The Universal Periodic Review As A Form Of Alternative Dispute Resolution: Strengths & Shortcomings,
2019
Benjamin N. Cardozo School of Law
The Universal Periodic Review As A Form Of Alternative Dispute Resolution: Strengths & Shortcomings, Sara Alvarez
Cardozo Journal of Conflict Resolution
No abstract provided.
Not Enough: Human Rights In An Unequal World,
2019
Fordham University School of Law
Not Enough: Human Rights In An Unequal World, Harlan G. Cohen
Faculty Scholarship
Many will read Samuel Moyn’s powerful history of the quest for social and material justice as an intended wake-up call. Rather than as a blaring alarm though, Not Enough is better read as an invitation to dream.
Academy On Human Rights And Humanitarian Law Articles And Essays On Gender Violence And International Human Rights: Introduction,
2019
American University
Academy On Human Rights And Humanitarian Law Articles And Essays On Gender Violence And International Human Rights: 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 the three best essays in English and in Spanish recognized in the 2018 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 areas of the world. We hope these participants are able to use their articles as mechanisms for change.
Who Owns The Rules Of War In Today's Post-Post-Cold War?,
2019
American University Washington College of Law
Who Owns The Rules Of War In Today's Post-Post-Cold War?, Kenneth Anderson
Scholarly Articles in Law Reviews & Journals
Professor Gabriella Blum's The Paradox of Power observes that international humanitarian law (IHL) has been in a long. term evolution toward putting the principle of "humanitarianism" and civilian protection at its normative and legal center. The Lecture (on which this essay is a commentary) identifies several reasons for this, in particular (within and across liberal democratic societies) social acceptance of IHL as law but also as socially internalized norms that give IHL broad moral legitimacy. Accepting The Paradox of Power's main propositions as cor rect, this Commentary extends its account in several ways. First, The Paradox of Power's combination of …
Evaluating A Permanent Court Solution For International Investment Disputes,
2019
University of Richmond School of Law
Evaluating A Permanent Court Solution For International Investment Disputes, Emily Palombo
Law Student Publications
Despite the original objective of investor state dispute settlement (“ISDS”)—to create an unbiased arbitration mechanism to resolve conflicts between states and foreign investors—ISDS tribunals have gained the reputation of being one-sided, nontransparent, and inconsistent in decisions rendered. A major reform proposed to address the criticism of ISDS is the creation of one permanent tribunal, rather than numerous ad hoc tribunals constituted separately for each investment dispute. Discussion of ISDS reform in light of its historical context poses the question: is ISDS really a broken system, or have our global priorities and concerns changed over time? While improvements can be made, …
Table Of Contents, Cardozo International & Comparative Law Review, Vol. 2, Iss. 2,
2019
Yeshiva University, Cardozo School of Law
Table Of Contents, Cardozo International & Comparative Law Review, Vol. 2, Iss. 2
Cardozo International & Comparative Law Review
No abstract provided.
State Under Attack: The Story Of Preference For Relatives In Pre-Emptive Counterterrorism Operations,
2019
University of Haifa
State Under Attack: The Story Of Preference For Relatives In Pre-Emptive Counterterrorism Operations, Eyal Gruner, Doron Menashe
Cardozo International & Comparative Law Review
No abstract provided.
Colombian Constitutionalism: Challenging “Judicial Supremacy” Through Pluralism,
2019
Universidad de La Sabana, Colombia
Colombian Constitutionalism: Challenging “Judicial Supremacy” Through Pluralism, Santiago Garcia-Jaramillo
Cardozo International & Comparative Law Review
The article critically examines the role of judicial review in Colombia, particularly the Constitutional Court's expanding power, and argues for a more restrained approach to prevent judicial supremacy. It emphasizes the importance of pluralism and democratic decision-making, suggesting that controversial issues should be resolved through elected institutions rather than the judiciary. The analysis advocates for institutional reforms to strengthen Congress and ensure accountability, promoting a balance between judicial oversight and democratic processes.
