| Author | Title | Citation | Summary | Year | Key Term |
| Lauren van Schilfgaarde |
(UN)VANISHING THE TRIBE |
66 Arizona Law Review 409 (Summer, 2024) |
The U.S. Supreme Court has revived century-old rhetoric that frames Tribal sovereignty as vanishing. The logic in this reasoning is often cloaked behind concerns for states' equal footing and interests. But once the veneer is removed, the Court's reliance upon what I term the vanishing Tribe trope reveals a lawless foundation and ultimately harms... |
2024 |
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| Yuval Schnitkes |
ABORT THE BANS: POST-DOBBS UNITED STATES IS IN VIOLATION OF INTERNATIONAL LAW |
33 Southern California Review of Law & Social Justice 1 (Winter, 2024) |
C1-2TABLE OF CONTENTS I. INTRODUCTION. 2 II. BACKGROUND. 8 A. Individuals as Subjects Under International Law. 8 B. International Human Rights Law and Reproductive Justice. 10 C. History of Reproductive Justice in the United States. 14 III. THE UNITED STATES' OBLIGATIONS UNDER INTERNATIONAL LAW. 16 A. The United States Is Responsible for Its... |
2024 |
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| Nurbanu Hayır |
AGGRESSOR STATE, AGGRESSOR INDIVIDUAL, AND WHAT INTERNATIONAL LAW DOES/SHOULD PROTECT |
45 Michigan Journal of International Law 487 (2024) |
This note examines the measures taken against Russian citizens in the context of the Russo-Ukrainian War in positive international law and analyzes the rationale for sanctioning individual citizens of an aggressor state. It questions whether the gravity of state aggression by Russia enables measures targeting individuals based solely on their... |
2024 |
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| Rabiat Akande |
AN IMPERIAL HISTORY OF RACE-RELIGION IN INTERNATIONAL LAW |
118 American Journal of International Law 1 (January, 2024) |
More than half a century after the UN's adoption of the International Convention on the Prohibition of All Forms of Racial Discrimination, a debate has emerged over whether to extend the Convention's protections to religious discrimination. This Article uses history to intervene in the debate. It argues that racial and religious othering were... |
2024 |
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| Lauri Malksoo , University of Tartu (Estonia) |
APPLICATION OF THE INTERNATIONAL CONVENTION FOR THE SUPPRESSION OF THE FINANCING OF TERRORISM AND OF INTERNATIONAL CONVENTION ON THE ELIMINATION OF ALL FORMS OF RACIAL DISCRIMINATION (UKRAINE v. RUSSIAN FEDERATION), JUDGMENT. AT HTTPS://WWW.ICJ-CIJ.ORG/SITES/DEFAULT/FILES/CASE-RELATED/166/166-20240131-JUD-01-00-EN.PDF. INTERNATIONAL COURT OF JUSTICE, JANUARY 31, 2024 |
118 American Journal of International Law 519 (July, 2024) |
The dispute in Ukraine v. Russian Federation was based on two conventions: the International Convention for the Suppression of the Financing of Terrorism (ICSFT) of 1999 and the International Convention on the Elimination of All Forms of Racial Discrimination of 1965 (CERD). In its judgment, the International Court of Justice (ICJ) rejected most of... |
2024 |
Yes |
| Ewa Rejman |
CHILD MIGRANT WORKERS: THE INVISIBLE CHILDREN? |
52 Denver Journal of International Law and Policy 255 (Spring, 2024) |
From February to December 2023, The New York Times published a series of investigative articles on child migrant workers who take jobs that are off-limits to American children and simply disappear from the system while companies and government officials continued to shift blame to avoid responsibility. This case study serves as a starting point... |
2024 |
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| Sara L. Ochs |
CONFRONTING LEGACIES OF INDIGENOUS INJUSTICE: LESSONS FROM SWEDEN |
54 Seton Hall Law Review 641 (2024) |
The past decade has brought global efforts by settler colonial states to provide healing and justice for past and ongoing harms against Indigenous communities. Many of these efforts have manifested in the creation of truth commissions, nonjudicial entities which seek to establish a reliable historical record of harm, promote reconciliation, and... |
2024 |
