The mandate of the International Criminal Tribunal for the former Yugoslavia (ICTY), which was founded in 1993, was "to bring to justice those responsible for serious violations of international and humanitarian law committed in the former Yugoslavia since 1991 and thus contribute to the restoration and maintenance of peace in the region." However, this essay will argue that the...
For Bosnian and Herzegovinians fleeing the conflict in their homeland in the 1990s, the process of finding a safe haven was a tumultuous experience. Despite the protections outlined in the 1951 Geneva Convention, the response of former Yugoslavia’s neighboring countries to the humanitarian crisis was a tightening of borders and restrictive reception policies. These experiences...
In September 2017, the Kurdish Regional Government in Iraq held a referendum asking its people if they wanted to become an independent state. Nearly 93 percent of voters answered yes.1 This result was unsurprising. The Kurds, who are spread over numerous countries, are commonly described as the world’s largest nation of people without a sovereign country to call their own.2 Their...
In 2015, over one million migrants1 arrived in the European Union (“EU”).2 Many of the migrants were fleeing war and persecution in Syria, Afghanistan, Eritrea and other countries in Africa and the Middle East.3 The majority of the migrants sought asylum in the EU, a haven where they believed they could find work and opportunities for a better life.4 The EU, however, was...
This note will compare the state of the law surrounding medical aid in dying in the United States and the Netherlands. Medical aid in dying is currently legal in eight American states and the District of Columbia.3 In all nine United States jurisdictions that currently allow medical aid in dying, the only form of medical aid in dying that is available is what is commonly known as...
“Sustainability” surely figures amongst the most discussed themes by corporate lawyers and policymakers at the global level in the last years. In particular, much attention has been devoted to the performance of firms managed in a “sustainable” way and on how to design an ESG (environmental, social, governance) factors disclosure framework that provides meaningful information to...
By Rocky Esposito, Published on 01/01/20
Yousef Munayyer had to travel 6,000 miles to meet his wife, who had lived 30 miles from him their entire lives.1 When the couple decides to visit their families, they cannot fly into the same airport in Tel Aviv, although it is the closest to their hometowns. Instead, she must land in a different country, while her husband is permitted to fly into Tel Aviv’s Ben-Gurion Airport.2...
After finding that approximately ten million people worldwide are stateless, the United Nations High Commissioner for Refugees (“UNHCR”) launched the #IBelong Campaign, which seeks to end the global crisis of statelessness within a decade of its launch in November 2014, by identifying and protecting populations of stateless people and preventing further statelessness.1 The UNHCR...
Consumer genomics is an industry that is undergoing exponential growth. Although consumers in the United States (U.S.) currently purchase the bulk of online direct-to-consumer (DTC) genetic tests, the DTC industry’s business model depends on exploiting markets worldwide. DTC genetic testing companies increasingly seek to market and sell their services throughout the European...
This Note maintains that holders of fair, reasonable, and non-discriminatory ("FRAND")-encumbered standard-essential patents ("SEPs") should continue to have access to injunctive relief in United States courts as well as exclusionary relief at the United States International Trade Commission (“USITC”) in limited circumstances; the Note argues these limited circumstances should...
This Note will examine the regulatory and legal frameworks governing public-private partnerships (PPPs) in Nigeria and South Africa. This Note will also compare the enforcement, transparency, and effectiveness of PPPs within these legal and regulatory frameworks. Lastly, this Note will discuss the social and cultural impact of PPPs within Nigeria and South Africa. In comparing...
On April 21, 2012 a picture surfaced on the internet showing a beagle dog tied to the back of a Hyundai Equus. The dog was disemboweled, having died from being dragged behind the car at high speeds along a highway in Seoul, South Korea. Upon investigation, the owner claimed that the dog’s death was an accident, and police did not press charges due to insufficient evidence of...
The provision of health care has long been at the forefront of domestic and international debates, philosophical inquiries, and political agendas. A growing body of legal scholarship has added to the debate by examining the role of judicial review in the context of health-related litigation. What role, if any, should courts play in compelling the provision of health care or in...
This Article examines when and why lawyer organizations seek to influence law, either by promoting change or opposing it. The Article compares the activities of lawyer organizations in specific countries, noting at times how they work in conjunction with international or regional lawyer organizations. It seeks to identify the factors that enable the organizations to act and the...
Much ink has been spilt by scholars over how courts should adjudicate socioeconomic rights, frequently by scholars in countries that do not expressly include such rights in their constitution. Pedro Felipe de Oliveira Santos describes well the formalist approach that drives many jurists and scholars to argue for minimalism on the part of courts adjudicating socioeconomic rights...
The increasing legal recognition of rights to health, education, and housing, often referred collectively as “welfare rights,” “social and economic rights,” or simply “social rights” as I shall refer to them in this piece, has generated heated debates on several interrelated questions. Are these rights of the same nature as other human rights such as freedom of speech, freedom of...
The cryptocurrency market grew from a $1.5 billion market capitalization in early 2013 to over $795 billion in January 2018. Bitcoin, an exemplar cryptocurrency, gained value from $0.08 before 2010 to over $17,000 per bitcoin in December 2017. While cryptocurrencies have campaigned for revolutionizing financial transactions, the crypto-market is plagued by nefarious minds...
A fundamental right to education has long been recognized in constitutions around the world. In South Africa, the right to education is outlined in the founding provisions of the constitution which specifically acknowledge “the need to redress the results of past racially discriminatory laws and practices” as a reason for this right. The Supreme Court of the United States has...
This article revisits one of the most controversial issues of international investment law, namely the question of the effect of fork-in- the-road (FITR) clauses contained in investment treaties. It provides a comprehensive and detailed examination of the relevant arbitral case law, highlighting the co-existence of two formalistic approaches (based respectively on the distinction...
DeCODE Genetics, Inc., a pioneering Icelandic biotech firm, recently introduced a free website that permits Icelanders to learn whether they carry mutations in the BRCA2 gene that are known to increase cancer risk, even if these citizens have never participated in genetic testing. Approximately five thousand Icelanders have elected thus far to receive their status. This site is...
Within days of President Donald Trump’s 2017 Executive Orders on border security and immigration enforcement, President Mauricio Macri of Argentina issued a Decree to address what he declared was an urgent problem of immigrant criminality. The timing of the two Presidents’ actions triggered concerns that U.S.-style restrictionist immigration regulation was spreading to South...
Despite being the only regulatory agency empowered to establish definitions for food product labeling, the Food and Drug Administration (FDA) has not formally defined the term “natural.” The FDA’s reluctance to fully define the term increases consumer distrustful of the FDA as a regulatory body and has also led to a dramatic increase in class action lawsuits against major food...
Law-and-economics has been the dominant methodology in United States’ adjudication and law commentary for nearly 35 years. Because of its efficiency-only approach, law-and-economics has transformed the law itself from the impartial anchor of our social system into a political tool that legitimizes a new “false center.” Consequently, by failing in its role as a neutral force...