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Full-Text Articles in Law

Transfer Of Interest After Pendency – A Comparative Analysis Of The Solutions Adopted By The American And German Civil Procedure Systems, Madeleine Tolani Nov 2013

Transfer Of Interest After Pendency – A Comparative Analysis Of The Solutions Adopted By The American And German Civil Procedure Systems, Madeleine Tolani

Annual Survey of International & Comparative Law

This paper deals with the problem of the transfer of interest in the context of litigation, which occurs with reasonable frequency in commercial law. The transfer of interest after pendency arises when a litigant assigns his rights or obligations to a third party while the action is pending. This is illustrated by the following short example: A – the owner of some jewelry – brings a suit against B, claiming the restitution of the jewelry, which he lent to B. During the lawsuit, B sells the jewelry to C and tells him about the pending lawsuit, and that A had …


Environmental Abuses In Nigeria: Implications For Reproductive Health, Violet Aigbokhaevbo, Nkoli Aniekwu Nov 2013

Environmental Abuses In Nigeria: Implications For Reproductive Health, Violet Aigbokhaevbo, Nkoli Aniekwu

Annual Survey of International & Comparative Law

The prevalence of abusive environmental practices in Nigeria and the impunity with which they are perpetuated has generated increased concern globally and among the populace. Reproductive health and environmental health are intertwined. There has been increased concern about the adverse impact of environmental contaminants on fertility and reproduction. For example, epidemiological studies indicate that environmental exposure to endocrine disrupting chemicals is associated with human diseases and disabilities. Such exposure to environmental contaminants can be through air, water, land, and the workplace. In Nigeria, infant and maternal health prospects are still shrouded in controversy due to the unreliability of data and …


From Mountains To Molehills: A Comparative Analysis Of Drug Policy, Brian A. Ford Nov 2013

From Mountains To Molehills: A Comparative Analysis Of Drug Policy, Brian A. Ford

Annual Survey of International & Comparative Law

This paper examines the debate surrounding the trend of global movements away from prohibition and towards a harms reduction approach to drug policy. This paper reviews the prohibitionist model that is, by and large, the global status quo of how countries deal with drugs. Under the prohibitionist approach, governments criminally ban the production, trafficking, sale, possession, and use of drugs in an effort to directly combat the harms associated with drugs. Section I of this paper presents the prohibitionist approach as the international status quo and examines the effects and failures of that approach. Section II examines a variety of …


A Holistic Approach To The Conflict Of Israel And Palestine: Where We Are Now And Where We Can Go, Oraneet Shikmah Orevi Nov 2013

A Holistic Approach To The Conflict Of Israel And Palestine: Where We Are Now And Where We Can Go, Oraneet Shikmah Orevi

Annual Survey of International & Comparative Law

The Israeli-Palestinian conflict has spanned over six decades, resulting in brutal deaths of civilians, assassinations of political figures, and casualties of countless soldiers on both sides. Dominant discourse on the conflict focuses largely on the prevalence of violence and State-figures’ failure to properly address the issue. This paper will take a different approach by exploring the legality under International Law of the continual expansion of Israeli settlements in the West Bank and by illuminating the peacebuilding efforts of grassroots organizations focused on education, uniting communities, and engaging international actors. A discussion of the history is important not only to inform …


The Hashemite Kingdom Of Jordan’S Legal, Economic And Fiscal Empowerment Through Commerce And Active Trade Agreements, Thouqan Makableh May 2013

The Hashemite Kingdom Of Jordan’S Legal, Economic And Fiscal Empowerment Through Commerce And Active Trade Agreements, Thouqan Makableh

Theses and Dissertations

This dissertation analyzes whether international trade agreements, to which the Kingdom of Jordan is a party, and its legal framework, along with economic policies, have an impact on Jordan's organization of economic activities, particularly with respect to patterns of international trade. This dissertation further analyzes whether Jordan's commitment and subsequent policies to increase its economic growth are important determinants of its comparative advantage in the region, and researches whether the policies implemented to build international trade actually lead to an efficient, growing, and sustainable economy.

This dissertation takes a close look at all those aspects of economic, financial, and commercial …


Islamic Militance And The Uighur Of Kazakhstan: Recommendations For U.S. Policy, Andreas Borgeas Apr 2013

Islamic Militance And The Uighur Of Kazakhstan: Recommendations For U.S. Policy, Andreas Borgeas

Fulbright Symposium

Professor Andreas Borgeas, Professor of International & Comparative Law, San Joaquin College of Law; Fulbright Alumnus.


Kenya's Encounter With The International Criminal Court, Mary Kasango Apr 2013

Kenya's Encounter With The International Criminal Court, Mary Kasango

Fulbright Symposium

The Honorable Lady Justice Mary Kasango, Lady Justice, High Court, Kenya; 2013 LL.M. in Environmental Law Program Candidate, Golden Gate University School of Law.


