Embracing The Flow: The Right To Menstrual Health As A Response To Climate Change Impacts In South Asia, 2023 George Washington Law School
Embracing The Flow: The Right To Menstrual Health As A Response To Climate Change Impacts In South Asia, Lea Kuhlmann
Seattle Journal of Technology, Environmental & Innovation Law
No abstract provided.
Haiti: Confronting An Immense Challenge, 2023 University of Miami School of Law
Haiti: Confronting An Immense Challenge, Irwin Stotzky
University of Miami Inter-American Law Review
This article analyzes the history of Haiti, from its origins as a slave colony of France, which was the richest colony in the Americas, to its war of independence leading to the first Black independent nation in the Americas, to its economic re-enslavement under the power of France and then the United States. The article discusses the great harm the French caused the Haitian people by imposing through force a ransom of billions of dollars that has led Haiti to its present position of being on the brink of becoming a failed state, with all of the disastrous consequences for …
Haiti’S Legal Claim For Restitution: The Political Context For The Recovery Of The Double-Debt, 2023 Kurzban, Kurzban, Tetzeli & Pratt P.A.
Haiti’S Legal Claim For Restitution: The Political Context For The Recovery Of The Double-Debt, Ira J. Kurzban
University of Miami Inter-American Law Review
This article discusses Haiti’s efforts to seek restitution from France for the “Double-Debt” imposed in 1825. After Haiti gained independence in 1804 following a slave revolt, France threatened to invade and re-enslave the Haitian people if they did not pay compensation to French slave owners for their lost “property.” This became known as the Double-Debt, as French and American banks profited by converting the debt into high-interest loans. In 2003, on the 200th anniversary of Haitian hero Toussaint Louverture’s death, Haiti’s president Jean-Bertrand Aristide announced his intention to demand repayment from France. This sparked retaliation from France and Haiti’s elite, …
Redress For Historical Injustices: Haiti’S Claim For The Restitution Of Post-Independence Payments To France, 2023 Tulane Law School at Tulane University
Redress For Historical Injustices: Haiti’S Claim For The Restitution Of Post-Independence Payments To France, Günther Handl
University of Miami Inter-American Law Review
No abstract provided.
Restitution For Haiti, Reparations For All: Haiti’S Place In The Global Reparations Movement, 2023 Institute for Justice and Democracy
Restitution For Haiti, Reparations For All: Haiti’S Place In The Global Reparations Movement, Brian Concannon Jr., Kristina Fried, Alexandra V. Filippova
University of Miami Inter-American Law Review
Haiti’s claim for restitution of the debt coerced by France in exchange for Haiti’s 1804 independence has unique legal advantages that can open the door to broader reparations for the descendants of all people harmed by slavery. But in order to assert the claim, Haiti first needs help reclaiming its democracy from a corrupt, repressive regime propped up by the powerful countries that prospered through slavery and overthrew the Haitian President who dared to assert his country’s legal claim. This article explores Haiti’s Independence Debt, and the fight for restitution of it, in the context of two centuries of continued …
Haiti And The Indemnity Question, 2023 Wesleyan University
Haiti And The Indemnity Question, Alex Dupuy
University of Miami Inter-American Law Review
1) Haiti did not agree to pay an indemnity to France in 1825 because it feared a war with its former colonial power. In 1814, France sent envoys to Haiti to demand that King Henry Christophe, who controlled the north of Haiti, and President Alexandre Pétion, who controlled the south and west, resubmit to French sovereignty. Christophe had that envoy arrested and jailed. Pétion, on the other hand, offered to pay an indemnity to France to compensate the former colonial property owners in return for France’s official recognition of Haiti’s independence.
2) Jean-Pierre Boyer succeeded Pétion as president of the …
Haiti And The Burden Of History, 2023 University of Lausanne
Haiti And The Burden Of History, Frédérique Beauvois
University of Miami Inter-American Law Review
No abstract provided.
The Lost Haitian Generation And The 1826 “French Debt”: The Case For Restitution To Haiti, 2023 University of Massachusetts
The Lost Haitian Generation And The 1826 “French Debt”: The Case For Restitution To Haiti, Charlot Lucien
University of Miami Inter-American Law Review
No abstract provided.