Encouraging Food Safety Standard Negotiations In The One-Belt-One-Road Initiative,
2019
Peking University School of Transnational Law
Encouraging Food Safety Standard Negotiations In The One-Belt-One-Road Initiative, Yi Seul Kim
Cardozo International & Comparative Law Review
Participation and attendance in food safety negotiations such as Codex meetings are of critical importance. Common problems have existed throughout history in the area of food safety standards and their formulation regulations. First, there is a lack of interest by the public. Second, the public becomes interested only after a food safety crisis. Consequences are two-fold: with lack of public interest, governments often do not allocate enough budget and resources. Then, when the government turns to face the problem with a sudden spike in public interest, it is often too late. The situation becomes more of a crisis management, rather …
International Multiple Derivative Actions,
2019
Vanderbilt University Law School
International Multiple Derivative Actions, King F. Tsang
Vanderbilt Journal of Transnational Law
This Article explores two choice of law issues in international multiple derivative actions: (1) the choice of substantive law that should govern multiple derivative actions and (2) the characterization of different aspects of the multiple derivative actions between substantive and procedural laws. After a comparison of choice of law approaches among various common law jurisdictions, the author advocates that the first choice of law issue--the substantive law to be applied to the action--should be governed by the law with the closest connections to the multiple derivative actions. This is the only practical choice given the complex nature of international multiple …
The Rights And Obligations Of States In Disputed Maritime Areas: What Lessons Can Be Learned From The Maritime Boundary Dispute Between Ghana And Cote D'Ivoire?,
2019
Swansea University
The Rights And Obligations Of States In Disputed Maritime Areas: What Lessons Can Be Learned From The Maritime Boundary Dispute Between Ghana And Cote D'Ivoire?, Youri Van Logchem
Vanderbilt Journal of Transnational Law
Unilateral acts undertaken in disputed maritime areas, particularly in relation to mineral resources, frequently lead to conflict between states. Appraisals of the scope that remains for unilateralism in disputed maritime areas under international law exist in both case law and literature, but the precise scope remains shrouded in doubt. The ruling of the tribunal in Guyana v. Suriname--building its argumentation extensively on that of the International Court of Justice (ICJ or Court) in the Aegean Sea Continental Shelf (interim measures)--is significant in this regard, clarifying, at least to a certain extent, the scope for unilateral conduct. Recently, in September 2017, …
Financing Cr-Isis: The Efficacy Of Mutual Legal Assistance Treaties In The Context Of Money Laundering And Terror Finance,
2019
Vanderbilt University Law School
Financing Cr-Isis: The Efficacy Of Mutual Legal Assistance Treaties In The Context Of Money Laundering And Terror Finance, Michaelene K. Wright
Vanderbilt Journal of Transnational Law
Technological development throughout the past fifty years has created a world in which information can be communicated across the globe in no time at all. International law enforcement tools like mutual legal assistance (MLA), on the other hand, have not changed with nearly the same pace. Unfortunately, criminal activity rarely stops at international borders, necessitating international cooperation for any sort of effective enforcement. As this Note will discuss, the problems attendant in the current mutual legal assistance scheme, such as extensive delay and incompatibility with electronic data, have led to global tension over extraterritorial action and conflict between regulatory bodies. …
Artificial Islands And Territory In International Law,
2019
Vanderbilt University Law School
Artificial Islands And Territory In International Law, Imogen Saunders
Vanderbilt Journal of Transnational Law
Artificially created islands are a contemporary reality, created and used for military and nonmilitary purposes. Analysis of such islands has largely been limited to their status under the United Nations Convention on the Law of the Sea (UNCLOS) regime. Their position under general international law, however, remains unclear. In particular, the question of whether artificial islands can constitute sovereign territory remains unanswered. This Article analyzes the concept of territory in international law in the context of artificial islands, and argues that neither the doctrine of territory nor the strictures of UNCLOS prevent artificial islands from constituting territory capable of sovereign …
Climate Change Refugees In The Time Of Sinking Islands,
2019
Vanderbilt University Law School
Climate Change Refugees In The Time Of Sinking Islands, Jane Steffens
Vanderbilt Journal of Transnational Law
While environmental migration is not a new phenomenon, the international community has been slow to react to a wildly increasing number of people displaced by climate-related factors. With the current scenario of sinking islands, rapid urbanization, and drought, the international community seems to be on the precipice of a massive humanitarian catastrophe. Even so, lawmakers appear hesitant to fill in the gaps of existing international law, leaving an entire category of people vulnerable and unprotected against the effects of climate change. Private climate-governance initiatives can achieve large-scale, prompt, and efficient solutions to climate-induced migration. While private governance initiatives lack the …
Charney Lecture: The Rule Of Law In International Security Affairs: A U.S. Defense Department Perspective,
2019
Vanderbilt University Law School
Charney Lecture: The Rule Of Law In International Security Affairs: A U.S. Defense Department Perspective, Paul C. Ney, Jr.
