International Law Commons^™

Let Them Eat Rights: Re-Framing The Food Insecurity Problem Using A Rights-Based Approach, Benedict Sheehy, Ying Chen

Michigan Journal of International Law

Food insecurity is a global issue. Large parts of the global population are unable to feed themselves adequately with hundreds of millions of people suffering from hunger and malnutrition. This problem is recognized widely by governments, industry and civil society and is usually understood using one of three approaches or frames: a basic production problem solved by technology and increased industrialization of agricultural, and an economic problem solved by economic growth and a commercial problem resolved by expanding markets. Much of the discussion and policy advice is based on the premise that hunger is primarily a wealth issue and, that …

Asylum-Seekers Are Not Bananas Either: Limitations On Transferring Asylum-Seekers To Third Countries, Tally Kritzman-Amir

Michigan Journal of International Law

Despite the similarities between the movement of people and the movement of goods, many developed nations have maintained high barriers to migration even as barriers to trade have fallen sharply. However, as Jennifer Gordon points out, both bilateral and multilateral treaties governing migration have proliferated within this weaker global patchwork of regulation. For example, the ability of developed states to gain concessions on other matters such as trade or investment has led to the proliferation multilateral agreements, while bilateral agreements have arisen due to a desire to refrain from integrating migrant workers in destination states.

This paper focuses on a …

Implications Of The Selection Of Islamic Law In European Private International Law, Grace Brody

Michigan Journal of International Law

The English Court of Appeal in Beximco v. Shamil Bank chose to apply only English law in a breach of contract case, even though the choice of law clause in the contract at issue also selected Islamic law. The court cited three main reasons for this decision. First, article 3(1) of the Rome I Convention “contemplates” that a contract can be governed only by the “law of a country,” and there is no mention of the application of a “non-national system of law such as Sharia law.” Second, Islamic law does not consist of “principles of law” but instead a …

Litigating Terror In The Sinai After The Egyptian Spring Revolution: Should States Be Liable To Foreign Investors For Failure To Prevent Terrorist Attacks?, Robert Howse, Amin R. Yacoub

Michigan Journal of International Law

The ambiguity of the due diligence standard of the Full Protection and Security obligation in investment treaties persists to this day. A recent ICSID tribunal found a developing state liable for breaching the Full Protection and Security obligation due to its inability to protect a foreign investment against terrorist attacks in a remote deserted area. In this article, we analytically criticize the Ampal v. Egypt arbitral award against the comprehensive factual matrix behind the case. Based on our criticism of Ampal, we argue that developing states should not be liable for failing to prevent or stop terrorist attacks under the …

Pacta Sunt Servanda And Empire: A Critical Examination Of The Evolution, Invocation, And Application Of An International Law Axiom, Jiang Zhifeng

Michigan Journal of International Law

In public international law, pacta sunt servanda is the foundational principle that international agreements are binding on treaty parties and must be kept. Insufficient attention, however, has been given to the role played by this international law axiom in organizing and shaping the international legal order. Accordingly, this note undertakes a critical historical analysis of how pacta sunt servanda was, and continues to be, applied as a legal basis and used as an argumentative method for the formation and maintenance of empire despite its conceptual evolution across time. Importantly, it does not argue that pacta sunt servanda should be abandoned …

Due Diligence In A Pandemic: State Accountability For Covid-19 Under International Law, Andrea Cocchini, Gonzalo Villalta Puig

Indiana Journal of Global Legal Studies

The coronavirus disease 2019 pandemic has tested the response capacity of the international community. This article analyses the due diligence principle and the various international legal instruments that restate it in an assessment of the possible actions that states could have taken to avoid or, at least, contain the initial outbreak of the pandemic.

International Investment Governance And Achieving A Just Zero-Carbon Future, Ella Merrill, Martin Dietrich Brauch, Lisa E. Sachs

Columbia Center on Sustainable Investment

As developing countries continue to be the most negatively affected by climate change and the energy transition, it is increasingly critical that they receive foreign direct investment and financial support to build climate resilience, adapt to climate impacts, avoid carbon lock-in and fossil fuel dependence, and leverage their rich endowments of renewable and extractive resources to prepare for the zero-carbon future.

