Subjects -> LAW (Total: 1523 journals)
    - CIVIL LAW (36 journals)
    - CONSTITUTIONAL LAW (51 journals)
    - CORPORATE LAW (90 journals)
    - CRIMINAL LAW (27 journals)
    - CRIMINOLOGY AND LAW ENFORCEMENT (152 journals)
    - FAMILY AND MATRIMONIAL LAW (23 journals)
    - INTERNATIONAL LAW (190 journals)
    - JUDICIAL SYSTEMS (22 journals)
    - LAW (923 journals)
    - LAW: GENERAL (9 journals)

INTERNATIONAL LAW (190 journals)                     

Showing 1 - 190 of 190 Journals sorted alphabetically
Acta Juridica Hungarica     Full-text available via subscription   (Followers: 6)
African Journal of International and Comparative Law     Hybrid Journal   (Followers: 19)
African Yearbook of International Law Online : Annuaire Africain de droit international Online     Hybrid Journal   (Followers: 10)
Afrilex     Open Access   (Followers: 6)
Agora International Journal of Juridical Sciences     Open Access   (Followers: 3)
AJIL Unbound     Open Access  
American Business Law Journal     Hybrid Journal   (Followers: 24)
American Journal of International Law     Hybrid Journal   (Followers: 64)
American University International Law Review     Open Access   (Followers: 11)
Annuaire Français de Droit International     Full-text available via subscription   (Followers: 2)
Annual Review of Law and Social Science     Full-text available via subscription   (Followers: 14)
Annual Survey of International & Comparative Law     Open Access   (Followers: 15)
Antitrust Chronicle - Competition Policy International     Full-text available via subscription   (Followers: 6)
Anuario Colombiano de Derecho Internacional     Open Access  
Anuario de Derechos Humanos     Open Access  
Anuario Español de Derecho Internacional     Full-text available via subscription   (Followers: 1)
Anuario español de derecho internacional privado     Partially Free  
Anuario Iberoamericano de Derecho Internacional Penal     Open Access   (Followers: 1)
Anuario Mexicano de Derecho Internacional     Open Access   (Followers: 1)
Arbitration International     Full-text available via subscription   (Followers: 22)
ASA Bulletin     Full-text available via subscription   (Followers: 5)
Asia-Pacific Journal of Ocean Law and Policy     Hybrid Journal  
Asian International Arbitration Journal     Full-text available via subscription   (Followers: 4)
Asian Journal of Comparative Law     Hybrid Journal   (Followers: 11)
Asian Journal of International Law     Hybrid Journal   (Followers: 18)
Australasian Policing     Full-text available via subscription   (Followers: 6)
Australian International Law Journal     Full-text available via subscription   (Followers: 22)
Australian Journal of Asian Law     Full-text available via subscription   (Followers: 4)
Austrian Review of International and European Law Online     Hybrid Journal   (Followers: 6)
Baltic Yearbook of International Law Online     Hybrid Journal   (Followers: 4)
Berkeley Journal of International Law     Open Access   (Followers: 23)
Boletin Mexicano de Derecho Comparado     Open Access   (Followers: 2)
Boston College International & Comparative Law Review     Open Access   (Followers: 13)
Brigham Young University International Law and Management Review     Open Access   (Followers: 2)
British Yearbook of International Law     Hybrid Journal   (Followers: 35)
Brooklyn Journal of International Law     Open Access   (Followers: 5)
California Western International Law Journal     Open Access   (Followers: 5)
Canadian Yearbook of International Law / Annuaire canadien de droit international     Full-text available via subscription   (Followers: 3)
Cape Town Convention Journal     Open Access  
Case Western Reserve Journal of International Law     Full-text available via subscription   (Followers: 5)
Chicago Journal of International Law     Full-text available via subscription   (Followers: 8)
Chinese Journal of Environmental Law     Hybrid Journal  
Chinese Journal of Global Governance     Open Access   (Followers: 3)
Chinese Journal of International Law     Hybrid Journal   (Followers: 24)
Climate law     Hybrid Journal   (Followers: 5)
Columbia Journal of Transnational Law     Open Access   (Followers: 9)
Common Law World Review     Full-text available via subscription   (Followers: 18)
Commonwealth Law Bulletin     Hybrid Journal   (Followers: 13)
Comparative and International Law Journal of Southern Africa     Full-text available via subscription   (Followers: 4)
Comparative Strategy     Hybrid Journal   (Followers: 10)
Computer Law Review International     Hybrid Journal   (Followers: 1)
Contemporary Security Policy     Hybrid Journal   (Followers: 19)
Cornell International Law Journal     Open Access   (Followers: 5)
Corporate Governance An International Review     Hybrid Journal   (Followers: 18)
Criterios     Open Access  
Denver Journal of International Law and Policy     Full-text available via subscription   (Followers: 5)
Deusto Journal of Human Rights     Open Access  
Duke Journal of Comparative & International Law     Open Access   (Followers: 17)
European Business Law Review     Full-text available via subscription   (Followers: 16)
European Company Law     Full-text available via subscription   (Followers: 12)
