International Law Commons^™

The Fall And Rise Of Bengali Muslim Conciousness: Conceptualising The Identity Of The Bangla Universal, Habib Khan

Theses and Dissertations

The emergence of modern-nation states saw the end of the empirical era of exploitation and exercise of inherent racist tendencies towards the 'other'. However, the effect of that colonial system is still ever-present in the creation and governance of these newly independent states. While every new state aims to be 'modern', they adopt the international legal framework of the West as their own - a system they had initially wanted to escape. The concept of Muslim universality in the form of the ummah should have freed Pakistan from the shackles of its former colonial masters. Instead, this phenomenon was replaced …

The House Doesn't Always Win, Jennifer Owen

International Conference on Gambling & Risk Taking

In June 2015, fourteen South Korean casino executives were arrested on charges of soliciting Chinese players to gamble in their casinos. This single event foreshadowed a seismic change in the Australian casino market that few would have anticipated. The events which unfolded led to the two largest casino operators in Australia being found unsuitable to operate their casinos, and unable to hold their licenses. Collectively, these two casino groups reported revenues of $5.0bn in 2019, accounting for 92% of the total Australian casino market.

Both are now operating under various forms of special supervision until it can be demonstrated that …

The Issue Of Enforcement In International Law: A Case Study Of The War In Ukraine, Luana M. Denegre

Undergraduate Honors Theses

This thesis seeks to outline ways to enforce international law more effectively. Through the analysis of the current international legal framework and the different mechanisms created to enforce international law, it identifies why they are insufficient to enforce international law effectively, and it gives recommendations to ameliorate the way international law is currently enforced. This research focuses on the ongoing war in Ukraine as a case study, and provides specific examples of ways international law was grossly violated by Russia, a U.N. permanent Security Council member, in order to identify patterns in the non-enforcement of international law. To bridge the …

Consumers' Perceptions Of Digital Privacy In The United States And Japan, Destiny Randle

Whittier Scholars Program

The purpose of my study is to explore the contours of contemporary consumer privacy protections derived from legislation, regulations and publicly available company policies as a way to get a better understanding of how consumer data is protected. A few examples ranging from company-based consumer protection in the United States to data breaches in Japan will be explored and examined. Finally, this paper includes a comparative survey of consumer perceptions and concerns related to personal data privacy in the U.S. and Japan. As a way to assess the degree to which digital privacy and personal data breaches have adversely influenced …

Putin’S Arrest Warrant: The What And The Why Of “Unlawful Deportation Of Children”, Maxwell Granger

GGU Law Review Blog

Earlier this year, the International Criminal Court (ICC) issued an arrest warrant for Vladimir Putin, president of the Russian Federation. The charge: unlawful deportation of children, a war crime. While there have been many calls to prosecute Mr. Putin for alleged war crimes in Ukraine (indeed, the United States even passed a new law which could allow such a prosecution in the U.S.), some might be wondering what “unlawful deportation of children” exactly entails and why the ICC chose this particular charge.

Brief Of Law Professors As Amici Curiae In Support Of Plaintiff-Appellee, Evan J. Criddle

Briefs

No abstract provided.

Waking Sleeping Beauty? Exploring The Challenges Of Cyber-Deterrence By Punishment, Thibault Moulin

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Untethering Umvs From Vessels: Why The United States Should Construct A New Environmental Legal Scheme For Unmanned Maritime Vehicles, Lindsay I. Mccarl

Dickinson Law Review (2017-Present)

International and domestic laws and regulations, and in particular those addressing environmental protections related to the world’s oceans, have no clear application to unmanned maritime vehicles (UMVs). Instead, legal scholars have attempted to fit UMVs into current legal schemes in a piecemeal manner that UMVs practically and realistically cannot comply with. UMVs are inherently different than their manned counterparts and therefore require a unique legal framework separate and apart from manned vessels. Without its own legal scheme, the United States Navy and other organizations will not be able to realize the full potential of UMVs—not only for their military operational …

Human Rights, Trans Rights, Prisoners’ Rights: An International Comparison, Tom Butcher

Northwestern Journal of Law & Social Policy

In this Note, I conduct an international comparison of the state of trans prisoners’ rights to explore how different national legal contexts impact the likelihood of achieving further liberation through appeals to human rights ideals. I examine the United States, Canada, the United Kingdom, Australia, India, Argentina, and Costa Rica and show the degree to which a human rights framework has been successful thus far in advancing trans prisoners’ rights. My analysis also indicates that the degree to which a human rights framework is likely to be successful in the future varies greatly between countries. In countries that are hesitant …

Internally Displaced Persons: Ordeals And Analyses Of The Possible Regimes Of Legal Protection Frameworks, Olawale Ogunmodimu

St. Mary's Law Journal

This present global community is complicated because of anxiety and uncertainty. It is thoroughly interconnected yet intricately partitioned. Pivotally, one could argue that the centrality to this global anxiety is identity and belonging. People want to identify with and belong to a political system, territory, and culture. It seems that there is a present world that mirrors the political emergence of the interwar period that had nationalism on the rise. There is hostility to non-citizens globally, whether as refugees, internally displaced peoples (IDPs), or immigrants seeking to join new political communities. This Article explains the difficulties that ensue from being …

Endnotes

Sustainable Development Law & Policy

No abstract provided.

