AJIL Unbound

By: Dwight Newman | January 14, 2016 |

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Almost a decade after the 2007 adoption of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) by the UN General Assembly,[1]...

By: Asta Hill | January 14, 2016 |

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In the late 1970s thousands of Indigenous Australians initiated a movement back to the ancestral lands they had been removed from during the assimilationist era. Less than 50 years since their return to country, Aboriginal people living in Western Australia’s (WA) remote communities are again grappling with their impending redispossession. WA Premier...

By: Ibironke T. Odumosu-Ayanu | January 14, 2016 |

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Introduction

The extractive industry has contributed to the development of international law since colonial times. Contracts between states and extractive companies largely drive this global industry. This essay situates extractive industry contracts involving Indigenous peoples, long term actors who have significantly informed the development of international law,...

By: Catherine Powell and Carlos M. Vázquez | January 07, 2016 |

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AJIL Unbound is pleased to publish a symposium on the obligation of states under international law to criminalize marital rape. The lead essay by Melanie Randall and Vasanthi Venkatesh, Criminalizing Sexual Violence against Women in Intimate Relationships: State Obligations Under Human Rights Law, argues that international law requires the criminalization of sexual violence against women within marriage (...

By: Melanie Randall and Vasanthi Venkatesh | January 07, 2016 |

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Introduction

Criminalization of sexual violence against women in intimate relationships must form a central part of the human rights agenda for achieving gender equality. According to a study by the United...

By: Robin West | January 07, 2016 |

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Randall and Venkatesh’s important essay Criminalizing Violence against Women in Intimate Relationships is a breakthrough in our understanding of human rights, rape, and the institution of marriage, and the intersection of the three.[1] Rape within marriage, the authors argue, strips its victims of multiple human rights, and therefore any state’s refusal to criminalize it...

By: Julie Goldscheid | January 07, 2016 |

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International human rights frameworks offer powerful support for a range of reforms to address marital rape. Melanie Randall and Vasanthi Venkatesh’s valuable commentary, Criminalizing Sexual Violence against Women in Intimate Relationships, correctly shines a spotlight on the extent to which marital rape is still...

By: Gregory Shaffer | December 23, 2015 |

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This symposium of two essays responds to Alan Sykes’ editorial comment in the American Journal of International Law, entitled “Economic ‘Necessity’ in International Law.[1] In that comment, Sykes applies a rational choice approach from contract theory to assess the application of the “necessity” test by...

By: Alberto Alvarez-Jimenez | December 23, 2015 |

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Alan Sykes’ editorial comment, Economic “Necessity” in International Law, provides a multi-layered analysis of the defense of “necessity” in international investment disputes. Sykes’ main proposition is that the obligation to compensate investors for government measures prejudicing their investments during economic...