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Articles 1 - 30 of 210
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Maritime Incidents In The South China Sea: Measures Of Law Enforcement Or Use Of Force?, Aurel Sari
Maritime Incidents In The South China Sea: Measures Of Law Enforcement Or Use Of Force?, Aurel Sari
International Law Studies
China has sought to extend its control over the South China Sea at the expense of neighboring countries. In pursuing its goals, Beijing adopts a “power and law” approach, claiming extensive territorial and maritime rights in contravention of the UN Convention on the Law of the Sea and asserting these rights through coercive action in disputed waters. A key element of China’s strategy involves the use of coast guard and maritime militia vessels in an effort to portray its operations as measures of law enforcement, rather than displays of coercive power.
This article argues that the Chinese narrative of law …
Money Is Morphing - Cryptocurrency Can Morph To Be An Environmentally And Financially Sustainable Alternative To Traditional Banking, Clovia Hamilton
Money Is Morphing - Cryptocurrency Can Morph To Be An Environmentally And Financially Sustainable Alternative To Traditional Banking, Clovia Hamilton
DePaul Business & Commercial Law Journal
No abstract provided.
Trade Laws Between Northern Ireland And The Republic Of Irelandpost Brexit, Claire O'Brien
Trade Laws Between Northern Ireland And The Republic Of Irelandpost Brexit, Claire O'Brien
Ohio Northern University International Law Journal
No abstract provided.
National Security Law, Geoffrey M. Goodale, Jonathan Meyer, Mario Mancuso, Lucille Hague, Matthew O'Hare, Faith Dibble, Bonnie H. Weinstein, Sergio L. Suarez, Christopher A. Vallandingham, Guy C. Quinlin
National Security Law, Geoffrey M. Goodale, Jonathan Meyer, Mario Mancuso, Lucille Hague, Matthew O'Hare, Faith Dibble, Bonnie H. Weinstein, Sergio L. Suarez, Christopher A. Vallandingham, Guy C. Quinlin
The Year in Review
No abstract provided.
Amnesty Laws In Modern Peace Agreements: An Analysis Of The Northern Ireland Legacy Act Under International Law, Mckenzie Gallagher
Amnesty Laws In Modern Peace Agreements: An Analysis Of The Northern Ireland Legacy Act Under International Law, Mckenzie Gallagher
American University International Law Review
In September 2023, the United Kingdom passed the Northern Ireland Troubles (Legacy and Reconciliation) Act (“Legacy Act”), which grants amnesty to anyone who discloses information regarding murders, disappearances, or other unsolved crimes during the period known as “The Troubles” in Northern Ireland. The Legacy Act’s amnesty provision is expected to hinder the peace process in Northern Ireland and in turn, avert accountability for serious international crimes. This Comment considers to what extent the Legacy Act’s amnesty provision violates the Good Friday Agreement, the peace accord ending decades of conflict in Northern Ireland, the European Convention on Human Rights, the United …
Taxing Dirty Luxuries, Victoria J. Haneman
Taxing Dirty Luxuries, Victoria J. Haneman
Case Western Reserve Journal of International Law
Dirty luxuries are items that are pleasant or nice to have, not necessities, that absolutely bludgeon the environment. From the merely affluent to the ultra-rich, consumers enjoying dirty luxuries, such as luxury clothing, private jets, superyachts, SUVs, and vacation cruises, drive one of the most polluting types of consumption on the planet. This Article explores the climate costs of dirty luxuries, considers the current and proposed international efforts to address the climate impact of these luxuries, and proposes structures by which these luxuries may be taxed to either reduce consumption or compensate for negative externalities.
Are The Imposed Principles Standard? A Review Of Imposing Standards: The North-South Dimension To Global Tax Politics By Martin Hearson, Opeyemi Bello
Are The Imposed Principles Standard? A Review Of Imposing Standards: The North-South Dimension To Global Tax Politics By Martin Hearson, Opeyemi Bello
Dalhousie Law Journal
The publication of Martin Hearson’s book, Imposing Standards: The North-South Dimension to Global Tax Politics, coincided with heated international discussions of the most substantial policy proposals in the field of international taxation in the last century.1 Hearson’s work provides insights on how the developed countries exerted control over the negotiations of the double taxation agreement (DTA) regime, which is the basis of the current international taxation framework. It explains how the negotiations resulted in a framework that works well for the developed countries, but does not substantially address the tax revenue needs of the developing countries. The publication of the …
Stars, Stripes, And Surveillance: The United States' Failure To Regulate Data Privacy, Sam Begland
Stars, Stripes, And Surveillance: The United States' Failure To Regulate Data Privacy, Sam Begland
American University International Law Review
In the wake of the United States Supreme Court's devastating decision to strip Americans of their constitutional right to abortion in Dobbs v. Jackson Women’s Health Organization, data privacy is more salient than ever. Without adequate data regulations, state governments and anti-abortion activists alike can harass and prosecute pregnant people attempting to exercise their bodily autonomy. This comment argues that the United States has violated its obligations under the International Covenant on Civil and Political Rights (ICCPR) Article 17 by failing to protect against interference with the use and collection of reproductive health data. Further, this comment analyzes interpretations of …
Stars, Stripes, And Surveillance: The United States' Failure To Regulate Data Privacy, Sam Begland
Stars, Stripes, And Surveillance: The United States' Failure To Regulate Data Privacy, Sam Begland
American University Law Review
In the wake of the United States Supreme Court’s devastating decision to strip Americans of their constitutional right to abortion in Dobbs v. Jackson Women’s Health Organization, data privacy is more salient than ever. Without adequate data regulations, state governments and anti-abortion activists alike can harass and prosecute pregnant people attempting to exercise their bodily autonomy. This comment argues that the United States has violated its obligations under the International Covenant on Civil and Political Rights (ICCPR) Article 17 by failing to protect against interference with the use and collection of reproductive health data. Further, this comment analyzes interpretations of …
Constructing The "Lawless Other" In Scotland And The Southern United States, Caroline K. Abbott
Constructing The "Lawless Other" In Scotland And The Southern United States, Caroline K. Abbott
Notre Dame Journal of International & Comparative Law
No abstract provided.