There is a disconnect and fundamental misalignment between international investment law and the international climate change regime, comprising the United Nations Framework Convention on Climate Change (UNFCCC) and the Paris Agreement. Existing investment treaties—including their centerpiece, investor–state dispute settlement …

Supporting Good Governance Of Extractive Industries In Politically Hostile Settings: Rethinking Approaches And Strategies, Leila Kazemi, Ricardo Soares De Oliveira

Columbia Center on Sustainable Investment

This discussion paper is the product of a workshop entitled “Supporting Good Governance of Extractive Industries in Politically Hostile Settings: A View from Sub-Saharan Africa,” organized by the Oxford Martin School (OMS) Programme on African Governance and the Columbia Center on Sustainable Investment (CCSI) and supporting research. The workshop brought together global and local researchers and practitioners with a wide range of experience with extractives governance, particularly, though not exclusively, in the sub-Saharan African region. The meeting built on prior research and discussions held as part of CCSI’s project on the Politics of Extractive Industries, dedicated to supporting the field …

Regional Immigration Enforcement, Fatma Marouf

Faculty Scholarship

Regional disparities in immigration enforcement have existed for decades, yet they remain largely overlooked in immigration law scholarship. This Article theorizes that bottom-up pressure from states and localities, combined with top-down pressures and policies established by the President, produce these regional disparities. The Article then provides an empirical analysis demonstrating enormous variations in how Immigration and Customs Enforcement’s twenty-four field offices engage in federal enforcement around the United States. By analyzing data related to detainers, arrests, removals, and detention across these field offices, the Article demonstrates substantial differences between field offices located in sanctuary and anti-sanctuary regions, as well as …

A New Chapter In China's Stance On Labour Protection? An Assessment Of The China–Eu Cai, Yueming Yan

Research Collection Yong Pung How School Of Law

China overhauled its pre-existing image of being insufficiently friendly to sustainable development in international investment agreements (IIAs) with its sweeping, specific, and strong commitments to labour rights protection in the Comprehensive Agreement on Investment (CAI) recently concluded with the European Union. This article provides an assessment of these labour provisions and examines their impact on China’s national, regional, and global stances on labour protection. Firstly, it analyses the features and purposes of different types of labour provision and the integrated mechanism for settling disputes on labour issues. This article then identifies the gap between China’s commitments under the CAI and …

Feminism And The Birth Of Sexual Crime As International Crime And The Challenge Of Its Implementation In The Future, Zunnuraeni Zunnuraeni, Rehulina Tarigan, Erlies Septiana Nurbani, Aisyah Wardatul Jannah

Indonesian Journal of International Law

The existence of international sexual crimes in international court jurisprudence and the international law instruments have evolve as an extensive crime from the abundance crime of outrages upon personal dignity, yet still have to front some challenges to attain triumph in its enforcement. This article aims to observe the sexual crimes as international crime in some aspect, namely, its development and the contribution of feminism, the challenges on the law enforcement against international criminal law and the position of feminism in addressing those challenges. In every stage of sexual crimes evolution as international crimes, feminism hold important contribution. Their impact …

States Responsibility To Eradicate Violence Against Women Through The Due Diligence Framework In Human Rights: A Review Of Protection And Punishment In The Case Of Indonesia, Zenny R. Dewantary, Noraida Endut

Indonesian Journal of International Law

In 2016, Zarizana Abdul Aziz and Janine Moussa developed the ‘Due Diligence Framework of States Responsibility in the Elimination of Violence against Women (VAW)’, based on a study their team conducted worldwide beginning in 2011. The framework establishes five domains of due diligence in assessing states responsibility (the “5Ps”) in eliminating VAW: prevention; protection; prosecution; punishment of perpetrators, and provision of redress and reparation for victims/survivors. States are responsible to uphold human rights protection for all people, particularly in eliminating VAW without any discrimination. Indonesia constituted protection measures through laws pertaining to VAW but there are barriers in effectively protecting …

Necessity Of Establishing A Un Specialized Agency For Protection Of Gender Equality, Maziyar Shokrani, Nirmala Many

Indonesian Journal of International Law

A number of recent global issues such as COVID, rise of the Taliban in Afghanistan, inter-state and intra-state conflicts, and gender inequality in Iran show the unprecedented violence against women and other disadvantaged segments of the societies around the globe despite the restless efforts of existing organizations such as the UN Women to protect women’s right, and in broader sense promote gender equality. The lack of efficiency is partly due to its institutional capacities e.g. lacking independence, founding treaty, law-making/treaty making powers and, developed institutional structures and enforcement powers. This article investigates the shortcomings of the UN Women in fulfilling …

