International Law Commons^™

Climate Litigation’S Pathways To Corporate Accountability, Mackenzie Kern

Case Western Reserve Journal of International Law

No abstract provided.

Talking Foreign Policy: “Blood & Treasure” September 28, 2021 Broadcast, Michael P. Scharf, Et Al.

Case Western Reserve Journal of International Law

Talking Foreign Policy broadcast from Sept. 28, 2021, "Blood and Treasure," featuring Michael P. Scharf, Sandra Hodgkinson, Darin E.W. Johnson, Gregory P. Noone, and Milena Sterio. Interviews of international lawyers whose real-life experiences may have helped inspire the CBS TV show.

Guilty? Or Just Poor? Potential International Human Rights Violations In The U.S. Bail System, Alireza Nourani-Dargiri

Case Western Reserve Journal of International Law

No abstract provided.

Making An Impact: Panel Of Former Journal Of International Law Editors, Caroline R. Cirillo, Niki Dasarathy, Philip Hadji, Katelyn Masetta-Alvarez, Alireza Nourani-Dargiri, Douglas Pilawa, Christopher Rassi

Case Western Reserve Journal of International Law

Alumni Panel of former editors of the Journal of International Law: Niki Dasarathy, Philip Hadji, Katelyn Masetta-Alvarez, Alireza Nourani-Dargiri, Douglas Pilawa, and Chrisopher Rassi recount their student experiences, careers after law school, and give advice to current students interested in international law careers.

Viral Sovereignty, Vaccine Diplomacy, And Vaccine Nationalism: The Institutions Of Global Vaccine Access, Sam F. Halabi, Ana Santos Rutschman

Emory International Law Review

The COVID-19 pandemic has triggered a global vaccine race. Distributive questions about which countries will receive scarce doses and under which conditions pervade international law and diplomacy. This Article is the first to describe the phenomena that have driven the development of international vaccine-sharing mechanisms, identify the international organizational forces that explain the phenomena, and explain how international organizations may facilitate international cooperation before, during, and after global crises.

This Article explores the longstanding dissociation between global public health imperatives and nationalist responses to pandemics within the frameworks of “vaccine nationalism,” “viral sovereignty,” and “vaccine diplomacy.” The Article then considers …

Foreword, Margaret F. Sport

Emory International Law Review

No abstract provided.

An Examination Of Graffiti Protection And The Social Obligation Theory Of Property, Chelsea Kim

Emory International Law Review

With graffiti art booming, artists all around the world want their creations protected. Current copyright laws in the United States as well as Europe are incentive-based; however, this is an inadequate justification for protection when many artists are motivated by social contribution to the community. This Comment discusses graffiti protections under intellectual property law from an international standpoint—comparing the United Kingdom, France, Greece, and Germany—then analyzes graffiti protections under a progressive property theoretical framework. This Comment argues that the progressive property approach would support the need to better protect graffiti art under copyright law and to contemplate the interests of …

Back To Basics In Evaluating Belief, Nazila Ghanea

Emory International Law Review

The growing academic literature around freedom of thought, conscience, and religion has stretched the topic to many arenas and offered a detailed analysis of its relevance to numerous related concerns. It has, rightly, gone beyond a theoretical consideration as an individual right to also examining it within the community and society at large. This Article, however, assesses whether we need to return to ensuring that freedom of thought, conscience, and religion rest on a sufficiently close nexus with the conviction of particular claimant(s), and why this matters.

Autobiographical Reflections, Abdullahi An-Naim

Emory International Law Review

As a way of concluding this festschrift issue of the Emory International Law Review, I have been invited to contribute an autobiographical essay reflecting on my academic and professional career.

Comparative Disability Policy In Employment, Kevin Rudolph

Emory International Law Review

For individuals living with disabilities, the ability to obtain employment can be challenging. But often it is not the disability itself that causes the challenge, but employers and society’s prejudices. While national legislation both in the United States and abroad have attempted to dispel this prejudice through anti-discrimination programs, novel (or reimagined) solutions are needed to proliferate employment for disabled individuals.

