Rule Of Law And International Human Rights,
2022
Loyola University Chicago
Rule Of Law And International Human Rights, Vincent J. Samar
Cardozo International & Comparative Law Review
This article reviews the field of international human rights with particular attention to the way that the International Court of Justice, the International Criminal Court, the Human Rights Committee, and local domestic courts operate to resolve human rights cases. It first notes what internationally recognized human rights there are and the sources that give rise to them. It then explains how relativism enters human rights decision-making, especially at the domestic court level, in part because a common grounding for the human rights propounded was never adopted. Even at the level of the International Court of Justice, its failure to include …
A Personal Essay: The Parthenon Marbles And The British Museum's Fairy Tale,
2022
Benjamin N. Cardozo School of Law
A Personal Essay: The Parthenon Marbles And The British Museum's Fairy Tale, David Rudenstine
Cardozo Arts & Entertainment Law Journal
The British Museum's retention of the Parthenon Marbles is justified by a narrative that the author describes as a "fairy tale," unsupported by historical evidence. The museum claims that Lord Elgin obtained prior written permission from Ottoman authorities to remove the sculptures, but the author argues that this claim is false and contradicted by available evidence. The article contends that the museum's narrative lacks an evidentiary foundation, amounting to deliberate misrepresentation, and calls for the return of the marbles to Athens.
The Parthenon Marbles Case: Background And The Arguments Of Greece And The Uk,
2022
University of Nicosia
The Parthenon Marbles Case: Background And The Arguments Of Greece And The Uk, Irini Stamatoudi
Cardozo Arts & Entertainment Law Journal
The article examines the longstanding dispute over the Parthenon Marbles, focusing on the legal, ethical, and policy arguments between Greece and the UK. It critiques the UK's reliance on the "Universal Museum" theory and legal constraints, arguing that the Marbles' return to Greece is justified on ethical and cultural grounds. The article emphasizes the importance of reuniting the Marbles in their original context and challenges the UK's position as outdated and contrary to modern principles of cultural heritage law.
Opening Remarks,
2022
Benjamin N. Cardozo School of Law
Opening Remarks, Melanie Leslie, David Rudenstine
Cardozo Arts & Entertainment Law Journal
The article addresses the controversy surrounding the Parthenon Marbles, sculptures removed from Greece by Lord Elgin over 200 years ago and currently held by the British Museum. The symposium explores the ethical, legal, and political dimensions of their potential repatriation to Greece, emphasizing the broader implications for cultural property disputes and the role of museums in addressing colonial legacies.
Una Solució, Si Us Plau: Self-Determination And The Catalan Crisis,
2022
Emory University School of Law
Una Solució, Si Us Plau: Self-Determination And The Catalan Crisis, Jared Skinner
Emory International Law Review
Nestled in the corner of Spain is the birthplace of a people and a political conflict as old as the history of the peninsula itself. Catalonia, long a bastion for independence movements around the world, is caught at the center of tensions between traditional regionalism and political centrality in Spain. As internal unrest continues to intensify, miring discussion and dialogue, the crisis creeps closer to a point of drastic political uncertainty. Exhausted with the enduring lethargy of domestic and European legal fora, the Catalans have often thought of turning to international law for a solution. This Comment draws upon decades …
The Third Message Of Islam?,
2022
Emory University School of Law
The Third Message Of Islam?, Upendra Baxi
Emory International Law Review
Professor Abdullahi Ahmed An-Na’im makes a spirited call for reformation of the Shari’a human rights, democracy, and constitutional compliance. He does so not as the problem of any metaphysical framework, or everydayness of the “fatigue of the Sharia,” but as accentuating a moral duty of non-humiliation itself as a human right to live with dignity as the core of Islam and all other religions. He crafts Islamic traditions of dialogue in a world that increasingly only knows the demagogic soliloquies of power. An-Na’im follows the “moderate revolutionary” Ustadh Mohamad Taha, who offered the Second Message of Islam, espousing the Mecca …
Your Body, Your Cells? Direct-To-Consumer Marketing Of Autologous Stem Cell Therapies In The United States, Japan, And Australia,
2022
Vanderbilt School of Law
Your Body, Your Cells? Direct-To-Consumer Marketing Of Autologous Stem Cell Therapies In The United States, Japan, And Australia, Kathleen C. Laird
Vanderbilt Journal of Transnational Law
Stem cell tourism has relocated; patients in search of stem cell therapies to treat nearly any disease can find clinics selling miracle cures without traveling beyond their national borders. Businesses marketing unproven autologous stem cell therapies are now plentiful in highly regulated, wealthy countries, including the United States, Japan, and Australia. Despite regulatory oversight of stem cell therapies and strong support for scientific innovation in these countries, the internet and social media have facilitated the rapid growth and success of a new industry selling unproven treatments directly to consumers. Clinics selling unproven autologous stem cell therapies have succeeded by developing …
Polarization And Reform: Rethinking Separation Of Emergency Powers,
2022
Benjamin N. Cardozo School of Law
Polarization And Reform: Rethinking Separation Of Emergency Powers, Kevin Rizzo
Cardozo International & Comparative Law Review
The note examines the challenges posed by the expansion of presidential emergency powers, particularly under the National Emergencies Act (NEA), and argues that political polarization has weakened Congress's ability to check the President's use of these powers. It advocates for reforms to balance national security needs with constitutional checks and balances, emphasizing the need to address the structural and political factors that enable presidential overreach.
