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Persecution And Labor Migrations Due To Corporate “Environmental” Exploitation: Waiting For The Unhrc’S Binding Treaty On Transnational Business Activities?, Riccardo Vecellio Segate 2022 Loyola University Chicago, School of Law

Persecution And Labor Migrations Due To Corporate “Environmental” Exploitation: Waiting For The Unhrc’S Binding Treaty On Transnational Business Activities?, Riccardo Vecellio Segate

Loyola University Chicago International Law Review

Policy debates on the rights and international status of climate refugees, environmental migrants, or environmentally displaced persons have unleashed detailed scholarly commentaries over the last decade, and virtually all standpoints have been scrutinized in literature already. Nevertheless, one aspect of this debate has gone somewhat off the radar in recent years: the (co-)responsibilities of incorporated subsidiaries of transnational corporations in triggering or exacerbating pseudo-environmentally motivated mass-movements of workers and related strata of the populations domiciled where these corporations operate. Despite such neglect, mentioned exploitative occurrences only increased in recent years, and the trend speaks for their further expansion …


Table Of Contents, Loyola University Chicago International Law Review 2022 Loyola University Chicago, School of Law

Table Of Contents, Loyola University Chicago International Law Review

Loyola University Chicago International Law Review

No abstract provided.


Combating Incels: Addressing Misogynistic Violence As An Early Warning Indicator Of Escalating Violence And Armed Conflict, Christie J. Edwards 2022 Loyola University Chicago, School of Law

Combating Incels: Addressing Misogynistic Violence As An Early Warning Indicator Of Escalating Violence And Armed Conflict, Christie J. Edwards

Loyola University Chicago International Law Review

The spectrum of misogynistic violence between incels ("involuntary celibates"), non-State armed groups, and armed forces using extreme violence against women is based around the desire to restore "traditional" gender norms of male dominance, maintain systemic inequality between men and women, and often manifest in gender-based hate crimes before escalating into community violence and armed conflict. Governments and policy makers must dismantle structural inequalities and discrimination against women, as well as ensure effective criminal justice responses to gender-based hate crimes and all other forms of violence against women in order to address and prevent violence and armed conflict, as well as …


Gender And Counterterrorism: How The United States' Underestimation Of Women's Roles In Violent Extremism Threatens National Security, Brianna N. Bulski 2022 Loyola University Chicago, School of Law

Gender And Counterterrorism: How The United States' Underestimation Of Women's Roles In Violent Extremism Threatens National Security, Brianna N. Bulski

Loyola University Chicago International Law Review

Discourse surrounding conflict and terrorism is often confined by gendered binaries which conflate masculinity with violence and femininity with peace and passivity. The social adoption of these archetypes has encouraged policy makers and security officials to paint men as combatants or orchestrators of extremism, while women are thought of as mere collaterals to war. However, the number of women involved in extremist groups is rising both domestically and abroad. As the essentialization of femininity becomes increasingly dangerous, the exigency to reimagine national security initiatives grows. This comment argues that the United States has reached a critical juncture in its counterterrorism …


The Temporality Of Law In Traditional China And Its Contemporary Implications, Tao Wang 2022 Loyola University Chicago, School of Law

The Temporality Of Law In Traditional China And Its Contemporary Implications, Tao Wang

Loyola University Chicago International Law Review

Temporality of law is of great significance in traditional Chinese juridicopolitical thought, and its influence plays a crucial role in China's state building and governance. The existing temporal phrases from the West are not sufficient for explaining the symbol-oriented legal system in traditional China. Formalist law overlooks the temporal elements intrinsic to the legal system and results in the failure of governance. This Article applies a historical culture paradigm to analyze the temporality of law in traditional China by using plurality, sociality, and rhetoric as indicators to demonstrate the contestation of temporal categories in penality, socialization of seasonal time, and …


Monasky V. Taglieri: The Supreme Court’S Interpretation Of Habitual Residency And Its Impact On International Child Abduction, Abigail Leann Heeter 2022 Loyola University Chicago School of Law

Monasky V. Taglieri: The Supreme Court’S Interpretation Of Habitual Residency And Its Impact On International Child Abduction, Abigail Leann Heeter

Loyola University Chicago International Law Review

The most common form of kidnapping is when a child is taken by a parent from a co-parent. When the kidnapping parent is native to another country, navigating the international family courts can be more than challenging. Because of this, the Hague Convention on the Civil Aspects of International Child Abduction created an order that all signatory countries must return an abducted child to their location of habitual residency. However, the Hague Convention declined to define what habitual residency meant, leaving it up to the determination of the Courts. Recently, the U.S. Supreme Court confronted this issue in the landmark …


The Importance Of Being Earnest: Purpose And Method In Scholarship On International Law, Omri Sender 2022 Case Western Reserve University School of Law

The Importance Of Being Earnest: Purpose And Method In Scholarship On International Law, Omri Sender

Case Western Reserve Journal of International Law

No abstract provided.


