International Law Commons^™

Asylum Seekers: The Search For Basic Human Right To Healthcare In Industrial Countries, Marlaina Wright

Emory International Law Review

An important right afforded to all persons as part of their international human rights includes the right to access healthcare. Asylum seekers, however, are a population that struggles to enjoy a designated right due to countries having varying interpretations of what it means to provide healthcare services. When seeking asylum, many asylees believe that going to developed, industrial countries is the best route for achieving safety, educational opportunities, and a higher standard of living. However, when it comes to providing access to healthcare for asylum seekers specifically, countries such as the United States, Japan, Germany, and Switzerland do not fully …

Demystifying The Legitimacy Of International Tribunals: Case Study Of The International Court Of Justice And Its Decisions On Armed Activities In The Congo, Roger-Claude Liwanga, Casondra Turner

Emory International Law Review

Over the last seven decades, there has been a proliferation of international tribunals. Yet, they have not received unanimous approval, raising questions about their legitimacy. A legitimate international tribunal is one whose authority to adjudicate international disputes is perceived as justified. Using the case study of the International Court of Justice (I.C.J.), this Article highlights the three criteria that should be considered in assessing the legitimacy of an international tribunal, which include legal, sociological, and moral elements. It also contends that the I.C.J. cannot claim “full” legitimacy if any of these components are missing in its decisions. The Article further …

How South Korea Can Improve Its Carbon Market: The Importance Of Economic Incentives And International Cooperation In The Fight Against Climate Change, Seo Jung Park

Emory International Law Review

It is well-recognized that global warming is indeed a problem. Hence, in order to address the problem, many countries in the world have implemented market-based approaches, one such approach being the cap-and-trade program. This Comment discusses cap-and-trade programs from several different countries – the United States, the European Union, China, India, and South Korea. In particular, this Comment analyzes how each country implements their cap-and-trade program. Furthermore, this Comment focuses on three major international agreements that have been created in recognition of the importance of international collaboration to fight against global warming. These agreements are the United Nations Framework Convention …

Should We Be Merciful To The Merciless—Mercy In Sentencing, Doron Menashe

Emory International Law Review

The aim of this Article is to present a normative argument for mercy as a legitimate consideration in judicial proceedings, defining it as a distinct and independent element not encompassed by normal concerns of justice, retribution and individuation of sentencing. The Article addresses two meanings of mercy in the judicial context, both of which have—in the view of the author—a rightful part in the process of judgment and sentencing. These are “mercy” in the weak sense, i.e., a deliberative state of mind which accompanies the judicial proceedings (“Lesser Mercy”), and “mercy” in the strong sense, i.e., the judicial prerogative of …

Why The United Kingdom Should Look To Switzerland's Immigration System To Protect The English Premier League After Brexit, Fraser Goodlad

Emory International Law Review

Global talent is crucial to the economic behemoth that is the English Premier League (EPL). Having left the European Union (EU), the United Kingdom (UK) and the EPL are at a crossroads. The UK could implement immigration laws that represent “openness,” or a more insular path to protect English soccer players. Switzerland provides an example of a state outside the EU that maintains an immigration system similar to that of the UK prior to Brexit. Russia provides an example of a state that has wholly different and far more distant relationship with the EU. To safeguard the EPL’s position as …

Hate Speech Laws And Blasphemy Laws: Parallels Show Problems With The U.N. Strategy And Plan Of Action On Hate Speech, Meghan Fischer

Emory International Law Review

In May 2019, the United Nations Secretary-General introduced the U.N. Strategy and Plan of Action on Hate Speech, an influential campaign that poses serious risks to religious and political minorities because its definition of hate speech parallels elements common to blasphemy laws. U.N. human rights entities have denounced blasphemy laws because they are vague, broad, and prone to arbitrary enforcement, enabling the authorities to use them to attack religious minorities, political opponents, and people who have minority viewpoints. Likewise, the Strategy and Plan of Action’s definition of hate speech is ambiguous and relies entirely on subjective interpretation, opening the door …

Climate Lawyers As Movement Lawyers (And Vice Versa), Carmen G. Gonzalez

Faculty Publications & Other Works

In April 2020, the American Society of International Law (ASIL) launched an initiative to foster conversations within and beyond ASIL on the connections between climate change and virtually all other areas of international law. This essay for the ASIL Proceedings is based on a presentation delivered at the April 2021 ASIL Annual Meeting.

The essay examines the link between climate change and racial subordination from the dawn of the fossil fuel-based world economy to the present and the complicity of international law in these converging injustices. It discusses the counterhegemonic uses of international law by environmental justice movements in the …

The Promise Of International Law: A Third World View, James T. Gathii

Faculty Publications & Other Works

No abstract provided.

Judicialization Of Election Disputes In Africa’S International Courts, James T. Gathii

Faculty Publications & Other Works

When elections are judicialized in Africa, national courts overwhelmingly legitimize incumbent electoral victories. When opposition candidates lose in high stakes presidential and gubernatorial elections, they seldom concede defeat with- out legal challenges. Claims of electoral irregularities, fraud, incompetence of electoral bodies, violence, and an unequal playing field, among other factors, transform these cases into highly contested mega-political disputes when they are judicialized.

