Enterprise Group Restructuring: Dutch Options And United States Enforcement,
2021
St. John's University School of Law
Enterprise Group Restructuring: Dutch Options And United States Enforcement, G. Ray Warner, Michael Veder
Faculty Publications
On 1 January 2021 the Dutch Wet Homologatie Onderhands Akoord, also referred to as the Dutch scheme, entered into force. The Dutch scheme represents a robust restructuring framework that incorporates many of the main restructuring concepts from both the English scheme of arrangement and US chapter 11. It also adds a few new restructuring tools that will make it easier to restructure enterprise group debt by expressly providing that a restructuring plan may include the release of group guarantees and by adopting liberal jurisdictional rules that should permit proceedings to be opened in the Netherlands for all members of …
Human Rights Reporting As Human Rights Governance,
2021
St. John's University School of Law
Human Rights Reporting As Human Rights Governance, Margaret E. Mcguiness
Faculty Publications
Contrary to the view that the rejection of human rights treaty membership has left the United States outside the formal international human rights system, the United States has played a key role in international human rights governance through congressionally mandated human rights monitoring and reporting. Since the mid-1970s, congressional oversight of human rights diplomacy, which requires reporting on global human rights practices, has integrated international human rights law and norms into the execution of U.S. foreign policy. While the congressional human rights mandates have drifted from their original purpose to condition allocation of foreign aid, they have effectively embedded international …
Heaven Or Earth: The Hagia Sophia Re-Conversion, Turkish And International Law, And The Special Case Of Universal Religious Sites,
2021
New York Law School
Heaven Or Earth: The Hagia Sophia Re-Conversion, Turkish And International Law, And The Special Case Of Universal Religious Sites, Michael Goodyear
Articles & Chapters
The Hagia Sophia has stood as one of the greatest religious buildings in the world for nearly 1,500 years. During this time, the structure was a church and then a mosque, before finally becoming a museum in 1934. But in July 2020, the Turkish president, Recep Tayyip Erdoğan, re-converted the Hagia Sophia to a mosque following a ruling by the Turkish Council of State. The re-conversion was received with outrage across much of the world, but whether the decision was legal poses a much more difficult question.
This article analyzes Turkish domestic law and international law to conclude that there …
The U.S.-China Audit Oversight Dispute: Causes, Solutions, And Implications For Hong Kong,
2021
Southern Methodist University
The U.S.-China Audit Oversight Dispute: Causes, Solutions, And Implications For Hong Kong, Robin Hui Huang
The International Lawyer
No abstract provided.
The Use Of Mediation To Resolve Conflicts Arising From Cultural Appropriation By Western Fashion Brands,
2021
Benjamin N. Cardozo School of Law
The Use Of Mediation To Resolve Conflicts Arising From Cultural Appropriation By Western Fashion Brands, Faith Adongo
Cardozo Journal of Conflict Resolution
The Cambridge Dictionary defines cultural appropriation as "the act of taking or using things from a culture that is not your own, especially without showing that you understand or respect this culture." It is sometimes referred to as cultural misappropriation, and also defined as taking intellectual property, traditional knowledge, cultural expressions, or artifacts from a culture other than one's own, without permission. Supporters of cultural appropriation see it as the only realistic way of developing, spreading and integrating cultures, while critics see it as a means through which dominant cultures "borrow" from the cultures of minority groups.
Religious Roots Of Corporate Organization,
2021
Seattle University School of Law
Religious Roots Of Corporate Organization, Amanda Porterfield
Seattle University Law Review
Religion and corporate organization have developed side-by-side in Western culture, from antiquity to the present day. This Essay begins with the realignment of religion and secularity in seventeenth-century America, then looks to the religious antecedents of corporate organization in ancient Rome and medieval Europe, and then looks forward to the modern history of corporate organization. This Essay describes the long history behind the entanglement of business and religion in the United States today. It also shows how an understanding of both religion and business can be expanded by looking at the economic aspects of religion and the religious aspects of …
Investors As International Law Intermediaries: Using Shareholder Proposals To Enforce Human Rights,
2021
Seattle University School of Law
Investors As International Law Intermediaries: Using Shareholder Proposals To Enforce Human Rights, Kishanthi Parella
Seattle University Law Review
One of the biggest challenges with international law remains its enforcement. This challenge grows when it comes to enforcing international law norms against corporations and other business organizations. The United Nations Guiding Principles recognizes the “corporate responsibility to respect human rights,” which includes human rights due diligence practices that are adequate for “assessing actual and potential human rights impacts, integrating and acting upon the findings, tracking responses, and communicating how impacts are addressed.” Unfortunately, many corporations around the world are failing to implement adequate human rights due diligence practices in their supply chains. This inattention leads to significant harms for …
Rule Of Law And Human Rights: Strengthening Democratic Institutions Academy On Human Rights And Humanitarian Law Articles On Rule Of Law And Human Rights: Strengthening Democratic Institutions: Introduction,
2021
American University Washington College of Law
Rule Of Law And Human Rights: Strengthening Democratic Institutions Academy On Human Rights And Humanitarian Law Articles On Rule Of Law And Human Rights: Strengthening Democratic Institutions: Introduction, Claudia Martin, Diego Rodriguez-Pinzon
Scholarly Articles in Law Reviews & Journals
We are delighted to present this year's publication of the Academy on Human Rights and Humanitarian Law, which includes two of the best essays in English and in Spanish recognized in the 2020 Human Rights Essay Award competition. It is satisfying to think that this competition allowed a number of participants an opportunity to expound their thoughts on so many important topics and on so many areas of the world. We hope these participants are able to use their articles as mechanisms for change.