Using Federal Public Lands To Model A New Energy Future: Why The Biden Administration Should Prioritize Renewable Energy Development On Public Lands, Meghen Sullivan

Sustainable Development Law & Policy

Oil and gas extraction on public lands and waters is responsible for twenty percent of U.S. greenhouse gas emissions. If American public lands were their own country, they would be the fifth-largest greenhouse gas emitter in the world. As of 2020, only twenty percent of total U.S. electricity generation came from renewable energy sources. While renewable energy development on public lands has increased, most renewable energy comes from private lands. However, public lands contain immense renewable energy potential; for example, it is estimated that half of this country’s geothermal resources are found on public lands. Despite underutilized renewable energy potential …

Crumbling Crown Jewels: Addressing The Impact Of Recreational Overuse In America's National Parks, Ellen Spicer

Sustainable Development Law & Policy

National Parks are the “crown jewels” of America. However, in recent years they have become subjected to rampant overcrowding and overuse, so much so that they are being loved to death. The 1916 National Park Service (“NPS”) Organic Act calls for the conservation of “the scenery and the natural and historic objects and the wild life . . . and to provide for the enjoyment of the same in such manner and by such means as will leave [park sites] unimpaired for the enjoyment of future generations.” Due to increased visitation, one of the mandates of the NPS is being …

Pedal Into The Future, Elliot Wiley

Sustainable Development Law & Policy

Congress severely weakened the Electric Bicycle Incentive Kickstart for the Environment Act (E-Bike Act) when the bill was absorbed into the Build Back Better Bill. Electricity is the future, yet Congress has defanged a bill that could create significant progress in making bicycling a more accessible option for commuters.

Making Room For The Past In The Future: Managing Urban Development With Cultural Heritage Preservation, Kubra Guzin Babaturk

Sustainable Development Law & Policy

Few would disagree that art and architecture are indispensable aspects of the collective human experiences. But can there be “too much” of it? How much is “too much?” Could art and cultural heritage be a hindrance to progress, urbanization, and sustainability? Which art is worth saving? A growing question is how to balance and reconcile expanding urban needs with efforts to preserve cultural heritage. Many cities across the global face this fresh moral dilemma. Cities like Istanbul, Rome, and Cairo––heirs to great empires, with history and art cursing through every alley, are still modern-day metropolises, with ever-burgeoning populations and social …

Toward A Utah Intentionally Created Surplus Program, Devin Stelter

Sustainable Development Law & Policy

The Colorado River Basin continues to face a now two decade-long drought sparked by the drastic effects of climate change on the region. Climate forecasting predicts that the adverse effects of climate change will only increase in severity in years to come. These effects have led federal, state, tribal, and private actors operating in the basin to search for innovative and effective solutions to the significant water scarcity problems that will persist into the future. A closely linked threat stemming from Colorado River water scarcity is the prospect of a “Compact call” on Upper Basin water by the Lower Basin …

About Sdlp, Sdlp

Sustainable Development Law & Policy

The Sustainable Development Law & Policy Brief (ISSN 1552-3721) is a student-run initiative at American University Washington College of Law that is published twice each academic year. The Brief embraces an interdisciplinary focus to provide a broad view of current legal, political, and social developments. It was founded to provide a forum for those interested in promoting sustainable economic development, conservation, environmental justice, and biodiversity throughout the world.

Editor's Note, Juliette Jackson, Bailey Nickoloff

Sustainable Development Law & Policy

The Sustainable Development Law and Policy Brief (“SDLP”) is celebrating twenty-two years of legal scholarship on issues related to environmental, energy, natural resources, and international development law. SDLP continues to provide cutting-edge solutions to these legal issues in the face of the global COVID-19 Pandemic, while also transitioning back into a “new normal.” This issue is no different, as we published articles challenging our lawmakers and policy heads to address the impending needs of our communities to develop more sustainable infrastructure—needs that are only exacerbated by man-made climate change. We are proud of the work published, and we are forever …

Book Discussion - Elections, Violence And Transitional Justice In Africa, Elias Opongo, Tim Murithi

The Journal of Social Encounters

No abstract provided.

Damage To Reputation: A Comparative Analysis Of Pecuniary Compensation For Non-Pecuniary Harm, Frank S. Giaoui

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.