Holocaust, Genocide, And The Law: A Quest For Justice In A Post-Holocaust World By Michael J. Bazyler,
2020
Osgoode Hall Law School of York University (Student Author)
Holocaust, Genocide, And The Law: A Quest For Justice In A Post-Holocaust World By Michael J. Bazyler, Irina Samborski
Osgoode Hall Law Journal
LAW IS COMMONLY THOUGHT OF as an antidote to genocide rather than its facilitator. In Holocaust, Genocide, and the Law, Professor Michael Bazyler of Chapman University’s Fowler School of Law refutes the notion that the Holocaust was an extralegal event—instead, he isolates the law as the preferred instrument of wholesale murder and destruction. The book traces the long shadow that the Holocaust has cast on the contemporary corpus of international law and many legal systems across the world. While it tells the unfolding catastrophe of the Holocaust as a legal history, the book considers the legal triumphs that followed the …
Implementing Undrip In Canada: Any Role For Corporations?,
2020
Conestoga College Institute of Technology and Advanced Learning
Implementing Undrip In Canada: Any Role For Corporations?, Basil Ugochukwu
The Transnational Human Rights Review
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) offers guidance on how the rights of indigenous populations could be protected in the context of member states of the United Nations. While the Declaration prescribes what states need to do to effectively realize its objective, question is whether there are expectations on non-state actors such as corporations to contribute towards attaining those objectives. Though on the one hand the UNDRIP is textually not directed at corporations, on the other hand, corporations are routinely implicated in environments where massive violations of indigenous rights have occurred in various regions of …
Book Review: Irini Papanicolopulu, International Law And The Protection Of People At Sea (Oxford: Oxford University Press) 2018,
2020
University College, Cork, Ireland
Book Review: Irini Papanicolopulu, International Law And The Protection Of People At Sea (Oxford: Oxford University Press) 2018, Ramat Tobi Abudu
The Transnational Human Rights Review
No abstract provided.
Opening The Doors To Justice In Africa: Analyzing State Acceptance Of The Right Of Individual Application To The African Court On Human And Peoples' Rights,
2020
Texas A&M International University
Opening The Doors To Justice In Africa: Analyzing State Acceptance Of The Right Of Individual Application To The African Court On Human And Peoples' Rights, Simon Zschirnt
The Transnational Human Rights Review
The African Court on Human and Peoples’ Rights took its place as the youngest of the three regional human rights courts with its establishment in 2006. However, the Court’s jurisdiction remains a work in progress. Thirty of the African Union’s fifty-five member states have ratified the protocol allowing the African Commission on Human and Peoples’ Rights to refer cases to the Court but only ten have made the optional declaration allowing individuals direct access. Previous research has indicated that transitional states desirous of “locking in” new commitments to democracy and human rights have been particularly likely to ratify the protocol …
International Accountability In The Implementation Of The Right To Development And The “Wonderful Artificiality” Of Law: An African Perspective,
2020
Osgoode Hall Law School of York University
International Accountability In The Implementation Of The Right To Development And The “Wonderful Artificiality” Of Law: An African Perspective, Obiora C. Okafor, Uchechukwu Ngwaba
The Transnational Human Rights Review
The landscape for the implementation of the right to development has undergone significant transformative shifts with the recent establishment of a new expert mechanism on the right to development by the UN Human Rights Council, and the finalisation of a draft treaty on the right to development. Yet, much more can clearly still be done to strengthen UN, state and non-state actors thinking on accountability in the implementation of the right to development, to add to the already considerable progress that has taken place. Our paper explores what can be done, focusing on the African and international context. We conclude …
When Does A Major Outbreak Become A Public Health Emergency Of International Concern?,
2020
School of Medicine and Public Health, University of Newcastle, Callaghan
When Does A Major Outbreak Become A Public Health Emergency Of International Concern?, David N. Durrheim, Lawrence O. Gostin, Keymanthri Moodley
Georgetown Law Faculty Publications and Other Works
The process of determining whether a Public Health Emergencies of International Concern (PHEIC) exists and should be declared has drawn increasing criticism over the past few years with allegations that it is more political than technical. Delaying declaration, where appropriate, means that the opportunity of garnering international solidarity and necessary resources in the early phases of epidemics, when public health measures may be more effective, is lost. A reform agenda aimed at enhancing WHO/Emergency Committee transparency and objectivity for the PHEIC declaration process is required.
Refocusing To Revive: The Responsibility To Protect In International Atrocity Prevention,
2020
University of Georgia School of Law
Refocusing To Revive: The Responsibility To Protect In International Atrocity Prevention, Sarah Frances Plunkett
Georgia Journal of International & Comparative Law
No abstract provided.