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| R. Denisse Córdova Montes, Heather Retberg, Photini Kamvisseli Suarez |
CONSTITUTIONALIZING THE HUMAN RIGHT TO FOOD IN MAINE: A PEOPLE'S TOOL TO ADVANCE FOOD SOVEREIGNTY IN THE UNITED STATES |
76 Maine Law Review 229 (June, 2024) |
Abstract Introduction I. The Road to Constitutionalizing the Right to Food in Maine A. The Food Safety Modernization Act and Downward Pressure on Maine's Local Food System B. Local Participation of Farmers in Food System Legal Structures and the Birth of the Food Sovereignty Movement in Maine C. Connecting Locally and Globally to Strengthen the... |
2024 |
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| Kai Ambos |
CRIMINAL "APARTHEID" IN THE OCCUPIED PALESTINIAN TERRITORY?: A CALL FOR A MORE NUANCED APPROACH FROM THE PERSPECTIVE OF INTERNATIONAL CRIMINAL LAW |
47 Fordham International Law Journal 485 (September, 2024) |
This is a legal doctrinal inquiry into the claim that Israel's policies and practices in the Occupied Palestinian Territory (OPT) constitute apartheid. Its purpose is to provide a more nuanced analysis which more clearly distinguishes between legal/doctrinal and political/policy arguments. While the popular, non-legal use of the apartheid claim... |
2024 |
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| Hinako Takata, Graduate School of International Public Policy, Osaka University, Japan, Emails: hinako.n.takata@gmail.com; takata@osipp.osaka-u.ac.jp |
DISSECTING STAKEHOLDER PARTICIPATION IN UN HUMAN RIGHTS TREATY BODY ACTIVITIES WITH NORMATIVE AND EMPIRICAL APPROACHES: A COMPARISON OF NGO AND NHRI PARTICIPATION |
25 German Law Journal 237 (March, 2024) |
(Received 03 July 2023; accepted 30 August 2023; first published online 28 February 2024) By addressing the question Are the roles and values of stakeholder participation qualitatively different for non-governmental organizations (NGOs) and national human rights institutions (NHRIs), and if so, how? this article dissects stakeholder participation... |
2024 |
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| John H. Knox , Nicole Tronolone |
ENVIRONMENTAL JUSTICE AS ENVIRONMENTAL HUMAN RIGHTS |
57 Vanderbilt Journal of Transnational Law 153 (January, 2024) |
For many years, the environmental justice movement in the United States and the evolution of international human rights law concerning the environment have pursued parallel but separate paths, only occasionally noting that they share common concerns. This Article seeks to build a stronger bridge between them, in three ways. First, it presents the... |
2024 |
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| Luis Moreno Ocampo |
EXPERT OPINION: GENOCIDE AGAINST ARMENIANS IN 2023 |
57 Vanderbilt Journal of Transnational Law 1595 (November, 2024) |
C1-2Table of Contents I. Introduction. 1596 A. Genocide in Nagorno-Karabakh in 2023. 1596 B. Could President Aliyev be Investigated by the International Criminal Court?. 1597 C. How to Prevent the Final Destruction of the Armenian Group. 1598 II. Background. 1600 A. History. 1600 1. War in 1992/1994. 1600 2. War in 2022 and the Trilateral... |
2024 |
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| Andrew B. Reid |
HAALAND v. BRACKEEN: THE INDIAN CHILD WELFARE ACT, STATES' RIGHTS, AND THE SURVIVAL OF AMERICA'S FIRST PEOPLES AND NATIONS |
101 Denver Law Review 349 (Winter, 2024) |
At the end of its 2023 term, the United States Supreme Court issued a long-awaited decision on the Indian Child Welfare Act, Haaland v. Brackeen. The Court was presented with the direct conflict between three well-established bodies of constitutional law: (1) the right of individuals against racial discrimination, (2) the rights reserved by the... |
2024 |
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| Adi Gal |
HUMAN REMEDIES |
65 Harvard International Law Journal 387 (Spring, 2024) |
Since its inception, the human rights movement has concentrated on rights, whereas remedies have remained peripheral. Human rights conventions, courts, and nongovernmental organizations have theorized, analyzed, and sought to internationalize rights, but remedies have been treated as an afterthought. While the human rights movement has taken a key... |