European Foreign Affairs Review     Full-text available via subscription   (Followers: 34)
European Journal for Security Research     Hybrid Journal   (Followers: 1)
European Journal of International Law     Hybrid Journal   (Followers: 230)
European Journal of Migration and Law     Hybrid Journal   (Followers: 39)
European Labour Law Journal     Full-text available via subscription   (Followers: 17)
European Political Science     Hybrid Journal   (Followers: 40)
European Property Law Journal     Hybrid Journal   (Followers: 6)
Fordham International Law Journal     Full-text available via subscription   (Followers: 21)
Foreign Policy Bulletin     Hybrid Journal   (Followers: 6)
Frontiers of Law in China     Hybrid Journal   (Followers: 2)
Georgetown Journal of International Law     Full-text available via subscription   (Followers: 12)
Georgia Journal of International and Comparative Law     Open Access   (Followers: 4)
Global Jurist     Hybrid Journal   (Followers: 7)
Global Justice : Theory Practice Rhetoric     Open Access   (Followers: 1)
Harvard International Law Journal     Free   (Followers: 51)
Houston Journal of International Law     Full-text available via subscription   (Followers: 5)
ICSID Review : Foreign Investment Law Journal     Hybrid Journal   (Followers: 12)
Indian Journal of International Law     Hybrid Journal  
Inter: Revista de Direito Internacional e Direitos Humanos da UFRJ     Open Access   (Followers: 1)
Intergenerational Justice Review     Open Access  
International & Comparative Law Quarterly     Full-text available via subscription   (Followers: 262)
International Area Studies Review     Hybrid Journal   (Followers: 3)
International Commentary on Evidence     Hybrid Journal   (Followers: 1)
International Community Law Review     Hybrid Journal   (Followers: 10)
International Comparative Jurisprudence     Open Access   (Followers: 2)
International Human Rights Law Review     Hybrid Journal   (Followers: 26)
International Journal for Court Administration     Open Access   (Followers: 1)
International Journal for the Semiotics of Law     Hybrid Journal   (Followers: 6)
International Journal of Comparative and Applied Criminal Justice     Hybrid Journal   (Followers: 4)
International Journal of Comparative Labour Law and Industrial Relations     Full-text available via subscription   (Followers: 25)
International Journal of Discrimination and the Law     Hybrid Journal   (Followers: 8)
International Journal of Evidence and Proof     Full-text available via subscription   (Followers: 12)
International Journal of Information Privacy, Security and Integrity     Hybrid Journal   (Followers: 27)
International Journal of Language & Law     Open Access   (Followers: 3)
International Journal of Law in Context     Hybrid Journal   (Followers: 17)
International Journal of Law, Crime and Justice     Hybrid Journal   (Followers: 61)
International Journal of Law, Policy and the Family     Hybrid Journal   (Followers: 25)
International Journal of Nuclear Law     Hybrid Journal   (Followers: 4)
International Journal of Political Economy     Full-text available via subscription   (Followers: 17)
International Journal of Private Law     Hybrid Journal   (Followers: 10)
International Journal of Public Law and Policy     Hybrid Journal   (Followers: 11)
International Journal of Refugee Law     Hybrid Journal   (Followers: 40)
International Journal of Transitional Justice     Hybrid Journal   (Followers: 14)
International Law: Revista Colombiana de Derecho Internacional     Open Access   (Followers: 3)
International Negotiation     Hybrid Journal   (Followers: 15)
International Organizations Law Review     Hybrid Journal   (Followers: 21)
International Planning Studies     Hybrid Journal   (Followers: 6)
International Review of Law     Open Access   (Followers: 6)
International Review of the Red Cross     Full-text available via subscription   (Followers: 12)
International Security     Hybrid Journal   (Followers: 76)
Israel Law Review     Hybrid Journal   (Followers: 2)
Italian Yearbook of International Law Online     Hybrid Journal   (Followers: 4)
Ius Gentium     Open Access   (Followers: 4)
Jerusalem Review of Legal Studies     Hybrid Journal  
Journal of Biosecurity Biosafety and Biodefense Law     Hybrid Journal   (Followers: 3)
Journal of European Competition Law & Practice     Hybrid Journal   (Followers: 22)
Journal of Genocide Research     Hybrid Journal   (Followers: 14)
Journal of International Commercial Law and Technology     Open Access   (Followers: 3)
Journal of International Dispute Settlement     Hybrid Journal   (Followers: 16)
Journal of International Economic Law     Hybrid Journal   (Followers: 33)
Journal of International Humanitarian Legal Studies     Hybrid Journal   (Followers: 8)
Journal of International Political Theory     Hybrid Journal   (Followers: 18)
Journal of Law, Policy and Globalization     Open Access   (Followers: 18)
Journal of Liberty and International Affairs     Open Access   (Followers: 4)
Journal of Migration and Refugee Issues, The     Full-text available via subscription   (Followers: 34)
Journal of Private International Law     Hybrid Journal   (Followers: 11)
Journal of the History of International Law     Hybrid Journal   (Followers: 16)
