International Law Commons^™

Disaggregating The Two Prongs Of Article 13(B) Of The Hague Convention To Cover Unsafe And Unstable Situations, Lauren Cleary

Fordham Law Review

The Hague Convention on the Civil Aspects of International Child Abduction (the “Convention”) is a treaty designed to coordinate a uniform response to international child abductions. It establishes a civil remedy for a left-behind parent seeking the return of his or her child after the child has been wrongfully removed to or retained in another state that is also a party to the Convention. The Convention requires the courts of a signatory state to order the prompt return of a wrongfully removed or retained child to his or her state of habitual residence unless the responding party can prove that …

Detention Of Asylum-Seekers: Comparison Of The Asylum And Detention Practices In United States And Sweden, Yuliia Pohorilets

International Studies (MA) Theses

Refugees are both an urgent humanitarian issue and the subject of much political debate in the U.S. and Europe. This research paper compares and contrasts the asylum process in US and Sweden. It analyzes the similarities and differences in their refugee policies and how asylumseeker rights are undermined or supported in the detention centers. The research discusses the historical origin of the contemporary asylum/immigration policies, international standards on detention, their implication, and key contemporary policy trends in US and Sweden. The selection of US and Sweden was not random. Both countries are highly influential in different ways in shaping global …

Tax Treaties, The Constitution, And The Noncompulsory Payment Rule, Reuven S. Avi-Yonah

Articles

US Tax treaties have been regarded as self-executing since the first treaty (with France) was ratified in 1932. Rebecca Kysar has argued this raises a doubt on whether the treaties are constitutional, because tax treaties (like other treaties) are negotiated by the executive branch and ratified by the Senate with no involvement by the House, and all tax-raising measures must originate in the House under the Origination Clause (U.S. Const. Art I, section 7, clause 7). Her preferred solution is to make tax treaties non-self executing, but that would reverse the universal practice since 1932, and is therefore unlikely. Moreover, …

Why Should We Care About International Law?, Monica Hakimi

Michigan Law Review

Review of Harold Hongju Koh's The Trump Administration and International Law.

Applying International Law To The Regulation Of Media Incited Genocide: Rwanda And Myanmar, Savannah Whittemore

Honors Theses

The goal of this thesis is to demonstrate the connection between word and action in relation to the media incited genocide. By employing the operational definitions of intent, incitement, genocide, and hate speech from legal texts such as the Genocide Convention and the International Covenant on Civil and Political Rights, this thesis shows that there is suitable jurisprudence on the crime of direct and public incitement to genocide with the legal bodies statute mirrors the language of the Genocide Convention. This in conjunction with the language gradient on the changing role of messages before and during genocide shows that regulation …

Socio-Economic Well-Being Of International F-1 Students Living And Working In The United States, Elena K. Taborda

Graduate Doctoral Dissertations

According to United States law, international F-1 students are nonimmigrant aliens residing in the United States temporarily. Yet, they are more than just short-term visitors, as many of them live in the country for years while pursuing their postsecondary studies. Since international students are foreign citizens, their rights and freedoms are bound by the constraints of the country’s immigration policies. This study is concerned with work-related restrictions imposed on F-1 students by the U.S. government, positioning international students’ limited opportunities for employment as being in violation with their basic human right to economic and social development.

This multi-method project drew …

Missing In Action: The International Crime Of The Slave Trade, Patricia Viseur Sellers, Jocelyn Getgen Kestenbaum

Articles

The slave trade prohibition is among the first recognized and least prosecuted international crimes. Deftly codified in, inter alia, the 1926 Slavery Convention, the 1956 Supplementary Convention, Additional Protocol II to the Geneva Conventions (AP II), the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, the norm against the slave trade — the precursor to slavery — stands as a peremptory norm, a crime under customary international law, a humanitarian law prohibition and a non-derogable human right. Acts of the slave trade remain prevalent in armed conflicts, including those committed under the Islamic State …

The Heterogeneous Of State And State Governance: Case Of Indonesian Irregular Migrants In The Netherlands, Yasmine Soraya

Indonesian Journal of International Law

The main issues of Indonesian migrant workers mostly lies on pre-departure phase, especially related to the issuance of travel document. They manipulate their data for passport application. From the bigger picture, this occurs because the high rate | of corruption within the immigration office. However, the immigration department is not solely responsible for this problem, but also with BNP2TKI (National Body for the Placement and Protection of Indonesian Overseas Wor- kers) and the Ministry of Manpower as they responsible for issuing regulations and procedures for migrant worker. Additionaly, the Department of Foreign affairs, which accommodates and oversees all Indonesian embassies …

A Critique Towards Australian Work And Holiday Visa Subclass 462: Where Does It Leave Indonesian Citizen?, Yetty Komalasari Dewi, Wenny Setiawati [email protected]

Indonesian Journal of International Law

Work and Holiday Visa (WHV) is one of the product outcomes from the agreement that Australia engaged with state partners. Initially, this visa aims for cultural exchange and then shifted to supply the needs of Australian industry. In essence, this visa granted the holder one year to spend time in Australia consisting of six months for working and six months for travelling. However, in its application, there are mistreatments on the WHV holder, and there is no sufficient labour protection towards the worker. This paper examines the position of WHV holder in Australia, protection for the worker, and the view …

