Category Archives: International Law

New Article: Challenging Domestic Injustice Through International Human Rights Advocacy: Addressing Homelessness in The United States

New Article: Eric Tars et al., Challenging Domestic Injustice Through International Human Rights Advocacy: Addressing Homelessness in The United States, 42 Cardozo L. Rev. 913 (2021). Abstract Below:

This Article explores how international human rights norms and procedures can serve as a powerful tool in addressing injustice in the United States context, using work addressing the criminalization of homelessness as a case study. Moreover, it explores how civil and political rights and negative obligations by the government can serve as an entry point for asserting a more robust understanding of rights that includes social and economic rights and affirmative obligations by government. The Article documents and analyzes original work led by the National Homelessness Law Center and other pioneering advocates, reflecting on lessons learned and next steps to make the human right to housing a legal obligation in our country.

New Article: Preventing Trafficking Through New Global Governance Over Labor Migration

New Article: Janie A. Chuang, Preventing Trafficking Through New Global Governance Over Labor Migration, 36 Ga. St. Univ. L. Rev. 1027 (2020). First paragraph below:

The year 2020 marks the twentieth anniversary of the United Nations (U.N.) Trafficking Protocol—a treaty that established the foundation for global efforts to address the problem of human trafficking. That treaty offered an early framing of the problem as a transnational crime, best addressed through aggressive prosecution of traffickers and international cooperation to that end. Since the Protocol’s adoption, global antitrafficking law and policy have evolved significantly. The once near-exclusive focus on the prosecution prong of the treaty’s “3Ps” approach to trafficking— focused on prosecuting trafficking, protecting trafficked persons, and preventing trafficking—has given way to an increased emphasis on victim protection. Prevention, however, remains the 3Ps’ most neglected prong. Prevention efforts have narrowly focused on public awareness campaigns to warn vulnerable populations, as well as potential consumers of trafficked goods and services, of the risks and many manifestations of human trafficking.

New Article: Connecting Past and Present: Central America’s Forced Migration as an Unfinished Project of Building Just Nations Post-Colonization and Post-Conflict

New Article: Aldana, Raquel E. and Mancilla, Mario René and Mogollón, Luis, Connecting Past and Present: Central America’s Forced Migration as an Unfinished Project of Building Just Nations Post-Colonization and Post-Conflict (May 27, 2020). UC Davis Legal Studies Research Paper Forthcoming. Abstract below:

In this white paper, we aim to explicitly connect today’s Central America’s forced migration phenomena to the broader largely failed project of liberating the people from the Northern Triangle from the terrible grip of failed nations. We do this despite the obvious: neither civil wars nor incredibly ambitious peace processes have been terribly successful to help these nations transition to stronger and just democracies. The risk is great that we will fail to provide viable solutions to the Central American forced migration phenomena. We feel strongly, however, that our frame must embrace the complexity of forced migration’s root causes in the region and at least try to take up the daunting task of offering solutions that aim to innovate while at the same time contextualize a project of building just nations post-colonization and post-conflict that has been going on for more than a century.

We proceed in three parts. First, we provide a framework for understanding the concept of failed nations in Central America, with a particular focus in the Northern Triangle. Second, we provide a brief account of the heroic and monumental post-conflict nation-building efforts in the Northern Triangle, both the gains and unfinished tasks, to contextualize the recommendations that follow in Part III. In part III, we attempt to modernize a vision for building just nations in the Northern Triangle by (1) providing prescriptions that, inter alia, deemphasize, at least in the short term, the role of federal nation states in favor of more decentralized solutions that include local governments and communities (2) include important cross-border solutions that account for the ever present transnational agency of the problems in the region and (3) take up issues, both old and new, through evolving frameworks connecting human rights to sustainable development.

New Article: The Human Right of Property

New article: José E. Alvarez, The Human Right of Property, University of Miami Law Review, Forthcoming, NYU School of Law, Public Law Research Paper No. 18-21 (2018).

Abstract below:

International law has long sought to protect property rights both on their own terms and as a “human right.” This article surveys the reality of internationalized property rights protections, particularly as protected by 21 human rights treaties. It addresses how the U.S. has contributed to the internationalization of the right, even while U.S. courts, along with many human rights advocates generally, continue to resist the idea that there is a “human right” to property protection that extends to a nation’s own citizens. The essay also canvasses the policy and jurisprudential objections to the idea of a human right of property and uses the property case law of the Inter-American Court of Human Rights to provide a non-instrumentalist defense of the right based on conceptions of human dignity.