Journal on the Use of Force and International Law     Full-text available via subscription   (Followers: 16)
Korean Journal of International and Comparative Law     Hybrid Journal   (Followers: 2)
Law and Practice of International Courts and Tribunals     Hybrid Journal   (Followers: 21)
Legal Issues of Economic Integration     Full-text available via subscription   (Followers: 13)
Leiden Journal of International Law     Hybrid Journal   (Followers: 38)
LEX     Open Access   (Followers: 1)
London Review of International Law     Hybrid Journal   (Followers: 8)
Loyola of Los Angeles International and Comparative Law Review     Open Access   (Followers: 9)
Loyola University Chicago International Law Review     Open Access   (Followers: 4)
Maastricht Journal of European and Comparative Law     Full-text available via subscription   (Followers: 25)
Maryland Journal of International Law     Open Access   (Followers: 3)
Max Planck Yearbook of United Nations Law Online     Hybrid Journal   (Followers: 10)
Melbourne Journal of International Law     Full-text available via subscription   (Followers: 17)
Michigan State International Law Review     Open Access   (Followers: 6)
Netherlands International Law Review     Full-text available via subscription   (Followers: 20)
Netherlands Yearbook of International Law     Full-text available via subscription   (Followers: 15)
New Zealand Journal of Public and International Law     Full-text available via subscription   (Followers: 13)
New Zealand Yearbook of International Law, The     Full-text available via subscription   (Followers: 9)
Nordic Journal of International Law     Hybrid Journal   (Followers: 18)
Northwestern Journal of International Human Rights     Open Access   (Followers: 5)
Northwestern Journal of International Law & Business     Open Access   (Followers: 5)
Notre Dame Journal of International & Comparative Law     Open Access   (Followers: 5)
Oromia Law Journal     Open Access   (Followers: 1)
Pace International Law Review     Open Access   (Followers: 8)
Palestine Yearbook of International Law Online     Hybrid Journal   (Followers: 7)
Penn State Journal of Law & International Affairs     Open Access   (Followers: 4)
Polar Journal     Hybrid Journal   (Followers: 5)
Public and Private International Law Bulletin     Open Access   (Followers: 2)
Recht der Werkelijkheid     Full-text available via subscription   (Followers: 2)
Review of European Community & International Environmental Law     Hybrid Journal   (Followers: 7)
Review of European, Comparative & International Environmental Law     Hybrid Journal   (Followers: 7)
Revista de Derecho de la Unión Europea     Open Access   (Followers: 4)
Revista de Direito Brasileira     Open Access   (Followers: 1)
Revista de la Secretaría del Tribunal Permanente de Revisión     Open Access  
Revista Tribuna Internacional     Open Access   (Followers: 1)
Revista Videre     Open Access   (Followers: 1)
Revue québécoise de droit international / Quebec Journal of International Law / Revista quebequense de derecho internacional     Open Access   (Followers: 2)
Santa Clara Journal of International Law     Open Access   (Followers: 2)
South African Yearbook of International Law     Full-text available via subscription   (Followers: 2)
South Carolina Journal of International Law and Business     Open Access   (Followers: 4)
Stanford Journal of International Law     Full-text available via subscription   (Followers: 11)
Syracuse Journal of International Law and Commerce     Open Access   (Followers: 3)
TDM Transnational Dispute Management Journal     Full-text available via subscription   (Followers: 6)
Texas International Law Journal     Full-text available via subscription   (Followers: 5)
Tilburg Law Review     Open Access   (Followers: 5)
Transnational Environmental Law     Hybrid Journal   (Followers: 5)
Uniform Law Review     Hybrid Journal   (Followers: 3)
University of Miami Inter-American Law Review     Open Access   (Followers: 1)
Utrecht Journal of International and European Law     Open Access   (Followers: 17)
Vanderbilt Journal of Transnational Law     Free   (Followers: 5)
Virginia Journal of International Law     Free   (Followers: 4)
Washington University Global Studies Law Review     Open Access   (Followers: 11)
Wisconsin International Law Journal     Free   (Followers: 4)
World Journal of VAT/GST Law     Full-text available via subscription   (Followers: 1)
World Trade and Arbitration Materials     Full-text available via subscription   (Followers: 7)
Yale Journal of International Law     Free   (Followers: 18)
Yearbook of International Environmental Law     Hybrid Journal   (Followers: 12)
Yearbook of International Humanitarian Law     Full-text available via subscription   (Followers: 7)
Yearbook of Polar Law Online     Hybrid Journal  
Zeitschrift für Außen- und Sicherheitspolitik     Hybrid Journal   (Followers: 12)
Zeitschrift für das Privatrecht der Europäischen Union - European Union Private Law Review / Revue de droit privé de l'Union européenne     Hybrid Journal   (Followers: 1)
Zeitschrift für öffentliches Recht     Hybrid Journal   (Followers: 17)
Zeitschrift für Zivilprozess International     Hybrid Journal  

