Although the international community has addressed whether environmental harm violates human rights norms, only recently has it asked whether international organizations must implement those norms. That changed when Greenland posited that the International Whaling Commission (IWC) has a duty to implement aboriginal subsistence whaling (ASW) in light of customary international human rights norms, including the…
Month: April 2017
Targeted Killings—Never Not an Act of International Criminal Law Enforcement
Defenders of targeted killings proffer a straightforward elaboration of military necessity in the context of modern technological capabilities and conclude that killing members of terrorist organizations is legal under international law. In this essay, I assert that targeted killings to combat terrorist threats should not be governed predominantly by the law of war but should…
Sovereignty and Social Change in the Wake of India’s Recent Sodomy Cases
American constitutional law scholars have long questioned whether courts can truly drive social reform, and this uncertainty remains even in the wake of recent landmark decisions affecting the LGBT community. In contrast, court watchers in India—spurred by developments in a special type of legal action developed in the late 1970s known as public interest litigation…
O’Keeffe v. Ireland: The State’s Obligation to Protect Children from Sexual Assault in State Schools
Ireland’s unique primary education system creates a national school system that is denominational, yet state-financed. The Irish government defers managerial duties to the Catholic Church, and this deference of duties relieves Ireland from liability. As a result, students in Ireland attending primary schools historically were not guaranteed legal protection from sexual assaults committed by faculty…
Prioritizing National Security at the Expense of Refugee Rights: The Effects of H.T. v. Land Baden-Württenberg
Tensions are high in member states of the European Union as they struggle to accommodate a record number of refugees while simultaneously confronting seemingly regular terrorist attacks. In response to this crisis, the European Court of Justice’s decision in H.T. v. Land Baden-Württenberg continued a trend that began after September 11, 2001, in which countries…
Unsafe Harbor: The European Union’s Demand for Heightened Data Privacy Standards in Schrems v. Irish Data Protection Commissioner
In 1995, the European Union adopted the Data Protection Directive to govern the processing, use, and exchange of personal data. The United States refused to enact similar legislation, consequently jeopardizing ongoing and future data transfers with the European Union. To prevent economic catastrophe, the United States negotiated with the European Union to reach the Safe…
Maintenance surveyed.
Journal of Private International Law; 04/01/2017(AN 122386662); ISSN: 17441048Academic Search Complete Article source: https://search.ebscohost.com/login.aspx?direct=true&AuthType=sso&db=a9h&AN=122386662&site=ehost-live&custid=s2775460
Reciprocity and the recognition and enforcement of foreign judgments: a lot of bark but not much bite.
Journal of Private International Law; 04/01/2017(AN 122386669); ISSN: 17441048Academic Search Complete Article source: https://search.ebscohost.com/login.aspx?direct=true&AuthType=sso&db=a9h&AN=122386669&site=ehost-live&custid=s2775460
Private international law principles for ubiquitous intellectual property infringement – a solution in search of a problem?
Journal of Private International Law; 04/01/2017(AN 122386667); ISSN: 17441048Academic Search Complete Article source: https://search.ebscohost.com/login.aspx?direct=true&AuthType=sso&db=a9h&AN=122386667&site=ehost-live&custid=s2775460
The origins of the Scottish forum non conveniens doctrine.
Journal of Private International Law; 04/01/2017(AN 122386666); ISSN: 17441048Academic Search Complete Article source: https://search.ebscohost.com/login.aspx?direct=true&AuthType=sso&db=a9h&AN=122386666&site=ehost-live&custid=s2775460