FEMALE GENITAL MUTILATION IN INTERNATIONAL LAW: APPROACHES OF INTERNATIONAL AND REGIONAL LEGAL FRAMEWORKS

This article will look at international frameworks and regional efforts which are guiding the mission to eliminate the practice of female genital mutilation (FGM) globally. The article will then consider the challenges to monitoring and enforcement of laws prohibiting the practice including arguments that it is a religious practice which is protected by international law. … Read more

PROTECTING NATIVE HUMAN RIGHTS DURING NATURAL DISASTERS THROUGH FREE, PRIOR, AND INFORMED CONSENT: A CASE STUDY ON ARGUING FPIC AS A TOOL FOR HUMAN RIGHTS

It is an established principle of disaster preparedness that the involvement of local communities in disaster risk reduction and emergency planning processes greatly increases that community’s resilience in the face of natural disasters. Communities often have unique hazards, strengths, internal dynamics and politics, response capabilities, and vulnerabilities that require equally unique emergency preparedness plans that … Read more

Across the Public/private International Legal Divide in the Governance of Global Public Goods

International law has long experienced a divide or “schism” between publicand private international law.1 This divide is not only heuristic, it has deeplyconstitutive effects on what is possible in the international landscape. The dividecreates multiple shadow areas in which the private is rendered invisible and cannotbe regulated, or at least not using traditional legal mechanisms.2

Effective Engagement of Multinational Corporations to Address Existing Inadequacies in the Enforcement of Norms Against Human Trafficking and Forced Labor

In all its forms, human trafficking is the third largest criminal enterprise in the world, generating roughly 150 billion dollars every year and growing rapidly.1 Though there is arguably some dispute about the number of victims of human trafficking and forced labor, the most widely accepted number seems to fall between twenty-one and twenty-seven million … Read more

The Role of Law and the Rule of Law in the Economic Development Process: Quest for New Directions and Approaches in International Development Law Regime

INTRODUCTION“Trends of events in the international system appear to have clearly estab-lished that developing countries have been placed in a weaker structural position inthe global-economy1 but also tend to be placed in a less dominant position on othervariable indicators”2 of power within the international system, including political,military, and legal.3 Evidence also suggests that the international … Read more

The New Global Attack on Personal Tax Evasion Using Foreign Investment and the Role of the United States

Policy development related to international tax evasion grew substantially in the first decade of this century and has exploded in the years since. A fear that the growing ease of global financial asset movements had increased the number of persons – particularly rich persons – evading home country tax obligations provided an important impetus in … Read more

Internationalizing Domestic Disputes? Transnational Public–private Partnership in WTO Litigation

For approximately two decades, commentators have extensively investigated the production of World Trade Organization (WTO) cases.1 The WTO Dispute Settlement Body has been the central pillar of the WTO system since its establish- ment, because it is the institution within the system that can authorize sanctions for violations of the WTO agreements, but also plays … Read more