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2015

International and Area Studies

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Full-Text Articles in History

Making Ends Meet: Using A Market-Based Approach To Incentivize Foreign Vessels To Comply With The Air Emission Standards Of Marpol Annex Vi, Xiaoxin Shi Dec 2015

Making Ends Meet: Using A Market-Based Approach To Incentivize Foreign Vessels To Comply With The Air Emission Standards Of Marpol Annex Vi, Xiaoxin Shi

Penn State Journal of Law & International Affairs

No abstract provided.


One More Brick In The Wall: The Impact Of Personal Jurisdiction Of Ex Juris Defendants On The Relationship Between The United States And Canada, Matthew Johnson Dec 2015

One More Brick In The Wall: The Impact Of Personal Jurisdiction Of Ex Juris Defendants On The Relationship Between The United States And Canada, Matthew Johnson

Penn State Journal of Law & International Affairs

No abstract provided.


The Protection Of Intellectual Property Licenses In Insolvency: Lessons From The Nortel Case, Anthony Duggan, Norman Siebrasse Dec 2015

The Protection Of Intellectual Property Licenses In Insolvency: Lessons From The Nortel Case, Anthony Duggan, Norman Siebrasse

Penn State Journal of Law & International Affairs

No abstract provided.


Judicial Implementation Of South Africa’S New Business Rescue Model: A Preliminary Assessment, Patrick C. Osode Dec 2015

Judicial Implementation Of South Africa’S New Business Rescue Model: A Preliminary Assessment, Patrick C. Osode

Penn State Journal of Law & International Affairs

No abstract provided.


High-Tech Companies And The Decision To “Go Public”: Are Backdoor Listings (Still) An Alternative To “Front-Door” Initial Public Offerings?, Erik P.M. Vermeulen Dec 2015

High-Tech Companies And The Decision To “Go Public”: Are Backdoor Listings (Still) An Alternative To “Front-Door” Initial Public Offerings?, Erik P.M. Vermeulen

Penn State Journal of Law & International Affairs

No abstract provided.


Commercial Law And The Public Interest, Jay Lawrence Westbrook Dec 2015

Commercial Law And The Public Interest, Jay Lawrence Westbrook

Penn State Journal of Law & International Affairs

No abstract provided.


The Colombian Simplified Corporation: An Empirical Analysis Of A Success Story In Corporate Law Reform, Francisco Reyes Dec 2015

The Colombian Simplified Corporation: An Empirical Analysis Of A Success Story In Corporate Law Reform, Francisco Reyes

Penn State Journal of Law & International Affairs

No abstract provided.


The Natural Person, Legal Entity Or Juridical Person And Juridical Personality, Elvia Arcelia Quintana Adriano Dec 2015

The Natural Person, Legal Entity Or Juridical Person And Juridical Personality, Elvia Arcelia Quintana Adriano

Penn State Journal of Law & International Affairs

No abstract provided.


Justifications For Ucc Article 9’S Treatment Of Deposit Accounts: A Comparative Note, Catherine Walsh Dec 2015

Justifications For Ucc Article 9’S Treatment Of Deposit Accounts: A Comparative Note, Catherine Walsh

Penn State Journal of Law & International Affairs

No abstract provided.


The Role Of Party Autonomy In The Enforcement Of Secured Creditor’S Rights: International Developments, Anna Veneziano Dec 2015

The Role Of Party Autonomy In The Enforcement Of Secured Creditor’S Rights: International Developments, Anna Veneziano

Penn State Journal of Law & International Affairs

No abstract provided.


Party Autonomy And Consumer Arbitration In Conflict: A “Trojan Horse” In The Access To Justice In The E.U. Adr-Directive 2013/11?, Norbert Reich Dec 2015

Party Autonomy And Consumer Arbitration In Conflict: A “Trojan Horse” In The Access To Justice In The E.U. Adr-Directive 2013/11?, Norbert Reich

Penn State Journal of Law & International Affairs

Arbitration clauses in consumer contracts have been subject to controversy in many jurisdictions; recent U.S. and Canadian Supreme Court case law have been used as examples. European Union (E.U.) law, which originally excluded arbitration in general from the Brussels/Rome regimes, has recently taken a mixed, and to some extent limited, approach by including Alternative Dispute Resolution (ADR) entities “imposing” a solution in its recent ADR Directive 2013/11. There seems to be an indirect encouragement to develop consumer arbitration schemes in E.U. Member States as a second route to justice. It is too early to evaluate this new and somewhat clandestine …


