Digital Commons Network^™

Implementing A Portable Reciprocity Passport To Crowdfund Real Estate Across Borders, Raymond Tran

The Journal of Business, Entrepreneurship & the Law

No abstract provided.

Does International Law Change State Behavior?, Brett Franzie

Honors Program Theses and Projects

Human rights treaties are the main legal instrument used by the United Nations to advance human rights. While many treaties are ratified by the world, rights violations still happen, especially for women. The purpose of this study is to discover if states obey and follow international human rights law on women’s rights and protect the rights defined in the Convention on the Elimination of All Forms of Discrimination Against Women. This analysis employed a case study methodology that compares four states: Sweden, Latvia, Libya, and the United Arab Emirates and their women’s rights practices. The United Nations Universal Periodic Review …

The Waters Of Antarctica: Do They Belong To Some States, No States, Or All States?, Linda A. Malone

William & Mary Environmental Law and Policy Review

Major issues and complexities arise when one is looking at the international puzzle that is Antarctica. Despite being uninhabited year round and lacking substantial long-term international law rules for sovereignty, states still try to claim their sovereignty over various parts of Antarctica. The consortium of states under the Antarctica Treaty System (“ATS”) then further aggravates these complexities, especially when other states outside of the ATS have been arguing for different regimes and approaches to dealing with Antarctica and resource exploitation. Due to these major issues and a desperate need for a resolution in times of global climate change, this Article …

A Life Absolutely Bare? A Reflection On Resistance By Irregular Refugees Against Fingerprinting As State Biopolitical Control In The European Union, Ziang Zhou

Claremont-UC Undergraduate Research Conference on the European Union

In a legally transitory category, irregular refugees- experience a double precariousness. They risk their lives to travel across treacherous seas to Europe for a better life. However, upon the long-awaited embarkation on the European land, they are exposed once again to the precariousness of the asylum application. They are “powerless”, “with no rights” and “to be sacrificed” as Giorgio Agamben and Hannah Arendt suggested in their respective understanding of a “bare life”, la nuda vita. In light of the administrative difficulties in managing asylum application, the European Union introduced the “Dublin Agreement”, which stipulates mandatory biometric data collection for …

A New Market-Based Approach To Securities Law, Kevin S. Haeberle

Faculty Publications

Modern securities regulation has three main areas, each of which is plagued by a core problem. Mandatory disclosure law leaves society with suboptimal disclosure, as the government calls for too little of some information (for example, management analysis of company prospects) and too much of other information (for example, data about trivial executive perks). Securities fraud law (specifically, its central fraud-on-the-market theory of reliance) yields damages at odds with any reasonable theory of compensation and deterrence. And insider trading law fails to achieve its ends because incentives to police illegal trading and tipping by executives are currently weak.

In this …

Aspects Of International Law Affecting The Naval Commander, Geoffrey E. Carlisle

Naval War College Review

The subject assigned for this lecture "The Aspects of In­ternational Law affecting the Naval Commander" is one particu­larly cogent to the members of this audience. Particularly im­portant because each of you, during periods of foreign duty, may expect to encounter problems of International Law and encounter them, not in a detached academic sort of a way, but directly-face to face-as it were.

Leveraging Regional Human Rights Mechanisms Against Universal Human Rights: The Oic Independent Permanent Human Rights Commission Study On Sexual Orientation, Robert C. Blitt

William & Mary Law Review Online

This article critically assesses a recent study on sexual orientation and gender identity (SOGI) prepared by the Organization for Islamic Cooperation’s (OIC) Independent Permanent Human Rights Commission (IPHRC). The first two parts review the establishment of the IPHRC and the norms governing regional human rights mechanisms (RHRMs). Following this, the article demonstrates that the methodology and conclusions evidenced in the IPHRC’s SOGI study diametrically oppose substantive international human rights law, and furthermore undermine the intended purpose of RHRMs within the human rights system. The article concludes by recommending that human rights advocates and others clearly and publicly call out these …

The Geneva Conventions Of 1949, Richard R. Baxter

Naval War College Review

Stated in other terms, the law seeks to limit the measures of war to those which are necessary and to curb those activities which produce suffering out of all proportion to the military advantage to be gained.

Soviet Interpretation And Application Of International Law, Oliver J. Lissitzyn

Naval War College Review

Recent Soviet writings leave little doubt that the advancement of Communism still remains the supreme criterion of morality in Soviet ideology. Hatred of the class enemy—of capitalists as a class—continues to be re­garded as one of the components of Soviet morality. Law is regarded by the Communists as an instrument by which the ruling class imposes its will on the community.

Jurisdiction, Philip C. Jessup

Naval War College Review

I think in approaching the subject of Jurisdiction it is pertinent to note that anyone exercising authority of the United States Government is from time to time necessarily concerned with problems of jurisdiction.

