TRAPPED IN LEGAL DISCOURSE: TRANSRACIAL ADOPTION IN THE UNITED STATES AND ENGLAND

“Making the NABSW the villain of the story, making that group  responsible for why black children were disproportionately in the child welfare system, misses that organization’s real and substantial contribution to this debate: it tried to call attention to the ways black single mothers are targeted by the child protection systems, and tried to defend those mothers”.There are large numbers of ethnic minority children in state child care that are awaiting adoptive families. For many, these adoptive families never materialise. This is true in the United States as well as in England. Some argue that the solution is to promote transracial adoption—for white adoptive families to adopt ethnic minority children. The idea of transracial adoption is a highly emotive one, bringing together issues of race and adoption, both of which on their own can bring forth strong visceral reaction

Suspended Animation: The Implementation of the Hague Convention on Intercountry Adoption in the United States and Romania

Recent high profile cases in the popular media highlight on going problems with intercountry adoption. These cases involved the sending of infants from the United States to families in the United Kingdom who had not been approved for adoption under United Kingdom standards. This is despite the efforts in each country to enact the protections afforded to children under the Hague Convention on Protection of Children and Co-operation in Respect of Intercountry Adoption although at the time of the adoptions, these protections were not yet in force in either country. Are these headline cases of intercountry adoption gone catastrophically wrong the norm or the exception in intercountry adoption? Although the Convention is not yet in force in the United States and only went into force in the United Kingdom on June 1, 2003, the failure of each country to adhere to the protections that the Convention would provide, as well as the overriding monetary incentive in adoption, led to high profile baby selling cases. It is beyond the scope of this Article to look in-depth at the experience of each Hague member country; but a review of the implementation efforts in Romania and the United States illustrates the difficulties in meaningful implementation and provides a study in microcosm of the successes and failures of the Convention, with implications of what the future impact of the Hague Convention will be on intercountry adoption

Editorial Introduction

Editorial Introductio

“Fractured Resemblances”: Contested Multinational Heritage and Soft Power

Abstract Intangible cultural heritage elements are shared across state borders. In many instances, states join in multinational nominations to inscribe the heritage element in a way that reflects this. But at times, states are unwilling or unable to cooperate in a mutual nomination that reflects the shared nature of the heritage element. The consequence of this is that heritage elements can then be nominated by individual states without any reflection of the multinational or cross-border nature of the element; thus leaving the heritage elements shorn of this aspect of their nature. The current international heritage legal regime, through UNESCO, does not adequately acknowledge or address this problem. This article, through a case study of the successful nomination by Azerbaijan of the horse-back game of chovqan, examines the causes and consequences of these “fractured resemblances.” It analyzes the links between cultural heritage, conflict, and the use of heritage as a form of soft power. It focuses on the use of single-state inscription as a soft power means of obtaining international prestige and support, and the resultant effects on shared cultural heritage elements. From this, suggestions for changes to international heritage laws for the inscription of cultural heritage are suggested to accommodate the reality of the connection between cultural heritage, conflict and power, and to avoid the occurrence of “fractured resemblances” of heritage shared across state lines

The Exercise of External Self-Determination by Indigenous Groups: The Republic of Lakotah and the Inherent Sovereignty of American Indigenous Peoples

Abstract This article examines the implications of the choice made by the Republic of Lakotah to rely on international treaty law rather than the exercise of self-determination in declaring its independence from the United States in 2007 and 2010. States have long expressed resistance towards the granting of the principle of self-determination to minorities and indigenous groups. States fear that granting this right would lead to groups taking action to secede from the state. This article considers whether state fears of secession are realistic, and whether there is, in fact, a credible claim to external self-determination under international law for indigenous groups, or whether state fears of indigenous self-determination are grounded in other issues

Introduction

The Denning Law Journal Team is very pleased to bring you the 2020 edition. In a year of unprecedent challenges and changes, we would especially like to extend our thanks to our contributors who have provided an outstanding collection of articles, comments and book reviews. We also note the passing of a distinguished jurist, Ruth Bader Ginsburg, who was an Associate Justice on the United States Supreme Court. She was the second woman to serve on the United States Supreme Court and is noted as a proponent of civil liberties. This edition of the Denning Law Journal is dedicated to Ruth Bader Ginsburg and the legacy of her work in safeguarding and promoting civil liberties

INDIGENOUS SELF-DETERMINATION: THE ROOT OF STATE RESISTANCE

States have long expressed some resistance towards granting the right of self-determination to identifiable groups of people within their boundaries. This includes the granting of the right to minorities and to indigenous groups. One of the ways in which this reluctance reveals itself is in States‟ resistance to the granting of recognition of “peoples” to certain groups. States, it would seem, draw the erroneous conclusion that recognition of groups as “peoples” under international law will inexorably lead to such “peoples” asserting a right to self-determination and with that an unfettered ability to secede from the state. However states‟ fear of indigenous secession has no realistic basis. Yet states continually resist the idea of indigenous self-determination

The best interests of the child in intercountry adoption: a constructivist and comparative account

This thesis examines the motivations for states to become involved in intercountry adoption. This includes both states that send children in intercountry adoption and states that receive children. The thesis explores the dynamic cycle of events that lead states to intercountry adoption participation. It then explores the ramifications of those for the application and interpretation of the ‘best interests of the child’ standard. This thesis includes empirical work through data gathered by interviews and analysed by constructivist grounded theory methodology. It also includes a comparative analysis of seven different states involved in intercountry adoption. The comparative analysis is again undertaken with the use of constructivist grounded theory methodology. The thesis presents a theory that explains state motivation to engage in intercountry adoption and the effects that these have on the normative meaning that is given to the ‘best interests of the child’ legal standard when used in intercountry adoption. This thesis makes an original contribution of knowledge by examining the motivation of states to enter into intercountry adoption and providing a theory that traces the pathways of how states become involved. It makes further original contributions to knowledge by examining how these motivations impact the normative meaning given to the standard in domestic, international and transnational settings. Yet another original contribution to knowledge is in providing a theory and network map of the normative meanings that are ascribed to the standard in an intercountry adoption setting

Indigenous Rights in Oxford Bibliographies

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Telling Tales: Intangible Cultural Heritage, UNESCO and Horse Cultural Heritage in the Twenty-First Century

This article challenges the popular notion that there has been an end to the relevance of the horse to the twenty-first-century society. But how and why do they remain relevant? Insight can be found through consideration of the variety horse-heritage elements which have been inscribed on UNESCO lists of intangible cultural heritage. This examination of what horse-heritage elements are inscribed with UNESCO as intangible cultural heritage broadens and deepens critical understanding of the relevance of the horse in the present day