The Long Tail Of World War Ii: Jus Post Bellum In Contemporary East Asia,
2020
Western New England University School of Law
The Long Tail Of World War Ii: Jus Post Bellum In Contemporary East Asia, Timothy Webster
Faculty Scholarship
The shadow of World War II still looms over East Asia. Unlike the West, issues of state accountability, corporate liability, and individual reparation roil the victims, governments, and civil society organizations. It stills form a critical, often controversial, backdrop for international relations among China, Japan, Korea, and other Asian nations. This chapter fills an important gap by focusing on jus post bellum outside of the West. The chapter examines the results, motivations, and achievements of civil litigation, namely approximately one hundred World War II reparations lawsuits filed in Japan. In so doing, it answers three related questions. Why does World …
Why China Should Unsign The International Covenant On Civil And Political Rights,
2020
Vanderbilt University Law School
Why China Should Unsign The International Covenant On Civil And Political Rights, Margaret K. Lewis
Vanderbilt Journal of Transnational Law
In March 2019, the United Nations Human Rights Council finalized its periodic review of China's human rights record just as human rights in China were under intensified attack. As during prior reviews, China was criticized for its human rights practices. And, once again, China was urged to ratify the International Covenant on Civil and Political Rights (ICCPR), which China signed over twenty years ago. It is time to reevaluate this approach.
This Article argues that the international community should change tack and instead call on China to remove its signature from this foundational human rights treaty. While this would be …
Environmental Injustice: How Treaties Undermine Human Rights Related To The Environment,
2020
Columbia Law School, Columbia Center on Sustainable Investment
Environmental Injustice: How Treaties Undermine Human Rights Related To The Environment, Lisa E. Sachs, Lise Johnson, Ella Merrill
Columbia Center on Sustainable Investment Staff Publications
Growing cries for action to effectively address the climate and other environmental crises hold important implications for the governance of cross-border investments. Policymakers and environmental advocates have often overlooked how provisions granted by states in international investment agreements (IIAs) have been used by investors to challenge government measures taken in the public interest to protect the environment and advance environmental justice.
This 2019 paper, published in the Sciences Po Legal Review issue devoted to the climate crisis, explains how the investor-state dispute settlement (ISDS) mechanism, made available to investors in thousands of bilateral and multilateral trade and investment agreements, may …
Vicarious Trauma And Ethical Obligations For Attorneys Representing Immigrant Clients: A Call To Build Resilience Among The Immigration Bar,
2020
University of the District of Columbia David A Clarke School of Law
Vicarious Trauma And Ethical Obligations For Attorneys Representing Immigrant Clients: A Call To Build Resilience Among The Immigration Bar, Hannah C. Cartwright, Lindsay M. Harris, Liana M. Montecinos, Anam Rahman
Journal Articles
This article analyzes the ethical obligations for attorneys representing immigrant clients and the consequences of vicarious trauma, compassion fatigue, and burnout for the immigration bar and immigrant clients. The authors identify barriers for immigration attorneys in preventing, recognizing, and responding to vicarious trauma in themselves and colleagues and suggest practical ways that the immigration bar can and should seek to build resilience.
The Pandemic Paradox In International Law,
2020
University of Maryland Francis King Carey School of Law
The Pandemic Paradox In International Law, Peter G. Danchin, Jeremy Farrall, Shruti Rana, Imogen Saunders
Faculty Scholarship
No abstract provided.
Navigating The Backlash Against Global Law And Institutions,
2020
University of Maryland Francis King Carey School of Law
Navigating The Backlash Against Global Law And Institutions, Peter G. Danchin, Jeremy Farrall, Jolyon Ford, Shruti Rana, Imogen Saunders, Daan Verhoeven
Faculty Scholarship
No abstract provided.
Children In Armed Conflict, In The Oxford Handbook Of Children’S Rights Law (Jonathan Todres & Shani M. King Eds., 2020),
2020
Washington and Lee University School of Law
Children In Armed Conflict, In The Oxford Handbook Of Children’S Rights Law (Jonathan Todres & Shani M. King Eds., 2020), Mark A. Drumbl
Books and Chapters
This chapter addresses a particularly vulnerable population of children, namely, children associated with armed forces or armed groups. These children are colloquially known as child soldiers. This chapter begins by surveying the prevalence of child soldiering globally. It then sets out the considerable amount of international law that addresses children in armed conflict, in particular, the law that allocates responsibility for child soldiering and the law that sets out the responsibility of child soldiers for their conduct. The chapter identifies significant gaps between the law and the securing of positive outcomes for former child soldiers, notably when it comes to …
Fifty States, But No Room For The Stateless, In Atlas Of The Stateless: Facts And Figures About Exclusion And Displacement (Ulrike Lauerhass Et Al. Eds, 2020),
2020
Washington and Lee University School of Law
Fifty States, But No Room For The Stateless, In Atlas Of The Stateless: Facts And Figures About Exclusion And Displacement (Ulrike Lauerhass Et Al. Eds, 2020), David C. Baluarte
Books and Chapters
“Give me your tired, your poor / Your huddled masses yearning to breathe free...” says a plaque on the Statue of Liberty in New York. Since its founding, the United States has welcomed immigrants and has granted them citizenship. Their children born on American soil automatically become US nationals. The current US administration is trying to overturn this proud tradition.
