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 …
Foreign Initial Coin Offering Issuers Beware: The Securities And Exchange Commission Is Watching,
2018
Graduate student, Cornell University
Foreign Initial Coin Offering Issuers Beware: The Securities And Exchange Commission Is Watching, Julianna Debler
Cornell International Law Journal
No abstract provided.
El Desafío De Interpretar El Derecho Internacional De Los Derechos Humanos Y El Derecho Internacional Humanitario,
2018
Universidad de Chile
El Desafío De Interpretar El Derecho Internacional De Los Derechos Humanos Y El Derecho Internacional Humanitario, Sergio Alejandro Rea Granados
American University International Law Review
No abstract provided.
What If Goliath Killed David? The Coalition To Counter Isis And The Status And Responsibility Of Isis' Child Soldiers,
2018
American University Washington College of Law
What If Goliath Killed David? The Coalition To Counter Isis And The Status And Responsibility Of Isis' Child Soldiers, Samantha Bradley
American University International Law Review
No abstract provided.
Two Is Better Than One: Systemic Integration Of International Humanitarian Law And International Human Rights Law To Boko Haram Conflict,
2018
American University Washington College of Law
Two Is Better Than One: Systemic Integration Of International Humanitarian Law And International Human Rights Law To Boko Haram Conflict, Ogunnaike O. Taiwo
American University International Law Review
No abstract provided.
The Many And The Few: Clash Of Values Or Reasonable Accommodation?,
2018
Italian Constitutional Court
The Many And The Few: Clash Of Values Or Reasonable Accommodation?, Marta Cartabia
American University International Law Review
No abstract provided.
When United Nations Sanctions Impact International Financial Governance: Lessons From The Libyan Sovereign Wealth Fund,
2018
The Chinese University of Hong Kong
When United Nations Sanctions Impact International Financial Governance: Lessons From The Libyan Sovereign Wealth Fund, Dini Sejko, Daley J. Birkett
American University International Law Review
No abstract provided.
Comparative Law In A Time Of Nativism,
2018
UC Law SF
Comparative Law In A Time Of Nativism, Margaret Woo
UC Law SF International Law Review
Pressures of globalization have strained population movements, restructured markets have led to widening economic divides, and terrorism has redefined national borders and identity. What we have seen in response is a rise in nationalism, nativism and in the extreme cases, isolationism. This inward turn seems to be true at least in the U.S. and in China. This turning inward presents a challenge to those of us who work in and champion the cause of comparative law, since comparative studies by its nature urges us to turn our gaze outward. This article examines what the turn to nativism means for the …
Looking Beyond The Positive-Negative Rights Distinction: Analyzing Constitutional Rights According To Their Nature, Effect, And Reach,
2018
UC Law SF
Looking Beyond The Positive-Negative Rights Distinction: Analyzing Constitutional Rights According To Their Nature, Effect, And Reach, Jorge M. Farinacci-Fernós
UC Law SF International Law Review
The relatively short catalogue of rights recognized by the Constitution of the United States, coupled with their near exclusive articulation as political and civil rights of a negative character opposable only to state action, has substantially narrowed the scope of analysis as to the different features and manifestations of constitutional rights in general. This has led the debate amongst U.S. scholars to focus their attention to rights as a sometimes simplistic dichotomy between negative political rights on the one hand, and positive socioeconomic rights on the other, which are more typically found in modern, teleological constitutions. In this brief Article, …
Globalization Of Japanese Lawyers: Achievements,Challenges, And Expectations Of American Law Schools,
2018
UC Law SF
Globalization Of Japanese Lawyers: Achievements,Challenges, And Expectations Of American Law Schools, Akira Kawamura
UC Law SF International Law Review
Globalization of the legal profession is ever relevant, as the ideology of globalism is challenged in many places around the world today. The most controversial backlash against globalization was the U.S. presidential election, held only a few weeks before the UC Hastings College of the Law symposium on the globalization of the legal profession. In the last twenty years, the legal service industry has transformed dramatically and has grown exponentially as part of the global economy, especially with the growth of global financial industries. Should globalization be criticized, the global legal profession may undergo criticism as well. As Dr. Stiglitz …
Role Of Bar Associations In The Globalization Of Japaneselawyers,
2018
UC Law SF
Role Of Bar Associations In The Globalization Of Japaneselawyers, Tatsu Katayama
UC Law SF International Law Review
Japanese lawyers have faced the globalization of legal markets for decades. The first wave of globalization was characterized by inbound work. It came in 1987, when Japan opened its legal markets to foreign lawyers. Since then, foreign law firms have established offices in Japan and practiced together with Japanese lawyers on international legal matters. The second wave of globalization was characterized by outbound work. Japanese lawyers practicing outside of Japan have increased significantly in the past several years. My presentation briefly describes activities of the Japan Federation of Bar Associations (“JFBA”) in the context of the globalization of Japanese lawyers.
