Mechanisms For Consultation And Free, Prior And Informed Consent In The Negotiation Of Investment Contracts,
2020
Columbia Center on Sustainable Investment
Mechanisms For Consultation And Free, Prior And Informed Consent In The Negotiation Of Investment Contracts, Sam Szoke-Burke, Kaitlin Cordes
Northwestern Journal of International Law & Business
Investor-state contracts are regularly used in low- and middle-income countries to grant concessions for land-based and natural resource investments, such as agricultural, extractive industry, forestry, or renewable energy projects. These contracts are rarely negotiated in the presence of, or with meaningful input from, the people who risk being adversely affected by the project. This practice will usually risk violating requirements for meaningful consultation, and, where applicable, free, prior and informed consent (FPIC), and is particularly concerning when the investor-state contract gives the investor company rights to lands or resources over which local communities have legitimate claims.
This article explores how …
The Restatements And The Rule Of Law,
2020
University of Michigan Law School
The Restatements And The Rule Of Law, Kristina Daugirdas
Book Chapters
This chapter explores the promotion of the rule of law. In drafting and publishing Restatements of Foreign Relations Law, both the American Law Institute and the reporters have understood the projects as contributing to the rule of law at the international level, at the domestic level, or both. There are at least three distinct ways that these Restatements might promote the rule of law. First, they might do so by clarifying the content of the law. Second, the Restatements might contribute to the development of new legal rules, specifically to the evolution and consolidation of customary international law. Finally, the …
The Protection Of Unaccompanied Migrant Minors Under International Human Rights Law: Revisiting Old Concepts And Confronting New Challenges In Modern Migrant Flows,
2020
Deloitte Legal Greece
The Protection Of Unaccompanied Migrant Minors Under International Human Rights Law: Revisiting Old Concepts And Confronting New Challenges In Modern Migrant Flows, Eirini Papoutsi
American University International Law Review
No abstract provided.
Has President Trump Committed A War Crime By Pardoning War Criminals?,
2020
American University Washington College of Law
Has President Trump Committed A War Crime By Pardoning War Criminals?, Stuart Ford
American University International Law Review
No abstract provided.
The Cost Of Ensuring Privacy: How The General Data Protection Regulation Acts As A Barrier To Trade In Violation Of Articles Xvi And Xvii Of The General Agreement On Trade In Services,
2020
American University Washington College of Law
The Cost Of Ensuring Privacy: How The General Data Protection Regulation Acts As A Barrier To Trade In Violation Of Articles Xvi And Xvii Of The General Agreement On Trade In Services, Elisabeth Meddin
American University International Law Review
No abstract provided.
International Financial Institutions And Their Human Rights Silent Agenda: A Forward-Looking View On The “Protect, Respect And Remedy” Model In Development Finance,
2020
American University Washington College of Law
International Financial Institutions And Their Human Rights Silent Agenda: A Forward-Looking View On The “Protect, Respect And Remedy” Model In Development Finance, Antonio Morelli
American University International Law Review
No abstract provided.
From The Editor,
2020
UC Law SF
From The Editor, Anushri Mehta
UC Law SF International Law Review
No abstract provided.
Reinvigorating The Human Right To Technology,
2020
University of Hong Kong Faculty of Law
Reinvigorating The Human Right To Technology, Haochen Sun
Michigan Journal of International Law
The right to technology is a forgotten human right. Dating back to 1948, the right was established by the Universal Declaration of Human Rights (“UDHR”) in response to the massive destruction wrought by technologically advanced weapons in the Second World War. This human right embodies one of the most profound lessons the framers of the UDHR learned from this war: Technology must benefit humanity rather than harm it.
It has been more than seventy years since the adoption of the UDHR, and technology has advanced at a rapid pace and become more important than ever in our daily lives. Yet …
The Need For Thailand To Accede To Conventions On Statelessness,
2020
Indiana University Maurer School of Law
The Need For Thailand To Accede To Conventions On Statelessness, Pattranan Ruamsuk
Maurer Theses and Dissertations
‘Statelessness’ is a global phenomenon that refers to the lack of nationality of an individual. Although the issue of statelessness can be understood as the lack of nationality or the protections based on nationality, the solutions can be complicated because they interfere with the sovereign power of the state. Thailand is home to one of the largest stateless populations in the world. It has been working on solving the problem of statelessness with the help of international organizations, such as the United Nations and the Adventists Development and Relief Agency. However, despite the positive developments in Thailand, there are still …
State Liability For A Mishandled Response: Strategic Remedies On The Heels Of Covid-19,
2020
Marquette University Law School
State Liability For A Mishandled Response: Strategic Remedies On The Heels Of Covid-19, Captain Matthew H. Ormsbee Usaf
Marquette Law Review
In early 2020, as the novel coronavirus (COVID-19) shocked many health experts and world leaders with its ease of transmission and slow but unyielding spread from Wuhan, China, the initial state response centered on how to contain an epidemic and help those who are infected. Many months later, as some states enjoy a flattened curve following austere social distancing measures, many states may turn their attention from health response to legal response for China’s initial mishandling of the COVID-19 outbreak. China is certainly not alone in implementing containment measures that were not maximally prompt or effective. Still, China occupies a …
In Memory Of Professor James E. Bond,
2020
Seattle University School of Law
In Memory Of Professor James E. Bond, Janet Ainsworth
Seattle University Law Review
Janet Ainsworth, Professor of Law at Seattle University School of Law: In Memory of Professor James E. Bond.
