Digital Commons Network^™

Jurisdiction In Nineteenth Century International Law And Its Meaning In The Citizenship Clause Of The Fourteenth Amendment, Robert E. Mensel

Saint Louis University Public Law Review

This article addresses the meaning of the citizenship clauses of the Civil Rights Act of 1866 and the Fourteenth Amendment by augmenting the historical record relevant to those clauses. It argues that the key to understanding their meaning lies in the nineteenth century concept of allegiance, the central concept in the international law of citizenship and subjecthood in the nineteenth century. International law, diplomatic history, and international conflict centered around that concept, reveal complexities not fully explored in the previous scholarly literature on the citizenship clauses. Conflicting national claims to the allegiance of subjects and citizens and to the duties …

The Road To Doha Through Seoul: The Diplomatic And Legal Implications Of The Pre-Cop 18 Ministerial Meeting, Jae-Hyup Lee, John Leitner, Minjung Chung

Jae-Hyup Lee

International climate change negotiations reached a critical crossroads in 2012. Facing the conclusion of the Kyoto Protocol and with no successor regime yet negotiated, nations have been compelled to re-engage in substantive and far-ranging discussions. The nation of Korea has distinguished itself in this process, in particular by hosting the final ministerial meeting prior to this year’s Conference of the Parties in Doha, Qatar. The Korean government’s willingness to lead has also been evidenced by Korea’s founding of the Global Green Growth Institute, a leading international organization in the area of environmentally responsible economic development, and its successful bid to …

Localizing Climate Change Action, Marianne Dellinger

Myanna Dellinger

Localizing Climate Change Action - abstract

Myanna Dellinger

Waiting for national- or supranational-level actors to take substantively effective action against climate change is like waiting for Godot: unlikely to happen, at least at a substantively early enough point in time. The December 2012 negotiations under the UNFCCC umbrella yet again demonstrated the failure of action at the international level. This article adds new value to existing scholarship by conducting original research into select climate initiatives at the subnational, substate level in order to find out whether it is worth pursuing climate change action at this level instead. The article posits …

Localizing Climate Change Action, Marianne Dellinger

Myanna Dellinger

Localizing Climate Change Action - abstract

Myanna Dellinger

Waiting for national- or supranational-level actors to take substantively effective action against climate change is like waiting for Godot: unlikely to happen, at least at a substantively early enough point in time. The December 2012 negotiations under the UNFCCC umbrella yet again demonstrated the failure of action at the international level. This article adds new value to existing scholarship by conducting original research into select climate initiatives at the subnational, substate level in order to find out whether it is worth pursuing climate change action at this level instead. The article posits …

Localizing Climate Change Action, Marianne Dellinger

Myanna Dellinger

Localizing Climate Change Action - abstract

Myanna Dellinger

Waiting for national- or supranational-level actors to take substantively effective action against climate change is like waiting for Godot: unlikely to happen, at least at a substantively early enough point in time. The December 2012 negotiations under the UNFCCC umbrella yet again demonstrated the failure of action at the international level. This article adds new value to existing scholarship by conducting original research into select climate initiatives at the subnational, substate level in order to find out whether it is worth pursuing climate change action at this level instead. The article posits …

Localizing Climate Change Action, Marianne Dellinger

Myanna Dellinger

Localizing Climate Change Action - abstract

Myanna Dellinger

Waiting for national- or supranational-level actors to take substantively effective action against climate change is like waiting for Godot: unlikely to happen, at least at a substantively early enough point in time. The December 2012 negotiations under the UNFCCC umbrella yet again demonstrated the failure of action at the international level. This article adds new value to existing scholarship by conducting original research into select climate initiatives at the subnational, substate level in order to find out whether it is worth pursuing climate change action at this level instead. The article posits …

