International Law Commons^™

The Maria Da Penha Case And The Inter-American Commission On Human Rights: Contributions To The Debate On Domestic Violence Against Women In Brazil, Paula Spieler

Indiana Journal of Global Legal Studies

This article aims to demonstrate the contributions of the Maria da Penha case and the Inter-American Commission on Human Rights (IACHR) Report of 2001 to the debate on domestic violence against women in Brazil, with special emphasis to the adoption of the Maria da Penha Law. The IACHR was the first international human rights organ to bring to light the problem. Beside contributing to internal changes, this case has great relevance as it was the first one of domestic violence analyzed by the Inter-American Commission. It revealed the systematic pattern of violence against women in the country.

Human Rights and …

"Cultural Fatigue": The State And Minority Rights In Botswana, Jacqueline Solway

Indiana Journal of Global Legal Studies

The circulation and intersection of supranational rights, discourses, and practices with local struggles have contributed to victories, disappointments, and in many instances, new articulations and understandings of rights for local people. In Botswana, the everincreasing interaction of minority groups with international institutions, laws and conventions, nongovernmental groups (NGOs), and the Botswana courts has created a dialectic that continues to reshape vernacular rights discourses. The state has also been a party in this evolving dialectic and has found new means of intervening in the process. The Botswana state prides itself on its liberal practices and has received international acclaim as a …

Ethnographies Of Indigenous Exclusion In Western Mexico, Guillermo De La Peña

Indiana Journal of Global Legal Studies

In 1992 and 2001, the National Congress of Mexico approved several amendments to the constitution concerning the legal status and rights of indigenous peoples. However, the specific institutional aspects and practical implications of these changes were left to state legislatures, which have responded slowly and unevenly. A particular problem has been the lack of a clear definition of what indigenous political representation means for the different levels of the Mexican government. This article uses ethnographic materials collected in the state of Jalisco to document certain forms of exclusion and violations of citizen rights that relate to voids and ambiguities in …

Abuse Of Power And Corruption In Kenya: Will The New Constitution Enhance Government Accountability, Migai Akech

Indiana Journal of Global Legal Studies

This article suggests that corruption in the Kenyan government is largely an institutional problem, rather than a cultural one. It attributes such corruption to the predominance of arbitrary power, especially in the statutory (as opposed to constitutional) order. The statutory order grants executive, legislative, and judicial actors broad powers without establishing effective procedural mechanisms to circumscribe their exercise. In the absence of effective regulation, law often aids the abuse of power and corruption. Although the new constitution establishes principles and mechanisms that may enhance government accountability, the statutory order must be aligned with the values and principles of this new …

Globalization And The Institutional Dynamics Of Global Environmental Governance, Tun Myint

Indiana Journal of Global Legal Studies

This paper is concerned with globalization and the institutional dynamics of global environmental governance. How do the phenomena of globalization shape the study of the institutional dimensions of global environmental governance, and how do these phenomena influence the practicality of law and state-centric politics? These questions guide the direction of this paper and its aim to advance theories and research methods for the study of the dynamics of institutions for governance. By synthesizing the conceptual findings of the literature, this paper develops an analytical framework of globalization and analytical themes to advance the systematic study of the dynamics of institutions, …

Autochthony, Citizenship, And Exclusion - Paradoxes In The Politics Of Belonging In Africa And Europe, Peter Geschiere

Indiana Journal of Global Legal Studies

Our world seems to be globalizing, yet in practice, it is marked more than ever by what Tania Murray Li calls "a conjuncture of belonging." The notion of autochthony plays a special role in this obsession with belonging as some sort of primordial claim: How can one belong more than if one is born from the soil itself? Since the 1990s, the notion has played a key role in politics in several parts of Africa. Yet, its spread has now become truly global. Comparisons with other parts of the world show that this notion retains its apparently "natural"s elf-evidence and, …

Speeches: Transitional Justice, Peace, And Prevention: University Of Baltimore Law School October 26, 2010, Juan E. Méndez

University of Baltimore Law Review

No abstract provided.