Lafarge's Case Cemented: Holding Corporations Liable For Crimes Against Humanity,
2021
Emory University School of Law
Lafarge's Case Cemented: Holding Corporations Liable For Crimes Against Humanity, Madeline Young
Emory International Law Review Recent Developments
The LaFarge case highlights two key issues: accountability of multinational actors operating in conflict areas for contributing financially to the commission of atrocities by terrorist groups or other entities; and the responsibility of parent companies for the illegal activities of their subsidiaries abroad. At present, the criminal case against LaFarge for complicity in crimes against humanity and other violations is before the French Supreme Court, with hearings continuing through 2021. In 2017, France introduced the first “duty of vigilance” law in Europe, which obligates companies to prevent human rights abuses in their supply chains worldwide, and requires them to pay …
Preserving The Environment By Serving The Notion Of Common Good: Toward A Responsible Investment,
2021
Emory University School of Law
Preserving The Environment By Serving The Notion Of Common Good: Toward A Responsible Investment, Matin Pedram
Emory International Law Review Recent Developments
Our lives on the planet constitute a bigger image defining the relationship with the environment. Hence, it is worth talking about the common good of people worldwide. In this sense, we envisage a borderless good or better to say a shared good that is the environment, and individuals’ activities can be interpreted by their impacts on it. Environmental protection is a hot topic and states have put their efforts to minimize humans’ footprints by introducing regulations and measures because lack of comprehensive measures leads to regulative imbalances among communities. Less-developed communities (LDCs) intend to attract multinational corporations to invest in …
Cross-Border E-Discovery: Production Of Esi From Chinese Entities,
2021
Emory University School of Law
Cross-Border E-Discovery: Production Of Esi From Chinese Entities, Julie Sher
Emory International Law Review Recent Developments
This Essay proposes a new approach to E-Discovery disputes in U.S.-China litigation. More specifically, it proposes a guide on best steps to take to resolve E-Discovery disputes in U.S. courts involving Chinese entities in general and Chinese banking and financial entities in particular. This Essay asserts that U.S. litigants should be required to attempt exchange of documents via the Hague Evidence Convention first. Additionally, the Aerospatiale Test should be expanded to include the Restatement Third International Comity Balancing Test. Using these steps and sources of law, U.S. courts will be able to resolve these discovery disputes much more efficiently and …
Prosecuting Crimes Against Culture: The Contributions Of The Al-Mahdi And Ntaganda Cases To The Icc Approach To Cultural Property Protections,
2021
Emory University School of Law
Prosecuting Crimes Against Culture: The Contributions Of The Al-Mahdi And Ntaganda Cases To The Icc Approach To Cultural Property Protections, Samira Mathias
Emory International Law Review Recent Developments
Across the world, cultural property has come under heavy fire in the midst of war. The proliferation of attacks against cultural property in armed conflicts around the world has underlined the need for effective protections for such property. If the International Criminal Court finds a way to extend jurisdiction to offences in these territories, Articles 8(2)(b)(ix) and 8(2)(e)(iv) of the Rome Statute will become the most important tools of prosecution. But the statute itself, while aiming at ending impunity, is bound by the pillars of criminal justice—lex praevia, lex certa, lex stricta, and lex scripta. This Article examines the Al …
Automation And The International Human Right To Work,
2021
Emory University School of Law
Automation And The International Human Right To Work, Martin Kwan
Emory International Law Review Recent Developments
Automation continues to result in significant structural changes to the nature of work as computers, robots, or Artificial Intelligence (AI) are performing an increasing number of jobs. These technologies have elevated the possibilities for human prosperity and innovation, but job loss, privacy infringements, and the increasing agency of robotic systems are all acknowledged risks. These concerns are not new. In 1948, when delegates from 48 countries came together to sign the Universal Declaration of Human Rights (UDHR), they sought to capture in words what a “good human life” meant, which included the "right to work." Human rights instruments, like the …
The Interpretation Of International Investment Treaties: The Application Of Mfn Clauses To Matters Of Dispute Settlement In Bits,
2021
The American University in Cairo AUC
The Interpretation Of International Investment Treaties: The Application Of Mfn Clauses To Matters Of Dispute Settlement In Bits, Amr Mostafa Aabed Abdo
Theses and Dissertations
The decisions of the arbitral tribunals have been under heavy attack for the inconsistent and unintended interpretations that went beyond the intent of the parties as it is expressed in the treaty provisions. One of these misinterpreted provisions is the MFN clause. Many tribunals have used this clause to allocate the adjudicatory authority between international arbitration and domestic courts. The problem of this application is a matter of treaty interpretation that is governed by the international rules of interpretation in the VCLT. These rules provide a balance approach to treaty interpretation and recognize equally the legitimate rights and interests of …
Table Of Contents - Cardozo International & Comparative Law Review, Vol. 4, Iss. 2,
2021
Yeshiva University, Cardozo School of Law
Table Of Contents - Cardozo International & Comparative Law Review, Vol. 4, Iss. 2
Cardozo International & Comparative Law Review
No abstract provided.
