International Law Commons^™

Human Rights, Between Peace And Dignity, Ryan Liss

Michigan Journal of International Law

Today, it seems self-evident that human rights are enshrined at the international level because they protect universal human dignity—a cosmopolitan entitlement that cannot be left to the contingencies of domestic law. The prevalence of this received wisdom, however, masks a fundamental transformation in the idea of human rights over the last century. When human rights were first enshrined in international law—during and following the Second World War— their international status was not seen to be justified primarily by the inherent dignity of persons, but by the instrumental role human rights were understood to play in securing interstate peace. This article …

‘Insistent’ Objectors: The (Ab)Use Of Procedural Defenses Before The International Court Of Justice, Damian A. Gonzalez-Salzberg, Eoin Campbell

Michigan Journal of International Law

Procedural defenses refer to tactical devices that object to either a court’s jurisdiction or to the admissibility of an application, aimed at stopping a court from deciding on the merits of a case or, at least, at limiting the scope of its decision. From its creation in June 1945 and up to the end of 2024, the International Court of Justice (“ICJ”) has adjudicated 101 cases, with almost 80% of them featuring procedural defenses raised by states. These defenses have not only been plentiful, but have been extremely effective, leading to the ICJ’s refusal to decide on the merits of …

The Martha Wright-Reed Act: How The Fcc Took One Step Forward For Communication Equality For Deaf Individuals In Correctional Facilities And How It Could Be Expanded, Ashley Seebold

Seattle University Law Review

For decades, phone companies preyed on incarcerated individuals and their loved ones due to the lack of regulation of jail phone calls.2 In 2021, the average cost of a fifteen-minute jail phone call was about $3.3 In 2022, the average cost rose to $5.74, while some individuals faced an extreme charge of $24.82 for the same amount of time.4 In the early 2000s, consumer advocate and concerned grandmother Martha Wright-Reed called upon the Federal Communications Commission (FCC) to fix the imbalance so she could speak to her incarcerated grandson.5 Eventually, in 2023, the FCC answered her call to action and …

International Advice, Mature Democracies And The Venice Commission, Maartje De Visser

Research Collection Yong Pung How School Of Law

The aim of this article is to explore the role and practice of constitutional advice-giving as it relates to mature democracies. More precisely, this article considers how the Venice Commission – the official advisory body for constitutional matters of the Council of Europe – exercises its mandate vis-à-vis such democracies through the delivery of country-specific Opinions, based on a close reading of all such Opinions rendered between 2002 and 2024. It examines the substantive focus of those Opinions, the way they engage with constitutional experiences elsewhere, as well as the tone of the assessment and the approach taken in formulating …

Shrinking Sovereignty: By Land, Sea, And…Air?, Cynthia R. Harris

Pace Environmental Law Review

Atlantis was a mythical State destroyed by the gods as an object lesson to humanity. The complete destruction of a State, as a political entity, does have precedent in historical reality. The complete and permanent loss of a State’s physical territory, however, is a problem humanity has never faced—until now. Today, climate change-driven sea level rise is bringing the future sovereign status of Small Island Developing States (SIDS) in question. A growing body of legal scholarship argues for maintaining these States’ maritime jurisdictions but has not yet extended the question skyward to SIDS’ jurisdiction over airspace.

This Article addresses that …

Making Noise Through Law: Indigenous Legal Mobilisation Against A Power Plant In “French” Guiana, Pierre Auzerau

Tipití: Journal of the Society for the Anthropology of Lowland South America

In so-called “French” Guiana, or Guyane, the Kali’na village of Atopo Wipi has fought for years against a hydrogen power plant being built on their land. Drawing on ethnographic fieldwork conducted between 2023 and 2024 in Guyane and Western Europe, where I collaborated with various stakeholders to support Atopo Wipi’s resistance to the power plant, my research focuses on the legal dimensions of the Kali’na’s struggle to protect their land. Specifically, this article examines how the Kali’na navigated different normative frameworks, including international human rights standards and French law, to fight the project. Through this analysis, I show how the …

Mortgage Backed Securities And Islamic Finance Law, Poej

Proche-Orient, Études juridiques

No abstract provided.