           

Similar Journals
Journal Cover
Notre Dame Journal of International & Comparative Law
Number of Followers: 5  

  This is an Open Access Journal Open Access journal
ISSN (Print) 2325-2235
Published by Notre Dame Law School Homepage  [2 journals]
  • It’s Time to Turn on the Lights: The Necessary Steps for the Rural
           Electrification of Sub-Saharan Africa

    • Authors: John Morris
      Abstract: While each country in Africa is in a different state of electrification, this Note focuses on the nations of Tanzania and Kenya. Comparatively, in the First World, power generation was a gradual and non-linear process that was slow to perfect. This Note argues that the lack of rural electrification in sub-Saharan Africa will continue without a confluence of investment, support, and regulation. Renewable energy sources (such as solar, wind, and geothermal) seem promising, but none are without their own limitations. The use of mini-grids will play an important role in electricity access for sub-Saharan Africa. This Note advocates that the combined use of renewable energy sources and mini-grids integrated with support from private and public sectors, government sponsorship, and international, as well as locally-sourced, investment is the key to providing electricity to over ten percent of the world’s population.
      PubDate: Wed, 29 Jan 2020 20:00:34 PST
       
  • Neutrality in the Modern World: Internet Regulation's Impact on
           Economics and Society

    • Authors: Sarah DeAgostino
      Abstract: In the United States, net neutrality laws prevented service providers from restricting open access to the Internet. In 2017, these laws were repealed and consumers became concerned that Internet providers would take advantage of them through blocking, throttling, and paid prioritization. The trend in the United States, from the rise of the telephone and wire transfer to the rise of the Internet, was toward facilitating access to the Internet for all citizens. This is intended to result in economic advantages for the country, and aid in the development of broadband Internet. Open access to the Internet was regarded as providing investment, innovation, and development until the repeal of net neutrality laws. This Note analyzes how the EU, France, and the U.S. have developed distinctive net neutrality regulations. Further, this Note examines the social and economic reasons for why the regulations were developed and the relative strengths and weaknesses each regulatory scheme provides. This Note argues that the U.S. should conform its system to model the EU and France’s system in some respects to maximize for the social and economic advantages those systems provide, while avoiding each system’s relative disadvantages.
      PubDate: Wed, 29 Jan 2020 20:00:31 PST
       