A Bull In A China Shop: How Cfius Made Tiktok A National Security Problem,
2022
Benjamin N. Cardozo School of Law
A Bull In A China Shop: How Cfius Made Tiktok A National Security Problem, Adina Feder
Cardozo International & Comparative Law Review
The note critiques the expansion of the Committee on Foreign Investment in the United States' (CFIUS) mandate under the Foreign Investment Risk Review Modernization Act of 2018 (FIRRMA), particularly its inclusion of "sensitive personal data" as a factor in national security reviews. This expansion has led to overly broad and vague definitions, resulting in unnecessary restrictions on foreign direct investment (FDI) without adequately addressing legitimate national security concerns. The note argues that data privacy issues should be addressed through separate federal privacy legislation rather than CFIUS, which is ill-suited to handle such matters. It calls for clearer definitions and a …
Water Privatization And The Case For A Public Model,
2022
Benjamin N. Cardozo School of Law
Water Privatization And The Case For A Public Model, Jessica Wang
Cardozo International & Comparative Law Review
The note examines the risks associated with privatizing water systems, focusing on cases in Flint, Michigan, and Buenos Aires, Argentina. It argues that privatization can undermine public rights, exacerbate inequalities, and lead to environmental injustice. The analysis highlights the failure of regulatory oversight and advocates for stronger legal frameworks to protect vulnerable communities.
Panel 2: Should The British Museum Return The Collection To Athens?,
2022
Pearlstein McCullough LLP
Panel 2: Should The British Museum Return The Collection To Athens?, Michael Mccullough, Irini Stamatoudi, Elizabeth Marlowe, Kris Tytgat
Cardozo Arts & Entertainment Law Journal
The article challenges the notion that the Parthenon Marbles constitute a unique case for repatriation, arguing that this claim is both factually inaccurate and ethically problematic. It contends that framing the Parthenon Marbles as an exceptional case undermines broader efforts toward decolonization and restorative justice, as it dismisses solidarity with other formerly colonized nations seeking the return of their cultural heritage. The article advocates for a systematic approach to repatriation, emphasizing ethical obligations and the need for museums to adopt principles of restitution grounded in collaboration and equity.
Panel 4: Cultural Property And International Human Rights Trends,
2022
Pactiv Evergreen, Inc.
Panel 4: Cultural Property And International Human Rights Trends, Sandy Cobden, Leila Amineddoleh, Kristen A. Carpenter, Lawrence Kaye
Cardozo Arts & Entertainment Law Journal
The article examines the challenges and trends in recognizing the human rights dimension of cultural property claims, particularly for Indigenous Peoples. It highlights the intersection of social, ethical, and legal dynamics in repatriation efforts, emphasizing the need for international cooperation and the development of effective mechanisms to address these claims. The analysis underscores the importance of considering Indigenous Peoples' laws, traditions, and customs in repatriation processes and advocates for diplomatic approaches over litigation.
A Human Rights Approach To Cultural Property: Repatriating The Yaqui Maaso Kova,
2022
University of Colorado
A Human Rights Approach To Cultural Property: Repatriating The Yaqui Maaso Kova, Kristen A. Carpenter
Cardozo Arts & Entertainment Law Journal
The article argues that current legal frameworks for repatriating cultural property, such as the 1970 UNESCO Convention, are insufficient because they are state-centric and fail to address the rights and interests of Indigenous Peoples. It advocates for a human rights approach, emphasizing the UN Declaration on the Rights of Indigenous Peoples, to remedy past injustices and ensure the repatriation of sacred objects like the Yaqui Maaso Kova. This approach prioritizes Indigenous Peoples' rights to religion, culture, and self-determination over state interests.
