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- Africa; World Trade Organization; plastic bag regulation; plastic bags; Technical Barriers to Trade Agreement; TBT Agreement; environmental protection; sustainable development; General Agreement on Tariffs and Trade; GATT; multilateral trade; environmental regulation; developing countries; Trade and Environment (1)
- Burma; Myanmar; Democratic Republic of Congo; Katanga region; international criminal law; human rights; business and human rights; human rights abuses; mining; corporate transactions; United Nations Guiding Principles of Business and Human Rights; forced labor; UN Commission on Human Rights; International Labor Organization; Dodd-Frank Act; Rome Statute of the International Criminal Court; International Criminal Court; Abolition of Forced Labor Convention; UN Guiding Principles; Organization for Economic Cooperation and Development; Declaration of Human Rights (1)
- China; medical negligence; litigation; selection bias; adversarial bias; judicial deference; courts; expert opinions; court appointed expert testimony; inquisitorial system; authentication; re-authentication; Supreme People's Court; documents of adjudication decisions; FA-MNA; MA-MNA; medical associations; forensic authentication agency; municipal; provincial; national; locality rule; common law; civil law; defendant; plaintiff; fault; causation; causal contribution; personal injury (1)
- European Union; EU; Brazil; GDPR; General Data Protection Regulation; LGPD; privacy regulation (1)
- European Union; Hungary; refugees; refugee crisis; migration crisis; refugee law; asylum; immigrants; immigration; European Union Charter of Fundamental Rights; civil society organizations; CSOs; humanitarian crisis; Council of Europe; Viktor Orbán; Stop Soros bills; immigration legislation; European Convention on Human Rights; ECHR; Fundamental Law of Hungary; Fidesz Party; TFEU; Refugee Convention; Bill 353/A; immigration tax; freedom of expression; freedom of association (1)
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- Hong Kong; Hong Kong Special Administrative Region; HKSAR; Court of Final Appeal; CFA; Basic Law; the Basic Law of the Hong Kong Special Adminstrative Region of the People's Republic of China; localists; localism; political speech; free expression; free speech; freedom of speech; China; People's Republic of China; PRC; rights; Standing Committee of the National People's Congress; NPCSC; one country (1)
- International Covenant on Civil and Political Rights; International Covenant on Economic (1)
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- Republic of Turkey; Turkey; 1970 UNESCO Convention; UNESCO; cultural property; cultural heritage; heritage; culture; property; international cultural property; Stargazer; Hague Convention for the Protection of Cultural Property; Hague Convention; UNIDROIT Convention; Operational Guidelines; World Heritage Convention; artefacts; artifacts; Peru v. Johnson; museums; Cyprus; Republic of Turkey v. OKS Partners; The Republic of Turkey v. Metropolitan Museum of Art (1)
- Russia; Georgia; Energy Charter Treat; ECT; Baku-Supsa Pipeline; Europe; occupation; security; International Energy Charter; IEC; South Ossetia; economy; energy; Yukos; NATO; Vienna Convention on the Law of Treaties; VCLT; Five-Day War; European Union; United States (1)
- Social and Cultural Rights; (1)
- Social and Cultural Rights; DPP; KMT; Act on Promoting Transitional Justice; Judicial Yuan; soft power; soft independence (1)
- South Africa; apartheid; post-apartheid; constitution; South African Constitution; African National Congress; ANC; A Bill of Rights for a New South Africa; discrimination; sexual orientation; sexuality; gay; gay rights; LGBT; LGBTQ; women; Women's Section; Constitutional Committee; bill of rights; draft Bill of Rights; multi-party democracy; democracy; Albie Sachs; Mayibuye Archives; ANC National Committee; NEC (1)
- Taiwan; Republic of China; ROC; China; PRC; legal identity; identity; legal history; legal system; National Affairs Conference on Judicial Reform; Tsai; reform; transparency; ICCPR; International Covenant on Economic (1)
- Trade secret; unfair competition; Japan; United States; Defend Trade Secrets Act; DTSA; Uniform Trade Secrets Act; UTSA; Unfair Competition Prevention Act; UCPA; Economic Espionage Act; EEA; Trade Related Aspects of Intellectual Property Rights; TRIPS; espionage; intellectual property; IP; trade (1)
- Two systems; OCTS; Sino-British Joint Declaration of 1984; Joint Declaration; Article 158 (1)
- World Economic Forum; Global Gender Gap; Labor Force Participation; wage equality; Economic Participation; Gender Parity; GDP; United States; New York State; United Kingdom; Family and Medical Leave Act of 1993; FMLA; Employer Levy; Disability Insurance; Employment Law; Paid Parental Leave; Paid Family Leave; Maternity Leave; Paternity Leave; Index; Model; Pregnancy; Remuneration; Duration; Treaties; ILO; United Nations; Conventions; GDP; Discrimination; Gender Identities; Statutory Maternity Pay; Economic; Benefits; State; Federalism; Women; Mothers; Parents; Fathers (1)
Articles 1 - 13 of 13
Full-Text Articles in Entire DC Network
