Seeking The Better Interests Of Children With A New International Law Of Adoption,
2011
South Texas College of Law
Seeking The Better Interests Of Children With A New International Law Of Adoption, Richard Carlson
NYLS Law Review
No abstract provided.
Permanency Is Not Enough: Children Need The Nurturing Parents Found In International Adoption,
2011
Harvard Law School
Permanency Is Not Enough: Children Need The Nurturing Parents Found In International Adoption, Elizabeth Bartholet
NYLS Law Review
No abstract provided.
Reflections On The Special Humanitarian Parole Program For Haitian Orphans,
2011
New York Law School
Reflections On The Special Humanitarian Parole Program For Haitian Orphans, Whitney A. Reitz
NYLS Law Review
No abstract provided.
Casting A Cold Eye On The Origins And Development Of An All-Island Charter Of Rights,
2011
Fordham Law School
Casting A Cold Eye On The Origins And Development Of An All-Island Charter Of Rights, Suzanne Egan, Rachel Murray
Fordham International Law Journal
One of the most striking outcomes of the Good Friday/Belfast Agreement ("Agreement") was the extent to which the establishment of human rights institutions and mechanisms was brought center-stage into the shaping of the political settlement. The dynamic talks process that led to the signing of the Agreement resulted in an extensive range of obligations in regard to human rights on the part of the Irish and British governments, many of which were implemented very soon afterwards. Paragraph 10 of the "Rights, Safeguards and Equality of Opportunity" section of the Agreement makes mention of a trans-jurisdictional human rights initiative that would …
Introduction: A Tribute To Jean-Claude Piris, Director-General Of The Legal Service Of The Council Of The European Union,
2011
Fordham Law School
Introduction: A Tribute To Jean-Claude Piris, Director-General Of The Legal Service Of The Council Of The European Union, Roger J. Goebel
Fordham International Law Journal
On the occasion of his retirement, the Fordham International Law Journal is dedicating this issue on topics concerning European Union law to Jean-Claude Piris, who brilliantly served as Director-General of the Legal Service of the Council for the last twenty-three years. The Legal Service, currently composed of around 120 lawyers, not only provides legal advice to the Council itself and all of its supporting committees and staff, but also reviews all draft legislation and other legal acts of the European Union and represents the Council in proceedings before the Court of Justice of the European Union.
Mediation To Resolve The Bedouin-Israeli Government Dispute For The Negev Desert,
2011
Fordham Law School
Mediation To Resolve The Bedouin-Israeli Government Dispute For The Negev Desert, Sarah S. Matari
Fordham International Law Journal
In Part I, this Note elaborates on the rights that indigenous persons have to ancestral land and the sources of international law that support those rights. Part I also discusses the alternative dispute resolution process of mediation and the customary discouragement of mediation between parties with a power imbalance. Part II explores whether the Negev Bedouins and Israeli government should pursue mediation to resolve their land dispute and generally addresses techniques used to monitor mediation sessions between parties with a power imbalance. Part III explores why mediation is better suited to resolve the Israeli government-Negev Bedouin land dispute than is …
Nonproliferation Verification And The Nuclear Test Ban Treaty,
2011
Fordham Law School
Nonproliferation Verification And The Nuclear Test Ban Treaty, Jenifer Mackby
Fordham International Law Journal
President Obama's administration has ushered in a banner period for nuclear issues, and the Comprehensive Nuclear Test-Ban Treaty ("CTBT") has figured prominently among them. In his benchmark April 2009 speech in Prague calling for the elimination of nuclear weapons, President Obama added that his administration would "immediately and aggressively" pursue US ratification of the treaty. In September, President Obama presided over the United Nations ("UN") Security Council summit meeting that adopted Resolution 1887, which "enshrines our shared commitment to the goal of a world without nuclear weapons" and also calls on states to "refrain from conducting a nuclear test explosion …
The Human Right To Health And Hiv/Aids: South Africa And South-South Cooperation To Reframe Global Intellectual Property Principles And Promote Access To Essential Medicines,
2011
Boston University School of Law
