Targeted Capture,
2018
Elisabeth Haub School of Law at Pace University
Targeted Capture, Alexander K.A. Greenawalt
Elisabeth Haub School of Law Faculty Publications
This Article confronts one of the most difficult and contested questions in the debate about targeted killing that has raged in academic and policy circles over the last decade. Suppose that, in wartime, the target of a military strike may readily be neutralized through nonlethal means such as capture. Do the attacking forces have an obligation to pursue that nonlethal alternative? The Article defends the duty to employ less restrictive means (“LRM”) in wartime, and it advances several novel arguments in defense of that obligation. In contrast to those who look to external restraints--such as those imposed by international human …
User-Generated Evidence,
2018
American University Washington College of Law
User-Generated Evidence, Rebecca Hamilton
Scholarly Articles in Law Reviews & Journals
Around the world, people are using their smartphones to document atrocities. This Article is the first to address the implications of this important development for international criminal law. While acknowledging the potential benefits such user-generated evidence could have for international criminal investigations, the Article identifies three categories of concern related to its use: (i) user security; (ii) evidentiary bias; and (iii) fair trial rights. In the absence of safeguards, user-generated evidence may address current problems in international criminal justice at the cost of creating new ones and shifting existing problems from traditional actors, who have institutional backing, to individual users …
Book Review Some Kind Of Justice: The Icty's Impact In Bosnia And Serbia,
2018
American University Washington College of Law
Book Review Some Kind Of Justice: The Icty's Impact In Bosnia And Serbia, Diane Orentlicher, Ivan Vukusic
Scholarly Articles in Law Reviews & Journals
In December 2017, the International Criminal Tribunal for the former Yugoslavia (ICTY) in The Hague closed, 25 years after it was set up by the United Nation's Security Council (UN sc) Resolution 827. That decision by the UN SC, primarily in response to the brutality of the war in Bosnia and Herzegovina (BiH), completely changed the landscape of international law. American legal scholar Diane Orentlicher, a seasoned observer of the ICTY, provides in this book the most detailed assessment of its record to date. Countless journal articles, books, documentaries and panels, in the former Yugoslavia, The Hague and elsewhere discussed …
Academy On Human Rights And Humanitarian Law Articles And Essays On Emerging Challenges In The Relationship Between International Humanitarian Law And International Human Rights Law: Introduction,
2018
American University Washington College of Law
Academy On Human Rights And Humanitarian Law Articles And Essays On Emerging Challenges In The Relationship Between International Humanitarian Law And International Human Rights Law: 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 2017 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.
Sovereignty In The Age Of Cyber,
2018
American University, Washington College of Law
Sovereignty In The Age Of Cyber, Gary Corn
Scholarly Articles in Law Reviews & Journals
International law is a foundational pillar of the modern international order, and its applicability to both state and nonstate cyber activities is, by now, beyond question. However, owing to the unique and rapidly evolving nature of cyberspace, its ubiquitous interconnectivity, its lack of segregation between the private and public sectors, and its incompatibility with traditional concepts of geography, there are difficult and unresolved questions about exactly how international law applies to this domain. Chief among these is the question of the exact role that the principle of sovereignty plays in regulating states' cyber activities.
A Human Rights Based Approach To International Financial Regulatory Standards,
2018
American University Washington College of Law
A Human Rights Based Approach To International Financial Regulatory Standards, Daniel D. Bradlow
Scholarly Articles in Law Reviews & Journals
Globalization and information and communication technologies pushed national financial regulators to establish international standard setting bodies (SSBs) which promote non-binding international financial regulatory standards. However, finance inevitably has social and human rights impacts and the SSBs and their members are not meeting their responsibility to account for these impacts in their international standards. This failure means that financial regulators and institutions may under-estimate the risks associated with their operations leading to misallocations of credit, less safe financial institutions and less efficient and transparent financial markets. To avoid this problem, SSBs should adopt a human rights approach to standard setting. The …
Assessing The Potential For Global Economic Governance Reform,
2018
American University Washington College of Law
Assessing The Potential For Global Economic Governance Reform, Daniel D. Bradlow
Scholarly Articles in Law Reviews & Journals
Every dynamic social system’s adaptive capacity is finite. Eventually, the ability of the system’s legal and institutional arrangements to adapt to the changing operational context is exhausted. At this point, unless the system is significantly reformed, it begins losing its legitimacy and efficacy.
This article contends that the structure, operation and scale of the global economy has changed so dramatically that the current arrangements for global economic governance are approaching this crisis moment. They are failing to deliver an inclusive, sustainable and efficient international economic system that can contribute to peace, prosperity and human welfare. Their governance arrangements and operating …
Scaling Development Finance For Our Common Future,
2018
American University Washington College of Law
Scaling Development Finance For Our Common Future, Daniel D. Bradlow, Kevin P. Gallagher, Leandro Serino, Jose Siaba Serrate
Scholarly Articles in Law Reviews & Journals
The G-20 and the broader world community has committed to ambitious goals to close global infrastructure gaps, mitigate climate change, and advance the 2030 Agenda for development. We call on G20 leaders to task development finance institutions (DFIs) such as the development banks in member countries and the Multilateral Development Banks (MDBs) of which G-20 countries are members, to commit to scaling up resources by 25 percent, to calibrate new financing to international commitments to mitigate climate change and the 2030 agenda, and to work together as an inclusive system toward achieving those shared goals.