Rather than creating new political equilibria, judicialization in national courts often results in the hegemonic preservation of incumbents. Though opposition politicians and political parties know this, they nonetheless resort to international courts in Africa, in part, because they …

Writing Race And Identity In A Global Context: What Crt And Twail Can Learn From Each Other, James T. Gathii

Faculty Publications & Other Works

This Article argues that issues of race and identity have so far been underemphasized, understudied, and undertheorized in mainstream international law. To address this major gap, this Article argues that there is an opportunity for learning, sharing, and collaboration between Critical Race Theorists (CRT) and scholars of Third World Approaches to International Law (TWAIL). Such a collaboration, this Article argues, would produce a very sharp lens of tracing issues of race and identity in the imperial, transnational, and global histories of international law and their contemporary continuities. By adopting a framework of studying race and identity in a global context, …

Studying Race In International Law Scholarship Using A Social Science Approach, James T. Gathii

Faculty Publications & Other Works

This Essay takes up Abebe, Chilton, and Ginsburg's invitation to use a social science approach to establish or ascertain some facts about international law scholarship in the United States. The specific research question that this Essay seeks to answer is to what extent scholarship has addressed international law's historical and continuing complicity in producing racial inequality and hierarchy, including slavery, as well as the subjugation and domination of the peoples of the First Nations. To answer this question, this Essay uses the content published in the American Journal of International Law (AJIL) from when it was first published in 1907 …

The Carbon Price Equivalent: A Metric For Comparing Climate Change Mitigation Efforts Across Jurisdictions, Gabriel Weil

Dickinson Law Review (2017-Present)

Climate change presents a global commons problem: Emissions reductions on the scale needed to meet global targets do not pass a domestic cost-benefit test in most countries. To give national governments ample incentive to pursue deep decarbonization, mutual interstate coercion will be necessary. Many proposed tools of coercive climate diplomacy would require a onedimensional metric for comparing the stringency of climate change mitigation policy packages across jurisdictions. This article proposes and defends such a metric: the carbon price equivalent. There is substantial variation in the set of climate change mitigation policy instruments implemented by different countries. Nonetheless, the consequences of …

Integrating Environmental Protection Into Asean Trading System, Kittinut Supsoontornkul

Dissertations & Theses

Integrating environmental protection into ASEAN trading system is pivotal for ensuring long-term economic development and environmental sustainability. Due to its resource-based economy, ASEAN's economic performance highly depends on the sustainable condition of the environment. The ASEAN approach prioritizing economic growth without environmental consideration leads to environmental degradation and economic loss. Many transboundary environmental problems in ASEAN result from unsustainable production methods aiming to maximize advantages in trade competition. There are growing international efforts in addressing production and process methods as a part of the sustainable development goal. Major trading partners of ASEAN increasingly employ unilateral environmental trade measures and environmental …

International Law Association's Guidelines On Intellectual Property And Private International Law ("Kyoto Guidelines"): Recognition And Enforcement, Pedro De Miguel Asensio, Marketa Trimble

Scholarly Works

This section of the the chapter "Recognition and Enforcement" of the International Law Association's Guidelines on Intellectual Property and Private International Law ("Kyoto Guidelines") establishes the conditions under which the effects of judgments rendered in a country may be extended to foreign jurisdictions. It seeks to favor international coordination and legal certainty by facilitating the cross-border recognition and enforcement of judgments relating to IP disputes. The Guidelines are based on a broad concept of judgment with restrictions concerning judgments not considered final under the law of the State of origin as well as certain provisional measures. The main provision of …

Climate Change's Free Rider Problem: Why We Must Relinquish Freedom To Become Free, Natalie M. Roy

William & Mary Environmental Law and Policy Review

Despite the increasing urgency of climate change, countries continue to struggle to cooperate on even modest solutions. Of international accords that are successfully ratified, agreed-upon commitments are mostly hortatory and vague, succeeding only in engendering a fragmented, voluntary compliance scheme. Unsurprisingly, decades of tepid climate action and procrastination have begotten a staggering emissions gap for the world to close by 2030—requiring a collective greenhouse gas reduction of about fifty percent to limit global warming to the 1.5°C benchmark. Yet, global greenhouse emissions have generally risen, not fallen in the last decade, with 2018 marking a record high despite pledges made …

Trade, Economy, And Work: A Shared Agenda For A Stronger Economic Future, Alvaro Santos, Christopher Wilson

Georgetown Law Faculty Publications and Other Works

The economies of the United States and Mexico have become inextricably linked. For both countries, the other is their top trading partner, with an annual value of $616.38 billion in 2019. Beyond cross-border trade, however, our global competitiveness is linked due to the depth of manufacturing integration. As a result, job creation and export growth are largely regional enterprises. Well over a billion dollars in commerce crosses the border each day, and the GDP of the six Mexican and four U.S. border states is larger than the GDP of all but the three largest countries in the world.

The new …

Front Matter, Volume 53

Case Western Reserve Journal of International Law

No abstract provided.

Foreword: American Society Of International Law's 10th Midyear Meeting, Michael P. Scharf, Bethany Gump Jones

Case Western Reserve Journal of International Law

No abstract provided.

Africanization And The Reform Of International Investment Law, Olabisi D. Akinkugbe

Case Western Reserve Journal of International Law

No abstract provided.

Interfacing Privacy And Trade, Mira Burri

Case Western Reserve Journal of International Law

No abstract provided.