Localizing Climate Change Action, Marianne Dellinger

Myanna Dellinger

Localizing Climate Change Action - abstract

Myanna Dellinger

Waiting for national- or supranational-level actors to take substantively effective action against climate change is like waiting for Godot: unlikely to happen, at least at a substantively early enough point in time. The December 2012 negotiations under the UNFCCC umbrella yet again demonstrated the failure of action at the international level. This article adds new value to existing scholarship by conducting original research into select climate initiatives at the subnational, substate level in order to find out whether it is worth pursuing climate change action at this level instead. The article posits …

Does Science Speak Clearly And Fairly In Trade And Food Safety Disputes? Decent Response Of Wto Adjudication To Indecent International Standard-Making, Kuei-Jung Ni

Kuei-Jung Ni

Most international health-related standards are voluntary per se. However, the incorporation of international standard-making into WTO agreements like the SPS Agreement has drastically changed the status and effectiveness of the standards. WTO members are urged to follow international standards, even when not required to comply fully with them. Indeed, such standards have attained great influence in the trade system. Yet evidence shows that the credibility of the allegedly scientific approach of these international standard-setting institutions, especially the Codex Alimentarius Commission (Codex) governing food safety standards, has been eroded and diluted by industrial and political influences. Its decision-making is no longer …

.The Success Of Economic And Financial Crimes Commission In Curbing Corruption And Misappropriation Of Government Funds In Nigeria Has Left A Void For An African Model., Femi Owolade

femi owolade

The issue of economic growth and development in Africa is as much revered as it is maligned and as such is never far away from the headlines. However, economic corruption remains undoubtedly at large. The Economic and Financial Crimes Commission (EFCC)-tasked with tackling corruption and fraud in Nigeria- has been effective in curbing this plight in the most populated country in the continent.Its success in doing so beg the question of why efforts have not been made by the International community to create an African model which will prosecute financial crimes from political and bureaucratic figures.

The Success Of Economic And Financial Crimes Commission In Curbing Corruption And Misappropriation Of Government Funds In Nigeria Has Left A Void For An African Model., Femi Owolade

femi owolade

The issue of economic growth and development in Africa is as much revered as it is maligned and as such is never far away from the headlines. However, economic corruption remains undoubtedly at large. The Economic and Financial Crimes Commission (EFCC)-tasked with tackling corruption and fraud in Nigeria- has been effective in curbing this plight in the most populated country in the continent.Its success in doing so beg the question of why efforts have not been made by the International community to create an African model which will prosecute financial crimes from political and bureaucratic figures.

Social Responsibility In Corporate Investment, Patrick M. Talbot

Patrick M Talbot

ABSTRACT

(Social Responsibility in Corporate Investment)

In our increasingly globalized economy, many transnational and multinational enterprises have sought to take advantage of investment opportunities in foreign nations, often in less developed countries. This can be a good opportunity for both the foreign investor and the host country, if properly managed and directed. In the last several decades, however, corporate investors have fallen under intense scrutiny for social problems they have caused or been directly or indirectly involved in. These have involved reports of abuse of labor, mistreatment of local inhabitants, misappropriation of land and resources, and crimes. Corporate involvement in …

Is Aid Conditionality The Answer To Antigay Legislation? An Analysis Of British And American Foreign Aid Policies Designed To Protect Sexual Minorities, Adam Kretz

Adam Kretz

This Article examines several emerging questions in international law. First, is aid conditionality that takes into account the treatment of LGBT people an effective mechanism to foment changes to antigay laws in other nations? If so, have the policies to do so announced by the British and American governments the appropriate way to institute these policies? After examining both aid policies and the attendant negative reactions to those policies by foreign governments, I conclude that the policies, while well intentioned, are not constructed in a manner that would encourage the bootstrapping-up of rights for LGBT people in countries threatened with …

International Law And Economic Sanctions Imposed By The United Nations Security Council, Marco A. Velásquez-Ruiz

Marco A. Velásquez-Ruiz

Nowadays and concretely after the end of Cold War, it is quite visible that the activity of the Security Council is showing a variation to the traditional conception of the international system, as the increase of actions starting from the invocation of Chapter VII of the Charter of the United nations was accompanied by new controversial outcomes. This paper intends to describe several legal issues related to the imposition of economic sanctions by the Security Council, in order to show that even if it appears that such organ of the United Nations has a wide margin of appreciation when maintaining …

Immigration Policy From Scratch: The Universal And The Unique, Stephen H. Legomsky

William & Mary Bill of Rights Journal

No abstract provided.

