Digital Commons Network^™

When “One Country, Two Systems” Meets “One Person, One Vote”: The Law Of Treaties In The Crucible Of Hong Kong’S Election Crisis, Gregory S. Gordon

Gregory S. Gordon

In Hong Kong’s recent election crisis, an uprising against China’s pre-selecting candidates for Chief Executive and thus foreclosing civic-nomination, both sides (establishment and pro-democracy) have attempted to interpret the term “universal suffrage” based exclusively on its inclusion in Hong Kong’s mini-constitution, the Basic Law. In so doing, however, they have given short shrift to the agreement that gave rise to the Basic Law in the first place: the 1984 Sino-British Joint Declaration. But while the Joint Declaration provides important textual insights, it simultaneously raises significant issues regarding application of the law of treaties. For example, did the Joint Declaration terminate …

Black Hole In The Rising Sun: Japan And The Hague Convention On Child Abduction, Paul Hanley

Paul Hanley

Despite Japan’s recent adoption of the the Hague Convention on the Civil Aspects of International Parental Abduction, great concern remains whether Japan is willing to comply with the legal obligations imposed by the Convention. This article examines Japan’s struggle with the issue of international child abduction, analyzing its traditional approach to family matters such as its “divorce by conference” system, which permits couples to negotiate issues of child custody and visitation without any judicial oversight or guidance. Further complicating matters, when a marriage ends in Japan, joint-custodial rights usually end, with only one parent getting physical custody of a child. …

Racial Disparities In Punishment And Alienation: Rebelling For Justice, Adjoa A. Aiyetoro

Adjoa A. Aiyetoro

Racial Disparities in Punishment and Alienation: Rebelling for Justice

Abstract

African Americans have been over-represented in the criminal punishment system in the United States since after Reconstruction. This article is the first scholarly analysis of the major role the insidious process of racial subordination plays in creating black alienation and black criminality. Sociologists, led by Emile Durkheim and Robert K. Merton, articulate the relationship between alienation and crime, and yet fail to inject the role that racial subordination plays in this relationship.

This article is also a departure from the usual scholarly and analytical approaches that have either been simply …

Automated Metadata Creation: Possibilities And Pitfalls, Wilhelmina Randtke

Wilhelmina Randtke

Automated indexing – using a computer to look at individual documents and assign metadata without a person looking at every document– was used to build an interactive online database to store and retrieve pages from a looseleaf resource (i.e., a resource which changes state over time). A database was designed and more than 30,000 pages in the database were indexed. Digitization, optical character recognition, and computer scripting to extract metadata were the methods used to assign most metadata. In places where the computer program could not assign metadata, a person looking at the document assigned metadata. The index was audited …

Shale Gas: Evolving Global Issue For The Environment, Regulation And Energy Security, Jeffery R. Ray

Jeffery R Ray

Environmental issues such as water contamination, air pollution and the potential for earthquakes are analyzed in comparison to the leading energy fuel—coal. The United States and global energy security impact of shale gas is assessed by a brief comparative analysis of the United States and United Kingdom regimes while discussing whether there is a need for a special regulator for the industry. Socio-economic and global issues that regulators may wish to address are discussed.

Proporcionalidade E Melhora Regulatória A Regulação Dos Serviços De Táxi, Carlos Emmanuel Joppert Ragazzo, Eduardo Frade Rodrigues

carlos ragazzo

No abstract provided.