The War On Gangs: El Salvador’S Playground For International Human Rights Violations, 2023 University of Miami School of Law
The War On Gangs: El Salvador’S Playground For International Human Rights Violations, Sanobar Valiani
University of Miami Inter-American Law Review
International human rights law was developed with the underlying philosophy that all human beings are born free and equal in dignity and rights. However, since its development, we have seen a vast number of human rights violations persist with no recourse. The War on Gangs in El Salvador is just one example of this. This Note examines the history of the War on Gangs in El Salvador, the tumultuous political landscape that has spurred as a result, and how political efforts to address gang violence have been used as a tactic to strip Salvadorans of their fundamental rights and dignity. …
A Critical Juncture For Human Rights In Global Health: Strengthening Human Rights Through Global Health Law Reforms, 2023 University of North Carolina at Chapel Hill
A Critical Juncture For Human Rights In Global Health: Strengthening Human Rights Through Global Health Law Reforms, Benjamin Mason Meier, Luciano Bottini Filho, Judith Bueno De Mesquita, Roojin Habibi, Sharifah Sekalala, Lawrence O. Gostin
Georgetown Law Faculty Publications and Other Works
The 1948 Universal Declaration of Human Rights (UDHR), establishing a human rights foundation under the United Nations (UN), has become a cornerstone of global health, central to public health policies throughout the world. As the world commemorates the 75th anniversary of the UDHR on 10 December, this “Human Rights Day” celebration arrives at a critical juncture for human rights in global health, raising an imperative for World Health Organization (WHO) reforms to strengthen the right to health and health-related human rights.
Manifestly Unlawful: Why Russian Military Commanders Must Disobey A Nuclear Launch Order Against Ukraine, 2023 U.S. Naval War College
Manifestly Unlawful: Why Russian Military Commanders Must Disobey A Nuclear Launch Order Against Ukraine, Christopher J. Hart
International Law Studies
Applying the international legal framework governing the use of nuclear weapons to the facts of the war in Ukraine leads to a clear answer to the question of whether the use of nuclear weapons in Ukraine by Russia would be legal. While the 1996 International Court of Justice Advisory Opinion on the Threat or Use of Nuclear Weapons did not conclusively decide whether the use of nuclear weapons was per se illegal, by applying the legal framework articulated by the International Court of Justice to the facts of Russia’s war against Ukraine it is clear that any conceivable use of …
The Term “Public Interest” Within The Regional Human Rights Systems: Serves The Interest Of The Individual Or The State?, 2023 Faculty of Law and Public Administration Birzeit University, Birzeit, Ramallah, Palestine
The Term “Public Interest” Within The Regional Human Rights Systems: Serves The Interest Of The Individual Or The State?, Yaser Amouri Dr., Saja Majdoubeh Ms.
UAEU Law Journal
While regional human rights charters are established to consider the specificities of their respective regions and are expected to provide either undiminished or restricted protection, aiming to create a more equitable protection system than the international one, the regional charters have often followed the same path as the international agreements. In these charters, certain provisions have been included under the pretext of "public interest" to restrict certain group rights. Undoubtedly, this term has directly influenced court decisions within regional human rights protection systems, leading to various limitations on human rights and granting courts the power to subject these rights to …
Time To Enumerate The Slave Trade As A Distinct Provision In The Crimes Against Humanity Treaty, 2023 Kellogg College
Time To Enumerate The Slave Trade As A Distinct Provision In The Crimes Against Humanity Treaty, Patricia Viseur Sellers, Jocelyn Getgen Kestenbaum, Alexandra Lily Kather
Online Publications
The proposed Draft articles on Prevention and Punishment of Crimes against Humanity under consideration at the United Nations General Assembly’s Sixth Committee (Legal) are bereft of a distinct provision to address the international crime of the slave trade.
