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La Migracion Ambiental En La Frontera Colombo-Ecuatoriana: ¿ Es Suficiente La Proteccion Internatcional Para Los Eco-Refugiados ?
No full textEl cambio climático es un fenómeno mundial que, acelerado por las actividades humanas, provoca grave degradación ambiental causando olas de migración humana y atentando contra el derecho a la vida. Estas actividades, algunas toleradas por la comunidad internacional, provocan el desplazamiento internacional no solo de habitantes de Estados insulares, sino también de terrestres como Ecuador y Colombia. Sin embargo, a pesar que la migración por causas ambientales es un fenómeno mundial cada vez más frecuente, no existe protección internacional para quienes se ven obligados a realizarla. El presente articulo expone la migración ambiental que sufren las comunidades indígenas que habitan en la frontera colomboecuatoriana a causa de la fumigación aérea con glifosato y estudia las categorías de protección del Derecho Internacional. Este articulo propone protección mediante la firma de un tratado con enfoque regional que proteja su derecho a una vida digna, para en el futuro inmediato extenderlo a todas las naciones
Comments on the September 6, 2023 Draft of a WIPO Broadcasting Treaty, the Definitions, Scope of Application, National Treatment and Formalities
Get PDFThe World Intellectual Property Organization (WIPO) is evaluating a proposal for a new treaty that provides rights to broadcasting organizations. The negotiations began in 1997 and are currently taking place in the Standing Committee on Copyright and Related Rights (SCCR). On September 6, 2023, the WIPO Secretariat published a revised draft text prepared by the SCCR Chair, SCCR Vice-Chairs and facilitators. This article looks at certain elements of the draft concerning the definitions, scope of application, national treatment and formalities. Objections to the text focus on several draft definitions and the scope of application on the grounds that (1) very broad categories of information transmissions are defined as broadcasting and broadcast programmes, including information not disseminated through traditional radio or television mediums, and (2) that point-to-point transmissions, as opposed to point-to-multipoint transmissions, are inappropriately considered broadcasting. The draft text clearly extends the broadcaster right to transmissions of works in the public domain, licensed under Creative Commons or similar licenses, or even works infringed by the broadcaster. The draft treaty text Article on National Treatment includes a dangerous upward ratchet on broadcaster’s rights, particularly as regards conflicts between the rights of authors, performers and audiences, on the one hand, and broadcasting organizations on the other. The conditions on formalities are unnecessarily restrictive. Alternatives are proposed for some sections of the draft text to narrow the types of transmissions and activities covered by the treaty. This comment does not discuss the default rights or limitations and exceptions to those rights, a topic that will be addressed in a subsequent paper
A Trusted Framework for Cross-Border Data Flows
Get PDFThe German Marshall Fund of the United States (GMF), in cooperation with the Tech, Law and Security Program (TLS) of the American University Washington College of Law, and with support from Microsoft, convened a Global Taskforce to Promote Trusted Sharing of Data comprising experts from civil society, academia, and industry to submit proposals for harmonizing approaches to global data use and sharing. Former US Ambassador to the Organisation for Economic Co-operation and Development (OECD) and GMF Distinguished Fellow Karen Kornbluh and Microsoft Chief Privacy Officer and Corporate Vice President Julie Brill co-chaired the taskforce; TLS Senior Project Director Alex Joel provided subject matter expertise.
The taskforce’s goal was to explore the common elements of existing proposals and identify viable paths toward a harmonized regime that allows data to flow in a trusted, secure, and rights-protecting way. This paper reflects the views of its authors at TLS and GMF. It was prepared by TLS’s Alex Joel with the assistance of Shanzay Pervaiz, who conducted extensive research and engaged with a range of experts, policymakers, and practitioners on whose professional experience and expertise this paper draws. GMF’s Karen Kornbluh and Julia Trehu also provided expert input.
