Principled Humanitarian Organizations And The Use Of Force: Is There Space To Speak Out?,
2015
Senior Humanitarian Advisor, Oxfam America
Principled Humanitarian Organizations And The Use Of Force: Is There Space To Speak Out?, Scott Paul, Elizabeth Holland
International Human Rights Law Journal
Humanitarian organizations are fundamentally concerned with addressing the suffering of civilians. The decision by an armed actor to resort to force can result in greater protection or greater harm, and has at least as significant an impact on civilian lives as any decision made during the conduct of hostilities. Yet, humanitarian organizations rarely publicly advocate for or against the use of force. This article explores the perceived and actual limitations that humanitarian principles place on the public advocacy of humanitarian organizations regarding the recourse to force. It begins with a discussion of the relevant legal framework and explication of the …
Transitional Justice In Sri Lanka: Rethinking Post-War Diaspora Advocacy For Accountability,
2015
Robert L. Bernstein International Human Rights Fellow at the Center for Justice and Accountability
Transitional Justice In Sri Lanka: Rethinking Post-War Diaspora Advocacy For Accountability, Mytili Bala
International Human Rights Law Journal
Sri Lanka’s 26-year civil war against the Liberation Tigers of Tamil Eelam came to a bloody end in May 2009, amidst allegations of war crimes and crimes against humanity on both sides. Since then, Tamils in the diaspora, long accused of funding the war, have become vocal proponents for war crimes accountability. Some might label certain forms of diaspora advocacy as “lawfare” or “long-distance nationalism.” However, these labels fail to account for the complex memories and identities that shape diaspora advocacy for accountability today. In order for Sri Lanka to move forward from decades of conflict, transitional justice mechanisms to …
Chief Justice Maureen O'Connor: A Legacy Of Judicial Independence,
2015
The University of Akron
Chief Justice Maureen O'Connor: A Legacy Of Judicial Independence, Pierce J. Reed
Akron Law Review
An introduction to a special edition of the Akron Law Review, which celebrates the work of Chief Justice Maureen O'Connor during her first decade as a member of the Supreme Court of Ohio.
When Rights Work: Fragile Networks, Improbable Discourses And Unpredictable Globalizations Of Law - A Contemporary Thai Case Study,
2015
New York Law School
When Rights Work: Fragile Networks, Improbable Discourses And Unpredictable Globalizations Of Law - A Contemporary Thai Case Study, Frank W. Munger
Articles & Chapters
This is a case study of the legal practice of a young Thai “cause lawyer.” The study joins a growing number by other scholars who are skeptical of global convergence on a single form of the “rule of law,” and who argue instead that legal development in the new states of Asia and elsewhere will be path-dependent. Though this research examines advocacy by a relatively small group of practitioners, I argue that the study, together with my other case studies of social justice practitioners challenging the authority of government in different ways, provides a window on the development of law’s …
The Rhetoric Of Constitutional Absolutism,
2015
William & Mary Law School
The Rhetoric Of Constitutional Absolutism, Eric Berger
William & Mary Law Review
Though constitutional doctrine is famously unpredictable, Supreme Court Justices often imbue their constitutional opinions with a sense of inevitability. Rather than concede that evidence is sometimes equivocal, Justices insist with great certainty that they have divined the correct answer. This Article examines this rhetoric of constitutional absolutism and its place in our broader popular constitutional discourse. After considering examples of the Justices’ rhetorical performances, this Article explores strategic, institutional, and psychological explanations for the phenomenon. It then turns to the rhetoric’s implications, weighing its costs and benefits. This Article ultimately argues that the costs outweigh the benefits and proposes a …
Symposium - The 9 Billion People Question: The Challenge Of Global Resource Scarcity,
2015
Penn State Dickinson Law
Symposium - The 9 Billion People Question: The Challenge Of Global Resource Scarcity
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Food As A Key Resource For Security And Stability: Implications Of Changes In The Global Food System 1950-2000,
2015
Penn State Dickinson Law
Food As A Key Resource For Security And Stability: Implications Of Changes In The Global Food System 1950-2000, Bryan L. Mcdonald
Penn State Journal of Law & International Affairs (2012 - Present)
Food security remains an urgent problem affecting the national security and interests of states, as well as the human security of people and communities around the world. This article examines the changing landscape of food security threats and vulnerabilities by examining three sets of concerns that are converging to amplify, disrupt, and transform food relations: nutrition, food safety, and global environmental change. Ensuring food security will require utilization of a range of capabilities from the state, private, and non-state sectors to confront world food problems and build a sustainable and resilient world food network.