2024 |
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HUMAN RIGHTS DEVOLUTION: INTEGRATING INTERNATIONAL LAW INTO STATE ABORTION GOVERNANCE |
137 Harvard Law Review 2342 (June, 2024) |
After Dobbs v. Jackson Women's Health Organization, states and cities passed an array of laws, constitutional amendments, and ordinances regulating abortion. Recent scholarship has questioned the Dobbs decision's implications under treaties and customary international law as well as analyzed the avenues for international human rights in domestic... |
2024 |
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| Olivia S. Callan |
HUMAN RIGHTS IN TEXAS: ANALYZING OPERATION LONE STAR THROUGH A HUMAN RIGHTS FRAMEWORK |
34 Duke Journal of Comparative & International Law 265 (Spring, 2024) |
In 2021, Texas Governor Greg Abbott launched Operation Lone Star (OLS) under the guise of border security. For over three years, OLS has threatened the lives of migrants and U.S. citizens alike. While advocates have primarily challenged OLS under U.S. state and federal law, this Note examines arguments based on the U.S.'s international treaty... |
2024 |
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| Federico Lenzerini |
INDIGENOUS PEOPLES' CULTURAL HERITAGE AND INTERNATIONAL LAW: A TALE OF WRONGS AND OF STRUGGLE FOR SURVIVAL AND RENAISSANCE |
32 Michigan State International Law Review 57 (2024) |
For Indigenous Peoples, cultural heritage represents the very essence of the Circle of Life, a strong, powerful symbol incorporating all the basic foundations of life. Consistent with the holistic vision of life characterizing most Indigenous communities, the concept of Indigenous heritage is very broad, encompassing virtually all elements of... |
2024 |
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| Tamar Ezer, Elizabeth Brundige, Aya Fujimura-Fanselow, Ryan Thoreson |
INTEGRATING HUMAN RIGHTS IN DOMESTIC CLINICAL PRACTICE |
30 Clinical Law Review 345 (Spring, 2024) |
Given that the human rights framework contains a rich and evolving body of norms and standards, integrating human rights law into clinical teaching provides new avenues to approach problem-solving. A human rights framework offers additional sources to ground moral and legal claims, as well as new strategies and advocacy targets. These alternatives... |
2024 |
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| Ngoc Son Bui |
INTERNATIONAL HUMAN RIGHTS LAW IN ASIAN CONSTITUTIONS |
34 Duke Journal of Comparative & International Law 207 (Spring, 2024) |
International law is integrated into national constitutions across the world. Particularly, the convergence of national constitutions with international human rights (IHR) law has been a global trend. Asia has been underexplored in the global scholarship on constitutional convergence. This Article seeks to make both theoretical and empirical... |
2024 |
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| Harold Hongju Koh |
INTERNATIONAL LAW IN THE RUSSIA-UKRAINE WAR KEYNOTE ADDRESS |
84 Ohio State Law Journal 1125 (2024) |
C1-2Table of Contents I. The Spectrum of International Law Issues. 1126 II. Precursors: History of the Conflict. 1129 III. The Legal Strategy as Part of Ukraine's Grand Strategy. 1148 IV. The Road Ahead. 1156 V. Conclusion. 1162 |
2024 |
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| Jens T. Theilen |
INTERSECTIONALITY'S TRAVELS TO INTERNATIONAL HUMAN RIGHTS LAW |
45 Michigan Journal of International Law 233 (2024) |
Over the last two decades, references to intersectionality have become increasingly common in international human rights law. Many human rights bodies now make use of intersectionality in some form, and scholars propose more widespread and in-depth intersectional analysis as a way to better capture how human rights are realized or violated. Against... |
2024 |
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| S. James Anaya , Adrien K. Wing |
INTRODUCTION TO THE SYMPOSIUM ON RABIAT AKANDE, "AN IMPERIAL HISTORY OF RACE-RELIGION IN INTERNATIONAL LAW" |
118 AJIL Unbound 103 (2024) |
