2021

最新文章

• Nestle United States, Inc. v. Doe. 141 S. Ct. 1931. AI翻译
  作者：LeClercq, Desiree
  作者单位：Cornell University
  摘要：On June 17, 2021, the United States Supreme Court reversed and remanded a suit filed against Nestle USA and Cargill under the Alien Tort Statute (ATS) for lack of jurisdiction. This case has already garnered attention over the nature of the dispute (child slaves in Africa), the Supreme Court's treatment of jurisdiction under the ATS, and the finding shared by five of the nine Supreme Court justices that domestic corporations can potentially be sued under the ATS. This analysis focuses on the c...
• THE RULE OF ADVICE IN INTERNATIONAL HUMAN RIGHTS LAW AI翻译
  作者：Contesse, Jorge
  作者单位：Rutgers University System; Rutgers University Newark; Rutgers University System; Rutgers University Newark
  摘要：Advisory jurisdiction is a ubiquitous feature of international human rights adjudication. Yet the attention of legal scholars is almost entirely devoted to contentious jurisdiction. This Article aims to fill that gap in the literature. By introducing two models of advisory jurisdiction, and analyzing the example of the Inter-American Court of Human Rights-the world's most active international advice-giver-the Article shows how international human rights courts may utilize advisory proceedings ...
• United States Terminates Hong Kong's Special Status Due to National Security Law Imposed by Beijing AI翻译
  作者：[Anonymous]
• Transnational Legal Ordering of Criminal Justice AI翻译
  作者：Palmer, Nicola
  作者单位：University of London; King's College London
• Biden Administration Imposes Sanctions and Seeks to Cement Alliances to Counter China and Russia AI翻译
  作者：Eichensehr, Kristen E.
• The Art of Law in the International Community AI翻译
  作者：Jain, Neha
  作者单位：European University Institute; University of Minnesota System; University of Minnesota Twin Cities
• CLIMATE CHANGE MITIGATION AS AN OBLIGATION UNDER HUMAN RIGHTS TREATIES? AI翻译
  作者：Mayer, Benoit
  作者单位：Chinese University of Hong Kong
  摘要：Judges and scholars have interpreted human rights treaties as obligating states to mitigate climate change by limiting their greenhouse gas emissions, an argument instrumental to the development of climate litigation. This Article questions the validity of this interpretation. A state's treaty obligation to protect human rights implies an obligation to cooperate on the mitigation of climate change, the Article argues, only if and inasmuch as climate change mitigation effectively protects the e...
• Situation in the Islamic Republic of Afghanistan AI翻译
  作者：Ishii, Yurika
  作者单位：National Defense Academy - Japan
  摘要：On March 5, 2020, the Appeals Chamber of the International Criminal Court (ICC) decided to authorize the prosecutor to commence a proprio motu investigation into the alleged war crimes and crimes against humanity committed during the Afghanistan War since 2003. This decision is the first case where the requirements for the authorization of an investigation under Article 15(4) of the ICC Rome Statute (Statute) were tested on appeal. The case lays down a marker as to how the ICC sees the divisio...
• Military Coup in Burma Draws International Condemnation and Pressure AI翻译
  作者：Eichensehr, Kristen E.
• Appeal Relating to the Jurisdiction of the ICAO Council AI翻译
  作者：Rose, Cecily
  作者单位：Leiden University - Excl LUMC; Leiden University
  摘要：On January 21, 2021, the European Court of Human Rights (ECtHR or Court) issued its judgment in the interstate case of Georgia v. Russia (II). Georgia complained that Russia committed systemic human rights violations in the course of the 2008 war in South Ossetia and Abkhazia. Both of these regions are de jure parts of Georgia, but they have not been effectively governed by central Georgian authorities since the collapse of the Soviet Union in 1991. During the night of August 7-8, 2008, Georgi...