Finding Hope for the Hopeless: Detention, Statelessness and International Criminal Law
Harvard International Law Journal
by Harvard ILJ
11M ago
Kushagr Bakshi* In August 2019, as directed by the Supreme Court,[1] the Government of India published its National Register of Citizens for the state of Assam.[2] In one fell swoop, around 1.9 million people, many of whom had generational roots in Assam were declared foreign.[3] Given the migration arising from the Bangladesh Liberation War of ..read more
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Due Process Denied: A Case Study on the Failures of U.S. Affirmative Asylum
Harvard International Law Journal
by Harvard ILJ
11M ago
Anna R. Welch and Sara P. Cressey* With this new [asylum] program in place, we will be better equipped to carry out the spirit and intent of the Refugee Act of 1980 by applying the uniform standard of asylum eligibility, regardless of an applicant’s place of origin. We can thus implement the law based on ..read more
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Somewhere Over a Green Rainbow?—The Overlooked Intersection between the Climate Crisis and LGBTQ Refugees
Harvard International Law Journal
by Harvard ILJ
11M ago
Eoin Jackson* The international community drafted the UN Refugee Convention (hereinafter ‘The Convention’) with the horrors of the Second World War still fresh in its mind. At the time, LGBTQ people were illegal in most countries and climate change was the stuff of scientific fantasy.[1] Despite this historical context, activists have sought to use the ..read more
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Shared Responsibility: Building a Pathway to Justice for Missing Migrants and Their Families
Harvard International Law Journal
by Harvard ILJ
11M ago
ANGEL GABRIEL CABRERA SILVA* Introduction International human rights law was built on a straightforward legal assumption: that every human rights violation can be pinpointed as a single state’s responsibility. Grounded in a (now outdated) vision of state sovereignty, this doctrinal emphasis on “single-state” responsibility not only oversimplifies the socio-political reality of our times, but in ..read more
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Vol. 64 Book Review
Harvard International Law Journal
by Harvard ILJ
1y ago
“Domestic Application of International Law: Focusing on Direct Applicability” by Judge Yuji Iwasawa By Sinh Vuong Nguyen and Sarah Lorgan-Khanyile Yuji Iwasawa’s “Domestic Application of International Law: Focusing on Direct Applicability” provides a timely elaboration on how to navigate the rapidly evolving landscape of international law. Iwasawa argues that tectonic shifts in international law have ..read more
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Evolution of Business & Human Rights Obligations – From Soft Law to Voluntary Initiatives to Emerging International Standards & National Regulations
Harvard International Law Journal
by Harvard ILJ
1y ago
PATRICK MILLER & KABIR DUGGAL* Introduction Milton Friedman famously stated that a business has no purpose except to increase shareholder value. This approach is increasingly dying.[1] Most international commercial lawyers have a general sense of human rights law—though it is often dismissed as a collection of non-binding, aspirational pronouncements having little practical effect on the way ..read more
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Volume 64, Issue 1
Harvard International Law Journal
by Harvard ILJ
1y ago
FRONT MATTER NOTE: Empty Promises: Peacekeeper Babies and Discretionary Impunity Within the United NationsBy Emma Svoboda ARTICLES: Hidden Power in Global Supply ChainsBy Trang (Mae) Nguyen Expert Governance of Online SpeechBrenda Dvoskin Reconceptualizing the Party-Appointed Arbitrator and the Meaning of ImpartialityCatherine A. Rogers Courts Without Separation of Powers: The Case of Judicial Suggestions in ChinaBy ..read more
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Tribute to Professor William P. Alford
Harvard International Law Journal
by Harvard ILJ
1y ago
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Volume 63, Issue 2
Harvard International Law Journal
by Harvard ILJ
1y ago
Front Matter ARTICLES A New Framework for Digital Taxation By: Reuven Avi-Yonah, Young Ran (Christine) Kim & Karen Sam International Anticorruption Law, Revisited By: Jose-Miguel Bello y Villarino The International Organization for Migration and New Global Migration Governance By: Janie A. Chuang Agility Over Stability: China’s Great Reversal in Regulating the Platform Economy By: Angela ..read more
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Turning Sanctions into Reparations: Lessons for Russia/Ukraine
Harvard International Law Journal
by Harvard ILJ
1y ago
EVAN J. CRIDDLE* Abstract Within the past year, members of Congress have introduced nearly a dozen bills to make Russia pay for its military aggression against Ukraine. This Essay argues that none of the bills are satisfactory because they would either violate international law or fail to deliver meaningful compensation to Ukraine. Instead, the Essay ..read more
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