World Poverty And Food Insecurity,
2015
Penn State Dickinson Law
World Poverty And Food Insecurity, Carmen G. Gonzalez
Penn State Journal of Law & International Affairs (2012 - Present)
The article draws upon the insights of Yale philosopher Thomas Pogge to suggest a way that we might think about the structural inequities in the global economic order that produce food insecurity. The article argues that chronic undernourishment is not a function of food scarcity, bad weather, or simply bad luck. Rather, it is a function of international political and economic arrangements that systematically benefit the wealthy at the expense of the poor. The article concludes with several legal and policy reforms that the United States and the European Union can adopt to reduce the burdens that our societies place …
The Future Of Food Assistance: Opportunities And Challenges,
2015
Penn State Dickinson Law
The Future Of Food Assistance: Opportunities And Challenges, Erin Lentz
Penn State Journal of Law & International Affairs (2012 - Present)
The past decade has seen a radical remaking of direct food security interventions and an expanded understanding of preventing undernutrition. Today, there are more food assistance choices; researchers have identified the first 1000 days as a critical window for life-long cognitive development and health outcomes; and our understanding of the value of more tailored, nutritionally-specific interventions has expanded. The opportunities resulting from these findings can generate more effective food assistance programs. However, benefits from these findings will only be achieved if policymakers and practitioners clarify and prioritize among objectives and seek ways to build greater programming flexibility into the current …
The World Trade Organization Agreement On Agriculture And World Food Security,
2015
Penn State Dickinson Law
The World Trade Organization Agreement On Agriculture And World Food Security, David Blandford
Penn State Journal of Law & International Affairs (2012 - Present)
This article discusses the nature of food insecurity in poor countries, its causes, and how these can be addressed. Disciplines are imposed on domestic agricultural policies through World Trade Organization (WTO) agreements, in particular the Agreement on Agriculture (AoA), resulting from the Uruguay Round negotiations that were completed in 1994. The AoA provides considerable flexibility for countries to pursue a range of economically efficient policies aimed at food security objectives. However, it limits the use of some policy measures, such as price supports and input subsidies, that can be costly and inefficient, and also has negative environmental consequences. There is …
Land Is Not The New Oil: What The Nigerian Oil Experience Can Teach South Sudan About Balancing The Risks And Benefits Of Large Scale Land Acquisition,
2015
Penn State Dickinson Law
Land Is Not The New Oil: What The Nigerian Oil Experience Can Teach South Sudan About Balancing The Risks And Benefits Of Large Scale Land Acquisition, Scott P. Stedjan
Penn State Journal of Law & International Affairs (2012 - Present)
Recent global food price volatility combined with the growing use of agricultural land to produce biofuels has sparked a global scramble for land, with Sub-Saharan African countries serving as the main targets for investors. Derided as “land-grabbing” by those opposed to the practice, the phenomenon of large-scale acquisition of farmland by governments and private investors sparked a global debate since the global food crisis of 2008. Although international investment in agriculture plays a vital role in development and poverty reduction, large scale international investment poses some serious risks to both communities and international investors. Because there are no signs of …
Not In My Backyard: Unconventional Gas Development And Local Land Use In Pennsylvania And Alberta, Canada,
2015
Penn State Dickinson Law
Not In My Backyard: Unconventional Gas Development And Local Land Use In Pennsylvania And Alberta, Canada, Nathaniel L. Foote
Penn State Journal of Law & International Affairs (2012 - Present)
Pennsylvania has struggled with rapid expansion in the state's unconventional oil and gas sector with the development of the Marcellus Shale formation. Likewise, Alberta, Canada has experienced similar growth. Yet Pennsylvania and Alberta's approaches to local land use and resource extraction differ considerably. This paper discusses each region's experience with oil and gas development, and contrasts their approaches to land use regulation in this context. The paper concludes that the Canadians' approach holds important lessons for Pennsylvania.