International Financial Regulatory Standards And Human Rights: Connecting The Dots,
2018
American University Washington College of Law
International Financial Regulatory Standards And Human Rights: Connecting The Dots, Daniel D. Bradlow, Motoko Aizawa, Margaret Wachenfeld
Scholarly Articles in Law Reviews & Journals
This paper’s hypothesis is that the international standard setting bodies (SSBs) could improve the quality of their international standards by incorporating a human rights analysis. It focuses on five SSBs and seven of their international standards and its findings include the following: First, the standards all implicate the right of non-discrimination, and the rights to information, privacy and an effective remedy. Second, they each raises economic, social and cultural rights issues, including the obligation to allocate ‘maximum available resources’ to the progressive realization of economic, social and cultural rights; the human rights responsibilities of private actors exercising delegated regulatory authority, …
Rehabilitation In Article 14 Of The Convention Against Torture And Other Cruel, Inhuman, Or Degrading Treatment Or Punishment,
2018
American
University Washington College of Law
Rehabilitation In Article 14 Of The Convention Against Torture And Other Cruel, Inhuman, Or Degrading Treatment Or Punishment, Claudio Grossman, Nora Sevaass, Felice Gaer
Scholarly Articles in Law Reviews & Journals
Persons exposed to torture have suffered serious attacks on their lives, relationships, health, and sense of dignity. The torture they experienced will remain a part of them even if they manage to move ahead and work through the pain. The destructive power of torture affects life on so many levels: mind and body, values and relationships, and the capacity for work and leisure. Providing opportunities to reconstruct lives after torture should be a priority in the international effort to prevent and prohibit torture. International recognition of the right to redress, including rehabilitation for all victims of torture and other cruel, …
Human Rights Protections In International Supply Chains—Protecting Workers And Managing Company Risk: 2018 Report And Model Contract Clauses From The Working Group To Draft Human Rights Protections In International Supply Contracts, Aba Section Of Business Law,
2018
American University Washington College of Law
Human Rights Protections In International Supply Chains—Protecting Workers And Managing Company Risk: 2018 Report And Model Contract Clauses From The Working Group To Draft Human Rights Protections In International Supply Contracts, Aba Section Of Business Law, David Snyder
Scholarly Articles in Law Reviews & Journals
This report and the model contract clauses that it contains are an effort to help companies provide legally effective and operationally likely human rights protections for workers in international supply chains. The report is the product of the Working Group to Draft Human Rights Protections in International Supply Contracts, which is a unit of the American Bar Association Business Law Section. After identifying the problems, such as human trafficking and factory collapses as well as developing compliance obligations under federal, state, and foreign law, the report explains the difficulty of drafting legally effective clauses. Most of the issues result from …
Criminalization And The Politics Of Migration In Brazil,
2018
American University Washington College of Law
Criminalization And The Politics Of Migration In Brazil, Jayesh Rathod
Scholarly Articles in Law Reviews & Journals
In May 2017, the government of Brazil enacted a new immigration law, replacing a statute introduced in 1980 during the country’s military dictatorship with progressive legislation that advances human rights principles and adopts innovative approaches to migration management. One of the most notable features of the new law is its explicit rejection of the criminalization of migration, and its promotion of efforts to regularize undocumented migrants. Although the law itself is new, the values embedded in the law reflect recent trends in Brazilian immigration policy, which has embraced legalization, and has generally resisted the use of criminal law to punish …
Microsoft Ireland, The Cloud Act, And International Lawmaking 2.0,
2018
American University Washington College of Law
Microsoft Ireland, The Cloud Act, And International Lawmaking 2.0, Jennifer Daskal
Scholarly Articles in Law Reviews & Journals
On March 23, President Trump signed the CLOUD Act, 1 thereby mooting one of the most closely watched Supreme Court cases this term: the Microsoft Ireland case. 2 This essay examines these extraordinary and fast-moving developments, explaining how the Act resolves the Supreme Court case and addresses the complicated questions of jurisdiction over data in the cloud. The developments represent a classic case of international lawmaking via domestic regulation, as mediated by major multinational corporations that manage so much of the world's data.