Of Sustainable Development In Africa: Addressing The (In)Congruence Of Plastic Bag Regulations With International Trade Rules, Regis Y, Simo
Of Sustainable Development In Africa: Addressing The (In)Congruence Of Plastic Bag Regulations With International Trade Rules, Regis Y, Simo
Brooklyn Journal of International Law
Several aspects of the trade policies of African countries suffer from neglect in the legal literature. When they are the object of research, the focus is sometimes limited to their participation in the dispute settlement system or on the enforceability of special and differential treatment provisions. While practice displays that African countries have almost never been the target of complaints for a number a reasons, those approaches do not always take into consideration African countries’ domestic measures affecting the flow of goods and services, which could eventually trigger disputes. This paper intends to fill that gap and add to the …
Reducing The Governance Gap For Corporate Complicity In International Crimes, Seunghyun Nam
Reducing The Governance Gap For Corporate Complicity In International Crimes, Seunghyun Nam
Brooklyn Journal of International Law
With increasing reports of corporations involved in serious human rights abuses that amount to international crimes, there are greater calls for states to hold these corporations accountable. Still, many obstacles and challenges remain when it comes to holding corporations accountable. Complex corporate structures, the extraterritorial dimension of the abuses, competition among states and businesses, lack of institutional capacity on the part of states, and lack of legal coordination among states collectively create an impunity gap. The case studies of the situation in Burma and the Democratic Republic of Congo involving foreign companies aim to illustrate this governance gap. With growing …
How Much Do Expert Opinions Matter? An Empirical Investigation Of Selection Bias, Adversarial Bias, And Judicial Deference In Chinese Medical, Chunyan Ding
Brooklyn Journal of International Law
This article investigates the nature of the operation and the role of expert opinions in Chinese medical negligence litigation, drawing on content analysis of 3,619 medical negligence cases and an in-depth survey of judges with experience of adjudicating medical negligence cases. It offers three major findings: first, that both parties to medical negligence disputes show significant selection bias of medical opinions, as do courts when selecting court-appointed experts; second, expert opinions in medical negligence litigation demonstrate substantial adversarial bias; third, courts display very strong judicial deference to expert opinions in determining medical negligence liability. This article fills the methodological gap …
Looking To The United Kingdom To Overhaul New York State’S Paid Family Leave Law And Close The Global Gender Gap, John Pietruszka
Looking To The United Kingdom To Overhaul New York State’S Paid Family Leave Law And Close The Global Gender Gap, John Pietruszka
Brooklyn Journal of International Law
The World Economic Forum estimates that mitigating gender-based disparities in the area of economic participation could lead to substantial economic benefits for the global economy. However, the international system of sovereign states requires this effort be piecemeal, as each state must set priorities to achieve greater gender parity within its own economic, political, and cultural contexts. The United States, by virtue of being the largest economy in the world by nominal GDP, undoubtedly has one of the largest roles to play in the effort to mitigate this global problem. Nonetheless, it lags behind other nation-states in several key areas that …
Forging Taiwan’S Legal Identity, Margaret K. Lewis
Forging Taiwan’S Legal Identity, Margaret K. Lewis
Brooklyn Journal of International Law
The legal system in Taiwan is undergoing a transformation. Over a hundred years since the founding of the Republic of China and over thirty years since the end of martial law on Taiwan, a new legal identity is being forged. Public criticism of “dinosaur” judges and esoteric debates among law-trained elites have galvanized efforts to create a more inclusive discussion surrounding legal reforms. Taiwan is facing the challenge of moving from dinosaurs to dynamism. This Article argues that transparency, clarity, and participation both are animating principles of the current reform debate and are beginning to emerge as characteristics of Taiwan’s …
A Third Way Of Thinking About Cultural Property, Lucas Lixinski
A Third Way Of Thinking About Cultural Property, Lucas Lixinski
Brooklyn Journal of International Law
The article argues that the dichotomy between nationalism and internationalism with respect to cultural property, while formative, has outlived its utility, and in many respects compromised the viability of the public good it aims to safeguard. Focused on the example of cultural property in international law, this article argues for more community-centric forms of governance, beyond the interests of states and an undefined “international.” It extrapolates the lessons from cultural property to other forms of resource governance in international law.
