombia’S Venezuelan Migration Crisis, Luz Estella Nagle, Juan Manuel Zarama

University of Miami Inter-American Law Review

For more than six million Venezuelans, crossing international borders has become imperative to ensuring security and a livelihood that their country has failed to assure. These migrants and refugees, particularly young women and children, are vulnerable to many depredations, criminal acts, and the risk of becoming trafficking victims for forced labor and sexual slavery. This article focuses on State responsibility for migrant populations and analyzes conditions in Venezuela that caused a massive migration, the conditions in Colombia as a host State, the uncertain status of Venezuelan migrants in Colombia, and human trafficking and its impact on the migrant population.


Epidemics And International Law: The Need For International Regulation, Claudio Grossman 2022 American University Washington College of Law

Epidemics And International Law: The Need For International Regulation, Claudio Grossman

University of Miami International and Comparative Law Review

This article presents comments by the author made to open the Miami Law Review conference on Epidemics1 and International Law.2 Its main purpose is to refer to the impact of COVID-19 on different norms and legal regimes, focusing mainly on the 2005 International Health Regulations (IHR), addressing areas of reform as well as the interactions of those norms with international human rights law. This will include the proposals of change for the 2005 IHR, designed to better protect vulnerable peoples in future global health crises. Some of the ideas presented in this contribution are included in a proposal that ...


Armed Groups’ Compliance With International Law: A Study In The Rules Of International Humanitarian Law And The Need To Improve Them, Dr. Salwa Y. Elekyabi 2022 Consultant/Advisor, Academic Affairs | General Directorate, Educational & Vocational Institutions Review

Armed Groups’ Compliance With International Law: A Study In The Rules Of International Humanitarian Law And The Need To Improve Them, Dr. Salwa Y. Elekyabi

Journal Sharia and Law

While current core rules governing armed conflicts has remained almost the same since the adoption of the 1949 Geneva Conventions and its two additional protocols of 1977, the nature of non-international armed conflicts has gone under a tremendous development. This poses a question on whether there is a need to develop the rules of International Humanitarian Law (IHL) applicable to Armed Groups in times of non-international armed conflicts to cope with the changes in the armed conflicts layout. Accordingly, this article is addressing this question and examining ways to improve armed groups’ compliance with the provisions of IHL. This article ...


The Effectiveness Of Inter-American Commission’S Reports On Capital Punishment Petitions Against The United States: Where Do We Go From Here?, Alexandria Faura 2022 Loyola Law School - Los Angeles

The Effectiveness Of Inter-American Commission’S Reports On Capital Punishment Petitions Against The United States: Where Do We Go From Here?, Alexandria Faura

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Balancing Precautions In Attacks Versus Precautions Againstnthe Effects Of Attacks In Urban Armed Conflict, Andrew Navarro 2022 Brigham Young University Law School

Balancing Precautions In Attacks Versus Precautions Againstnthe Effects Of Attacks In Urban Armed Conflict, Andrew Navarro

BYU Law Review

No abstract provided.


The Right To Food Comes To America, Wendy Heipt 2022 WhyHunger

The Right To Food Comes To America, Wendy Heipt

Journal of Food Law & Policy

The people of Maine recently exercised an opportunity no citizen of this country has ever had before: the ability to vote on whether to enshrine a right to food in their state constitution. This Essay provides an overview of Maine’s experience with food rights in order to explain how the state came to occupy this unique position.


Humanitarian Intervention And American Public Opinion: An Analysis To Intervene, Alexia Inge 2022 University of Mary Washington

Humanitarian Intervention And American Public Opinion: An Analysis To Intervene, Alexia Inge

Student Research Submissions

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Transnational Migration Deterrence, Anita Sinha 2022 American University Washington College of Law

Transnational Migration Deterrence, Anita Sinha

Boston College Law Review

The governance of global migration increasingly relies on what critical migration scholarship refers to as externalized control. Externalization encompasses limiting human mobility through the imposition of migration control measures by transit states, as well as by states that are geographically proximate to destination states. Destination states are at a minimum complicit in the creation and operation of these externalized migration control systems. To capture this phenomenon, this Article offers a reconceptualization of externalization as transnational migration deterrence. The objective of this nomenclature is to provide a framework that highlights the role of destination states, to build a lexicon of accountability ...


On Protecting Internally Displaced Persons In Non-International Armed Conflicts, Specifically Regarding The Civilian Population Of The Rohingya People Of Burma, Elizabeth Tonkin 2022 Liberty University

On Protecting Internally Displaced Persons In Non-International Armed Conflicts, Specifically Regarding The Civilian Population Of The Rohingya People Of Burma, Elizabeth Tonkin

Helm's School of Government Conference

No abstract provided.


No Refuge For The Sick: How The Eu's Health-Based Non-Refoulement Standard Compounds The Exclusionary Nature Of International Refugee Law, Cassandra Baker 2022 University of Washington

No Refuge For The Sick: How The Eu's Health-Based Non-Refoulement Standard Compounds The Exclusionary Nature Of International Refugee Law, Cassandra Baker

Washington International Law Journal

The COVID-19 pandemic poses grave threats to the life and health of asylum seekers in Europe. Many potential asylees are forced to reside in cramped, unsanitary facilities and do not have adequate access to medical treatment. On top of these dangers, many are likely to be denied asylum due to the stringency of international refugee law and European Union (“EU”) asylum procedures. As a result, a number of these asylum seekers will turn to Article 3 of the European Convention on Human Rights, which provides broader non-refoulement protections. However, even Article 3, as currently interpreted by the European Court of ...