Bigtech, Stabletech, And Libra Coin - New Dawn, New Challenges, New Solutions,
2020
Southern Methodist University
Bigtech, Stabletech, And Libra Coin - New Dawn, New Challenges, New Solutions, G. A. Walker
The International Lawyer
No abstract provided.
Ranking For Good?: A Comparative Assessment Of The Performance Of French Corporations In Human Rights Rankings,
2020
Southern Methodist University
Ranking For Good?: A Comparative Assessment Of The Performance Of French Corporations In Human Rights Rankings
The International Lawyer
In recent years, greater attention has been given to developing metrics that measure more than a country’s gross domestic product (GDP). Similarly, greater consideration has been given to more than just the financial performance of commercial enterprises; corporations are now expected to conduct business in ways that are responsible and sustainable, giving attention to a triple bottom line where the planet and people are prioritized along with profits. Taking French government policy and the performance of French multinational corporations as a case in point, this article explores the ways in which emerging indicators and instruments on business and human rights …
The Morals Of The Women On Boards Story: Global Board Gender Diversity Efforts Still Need Fairness-Based Arguments To Move Regulation To The Next Chapter,
2020
Southern Methodist University
The Morals Of The Women On Boards Story: Global Board Gender Diversity Efforts Still Need Fairness-Based Arguments To Move Regulation To The Next Chapter
The International Lawyer
The number of women on boards of public companies in the United States and Canada is still staggeringly low despite the fact that both of these jurisdictions have implemented disclosure-based regulation relating to board diversity. Typically, arguments in support of regulation aimed at increasing women's participation on public boards fall into two categories: the business case and the fairness-based (or normative) case. The business case is essentially the idea that women bring some instrumental benefit to the board which leads to improvements in firm functioning or performance overall. While politically attractive, the business case for justifying regulation has yet to …
Sovereign Exception No More: The Impact Of Israel's Potential Annexation Of The Jordan River Valley On Israel's Obligations Under The International Covenant On Civil And Political Rights,
2020
American University Washington College of Law
Sovereign Exception No More: The Impact Of Israel's Potential Annexation Of The Jordan River Valley On Israel's Obligations Under The International Covenant On Civil And Political Rights, Dana Busgang
American University Law Review
On July 1, 2020, the international community released a collective breath as embattled Israeli Prime Minister Benjamin Netanyahu announced a temporary halt to his election promise to formally annex (or, in his words, apply sovereignty to) the occupied Jordan River Valley. Just forty-three days later, a victorious Netanyahu announced that as part of a peace accord with the United Arab Emirates, he agreed to drop his annexation plans. While Israel’s flirtation with official annexation appears to be over for the moment, the momentum gained over the last two years is unlikely to disappear. Further, many, including Palestinians, argue that Israel’s …
The Urbanization Of International Law And International Relations: The Rising Soft Power Of Cities In Global Governance,
2020
Georgetown Global Cities Initiative
The Urbanization Of International Law And International Relations: The Rising Soft Power Of Cities In Global Governance, Chrystie Swiney
Michigan Journal of International Law
This article examines the rising influence of cities in global governance and on international law, despite the existing international legal and political framework, which is designed to exclude them. It explores the various strategies and tools utilized by city leaders to leapfrog over their national counterparts in order to autonomously access the international policymaking and law-making world. These include (1) coalescing together to form large networks, which engage in city or “glocal” diplomacy; (2) allying with well-connected and well-resourced international organizations; (3) gaining inclusion in UN multilateral agendas; (4) mirroring state-based coalitions and their high-profile events; (5) harnessing the language …
The Possibility Of Prosecuting Corporations For Climate Crimes Before The International Criminal Court: All Roads Lead To The Rome Statute?,
2020
Hebrew University of Jerusalem
The Possibility Of Prosecuting Corporations For Climate Crimes Before The International Criminal Court: All Roads Lead To The Rome Statute?, Donna Minha
Michigan Journal of International Law
Due to rapid developments in climate science, scientists are now able to quantifiably link significant greenhouse gas emissions caused by major oil and gas corporations to specific climate impacts. These scientific advances have been accompanied by the publication of documents and studies suggesting that the oil and gas industry allegedly had knowledge of climate change as early as sixty years ago, and yet it actively worked to promote climate change denial and to delay governmental regulation on this matter. Though climate-related litigation is proceeding against the industry in different jurisdictions, proceedings brought against oil and gas corporations mainly focus on …
Curbing (Or Not) Foreign Influence On U.S. Politics And Policies Through The Federal Taxation Of Charities,
2020
University of Maryland Francis King Carey School of Law
Curbing (Or Not) Foreign Influence On U.S. Politics And Policies Through The Federal Taxation Of Charities, Johnny Rex Buckles
Maryland Law Review
No abstract provided.
Table Of Contents,
2020
Loyola University Chicago, School of Law
Table Of Contents, Loyola University Chicago International Law Review
Loyola University Chicago International Law Review
No abstract provided.
The Space Between Grand Optimism And Grim Determination: Finding A Pathway Forward In International Climate Change Law,
2020
Loyola University Chicago, School of Law
The Space Between Grand Optimism And Grim Determination: Finding A Pathway Forward In International Climate Change Law, Cinnamon P. Carlane
Loyola University Chicago International Law Review
No abstract provided.