Public Interest Lawyering In Japan Under Globalization,
2018
UC Law SF
Public Interest Lawyering In Japan Under Globalization, Shinichi Sugiyama
UC Law SF International Law Review
Globalization came to the Japanese legal community as a form of legal reform early in the millennium. The reform has impacted not only business lawyering, but also public interest lawyering, which aims at access to justice (see Parts I and II). The growing national budget has improved legal services for the underrepresented (see Part III). The increasing number of Japanese lawyers has brought improvement in access to justice to thinly populated areas. More attorneys seek careers as in-house lawyers in business or public interest organizations such as the United Nations (see Parts IV, V). The negative effects of public interest …
Fifty Years Of Space Law: Basic Decisions And Future
Challenges,
2018
UC Law SF
Fifty Years Of Space Law: Basic Decisions And Future Challenges, Marcus Schladebach
UC Law SF International Law Review
Space Law is often described as a collection of more or less amusing and unrealistic rules. For society, outer space is more of an imaginary sphere than a concrete space of Public International Law. That is why it is an ambitious project to explain that the international community of States has created a legal order for exploring and using outer space by concluding a binding international treaty. With a duration of 50 years, the Outer Space Treaty is in an advanced age. This special anniversary represents good reason to evaluate basic decisions and to predict future challenges of this modern …
The Origin And Role Of The Penitentiary In Brazil,
Scandanavia, And The United States,
2018
UC Law SF
The Origin And Role Of The Penitentiary In Brazil, Scandanavia, And The United States, Nitin Sapra
UC Law SF International Law Review
Modern penitentiaries offer valuable insight on the core of society’s sensibilities, perceptions, and values. They shed light on the relation between the State and the citizenry, particularly the lower classes. Beyond its explicit reformative goals to the criminal justice system, the penitentiary functions to affect social policy through norms of decency and respect for human rights. From the unique architectural choices to the minute logistical details, a government makes choices that intimately speak on how it views its most vulnerable groups of individuals. The origins of the penitentiary offer insight into the circumstances that interweave to organize the social fabric …
Three Arguments Of The “Right To Secession” In The Civil War: International Perspectives,
2018
UC Law SF
Three Arguments Of The “Right To Secession” In The Civil War: International Perspectives, Han Liu
UC Law SF International Law Review
Secession becomes a source of controversies again both within and outside the United States. In both political discourse and public imagination, the image of secession of the South in the mid-nineteenth century, as well as the Civil War it triggered, occupies an important position. Conducted in blood, the end of the Civil War is usually thought to establish a constitutional rule that no state shall secede from the Union. Challenging the conventional understanding, recent legal scholarship has shown that the legality/constitutionality of secession did not receive a definitive, legal answer at Appomattox. But the question remains: Why so? Explaining the …
U.N. Security Council Resolution 1540: An Exemplary Model For A Framework To Safeguard Dangerous Dams Against Sabotage By Nonstate Actors,
2018
UC Law SF
U.N. Security Council Resolution 1540: An Exemplary Model For A Framework To Safeguard Dangerous Dams Against Sabotage By Nonstate Actors, Ian Andrew Barber
UC Law SF International Law Review
The purpose of this research is to explore how an international framework could be developed in order to safeguard large dams against sabotage by nonstate actors, such as terrorist organizations or hostile civilians. The necessity of an international security agreement to manage dams as a global security threat will be clearly substantiated via an analysis of three determinants: the possible magnitude of dam failure, the inadequacies of international law to regulate asymmetric warfare, and the evolving threat of dam sabotage in the developing world. Subsequently, various legal components and regulatory mechanisms from an existing international agreement will be considered with …
Globalization Of Japanese Lawyers: Achievements,Challenges, And Expectations Of American Law Schools,
2018
UC Law SF
Globalization Of Japanese Lawyers: Achievements,Challenges, And Expectations Of American Law Schools, Setsuo Miyazawa
UC Law SF International Law Review
The topic of the 2016 symposium was “Globalization of Japanese Lawyers: Achievements, Challenges, and Expectations of American Law Schools.” The symposium was held on November 18, 2016. This symposium commemorated the signing of the cooperation and the exchange agreement between UC Hastings and Niben. The 2016 symposium was organized to explore the following inquiries: how Japanese lawyers have been coping with a globalizing legal market; how much and in what way have Japanese lawyers become globalized; achievements of Japanese lawyers; challenges of Japanese lawyers; and finally what they expect from American law schools in their effort of globalization. We were …
International Judicial Practices: Opening The "Black Box" Of International Courts,
2018
Temple University
International Judicial Practices: Opening The "Black Box" Of International Courts, Jeffrey L. Dunoff, Mark A. Pollack
Michigan Journal of International Law
This paper utilizes “practice theory” to identify and analyze the everyday practices of international judges, with particular focus on practices associated with judicial decision-making. Examining judicial practices illuminates a wide range of otherwise hidden activities that shape international judicial opinions; provides a pathway toward uncovering the subjective understandings that international judges attach to their own behaviors; and reveals underlying causal processes and mechanisms that influence tribunal decisions. By opening the “black box” of international courts, the practice turn permits us to shed light on their inner workings, and thereby enrich our understanding of these increasingly important bodies.
Justice Outside Of Criminal Courtrooms And Jailhouses, In Arcs Of Global Justice: Essays In Honour Of William A. Schabas (Margaret M. Deguzman & Diane Marie Amann Eds., 2018),
2018
Washington and Lee University School of Law
Justice Outside Of Criminal Courtrooms And Jailhouses, In Arcs Of Global Justice: Essays In Honour Of William A. Schabas (Margaret M. Deguzman & Diane Marie Amann Eds., 2018), Mark A. Drumbl
Books and Chapters
This chapter examines alternate forms of transitional justice, notably, customary forms of dispute resolution, restitution, reparations, amnesties, and civil sanctions. It suggests that the international community’s preference for criminal trials as accountability mechanisms in the aftermath of genocide results in the ‘othering’ of these alternate forms of justice. Such ‘othering’ narrows legal pluralism to questions of the location of criminal process and the imposition of custodial punishment (who prosecutes, who sentences?), rather than a richer examination of how deployment of a conceptual diversity of overlapping mechanisms could promote shared objectives of accountability, justice, and transition.
