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作者：Modirzadeh, Naz Khatoon
作者单位：Harvard University; Harvard University
摘要：Third World Approaches to International Law (TWAIL) has aspirations to transform the tools and institutions of international law-which have served for centuries to construct, enact, and extend Western exploitation and domination-into tools and institutions for Global South empowerment, agency, and freedom. Characterizing itself as an intellectual and political movement, TWAIL promises to pave a path forward through a combination of scholarship and politics to achieve radical change. In this Ar...
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作者：Chuang, Janie A.
作者单位：American University
摘要：This Article examines the role of the International Organization for Migration (IOM) in global migration governance and its implications for migrant workers' rights and well-being. After 65 years of independent operations, the IOM joined the U.N. system in 2016 and quickly assumed the role of global lead migration agency-a status later affirmed by the 2018 U.N. Global Compact on Safe, Orderly, and Regular Migration. In this capacity, the IOM can influence whether and how states address the gap...
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作者：Dvoskin, Brenda
作者单位：Georgetown University; Harvard University
摘要：In a world of fundamental disagreements about how social media companies should govern speech, it is striking that nearly everyone agrees that online speech governance should be based on human rights. The which a corporate technocracy applies a set of exogenous principles imagined as objective and global. Ultimately, this governance model shifts power to experts under the illusion of empowering the people. To support these claims, this Article unveils the intellectual work that scholars, U.N. ...
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作者：Wu, Cecilia Yue
作者单位：Harvard University
摘要：The principle of non-intervention, which prohibits states from coercively interfering in the domestic affairs of other states, is well-established in customary international law. Yet underneath the general support for the principle is substantial disagreement over its proper scope and application. The principle is subject to even greater challenge in a globalized world where the penetration of sovereignty is often taken as the goal of progressive development in areas of international human rig...
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作者：Rao, Weijia
作者单位：George Mason University
摘要：Policymakers and scholars have expressed concerns about growing corporate influence over government regulations, including in the context of investor-state dispute settlement (ISDS). Encouraged by highprofile victories and examples of regulator y chill, critics of ISDS have argued that it excessively serves large multinational corporate interests at the expense of government regulatory agendas. In part due to such criticisms, various proposals have been made, including the replacement of ISDS ...
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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...
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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-...
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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 ...
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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...
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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 ...