The Assassin Was Not Insane: The Acquittal Of The Assassin Of A Genocide's Architect As Symbolic Jury Nullification,
2021
Yeshiva University, Cardozo School of Law
The Assassin Was Not Insane: The Acquittal Of The Assassin Of A Genocide's Architect As Symbolic Jury Nullification, Christian G. Ohanian
Cardozo International & Comparative Law Review
The acquittal of Soghomon Tehlirian for assassinating Talaat Pasha, a key architect of the Armenian Genocide, represents a significant instance of symbolic jury nullification. This verdict symbolically addressed the moral and legal failure to hold Talaat Pasha accountable, influencing the development of international human rights law and figures like Raphael Lemkin.
Social Rights And The Welfare State: A Necessary Relation,
2021
Autonomous University of Tlaxcala, Mexico
Social Rights And The Welfare State: A Necessary Relation, Mario Santiago Juarez
Cardozo International & Comparative Law Review
The article argues that the welfare state is indispensable for fulfilling social rights, emphasizing that mere recognition of these rights is insufficient without robust state commitment to public policies and systems. It traces the historical development of social rights from the industrial revolution to modern times, highlighting the role of key reforms and international frameworks. The analysis critiques the limitations of judicial enforcement and advocates for structural policies, such as progressive taxation and full employment, to ensure equitable access to essential services like education, healthcare, and housing.
Learning From Experience: Comparing Legal Approaches To Foreign Bribery And Modern Slavery,
2021
Yeshiva University, Cardozo School of Law
Learning From Experience: Comparing Legal Approaches To Foreign Bribery And Modern Slavery, Hannah Harris, Justine Nolan
Cardozo International & Comparative Law Review
The article examines two distinct regulatory frameworks addressing global corruption and human rights issues: the criminal law approach to foreign bribery and the disclosure-based approach to modern slavery in supply chains. It argues that while the foreign bribery framework, exemplified by laws like the FCPA and the UK Bribery Act, relies on strict criminal liability, the modern slavery framework, as seen in laws like the Australian and UK Modern Slavery Acts, focuses on disclosure with limited enforcement mechanisms. The article proposes integrating elements of experimental governance, such as penalty defaults and stakeholder collaboration, to enhance the effectiveness of both frameworks …
The Recent Changes Introduced To The Method Of Removal Of Judges Of The Supreme Court Of Bangladesh & The Consequent Triumph Of An All-Powerful Executive Over The Judiciary: Judicial Independence In Peril,
2021
Thomas More Law School
The Recent Changes Introduced To The Method Of Removal Of Judges Of The Supreme Court Of Bangladesh & The Consequent Triumph Of An All-Powerful Executive Over The Judiciary: Judicial Independence In Peril, M. Ehteshamul Bari
Cardozo International & Comparative Law Review
Nothing contributes more to the firmness and independence of the judiciary as permanency in office, as it enables judges to decide cases, regardless of whether their decisions please the executive or the legislature. The Constitution of Bangladesh, 1972, originally empowered the Parliament to remove judges of the Supreme Court only on the grounds of proved misbehavior or incapacity. However, the Constitution (Fourth Amendment) Act, 1975, which replaced parliamentary democracy with a presidential form of government, empowered the President to remove the judges of the Supreme Court in accordance with his own will. But two years later in April 1977, the …
Human Rights Realism,
2021
Vanderbilt University Law School
Human Rights Realism, Natalie R. Davidson
Vanderbilt Journal of Transnational Law
In the aftermath of gross human rights abuses, when, if at all, should we forego legal accountability? Human rights scholars debated this question in the 1980s and 1990s, in what was referred to as the "peace versus justice" debate. The "justice" side won the day among human rights advocates, among whom the dominant position is that legal accountability is a necessary response to atrocity and cannot be limited by political considerations (a position this Article terms "human rights absolutism'). However, this question has resurfaced in the twenty-first century, in intense debates with interlocutors outside the field of human rights. Faced …