New Op-Ed: Making Tariffs Corrupt Again

New Op-Ed: Paul Krugman, Making Tariffs Corrupt Again, NYTimes.com, Sept. 20, 2018.

News Coverage: Trump poised to cut all US funding for key UN Palestinian refugee programme

News Coverage: Peter Beaumont & Oliver Holmes, Trump poised to cut all US funding for key UN Palestinian refugee program, TheGuardian.com, Aug. 31, 2018.

News Coverage: Facebook Identifies New Political Influence Operation Ahead of Midterm Elections

News Coverage: Facebook Identifies New Political Influence Operation Ahead of Midterm Elections,  Sheera Frenkel & Nichloas Fandos, NYTimes.com, Aug. 21, 2018.

New Article: Back to the Basics: Lessons from U.S. Property Law for Land Reform

New Article: Shelley Cavalieri, Back to the Basics: Lessons from U.S. Property Law for Land Reform, Denver Law Review, Vol. 95:1, 2017. Abstract below:

Redistributive land reform programs are a central development approach in nations of the global south. For proponents of land reform, land redistribution is an obvious strategy, designed to reduce hunger and poverty, to bolster citizens’ ability to support themselves and their families, and to shape the future of burgeoning democracies worldwide. But for land reform skeptics and opponents, land reform is something of a puzzle. While states routinely redistribute money, the choice to distribute land seems somewhat peculiar. On its face, it is not obvious why land is worthy of a separate, strange approach, when this is not how nations consider the allocation of many other crucial non-monetary resources. To invest money in reducing the concentration of land by purchasing from some in order to give or sell land to others seems far more complex than simply redistributing financial resources. Yet those who think about property know that land is different—land is unique and culturally important. It therefore warrants specific consideration as nations contemplate how to create the good society.

Essential theoretical insights about property should form the foundation of land reform efforts, but these too often go unstated, leaving land reform efforts’ theoretical underpinnings unexplored. This Article serves to fill this gap, grounding market-compatible land reform in property’s animating principles. The Article considers five different sources of lessons that property theorists can teach those implementing land reform. First, it observes that land is unique and therefore worthy of special treatment as a social good due to its rivalrous and nonfungible character. Second, it argues that land reform must recognize the shifting nature of land as a contextual, contingent resource that bears separate meanings in different communities, social classes, and nations. Third, it recognizes that land reformers must understand the role of land in constituting individual identity and personhood. Fourth, the Article examines the historical role of land in constructing social status and creating wealth. Fifth, the Article considers how land constitutes citizenship, both by shaping the individual and the relationship of the individual to the nation. The Article then makes two key arguments about how these lessons are useful in the context of land reform. First, the Article argues that these property lessons can explain why redistributive land reform matters. Second, the Article leverages these property lessons to make land reform more effective. The Article concludes by observing that these lessons about land will fundamentally alter the way land reform is undertaken, contributing essential knowledge to those eager to enact redistributive land reform initiatives.

New Report: Children in Pretrial Detention: Promoting Stronger International Time Limits

New Report: Juvenile Justice Advocates International, Human Rights Center at The University of Minnesota School of Law, American University Washington College of Law, Clinical Program, Children in Pretrial Detention: Promoting Stronger International Time Limits (2018).

Call-for-Papers: Critical Legal Conference 2018 – Regeneration – Milton Keynes, England

The 2018 Critical Legal Conference will be held on 6-8 September 2018 at The Open University in Milton Keynes, with a postgraduate workshop taking place on the afternoon of September 5th.

This is an invitation for papers, panels or other interventions to the 2018 Critical Legal Conference hosted by the Open University Law School within the theme of regeneration.

Themes include:

  • Art/Law
  • Blockchain as neoliberal regeneration?
  • Complex financial systems: re-generation (autopoiesis) and the role of law in systemic failures
  • Critical legal education
  • From Unitary urbanism to community without propinquity
  • Gender, sexuality & law
  • General stream
  • Law, aesthetics, and Critical Legal Studies
  • Law and literature
  • Law in the Anthropocene: regulation as regeneration?
  • Legal regeneration: rebirth, revolution and reform
  • Property and power
  • (Re)generating ‘European’ space through experiences of exile
  • Senses of belonging, identity, and participation in a unsettled world
  • The end of humanity: resisting the catastrophic impact of the transformative technological imaginary

For more information, see the conference website: http://law-school.open.ac.uk/events/CLC-2018