American Journal of International Law

最新文章

• Indigenous Communities of the Lhaka Honhat (Our Land) Association v. Argentina AI翻译
  作者：Tigre, Maria Antonia
  作者单位：Columbia University
  摘要：On February 6, 2020, the Inter-American Court of Human Rights (Court) declared in Lhaka Honhat Association v. Argentina that Argentina violated Indigenous groups' rights to communal property, a healthy environment, cultural identity, food, and water. For the first time in a contentious case, the Court analyzed these rights autonomously based on Article 26 of the American Convention on Human Rights (ACHR) and ordered specific restitution measures, including actions to provide access to adequate...
• US Supreme Court Rules that the Foreign Sovereign Immunity Act's Expropriation Exception Does Not Extend to Domestic Takings AI翻译
  作者：Eichensehr, Kristen E.
• Biden Administration Reverses Trump Administration Policies on Immigration and Asylum AI翻译
  作者：Eichensehr, Kristen E.
  摘要：In the final months of his administration, President Donald Trump issued a variety of pardons and commutations, including a number related to foreign relations. His decision to issue full pardons to four former Blackwater contractors, who were convicted of killing Iraqi civilians in the 2007 Nisour Square incident, drew particular condemnation and continued a pattern of clemency grants related to war crimes committed abroad. Trump also granted clemency to his former national security advisor, ...
• 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...