The Erasure Of Torture In America, Jessica Wolfendale 2022 Case Western Reserve University School of Law

The Erasure Of Torture In America, Jessica Wolfendale

Case Western Reserve Journal of International Law

No abstract provided.


A Regional Custos Morum? Corporate Liability Under International Law In North America After Nevsun Resources And Nestlé, Caroline Zrinka Dzeba 2022 Case Western Reserve University School of Law

A Regional Custos Morum? Corporate Liability Under International Law In North America After Nevsun Resources And Nestlé, Caroline Zrinka Dzeba

Case Western Reserve Journal of International Law

No abstract provided.


Hugo Grotius And The Concept Of Grotian Moments In International Law, Michael P. Scharf 2022 Case Western Reserve University

Hugo Grotius And The Concept Of Grotian Moments In International Law, Michael P. Scharf

Case Western Reserve Journal of International Law

No abstract provided.


The Peace Corps Is Failing To Keep Volunteers Safe, Marnie Leonard 2022 American University Washington College of Law

The Peace Corps Is Failing To Keep Volunteers Safe, Marnie Leonard

Human Rights Brief

Nicole Jacobson, an American Peace Corps Volunteer (PCV) in a Zambian village, was “far from home and feeling alone” when the father of the host family that the Peace Corps (“the agency”) placed her with sexually assaulted her. Jacobson reported the assault to Peace Corps staff, who told her it was a cultural misunderstanding and kept Jacobson at the site for more than a year before allowing her to leave in 2018. Unfortunately, Jacobson’s story is not unique. In fact, she is one of many Returned Peace Corps Volunteers (RPCVs) who have come forward in recent years to share stories …


Brazil’S Violence Against Indigenous Peoples, Andre Taylor 2022 American University Washington College of Law

Brazil’S Violence Against Indigenous Peoples, Andre Taylor

Human Rights Brief

Centuries of violence and displacement define the relationship between indigenous peoples and the successive governments of Brazil. As Brazil embarks on a massive expansion of its agribusiness and mining operations, the systemic denial of land rights and illegal economic activity on protected lands has threatened traditional ways of life practiced by indigenous peoples. The most aggressive policy taken by the Brazilian government has involved legitimizing land claims on unregistered ancestral indigenous lands for development, putting 37,800 square miles of territory at risk for exploitation by loggers, ranchers, and farmers.


Romanian Government Will Implement Measures To Prevent Further Violations Of Rightsof People With Mental Health Conditions Or Disabilities In Accord With The Decision Of The European Court Of Human Rights, Tesa Hargis 2022 American University Washington College of Law

Romanian Government Will Implement Measures To Prevent Further Violations Of Rightsof People With Mental Health Conditions Or Disabilities In Accord With The Decision Of The European Court Of Human Rights, Tesa Hargis

Human Rights Brief

On June 21 and 22, the European Court of Human Rights (ECtHR) and Romania discussed reform measures based on various judgements delivered during the nine-year period between 2012 and 2021. At issue before the ECtHR’s Department for Execution of Judgments was insufficient legal protection, lack of medical and social care, deficiencies in the legal framework governing involuntary placement, inadequate management of psychiatric conditions of detainees, and overcrowding and poor conditions in Romanian mental health facilities.


Chocholáčv. Slovakia: Prisoners, Porn, & Morality In Human Rights, Amanda Lorenzo 2022 American University Washington College of Law

Chocholáčv. Slovakia: Prisoners, Porn, & Morality In Human Rights, Amanda Lorenzo

Human Rights Brief

Chocholáč v. Slovakia asks whether Slovakia’s disciplinary actions against a prisoner in possession of concealed pornographic materials violated the European Convention of Human Rights (“the Convention”). Roman Chocholáč, a thirtythree-year-old currently serving a life sentence in Leopoldov prison was found possessing a “popular weekly magazine” with sexually-explicit pictures pasted inside. The State deemed the added material a threat to morality and prison staff confiscated it. On November 21, 2017, Chocholáč v. Slovakia was brought to the European Court of Human Rights (ECtHR), presenting legal questions under Slovakia’s Criminal Code and Execution of Prison Sentences Act, as well as Articles 8 …