Indonesia’S Extraterritorial Obligation To Protect The Human Rights Of Individuals From Transboundary Haze Pollution, Yogi Bratajaya, Diajeng Wulan Christianti, Ahmad Gusman Catur Siswandi

Indonesian Journal of International Law

Ever since the late 1980s, forest fires located in Indonesia have resulted in haze pollution which engulfs the Southeast Asian region almost annually. This paper argues that Indonesia is extraterritorially obligated to ensure the human rights of individuals outside its territory as a result of its failure to prevent the haze pollution. It analyzes the extraterritorial application of Article 2(1) of the International Covenant on Civil and Political Rights (ICCPR), arguing that an individual whose human rights have been adversely affected by transboundary environmental harm is deemed ‘subject to the jurisdiction’ of the originating state. Applying this interpretation, individuals located …

The Discourse Of Reservations To Cedaw On Women’S Rights In Malaysia, Brunei, And Indonesia, Ayu Nanda Saraswati Anak Agung

Indonesian Journal of International Law

Substantive religious-based reservations towards CEDAW have been made by a number of states. Unfortunately, this type of reservations can also have a negative effect on women’s rights. This paper intends to examine the reservation system in CEDAW, state practices and the legal consequences of reservations in general and the rights of women, particularly in South East Asia, namely Malaysia, Brunei and Indonesia. This normative research uses a statutory, conceptual and comparative legal approach. The results show that States tend to object religious-based reservations because this type of reservations is against the object and purpose of the treaty. Whereas under international …

State Immunity And Inter-State Negotiations On Korean Comfort Women, Dimitris Liakopoulos

Indonesian Journal of International Law

This study aims to analyze the situation of comfort women and the acquired jurisprudence, as well as a comparison regarding slavery and the protection of human rights at the international level. It also examines the protection of human rights, international responsibility, crimes committed with impunity, interstate agreements, state immunity, victim reparation, and international jurisprudence. A comparative method was used to analyze tribunal sentences at the International Court of Justice (ICJ) or the national level of Italian constitutional law. However, international responsibility is important because it helps to protect slavery and human rights. The argument of comfort women includes the right …

International Law As A Vehicle For Peace: Feminist Engagements., Hilary Charlesworth, Christine M. Chinkin, Shelley Wright

Book Chapters

This is an edited transcript of three conversations on Zoom which took place on 3 February, 24 March and 23 April 2021. Hilary spoke from Melbourne and the NSW South Coast in Australia, Christine was based in Southampton in the UK and Shelley was in Lund, British Columbia in Canada – all of us in various phases of COVID lockdown.

The first conversation focused on how our journey started, including the ‘Feminist approaches’ article and the impact it had, or has not had, on international law. The second conversation focused more on our subsequent work, and the different approaches we …

International Law Considerations For 21st Century Engagements At Sea, Vice Admiral Darse E. “Del” Crandall Jr.

International Law Studies

Keynote address by the Judge Advocate General of the U.S. Navy at the Alexander C. Cushing International Law Conference at the U.S. Naval War College, Newport, Rhode Island, May 16, 2022.

Upaya Pemerintah Terhadap Perlindungan Ekspresi Budaya Tradisional Batik Motif Parang Sebagai Warisan Budaya Dunia, Raden Zulfikar Supinarko Putra

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

Batik is not just a design on a piece of cloth, more than that, batik is a soul that blends in the procession of Indonesian society. Since the baby has been carried with a batik cloth, weddings wear batik cloth until when they die they will be covered with batik cloth too usually. This fact become a consideration for UNESCO to establish Indonesian Batik as a Masterpieces of the Oral and Intangible Heritage of Humanity in the Fourth Session of The Intergovernmental Committee. This research uses a normative legal research method that is descriptive and analytical using a statutory …

Perbedaan Akad Wakalah Bil Ujrah Dan Akad Qard Terhadap Permasalahan Akad Pembelian Barang Dalam Kehidupan Sehari-Hari, Zendy Sellyfio Ardiana

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Abstract

The wakalah bil ujrah and qard contract are contracts that often cause difficulties in implementing the purchase of goods in everyday life, both in safekeeping for purchasing goods and for buying and selling in general. Where if it is wrong in its application, it can cause income in a sale and purchase to be haraam due to an error in understanding the contract used and not describing benefit as the core of maqashid al-sharia which has an important role in determining Islamic law. The purpose of this paper is to find out how the solution to the application of …