Archive for ‘Uncategorized’

Culture Clash: A Comparative Law Perspective on the United States’ Frustrations with the WTO Dispute Settlement Body

Culture Clash: A Comparative Law Perspective on the United States’ Frustrations with the WTO Dispute Settlement Body

By Brian Soiset.

The Trump administration’s critiques of the global trading system in many ways mark a break with decades of the United States’ trade policy, which had encouraged trade liberalization and the development of rules-based institutions.  In one respect, however, its policies have been more a continuation (albeit escalation): critiquing the World Trade Organization’s Dispute Settlement Body.  The DSB acts as the WTO’s judicial body, ruling on disputes between members that arise under WTO agreements.  The DSB is similar to a court system, with mechanisms ranging from arbitration to more formalized hearings and appeals.  Because the WTO can authorize retaliation against members who do not comply with decisions of the DSB, its decisions are regarded as binding. […]

How Angela Merkel Leads With Her Moral Compass

How Angela Merkel Leads With Her Moral Compass

By Jose M. de Areilza.

Angela Merkel, the most powerful woman in the world, is preparing her exit from politics, faithful to the principles that have inspired her for 30 years: realism, caution, flexibility, sobriety, as well as a profound knowledge of the issues at hand and a deep moral commitment to human dignity. The chancellor ends a long trajectory of public service in order to facilitate the renewal of Germany’s Christian Democratic Union. […]

A Nobel Prize is Not Enough

A Nobel Prize is Not Enough

By Layla Abi-Falah.

On October 5, 2018 the Norwegian Nobel Committee awarded Dr. Denis Mukwege and Nadia Murad the Nobel Peace Prize for their dedication to the end of mass wartime rape as a weapon of armed conflict. In the midst of devastating, never-ending conflicts in the Congo and Iraq, Dr. Mukwege’s work with Panzi Hospital has led to the treatment of thousands of rape survivors and Murad’s rejection of social responses to rape by speaking openly of her rape and abuse under Islamic State (IS) captivity has brought greater visibility to the systematic use of rape by IS militants throughout the Middle East. […]

Why Referendums on Human Rights are a Bad Idea: Reflecting on Romania’s Failed Referendum on the Traditional Family from the Perspective of Comparative Law

Why Referendums on Human Rights are a Bad Idea: Reflecting on Romania’s Failed Referendum on the Traditional Family from the Perspective of Comparative Law

By Elena Brodeala.

In a recent blog post, I argued, based on the recent failed referendum on the traditional family in Romania, that human rights should not be subject to a popular vote. Similar arguments have been made by commentators observing other countries, such as Australia and Ireland, that have also put the question of same-sex marriage to a popular vote. A broader discussion on the use of referendums on human rights is needed. In this blog post, by putting the Romanian example in conversation with comparative law material, I want to bring into discussion further arguments on why referendums on human rights are a bad idea. […]

Not All Wounds Heal with Time: Why the Gambia Needs Transitional Justice

Not All Wounds Heal with Time: Why the Gambia Needs Transitional Justice

By Shaina Salman.

It happened quickly. Yahya Jammeh, The Gambia’s twenty-two-year de facto dictator, boarded a plane to Equatorial-Guinea accompanied by Alpha Condé, Guinea’s president, and most of his fleet of luxury cars. It was almost as if Jammeh’s departure suddenly ripped a band-aid from The Gambia exposing its deep wound to the world- a wound many accuse Jammeh himself of inflicting. Many now think it is time to move on. With Jammeh gone and Adama Barrow having been democratically elected President of The Gambia, many think it is now time to forget about the past and forge a new path.  Unfortunately, as we have learned from countries that have dealt with conflict, dictatorships, and civil war, time alone does not heal all wounds. Sometimes, wounds need to be treated, disinfected, and nursed back to health and the same can be said for societies that have been marred by regimes of terror. These societies need to deal with the sources of its pain, understand past transgressions in order to avoid further damage in the future. The Gambia needs transitional justice – it needs mechanisms that deal with all the open questions left to be answered -it needs to do so on its own and it needs to do so by establishing equitable processes that allow people to find peace in the truth and to repair the years of damage as best as possible. […]