The Right To Appeal,
2014
Case Western Reserve University School of Law
Trafficking In Human Beings: Partial Compliance Theory, Enforcement Failure, And Obligations To Victims,
2014
S.J. Quinney College of Law, University of Utah
Trafficking In Human Beings: Partial Compliance Theory, Enforcement Failure, And Obligations To Victims, Leslie P. Francis, John G. Francis
Utah Law Faculty Scholarship
Trafficking—the coerced exploitation of people—is a major global concern. Primary forms of trafficking include sex trafficking, labor trafficking, trafficking in organs, trafficking in reproduction, and trafficking in child soldiers. This paper explores whether “host” countries — destinations for trafficking — have special obligations to provide trafficked persons with support needed to escape trafficking and to deal with the damage it has caused. This support includes asylum, healthcare, food, and shelter, at least for an initial period of time.
The Fundamentalism Of Liberal Rights: Decoding The Freedom Of Expression Under The European Convention For The Protection Of Human Rights And Fundamental Freedoms,
2014
Lecturer, College of Law, Australian National University
The Fundamentalism Of Liberal Rights: Decoding The Freedom Of Expression Under The European Convention For The Protection Of Human Rights And Fundamental Freedoms, Moeen Cheema, Adeel Kamran
Loyola University Chicago International Law Review
No abstract provided.
Millennium Development Goal 4, Children's Health And Implementation Challenges In Africa: Does A Human Rights Based Appoach Suffice?,
2014
Loyola University Chicago, School of Law
Millennium Development Goal 4, Children's Health And Implementation Challenges In Africa: Does A Human Rights Based Appoach Suffice?, Obi Nnamuchi
Loyola University Chicago International Law Review
That the state of children’s health in Africa is abysmal is incontrovertible. Proof, if there is need for one, is the perennial underperformance of the vast majority of countries in the region in key dimensions of children’s health and wellbeing. Nonetheless, the point of interest in health policy literature is not on the underperformance per se but on the underlying causes and possible antidotes – a reason Millennium Development Goal (MDG) 4 (on reducing child mortality) holds special significance for countries in the region. This paper advances scholarship in this very critical area by projecting human rights as holding the …
Understanding The Decline In Transnational Adoption Channels: Whether The Children In Families First Act Is An Effective Response To The Exploitation Of Orphans,
2014
Loyola University Chicago, School of Law
Understanding The Decline In Transnational Adoption Channels: Whether The Children In Families First Act Is An Effective Response To The Exploitation Of Orphans, Jade Glory
Loyola University Chicago International Law Review
No abstract provided.
Olympic-Sized Opportunity: Examining The Ioc's Past Neglect Of Human Rights In Host Cities And The Chance To Encourage Reformon A Global Scale,
2014
Loyola University Chicago, School of Law
Olympic-Sized Opportunity: Examining The Ioc's Past Neglect Of Human Rights In Host Cities And The Chance To Encourage Reformon A Global Scale, Chad Nold
Loyola University Chicago International Law Review
No abstract provided.
Advancing National Intellectual Property Policies In A Transnational Context,
2014
University of Maryland Francis King Carey School of Law
Advancing National Intellectual Property Policies In A Transnational Context, Marketa Trimble
Maryland Law Review
No abstract provided.
Whether The Special Tribunal For Lebanon Is Properly Considered To Be More A Civil Law Institution Or A Common Law Institution.,
2014
Case Western Reserve University School of Law
Whether The Special Tribunal For Lebanon Is Properly Considered To Be More A Civil Law Institution Or A Common Law Institution., Estefanía Sixto Seijas
War Crimes Memoranda
No abstract provided.
The Problem Of Risk In International Criminal Law,
2014
Barry University
The Problem Of Risk In International Criminal Law, Mark A. Summers
Faculty Scholarship
No abstract provided.
An Empirical Study Of Arbitrators Acting As Mediators In China,
2014
Yeshiva University, Cardozo School of Law
An Empirical Study Of Arbitrators Acting As Mediators In China, Fan Kun
Cardozo Journal of Conflict Resolution
Whether an arbitrator can and should act as a mediator in a pending arbitration is one of the most controversial issues in international arbitration. While mediation is not a new concept for the West, the practice of having the same person acts as both an arbitrator and a mediator in one proceeding has aroused great debate in theory and practice. The debate gives rise to delicate ethical issues, and touches the very core of arbitration, i.e., the mission of arbitrators.
Section II of the Article reviews relevant literature on the general attitudes of arbitrators in settlement facilitation. Section III defines …
A Cautious Expansion Of Direct And Public Incitement To Commit Genocide: Confusion Between Inchoate Offences And Modes Of Liability,
2014
University of Minnesota Law School
A Cautious Expansion Of Direct And Public Incitement To Commit Genocide: Confusion Between Inchoate Offences And Modes Of Liability, Eric Peffley
Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)
No abstract provided.
Spain, Gibraltar And Territorial Waters: A New Battleground For An Old Conflict,
2014
University of Minnesota Law School
Spain, Gibraltar And Territorial Waters: A New Battleground For An Old Conflict, Jacob Lundborg
Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)
No abstract provided.