Shipping And Climate Change: International Law And Policy Considerations,
2018
Dalhousie University Schulich School of Law
Shipping And Climate Change: International Law And Policy Considerations, Aldo Chircop, Meinhard Doelle, Ryan Gauvin
Reports & Public Policy Documents
This report investigates the international law and policy challenges to the determination of the international shipping industry's contribution to climate change mitigation efforts through the International Maritime Organization (IMO), a specialized agency of the United Nations and the competent intergovernmental organization with respect to shipping in international law. The report sets out the international legal framework that serves as context for the IMO efforts, the challenge of regulating greenhouse gas emissions from international shipping and the process and issues in determining the industry's 'fair share' of mitigation efforts and potential legal pathways. The report concludes with general, policy and legal …
Annex 6: Changing Ocean Impacts On The Key Forage Fish Species Arctic Cod In The Western Canadian Arctic – Linking Climate Model Projections To Subsistence Fisheries,
2018
University of Victoria
Annex 6: Changing Ocean Impacts On The Key Forage Fish Species Arctic Cod In The Western Canadian Arctic – Linking Climate Model Projections To Subsistence Fisheries, Nadja Steiner, William W. L. Cheung, Helen Drost, Carie Hoover, Jen Lam, Lisa Miller, Andres M. Cisneros-Montemayor, Tessa Sou, U. Rashid Sumaila, Paul Suprenand, Travis C. Tai
Reports & Public Policy Documents
This annex highlights the results of a study focusing on the potential impacts of ocean acidification and other climate- related stressors on marine species relevant for subsistence fisheries in the Western Arctic Bioregion. The study uses a knowledge co-production approach developed in the form of a multi-step process based on a combination of modelling and analysis tools including the Scientific Method and Indigenous Traditional Knowledge (Figure A6.1). Once all steps have been completed, uncertainties can be estimated and improvements can be made either with respect to the individual steps or to the linkages between them. The process can then be …
Examples Of Global And Regional Laws And Policies Relevant To Addressing The Potential Impacts Of Climate Change And Ocean Acidification,
2018
Schulich School of Law and Marine & Environmental Law Institute, Dalhousie University
Examples Of Global And Regional Laws And Policies Relevant To Addressing The Potential Impacts Of Climate Change And Ocean Acidification, David Vanderzwaag, Nadja Steiner, Jan René Larsen
Reports & Public Policy Documents
Laws and policies relevant to the potential impacts of climate change and ocean acidification on marine species and coastal communities appear at the global and regional level, as well as the national level (see Annex 6).
Taking Ihi, R2p And Legitimate Defense Seriously: North Korea As The Primary Consideration,
2018
Visiting Scholar, Northwestern University Pritzker School of Law
Taking Ihi, R2p And Legitimate Defense Seriously: North Korea As The Primary Consideration, Morse Tan
Cornell International Law Journal
North Korea has the worst human rights crisis in terms of the breadth and extent of its violations, and also presents the most serious security crisis in the world. A trio of doctrines— International Humanitarian Intervention, the Responsibility to Protect, and legitimate defense— provide the foundation for a range of solutions and approaches to resolve this crisis. At the same time, North Korea poses real dangers, the situation is delicate, and the resolutions may prove difficult. Strong determination is necessary to stay the course until the Koreas reunite, ideally in a peaceful manner. The situation has moved rapidly over the …
The "Peace Treaty" As A U.S. Doctrinal Option And Its Application To The Dprk: A Historical And Analytic Review,
2018
Dongguk University
The "Peace Treaty" As A U.S. Doctrinal Option And Its Application To The Dprk: A Historical And Analytic Review, Eric Yong-Joong Lee
Cornell International Law Journal
Wars have made great contributions to the development of the U.S. Because the U.S. has often been victorious, achieving the purpose of their war, most wars ended with a surrender of the enemy or declaration of termination. The Americans concluded peace treaties only when they wanted to fundamentally restructure the regional order after the war or to realize their strategic interest from a broader, longer perspective in some parts of the world. This research is to analyze the peace treaties that the U.S. has signed so far or has mediated upon, searching for the possibility of making a U.S.-DPRK peace …
North Korean Detention Of U.S. Citizens: International Law Violations And Means For Recourse,
2018
Sungkyunkwan University
North Korean Detention Of U.S. Citizens: International Law Violations And Means For Recourse, Patricia Goedde, Andrew Wolman
Cornell International Law Journal
North Korean detention of U.S. citizens has prompted considerable attention in the U.S. media over the years, especially with the most recent case of Otto Warmbier’s death. Releases have usually been negotiated through diplomatic channels on a humanitarian basis. While detainee treatment is influenced primarily by political considerations, this Article asks what international legal implications arise from these detentions in terms of international law violations and recourse. Specifically, this Article analyzes (1) violations of consular law and international human rights law as applied to the detainees, such as standards for arrest, investigation, trial, and detention, and (2) whether viable legal …
Labor And Human Rights Conditions Of North Korean Workers Dispatched Overseas: A Look At The Dprk’S Exploitative Practices In Russia, Poland, And Mongolia,
2018
Database Center for North Korean Human Rights
Labor And Human Rights Conditions Of North Korean Workers Dispatched Overseas: A Look At The Dprk’S Exploitative Practices In Russia, Poland, And Mongolia, Teodora Gyupchanova
Cornell International Law Journal
The Database Center for North Korean Human Rights (NKDB) has so far dedicated over three years to a focused research on the human rights conditions of North Korean laborers overseas. In this amount of time NKDB researchers have only managed to uncover a small fraction of the abuses endured by the North Korean citizens dispatched overseas to earn revenue for the North Korean regime. There is a lot of work that still needs to be done, which should involve investigation of the working and living conditions of North Korean laborers residing in different countries, seeking accountability from the entities, government …