Climate Change, Corruption, And Colonialism: Solving The Conundrum With Regional Courts, 2023 Northwestern Pritzker School of Law
Climate Change, Corruption, And Colonialism: Solving The Conundrum With Regional Courts, Taylor Nchako
Northwestern University Law Review
It is no secret that climate change is the most pressing issue of our times. Global South countries, especially those in Africa, face challenges mitigating the worst impacts of climate change, adapting technological solutions, and continuing to develop their nation’s infrastructure and industry. Cameroon provides an archetypal example of the challenges many African countries face. Plagued by an economy that both exacerbates climate change and stands to collapse from it, Cameroon struggles with corruption that has roots in colonialism and neocolonialism. This corruption taints not only the forestry service and the executive branch, but the judiciary as well, leaving Cameroon’s …
Intellectual Property And “The Lost Year” Of Covid-19 Deaths, 2023 Georgetown University Law Center
Intellectual Property And “The Lost Year” Of Covid-19 Deaths, Madhavi Sunder, Haochen Sun
Georgetown Law Faculty Publications and Other Works
Protecting intellectual property (IP) is a question of life and death. COVID-19 vaccines, partially incentivized by IP, are estimated to have saved nearly 20 million lives worldwide during the first year of their availability in 2021. However, most of the benefits of this life-saving technology went to high- and upper-middle-income countries. Despite 10 billion vaccines being produced by the end of 2021, only 4 percent of people in low-income countries were fully vaccinated. Paradoxically, IP may also be partly responsible for hundreds of thousands of lives lost in 2021, due to an insufficient supply of vaccines and inequitable access during …
Making The World Safer And Fairer In Pandemics, 2023 Georgetown University - Law Center - O'Neill Institute for National and Global Health Law
Making The World Safer And Fairer In Pandemics, Lawrence O. Gostin, Kevin A. Klock, Alexandra Finch
Georgetown Law Faculty Publications and Other Works
Global health has long been characterized by injustice, with certain populations marginalized and made vulnerable by social, economic, and health disparities within and among countries. The pandemic only amplified inequalities. In response to it, the World Health Organization and the United Nations have embarked on transformative normative and financial reforms that could reimagine pandemic prevention, preparedness, and response (PPPR). These reforms include a new strategy to sustainably finance the WHO, a UN political declaration on PPPR, a fundamental revision to the International Health Regulations, and negotiation of a new, legally binding pandemic agreement (popularly called the “Pandemic Treaty”). We revisit …
An Evaluation Of The Alignment Of Liberian Fisheries Laws With Relevant International Legal Instruments To Combat Iuu Fishing In The Exclusive Economic Zone And Territorial Sea, 2023 World Maritime University
An Evaluation Of The Alignment Of Liberian Fisheries Laws With Relevant International Legal Instruments To Combat Iuu Fishing In The Exclusive Economic Zone And Territorial Sea, Kla-Edward, Ii Toomey
World Maritime University Dissertations
No abstract provided.
Awakening The Law Of Contraband In The Russia-Ukraine Conflict, 2023 U.S. Naval War College
Awakening The Law Of Contraband In The Russia-Ukraine Conflict, Martin Fink
International Law Studies
Following the collapse of the Black Sea Grain Initiative, both Russia and Ukraine announced measures against shipping that may have introduced counter-contraband operations into the maritime dimension of the Russia-Ukraine conflict. The law of contraband, which is at the heart of the law of naval warfare, regulates such operations. The law of contraband has, however, not been often used in current conflicts and some of its details are not crystalized as generally accepted law. Awakening this instrument in the current conflict brings questions for both belligerents and non-State parties, some of whom have adopted a position of qualified neutrality that …
From Bait To Plate—How Forced Labor In China Taints America’S Seafood Supply Chain: Hearing Before The Cong.-Exec. Comm’N On China, 118th Cong., Oct. 24, 2023 (Statement Of Robert K. Stumberg), 2023 Georgetown University Law Center
From Bait To Plate—How Forced Labor In China Taints America’S Seafood Supply Chain: Hearing Before The Cong.-Exec. Comm’N On China, 118th Cong., Oct. 24, 2023 (Statement Of Robert K. Stumberg), Robert Stumberg
Testimony Before Congress
Two-hundred and forty—that’s the number of name-brand stores and institutional suppliers that we all depend on. Through them, we all buy seafood from importers who sell what forced laborers process in Chinese factories and vessels. We do it as families, as schools, as businesses. What is not in that number are the ways we buy forced-labor seafood as governments, mostly through five federal agencies and local school food authorities.
The Outlaw Ocean team, led by Ian Urbina, made transparency happen. They aren’t the first to reveal Xinjiang supply chains. But what distinguishes their seafood reporting is that they literally …
Marriage Equality Judgment: The Missing Case Of International Covenants, 2023 National Law School of India University, Bengaluru
Marriage Equality Judgment: The Missing Case Of International Covenants, Nanditta Batra, Naveen Batra
Popular Media
This article analyses the judgement on marriage equality delivered by a five-judge Constitution Bench of the Supreme Court of India on 17 October 2o23. The authors argue that, in holding that there is no fundamental right to marry under the Indian Constitution, the court has not taken into account binding international human rights treatises that categorically state the right to marry as a human right.