At The Intersection Of Diplomacy And International Law: The Isds Reform Process,
2022
University of Richmond - School of Law
At The Intersection Of Diplomacy And International Law: The Isds Reform Process, Chiara Giorgetti
Law Faculty Publications
Diplomacy and international law are highly interactive and interdependent, as Margaret McGuinness and David Stewart explain well in the introduction of this book. This is especially true in international dispute settlement, where diplomacy and international law build on each other as essential tools for the maintenance of peace. From the creation of new international courts and tribunals to enforcement of many international awards and judgments, diplomacy plays a crucial role in fostering and strengthening dispute resolution. ...
International Environmental Law At Its Semicentennial: The Stockholm Legacy,
2022
University of Georgia School of Law
International Environmental Law At Its Semicentennial: The Stockholm Legacy, Melissa J. Durkee
Scholarly Works
The 1972 United Nations Conference on the Human Environment produced the Stockholm Declaration, an environmental manifesto that forcefully declared a human right to environmental health and birthed the field of modern international environmental law. The historic event powerfully “dramatized . . . the unity and fragility of the biosphere,” sparking a remarkable period of international legal innovation and cooperation on environmental protection in the decades to come.
The Stockholm Declaration can be rightly celebrated for putting environmental issues on the international legal agenda and driving the development of environmental law at the domestic level around the world. At the same …
International Child Law And The Settlement Of Ukraine-Russia And Other Conflicts,
2022
University of Georgia School of Law
International Child Law And The Settlement Of Ukraine-Russia And Other Conflicts, Diane Marie Amann
Scholarly Works
The Ukraine-Russia conflict has wreaked disproportionate harms upon children. Hundreds reportedly were killed or wounded within the opening months of the conflict, thousands lost loved ones, and millions left their homes, their schools, and their communities. Yet public discussions of how to settle the conflict contain very little at all about children. This article seeks to change that dynamic. It builds on a relatively recent trend, one that situates human rights within the structure of peace negotiations, to push for particularized treatment of children’s experiences, needs, rights, and capacities in eventual negotiations. The article draws upon twenty-first century projects that …
Journeys Through Space And Time While Reading International Law And The Politics Of History, Found On A Palimpsest, Translated For You, The Reader,
2022
University of Georgia School of Law
Journeys Through Space And Time While Reading International Law And The Politics Of History, Found On A Palimpsest, Translated For You, The Reader, Harlan G. Cohen
Scholarly Works
I was invited to a symposium on Anne Orford’s book, International Law and the Politics of History. On my way there, my mind wandered, and I found myself lost in a forest of half-remembered stories and unfinished thoughts. Searching for a way out, this is what I discovered.
Why Conflict Between International Economic And Rights-Based Governance Is Inevitable,
2022
University of Georgia School of Law
Why Conflict Between International Economic And Rights-Based Governance Is Inevitable, Desiree Leclercq
Scholarly Works
International organizations mandated to govern social rights are colliding with international organizations mandated to govern economic development. While disagreeing with the nature of fragmentation and conflict across international organizations, legal and social science scholars offer various proposals to unify global governance. Those proposals assume that unification will come naturally. That assumption is wrong.
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/="/">The distinct legal instruments that govern and control international organizations render conflict inevitable and unification improbable. By closely examining the pandemic-related activities carried out by the International Labor Organization, the World Bank, and the International Monetary Fund in the same 41 countries, the implications of …
The Gendered Interpretation Of Child Marriage: A Niger Case Study,
2022
CUNY City College
The Gendered Interpretation Of Child Marriage: A Niger Case Study, Melissa Safi
Dissertations and Theses
This paper seeks to answer the question, what is the primary factor driving child marriage? I explore the literature in several scholarly articles that explain why the harmful, traditional practice of child marriage is an issue that predominantly affects girls globally. I also utilize the feminist theory of international relations to support my analysis of child marriage as a gender issue. Incorporating evidence from annual international reports, scholarly articles, and mixed methods studies, this paper examines a case study of Niger, where child marriage affects more than half the population of girls under the age of 18. In studying Niger, …
The Enduring Role Of Conflict In The Perpetuation Of Famine: Advancing 'The Right To Adequate Food' For Sustainable Peace,
2022
CUNY City College
The Enduring Role Of Conflict In The Perpetuation Of Famine: Advancing 'The Right To Adequate Food' For Sustainable Peace, Robert M. Bane
Dissertations and Theses
The present thesis evaluates developments and trends in global conflict dynamics, global systems of governance, and global hunger. Together, the thesis investigates and upholds the notion that famine is a ‘man-made’ phenomenon and explains how famine persists in a world abundant with food. Through analysis and research the following is found: the occurrence of global conflict is accelerating alongside an increase in the severity of organized violence dynamics; global authoritarianism is expanding presenting a threat to global freedoms and liberal democracy; as these trends are occurring, world hunger is steadily on the rise reflecting a significant backsliding of progress achieved …