The Chaos Machine: The Wto In A Social Entropy Model Of The World Trading System, David Collins

David Collins

This article applies social entropy theory to international trade law, suggesting that observed shifts in world trading system towards disorder are the consequence of insufficient “energy” inputs in the form of an effective, centralized legal framework. In support of this claim, the article draws attention to recognized and substantive deficiencies in the World Trade Organization (‘WTO’). These include trade round negotiation impasse, the rise of bilateralism, indeterminacy in the treaty texts and inadequate enforcement procedures. These problems represent increasing disorganization, or entropy, in the world trading system, a phenomenon characterized most notably by growing income inequality between states and failure …

Rio 20 - An Analysis Of The Zero Draft And The Final Outcome Document "The Future We Want", Vicki-Ann Assevero, Sonali P. Chitre

Sonali P Chitre

Rio 20 the United Nations Conference on Sustainable Development (UNCSD) was held June 20-22, 2012 to allow world leaders as well as participants from governments, civil society, nongovernmental organizations (NGOs), and other groups to come together to draft a roadmap detailing how the world should promote sustainable development. The Final Outcome Document (FOD) of Rio 201 is more detailed and stronger than the initial Zero Draft. The Zero Draft of January 10, 2012 by the Secretariat was purposely general and left many areas to be filled in by specific country proposals. The FOD was finalized and agreed upon by 192 …

The Eec Merger Regulation: Preparing For A Common European Market, Earl Ray Beeman

Pepperdine Law Review

No abstract provided.

United States V. Alvarez-Machain: Kidnapping In The "War On Drugs" - A Matter Of Executive Discretion Or Lawlessness?, Michael G. Mckinnon

Pepperdine Law Review

No abstract provided.

Are We Being Propelled Towards A People-Centered Transnational Legal Order?, Claudio Grossman, Daniel D. Bradlow

Daniel D. Bradlow

No abstract provided.

A Clarification Of The Constitution's Application Abroad: Making The "Impracticable And Anomalous" Standard More Practicable And Less Anomalous, Jesse Merriam

William & Mary Bill of Rights Journal

No abstract provided.

Alla Ricerca Del Giudice Naturale Dello Ius Cogens Internazionale: Analisi Critica Del "Sindacato Diffuso” Sulla Tutela Dei Diritti Fondamentali Alla Luce Della Giurisprudenza Ferrini E Kadi, Nicola Colacino

Bocconi Legal Papers

A partire dal secondo dopoguerra, la tendenza alla «verticalizzazione» dell’ordine giuridico internazionale si è sviluppata attraverso il riconoscimento di un nucleo di norme a carattere imperativo e inderogabile, poste a tutela di diritti fondamentali, allo scopo di renderle indisponibili e sottrarle così alla libera negoziazione degli Stati. Tuttavia, la difficoltà di stabilire l’esatta dimensione e i limiti applicativi dello ius cogens nell’ambito delle relazioni giuridiche internazionali, tuttora regolate secondo il tradizionale principio di uguaglianza sovrana, ha alimentato le perplessità in ordine alla stessa utilità pratica di tale categoria normativa. Negli ultimi anni si è manifestata, pertanto, l’esigenza di dotare le …

Law Of Trade In Human Rights: A Legal Analysis Of The Intersection Of The General Trade Agreement Of Tariff’S Article Xx(B) And Labor Rights Of Children., Paul Cook