Who Moved Our Rights? The Impact Of Palestinian Statehood On The Group Rights Of Palestinian Citizens Of Israel,
2014
University of Minnesota Law School
Who Moved Our Rights? The Impact Of Palestinian Statehood On The Group Rights Of Palestinian Citizens Of Israel, Roy Peled
Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)
The international community recently officially recognized Palestinian statehood through a U.N. General Assembly resolution. The implications of self-determination for the people living in the Palestinian state-to-be are self-evident. Indeed, self-determination of Palestinians is one of the most widely discussed issues in international affairs. But there is little to no discussion on the impact of Palestinian Statehood on one group of Palestinians – namely the 1.6 million Palestinian citizens of the State of Israel. The leadership of this group of Palestinians campaigns not just to end discrimination against its individual members, but also for collective rights. They have a declared vision …
Treating The Contagion: An Analysis Of International Proposals For Regulating Money Market Funds,
2014
University of Minnesota Law School
Treating The Contagion: An Analysis Of International Proposals For Regulating Money Market Funds, Shane Buamgardner
Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)
No abstract provided.
Preserving The Province Of The Legislature: A Proposal To Amend The Alien Tort Statute,
2014
University of Minnesota Law School
Preserving The Province Of The Legislature: A Proposal To Amend The Alien Tort Statute, Marina Pantchenko
Minnesota Journal of International Law, Vols 1-28:1 (1992-2019)
On October 1, 2012 the U.S. Supreme Court heard the second round of oral arguments in Kiobel v. Royal Dutch Petroleum Co. on the question of whether and under what circumstances the Alien Tort Statute (ATS) should recognize private causes of action for violations of the law of nations occurring in another sovereign country. This subject attracts intense discussions because the ruling on this matter threatens to affect continued human rights litigation in U.S. courts and corporate liability for human rights abuses occurring abroad. This Article follows the debates surrounding the ATS and ultimately proposes a modest amendment to the …
Complexity And Efficiency At International Criminal Courts, 29 Emory Int'l L. Rev. 1 (2014),
2014
The John Marshall Law School, Chicago
Complexity And Efficiency At International Criminal Courts, 29 Emory Int'l L. Rev. 1 (2014), Stuart K. Ford
UIC Law Open Access Faculty Scholarship
One of the most persistent criticisms of international criminal tribunals has been that they cost too much and take too long. In response, this Article presents a new approach that utilizes two concepts: complexity and efficiency. The first half of this Article proposes a method for measuring the complexity of criminal trials and then uses that method to measure the complexity of the trials conducted at the International Criminal Tribunal for the former Yugoslavia (ICTY). The results are striking. Even the least complex ICTY trial is more complex than the average criminal trial in the United States, and the most …
Why The United States Cannot Agree To Disagree On Blasphemy Laws,
2014
University of Oklahoma College of Law
Why The United States Cannot Agree To Disagree On Blasphemy Laws, Evelyn Aswad, Rashad Hussain, M. Suleman
Faculty Articles
At the Boston University International Law Journal's symposium "Realigning Western Policy and International Law after the Arab Spring," held on March 25, 2013, Professor Aswad gave the keynote address, where she described the extensive U.S. diplomatic efforts to promote the broadest possible protections for freedoms of expression and religion, even when it comes to speech that is considered blasphemous. A symposium participant asked why the United States cannot just agree to disagree with Muslim-majority countries on the treatment of blasphemy given the religious sensibilities in those countries and the number of other pressing equities the United States has pending with …
King Tut And Tahrir Square: The Egyptian Revolution Of 2011 And The Advantage Of Viewing Cultural Heritage Destruction Through A Right To Culture Lens,
2014
St. Mary's University School of Law
King Tut And Tahrir Square: The Egyptian Revolution Of 2011 And The Advantage Of Viewing Cultural Heritage Destruction Through A Right To Culture Lens, Zoe Niesel
Faculty Articles
No abstract provided.
Accelerated Formation Of Customary International Law,
2014
Case Western Reserve University - School of Law
Accelerated Formation Of Customary International Law, Michael P. Scharf
Faculty Publications
This article examines the phenomenon of accelerated formation of customary international law. It argues that in periods of fundamental change (which the author characterizes as "Grotian Moments"), whether by technological advances, the commission of new forms of crimes against humanity, or the development of new means of warfare or terrorism, customary international law may form much more rapidly and with less state practice than is normally the case to keep up with the pace of developments. The article examines several case studies that explore the application and contours of the concept of "Grotian Moments."
Beyond International Commercial Arbitration? The Promise Of International Commercial Mediation,
2014
University of Missouri School of Law
Beyond International Commercial Arbitration? The Promise Of International Commercial Mediation, S. I. Strong
Faculty Publications
Although international commercial arbitration has long been the preferred means of resolving cross-border business disputes, the international corporate community has become increasingly concerned about increasing costs, delays and procedural formalities. As a result, parties are looking for other means of resolving cross-border business disputes. One of the more popular alternatives is mediation. Advocates of mediation extol its many benefits, including its ability to resolve disputes more quickly and with fewer costs and formalities than other alternatives. However, very little research exists on how mediation operates in the international commercial context. This Essay therefore considers whether and to what extent international …
