Bridging The Enforcement Gap? Evaluating The Inquiry Procedure Of The Cedaw Optional Protocol,
2019
Ulster University, Northern Ireland
Bridging The Enforcement Gap? Evaluating The Inquiry Procedure Of The Cedaw Optional Protocol, Catherine O'Rourke
American University Journal of Gender, Social Policy & the Law
Considerable optimism accompanied the adoption of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) Optional Protocol. However, one of the Optional Protocol’s two enforcement measures, the inquiry procedure, appeared to languish for fourteen years and has, to date, resulted in only four inquiry reports. The article evaluates the inquiry procedure, finding largely unmet expectations in addressing CEDAW’s structural weaknesses, countering the privileging of civil and political rights, and redressing state noncompliance with CEDAW, but significant potential nonetheless. The findings of this Article vindicate the enduring salience of foundational feminist critiques of human rights. The Conclusion …
The Trump Administration And Immigration Judges: Decreased Judicial Independence Or Increased Efficiency?,
2019
Case Western Reserve University School of Law
The Trump Administration And Immigration Judges: Decreased Judicial Independence Or Increased Efficiency?, Aleksandar Cuic
Case Western Reserve Journal of International Law
Through the Attorney General, the Trump administration has changed asylum and immigration policies in several ways. In 2018, former-Attorney General Sessions used his referral power to overturn an immigration court's determination that victims of domestic violence are eligible for asylum as members of a "particular social group. " In the same year, the Attorney General issued a decision that prohibits immigration judges from administratively closing cases. Lastly, then-acting Attorney General Whitaker certified a case that raised a question as to whether membership in a family is a "particular social group" under asylum law. This article explores a question raised by …
When The Icc Comes Knocking, The United States Should Welcome It With Open Arms,
2019
University of Washington School of Law
When The Icc Comes Knocking, The United States Should Welcome It With Open Arms, Brittney A. Dimond
Washington International Law Journal
The Office of the Prosecutor of the International Criminal Court requested approval to open a formal investigation into war crimes and crimes against humanity allegedly committed in Afghanistan since May 2003. If the investigation is approved, the United States will have significant implications not only for relations going forward between the United States and the ICC, but also for the international communities' understanding of the Court's jurisdiction.Three of the United States' likely response options based on its past and current relationshipo with the ICC include: (1) declining to cooperate with the ICC based on a denial of jurisdiction due to …
Recasting Intellectual Property In Light Of The U.N. Sustainable Development Goals: Toward Global Knowledge Governance,
2019
American University Washington College of Law
Recasting Intellectual Property In Light Of The U.N. Sustainable Development Goals: Toward Global Knowledge Governance, Margaret Chon
American University International Law Review
No abstract provided.
University Of Baltimore Journal Of International Law, Volume 6, Issue 2 (2018-19) Front Matter,
2019
University of Baltimore Law
University Of Baltimore Journal Of International Law, Volume 6, Issue 2 (2018-19) Front Matter
University of Baltimore Journal of International Law
No abstract provided.
Extraterritoriality And The Regulatory Power Of The United States: Featured Issues Of Sovereignty, Legitimacy, Accountability, And Democracy,
2019
University of Baltimore Law
Extraterritoriality And The Regulatory Power Of The United States: Featured Issues Of Sovereignty, Legitimacy, Accountability, And Democracy, Alina Veneziano
University of Baltimore Journal of International Law
Extraterritoriality is a negative form of transnationalism. It creates a paradox among state regulatory power because extraterritoriality can both govern the conduct of the state and also constrain the state in reacting to future transnational changes. In governing the state, extraterritoriality provides the state with the power to impose standards to control the activities within its borders. On the other hand, extraterritorialty constrains the state by hindering multi-state progression towards more efficient transnational developments. States have traditionally captured their autonomy in sovereignty, but extraterritorialty challenges this notion. This was an inevitable result, as extraterritoriality became a natural consequence that resulted …
Commission V. Belgium: Belgium's Tax Law Prevents Free Movement Of Capital,
2019
Southern Methodist University, Dedman School of Law
Commission V. Belgium: Belgium's Tax Law Prevents Free Movement Of Capital, John Gramlich
The International Lawyer
No abstract provided.