The Position Of Individuals In International Law, Herbert W. Briggs

Naval War College Review

In the PELEUS War Crimes Trial, the British judge advo­cate characterized 'customary international law' as: "nothing but a body of rules and customs, expressing the common sense of civilized nations." I would like to make my first parenthetical remark at this point by saying that I have been tremendously impressed by the common sense approach of the draft Law Instruc­tions for Naval Warfare.

Soviet Interpretation And Application Of International Law, John N. Hazard

Naval War College Review

Soviet lawyers did not begin thinking about International law until the year 1922. The Minister of Justice in that year gave a speech to all of the lawyers in the capital at Moscow, outlining the tasks of Soviet legal research, and he put first among those tasks the study of International Law.

Introduction To International Law, Leo Gross

Naval War College Review

At the outset, I shall talk a little bit about what we might call the "cultural setting" of international law, which I think is sometimes overlooked nowadays. In doing so, I will try to avoid extremes. I will not be overoptimistic and I will not be over­pessimistic.

War Crimes Discreetly Veiled, Frederick J.P. Veale

Naval War College Review

No abstract provided.

Introduction To International Law, R. R. Baxter

Naval War College Review

It is quite clear that man has not been able to legislate war and aggression into defeat or even into retreat, although the in­stitutions which the international community has developed exer­cise some restraints on the use of force.

Special Aspects Of Jurisdiction At Sea, Wilfred A. Hearn

Naval War College Review

My subject this morning is rather timely, and one which should be of interest to you not only because of its significance in the field of International law but because of its importance to you in your future role of planning and executing naval opera­tions at sea. Specifically, I am going to discuss the law of the sea, with particular emphasis upon those principles affecting the freedom of the seas.

Soviet Interpretation Of International Law, Oliver J. Lissitzyn

Naval War College Review

Does it do any good at all to talk about international law when it comes to dealing with the Soviet Union and its allies? I am sure that this question must have occurred to most of us from time to time. Can we expect the Soviets to pay heed to any rules of in­ternational law, or to carry out any obligations that they assume?

How Do We Understand International Law And Peace?, Rebecca Sims

Political Science Theses

This review essay provides a comprehensive roadmap of the international law of peace, which has not been so presented in the International Law-International Relations literature before. In Part 1 we review peace law as such, that is, where it is simply and directly mandated in international law. In the second of the two parts, we depict international law that does not mandate peace, but requires behavior that indirectly results in peace. In both parts the three sources of international law, treaty, custom or principles are identified, along with soft law, which is incipient, but non-binding. Laws of peace per se …

הורות משפטית מן הדין ומן הצדק - Legal Parenthood - Law And Justice, Yehezkel Margalit

Hezi Margalit

The Modern Law Of Land Warfare, Morris Greenspan

Naval War College Review

No abstract provided.

The Soviet View Of International Law, O. J. Lissitzyn

Naval War College Review

When we begin the study of international law, we soon come to realize that it is, indeed, a useful instrument in our relations with many other states.

International Control Of Nuclear Maritime Activities, Lee M. Hydeman, William H. Berman

Naval War College Review

No abstract provided.

"Cerd-Ain" Reform: Dismantling The School-To-Prison Pipeline Through More Thorough Coordination Of The Departments Of Justice And Education, Lisa A. Rich

Lisa A. Rich

In the last year of his presidency, President Barack Obama and his administration have undertaken many initiatives to ensure that formerly incarcerated individuals have more opportunities to successfully reenter society. At the same time, the administration has been working on education policy that closes the achievement gap and slows the endless flow of juveniles into the school-to-prison pipeline. While certainly laudable, there is much more that can be undertaken collaboratively among executive branch agencies to end the school-to-prison pipeline and the endless cycle of people re-entering the criminal justice system.

This paper examines the rise of the school-to-prison pipeline through …

Lest We Fail: The Importance Of Enforcement In International Criminal Law, Mary Margaret Penrose

Meg Penrose

No abstract provided.

The Soviet View Of International Law, Leon S. Lipson

Naval War College Review

In the first part of our time this morning, then, I should like to take you rapidly through the development of Soviet international law in its historical setting, describe some salient features of contempo­rary Soviet international law, dwell at some length upon the so­-called principles of peaceful coexistence, and hazard some specu­lation on the future.

Rules Governing The Conduct Of Hostilities—The Laws Of War And Their Enforcement, Gerald I.A.D. Draper

Naval War College Review

War being a very ancient activity of man, it is not surprising that over the course of centuries a considerable amount of law has evolved around the subject.

The International Law Of The Armed Forces Abroad, Gordon B. Baldwin

Naval War College Review

My function, as I understand it, is to further your study of in­ternational law by supplying specific examples of how it helps, and perhaps hinders, your work.

The Canadian Yearbook Of International Law, G. B. Baldwin, Canadian Society Of International Law

Naval War College Review

No abstract provided.

International Law In A Changing World, Publications Of The United Nations

Naval War College Review

No abstract provided.

Disarmament And International Law, G. R. Myers, Allan Gotlieb

Naval War College Review

No abstract provided.