The Dispute On The Horizon: Contracting For Effective Dispute Resolution In International Business Transactions A U.S. Perspective, William P. Johnson

All Faculty Scholarship

This Article offers a view, from a U.S. perspective but for a non-U.S. readership, on the significant aspects of planning for dispute resolution in the context of cross-border business transactions involving U.S. and non-U.S. parties. Specifically, this Article identifies the issues that parties who are located in Brazil or in other jurisdictions throughout the Americas should consider at the time of drafting, negotiating, and finalizing business contracts with U.S. counterparties, as well as business contracts that are entered into in connection with other cross-border arrangements that could involve U.S. law even when there is no U.S. counterparty, to prepare for …

When Corporations Translate Treaties, Caroline Bradley

Articles

No abstract provided.

Special Issue On International Criminal Law: Editorial, Charles C. Jalloh

Articles

No abstract provided.

Let's Not Kill All The Privacy Laws (And Lawyers), Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson

Articles by Maurer Faculty

No abstract provided.

Privacy -- An Elusive Concept, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson

Articles by Maurer Faculty

No abstract provided.

Editorial, Fred H. Cate, Christopher Kuner, Christopher Millard, Dan Jerker B. Svantesson

Articles by Maurer Faculty

No abstract provided.

Corporate Social Responsibility And Firm Compliance: Lessons From The International Law-International Relations Discourse, Christiana Ochoa

Articles by Maurer Faculty

There has been a long and fruitful discourse between and among legal academics and political scientists, known as international law (IL)-international relations (IL) scholarship. A great deal of that scholarship has discussed the effectiveness of particular IL regimes, usually as part of a larger discourse regarding the question of compliance with IL or international institutions, more generally, including agreed norms and soft law. This field of IL-IR scholarship has taken a fairly Westphalian and Weberian view of international law and of international relations, viewing states as the subjects of international law and, thus, seeing states as its subjects of study. …

Navigating The Global Health Terrain: Mapping Global Health Diplomacy, David Fidler

Articles by Maurer Faculty

This article engages in mapping thinking and practice on global health diplomacy. Increased interest in “global health diplomacy” and “health diplomacy” heightens the need for more rigorous descriptive, conceptual, analytical, and practical approaches to these phenomena. This article discusses why more rigor is needed with respect to global health diplomacy, provides a way to describe global health diplomacy that provides a foundation for further analysis, explores conceptual underpinnings of global health diplomacy to deepen the mapping exercise, and offers a simple but flexible analytical template for use in mapping different aspects of global health diplomacy. The article concludes with thoughts …

A Kind Of Judgment: Searching For Judicial Narratives After Death, Timothy W. Waters

Articles by Maurer Faculty

Much of international criminal law's attraction rests on the 'authoritative narrative theory '--the claim that legal judgment creates incontestable narratives that serve as the foundation, or at least a baseline, for post-conflict reconciliation. So what happens when there is no judgment? This is the situation that confronted the International Criminal Tribunal for the Former Yugoslavia when its most prominent defendant, Slobodan Milosevic, died. By turning scholarship's attention towards a terminated trial, this Article develops an indirect but powerful challenge to one of the dominant views about what international criminal law is for, with interdisciplinary implications for human rights, international relations, …

Transparency In The Administration Of Laws: The Relationship Between Differing Justifications For Transparency And Differing Views Of Administrative Law, Robert G. Vaughn

American University International Law Review

No abstract provided.

Unveiling The Complexities Surrounding The Right To Take Part In Cultural Life: The Effect Of General Comment No. 21 On The Legality Of The French Burqa Ban Under The Icescr, Alison Dean

American University International Law Review

No abstract provided.

Space Tourism, Private Spaceflight And The Law: Key Aspects, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The arrival of ‘space tourism,’ or more appropriately ‘private spaceflight,’ requires the law of outer space to change and adapt to this revolutionary development, as deriving precisely from the principled private participation in these activities. After defining the proper concepts, this paper discusses key legal aspects of authorization and supervision, liability and registration, and how they re.ect and impact on space tourism. Key legal aspects related to certification of craft, crew and passengers, while not yet much articulated at the international level will also be touched upon precisely in order to demonstrate that the law could well be driven first …

The Issue Of National Security In The Context Of National Space Legislation—Comparing European And Non-European States, F. G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

First three paragraphs:

The inherent dual-use character of most, if not all space activities cannot fail to exercise a considerable impact also on the involvement of private actors in space. Much technology used for and/or developed by private space activities may potentially be put at the use of those wishing to change a particular political status quo, and likewise the material results of some private space activities may, consciously or inadvertently, come to be used against the national security interests of one state or another. Hence, issues of national security will likely also have an effect on the issue of …