  • Domestic Law Responses to Transnational Cyberattacks and Other Online
           Harms: Internet Dreams Turned to Internet Nightmares and Back Again

    • Authors: Clive Walker et al.
      Abstract: Since its utilization has become widespread, the potential of the Internet has often been overshadowed by the harms it’s capable of bringing upon society. Regulation has not yet properly addressed the harms presented to individuals’ cybersecurity and the U.K. has focused and set objectives at a national security level, while ignoring the effects of attacks on individual citizens. This Article considers whether it is possible to create a domestic legal response to transnational cyberattacks and the appropriateness of law to address the threats, as they exist. The law must be efficient, effective, and fair, which are all aims it may achieve by setting out tactical and operational mechanisms, including police powers, criminal offenses, and sanctions. This Article examines instances of cyber-attacks, existing laws and their appropriateness for achieving the above-mentioned objectives. A comprehensive legal framework that includes tactical interventions the state could take and existing operational interventions, which may be used or expanded on to fully address the risk and resulting harm from these attacks, is advanced. Ultimately, law cannot provide all the solutions for the harms presented by these attacks due to transnationality, instantaneity and accessibility issues, in addition to political harms. The comprehensive plan in this Article illuminates the need for the whole of society—government, civil society, and the private sector—to address cybersecurity attacks.
      PubDate: Wed, 29 Jan 2020 20:00:27 PST
       
  • An Extraterritorial Human Right to Cybersecurity

    • Authors: Ido Kilovaty
      Abstract: Cybersecurity breaches have affected consumers and the landscape of politics globally. Legal developments have been reactive and incomprehensive. The fatal flaws of international law make it an ill-suited solution to these concerns because international law binds state actors and does not give individuals rights. International human rights law, however, provides the best solution because it does provide harmed individuals with rights and mechanisms to seek recourse. Cybersecurity relates to several key areas of human rights law and, therefore, its regulation is well suited to the existing international human rights regulatory scheme. This Article explores the possibility of using international human rights law to protect victims of attacks and the possible gaps left by the existing regulatory regime’s territorial nature, as well as issues that may arise from attempting to use human rights law to regulate cybersecurity.
      PubDate: Wed, 29 Jan 2020 20:00:24 PST
       
  • Collective Countermeasures in Cyberspace

    • Authors: Jeff Kosseff
      Abstract: The president of Estonia, Kersti Kaljulaid, has supported the use of collective countermeasures in response to cyberspace crimes. Collective countermeasures would allow an uninjured state to provide guidance or carry out countermeasures on behalf of another state. This Article advocates for collective countermeasures in cyberspace so long as the operations are carefully executed and subject to the same restrictions as individual countermeasures. This Article further finds for the following in favor of limited forms of collective countermeasures: (1) the highly interconnected nature of threats in cyberspace; (2) states with more sophisticated cyber capabilities can leverage for comparative advantages; (3) states would be able to better address the persistent nature of the threats they face in cyberspace; (4) the prospect of collective countermeasures could have a deterrent effect; and (5) collective countermeasures could reduce the likelihood of escalation in cyber aggression. Subjecting collective countermeasures to the same limitations as countermeasures generally, and imposing additional limits on third parties seeking to engage in collective countermeasures, would eliminate the potential for substantial escalation and abuse. Accordingly, this Article concludes that collective countermeasures are the correct normative approach to cyber threats.
      PubDate: Wed, 29 Jan 2020 20:00:21 PST
       
  • Attribution and Other Conditions of Lawful Countermeasures to Cyber
           Misconduct

    • Authors: Mary Ellen O'Connell
      Abstract: State cyber misconduct is on the rise, and it can be difficult to differentiate between malicious governmental cyber conduct and active cyber defense. Though some argue that cyberspace is a law-free zone, offensive cyberattacks are almost always unlawful regardless of their purpose. This Article contends that international law can provide for legal boundaries in cyberspace and analogizes cyber misconduct to government actions such as espionage. So long as conditions provided by international law (such as notice, necessity, and proportionality) are met, countermeasures to malicious cyber operations are generally lawful. Cases of urgency may be an exception to this general rule but should not involve the use of force. Moreover, a government planning to take countermeasures must have clear and convincing evidence regarding the state to whom the wrong is attributable and identify the wrongdoer with a requisite level of legal certainty. It is difficult to prove lawful use of cyber misconduct in response to cyber misconduct, but this Article contends that responses consistent with the rule of law exist.
      PubDate: Wed, 29 Jan 2020 20:00:17 PST
       