Memorializing Dissent: Justice Pal In Tokyo,
2020
Washington and Lee University School of Law
Memorializing Dissent: Justice Pal In Tokyo, Mark A. Drumbl
Scholarly Articles
Memorials and monuments are envisioned as positive ways to honor victims of atrocity. Such displays are taken as intrinsically benign, respectful, and in accord with the arc of justice. Is this correlation axiomatic, however? Art, after all, may be a vehicle for multiple normativities, contested experiences, and variable veracities. Hence, in order to really speak about the relationships between the aesthetic and international criminal law, one must consider the full range of initiatives—whether pop-up ventures, alleyway graffiti, impromptu ceremonies, street art, and grassroots public histories—prompted by international criminal trials. Courts may be able to stage their own outreach, to be …
Post-Genocide Justice In Rwanda,
2020
Washington and Lee University School of Law
Post-Genocide Justice In Rwanda, Mark A. Drumbl
Scholarly Articles
The Rwandan genocide triggered a vast number of criminal and quasi-criminal prosecutions. Rwanda therefore constitutes an example of a robust and rapid implementation of criminal accountability for atrocity. Rwanda, moreover, departed from other countries – such as South Africa – by eschewing a truth and reconciliation process as part of a transitional justice process. This chapter unpacks three levels of judicialization that promoted criminal responsibility for atrocity in Rwanda: the ICTR, specialized chambers of national courts, and gacaca proceedings. The ICTR indicted roughly 90 individuals, the national courts convicted in the area of 10,000 defendants (with some proceedings remaining ongoing), …
Protecting Stateless Refugees In The United States,
2020
Washington and Lee University School of Law
Protecting Stateless Refugees In The United States, David Baluarte
Scholarly Articles
This article proposes a more complete and nuanced consideration of statelessness in asylum adjudication procedures in the United States and the possibility of reopening previously denied asylum claims for this purpose. The article proceeds in four parts, beginning with a discussion of statelessness in the United States. Next, the article describes the international protection frameworks for both refugees and stateless persons and identifies important points of intersection between these frameworks. Then the article argues that discriminatory denationalization that renders a person stateless triggers refugee protection, thereby making victims of such deprivation eligible for asylum in the United States. The article …
Is It Time For Global Justice? International Human Rights And Wrongs In The 21st Century,
2020
Washington and Lee University School of Law
Is It Time For Global Justice? International Human Rights And Wrongs In The 21st Century, Christopher J. Whelan
Scholarly Articles
Human rights are controversial, yet the question posed in this Article – “is it time for Global Justice?” – begs several, critical, questions which must be addressed first. If humans disagree on which rights should be universal; if human rights are “little more than thistledown, springing up at random and blowing away as time’s whirligig spins,” then how on earth can there be international human rights?
The Protection Of Unaccompanied Migrant Minors Under International Human Rights Law: Revisiting Old Concepts And Confronting New Challenges In Modern Migrant Flows,
2020
Deloitte Legal Greece
The Protection Of Unaccompanied Migrant Minors Under International Human Rights Law: Revisiting Old Concepts And Confronting New Challenges In Modern Migrant Flows, Eirini Papoutsi
American University International Law Review
No abstract provided.
Prologue,
2020
American University Washington College of Law
Prologue, Claudio Grossman, Robert Goldman
American University International Law Review
No abstract provided.
Migration As Reparation: Climate Change And The Disruption Of Borders,
2020
Loyola University Chicago School of Law
Migration As Reparation: Climate Change And The Disruption Of Borders, Carmen G. Gonzalez
Faculty Publications & Other Works
This article examines the legal and moral basis for migration as a form of reparation for the harms inflicted on the states and peoples of the Global South through climate change and through centuries of predatory economic policies. Using Central American migration to the United States as a case study, the article explains that susceptibility to climate change is a function of two variables: exposure and social and economic vulnerability. High-emitting affluent states are disproportionately responsible for Central America’s exposure to climate change due to their historic and current greenhouse gas emissions, their unwillingness to curb these emissions, and their …
Slavery-Like Conditions And Abuse Of Positions Of Vulnerability: Why The United States Should Judge Countries' Efforts To Combat Human Trafficking Based On The Palermo Protocol And Consider The Effects Of Legalized Prostitution On Human Trafficking, Danica Baird
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Introduction: Emerging Challenges In The Relationship Between International Humanitarian Law And International Human Rights Law,
2020
American University
Introduction: Emerging Challenges In The Relationship Between International Humanitarian Law And International Human Rights Law, Claudia Martin, Diego Rodriguez-Pinzon
American University International Law Review
No abstract provided.
Child-Friendly Justice Behind Bars: A Comparative Analysis Of The Protection Mechanisms Of The Rights Of Arrested Children In The Practice Of The Working Group On Arbitrary Detention And Of The European And Inter-American Courts Of Human Rights, Áquila Mazzinghy
American University International Law Review
No abstract provided.
Introduction: Emerging Challenges In The Relationship Between International Humanitarian Law And International Human Rights Law,
2020
American University Washington College of Law
Introduction: Emerging Challenges In The Relationship Between International Humanitarian Law And International Human Rights Law, Claudia Martin, Diego Rodriguez-Pinzon
American University International Law Review
No abstract provided.
Ni Refugiados Ni Migrantes: La Protección Complementaria En Casos De Migrantes En Situación De Pobreza, A La Luz Del Derecho Internacional De Los Derechos Humanos,
2020
Alberto Hurtado University
Ni Refugiados Ni Migrantes: La Protección Complementaria En Casos De Migrantes En Situación De Pobreza, A La Luz Del Derecho Internacional De Los Derechos Humanos, Tomás Pascual Ricke
American University International Law Review
No abstract provided.