Roots Of Revolution: The African National Congress And Gay Liberation In South Africa, Joseph S. Jackson
Roots Of Revolution: The African National Congress And Gay Liberation In South Africa, Joseph S. Jackson
Brooklyn Journal of International Law
South Africa’s post-apartheid constitutions were the first in the world to contain an explicit prohibition of discrimination on grounds of sexual orientation, and that prohibition established the foundation for marriage equality and broad judicial and legislative protection of gay rights in South Africa. The source of this gay rights clause in the South African Constitution can be found in the African National Congress’s decision to include such a clause in the ANC’s A Bill of Rights for a New South Africa, published when the apartheid government of South Africa was still in power. This article traces the story of that …
Trade Secret Protection In Japan And The United States: Comparison And Recommendations, Thomas Landman
Trade Secret Protection In Japan And The United States: Comparison And Recommendations, Thomas Landman
Brooklyn Journal of International Law
Trade secret law is a vital, yet often misunderstood, form of intellectual property law. As economic superpowers, both Japan and the United States realize that effective trade secret protection is essential for the prosperity of their domestic economies, and both nations have enacted laws to protect their trade secrets. While both Japan and the United States are signatories to the TRIPS agreement and therefore provide a shared baseline standard of trade secret protection, cultural and systemic differences between the two nations have resulted in differences in the way each nation implements its trade secret laws. This Note traces the history …
“Why Did Constantinople Get The Works? That’S Nobody’S Business But The Turks.” A New Approach To Cultural Property Claims And Geographic Renaming Under The 1970 Unesco Convention, Kasey Theresa Mahoney
“Why Did Constantinople Get The Works? That’S Nobody’S Business But The Turks.” A New Approach To Cultural Property Claims And Geographic Renaming Under The 1970 Unesco Convention, Kasey Theresa Mahoney
Brooklyn Journal of International Law
The landscape of cultural property and cultural heritage discourse is continually evolving, and the traditional means of regulating disputes must not only be adapted to the current climate but proactively address foreseeable future concerns. This Note explores the Republic of Turkey’s increasing litigiousness with regard to its reparation claims and, further, considers the notion of culture as geographic boundaries transform over the course of time. This Note will analyze the leading international cultural property treaty, the 1970 UNESCO Convention, and recommend UNESCO adopt two mandates to curb the chilling effect current litigation has had on the preservation and dissemination of …
The Plight Of Georgia: Russian Occupation And The Energy Charter Treaty, Jennessa M. Lever
The Plight Of Georgia: Russian Occupation And The Energy Charter Treaty, Jennessa M. Lever
Brooklyn Journal of International Law
After the Five-Day Russo-Georgian War, Russia usurped Georgian separatist territories, including a stretch of the Baku-Supsa Pipeline which provides gas to Europe. The continued occupation by Russia endangers Georgian sovereignty, natural resources, and economic security and puts Europe’s gas security at risk. The Energy Charter Treaty (ECT), through provisional application, provides a unique opportunity to assist Georgia’s battle for territorial integrity. This Note will examine the ECT’s ability to provide a pathway for Georgian economic and energy security by holding Russia accountable for violations of the ECT and removing Russia’s stronghold on the region.
Comparative Analysis Of The Eu’S Gdpr And Brazil’S Lgpd: Enforcement Challenges With The Lgpd, Abigayle Erickson
Comparative Analysis Of The Eu’S Gdpr And Brazil’S Lgpd: Enforcement Challenges With The Lgpd, Abigayle Erickson
Brooklyn Journal of International Law
In the wake of the adoption of the European Union’s General Data Protection Regulation (GDPR) in May 2018, other countries and jurisdictions have contemplated personal data privacy legislation. In August 2018, the former president of Brazil, Michel Temer, signed the country’s comprehensive data privacy regulation, Lei Geral de Proteção de Dados Pessoais (LGPD), into law. Temer, however, vetoed many of the enforcement provisions. Shortly before leaving office, Temer signed an executive order creating a regulatory agency as the bill initially called for, but situated the agency under executive control instead of creating a wholly independent agency. This Note provides a …
Safeguarding Democracy In Europe: A Bulwark Against Hungary’S Subversion Of Civil Society, Hannah J. Sarokin
Safeguarding Democracy In Europe: A Bulwark Against Hungary’S Subversion Of Civil Society, Hannah J. Sarokin
Brooklyn Journal of International Law
Spurred in large part by a mounting humanitarian crisis in Syria, the 2015 migrant crisis exposed deeply rooted fractures within the European Union regarding refugee resettlement. While the European Union worked to develop a synchronized response to the influx of refugees and asylees, Hungary defiantly sought to close its borders. In doing so, the Hungarian government targeted not only those seeking refuge, but its own civil society. In a series of opaque and overtly punitive legislative acts passed in the summer of 2018, Hungary criminalized any civil society activities that facilitate or assist with immigration. This Note will analyze the …
Grinding Down The Edges Of The Free Expression Right In Hong Kong, Stuart Hargreaves
Grinding Down The Edges Of The Free Expression Right In Hong Kong, Stuart Hargreaves
Brooklyn Journal of International Law
In the liberal-democratic tradition limits on speech must be clear, precise, and subject to justification within the particular constitutional framework of a given jurisdiction. In the Hong Kong Special Administrative Region (HKSAR), the Court of Final Appeal has developed a line of jurisprudence that explains under which circumstances the Government of Hong Kong (Government) may seek to limit the free speech provisions contained within the Basic Law, Hong Kong's quasi-constitution. In its fight against ‘localists,’ however, rather than legislating a clear speech restriction that is consistent with this jurisprudence, the Government has instead attempted to suppress unwelcome political speech in …