  • Letter from the Editor

    • Authors: Brad A. Rocheville
      PubDate: Wed, 29 Jan 2020 20:00:14 PST
       
  • Family Leave: Comparing the United States' Family and Medical Leave
           Act with Sweden's Parental Leave Policy

    • Authors: Mallory Campbell
      Abstract: This Article focuses on parental leave in the United States, which mostly relies on the Family and Medical Leave Act (FMLA), and compares it to parental leave policies in other countries, particularly Sweden. While the FMLA has many drawbacks, Sweden and other countries have robust and progressive leave plans that the United States should look to in amending the FMLA or adopting a new parental leave policy.
      PubDate: Wed, 22 May 2019 21:04:26 PDT
       
  • Funding Mental Healthcare in the Wake of Deinstitutionalization: How the
           United States and the United Kingdom Diverged in Mental Health Policy
           After Deinstitutionalization, and What We Can Learn From Their Differing
           Approaches to Funding Mental Healthcare

    • Authors: Catherine Ryan Gawron
      Abstract: Deinstitutionalization was a mass movement away from institutional-focused mental healthcare in the mid-to-late twentieth century, which changed the dynamic of mental healthcare service provision in both the United States and United Kingdom. This Note analyzes the history and effects of deinstitutionalization on subsequent mental healthcare policy in those two nations, highlighting the key role of funding in shaping the success of mental health policy and programming.The focus on mental healthcare funding structures provides a lens to analyze the differences in financial funding, resource allocation, infrastructure development of community-based or alternative care services, and government and social support of mental healthcare in the United States and United Kingdom. This analysis of each nation’s funding structure illustrates how the mental healthcare policies of the United States and United Kingdom came to differ. This Note argues that understanding the divergence in financial context and funding between these two nations provides vital information about how policies towards mental health developed. Further, it argues that an understanding of these pecuniary differences can provide impetus for the United States and the United Kingdom to learn from each other’s weaknesses in order to strengthen future mental healthcare policies and programs.
      PubDate: Wed, 22 May 2019 21:04:18 PDT
       
  • The Necessity of Human Rights Legal Protections in Mutual Legal Assistance
           Treaty Reform

    • Authors: Christine Galvagna
      Abstract: Mutual legal assistance treaty (MLAT) reform is a transnational legal movement aimed at facilitating more rapid law enforcement access to cross-border data, while also preventing violations of state sovereignty through the exercise of extraterritorial jurisdiction over data. Efforts primarily focus on the United States (U.S.) mutual legal assistance (MLA) process, as it is exceedingly slow and convoluted, but also unavoidable, given that most major tech companies have their bases in the U.S. Recently proposed or enacted legal instruments include the U.S. CLOUD Act, the European Union’s (EU) e-Evidence proposal, Council of Europe’s forthcoming Additional Protocol to the Convention on Cybercrime, and a draft treaty for an International Data Access Warrant. Worryingly, most of these instruments would facilitate access by eliminating U.S. procedural protections and would fail to compensate for this loss with sufficiently protective human rights safeguards. This is dangerous. Superficially, MLAT reform may appear to be a merely technical or esoteric topic. However, by profoundly increasing the scope of law enforcement data collection powers, while simultaneously depriving individuals of protections against abuse of those powers, poorly designed MLAT reform policies will potentially result in the surveillance of states worldwide. Of the potential MLAT reforms, the draft proposal for an International Data Access Warrant, introduced by the United Nations (U.N.) Special Rapporteur on the right to privacy, most effectively speeds up access to data, deters extraterritorial jurisdiction over data, and safeguards human rights.
      PubDate: Wed, 22 May 2019 21:04:10 PDT
       
  • Protecting Internally Displaced Children in Armed Conflicts: Nigeria in
           Focus