This Comment explores the history of disability employment across the Atlantic by focusing on how the United States, Germany, and the United Kingdom have responded to proliferating employment for disabled individuals. Additionally, this Comment explores both what steps these …

On The Modest Impact Of West Africa’S International Human Rights Court On The Executive Branch Of Government In Nigeria, Obiora C. Okafor, Udoka Ndidiamaka Owie, Okechukwu Emmanuel Effoduh, Rahina Bukar Zarma

Articles & Book Chapters

Some scholars have criticized international courts in Africa as ineffective given their limited success in compelling or cajoling state behavior. Others have since argued that there are additional ways in which these courts have mattered to state and society in Africa. This Article applies the “correspondence theory” on the domestic impact of international human rights institutions. This Article analyzes evidence of the broader ways, compliance included, in which West Africa’s international human rights court, the Economic Community of West African States’ Community Court of Justice (the “ECOWAS Court”), has had a significant, if sub-optimal, impact on executive branch decision-making and …

The Legality Of The Removal Of The Parthenon Marbles. Truth Or Fiction? Archival Research Reveals The Facts About The Removal Of The Parthenon Marbles By Lord Elgin, Elena Korka

Cardozo Arts & Entertainment Law Journal

The article argues that the removal of the Parthenon Marbles by Lord Elgin in the early nineteenth century was illegal, as Elgin never obtained official Ottoman authorization, contrary to British claims. The analysis reveals that Elgin fabricated legal justifications, including the misuse of an unofficial letter from the Kaymakam, to legitimize his actions. The British government's acquisition of the marbles is thus questioned on legal and ethical grounds.

War Torts, Rebecca Crootof

Law Faculty Publications

The law of armed conflict has a built-in accountability gap. Under international law, there is no individualized remedy for civilians whose property, bodies, or lives are destroyed in war. Accountability mechanisms for civilian harms are limited to unlawful acts: Individuals who willfully target civilians or otherwise commit serious violations of international humanitarian law may be prosecuted for war crimes, and states that commit internationally wrongful acts must make reparations under the law of state responsibility. But no entity is liable for lawful but unintended harmful acts—regardless of how many or how horrifically civilians are hurt.

This Article proposes developing an …

Voices From Below—Africa’S Contribution To The Development Of The Norm Of Corporate Responsibility To Respect Human Rights, Akinwumi Olawuyi Ogunranti

PhD Dissertations

The long conversations about corporate responsibility predominantly take place in forums and conferences in the Global North. Yet, the majority of the human rights abuses and their impacts are felt by peasants, farmers, children, and women in local communities in the Global South who do not have a voice in the institutionalized governance systems that animate global affairs. This thesis answers the question of how norms and human rights institutions in Africa can influence the corporate responsibility to respect (CR2R) norm as embedded in pillar II of the United Nations Guiding Principles on Business and Human Rights. Through the theory …

Disabusing The Tax Aid Narrative: What Inter-National Tax Equity Really Means For "Poor" Countries And How To (Re)Frame It, Okanga Ogbu Okanga

PhD Dissertations

International tax regimes (e.g., the “double taxation regime”) are created by states with competing tax jurisdiction to coordinate their tax rules and, specifically, to address common efficiency problems like international double taxation. In developing such regimes, states attempt to balance competing tax policy priorities: efficiency, administrability, and equity. This work engages with equity, as a policy norm of international tax (inter-national tax equity). It is my thesis that the framing/articulation of inter-national tax equity suffers from a narrative problem that, perhaps, stems from its apparent conceptual unclarity and multifarious usage. This narrative problem is most evident in the articulation of …

The Global Red Scare And The Anti-Worker Repressive Model, 1913-1927, Christopher M. Roberts

Cardozo International & Comparative Law Review

This article considers the extensive repressive measures enacted around the world during and in the wake of the First World War. While repressive developments in the World War I and post-war periods have previously been examined in different national contexts, little scholarship has adopted a more global lens. To better organize and consider the relevant developments, this article develops a typology of six different categories of public order governance into which the majority of the repressive measures of the period may be classified: the passage of new laws; the development of new institutions; raids, arrests, prosecutions, and other judicial and …

Changemakers: The Line Between Talent And Desire, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Climate Change And The Right To Health: A Threat Multiplier, Alejandra Ureta Melcon

Upper Level Writing Requirement Research Papers

This comment argues that climate change threatens fundamental human rights recognized by the United Nations High Commissioner for Human Rights. Therefore, the United Nations should adopt the standards set forth in cases like Sacchi v. Argentina and Teitiota v. New Zealand to denote climate change as a threat to the right to health under Articles 11 and 12 of the 1966 International Covenant on Economic, Social, and Cultural Rights. Climate change is already having monumental impacts on access to food and access to clean water and sanitation, which this comment demonstrates by analyzing two country case studies: The Central African …

Letter From The Editor, Ijeoma Oti

Notre Dame Journal of International & Comparative Law

No abstract provided.

Bias And Biometrics: Regulating Corporate Responsibility And New Technologies To Protect Rights, Erika R. George

Notre Dame Journal of International & Comparative Law

No abstract provided.