The Human Right To Health And Hiv/Aids: South Africa And South-South Cooperation To Reframe Global Intellectual Property Principles And Promote Access To Essential Medicines, Erika George
Faculty Scholarship
The HIV/AIDS pandemic has had a devastating and disproportionate impact in countries of the Global South. The experience of an individual infected with HIV in Africa is very different than that of an individual infected with HIV in America. Life expectancy varies sharply. The ability or inability to access medicines essential for treatment accounts for much of the variance. This article examines how the rhetoric of human rights used in the context of South Africa's AIDS crisis resonated across the Global South, resulted in a powerful social movement for access to medicines, and contributed to important changes in international intellectual …
When Men Are Harmed: Feminism, Queer Theory, And Torture At Abu Ghraib,
2011
Boston University School of Law
When Men Are Harmed: Feminism, Queer Theory, And Torture At Abu Ghraib, Aziza Ahmed
Faculty Scholarship
In this Article I explore the assertions of "anti-imperialist" feminist scholars who critique "imperial feminism" for its support of the war on terror (WOT). I bring into this analysis the proposition by queer theorists that feminist reliance on male/ female subordination has the potential to not only obscure harm in times of war but also to perpetuate it. As a case study, I focus on the Abu Ghraib prison photos that depict, in part, female soldiers torturing male Iraqi prisoners. In conducting this analysis, I reveal the analytical limitations of dominance and cultural feminists, particularly with regard to male harm …
Navigating The Global Health Terrain: Mapping Global Health Diplomacy,
2011
Indiana University Maurer School of Law
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 …
Regulating Information Flows, Regulating Conflict: An Analysis Of United States Conflict Minerals Legislation,
2011
Indiana University Maurer School of Law
Regulating Information Flows, Regulating Conflict: An Analysis Of United States Conflict Minerals Legislation, Christiana Ochoa, Patrick J. Keenan
Articles by Maurer Faculty
The connection between conflict and commercial activity is the focus of this paper. In particular, it focuses on the ongoing conflict in the Eastern Democratic Republic of Congo (DRC) that is funded, in large part, by the sale of conflict commodities – minerals, metals and petroleum that fund violent groups at their source and then enters legitimate markets and products around the world. Recently, attention has turned to how to regulate conflict commerce as a tool for divesting from violent conflict. In the United States, for example, the recently-adopted Dodd-Frank Wall Street Reform and Consumer Protection Act include a provision …
Let's Not Kill All The Privacy Laws (And Lawyers),
2011
Indiana University Maurer School of Law
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.
Muslims In A Secular State: Islamic Law And Constitutions Islam In America,
2011
University of Maryland Francis King Carey School of Law
Muslims In A Secular State: Islamic Law And Constitutions Islam In America
University of Maryland Law Journal of Race, Religion, Gender and Class
No abstract provided.
Conflict, Climate Change, And Environmental Catastrophe: How Mediators Can Help Save The Planet,
2011
Yeshiva University, Cardozo School of Law
Conflict, Climate Change, And Environmental Catastrophe: How Mediators Can Help Save The Planet, Kenneth Cloke
Cardozo Journal of Conflict Resolution
The recent oil spill by British Petroleum in the Gulf of Mexico highlights an escalating set of difficulties in our responses to environmental catastrophes, with echoes that resonate and reverberate with experiences responding to Hurricane Katrina in New Orleans, earthquakes in Haiti and Peru, firestorms in Russia, flooding in Pakistan, the tsunami in Indonesia, and others.
International Advocate For Peace Award Acceptance Speech,
2011
Yeshiva University, Cardozo School of Law
International Advocate For Peace Award Acceptance Speech, Abigail E. Disney
Cardozo Journal of Conflict Resolution
In a few weeks, we will all be gathering around our mothers to celebrate one of the most shamelessly trumped-up, commercialized and corny-and I might add, one of my very favorite-holidays on the American calendar: Mother's Day. I do not want to sound cynical; it is truly a wonderful thing for us to stop and honor those women in our lives who have shaped us, for better or for worse. And who does not love a little tribute made out of glitter and doilies and Elmer's glue?