L’Agence Commerciale Dans Le Droit International Privé Des Pays Arabes : Arabie Saoudite, Bahreïn, Égypte, Émirats Arabes Unis, Irak, Jordanie, Koweït, Liban, Qatar, Sultanat D'Oman, Syrie, Yémen, Nagib Hage-Chahine

Proche-Orient, Études juridiques

No abstract provided.

All But The Death Penalty: Incomplete Protection For Civilian Internee Mothers, Minju Kwon

Political Science Faculty Articles and Research

How did unrecognised gender biases impact the codification of international humanitarian law (IHL)? While recent studies on IHL have highlighted historical lawmaking processes, little research has examined gender biases behind the codification of the “Protection of Women” in the Geneva Conventions and additional protocols. This study examines gender biases and state interests reflected in the codification process by focusing on Article 76§3 of the 1977 Protocol Additional I, which incompletely protects civilian women internees who are pregnant or have dependent children by prohibiting execution but leaving room for pronouncement of the death penalty. Referring to the theory of benevolent sexism, …

"The Appearance Of The Confederate Flag In These Seas:" The Css Sumter, Neutrality, And The International Dimensions Of The American Civil War, John Macisaac Coleman

History Undergraduate Senior Theses

No abstract provided.

Comparative Study On Institutional Design And Scope Of Grounds Of Criminal Cases Review Between Indonesia And The United Kingdom, Rahman Syamsuddin, Muhammad Ikram Nur Fuady, Hasdiwanti Hasdiwanti, Hilmiah Hilmiah

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

This study examines to examine the comparative framework of criminal cases review between Indonesia and the United Kingdom (UK), focusing on the scope of grounds and institutional framework. Both jurisdictions recognize post-conviction review as an extraordinary legal remedy intended to prevent miscarriages of justice. Indonesia employs revision (PK –Peninjauan Kembali) as a restrictive system, similar to the Court of Appeal. The UK adopts a broader and more flexible model through Criminal Cases Review Commission (CCRC). The study used secondary data and literature reviews, with a comparative legal approach grounded in normative and institutional analysis, assessing the legal structures, procedural …

Integrating Free, Prior, And Informed Consent Into Indonesia's Palm Oil Regulatory Framework For Indigenous Protection, Ermanto Fahamsyah, Natasya Aulia Putri, Ramadhan Dwi Saputra, Vicko Taniady

Padjadjaran Jurnal Ilmu Hukum (Journal of Law)

This study examines the absence of a binding Free, Prior, and Informed Consent (FPIC) mechanism in Indonesia's palm oil regulatory framework, which has resulted in recurring land conflicts and insufficient protection for indigenous peoples whose customary territories are converted into plantation concessions. It aims to analyze the weaknesses of the current legal framework and to evaluate FPIC models in the Philippines and Colombia as potential references for national reform. This study adopts a normative legal method using statutory, case-based, and comparative approaches. Primary and secondary legal materials were examined to assess Indonesia's existing protections for indigenous peoples and to compare …

Fixing Our Borders Of Injustice: The Fall Of Chevron Brings New Hope For Gender-Based Violence Asylum, Lara Mcleod

Catholic University Law Review

The Immigration & Nationality Act (INA) governs U.S. immigration law and was enacted to assist and protect international refugees from persecution and threats to life or freedom. The primary legislative purpose of the INA was to conform U.S. asylum law to international standards established in the 1967 Refugee Protocol. This Comment will critically examine the former Biden Administration’s June 2024 Proclamation on Securing the Border, illustrating how the Proclamation’s deterrence-based policies failed to meet the United States’ protective obligations under both international and federal law standards and underscored the inherent flaws of the Executive Branch’s enforcement of U.S. asylum law, …