U.S.Foreign Trade Zones, Tax-Free Trade Zones Of The World, And Their Impact On The U.S. Economy, Susan W. Tiefenbrun

Susan W Tiefenbrun

ABSTRACT

U.S. Foreign Trade Zones, Tax-Free Trade Zones of the World, and Their Impact on the United States Economy , by Susan Tiefenbrun

Free trade zones (FTZs) date back to the time of the Phoenicians; they developed in the l970s and proliferated from 1980 until today. FTZs are duty-free areas where goods may be warehoused, processed, sold, serviced, distributed, showcased, packaged, labeled, sorted, assembled, and/or manufactured as finished goods prior to re-exporting them as duty-exempt finished products. More than one 135 countries operate tax-free trade zones. There are more than 3,500 of these zones and subzones all over the world, …

Restorative Justice In The Gilded Age: Shared Principles Underlying Two Movements In Criminal Justice, Ali M. Abid

Ali M Abid

Two very different approaches to Criminal Justice have developed in recent years suggesting systemic reforms that would reduce rates of crime and incarceration and lessen the disproportionate effect on minority groups and other suspect classes. The first of these is the Restorative Justice movement, which has programs operating in most US states and many countries around the world. The Restorative Justice movement focuses on reintegrating offenders with the community and having them repair the damage directly to their victims. The movement describes itself as based on the systems of indigenous and pre-modern societies and as wholly distinct from the conventional …

Doctrines Of Equivalence? A Critical Comparison Of The Instrumentalization Of International Humanitarian Law And The Islamic Jus In Bello For The Purposes Of Targeting, Matthew Hoisington

Matthew Hoisington

This article addresses the instrumentalization of international humanitarian law (IHL) and the Islamic jus in bello for the purposes of targeting. It begins with an examination of the radical innovations in the Islamic jus in bello that resulted in its instrumentalization by al Qaeda and other Islamic armed groups in the name of jihad. It then addresses the key legal arguments of the U.S.-led response, particularly in the post-9/11 period. Finally, it offers a critical appraisal of the use of targeting rules to justify killing by both sides. The conclusion summarizes the argument and comments on the dangers of legal …

Copyrighting Shakespeare: Jacob Tonson, Eighteenth Century English Copyright And The Birth Of Shakespeare Scholarship, Jeffrey M. Gaba

Jeffrey M. Gaba

In 1709, Jacob Tonson, the most significant publisher of his age, purchased the “copyright” to Shakespeare. Tonson and his family over the next fifty years went on to publish some of the most significant editions of the collected works of Shakespeare, edited by the likes of Nicholas Rowe, Alexander Pope and Samuel Johnson. In many ways, the Tonsons were responsible for the growth of Shakespeare’s popularity and the critical study of his work. This article discusses the significance of copyright to the Tonsons’ publication decisions. It suggests that the Tonson copyright did not significantly “encourage” their contributions to Shakespeare scholarship. …

Reconstruing Wto Legitimacy Debates, Michael Fakhri

Michael Fakhri

There is an emerging consensus that the WTO is in grave need of institutional redesign. For the last fifteen years, questions of WTO institutional reform have been framed as a matter of improving the WTO’s legitimacy. This Article suggests that thinking about WTO redesign as a matter of improving its legitimacy limits our ability to fundamentally appreciate what the WTO’s function and purpose is and conceptualize what it should be. It would be more useful to know what is exactly at stake and what have been the social, political, and economic implications of the legitimacy debate thus far. The legitimacy …

The Missing Girls Of China: Population, Policy, Culture, Gender, Abortion, Abandonment, And Adoption In East-Asian Perspective, David M. Smolin

David M. Smolin

This article analyzes the causes and possible solutions to the sex ratio imbalance of China, as well as the causes of the diminishing numbers of intercountry adoptions from China. Part I provides statistical, historical, and cultural analysis of China's "missing girls" (sex-ratio imbalance), concluding that sex selective abortion has become the primary cause of China missing approximately ten percent of females at birth. The article focuses on both cultural factors and China's population control policies as causative factors. Part II discusses population control, declining fertility, and the devaluation of girls and women, analyzing a context where declining fertility has been …

Desafios Da Análise Do Cade No Setor De Planos De Saúde, Carlos Emmanuel Joppert Ragazzo, Kenys Machado

carlos ragazzo

No abstract provided.