Red Card Racism: Using The Court Of Arbitration For Sport (Cas) To Prevent And Punish Racist Conduct Perpetrated By Fans Attending European Soccer Games,
2011
Benjamin N. Cardozo School of Law
Red Card Racism: Using The Court Of Arbitration For Sport (Cas) To Prevent And Punish Racist Conduct Perpetrated By Fans Attending European Soccer Games, Alexander Wynn
Cardozo Journal of Conflict Resolution
This Note proceeds in three sections. Part I describes the extent to which racism infects European soccer, the processes by which Uefa addresses violations of the Uefa Statutes and CAS' contributions to sports mediation and arbitration. Part II contextualizes Uefa's governing authority within statutory and case law from the E.U. and the United Kingdom [hereinafter "U.K."] as legal frameworks through which to explore possible reasons why Uefa rarely imposes substantial sanctions on member associations or teams whose fans perpetrate racist acts. Finally, Part III explores the reasons why CAS is better able to address and punish racism in European soccer …
Apportioning Responsibility Among Joint Tortfeasors For International Law Violations,
2011
Notre Dame Law School
Apportioning Responsibility Among Joint Tortfeasors For International Law Violations, Roger P. Alford
Journal Articles
With the new wave of claims against corporations for human rights violations – particularly in the context of aiding and abetting government abuse – there are unusually difficult problems of joint tortfeasor liability. In many circumstances, one tortfeasor – the corporation – is a deep-pocketed defendant, easily subject to suit, but only marginally involved in the unlawful conduct. Another tortfeasor – the sovereign – is a central player in the unlawful conduct, but, with limited exceptions, is immune from suit under the Foreign Sovereign Immunities Act. A third tortfeasor – the low-level security personnel – accused of actually committing the …
Assessing The African Union Concerns About Article 16 Of The Rome State Of The International Criminal Court,
2011
Florida International University College of Law
Assessing The African Union Concerns About Article 16 Of The Rome State Of The International Criminal Court, Charles Chernor Jalloh, Dapo Akande, Max Du Plessis
Faculty Publications
This article assesses the African Union’s (AU) concerns about Article 16 of the Rome Statute of the International Criminal Court (ICC). It seeks to articulate a clearer picture of the law and politics of deferrals within the context of the AU’s repeated calls to the United Nations Security Council (UNSC, or the Council) to invoke Article 16 to suspend the processes initiated by the ICC against President Omar Al Bashir of Sudan. The UNSC’s failure to accede to the AU request led African States to formally withhold cooperation from the ICC in respect to the arrest and surrender of the …
The Self-Judging Wto Security Exception,
2011
Notre Dame Law School
The Self-Judging Wto Security Exception, Roger P. Alford
Journal Articles
This Article analyzes the WTO security exception, with a particular focus on State practice. In the absence of any GATT or WTO jurisprudence, State practice affords the best vehicle to understand the meaning of Article XXI. In the few instances when invocation of the security exception has been challenged, State practice suggests that the security exception is not judicially reviewable.
A critical question emerges from this analysis of State practice. If a Member State can avoid WTO obligations through a self-judging security exception, what is to prevent bad faith invocations? The WTO regime includes a number of devices to address …
Criminalized State: The International Criminal Court, The Responsibility To Protect, And Darfur, Republic Of Sudan,
2011
Western New England University School of Law
Criminalized State: The International Criminal Court, The Responsibility To Protect, And Darfur, Republic Of Sudan, Matthew H. Charity
Faculty Scholarship
The international community continues to struggle with the question of what to do when a nation fails to protect its own people from systemic neglect, mistreatment, or even genocide. For many years, this debate pitted proponents of humanitarian intervention by a third-party against those who believe that all others must defer to the sovereign right of the state to control its own affairs and the affairs of its people. In the midst of this debate, the international community has adopted a middle road: insisting that states must acknowledge their responsibility to protect their populations and if the state manifestly fails …