Intersexuales En Estado De Excepción: Violencias Contra Las Corporeidades Diversas,
2019
American University Washington College of Law
Intersexuales En Estado De Excepción: Violencias Contra Las Corporeidades Diversas, Olga Lucia Camacho
American University International Law Review
No abstract provided.
Five Unanswered Questions From Trump V. Hawaii,
2019
Case Western Reserve University School of Law
Five Unanswered Questions From Trump V. Hawaii, Josh Blackman
Case Western Reserve Journal of International Law
This article addresses five topics left unanswered by the majority opinion in Trump v. Hawaii, which upheld President Trump's travel ban in its entirety. What will happen on remand with respect to discovery? How should lower courts treat "this President, " as opposed to "the President "? How does the Constitution apply to aliens who are not seeking entry into the United States but have already crossed the border? What is the scope of the president's Article II power to exclude aliens? And, what is the permissible scope of a nationwide injunction?
Regulatory Cooperation And The Trump Administration,
2019
Case Western Reserve University School of Law
Regulatory Cooperation And The Trump Administration, David Zaring
Case Western Reserve Journal of International Law
regulatory cooperation, regulatory harmonization, administrative law
Lisbon's Legacy: Increased Democratic Accountability And Centralized Governance In Eu International Investment Policy,
2019
Southern Methodist University
Lisbon's Legacy: Increased Democratic Accountability And Centralized Governance In Eu International Investment Policy, Julia Johnson
The International Lawyer
No abstract provided.
Use Of Force In Humanitarian Crises: Addressing The Limitations Of U.N. Security Council Authorization,
2019
American University Washington College of Law
Use Of Force In Humanitarian Crises: Addressing The Limitations Of U.N. Security Council Authorization, Paul Williams, Sophie Pearlman
Scholarly Articles in Law Reviews & Journals
The original 2001 United Nations (UN) codification of the Responsibility to Protect (R2P) granted the UN Security Council exclusive control over authorizing use of force in sovereign states. Unfortunately, as demonstrated over the past 20 years, the need for humanitarian intervention has not changed and the use of force in the name of humanitarian intervention has not always occurred even when the need for such intervention was dire. When the UN Security Council is deadlocked, and a humanitarian crisis is at hand, it is necessary to have a means of using low-intensity military force to prevent mass atrocity crimes. In …
Talking Foreign Policy: Responding To Rogue States,
2019
American University Washington College of Law
Talking Foreign Policy: Responding To Rogue States, Paul Williams, Todd F. Buchwald, James Johnson, Michael P. Scharf, Milena Sterio
Scholarly Articles in Law Reviews & Journals
No abstract provided.
Multilateral Development Banks, Their Member States And Public Accountability: A Proposal,
2019
American University Washington College of Law
Multilateral Development Banks, Their Member States And Public Accountability: A Proposal, Daniel D. Bradlow
Scholarly Articles in Law Reviews & Journals
More than 25 years ago the multilateral development banks (MDBs) began establishing independent accountability mechanisms (IAMs), such as the World Bank’s Inspection Panel, to address concerns about MDB accountability to those communities and groups who were harmed by their decisions and actions. This essay argues that these mechanisms need updating. In the interests of promoting new and creative thinking about these mechanisms, it makes an ambitious two-part proposal designed to improve the efficacy of the IAMs, while also respecting the sovereignty of their member states and protecting an appropriate level of immunity for the MDBs. First, the MDBs should jointly …
From Paris To Projects Clarifying The Implications Of Canada’S Climate Change Mitigation Commitments For The Planning And Assessment Of Projects And Strategic Undertakings (Summary Report),
2019
School of Environment, Resources and Sustainability, University of Waterloo
From Paris To Projects Clarifying The Implications Of Canada’S Climate Change Mitigation Commitments For The Planning And Assessment Of Projects And Strategic Undertakings (Summary Report), Robert B. Gibson, Karine Peloffy, Daniel Horen Greenford, Meinhard Doelle, H Damon Matthews, Christian Holz, Kiri Staples, Bradley Wiseman, Frédérique Grenier
Reports & Public Policy Documents
By signing the Paris Agreement, Canada made a commitment to do our fair share to limit global average temperature rise to “well below 2°C” relative to pre-industrial levels, and to pursue “efforts to limit the increase to 1.5°C.” The federal Impact Assessment Act that is now before Parliament requires consideration of whether assessed undertakings would “hinder or contribute to” meeting Canada’s climate change commitments.
