Sexual Violence And Human Trafficking In India: Legislation, Enforcement, And Recommendations,
2021
Loyola University Chicago, School of Law
Sexual Violence And Human Trafficking In India: Legislation, Enforcement, And Recommendations, Shivani Rishi
Loyola University Chicago International Law Review
No abstract provided.
The International Communities' Ineffective Response Towards The Fight Against Female Genital Mutilation,
2021
Loyola University Chicago, School of Law
The International Communities' Ineffective Response Towards The Fight Against Female Genital Mutilation, Fernanda M. Santos
Loyola University Chicago International Law Review
No abstract provided.
Table Of Contents,
2021
Loyola University Chicago, School of Law
Table Of Contents
Loyola University Chicago International Law Review
No abstract provided.
New Diseases Call For . . . Archaic Responses? Violating Human Rights In The Sanitary Cordon Of Wuhan,
2021
Loyola University Chicago, School of Law
New Diseases Call For . . . Archaic Responses? Violating Human Rights In The Sanitary Cordon Of Wuhan, Madeline Young
Loyola University Chicago International Law Review
No abstract provided.
From The Spectacular To The Everyday: International Law, Violence And The Agenda
For Women, Peace And Security,
2021
University of Michigan Law School
From The Spectacular To The Everyday: International Law, Violence And The Agenda For Women, Peace And Security, Christine M. Chinkin
Book Chapters
This article looks at the conceptions of violence within WPS and thus within these diverse international legal regimes as they relate to women and girls. It first examines the regulation of inter-state violence, both legal recourse to the use of force and constraints upon the means and methods of warfare. It then outlines how state obligations to prevent and punish violence against women were brought into human rights law in the early 1990s, primarily by the UN Committee on the Elimination of Discrimination against Women (CEDAW Committee). The WPS resolutions are then summarised, focusing on provisions for the prevention of …
New Kid On The Block: An Introduction To The Hague Rules On Business And Human Rights Arbitration,
2021
Mumbai Centre for International Arbitration (India)
New Kid On The Block: An Introduction To The Hague Rules On Business And Human Rights Arbitration, Bhavya Mahajan
Cardozo Journal of Conflict Resolution
In the medieval European states, Lex Mercatoria, literally "Merchant Law," was a prevalent custom, which developed out of the norms and needs of the market and influenced the transborder trade practices among merchants. For redressal of trade-related disputes, arbitration was the popular method and the merchants elected their own judges in the courts of arbitration that they established. These courts developed a reputation for swift resolution of disputes using high moral standards. Non-compliance with practiced norms, or with the arbitral decisions of the courts, would solidify pariah status for the defaulting merchant in the trading community. Gradually, with the …
Child-Proofing Global Public Health In Anticipation Of Emergency,
2021
Florida State University College of Law
Child-Proofing Global Public Health In Anticipation Of Emergency, Frederick M. Abbott
Scholarly Publications
No abstract provided.
Taking Exception To Assessments Of American Exceptionalism: Why The United States Isn't Such An Outlier On Free Speech,
2021
University of Oklahoma College of Law
Taking Exception To Assessments Of American Exceptionalism: Why The United States Isn't Such An Outlier On Free Speech, Evelyn Aswad
Faculty Articles
One of the most significant challenges to human freedom in the digital age involves the sheer power of private companies over speech and the fact that power is untethered to existing free speech principles. Heated debates are ongoing about what standards social media companies should adopt to regulate speech on their platforms. Some have argued that global social media companies, such as Facebook and Twitter, should align their speech codes with the international human rights law standards of the United Nations (“U.N.”). Others have countered that U.S.-based companies should apply First Amendment standards. Much of this debate is premised on …
Brain-Computer-Interfacing & Respondeat Superior: Algorithmic Decisions, Manipulation, And Accountability In Armed Conflict,
2021
The Catholic University of America, Columbus School of Law
Brain-Computer-Interfacing & Respondeat Superior: Algorithmic Decisions, Manipulation, And Accountability In Armed Conflict, Salahudin Ali
Catholic University Journal of Law and Technology
This article examines the impact that brain-computer-interfacing platforms will have on the international law of armed conflict’s respondeat superior legal regime. Major Ali argues that the connection between the human brain and this nascent technology’s underlying technology of artificial intelligence and machine learning will serve as a disruptor to the traditional mental prerequisites required to impart culpability and liability on commanders for actions of their troops. Anticipating that BCI will become increasingly ubiquitous, Major Ali’s article offers frameworks for solution to BCI’s disruptive potential to the internal law of armed conflict.