Vanderbilt Journal of Transnational Law
Thank you very much for inviting me here today. I am especially grateful to Dean Chris Guthrie, Professor Mike Newton, and Mrs. Sharon Charney, who generously endowed this lecture series in memory of her late husband, Professor Jonathan Charney. Thank you, as well, to all the members of the Charney family for sharing him with the Vanderbilt community. Professor Charney taught at Vanderbilt for forty years and was one of the nation's preeminent scholars and practitioners of international law. He was a member of the U.S. delegation to the Third United Nations Conference on the Law of the Sea, which …
Trafficking Terror And Sexual Violence: Accountability For Human Trafficking And Sexual And Gender-Based Violence By Terrorist Groups Under The Rome Statute,
2019
Vanderbilt University Law School
Trafficking Terror And Sexual Violence: Accountability For Human Trafficking And Sexual And Gender-Based Violence By Terrorist Groups Under The Rome Statute, Coman Kenny, Nikita Malik
Vanderbilt Journal of Transnational Law
Terrorist groups are increasingly involved in human trafficking, specifically targeting women and girls of ideologically opposed groups or religions. Frequently, this phenomenon involves the perpetration of various forms of sexual violence against those trafficked. The commission of the interlinked crimes of human trafficking, sexual violence, and terrorism is relatively new, encompassing a vicious cycle in which each crime effectively flows from the commission of the others: sexual violence is facilitated by human trafficking, human trafficking is motivated, in part, by sexual violence, and both crimes spread terror among civilian populations. In light of the Prosecutor of the International Criminal Court …
Challenging And Refining The "Unwilling Or Unable" Doctrine,
2019
Vanderbilt University Law School
Challenging And Refining The "Unwilling Or Unable" Doctrine, Craig Martin
Vanderbilt Journal of Transnational Law
This Article challenges and proposes refinements to the "unwilling or unable" doctrine. Governments after 9/11 have invoked the doctrine to justify the use of force in self-defense against non-state actors (NSAs) operating within the territory of nonconsenting states. Responding to criticism that it lacked substance and a legal foundation, Daniel Bethlehem famously developed more detailed principles to embed the policy firmly in law, strike a balance between the interests of target states and territorial states, and bridge the gap between scholars and policymakers. His principles were embraced by governments as reflecting custom. The effort was laudable, but the principles fell …
A Solution To The Silencing And Denial: How Adr Can Harmonize Catholic Law With The International Communities Demand To End The Sexual Victimization Of Children In The Catholic Church,
2019
Benjamin N. Cardozo School of Law
A Solution To The Silencing And Denial: How Adr Can Harmonize Catholic Law With The International Communities Demand To End The Sexual Victimization Of Children In The Catholic Church, Danielle Shayne Shapero
Cardozo Journal of Conflict Resolution
The causal connection between clericalism and sexual abuse is evident, "namely the tendency of the hierarchy to protect priests, the tendency to cover reports in deep secrecy and the massive denial about the seriousness of the problem.'' In order to truly combat the global crisis of child abuse permeating the religious order, alternative dispute resolution strategies between the Holy See and the global community should be considered as a means of promulgating new ecclesiastical laws for the successful management of institutionalized sexual misconduct. In Part II, this Note will discuss the history of exposure leading to the public's knowledge and …
The Illicit Antiquities Trade As A Funding Source For Terrorism: Is Blockchain The Solution?,
2019
Benjamin N. Cardozo School of Law
The Illicit Antiquities Trade As A Funding Source For Terrorism: Is Blockchain The Solution?, Taylor Moskowitz
Cardozo Arts & Entertainment Law Journal
No abstract provided.
Redefining "Life": The Constitutional Implications Of Patenting Immortality,
2019
Benjamin N. Cardozo School of Law
Redefining "Life": The Constitutional Implications Of Patenting Immortality, Julia Spivak
Cardozo Arts & Entertainment Law Journal
No abstract provided.