Foreword,
2015
Penn State Dickinson Law
Foreword, Scott P. Stedjan
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Geopolitics Of Resource Scarcity,
2015
Penn State Dickinson Law
Geopolitics Of Resource Scarcity, Kent Hughes Butts
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
From Scarcity To Abundance: The Changing Dynamics Of Energy Conflict,
2015
Penn State Dickinson Law
From Scarcity To Abundance: The Changing Dynamics Of Energy Conflict, Michael T. Klare
Penn State Journal of Law & International Affairs (2012 - Present)
Energy security and geopolitics have played a pivotal role in international affairs for a very long time, ever since the development of oil-powered vehicles and weapons of war. Until recently, the geopolitics of energy have largely been governed by perceptions of scarcity—the assumption that oil and other energy reserves were relatively limited, and that competition over their exploitation would lead to recurring crisis and conflict. However, the recent utilization of advanced extractive technologies—including deep-sea drilling and hydraulic fracturing—have resulted in unexpected production gains and fostered a sense that abundance, rather than scarcity, will govern the future energy picture. …
U.S. Aid To Agriculture: Shifting Focus From Production To Sustainable Food Security,
2015
Penn State Dickinson Law
U.S. Aid To Agriculture: Shifting Focus From Production To Sustainable Food Security, Marc J. Cohen
Penn State Journal of Law & International Affairs (2012 - Present)
Since the 1960s, agriculture has waxed and waned as a key theme of U.S. international development assistance. In the 1970s, the United States and other donors focused on “growing the pile of food” through the use of high-yielding cereal grain varieties, mineral fertilizer, and synthetic pesticides in developing countries—the Green Revolution. This led to huge productivity increases and lower food prices in Asia and Latin America. But donors paid less attention to questions of equity, environmental sustainability, and gender equality. Due to increased food availability at lower prices, the United States and other donors reduced their focus on aid to …
Global Hunger And The World Trade Organization: How The International Trade Rules Address Food Security,
2015
Penn State Dickinson Law
Global Hunger And The World Trade Organization: How The International Trade Rules Address Food Security, Terence P. Stewart, Stephanie Manaker Bell
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Qualified Immunity, Constitutional Stagnation, And The Global War On Terror,
2015
Northwestern Pritzker School of Law
Qualified Immunity, Constitutional Stagnation, And The Global War On Terror, Sarah L. Lochner
Northwestern University Law Review
No abstract provided.
Anarchy, Status Updates, And Utopia,
2015
University of Maryland Francis King Carey School of Law
Anarchy, Status Updates, And Utopia, James Grimmelmann
Faculty Scholarship
Social software has a power problem. Actually, it has two. The first is technical. Unlike the rule of law, the rule of software is simple and brutal: whoever controls the software makes the rules. And if power corrupts, then automatic power corrupts automatically. Facebook can drop you down the memory hole; Paypal can garnish your pay. These sovereigns of software have absolute and dictatorial control over their domains.
Is it possible to create online spaces without technical power? It is not, because of social software’s second power problem. Behind technical power there is also social power. Whenever people come together …
Initial Reflections On An Interdisciplinary Approach To Rule Of Law Studies,
2015
University of Miami School of Law
Initial Reflections On An Interdisciplinary Approach To Rule Of Law Studies, Joel H. Samuels
Articles
In this essay, we attempt to lay the initial groundwork for a clearer understanding of rule of law both as a concept and as a distinct field. We respond to the assertions that the rule of law field is non-existent or incoherent, and assert that a field of rule of law is not impossible to ascertain. First, we survey how rule of law - as both a term and a state of political being - is understood by practitioners and scholars, as well as how scholars reconcile the lack of a clear, widely universal understanding of the concept of rule …