Innovative Thinking: Modernizing Outer Space Governance,
2021
The Catholic University of America, Columbus School of Law
Innovative Thinking: Modernizing Outer Space Governance, Diane M. Janosek
Catholic University Journal of Law and Technology
Space security is essential to global safety and prosperity. International treaties should modernize and reflect the world’s innovation in space and governance needs. One must look back to 1967 for the inaugural “Outer Space Treaty,” the first and only binding multilateral agreement for peaceful space use and exploration. In 50 years, technologies and space capabilities have evolved; an updated global treaty and agreement should be developed and evaluated. Both China and Russia have demonstrated their capability to degrade and/or destroy adversaries’ satellites in space. Space wars are no longer a hypothetical. The future once discussed and anxiously anticipated after Sputnik …
The Fsia And Cyberspace: Could Hact Be The Answer?,
2021
Catholic University of America (Student)
The Fsia And Cyberspace: Could Hact Be The Answer?, Ritika Malkani
Catholic University Journal of Law and Technology
Under the non-commercial tort exception to the Foreign Sovereign Immunities Act (FSIA), a tort committed by a foreign state must occur wholly within the United States in order to trigger jurisdiction and liability in an American court. As such, cybercrimes which are committed abroad, even if targeted at and cause harm to U.S. citizens, fall outside this exception, leaving injured parties with no domestic avenue of redress. Potential solutions to closing this gap in the legal framework include the proposed Homeland and Cyber Threat Act (HACT), expansion of the FSIA's terrorism exception, or overruling the entire tort doctrine.
The Operation Of Supervisory Colleges In Eu Banking Supervision: A Case Study Of Soft Law Becoming Hard Law,
2021
Southern Methodist University
The Operation Of Supervisory Colleges In Eu Banking Supervision: A Case Study Of Soft Law Becoming Hard Law, Duncan Alford
The International Lawyer
No abstract provided.
Regulatory Technology (Regtech) - Construction Of A New Regulatory Policy And Model,
2021
Southern Methodist University
Regulatory Technology (Regtech) - Construction Of A New Regulatory Policy And Model, G. A. Walker
The International Lawyer
No abstract provided.
Are U.S.-Listed Chinese Firms A Minefield? A Board Perspective,
2021
Southern Methodist University
Are U.S.-Listed Chinese Firms A Minefield? A Board Perspective
The International Lawyer
No abstract provided.
Limits Of The Rule Of Law: Negotiating Afghan “Traditional” Law In The International Civil Trials In The Czech Republic,
2021
Charles University, Prague
Limits Of The Rule Of Law: Negotiating Afghan “Traditional” Law In The International Civil Trials In The Czech Republic, Tomas Ledvinka, James M. Donovan
Law Faculty Scholarly Articles
Drawing on ethnographic research of judicial cases in the Czech Republic which involve the law in migrants' countries of origin, this Article outlines how multiple strategies handle encounters with the legal-cultural differences of Afghanistan in order to neutralize what may be called the “alterity” of law. The Article suggests that far from being analytical tools, concepts such as “context,” “culture,” and “customary” are strategically used by courts to neutralize unsettling aspects of foreign Afghan legalities. Further, it applies Leopold Pospíšil´s ethnological concept of legal authority as a vehicle for reinterpreting the contextual differentiation of Afghan “traditional” law as an alternative …
Form Or Substance? Excluding Liability For Misrepresentation,
2021
Singapore Management University
Form Or Substance? Excluding Liability For Misrepresentation, Zhi Jia Koh
Singapore Law Journal (Lexicon)
Exclusion of liability for misrepresentation has long been controversial. There are many ways in which one could go about doing it, namely, through express exclusion of liability clauses, entire agreement clauses, non-reliance clauses, and maybe even basis clauses. The key question is whether such clauses are subject to s 3 of the Misrepresentation Act, which prevents a contracting party from escaping liability when it is unreasonable to do so. Notably, English jurisprudence has taken the view that any term that excludes liability for misrepresentation in effect would be subject to the test of reasonableness. Singapore appears to be moving in …
A Path To Transformation: Asking “The Woman Question” In International Law,
2021
University of Pennsylvania Law School
A Path To Transformation: Asking “The Woman Question” In International Law, Cochav Elkayam-Levy
Michigan Journal of International Law
Methods matter, and the discussion over feminist methods in international law is an important one. As Kathrine Bartlett famously noted, “thinking about method is empowering.” It makes us more aware of the nature of what we do and what we aim to improve in the law. Consequently, we can act more effectively when we examine legal structures and do it with a stronger sense of commitment towards our feminist work. Methods are also the fundamental means by which we produce “valid knowing.” The discussion of feminist methods in international law is one that engages with the combination of rules and …
Table Of Contents,
2021
Seattle University School of Law
2021 Distinguished International Law Visitor Lecture: East And West, To The Ratline, And Beyond: On Memory And Identity,
2021
University College London
2021 Distinguished International Law Visitor Lecture: East And West, To The Ratline, And Beyond: On Memory And Identity, Philippe Sands
Lewis & Clark Law Review
No abstract provided.
Matter Of Negusie And The Failure Of Asylum Law To Recognize Child Soldiers,
2021
Lewis & Clark Law School
Matter Of Negusie And The Failure Of Asylum Law To Recognize Child Soldiers, Ruth Campbell
Lewis & Clark Law Review
In Matter of Negusie, Attorney General William Barr struck yet another blow to asylum seekers by rejecting any exception for duress or coercion in applying the “persecutor bar” to immigration relief. Commentators have previously observed that the victims of the “strict-liability persecutor bar” to asylum will often be child soldiers, usually discussed in the context of children fleeing conflicts in parts of Africa and the Middle East. This Comment aims to recontextualize concern about the availability of asylum for child soldiers as part of an ongoing crisis of children fleeing recruitment by powerful gangs and cartels in Mexico, Honduras, El …