Over 14 months, GMF and TLS jointly convened a series of roundtable discussions among members of the independent global taskforce. Its discussions did not seek to achieve agreement or consensus. Rather, members expressed a wide range of opinions and perspectives that greatly benefited this paper, which does not necessarily reflect the views of taskforce members (individually or collectively). Taskforce participation does not imply endorsement of or agreement with this paper in whole or in part. GMF and TLS thank the participants for selflessly sharing their time, expertise, and insights, and for engaging in productive and positive discussions on challenging issues. This paper was originally posted by GMF on their website
An Assessment of the United States\u27 New Position on An Aggression Tribunal for Ukraine
No full textOn Monday evening, in prepared remarks at a conference in Washington D.C., U.S. Ambassador for Global Criminal Justice, Beth Van Schaack made a significant announcement: “[T]he United States supports the development of an internationalized tribunal dedicated to prosecuting the crime of aggression against Ukraine.
The ICC Goes Straight to the Top: Arrest Warrant Issued for Putin
No full textЦя стаття також доступна українською мовою тут./This post is also available in Ukrainian here.
On Friday, the International Criminal Court (ICC) announced it had issued arrest warrants for Russian President Vladimir Putin and his Commissioner for Children’s Rights, Maria Alekseyevna Lvova-Belova. By issuing the warrants the Court confirmed it has “reasonable grounds to believe” that Putin and Lvova-Belova are criminally responsible for the war crimes of unlawfully deporting and unlawfully transferring children from occupied Ukraine into Russia (under articles 8(2)(a)(vii)) and 8(2)(b)(viii) respectively)
[quote] The ICC issued a warrant for war crimes in Ukraine. It came right for Putin.
No full text[quote] These are the first ICC warrants for alleged war crimes in Ukraine — and the court went directly for Putin. “Going straight to the top is a bold move for the ICC, but one that makes sense in this situation,” Rebecca Hamilton, associate professor at American University Washington College of Law, wrote in an email. “There are so many different actors working on accountability for war crimes in Ukraine, but the ICC is the only one with the capacity to go after President Putin.
[quote] NFL Can Point to Progress in Diverse Hiring But Work to be Done in Coaching
No full text[quote] A professor of sports law at American University and a longtime observer of the NFL’s hiring practices, Duru, too, acknowledges the NFL has made strides in diverse hiring, but also notes that opposition to inclusion is increasing exponentially in some parts of the nation.
“There have been gains in general manager, team president and in other realms of the league. And so in many regards, the last few years have seen an uptick with respect to equity and with respect to diversity. It’s also fair to say that the league is at a bit of a crossroads now,” said Duru, author of the definitive book on the creation of the Rooney Rule, Advancing The Ball: Race, Reformation, and the Quest for Equal Coaching Opportunity in the NFL.
“When the summer of 2020 happened and the year that followed it, you saw organizations and entities [display] a great commitment to diversity. The question, though, was is this gonna be a moment or a movement. What we’ve seen more recently, pursuant to different state legislatures and other efforts, has been a substantial backtracking on kind of that short-lived commitment to really challenging systemic discrimination. Are we gonna continue pushing forward for true equity? Or are we gonna take our foot off the gas?
Class of 1915
No full textClass of 1915, third floor, right wallhttps://digitalcommons.wcl.american.edu/photo_1910/1005/thumbnail.jp
Class of 1975
No full textThe Law School Honor Society, Class of 1975https://digitalcommons.wcl.american.edu/photo_1970/1000/thumbnail.jp
Pro-Choice (of Law): Extraterritorial Application of State Law Using Abortion As a Case Study
Get PDFMadison Underwood was scheduled to receive a life-saving abortion at a clinic in Tennessee when her doctor told her the procedure had been canceled. The Supreme Court had overturned the constitutional right to abortion a few days prior. Although Underwood’s abortion was still legal in Tennessee, her doctor felt performing the procedure was too risky with the law changing so quickly