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{"title":"Zaza Okuashvili v. Georgia. Case V 2019/058","authors":"Javier Garcia Olmedo","doi":"10.1017/ajil.2023.47","DOIUrl":"https://doi.org/10.1017/ajil.2023.47","url":null,"abstract":"An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content.","PeriodicalId":47841,"journal":{"name":"American Journal of International Law","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136128214","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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{"title":"Case of Pavlov and Others v. Russia. App. No. 31612/09","authors":"Ole W. Pedersen","doi":"10.1017/ajil.2023.48","DOIUrl":"https://doi.org/10.1017/ajil.2023.48","url":null,"abstract":"An abstract is not available for this content. As you have access to this content, full HTML content is provided on this page. A PDF of this content is also available in through the ‘Save PDF’ action button.","PeriodicalId":47841,"journal":{"name":"American Journal of International Law","volume":"55 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136128371","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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{"title":"The United States and Taiwan Sign Trade Agreement and Congress Enacts Law to Regulate the Negotiation and Approval of Taiwan Trade Agreements","authors":"","doi":"10.1017/ajil.2023.49","DOIUrl":"https://doi.org/10.1017/ajil.2023.49","url":null,"abstract":"An abstract is not available for this content so a preview has been provided. Please use the Get access link above for information on how to access this content.","PeriodicalId":47841,"journal":{"name":"American Journal of International Law","volume":"33 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"136128050","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"International Law's Invisible Frames: Social Cognition and Knowledge Production in International Legal Processes. Edited by Andrea Bianchi and Moshe Hirsch. Oxford; New York: Oxford University Press, 2021. Pp. xiv, 316. Index.","authors":"T. Soave","doi":"10.1017/ajil.2023.14","DOIUrl":"https://doi.org/10.1017/ajil.2023.14","url":null,"abstract":"","PeriodicalId":47841,"journal":{"name":"American Journal of International Law","volume":"117 1","pages":"548 - 552"},"PeriodicalIF":4.3,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49204605","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
J. Galbraith, Latifa AlMarri, Lisha Bhati, Rheem Brooks, Z. Green, Margo Hu, Noor Irshaidat
Abstract Fines and other financial sanctions are frequently imposed by criminal justice systems around the world. Yet they also raise grave concerns about economic discrimination. Unless they are perfectly scaled to defendants’ financial circumstances, they will penalize poor persons far more than rich ones—and poor defendants’ inability to pay can lead to further penalties like imprisonment or additional financial sanctions. These “poverty penalties” have received attention in domestic jurisdictions but are understudied as a global phenomenon. This Article takes up this issue and makes three contributions. First, it demonstrates that poverty penalties are prevalent in criminal justice systems around the world. Second, it shows how poverty penalties came to be overlooked in international human rights law and describes how this is starting to change. Third, the Article makes the normative case for addressing poverty penalties within human rights law and offers suggestions for how this can be achieved.
{"title":"Poverty Penalties as Human Rights Problems","authors":"J. Galbraith, Latifa AlMarri, Lisha Bhati, Rheem Brooks, Z. Green, Margo Hu, Noor Irshaidat","doi":"10.1017/ajil.2023.25","DOIUrl":"https://doi.org/10.1017/ajil.2023.25","url":null,"abstract":"Abstract Fines and other financial sanctions are frequently imposed by criminal justice systems around the world. Yet they also raise grave concerns about economic discrimination. Unless they are perfectly scaled to defendants’ financial circumstances, they will penalize poor persons far more than rich ones—and poor defendants’ inability to pay can lead to further penalties like imprisonment or additional financial sanctions. These “poverty penalties” have received attention in domestic jurisdictions but are understudied as a global phenomenon. This Article takes up this issue and makes three contributions. First, it demonstrates that poverty penalties are prevalent in criminal justice systems around the world. Second, it shows how poverty penalties came to be overlooked in international human rights law and describes how this is starting to change. Third, the Article makes the normative case for addressing poverty penalties within human rights law and offers suggestions for how this can be achieved.","PeriodicalId":47841,"journal":{"name":"American Journal of International Law","volume":"117 1","pages":"397 - 440"},"PeriodicalIF":4.3,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44687891","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Jean Galbraith, Latifa AlMarri, Lisha Bhati, Rheem Brooks, Zachary Green, Margo Hu, Noor Irshaidat, M. O. H. Akimi, J. E. L. D. Unoff, J. O. H. K. Nox, A. D. K. W. Ing, G. R. S. Haffer, M. I. D. C. Ooper, J. O. E. A. Lvarez, R. I. B. B. Ilder, George Washington, J. O. R. C. R. Potomac, Maryland L Ori, F. I. D. Amrosch, Columbia Law School, R. I. A. F. Alk, T. O. J. F. Arer, M. I. J. G. Lennon, Burling Llp
Fines and other fi nancial sanctions are frequently imposed by criminal justice systems around the world. Yet they also raise grave concerns about economic discrimination. Unless they are perfectly scaled to defendants ’ fi nancial circumstances, they will penalize poor persons far more than rich ones — and poor defendants ’ inability to pay can lead to further penalties like imprison-ment or additional fi nancial sanctions. These “ poverty penalties ” have received attention in domestic jurisdictions but are understudied as a global phenomenon. This Article takes up this issue and makes three contributions. First, it demonstrates that poverty penalties are prevalent in criminal justice systems around the world. Second, it shows how poverty penalties came to be overlooked in international human rights law and describes how this is starting to change. Third, the Article makes the normative case for addressing poverty penalties within human rights law and offers suggestions for how this can be achieved.