    • Authors: Olaitan O. Olusegun Dr. (Mrs. et al.
      Abstract: Internal displacement, especially of children, is a common consequence of armed conflict. Children who become internally displaced as a result of armed conflict face significant trauma due to their vulnerability, in addition to the fact that many of them lose their parents before being moved to internal displacement camps. Moreover, the conditions of some of these camps are not favorable and may affect children’s health and wellbeing. Internally displaced children therefore need protection and care by the national governments of affected countries, with support from the international community. However, Nigeria has not effectively protected children who have been displaced by virtue of the Boko Haram-induced armed conflict. This is due to several challenges, including an inadequate legal framework, lack of institutional coordination, insufficient financial resources, and lack of political will. This Article seeks to highlight these challenges, in addition to discussing the effects of internal displacement on children. It then proffers recommendations as to how internally displaced children could be effectively protected in Nigeria.
      PubDate: Wed, 22 May 2019 21:04:00 PDT
       
  • Opportunities and Challenges Seeking Accountability for War Crimes in
           Palestine Under the International Criminal Court's Complementarity
           Regime

    • Authors: Thomas Obel Hansen
      Abstract: The International Criminal Court (ICC) is currently conducting a preliminary examination of the situation in Palestine, involving allegations against Israeli authorities and military personnel as well as what the Prosecutor refers to as “Palestinian armed groups.” The preliminary examination creates a framework for advancing accountability norms in the Palestinian context and globally for international crimes committed by States with significant resources. However, the road to accountability is anything but straightforward. Indeed, several challenges relating both to the applicable legal framework and broader policy issues, could delay—or potentially even undermine—the accountability process, if not properly understood and managed. One particularly important issue addressed in this Article relates to the ICC’s complementarity regime whereby the Court can only proceed with cases that are not subject to active and genuine investigation or prosecution domestically. Whereas this principle is usually seen as something that intrinsically advances accountability norms, this Article questions whether this is necessarily the case in situations involving global and regional powers. The Article makes three overarching arguments that advance our understanding of international criminal justice, in particular accountability for violations by states with significant resources. First, whereas the ICC is increasingly scrutinizing the actions of states with significant resources and seems willing to proceed with investigating highly sensitive situations, there are substantial challenges associated with achieving accountability for crimes committed by such states. Second, even if there are important variations in government responses, states with significant resources tend to take ICC intervention seriously, and there is some evidence that ICC interventions impact their behavior, although such change in behavior is not necessarily to the benefit of accountability. Third—and related to both of the above arguments—despite being typically viewed as something inherently “good” in terms of advancing accountability norms, the ICC’s complementarity regime often presents challenges for advancing accountability in situations involving states with significant resources.
      PubDate: Wed, 22 May 2019 21:03:52 PDT
       
  • Masthead Volume 9

    • PubDate: Wed, 22 May 2019 21:03:43 PDT
       
  • Letter from the Editor

    • Authors: Lara Thiele
      PubDate: Wed, 22 May 2019 21:03:33 PDT
       
  • Remedies for Victims of Human Trafficking Under the Palermo Protocol and
           United Nations Basic Principles: A Case Study Analysis

    • Authors: Josephine A. Suchecki
      Abstract: Human trafficking is a phenomenon that is happening right under our noses, yet does not receive the recognition nor publicity necessary to combat this human rights crisis. The Palermo Protocol and the United Nations Basic Principles have been implemented on an international level to solve these issues, but with varied success. The Palermo Protocol was created to apply to the prevention, investigation, and prosecution of the offenses established in article 5 of the Protocol. The Basic Principles from A/HRC/26/18 highlight the fact that effective remedies are not often accessible to victims of trafficking, as there are gaps between enactment and implementation of national laws and international standards, and these Principles are divided into four components. In the United States, the annual TIP Reports present information to the US Government and public at large regarding research on nations throughout the world and their status with respect to human trafficking. This Paper explores case studies of thirteen countries throughout the world and assesses their implementation of the Palermo Protocol and Basic Principles. Those Principles in this analysis include: rights and obligations, access to the right to a remedy, forms of a remedy, and a right to a remedy of child victims of trafficking. Although there have been positive steps taken to address remedial issues in trafficking in persons, there is still a lot of work to be done. Moving forward, there must be increased publicity regarding the prevalence of human trafficking, as well as an increased amount of resources to combat this crisis. There may be no specific formula for each country, but it will take more than legislation to create lasting change.
      PubDate: Sun, 27 Jan 2019 20:02:57 PST
       