Overcoming The Westphalian Notion Of "Absolute Sovereignty": The Venezuelan Case With The Inter-American Convention Of Human Rights, Gabriel Ortiz 2022 American University Washington College of Law

Overcoming The Westphalian Notion Of "Absolute Sovereignty": The Venezuelan Case With The Inter-American Convention Of Human Rights, Gabriel Ortiz

Human Rights Brief

In 2012, Former Venezuelan President Hugo Chavez withdrew from the American Convention on Human Rights (ACHR or “the Convention”). He presented a letter issued by the Department of Foreign Affairs before the Secretary General of the Organization of American States (OAS). The denunciation became effective in 2013. Thereafter, no one could petition before the Inter-American Commission or the Inter-American Court (IACHR) to hold Venezuela accountable for human rights violations. Meanwhile, between 2014 and 2019, the government’s armed groups have killed more than 19,000 people.


The Origin Story Of The Public International Law & Policy Group: A Case Study In Strategic Optimism, Paul Williams, Isabela Karibjanian 2022 Case Western Reserve University School of Law

The Origin Story Of The Public International Law & Policy Group: A Case Study In Strategic Optimism, Paul Williams, Isabela Karibjanian

Case Western Reserve Journal of International Law

No abstract provided.


Academy On Human Rights And Humanitarian Law Articles On Human Rights And States Of Emergency: Unexpected Crisis And New Challenges: Prologue, Claudio Grossman, Robert K. Goldman 2022 AmericanUniversity Washington College of Law

Academy On Human Rights And Humanitarian Law Articles On Human Rights And States Of Emergency: Unexpected Crisis And New Challenges: Prologue, Claudio Grossman, Robert K. Goldman

Scholarly Articles in Law Reviews & Journals

We are pleased to write this prologue for the special issue of the American UniversityInternationalLaw Review featuring the winning papers from the 2021 Human Rights Essay Award, sponsored by the Academy on Human Rights and Humanitarian Law of American University Washington College of Law.


Platform-Enabled Crimes: Pluralizing Accountability When Social Media Companies Enable Perpetrators To Commit Atrocities, Rebecca Hamilton 2022 American University, Washington College of Law

Platform-Enabled Crimes: Pluralizing Accountability When Social Media Companies Enable Perpetrators To Commit Atrocities, Rebecca Hamilton

Scholarly Articles in Law Reviews & Journals

Online intermediaries are omnipresent. Each day across the globe, the corporations running these platforms execute policies and practices that serve their profit model, typically by sustaining user engagement. Sometimes, these seemingly banal business activities enable principal perpetrators to commit crimes. Online intermediaries, however, are almost never held to account for their complicity in the resulting harms. This Article introduces the concept of platformenabled crimes into the legal literature to highlight the ways in which the ordinary business activities of online intermediaries enable the commission of crime. It then focuses on a subset of platform-enabled crimes—those in which a social media …


Changes And Convergence Of Bankruptcy Law: Recent Experience In Brazil, Joao Guilherme Thiesi da Silva 2022 Columbia Law School

Changes And Convergence Of Bankruptcy Law: Recent Experience In Brazil, Joao Guilherme Thiesi Da Silva

LL.M. Essays & Theses

Bankruptcy regimes across the globe have been constantly changing in response to new market demands and the evolution of insolvency law principles and objectives. Part of the academic community argues that such changes may lead to a convergence of domestic bankruptcy laws, as a result of globalization and market integration. Scholars have reviewed the phenomena of changes and convergence of bankruptcy laws in Europe, East Asia and Africa. However, little attention has been given to Latin American countries, such as Brazil. This paper aims at contributing to the discussion on changes and convergence of bankruptcy law, by focusing on four …


Delphi Study Of International Cybersecurity Norms, Kenneth J. Biskner 2022 Walden University

Delphi Study Of International Cybersecurity Norms, Kenneth J. Biskner

Walden Dissertations and Doctoral Studies

Unregulated state cyberattacks are an urgent threat to international peace and security because of the costs they impose and the devastating effects they can create. However, international norms governing state cyberattacks (international cybersecurity norms) have not yet emerged. The lack of meaningful consequences for state cyberattacks, and the high rewards derived from them, incentivize states to engage in this new form of hostile conduct (cyberconflict). The problem addressed in this modified Delphi study was the persistent struggle between authoritarian and democratic states over competing international cybersecurity norms that cause cyberconflict to remain unregulated. Kingdon’s multiple streams framework was used as …


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