2022

最新文章

• Just Sharing: The Virtues of Digital Sequence Information Benefit-Sharing for the Common Good AI翻译
  作者：Bagley, Margo A.
  作者单位：Emory University
  摘要：Genome sequence information is being used to develop improvements in diverse product areas from agriculture to therapeutics. In fact, the rapid development of COVID-19 vaccines required access to the genome sequence of the virus. Beyond the COVID-19 context, however, vast amounts of what is being called digital sequence information (DSI) are being used and patented, without permission from the countries that own the genetic resources from which the sequences are derived. This issue is stymiein...
• Towards a New Standard for Assessing Compensation in Cases of Collective Human Rights Violations AI翻译
  作者：Krawiecki, Stanisaw
  作者单位：University of London; University College London
  摘要：International human rights law and international courts have finally begun to recognize a new type of victim: local and indigenous communities. In key decisions over the past two decades, the Inter-American Court of Human Rights recognized the violations of indigenous communities' rights by national governments. At the same time, less attention has been paid to the nature of damages available for these violations. This Note highlights the underdevelopment of damages jurisprudence in the Inter-...
• Japan's Transnational War Reparations Litigation: An Empirical Analysis AI翻译
  作者：Webster, Timothy
  作者单位：Western New England University
  摘要：Negotiating war reparations is traditionally the province of the political branches, yet in recent decades, domestic courts have presided over hundreds of compensation lawsuits stemming from World War II. In the West, governments responded to these lawsuits with elaborate compensation mechanisms. In East Asia, by contrast, civil litigation continues apace. This Article analyzes eighty-three lawsuits filed in Japan, the epicenter of Asia's World War II reparations movement. While many scholars ...
• The Unable or Unwilling Doctrine: A View from Private Law AI翻译
  作者：Blum, Gabriella; Goldberg, John C. P.
  作者单位：Harvard University; Harvard University
  摘要：May a threatened state use force against armed nonstate actors situated in another state without the other state's permission? Proponents of the Unable or Unwilling Doctrine (UUD) answer in the affirmative, provided that the territorial state in which the nonstate actors are based is either unable or unwilling to tackle the threat by itself. Opponents reject the UUD, arguing that it has no place within existing international law. The intense, multi -layered debates over the UUD have thus far b...
• The Independence of National Focal Points Under the International Health Regulations (2005) AI翻译
  作者：Halabi, Sam; Wilson, Kumanan
  作者单位：Georgetown University; Colorado State University System; Colorado State University Fort Collins; University of Ottawa; University of Ottawa; University of Ottawa; University of Ottawa; Ottawa Hospital Research Institute
  摘要：As the world grapples with the response to the COVID-19 pandemic, all eyes are now on the People's Republic of China: when did the national government know the atypical pneumonia cases indicated a novel coronavirus? How long did the national government delay the reporting of those cases to the World Health Organization and the rest of the international community? While these are key questions, they overlook the structure of China's legal relationship with the world's most important infectious ...