Has Global Health Law Risen To Meet The Covid-19 Challenge? Revisiting The International Health Regulations To Prepare For Future Threats,
2020
Georgetown University - Law Center - O'Neill Institute for National and Global Health Law
Has Global Health Law Risen To Meet The Covid-19 Challenge? Revisiting The International Health Regulations To Prepare For Future Threats, Lawrence O. Gostin, Roojin Habibi, Benjamin Mason Meier
Georgetown Law Faculty Publications and Other Works
Global health law is essential in responding to the infectious disease threats of a globalizing world, where no single country, or border, can wall off disease. Yet, the Coronavirus Disease (COVID-19) pandemic has tested the essential legal foundations of the global health system. Within weeks, the SARS-CoV-2 coronavirus has circumnavigated the globe, bringing the world to a halt and exposing the fragility of the international legal order. Reflecting on how global health law will emerge in the aftermath of the COVID-19 pandemic, it will be crucial to examine the lessons learned in the COVID-19 response and the reforms required to …
“[Don’T] Give Me Your Tired, Your Poor...” A Study On The Trump Administration’S Unprecedented Reforms To The U.S. Refugee Admissions Program And Their Implications,
2020
University of Mississippi
“[Don’T] Give Me Your Tired, Your Poor...” A Study On The Trump Administration’S Unprecedented Reforms To The U.S. Refugee Admissions Program And Their Implications, Savannah Day
Honors Theses
From 2017 to 2020, the Trump administration cut United States refugee admissions tenfold. These reforms come unprecedented to the 40-year-old resettlement program (USRAP). By critically reviewing literature on this topic as well as conducting eight original interviews with five national nonprofits contracted by the Department of State to do refugee resettlement casework, this study sought to identify the implications of the Trump administration’s reforms to the program. Once implications were identified, I used the applied frameworks of program model as well as Michael Worth’s sociological and political science theories of American nonprofit-government relations to better inform and guide the study. …
The Honduran Exodus: Understanding The Migrant Crisis At The Southwest Border,
2020
University of Miami Law School
The Honduran Exodus: Understanding The Migrant Crisis At The Southwest Border, Ashley Saul
University of Miami Inter-American Law Review
No abstract provided.
Child Marriage In The U.S.: Loopholes In State Marriage Laws Perpetuate Child Marriage,
2020
University of Cincinnati College of Law
Child Marriage In The U.S.: Loopholes In State Marriage Laws Perpetuate Child Marriage, Sarah Ochieng
Immigration and Human Rights Law Review
The practice of child marriage is often discussed in the context of developing countries and many people find it unthinkable that child marriage also occurs in developed countries such as the United States of America. However, child marriage is a serious problem in the United States that affects thousands of children each year. This comment reviews the loopholes in state marriage laws. Part II considers the scope of child marriage as a human rights violation and the effects of child marriage. It also provides a background of the loopholes in state marriage laws, and a focus on the marriage laws …
Rodriguez V. Swartz: Civil Lawsuit Immunity In Border Shootings,
2020
University of Cincinnati College of Law
Rodriguez V. Swartz: Civil Lawsuit Immunity In Border Shootings, Alexis Woolison
Immigration and Human Rights Law Review
When federal agents exhibit conduct that violates the United States Constitution, the Supreme Court has held that those agents should be held civilly liable for their actions, as shown by its decision in Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics. Applicable constitutional violations include those which infringe on any individuals’ constitutional rights. This includes violations of the constitutional rights of noncitizens. Although the Supreme Court disfavors expansion of Bivens claims and has only extended this remedy twice, in Davis v. Passman and Carlson v. Green, the Ninth Circuit Court recently approved such expansion in a …
Grounds For Asylum: How Victims' Rights Laws Confer Particular Social Group Status To Domestic Violence Victims,
2020
University of Cincinnati College of Law
Grounds For Asylum: How Victims' Rights Laws Confer Particular Social Group Status To Domestic Violence Victims, Jordan Cotleur
Immigration and Human Rights Law Review
Despite an uptake in legislation criminalizing domestic violence since the 1990’s, women in Latin America still face the highest rates of gender-based and domestic violence of any region in the world. In Central America, two-thirds of female homicide victims are killed because of their status as a woman (also known as “femicide”) and half of women face this fate at the hands of a current or former partner. The violence perpetuates at such an alarming rate because investigations into gender-based violence are nearly non-existent in the region. In 2016, it was reported that up to ninety-eight percent of cases involving …
Spectacular Imaginations Of The Sinking Island,
2020
Trinity College
Spectacular Imaginations Of The Sinking Island, Emma Schneck
Senior Theses and Projects
As entire island nations slip beneath rising seas, how can we reimagine a political future where the effects of climate change are already in full force? In recent years, it has become increasingly apparent that there is a fundamental lack of legal protections for those fleeing environmental degradation and the effects of global sea level rise. This lack of protection is felt particularly strongly in the Pacific region, where many communities are faced with existential threats to their way of life and self-determination. However, despite this historic lack of support from the international community, the Pacific Islands states have continuously …
