Nationality and Defining “The Right to Have Rights”

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Since the late 1990s, the U.N. High Commissioner for Refugees and scholars have suggested that legal nationality, as is relevant to the right to a nationality, comprises not only traditional rights regarding movement and access to diplomatic protection but also civil and political rights. They have equated nationality with enfranchised citizenship, identifying certain groups of non-citizen nationals as stateless. This Note reviews the history of nationality in international law and concludes that nationality and citizenship were and continue to be separate concepts.

User-Generated Evidence

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Around the world, people are increasingly using their smartphones to document atrocities. This Article is the first to address the implications of this important development for international criminal law. While acknowledging the potential benefits such user- generated evidence could have for international criminal investigations, the Article identifies three categories of concern related to its use: (i) user security, (ii) evidentiary bias, and (iii) fair trial rights.

Tying the Knot: An Interdisciplinary Approach to Understanding the Human Right to Adequate Nutrition

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Malnutrition is alarmingly prevalent, affecting one in three people worldwide. In this Article, we argue that a key reason the global community has been unsuccessful in combatting malnutrition is a lack of clarity outside the field of nutrition regarding the true mean- ing of “nutrition.” In particular, this has limited the effectiveness of international human rights law as a mechanism for addressing malnutrition.

The State Power to Boycott a Boycott: The Thorny Constitutionality of State Anti-BDS Laws

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The Boycott, Divestment, Sanctions (“BDS”) Movement, a global effort to oppose the State of Israel in its actions toward Palestine, is one of the most divisive topics in global politics. Since it began in 2005, BDS has also been legally divisive in the United States. U.S. states began passing anti-BDS laws in 2015, and twenty-seven states have since passed legislation or executive orders restricting the state governments’ commercial dealings with entities that participate in BDS activities against Israel.

Conceiving Criminality: An Evaluation of Abortion Decriminalization Reform in New York and Great Britain

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This Note examines how laws make abortion feel like a crime and looks to the history of abortion laws, the current laws, and the reform movements in both juris- dictions to posit that the consequences of partial abor- tion criminalization vary depending on the existence of other laws and legal norms that question its partial criminalization. Finally, this Note challenges assump- tions about the effects of abortion regulation by ana- lyzing it through the lens of stigma.

Monetary Mechanisms in Work Migration

This Article explores the institutional role monetary mechanisms play, or could play, in work migration programs. The Article first explores the role of informal recruitment fees in this context. The Article then analyzes different monetary bond and reward models and the ways in which they can address the screening and enforcement challenges that are created by the structure of guest worker programs and exacerbated by fees. Acknowledging the virtues as well as the limitations of monetary regulation in the context of work migration calls for further creative thinking about institutional design in this field.

Europe’s Moral Margin: Parental Aspirations and the European Court of Human Rights

The European Court of Human Rights (ECtHR) balances along two axes: individual right vs. government interest and national vs. supranational judgment. The Court calibrates the level of deference it affords States through the margin of appreciation, a doctrine designed to vary how strictly the supranational court will scrutinize national decisions. This Article challenges the way in which the Court deploys margin of appreciation in order to defer to “sensitive moral and ethical” decisions taken by domestic institutions. I call this deference the “moral mar-gin.” Although the European Convention on Human Rights explicitly authorizes the Court to take “protection of morals” into account when weighing rights claims, I argue that the Court has used this authorization in a manner that fails to honor its role within Europe.

Customary Law Principles as a Tool for Human Rights Advocacy: Innovating Nigerian Customary Practices Using Lessons from Ugandan and South African Courts

The concept of human rights has been criticized by some African scholars and leaders as a Western imposition of values, with such criticisms delegitimizing human rights efforts in Africa. In addition, international human rights institutions are often too far-removed from the everyday realities of most Africans, and thus are abstract means of vindicating basic rights and freedoms. This Note argues, in light of this context, and in response to anti-imperialist human rights criticisms, that a more immediate and seemingly legitimate means of human rights reform lies in courts using customary law norms, and the principles inherent at their origin, to push customary law to be more human rights compatible.

Hiding in the Light: the Misuse of Disclosure to Advance the Business and Human Rights Agenda

Under the MSA, corporations are required to file annual reports disclosing what action they had taken to eradicate slavery and human trafficking in their supply chains. The Modern Slavery Act, in turn, was a much-lauded law that is part of the growing trend of States to move the international business and human rights agenda forward. A key component of that agenda involves disseminating the UN’s Protect, Respect and Remedy Framework and implementing the UN Guiding Principles, which have been praised by States around the world as a framing mechanism for issues of corporate accountability for negative human rights impacts in a corporation’s operations and relationships with its suppliers. The aim of this Article is to analyze whether the business and human rights agenda (as embodied by the Three Pillar Framework and UN Guiding Principles) is well served with national laws that focus on disclosure.

Language as a Canary: The Role of Language in the Refugee Regime

This Note will explore the role of language in asylum claims and specifically how and why language discrimination can serve as a predominate indicator of persecution on the basis of nationality by examining language rights in relation to identity, nationality, and power dynamics. Overall, this Note aims to persuade the refugee regime to pay more attention to language discrimination, because even if it doesn’t amount to persecution by itself, language may be the canary for escalating social tensions.