Digital Commons Network^™

The Variation In The Use Of Sub-Regional Integration Courts Between Business And Human Rights Actors: The Case Of The East African Court Of Justice, James T. Gathii

James T Gathii

No abstract provided.

The Variation In The Use Of Sub-Regional Integration Courts Between Business And Human Rights Actors: The Case Of The East African Court Of Justice, James T. Gathii

Faculty Publications & Other Works

No abstract provided.

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 …

China-Africa Investment Treaties: Old Rules, New Challenges, Won Kidane, Weidong Zhu

Fordham International Law Journal

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, …

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 …

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 …

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 …