Global efforts are underway to formulate a protocol to the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) that would extend its protections to religious discrimination. With momentum coming from national and international levels, the effort seeks an intersectional approach to address what Rabiat Akande... |
2024 |
Yes |
| Dewi Carolina Zamora Mendoza |
LA RELACIÓN ENTRE LA DISCRIMINACIÓN RACIAL Y LOS DERECHOS HUMANOS EN EL SISTEMA INTERAMERICANO DE DERECHOS HUMANOS: ESTÁNDARES ESTABLECIDOS VINCULADOS AL PRINCIPIO DE IGUALDAD Y NO DISCRIMINACIÓN |
39 American University International Law Review 547 (2024) |
I. INTRODUCCIÓN. 548 II. ALCANCES DEL PRINCIPIO DE IGUALDAD Y NO DISCRIMINACIÓN. 552 III. ESTÁNDARES DE ACUERDO CON LOS INSTRUMENTOS DEL SISTEMA INTERAMERICANO DE DERECHOS HUMANOS. 555 A. Declaración Americana de los Derechos y Deberes del Hombre. 555 B. Convención Americana sobre Derechos Humanos. 557 C. Convención Interamericana contra el... |
2024 |
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| Trent Wallace |
MAU FOREST EVICTIONS IN KENYA: HOW AN INTERNATIONAL TRIBUNAL'S AFFIRMATION OF INDIGENOUS RIGHTS DIFFERS FROM FEDERAL INDIAN LAW IN THE UNITED STATES |
34 Indiana International & Comparative Law Review 309 (2024) |
Many proponents of Indigenous rights in the United States advocate for the domestic legal system to adopt international law standards to strengthen the rights of American Indians and Tribes. This proposition assumes that domestic law is inconsistent with international law standards. In this Note, the author contrasts a recent decision from an... |
2024 |
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| Sarah Brody |
MONITORING FRANCE'S PERFORMANCE UNDER THE STRATEGIC ACTION PLAN FOR ROMA AND TRAVELLER INCLUSION (2020-2025) |
30 Cardozo Journal of Equal Rights & Social Justice 425 (Winter, 2024) |
C1-2Table of Contents Introduction. 426 I. Background. 428 A. International Obligations. 428 B. Strategic Action Plan for Roma and Traveller Inclusion (2020-2025). 431 C. Gens du voyage and France's Lack of Recognition. 433 II. Legal Analysis. 437 III. Proposal. 442 A. Recognition of Minorities. 442 B. Housing and Freedom of Movement. 443... |
2024 |
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| Ilias Bantekas |
NATIONALITY AND NATURALIZATIONS IN INTERNATIONAL SPORTS LAW: SPORTS FEDERATIONS AS GATEKEEPERS |
7 Cardozo International & Comparative Law Review 867 (Summer, 2024) |
The institutional rules of International Sports Federations (IFs) and the International Olympic Committee (IOC) concerning nationality and its transfer therein are regulated by the Nottebohm safeguard, which requires the conferral of nationality under domestic laws to be consistent with international law for the conferral to be valid in the... |
2024 |
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| Dan Bodansky |
NITPICKING JUSTICE |
38 Temple International and Comparative Law Journal 141 (Spring, 2024) |
When legal niceties get in the way of justice, which should give? The answer might seem obvious: how could it be appropriate to insist on upholding legal technicalities when justice is at stake? But legal technicalities such as jurisdiction and standing are at least part of what makes law a distinctive enterprise, separate from morality. So, if... |
2024 |
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| Rachel Crass |
NOT WOMAN ENOUGH: HOW WORLD ATHLETICS' TREATMENT OF WOMEN WITH DIFFERENCES IN SEXUAL DEVELOPMENT VIOLATES THE OLYMPIC CHARTER AND THE UN'S CONVENTIONS AGAINST RACIAL DISCRIMINATION AND DISCRIMINATION AGAINST WOMEN |
52 Denver Journal of International Law and Policy 315 (Spring, 2024) |
In 1966, in response to growing fears that men would attempt to pose as women to win medals in elite competition, the International Olympic Committee (IOC) began gender testing all female athletes through various visual and gynecological evaluations. These tests were quickly deemed to be too invasive and were replaced by other chemical and genetic... |
2024 |
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| Ariel Dulitzky |
REDRESSING THE EUROCENTRIC APPROACH OF THE COURT OF ARBITRATION FOR SPORTS TO HUMAN RIGHTS LAW |