New Adventures Of The Old Bureau: Modern-Day Reclamation Statutes And Congress' Unfinished Environmental Business, Reed D. Benson

Reed D. Benson

Congress established the reclamation program in 1902, and the hundreds of federal water projects built in the 20th century helped shape the West. Today, the Bureau of Reclamation plays an enormously important role in managing these projects. But with no big new dams to build, the Bureau has been forced to revise its mission to address today’s water management challenges, such as stretching finite water supplies and restoring aquatic ecosystems. Through both site-specific enactments and programmatic statutes, Congress in recent years has given the Bureau new authority and direction to address these modern challenges. But Congress has left a significant …

Artigo Científico: Concepção, Temas, Métodos E Técnicas, Rafael Mafei Rabelo Queiroz

Rafael Mafei Rabelo Queiroz

No abstract provided.

Responsibility Sharing And The Rights Of Refugees: The Case Of Israel, Tally Kritzman-Amir

Tally Kritzman-Amir

This paper aims at examining the Israeli refugee law and practice through the lens of responsibility sharing. We will offer a critical analysis of the implementation of the Israeli asylum regime, showing the impact this regime has on responsibility sharing. We will also analyze the discourse on the issue of responsibility sharing, however limited in scope it is. This discussion emerges from an awareness of the fact that Israel is in a unique geopolitical situation, due to its proximity to Africa and being the only economically-stable democracy in the region. Israel is also embroiled in an ongoing conflict with its …

Conciliación Entre Derecho Al Trabajo Y Libertad De Trabajo Desde La Perspectiva De Los Derechos Sociales,Económicos Y Culturales, Sebastián A. Pizarro

Sebastián A. Pizarro

El orden público laboral se cimenta sobre un sistema de libertades, no estando aparejado ello a un Derecho al Trabajo. Si bien se ha incluido en la legislación chilena este último a través de la inclusión del Pacto Internacional de Derechos Económicos, Sociales y Culturales, no se ha logrado la adecuada armonía entre la libertad y el derecho mencionado. Cuestión que en un país como el nuestro, resulta esencial, toda vez que a nivel de políticas estatales se ha abandonado la meta del pleno empleo, propendiendo a la precariedad de las relaciones laborales. Se estima es posible integrar a la …

Advancing Freshwater Conservation In The Context Of Energy And Climate Policy: Assessing Progress And Identifying Challenges In The Western United States, Adell L. Amos

Adell L. Amos

This article critically evaluates freshwater conservation efforts in light of energy and climate policy in the western United States. Many, if not all, governmental entities today are facing tough and controversial questions involving energy demand and consumption. In the western United States, these energy questions are often inextricably linked to water resource availability and demand issues. With increased population and development pressure the challenges involving energy and water are likely to increase. Moreover, as the impacts from changes to climate and weather patterns increase various areas of the country will see changes to precipitation patterns, increased drought cycles, increased storm …

From Human Rights To Fundamental Rights: On The Consequences Of A Conceptual Distinction, Gianluigi Palombella

Gianluigi Palombella

This article introduces a peculiar distinction between "human" rights and "fundamental" rights, explaining through diverse areas, the role that the difference can play. Rights are loaded with contrasting properties and burdens, opposing features and values (neutral, pre-political, negotiable, democratic, etc.). On the contrary, we should accept - on one side - human rights as moral visions of what is due to human beings, deontological imperatives, even if abstract. But on the other side we cannot ignore the ethical problems: e.g. those resulting from their blind implementation. We need to enhance the institutional, legal and ethical-political meaning of "fundamental" rights, i.e. …

The Role Of Science In Risk Regulation Under The Sps Agreement, Lukasz A. Gruszczynski

Lukasz A Gruszczynski

This paper attempts to present a comprehensive and coherent picture of the role performed by science under the Sanitary and Phytosanitary Measures (SPS) Agreement and SPS case law. It argues that the approach adopted by the Appellate Body is predominantly based on a technical paradigm, supplemented, however, with some considerations arising from other paradigms. The paper argues that the approach adopted in the case law is generally compatible with the text of the SPS Agreement and provides a coherent SPS system. However, it also identifies certain areas which lack coherence, as certain standards seem to violate the right of the …