Prosecuting Atrocities Committed In Ukraine: A New Era For Universal Jurisdiction?, Yvonne M. Dutton
Prosecuting Atrocities Committed In Ukraine: A New Era For Universal Jurisdiction?, Yvonne M. Dutton
Case Western Reserve Journal of International Law
No abstract provided.
Domestic Terrorism Classification In The United States V. Canada And The United Kingdom, Michelle Hayek
Domestic Terrorism Classification In The United States V. Canada And The United Kingdom, Michelle Hayek
Brooklyn Journal of International Law
For the past two decades, discourse on terrorism (both global and domestic) has been commonplace throughout the international sphere. Following the attacks on September 11, 2001, many nations have followed suit in launching counterterrorism operations to identify and prevent attacks by both radical groups and lone actors. While the common narrative has focused on “why” terrorist actors commit heinous acts and “how” to best prevent future incidents from emerging, it is important to analyze the legal nuances between prosecuting domestic versus international terrorists. With the rise on “homegrown” domestic lone actors, nations have had to reevaluate and adapt counterterrorism statutes …
European Law, James Henry Bergeron, Matthew Soper, Isabel Montojo, Shekinah Apedo, Marc Weitz, Konstantinos Tsimaras, Henry Stamelos, Angelique Devaux, Jdrg Rehder, Elisabet Rojano-Vendrell
European Law, James Henry Bergeron, Matthew Soper, Isabel Montojo, Shekinah Apedo, Marc Weitz, Konstantinos Tsimaras, Henry Stamelos, Angelique Devaux, Jdrg Rehder, Elisabet Rojano-Vendrell
The Year in Review
No abstract provided.
Ireland’S Case Of Diminishing Returns: How Ireland’S Corporate Tax Policy Fails To Serve The Irish People And Their Democracy, Ronan Nelson
Ireland’S Case Of Diminishing Returns: How Ireland’S Corporate Tax Policy Fails To Serve The Irish People And Their Democracy, Ronan Nelson
San Diego International Law Journal
This Comment starts by providing a historical overview of Irish corporate tax policy and the significant role it played in bringing the country up to economic strength with other economies in Western Europe. Then, it explains the current state of Ireland’s corporate tax code and explores influential legislation in the European Union and the United States governing their respective approaches to tax competition and tax harmonization. This is done to more clearly juxtapose the Irish government’s outdated, yet continuing maintenance of the country’s tax haven status with changes in international tax enforcement and corporate tax policy that further diminish the …
Immigration And Naturalization, Kevin J. Fandl, Sabrina Damast, Mayra C. Artiles, Poorvi Chothani, Cliodhna Murphy
Immigration And Naturalization, Kevin J. Fandl, Sabrina Damast, Mayra C. Artiles, Poorvi Chothani, Cliodhna Murphy
The Year in Review
No abstract provided.
The Constitutional Dynamics Of Brexit, Richard Ekins
The Constitutional Dynamics Of Brexit, Richard Ekins
Notre Dame Journal of International & Comparative Law
No abstract provided.
Parliament And The Brexit Process: The Battle For Constitutional Supremacy In The United Kingdom, Stephen Tierney
Parliament And The Brexit Process: The Battle For Constitutional Supremacy In The United Kingdom, Stephen Tierney
Notre Dame Journal of International & Comparative Law
No abstract provided.
The (Second) Race To Space: A Human Rights Analysis Of Rapid Space Innovation, Alyssa Nelson
The (Second) Race To Space: A Human Rights Analysis Of Rapid Space Innovation, Alyssa Nelson
Georgia Journal of International & Comparative Law
No abstract provided.
