2020
Luz Nagle, Provided key input to the IBA’s draft submission to the United Nations Special Rapporteur on Violence against Women, Its Causes and Consequences, in response to the call for submissions on the criminalization and prosecution of rape in the UK and Ireland, International Bar Association Subcommittee on Violence against Women, May 2020
Paul Boudreaux, “Opportunity Zones and Land Use Law”, Land Use Institute, Washington, DC, DC, USA, May 2020
April
Luz Nagle, As a Trustee, reviewed and approved the New Generation of Human Rights Lawyers in Tajikistan Interim Report. The goal of the grant is to develop a strong and independent legal profession in Tajikistan, and the expansion of IBAHRI activities from Azerbaijan to Central Asia, with a focus on supporting and mentoring Tajik law students and young lawyers, IBA Human Rights Institute Trust, April 2020
Stacey-Rae Simcox, Student Bar Association Educator of the Year (2019-2020), SBA, Gulfport, FL, USA, April 2020
Luz Nagle, As a Trustee, reviewed and commented on 14 reports submitted by two HRI Trust Interns.Intern A worked on a variety of international criminal law, international human rights law, and foreign law projects in collaboration with the Europe and Central Asia program lawyer, MENA program lawyer, and Director of the IBAHRI. Intern B researched facts and legal issues of the UK Supreme Court in Vedanta Resources PLC and another v Lungowe and others. The work tackled parent company liability for human rights violations. B also worked on numerous intervention letters, open letters, press releases, on the following issues: attacks against the legal profession and the ongoing protests against the government of President Omar al-Bashir in Sudan; the attack on protestors and the rule of law in Zimbabwe; the suspension of the Chief Justice of Nigeria; moratorium on the death penalty in California; and the detention of human rights lawyers in China, Iran, and Turkey, IBA Human Rights Institute Trust, April 2020
Luz Nagle, As a member of the ABA ROLI and Latin America and Caribbean Initiative Council, between February and April 2020, reviewed CVs and interviewed several candidates for the LAC Regional Director position at ABA-ROLI, ABA Rule of Law Initiative and Latin America and Caribbean Initiative Council, April 2020
Luz Nagle, Developed a special online class on April 13 on the intersection of COVID-19 and international law. The class was done using Zoom and I reached out to former students to attend the class. Nearly one dozen alumni logged into Zoom to attend the class. I prepared an extensive international timeline of events during the COVID-19 outbreak from December 2019 through April 2020, conducted extensive research, and prepared documents and readings for the class to discuss the following issues: (1) What role does the WHO have in preventing a pandemic? Does any responsibility attach to the WHO for the pandemic? (2) Are States to take primary responsibility to prevent, treat, and control epidemic diseases? (3) Does China have any duties toward other states? Do other States have international duties? (4) Should someone be held responsible for the spread and pandemic of COVID-19? If so who and why? (5) Under international law, did China violate anyone’s rights, or any international treaty or obligation? (the WHO 2005 IHR, the WHO Constitution?) (6) Should there be a role for the UN Security Council, the UN Secretary General? The discussion included discussions of the voluntarist and co-operative character of an international law framework, the law of responsibility under international law, human rights law, ILC work, the role of the WHO, VCLT, the UN, the UN Charter, and the UN Security Council and its relevant Resolutions. We looked at several examples of landmark international litigation regarding state responsibility for damages and liability, including the Trail Smelter case (U.S. v. Canada), the Pulp Mills case (Argentina v. Uruguay), Nuclear Tests case (Australia v. France), Advisory Opinion on Legality of the Threat or Use of Nuclear Weapons (1996), and the ILC Work: 2001 Draft Articles on the Prevention of Transboundary Harm. The points selected to guide our discussion were: (1) Is the harm caused by the coronavirus covered by the Draft Articles? See Article 1 and Commentary. If so, why? (2) States have a duty to prevent “significant” transboundary harm emanating from their territories, regardless of who caused it or the lawfulness of the activity generating it. What does ‘significant’ imply? Is it something more than “detectable”, but need not be at the level of “serious” or “substantial”? Does it encompass a low probability of causing disastrous transboundary harm or a high probability of causing significant transboundary harm? See, Art. 2 Comment 4 at 152. (3) Under article 2 and Commentary: What is China required “to prevent, stop and redress?”; What does the “no-harm principle require China to do? (4) Looking at Draft Articles on Prevention, at 153-154, is China required to prevent or stop the harm? (5) When does the obligation to prevent arise? See Draft Articles on Prevention, at 155, Commentary to Article 3, para 18. (6) What are the appropriate measures to discharge China’s duty to prevent transboundary harm? Is China obligated to employ measures, or is doing so voluntary? (7) Are all States required to act under the no-harm principle, or only China? Does action depend on a State’s responsibility for the harm? Are non-state entities required to act? (8) Does the no-harm principle cover viruses which may be considered as an “accident or a natural disaster”?, International Law, April 2020
Stacey-Rae Simcox, Panelist: Homeless Veterans Legal Services Act, Digital ABA Day at Congress, Washington DC (virtually), FL, USA, April 2020