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UNCLOS, UNDRIP & TARTUPALUK: The Grim Tale of Hans Isle and Graense
“Inuit have lived in the Arctic from time immemorial.” The Arctic, in the face of climate change, has become a hot spot for exploration, resource extraction, and increased shipping and scientific activity. “[The] Inuit . . . have had a common and shared use of the sea area and the adjacent coasts” among their own communities, and contemporaneously with the world. This vast circumpolar Inuit Arctic region includes land, sea, and ice stretching from eastern Russia (Chukotka region) across the Berring Strait, to Alaska, the Canadian Arctic, and Greenland, representing an Inuit homeland known as Nunaat. Hans Isle, a small Arctic Island, is located within the territorial limits of both Canada and Greenland, resulting in both nations asserting claim to the island, its maritime boundaries, seabed and resources, despite the long Inuit traditional occupation and use there
International Agreements Shaping Migration Solutions
In an increasingly complex and interdependent state of international relations, international treaty negotiation, adoption, and implementation constitute an important component of global foreign policy and activity of states. International agreements embody sovereign and state-to-state relations and behavior in a global forum. International agreements manifest in ways that vary in form, subject, formalities, parties, scope, forum and many other elements
The World Bank, the Inspection Panel & Immunity
The establishment of the Inspection Panel marked a turning point for the World Bank, at a time when the notion of accountability in international financial institutions was still nascent. Triggered by people\u27s movements, this bold experiment aimed at transparency faced hurdles as the Bank was immune to legal consequences, and over a while, it weakened the Panel\u27s mandate. The 2019 US Supreme Court decision stripping the Bank of absolute immunity reshapes its accountability landscape. Post-immunity, the Panel gains renewed significance, scrutinizing and recommending actions. Legal repercussions for non-compliance bring a paradigm shift, compelling the Bank to enhance transparency, engage communities, and fortify safeguards. Amid challenges and past lapses, a recalibrated Panel, empowered to prevent harm, emerges crucial for a more just, transparent, and equitable global development landscape
The Failure to Grapple with Racial Capitalism in European Constitutionalism
This chapter grapples with the absence of the concept of racial capitalism in European constitutionalism in spite of centuries of racial subordination in European colonies abroad and discrimination towards ethnic minorities at home. The rise of the European Economic Community in the late 1950s is often portrayed by scholars as a means to correct the legacies of racial and gender subordination that culminated with the Holocaust and the Second World War. Purportedly, the European Community seized the opportunity to start anew with a modernist and quasi-federal constitutional project inspired by the United States and its progressive Warren Court. However, by bracketing the dark sides of US federalism and building bridges across the Atlantic to construct European constitutionalism, prominent scholars such as Eric Stein, Mauro Cappelletti, and Joseph H. Weiler dismissed how the jurisprudence of the US Supreme Court over time protected the legal entitlements of slaveowners, businesses, and states at the expense of slaves, workers, women, and children. This selective reception of US constitutionalism, which portrayed law only as a tool of emancipation rather than oppression, has obscured the embeddedness of racial capitalism in the European political economy.https://digitalcommons.wcl.american.edu/facsch_bk_contributions/1420/thumbnail.jp
The Art of International Law
International lawyers study international law primarily through its written texts—treaties, official documents, judgments, and scholarly works. Critical to being an international lawyer, it seems, is access to the written word, whether in hard copy or online. Indeed, as Jesse Hohmann observes, “the production of text can come to feel like the very purpose of international law.
Latin America\u27s Contribution to the Normative Discussion Around Rising Sea Levels: Incorporating the Principles of Uti Possidetis and Solidarity
Ladies and gentlemen, dear colleagues, good morning. Initially, I would like to give thanks for the kind invitation made by Professor Claudio Grossman and now members of the committee to participate in this special conference on sea level rise and International Law’s impact on the Americas, which has set up an ahead of time debate due to the effects that are being experienced by the entire international community
The Human Face of Sea Level Rise: Protection of persons Affected
Thank you so much, Professor Grossman. I will not take time from my presentation to do a long thank you or introduction, but I really wanted to thank you warmly, Claudio, for putting together these two days of conversation so that we can connect with the Americas and also have your contributions and your experiences to our work, which you, Claudio, have committed to and are delivering on your promise to help us to navigate through what is going on in the Americas concerning sea-level rise. This is very important because, as it was mentioned, the Commission works based on practice, and we are making good effort to have as representative a practice as possible, so this is a very welcome opportunity, certainly from the Co-Chairs of the Study Group, but I think from the whole Study Group and the whole Commission—we appreciate your efforts and all your contributions
The Inspection Panel and International Law
This essay argues that the creation of the Inspection Panel (Panel) was an important international legal development. It was the first time that an international organization established a mechanism that enabled those communities and individuals who claimed they had been harmed by the decisions and actions of the international organization to hold the organization accountable. The creation of the Panel also promoted the role of non-state actors in making the soft international law that is applicable to the international financing of development projects. This essay will discuss each of these developments before drawing some conclusions about the Panel and international law
Class of 1913
Class of 1913, third floor, right wallhttps://digitalcommons.wcl.american.edu/photo_1910/1003/thumbnail.jp