Using Covid-19 To Strengthen The Who: Promoting Health And Science Above Politics,
2020
Georgetown University - Law Center - O'Neill Institute for National and Global Health Law
Using Covid-19 To Strengthen The Who: Promoting Health And Science Above Politics, Lawrence O. Gostin, Sarah A. Wetter
Georgetown Law Faculty Publications and Other Works
On April 14, 2020, President Trump announced the suspension of funding for the World Health Organization (WHO) to investigate WHO’s handling of the COVID-19 pandemic—citing WHO’s “disastrous decision” to oppose a travel ban on China, and for being slow and “China-centric.” Certainly, China failed in its international duty to respond rapidly and transparently to the novel coronavirus, and it suppressed truthful information, propelling a localized outbreak into a pandemic now in over 210 countries. Yet close examination of WHO’s COVID-19 response reveals that the Organization acted in line with its authority under the International Health Regulations, and using the available …
From Valladolid To Venezuela : The Legacy Of Las Casas, Vitoria, And Sepúlveda In The Current Venezuelan Crisis.,
2020
University of Louisville
From Valladolid To Venezuela : The Legacy Of Las Casas, Vitoria, And Sepúlveda In The Current Venezuelan Crisis., C. Evan Clark
College of Arts & Sciences Senior Honors Theses
This thesis analyzes the current Venezuelan crisis and the international legal questions it has posed concerning sovereignty, the responsibility to protect, and international efforts to influence a state’s internal politics. In particular, the thesis expounds the historical and theoretical context behind international legal principles that governments, international organizations, and nongovernmental organizations (NGOs) have invoked in favor of Juan Guaidó or Nicolás Maduro. The thesis’s analysis centers around its examination of the parallels between the international legal principles that relate to the Venezuelan crisis and the political and ethical arguments of the sixteenth-century Spanish social reformer Bartolomé de las Casas and …
Business And Human Rights In The Context Of Sanctions: A Road To Filling The Governance Gap,
2020
Dalhousie University Schulich School of Law
Business And Human Rights In The Context Of Sanctions: A Road To Filling The Governance Gap, Bahareh Jafarian
LLM Theses
As concerns about the negative impacts of sanctions on the human rights of civilians and the environment increases, it is necessary to reflect upon the lawfulness and legal status of such measures in international law, and their impact on business enterprises and the field of Business and Human Rights (BHR). While current academic literature tends to focus on implementation, enforcement and business compliance with unilateral and multilateral sanctions, the negative impacts of sanctions on non-state actors and resulting human rights violations are overlooked. Specifically, the relationship between sanctions law and the responsibility of businesses to respect human rights and the …
‘Sexualized Slavery’ And Customary International Law,
2020
Benjamin N. Cardozo School of Law
‘Sexualized Slavery’ And Customary International Law, Patricia Viseur Sellers, Jocelyn Getgen Kestenbaum
Book Chapters
This chapter examines the doctrinal avenues for the recognition and prosecution of ‘sexualized slavery’. The Hissène Habré trial and appellate judgments represent watershed legal decisions rendering long-denied justice to victims of the brutal Chadian regime. Delayed charges of credible sexual violence inflicted upon both males and females challenged the judges of the Extraordinary African Chambers (EAC) in Senegal. Legal characterizations of sexual assaults ultimately attributed to Habré represent significant jurisprudential advancements on rape, sexual slavery, and torture as international crimes. The EAC's observations acknowledge that sexual slavery constitutes part of the actus reus of enslavement as crime against humanity and …
Disaggregating The Two Prongs Of Article 13(B) Of The Hague Convention To Cover Unsafe And Unstable Situations,
2020
Fordham University School of Law
Disaggregating The Two Prongs Of Article 13(B) Of The Hague Convention To Cover Unsafe And Unstable Situations, Lauren Cleary
Fordham Law Review
The Hague Convention on the Civil Aspects of International Child Abduction (the “Convention”) is a treaty designed to coordinate a uniform response to international child abductions. It establishes a civil remedy for a left-behind parent seeking the return of his or her child after the child has been wrongfully removed to or retained in another state that is also a party to the Convention. The Convention requires the courts of a signatory state to order the prompt return of a wrongfully removed or retained child to his or her state of habitual residence unless the responding party can prove that …
Detention Of Asylum-Seekers: Comparison Of The Asylum And Detention Practices In United States And Sweden,
2020
Chapman University
Detention Of Asylum-Seekers: Comparison Of The Asylum And Detention Practices In United States And Sweden, Yuliia Pohorilets
International Studies (MA) Theses
Refugees are both an urgent humanitarian issue and the subject of much political debate in the U.S. and Europe. This research paper compares and contrasts the asylum process in US and Sweden. It analyzes the similarities and differences in their refugee policies and how asylumseeker rights are undermined or supported in the detention centers. The research discusses the historical origin of the contemporary asylum/immigration policies, international standards on detention, their implication, and key contemporary policy trends in US and Sweden. The selection of US and Sweden was not random. Both countries are highly influential in different ways in shaping global …