34 Marquette Sports Law Review 467 (Spring, 2024) |
Guillermo Willy Cañas, an Argentine professional tennis player who retired in 2010, lived in Buenos Aires, Argentina while being an active player. In 2005, he participated in the Abierto Mexicano de Tenis in Acapulco, Mexico. The tournament was organized by the ATP Tour, a private corporation incorporated in Delaware, USA, which provides that the... |
2024 |
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| Kyrielle Ross |
ROE v. WORLD: HOW NONCOMPLIANCE WITH INTERNATIONAL LAW ERODES AMERICAN ABORTION ACCESS |
47 Suffolk Transnational Law Review 105 (2024) |
The United States has signed and ratified several significant international conventions which affirm women's rights to life and equality, and through those rights, to reproductive healthcare, including abortion access. These affirmed rights are now in jeopardy in the United States. One notable contrivance in antiabortion efforts was the passage of... |
2024 |
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| Moses Lisker |
SHORTCOMINGS OF INTERNATIONAL HUMAN RIGHTS LAW CONCERNING ELECTORAL HATE SPEECH: A MEXICAN CASE STUDY THROUGH THE LENS OF COMPARATIVE LAW |
55 Georgetown Journal of International Law 347 (Winter, 2024) |
When confronting hate speech in the context of elections, the key question is whether the main purpose of restricting electoral hate speech is to stave off antisystem extremists who reject democratic liberalism, or if restrictions on electoral hate speech should shape the confines of mainstream discourse as well. Courts around the world in the... |
2024 |
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| Ariel Dulitzky |
SPORTING AND EXPORTING EUROPEAN HUMAN RIGHTS LAW |
56 New York University Journal of International Law & Politics 535 (Winter, 2024) |
I. Introduction. 536 II. Sports arbitration and the Court of Arbitration for Sport. 540 III. Righting Sports Law. 551 IV. Incorporating human rights policies and standards. 561 V. Sporting European Human Rights Law. 567 A. The ECtHR and CAS. 572 B. Overseeing national sporting disciplinary bodies. 579 C. Doping and the relationship between... |
2024 |
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| Ronald C. Brown |
THE EU-CHINA CAI AND THE UYGHUR CHALLENGE IN THE CONTEXT OF CHINA'S DOMESTIC LAW BARRIERS TO INTERNATIONAL LABOR AND HUMAN RIGHTS STANDARDS |
12 American University Business Law Review 173 (2024) |
While China engages in world commerce as a global player and is signatory to international labor and human rights standards, at the same time it uses treaty reservations and its own domestic laws to limit and undermine the full application of those standards. Concern from Western governments and global human rights groups regarding China's... |
2024 |
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| Dana Zartner, Aparna Venkatesan, John Barentine |
THE RIGHT TO THE NIGHT: NEW LEGAL ADVOCACY STRATEGIES TO ADDRESS TERRESTRIAL LIGHT POLLUTION |
48-FALL Environs Environmental Law and Policy Journal 30 (Fall, 2024) |
We are losing the night. While this may seem like a strange statement, it reflects a growing reality that could severely impact many living things on Earth. The global spread of electric lights, combined with the round-the-clock nature of life and the launch of thousands of satellites, has rapidly lightened our world. Light pollution has... |
2024 |
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| Derek H. Kauanoe |
THE ROLE OF HUMAN RIGHTS IN ADVANCING JUSTICE FOR NATIVE HAWAIIANS: INFUSING INDIGENOUS HUMAN RIGHTS WITH KANAKA MAOLI VALUES |
47 University of Hawaii Law Review 77 (Winter 2024) |
I. Introduction. 79 II. Historical and Legal Background: Hawai'i's Public Land Trust. 87 A. Early Native Hawaiian Land Tenure Grounded in a Special Relationship with Land. 87 B. Protecting Native Land Rights During a Transition to Private Property in the Hawaiian Kingdom. 88 C. Enduring Colonization After the Overthrow Through the Republic of... |
2024 |
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| S. James Anaya |
THE SIGNIFICANCE OF THE UN DECLARATION ON THE RIGHTS OF INDIGENOUS PEOPLES |