  • The Right-To-Work for Rohingya in Thailand

    • Authors: Lara Thiele
      Abstract: The world finds itself currently in the biggest refugee crisis in history. Many individuals have to leave their home country and escape to a new home, hoping to remain there and begin a productive and dignified life. The stateless Rohingya are a group that has been part of this migratory movement due to the group’s maltreatment in Myanmar. Many Rohingya have gone to Thailand, where they have remained for over twenty years, without the permission to work or remain in the country lawfully. In fact, the current Thai laws neglect to allow for the Rohingya to remain lawfully in Thailand and to work legally under safe conditions. This is the case regardless of international obligations, such as under the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, which guarantee the right to work to foreign individuals in a State. In order for Thailand to be compliant with its international obligations, the Article calls for the Kingdom to amend its Immigration and Labor Laws, effectively allowing stateless individuals and refugees to live a dignified life through lawful and safe employment. These changes would further assist Thailand in using the refugees and stateless individuals’ labor in the most economically efficient way. With these changes, Thailand can be a model for many other countries to provide groups, such as the Rohingya, with the treatment they are entitled to under international law.
      PubDate: Sun, 27 Jan 2019 20:02:48 PST
       
  • A Catholic Response to Global Climate Change Migration

    • Authors: Michael S. Talbot
      Abstract: This Article examines Catholic Social Teaching’s approach to the challenges of human migration and environmental refugees. By juxtaposing the inadequacies of current international frameworks for protecting environmental migrants with previous sources of Catholic Social Teaching, this Article speculates on the possible moral argument to be made by the Church in support of efforts to fill a gap in the international legal framework around climate change induced migration. Ultimately, the Paper speculates that such an argument would include three components: (1) a broadening of the definition of refugee, (2) a recognition of our interconnected and interdependent lives, and (3) the expectation that those responsible for climate change have a special obligation to care for those most vulnerable to it.
      PubDate: Sun, 27 Jan 2019 20:02:40 PST
       
  • 18 U.S.C. § 3553(a)’s Undervalued Sentencing Command: Providing a
           Federal Criminal Defendant with Rehabilitation, Training, and Treatment in
           “the Most Effective Manner”

    • Authors: Erica Zunkel
      Abstract: The vast majority of federal criminal defendants are sentenced to prison, and non-incarceration sentences have become vanishingly small. During the sentencing process, federal district court judges are required to consider what sentence will provide the defendant with necessary rehabilitation and treatment in the most effective manner pursuant to 18 U.S.C. § 3553(a)(2)(d). Courts regularly undervalue, ignore, or even violate this statutory command. Some courts seem to believe that the Bureau of Prisons can provide adequate rehabilitation and treatment and do not explain how this squares with what the statute requires. Other courts barely engage with the issue. Only a minority of courts take the statutory command seriously. This is problematic because evidence shows that the Bureau of Prisons is ill-equipped to provide defendants with the most effective rehabilitation and treatment, particularly medical care and mental health care. This Article concludes that the courts should take § 3553(a)(2)(D)’s mandate much more seriously in sentencing federal criminal defendants. Likewise, defense attorneys should engage in vigorous advocacy at sentencing to ensure that courts understand the Bureau of Prisons’ severe limitations in providing effective, let alone adequate, rehabilitation and treatment.
      PubDate: Sun, 27 Jan 2019 20:02:31 PST
       
  • Right to a Healthy Prison Environment: Health Care in Custody Under the
           Prism of Torture

    • Authors: Juan E. Méndez
      Abstract: Deprivation of adequate health care — including preventive and remedial therapies — violates State obligations under domestic and international law. Because it deprived inmates of a fundamental right it is appropriate to analyze the scope of that obligation under norms of international law that are binding as treaty law or as customary international law. Recent developments in international standards illuminate the scope of the State’s obligations to provide health care to persons deprived of liberty. Salient among those recent developments in the normative framework is the most recent version of the UN Standard Minimum Rules for the Treatment of Prisoners, amended in late 2015 and now known as the Nelson Mandela Rules.
      PubDate: Sun, 27 Jan 2019 20:02:23 PST
       
 
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