Lessons And Best Practices For Designers Of Fast Track, Low Value, High Volume Global E-Commerce Odr Systems, Louis F. Del Duca, Colin Rule, Brian Cressman Dec 2015

Lessons And Best Practices For Designers Of Fast Track, Low Value, High Volume Global E-Commerce Odr Systems, Louis F. Del Duca, Colin Rule, Brian Cressman

Penn State Journal of Law & International Affairs

The momentum behind development of global online fast track low value high volume dispute resolution (hereafter ODR) continues to accelerate. Consumer and business groups around the world are promoting fair, proportionate, effective, online, fast track redress for low value high volume cross border e-commerce disputes. As a result, there will continue to be increasing demand for a variety of effective ODR systems design and procedural rules. Best practices developed by entities like eBay and lessons learned from the work of UNCITRAL Working Group III can be helpful in developing framework models for fast track low value high volume e-commerce ODR …


The Good, The Bad, And The Ugly In Distribution Contracts: Limitation Of Party Autonomy In Arbitration?, Pilar Perales Viscasillas Dec 2015

The Good, The Bad, And The Ugly In Distribution Contracts: Limitation Of Party Autonomy In Arbitration?, Pilar Perales Viscasillas

Penn State Journal of Law & International Affairs

No abstract provided.


Limits On Party Autonomy In International Commercial Arbitration, Giuditta Cordero-Moss Dec 2015

Limits On Party Autonomy In International Commercial Arbitration, Giuditta Cordero-Moss

Penn State Journal of Law & International Affairs

No abstract provided.


An Institutional Approach To The Creation Of Innovation Ecosystems And The Role Of Law, Toshiyuki Kono, Kazuaki Kagami Dec 2015

An Institutional Approach To The Creation Of Innovation Ecosystems And The Role Of Law, Toshiyuki Kono, Kazuaki Kagami

Penn State Journal of Law & International Affairs

No abstract provided.


The Hague Principles, The Cisg, And The “Battle Of Forms”, Peter Winship Dec 2015

The Hague Principles, The Cisg, And The “Battle Of Forms”, Peter Winship

Penn State Journal of Law & International Affairs

No abstract provided.


From Paper To Electronic Order: The Digitalization Of The Check In The Usa*, Benjamin Geva Dec 2015

From Paper To Electronic Order: The Digitalization Of The Check In The Usa*, Benjamin Geva

Penn State Journal of Law & International Affairs

No abstract provided.


Aziz Case And Unfair Contract Terms In Mortgage Loan Agreements: Lessons To Be Learned In Spain, Immaculada Barral-Viñals Dec 2015

Aziz Case And Unfair Contract Terms In Mortgage Loan Agreements: Lessons To Be Learned In Spain, Immaculada Barral-Viñals

Penn State Journal of Law & International Affairs

No abstract provided.


Should Clauses Prohibiting Assignment Be Overridden By Statute?, Louise Gullifer Dec 2015

Should Clauses Prohibiting Assignment Be Overridden By Statute?, Louise Gullifer

Penn State Journal of Law & International Affairs

No abstract provided.


International B2b Contracts - Freedom Unchained?, Ingeborg Schwenzer, Claudio Marti Whitebread Dec 2015

International B2b Contracts - Freedom Unchained?, Ingeborg Schwenzer, Claudio Marti Whitebread

Penn State Journal of Law & International Affairs

No abstract provided.


On The Intellectual History Of Freedom Of Contract And Regulation, Hans-W. Micklitz Dec 2015

On The Intellectual History Of Freedom Of Contract And Regulation, Hans-W. Micklitz

Penn State Journal of Law & International Affairs

No abstract provided.


Foreword, Mary Hiscock, Hans-W. Micklitz Dec 2015

Foreword, Mary Hiscock, Hans-W. Micklitz

Penn State Journal of Law & International Affairs

No abstract provided.


Seventeenth Biennial Meeting Of The International Academy Of Commercial And Consumer Law Dec 2015

Seventeenth Biennial Meeting Of The International Academy Of Commercial And Consumer Law

Penn State Journal of Law & International Affairs

No abstract provided.


Clean Bill Of Lading In Contract Of Carriage And Documentary Credit: When Clean May Not Be Clean, Časlav Pejović Dec 2015

Clean Bill Of Lading In Contract Of Carriage And Documentary Credit: When Clean May Not Be Clean, Časlav Pejović

Penn State Journal of Law & International Affairs

No abstract provided.