International And Foreign Legal Research Resources At The Law Library Of Congress, Mark E. Wojcik

Pace International Law Review

The material that follows summarizes the proceedings held in January 2020 at the Annual Meeting of the Association of American Law Schools (AALS). The panel on “International and Foreign Legal Research Resources at the Law Library of Congress” was organized by the AALS Section on International Law and co-sponsored by the AALS Section on Comparative Law. The moderator was Professor Mark E. Wojcik of the UIC John Marshall Law School, the immediate past Chair of the ABA Standing Committee on the Law Library of Congress and 2020-21 Chair of the AALS Section on International Law. Also serving as moderator was …

Forgetting The Right To Be Forgotten: The Everlasting Negative Implications Of A Right To Be Dereferenced On Global Freedom In The Wake Of Google V. Cnil, Hunter Criscione

Pace International Law Review

The internet is the center of global communication, culture, and education. As of January 2019, Western Europe is second only to North America and Northern Europe in internet penetration (a statistic that measures the availability of internet in a given geographical place), with data reporting that 94 percent of Western Europeans have access to the internet. The same study reported that 50 percent of the global population now has internet access, which is a staggering 49.5 percent increase from the recorded estimate in 1990 of just half a percent. From the development of the first computer, to the role of …

Australia’S Tobacco Plain Packaging Law: An Analysis Of The Trips Article 20 Challenge At The Wto, Cheryl Kirschner

Pace International Law Review

Australia’s Tobacco Plain Packaging Act 2011 (TPP) and corresponding regulations specify that tobacco products be packaged in a particular size box and be made of certain material. No trademark other than the brand’s name may be printed, and font, letter size, color, and other packaging aspects are specified with particularity. These measures recently withstood a contentious dispute settlement request submitted on multiple grounds by four World Trade Organization (WTO) Member countries. What does the WTO’s Panel Report in this case tell us about the extent to which a country can take measures to advance its public health initiatives without violating …

The Language Of International Human Rights Law As A Foundation For The Prevention, And Peaceful Resolution Of Ethnic, And Political Conflicts In Bolivia, Yuri Mantilla

Pace International Law Review

Since the Spanish conquest of the New World, the systematic dehumanization of indigenous communities has been part of a culture of economic exploitation and ethnic discrimination against indigenous peoples such as the Aymara, Quechua, and Guarani. In Bolivia, indigenous people successfully resisted the efforts to undermine their cultural identities. As a result, Bolivia is one of the most indigenous countries in the world and its indigenous cultures are one of its greatest assets. Despite this reality, indigenous people have been marginalized and discriminated against in a country that has embraced ethnic stereotypes regarding the supposed “superiority” of people of Spanish …

Concluding Rejoinder: The Art Of International Law And Altruism Of International Lawyers, Mary Ellen O'Connell

NDLS in the News

In the introductory essay, I sought to apply The Art of Law in the International Community as a response not only to military force and other ills but to the COVID-19 pandemic. Four colleagues have contributed on how they believe the book works and could work better. They have done so at a time of extraordinary challenge and in a spirit of generosity toward the goal we all seek, the flourishing of the created world.

To Protect Freedom Of Expression, Why Not Steal Victory From The Jaws Of Defeat?, Evelyn Mary Aswad

Washington and Lee Law Review

Global social media platforms are grappling with whether to align their corporate speech codes with international human rights law. Facebook’s June 2019 report that summarized worldwide feedback about its proposed independent oversight board for content moderation noted a split in stakeholder opinions on this topic. The UN’s top expert on freedom of expression as well as many civil society members recommended that Facebook anchor its content moderation in the international human rights law regime. Others expressed concern that this legal regime would not be sufficiently protective of speech and contained inconsistencies that create problems for content moderation.

Those concerns were …

Compelling Parties To Mediate Investor-State Disputes: No Pressure, No Diamonds?, James M. Claxton

Pepperdine Dispute Resolution Law Journal

There was nothing preordained about arbitration becoming shorthand for investor-state dispute settlement. The ICSID system was built on the assumption that disputing parties would choose conciliation to settle their disputes. Those expectations went unrealized as arbitration rose to prominence, and since that time institutions, parties, and academics have observed that facilitated negotiation could play a greater role in resolving investor-state disputes. A number of domestic court systems have made mediation part of the fabric of dispute resolution through incentives and compulsions to mediate. Drawing on this experience, this manuscript considers how obstacles to the uptake of investor-state mediation might be …

Circuit Board Jurisdiction: Electronic Payments And The Presumption Against Extraterritoriality, Samuel L. Hatcher

Georgia Journal of International & Comparative Law

No abstract provided.

Between Hope And Critique: Human Rights, Social Justice And Re-Imagining International Law From The Bottom Up, Lorenzo Cotula

Georgia Journal of International & Comparative Law

No abstract provided.

Threats To The Rule Of Law In Africa, John Mukum Mbaku

Georgia Journal of International & Comparative Law

No abstract provided.

Foreword

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.