“We Are Physically Alive But Mentally Dead”: The International Community Must Take Action To Ensure Women’S Right To Education In Afghanistan, Solveig J. Clifford

BYU Law Review

International treaties recognize the right to education as a fundamental human right. The Taliban, which currently act as the government as Afghanistan, are legally bound by treaty obligations to respect the right to education. The Taliban have banned women and girls from receiving education past the sixth grade, which is illegal under international law. During the Taliban’s previous regime in Afghanistan, they implemented a similar policy, which had disastrous results for an entire generation of Afghan women. Once again, the education ban is causing severe harm to the women and girls of Afghanistan. The international community has failed to take …

The Continuum Of Contractual Commitment, David V. Snyder

Pepperdine Law Review

Contracts frequently call for one or more differentiated levels of contractual commitment. Although contractual liability in the common law is said to be strict liability, and a claim that a good attempt was made is said to be no defense, often a party promises only to try. Contract theory in the United States struggles with departures from the paradigm of strict liability, and it has failed to fully consider the continuum of contractual commitment. To encompass the range of assent-based commitment and its consequent liability, U.S. contract theory needs to distinguish more clearly between (1) promises to try, which do …

Property, Recognition, And The Problem Of The Term “Debtor”: Rethinking Eligibility In Chapter 15 Cross-Border Insolvency, Jonathan Lent

Brooklyn Journal of Corporate, Financial & Commercial Law

Congress knows how to draft a property requirement. There is no such requirement for a Chapter 15 debtor to seek recognition of its foreign proceeding, yet there is a circuit split on the issue. In 2005, Congress enacted Chapter 15 through the Bankruptcy Consumer Protection and Consumer Act (“BAPCPA”). The Second Circuit in In re Barnet held that section 109(a), along with its property requirement, applies in a Chapter 15 case through section 103(a), which provides that Chapter 1 of the bankruptcy code applies to Chapter 15. The Eleventh Circuit, in In re Al Zawawi, relying on jurisprudence decided under …

Reining In The Patent Troll: Lessons The United States Can Learn From Its Northern Neighbors, Megan Petras

Loyola of Los Angeles International and Comparative Law Review

In patent law, non-practicing entities (NPEs) are patent holders who do not practice their patented invention. In recent years, there has been concern over a particular type of NPE, the patent troll. Patent trolls are said to harm innovation because they do not come up with any new ideas themselves, but instead buy up patents cheaply, find potential infringers, and threaten litigation to receive large settlements or damage awards. Interestingly, the patent troll problem is considered to be primarily a problem in the United States. While comparisons have been made between the existence of patent trolls in the European Un-ion …

International Human Rights Law And Extrajudicial, Summary Or Arbitrary Execution In Africa, John Mukum Mbaku

Loyola of Los Angeles International and Comparative Law Review

International and regional human rights instruments, as well as the laws of many countries, including those in Africa, consider the right to life to be a very important and fundamental human right. Human rights defenders believe that without this right, individuals cannot enjoy or realize the other rights and fundamental freedoms that are guaranteed by and enshrined in international and regional human rights instruments, as well as in many national constitutions. However, despite the protections granted to the right to life by both international and domestic laws, it remains threatened by many individuals and groups. Threats to the right to …

Rodríguez Pacheco Et Al. V. Venezuela, Katrina Karaguzian

Loyola of Los Angeles International and Comparative Law Review

This case is about medical malpractice and the failure of the State to provide justice to the victim. The Court found Venezuela in violation of several articles of the American Convention, including Article 26.

Active Memory Civil Association Vs. Argentina, Kamila Knaudt

Loyola of Los Angeles International and Comparative Law Review

This case is about the botched investigation of the bombing of the building hosting the Asociación Mutual Israelita Argentina, (AMIA) in Buenos Aires, Argentina. The State admitted responsibility for the faulty investigation, which took more than twenty years, and the Court found Argentina in violation of several articles of the American Convention.