The German Army At A Crossroads Of Modernization, Sarah E. Liebig Dec 2015

The German Army At A Crossroads Of Modernization, Sarah E. Liebig

Master's Theses

This thesis examines the German civil-military relationship and the challenges the country is facing amidst modernizing reforms to the German armed forces. Over the last quarter of a century, new international security threats have manifested and continue to transform requiring Germany to adapt its military and defense policies in order to effectively protect itself and serve as a capable ally to other member states of international organizations such as NATO and the EU. The adaptations and reforms required of Germany have led to concern that the cornerstone civil-military relationship concepts are at risk. In this thesis I identify the major …


Europe’S Refugee Crisis: Assessing The Factors Preventing A Coordinated Eu Response, Ali Albassam Dec 2015

Europe’S Refugee Crisis: Assessing The Factors Preventing A Coordinated Eu Response, Ali Albassam

Master's Theses

In order to escape increasing political violence in the Middle East and Africa, many refugees are fleeing by sea to seek asylum in Europe. As a result, Europe has witnessed the highest influx of refugees since World War Two. European Union member states have scrambled for a solution, seemingly unable to form a collective response. The reemergence of nationalism amid the arrival of thousands of refugees not only clouds Europe’s moral compass, but also weakens the EU and its founding principles. In an effort to contribute to the protection of refugees and the EU and its values, this thesis aims …


La Première Couche D’Encre, Abdourahman Waberi Dec 2015

La Première Couche D’Encre, Abdourahman Waberi

Présence Francophone: Revue internationale de langue et de littérature

The author reexamines his engagement with the Rwandan genocide.


Vicarious Shame, Narrative, Social Reconnection And Public Recognition In Bamporiki’S Sin To Them, Shame On Me, Rangira Béa Gallimore Dec 2015

Vicarious Shame, Narrative, Social Reconnection And Public Recognition In Bamporiki’S Sin To Them, Shame On Me, Rangira Béa Gallimore

Présence Francophone: Revue internationale de langue et de littérature

Sin to Them, Shame on Me is a testimony by the Rwandan writer, filmmaker and peace advocate, Bamporiki, who suffers from vicarious shame because of the crime of genocide that Hutu perpetrators committed against Tutsis in the name of the group. His testimony redeems his sense of self by acknowledging the wrongdoing of his group, yet it also represents a step that separates him from that group. His powerful testimonial narratives allow him to associate with genocide survivors and the world, and to develop a new identity as a Rwandan. The polymorphic narrative structure of his written testimony in which …


Le Devoir De Mémoire Ou Une Identité Ravalée Dans Cicatrices D’Alain Kamal Martial, Katharine Hargrave Dec 2015

Le Devoir De Mémoire Ou Une Identité Ravalée Dans Cicatrices D’Alain Kamal Martial, Katharine Hargrave

Présence Francophone: Revue internationale de langue et de littérature

This article examines the construction of identity in Alain Kamal Martial’s novel, Cicatrices. Conceived during a rape committed by a group of militiamen, the narrator struggles against a sense of obligation to avenge his mother’s assault, as well as a need to liberate himself from this event. However, under the onus of being a proxy witness, he realizes that he cannot forget his duty of memory because he embodies the inherited trauma of past generations. The crude and powerful immediacy of this text forces the reader to reflect upon his or her own role in the remembrance of past injustices.


Le Cinéma Face À L’Oblitération Génocidaire. Silences Éloquents Et Hors-Champ Intérieur Chez Philippe Van Leeuw Et Kivu Ruhorahoza, Alexandre Dauge-Roth, Ayse Irem Ikizler Dec 2015

Le Cinéma Face À L’Oblitération Génocidaire. Silences Éloquents Et Hors-Champ Intérieur Chez Philippe Van Leeuw Et Kivu Ruhorahoza, Alexandre Dauge-Roth, Ayse Irem Ikizler

Présence Francophone: Revue internationale de langue et de littérature

Philippe Van Leeuw and Kivu Ruhorahoza’s cinema proposes an esthetic and ethical gaze that distances itself from the historic realism that defines the majority of the films on the genocide against the Tutsi in Rwanda. By conferring an unprecedented eloquence to different types of silence and by maintaining viewers in a concerted state of ignorance, both filmmakers question societies’ will to know within the legacy of genocide and their willingness to culturally acknowledge the traumatic resonance of its aftermath.