118 AJIL Unbound 134 (2024) |
Rabiat Akande's article, An Imperial History of Race-Religion in International Law, persuasively demonstrates the interplay of racial and religious discrimination both historically and today, and argues that this race-religious nexus is not now adequately addressed by international law. Featured in the article is a historical account of the early... |
2024 |
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| Rabea Eghbariah |
TOWARD NAKBA AS A LEGAL CONCEPT |
124 Columbia Law Review 887 (May, 2024) |
The law does not possess the language that we desperately need to accurately capture the totality of the Palestinian condition. From occupation to apartheid and genocide, the most commonly applied legal concepts rely on abstraction and analogy to reveal particular facets of subordination. This Article introduces Nakba as a legal concept to resolve... |
2024 |
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| Katy Malloy |
UKRAINE v. RUSSIA: A CASE FOR CHANGE IN INTERNATIONAL ENFORCEMENT |
65 William and Mary Law Review 1231 (April, 2024) |
C1-2Table of Contents Introduction. 1232 I. Russian Interference. 1234 A. The Annexation of Crimea. 1235 B. Conflict on the International Stage. 1237 C. Allegations of Genocide. 1240 II. All Roads Lead to the Security Council. 1244 A. International Court of Justice. 1247 B. Domestic Prosecutions. 1249 C. International Criminal Court. 1250 D. Ad Hoc... |
2024 |
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| Meredith Elliott Hollman |
"FUNDAMENTAL FAIRNESS": FINDING A CIVIL RIGHT TO COUNSEL IN INTERNATIONAL HUMAN RIGHTS LAW |
57 University of Richmond Law Review 685 (Winter, 2023) |
C1-2Table of Contents Introduction. 686 I. Civil Legal Aid in The United States. 689 A. The Incomplete Rise of the Right to Counsel. 690 B. Forward Progress. 694 II. The Right to Civil Counsel in International and Foreign Law. 696 A. International Treaties Ratified By The United States. 697 1. Universal Declaration of Human Rights (UDHR). 697 2.... |
2023 |
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| Ruchita Jain |
A TRIP TO INEQUITY: HOW THE TRIPS AGREEMENT HINDERS ACCESS TO NEEDED COVID-19 THERAPEUTICS |
2023 Boston College Intellectual Property & Technology Forum 1 (6/1/2023) |
Abstract: The COVID-19 pandemic continues to rage on in much of the world, severely affecting the health of millions. But citizens of high-income nations have accepted the pandemic to be over. The key to ending the pandemic globally across all nations is equal and efficient access to necessary COVID-19 therapeutics, including vaccines. This Article... |
2023 |
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| Lizet Palomera Torres |
A VICIOUS CYCLE: UNITED STATES' FAILURE TO PROTECT IMMIGRANT WOMEN'S REPRODUCTIVE RIGHTS AT THE IRWIN COUNTY DETENTION CENTER |
53 Golden Gate University Law Review 219 (August, 2023) |
[Dr. Amin] jammed the wand into [Y] roughly, causing her excruciating pain. He proceeded to put on a glove and put several fingers inside of her [ ]. When this happened, Y squirmed and said no repeatedly because it hurt-- it felt as if Dr. Amin's fingers were going in too deeply, and they were causing a burning pain. In this moment, Y was reminded... |
2023 |
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| Sydney Chong Ju Padgett |
ABORTION RIGHTS AS (INTER)NATIONAL HUMAN RIGHTS: DOBBS AND THE NONCOMPLIANCE OF U.S. ABORTION POLICIES UNDER INTERNATIONAL HUMAN RIGHTS LAW |
27 Lewis & Clark Law Review 925 (2023) |
The current state of reproductive rights in the United States following Dobbs v. Jackson Women's Health Organization constitutes yet another chapter in the saga of the United States' hypocrisy in failing to uphold international human rights at the domestic level. International human rights law unequivocally provides that safe and legal abortion... |
2023 |
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| Massimo Lando |
ADVISORY OPINIONS OF THE INTERNATIONAL COURT OF JUSTICE IN RESPECT OF DISPUTES |
61 Columbia Journal of Transnational Law 67 (2023) |