{"title":"AJI volume 117 issue 3 Cover and Front matter","authors":"Jean Galbraith, Latifa AlMarri, Lisha Bhati, Rheem Brooks, Zachary Green, Margo Hu, Noor Irshaidat, M. O. H. Akimi, J. E. L. D. Unoff, J. O. H. K. Nox, A. D. K. W. Ing, G. R. S. Haffer, M. I. D. C. Ooper, J. O. E. A. Lvarez, R. I. B. B. Ilder, George Washington, J. O. R. C. R. Potomac, Maryland L Ori, F. I. D. Amrosch, Columbia Law School, R. I. A. F. Alk, T. O. J. F. Arer, M. I. J. G. Lennon, Burling Llp","doi":"10.1017/ajil.2023.38","DOIUrl":"https://doi.org/10.1017/ajil.2023.38","url":null,"abstract":"Fines and other fi nancial sanctions are frequently imposed by criminal justice systems around the world. Yet they also raise grave concerns about economic discrimination. Unless they are perfectly scaled to defendants ’ fi nancial circumstances, they will penalize poor persons far more than rich ones — and poor defendants ’ inability to pay can lead to further penalties like imprison-ment or additional fi nancial sanctions. These “ poverty penalties ” have received attention in domestic jurisdictions but are understudied as a global phenomenon. This Article takes up this issue and makes three contributions. First, it demonstrates that poverty penalties are prevalent in criminal justice systems around the world. Second, it shows how poverty penalties came to be overlooked in international human rights law and describes how this is starting to change. Third, the Article makes the normative case for addressing poverty penalties within human rights law and offers suggestions for how this can be achieved.","PeriodicalId":47841,"journal":{"name":"American Journal of International Law","volume":"117 1","pages":"f1 - f8"},"PeriodicalIF":4.3,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"56951044","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Biden Administration Takes Actions to Restructure Migration to the U.S.-Mexico Border","authors":"","doi":"10.1017/ajil.2023.33","DOIUrl":"https://doi.org/10.1017/ajil.2023.33","url":null,"abstract":"","PeriodicalId":47841,"journal":{"name":"American Journal of International Law","volume":"117 1","pages":"528 - 534"},"PeriodicalIF":4.3,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"47117036","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Books Received","authors":"","doi":"10.1017/ajil.2023.30","DOIUrl":"https://doi.org/10.1017/ajil.2023.30","url":null,"abstract":"","PeriodicalId":47841,"journal":{"name":"American Journal of International Law","volume":"117 1","pages":"556 - 557"},"PeriodicalIF":4.3,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43949310","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
improve the security situation and enable the flow of desperately needed humanitarian aid.”37 Brian A. Nichols, Assistant Secretary of State for Western Hemisphere Affairs, indicated that themultilateral force “would be largely a police force with amilitary component.”38 On December 14, State Department Principal Deputy Spokesperson Vedant Patel said that “there is a broad international consensus regarding the need to promote improved security conditions in Haiti” and “negotiations continue with partners and other [Security] [C]ouncil members to set defined and specific parameters for a mission and find the most effective means to support, enable, and resource it.”39 The United States does not want to deploy its own troops, and other countries, including Brazil and Canada, are also reluctant to do so given the operational challenges and the lack of consensus on a political transition.40 In April 2023, the Secretary-General “reiterate[d] the urgent need for the deployment of an international specialized armed force.”41 As of June, the United States was still pushing for a multinational force that would provide “‘near-term support’ for the Haitian National Police by securing ‘a limited number of critical infrastructure sites in Port-au-Prince, such as the airport and ports,’ relieving the burden on the local police to focus resources on its battle with gangs.”42
{"title":"The United States Promotes Individual Criminal Accountability for Aggression and Atrocity Crimes Committed by Russians in Ukraine","authors":"B. Nichols","doi":"10.1017/ajil.2023.26","DOIUrl":"https://doi.org/10.1017/ajil.2023.26","url":null,"abstract":"improve the security situation and enable the flow of desperately needed humanitarian aid.”37 Brian A. Nichols, Assistant Secretary of State for Western Hemisphere Affairs, indicated that themultilateral force “would be largely a police force with amilitary component.”38 On December 14, State Department Principal Deputy Spokesperson Vedant Patel said that “there is a broad international consensus regarding the need to promote improved security conditions in Haiti” and “negotiations continue with partners and other [Security] [C]ouncil members to set defined and specific parameters for a mission and find the most effective means to support, enable, and resource it.”39 The United States does not want to deploy its own troops, and other countries, including Brazil and Canada, are also reluctant to do so given the operational challenges and the lack of consensus on a political transition.40 In April 2023, the Secretary-General “reiterate[d] the urgent need for the deployment of an international specialized armed force.”41 As of June, the United States was still pushing for a multinational force that would provide “‘near-term support’ for the Haitian National Police by securing ‘a limited number of critical infrastructure sites in Port-au-Prince, such as the airport and ports,’ relieving the burden on the local police to focus resources on its battle with gangs.”42","PeriodicalId":47841,"journal":{"name":"American Journal of International Law","volume":"117 1","pages":"516 - 521"},"PeriodicalIF":4.3,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"43290683","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"In Memoriam: The Late Benjamin B. Ferencz","authors":"L. Sadat","doi":"10.1017/ajil.2023.24","DOIUrl":"https://doi.org/10.1017/ajil.2023.24","url":null,"abstract":"","PeriodicalId":47841,"journal":{"name":"American Journal of International Law","volume":"84 3","pages":"481 - 483"},"PeriodicalIF":4.3,"publicationDate":"2023-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41288766","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":2,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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