So far, however, Canada has done little to define what the Paris Agreement entails for planning, assessment and decision making on projects and other undertakings with significant implications for meeting the Paris commitments. That leaves a …
The New Social Contracts In International Supply Chains,
2019
American University Washington College of Law
The New Social Contracts In International Supply Chains, David Snyder
Scholarly Articles in Law Reviews & Journals
This Article considers, from legal, practical, moral, and policy perspectives, Model Contract Clauses (MCCs) to protect the human rights of workers in international supply chains. The product of the ABA Business Law Section Working Group to Draft Human Rights Protections in International Supply Contracts, the MCCs are an effort to provide companies with carefully researched and well-drafted clauses to incorporate human rights policies into supply contracts (purchase orders, master vendor agreements, and the like). The Article discusses the impetus, goals, and strategies of the MCCs and explains the paradigm of the corporate, operational, and political landscape for which they are …
The Paris Agreement And Global Climate Litigation After The Trump Withdrawal,
2019
American University Washington College of Law
The Paris Agreement And Global Climate Litigation After The Trump Withdrawal, David Hunter
Scholarly Articles in Law Reviews & Journals
The article addresses the emergence of cases in many countries around the world that are addressing climate change by enforcing, or at least referring to, the Paris Agreement.
Speech Across Borders,
2019
American University Washington College of Law
Speech Across Borders, Jennifer Daskal
Scholarly Articles in Law Reviews & Journals
As both governments and tech companies seek to regulate speech online, these efforts raise critical, and contested, questions about how far those regulations can and should extend. Is it enough to take down or delink material in a geographically segmented way? Or can and should tech companies be ordered to takedown or delink unsavory content across their entire platforms—no matter who is posting the material or where the unwanted content is viewed? How do we deal with conflicting speech norms across borders? And how do we protect against the most censor-prone nation effectively setting global speech rules? These questions were …
Privacy And Security Across Borders,
2019
American University Washington College of Law
Privacy And Security Across Borders, Jennifer Daskal
Scholarly Articles in Law Reviews & Journals
Three recent initiatives -by the United States, European Union, and Australiaare opening salvos in what will likely be an ongoing and critically important debate about law enforcement access to data, the jurisdictional limits to such access, and the rules that apply. Each of these developments addresses a common set of challenges posed by the increased digitalization of information, the rising power of private companies delimiting access to that information, and the cross-border nature of investigations that involve digital evidence. And each has profound implications for privacy, security, and the possibility of meaningful democratic accountability and control. This Essay analyzes the …
The Problem Of The Terror Non-State: Rescuing International Law From Isis And Boko Haram,
2019
Brooklyn Law School
The Problem Of The Terror Non-State: Rescuing International Law From Isis And Boko Haram, Darin E.W. Johnson
Brooklyn Law Review
This article examines how terror non-states, such as ISIS and Boko Haram, blur the distinctions between non-state actors and states under international law. Terror non-states’ confounding of this dichotomy undermines the efficacy of international human rights law in the territories that they control, complicates responsive foreign military intervention, and confuses the appropriate legal framework that governs armed conflicts in which they are involved. This article assesses these challenges and makes recommendations from a perspective that gives primacy to the protection and liberation of vulnerable populations. The article recommends that the United Nations Security Council pass a resolution that mandates that …