Nowhere To Go: A Regional Human Rights-Based Approach To Climate Displacee Protection In Southeast Asia, Evan M. FitzGerald, Gregory G. Toth 2022 United Nations University Institute for the Advanced Study of Sustainability

Nowhere To Go: A Regional Human Rights-Based Approach To Climate Displacee Protection In Southeast Asia, Evan M. Fitzgerald, Gregory G. Toth

Washington International Law Journal

An influx of climate-driven, cross-border migration has begun in Southeast Asia, but these peoples are not considered refugees. They are at best economic migrants, and at worse stateless persons. They are displaced because of human-driven environmental decline, with limited protections due to the lack of an internationally accepted definition of their status: there is no agreed upon definition of what constitutes a person displaced by climate change. As such, there are no legal frameworks that accurately speak to the realities of this growing problem. Worse, there is limited understanding that the confluence of these omissions will lead to disastrous effects ...


Reimagining Sovereignty To Protect Migrants, Pooja R. Dadhania 2022 California Western School of Law

Reimagining Sovereignty To Protect Migrants, Pooja R. Dadhania

Faculty Scholarship

The concept of sovereignty in international law allows states to exclude and expel most categories of migrants, subject only to very narrow exceptions from international human rights and refugee law. Inverting the state sovereignty paradigm traditionally used to exclude migrants, this Essay reimagines sovereignty to protect migrants by drawing on the international law doctrine of state responsibility. The doctrine of state responsibility requires states to remedy the consequences of their actions in violation of international law. States that violate the sovereignty of other states, more specifically their territorial integrity or political independence, and thereby cause forced migration should have an ...


The Human Rights Due Diligence Standard-Setting In The European Union: Bridging The Gap Between Ambition And Reality, Jernej Letnar Černič 2022 Faculty of Government & European Studies and European Faculty of Law, New University

The Human Rights Due Diligence Standard-Setting In The European Union: Bridging The Gap Between Ambition And Reality, Jernej Letnar Černič

The Global Business Law Review

Globalization has, over the past decades, erased borders between continents and countries. It has propelled international trade to previously unforeseen heights. Nonetheless, it has brought about not only positive impact, but also negative consequences for individuals and communities worldwide. Businesses have often been alleged to have been directly or indirectly involved in human rights violations. On the other hand, rights-holders have often found it difficult to enforce corporate human rights obligations and accountability either at home or abroad. Nonetheless, the field of business and human rights has in recent years witnessed seminal developments from the adoption of binding laws in ...


Business, Human Rights, And Transitional Justice: Overcoming The Regulatory Dysfunction Of International Law, Jelena Aparac 2022 Cleveland State University

Business, Human Rights, And Transitional Justice: Overcoming The Regulatory Dysfunction Of International Law, Jelena Aparac

The Global Business Law Review

It is said that traditional international public law is state-centric and concerns mostly State obligations and responsibility. For this, it excluded corporate actors from any accountability mechanism, even when the corporations contribute to armed conflicts and international crimes. International law does not provide a clear definition of what amounts to “subjects” under this set of rules or criteria for how to determine legal personality. At the same time, some branches of international public law directly regulate corporate actions, namely international economic law and international humanitarian law. Conversely, international courts and tribunals have accepted the corporate jus standi, in some instances ...


Canadian Corporations Bound By The Phoenix: Setting The Path For The United States, Kelly Brickman 2022 Cleveland-Marshall College of Law

Canadian Corporations Bound By The Phoenix: Setting The Path For The United States, Kelly Brickman

The Global Business Law Review

This Note argues that the United States courts have jurisdiction to consider corporate liability for international law violations of human rights under the reasoning of the Supreme Court of Canada, in Nevsun Resources Ltd. v. Araya. The United States Supreme Court has escaped holding such liability exists, but Canada has outlined how countries, such as the United States, no longer can avoid holding corporations liable under customary international law. Corporate liability for human rights violations committed abroad is a cutting-edge issue. The United States Supreme Court has considered the issue before, but the Court used different analyses and was without ...


Command Responsibility, Australian War Crimes In Afghanistan, And The Brereton Report, Douglas Guilfoyle, Joanna Kyriakakis, Melanie O’Brien 2022 U.S. Naval War College

Command Responsibility, Australian War Crimes In Afghanistan, And The Brereton Report, Douglas Guilfoyle, Joanna Kyriakakis, Melanie O’Brien

International Law Studies

This article examines the question of command responsibility for war crimes under international and Australian law, and how far such responsibility extends. It uses the results of the Brereton Report, an Australian investigation into alleged crimes committed by its special forces in Afghanistan, as its starting point. While this is very much an Australian case study, the concerns it raises should be of interest to all professional militaries. The article also provides an important case study of the implications when national legal standards adopted for war crimes prosecutions differ from the provisions of international law.


Fault Lines In The Application Of International Humanitarian Law To Cyberwarfare, HUMNA SOHAIL 2022 International Islamic University, Islamabad

Fault Lines In The Application Of International Humanitarian Law To Cyberwarfare, Humna Sohail

Journal of Digital Forensics, Security and Law

The dynamics of warfare have changed from the conventional wars fought on the battlefield to virtual warfare as states have been involved in the cyber arms race. From simple distributed denial-of-service (DDoS) attacks to the potent Stuxnet and Flame the cyber weapons vary in their potential human cost. The Law of Armed Conflict (LOAC) is drafted flexibly to adapt to changing circumstances. This paper is primarily based upon the assumption that existing treaty law is sufficient in many aspects yet in some areas treaty-making is also needed. What is the foreseeable solution is the comprehensive state practice for interpreting the ...


Law School News: Sanctions On Russia: Imperfect But Necessary 03-02-2022, Gregory W. Bowman 2022 Roger Williams University School of Law

Law School News: Sanctions On Russia: Imperfect But Necessary 03-02-2022, Gregory W. Bowman

Life of the Law School (1993- )

No abstract provided.


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