Gender And Counterterrorism: How The United States' Underestimation Of Women's Roles In Violent Extremism Threatens National Security, Brianna N. Bulski
Gender And Counterterrorism: How The United States' Underestimation Of Women's Roles In Violent Extremism Threatens National Security, Brianna N. Bulski
Loyola University Chicago International Law Review
Discourse surrounding conflict and terrorism is often confined by gendered binaries which conflate masculinity with violence and femininity with peace and passivity. The social adoption of these archetypes has encouraged policy makers and security officials to paint men as combatants or orchestrators of extremism, while women are thought of as mere collaterals to war. However, the number of women involved in extremist groups is rising both domestically and abroad. As the essentialization of femininity becomes increasingly dangerous, the exigency to reimagine national security initiatives grows. This comment argues that the United States has reached a critical juncture in its counterterrorism …
Derogations To Human Rights During A Global Pandemic: Unpacking Normative And Practical Challenges, Roman Girma Teshome
Derogations To Human Rights During A Global Pandemic: Unpacking Normative And Practical Challenges, Roman Girma Teshome
American University International Law Review
After the World Health Organization (WHO) characterized the COVID-19 outbreak as a “global pandemic,” States responded by taking more restrictive and urgent measures. These measures ranged from restrictions on public events to partial or total lockdowns, which restrict a plethora of human rights. Additionally, an unprecedented number of States declared a state of emergency to justify these measures; as of this writing, roughly two-thirds of States declared a state of emergency due to COVID-19 under the International Covenant on Civil and Political Rights (“ICCPR”).
Safety Inside And Out: Why International Human Rights Standards Fail To Curb The Worst Excesses Of Police Policies And Practices, Dr. Mary O'Rawe
Safety Inside And Out: Why International Human Rights Standards Fail To Curb The Worst Excesses Of Police Policies And Practices, Dr. Mary O'Rawe
Georgia Journal of International & Comparative Law
No abstract provided.
Plastic Prohibition: The Case For A National Single-Use Plastic Ban In The United States, Margaret Kolcon
Plastic Prohibition: The Case For A National Single-Use Plastic Ban In The United States, Margaret Kolcon
Penn State Journal of Law & International Affairs
No abstract provided.
Sexual Orientation And Gender Identity, Mark E. Wojcik
Sexual Orientation And Gender Identity, Mark E. Wojcik
The Year in Review
No abstract provided.
The Sovereign Citizen Movement: A Comparative Analysis With Similar Foreign Movements And Takeaways For The United States Judicial System, Mellie Ligon
Emory International Law Review
The Moorish Sovereign Citizens Movement began as an offshoot of the overarching Sovereign Citizens Movement in the United States in the 1990s by former followers of the Washitaw Nation and Moorish Science Temple of America. The Moorish Sovereign Citizens Movement follows an anti-government ideology, based in the idea the current American government is illegitimate and has been operating under false pretenses since as early as the 19th century. Though disagreement among the members of the movement regarding what spurred this covert change from a legitimate to an illegitimate government exists, examples of the different catalysts include the U.S. abandonment of …
Life In A Sharing Economy: What Airbnb, Turo, And Other Accommodation-Sharing Services Mean For Cities, Zoe Mckenzie
Life In A Sharing Economy: What Airbnb, Turo, And Other Accommodation-Sharing Services Mean For Cities, Zoe Mckenzie
Penn State Journal of Law & International Affairs
No abstract provided.
The African Union-Icc Controversy Before The Icj: A Way Forward To Strengthen International Criminal Justice?, Sascha-Dominick Dov Bachmann, Naa A. Sowatey-Adjei
The African Union-Icc Controversy Before The Icj: A Way Forward To Strengthen International Criminal Justice?, Sascha-Dominick Dov Bachmann, Naa A. Sowatey-Adjei
Washington International Law Journal
The International Criminal Court was set up as a court of last resort to prosecute the most serious crimes under international law when its member states are either unable or unwilling to act. The African Union initially welcomed the court due to the continent’s history of violence and war. However, their soured when the ICC began indicting African heads of state and government officials. Since then, there has been a constant “battle” over whether such defendants could invoke immunity under customary international law. General criticism of the ICC by the African Union and other observers for its lack of focus …
Somalia And Legal Pluralism: Advancing Gender Justice Through Rule Of Law Programming In Times Of Transition, Roison Burke
Somalia And Legal Pluralism: Advancing Gender Justice Through Rule Of Law Programming In Times Of Transition, Roison Burke
Loyola University Chicago International Law Review
No abstract provided.
Going Bare In The Law Of Assignments: When Is An Assignment Champertous?, Anthony Sebok
Going Bare In The Law Of Assignments: When Is An Assignment Champertous?, Anthony Sebok
FIU Law Review
No abstract provided.
Bankruptcy Tourism And The European Union’S Corporate Restructuring Quandary: The Cathedral In Another Light, Samir D. Parikh
Bankruptcy Tourism And The European Union’S Corporate Restructuring Quandary: The Cathedral In Another Light, Samir D. Parikh
University of Pennsylvania Journal of International Law
No abstract provided.
The Right To Self-Determination: Philosophical And Legal Perspectives, Michael Freeman
The Right To Self-Determination: Philosophical And Legal Perspectives, Michael Freeman
New England Journal of Public Policy
Why do we need to rethink self-determination? In this article I argue that self-determination is a necessary feature of the human condition and a human right but that it is in part illusory and is potentially dangerous. We need to rethink self-determination because our collective thinking has been very confused, and bad thinking about self-determination costs many lives.