Paul Cook

China's child labor is on the rise with its 8% annual economic growth. Children are valued for their labor for several reasons: their cheaper price, their ignorance of their legal rights, their dexterous hands, and good eye sight. The use of juvenile labor is most prevalent in the following industries: toy production, textiles, construction, food production, and light mechanical work. Underage laborers are particularly vulnerable to job related hazards resulting in injury and death, and this is because they tend to be less aware of workplace hazards than do adult workers. Children begin work as early as twelve years old …

Information Wants To Be Free (Of Sanctions): Why The President Cannot Prohibit Foreign Access To Social Media Under U.S. Export Regulations, Jarred O. Taylor Iii

William & Mary Law Review

No abstract provided.

Beyond Morrison: The Effect Of The "Presumption Against Extraterritoriality" And The Transactional Test On Foreign Tender Offers, Vladislava Soshkina

William & Mary Law Review

No abstract provided.

Prospects For Satisfactory Dispute Resolution Of Private Commercial Disputes Under The North American Free Trade Agreement, Jonathan I. Miller

Pepperdine Law Review

No abstract provided.

International Trade And Economic Relations In A Nutshell, 5th Edition, Ralph Folsom, Michael Gordon, John Spanogle, Michael Van Alstine

Michael P. Van Alstine

This guide on international trade and investment examines the legal rules governing international trade. Initial chapters deal with the legal and practical environment for multinational enterprises (MNEs) engaged in international trade and investment. The work then analyzes the principal international institutions involved in international trade: the World Trade Organization (WTO) and International Monetary Fund (IMF); the essential rules governing the regulation of international trade, including in the General Agreement on Tariffs and Trade (GATT); the system for dispute resolution within the WTO under its Dispute Settlement Body (DSB); restrictions on, and other regulation of, imports, including tariff rates, customs classification …

International Business Transactions In A Nutshell, 9th Edition, Ralph Folsom, Michael Gordon, John Spanogle, Michael Van Alstine

Michael P. Van Alstine

This guide examines the principal subjects involved in international business and commercial transactions. It includes chapters on the negotiation of business transactions; the international sale of goods; the role of documentary sales; the use of letters of credit; technology transfers; the initiation, operation, and termination of, as well as limitations imposed on, foreign investments; property takings, including remedies for and options for insuring against such actions; the European Union competition rules; and dispute settlement (both through litigation in state courts and through arbitration). It also addresses throughout the special challenges for business transactions in developing and nonmarket economies.

Re-Imagining Child Soldiers, Mark Drumbl

Mark A. Drumbl

No abstract provided.

International Arbitration Scholarship And The Concept Of Arbitration Law, Stavros Brekoulakis

Stavros Brekoulakis

This article is about the concept of arbitration law and its relationship with international arbitration scholarship. It argues that the field of international arbitration scholarship has developed in isolation and never fully engaged with the crucial movements of international legal scholarship that advanced a more progressive and humanitarian concept of international law. The dearth of interdisciplinary scholarship in arbitration has had two undesirable implications. First, it has had a negative impact on how non-arbitration scholars and the public perceive arbitration. Secondly, and more importantly for the purposes of this article, it has crucially impaired the concept and autonomy of arbitration …

When The Commerce Clause Goes International: A Proposed Legal Framework For The Foreign Commerce Clause, Naomi Harlin Goodno

Naomi Harlin Goodno

Congress is allowed “to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.” The scope of Congress’s power to regulate commerce “among the several States” (the “Interstate Commerce Clause”) has long been debated. In the modern world of global interaction, Congress’s power to regulate commerce “with foreign Nations” (the “Foreign Commerce Clause”) may soon take center-stage. The U.S. Supreme Court, however, has not yet articulated a legal framework for the Foreign Commerce Clause which has lead to circuit splits and confusion as to the scope of this power. This legal issue has recently surfaced …