This Article reimagines advisory opinions of the International Court of Justice as a means for the settlement of international disputes. It is established that the Court must decline to render an advisory opinion which relates to the main point of a pending bilateral dispute between States, one of which has not consented to the third-party... |
2023 |
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| John Mukum Mbaku |
AFRICAN COURTS AND INTERNATIONAL HUMAN RIGHTS LAW |
48 Brooklyn Journal of International Law 445 (2023) |
Introduction. 446 I. Domesticating International Human Rights Instruments. 462 A. Introduction. 462 B. Giving Effect in Domestic Courts to International Treaties. 465 II. The State of the Protection of Human Rights in African Countries. 473 A. Introduction. 473 B. Judicial Independence as a Critical Factor in the Protection of Human Rights. 478... |
2023 |
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| Charles H. Brower II |
AGAINST IMPERIAL ARBITRATORS: THE BRILLIANCE OF CANADA'S NEW MODEL INVESTMENT TREATY |
17 FIU Law Review 1 (Spring, 2023) |
Investment treaty arbitration has become politically toxic even in states that pioneered the development of investment treaties. There is consensus on the need for reform. But there is a dearth of historical research on what went wrong with investment treaties, when it happened, or how to find the way forward in light of the past. As a result,... |
2023 |
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| Jill Goldenziel |
AN ALTERNATIVE TO ZOMBIEING: LAWFARE BETWEEN RUSSIA AND UKRAINE AND THE FUTURE OF INTERNATIONAL LAW |
108 Cornell Law Review Online 1 (January, 2023) |
Lawfare, the purposeful use of law as a weapon of war, has been an integral feature of the Russia-Ukraine conflict. Russia has used lawfare to complicate Ukraine's response to its invasion of Crimea and the Donbas, most famously through use of little green men to create plausible deniability for its military actions. Ukraine has launched a novel... |
2023 |
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| Chi Adanna Mgbako, Nate Johnson, Vivienne Bang Brown, Megan Cheah, Kimya Zahedi |
ANTI-CARCERAL HUMAN RIGHTS ADVOCACY |
26 University of Pennsylvania Journal of Law and Social Change 173 (2023) |
Abstract. The theory of carceral abolition entered the mainstream during the 2020 global protests for Black lives. Abolition calls for divestment from carceral institutions like police and prisons in favor of the expansion of social and economic programs that ensure public safety and nurture community well-being. Although there is little... |
2023 |
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| E. Tendayi Achiume , Gay McDougall |
ANTI-RACISM AT THE UNITED NATIONS |
117 AJIL Unbound 82 (2023) |
Racial injustice and inequality remain contested internationally, and the United Nations remains a prominent site for this contestation. In this essay, we describe the architecture designated by the United Nations to address racism, racial discrimination, xenophobia, and related intolerance. We highlight recent normative and institutional... |
2023 |
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| Priya S. Gupta |
AUTOMATING RACIALIZATION IN INTERNATIONAL LAW |
117 AJIL Unbound 156 (2023) |
From the continuation of colonial power structures in global economic development institutions, to immigration policies that favor applicants from white-majority European countries, to the use of counter-terrorism law to target primarily Muslim people, international law and its domestic analogues reflect and further inscribe racial distinctions and... |
2023 |
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| Laura Snyder |
CAN EXTRATERRITORIAL TAXATION BE RATIONALIZED? |
76 Tax Lawyer 535 (Spring, 2023) |
There exist multiple rationales for the U.S. extraterritorial tax system. The rationales seek to explain why overseas Americans should be subject to worldwide taxation by the United States. This paper challenges those rationales: The allegiance rationale is outmoded and has been rejected by the U.S. Supreme Court; the benefits rationale has been... |
2023 |
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