Promoting Accountability Of Government Officials In Foreign Direct Investments Aimed At Curbing Transnational Corruption: The Importance Of Public Participation, Delisile Xolile Ntshalintshali Apr 2013

Promoting Accountability Of Government Officials In Foreign Direct Investments Aimed At Curbing Transnational Corruption: The Importance Of Public Participation, Delisile Xolile Ntshalintshali

Fulbright Symposium

Miss Delisile Xolile Ntshalintshali, 2013 LL.M. in International Legal Studies Program Candidate, Golden Gate University School of Law; Recipient, 2012 Fulbright Scholarship Award.


It Is Africa: Selective Prosecutions At The International Criminal Court (Icc), Eustace Azubuike Apr 2013

It Is Africa: Selective Prosecutions At The International Criminal Court (Icc), Eustace Azubuike

Fulbright Symposium

Mr. Eustace Azubuike, Research Assistant and S.J.D. Candidate, Golden Gate University School of Law.


Antarctic Governance: From Atcm To A Permanent Antarctic Organization?, Li Chen Apr 2013

Antarctic Governance: From Atcm To A Permanent Antarctic Organization?, Li Chen

Fulbright Symposium

Professor Dr. Li Chen, Professor of Law,Fudan University School of Law; 2012-2013 Fulbright Visiting Research Scholar, Center for Oceans Law and Policy, University of Virginia, School of Law.


Climate Change And Sustainable Development Of Nigeria, Sunday Gozie Ogbodo Apr 2013

Climate Change And Sustainable Development Of Nigeria, Sunday Gozie Ogbodo

Fulbright Symposium

Dr. Sunday Gozie Ogbodo, Senior Lecturer and Deputy Coordinator of the Post-Graduate Program, Faculty of Law, University of Benin.


A Case For Individual Standing In International Law, Nick O. Agbo Apr 2013

A Case For Individual Standing In International Law, Nick O. Agbo

Fulbright Symposium

The Honorable Nick O. Agbo, Former Member, Federal House of Representatives, Federal Republic of Nigeria; S.J.D. Candidate, Golden Gate University School of Law.


Is Existing International Environmental Law Adequate In Addressing The Challenge Of Global Climate Change?, Farjana Yesmin Apr 2013

Is Existing International Environmental Law Adequate In Addressing The Challenge Of Global Climate Change?, Farjana Yesmin

Fulbright Symposium

The Honorable Senior Judicial Magistrate Farjana Yesmin, Senior Judicial Magistrate, Mymensingh, Dhaka, Bangladesh; Fellow, 2012-2013 Golden Gate University School of Law/International Women Judges Graduate Fellowship Program (LL.M. in Environmental Law).


Attributing Responsibility Under International Humanitarian Law To Organized Armed Opposition Groups, Warren Small Apr 2013

Attributing Responsibility Under International Humanitarian Law To Organized Armed Opposition Groups, Warren Small

Fulbright Symposium

Adjunct Professor Warren Small, Attorney at Law; Adjunct Professor of Law, Golden Gate University School of Law, Santa Clara University School of Law, Monterey College of Law, and Monterey Institute of International Studies.


Is A Multipolar World A Concern To International Law?, Remiguis Chibueze Apr 2013

Is A Multipolar World A Concern To International Law?, Remiguis Chibueze

Fulbright Symposium

Adjunct Professor Remiguis Chibueze, Attorney at Law; Adjunct Professor of Law, Golden Gate University School of Law.


The Grounds Of Interconnection Between International Environmental And International Economic Law In The Context Of Russian Concept Of International Law, Daria Boklan Apr 2013

The Grounds Of Interconnection Between International Environmental And International Economic Law In The Context Of Russian Concept Of International Law, Daria Boklan

Fulbright Symposium

Dr. Daria Boklan holds a Ph.D. from the Institute of State and Law, Russian Academy of Science. Dr. Boklan is currently a lecturer in international law and law of the WTO in the Russian Academy for Foreign Trade, and she has more than 20 academic publications in international law, international economy law and international environmental law.


Contemporary Constitutional Changes In A Multipolar World: Any Role For International Law?, Katerina Uhlirova Apr 2013

Contemporary Constitutional Changes In A Multipolar World: Any Role For International Law?, Katerina Uhlirova

Fulbright Symposium

Assistant Professor Kateřina Uhlířová is a Lecturer at the Masaryk University, Faculty of Law in Brno, Czech Republic. She teaches International Public Law (in Czech language), International Criminal Law, International Humanitarian Law, International and Domestic Law in International Tribunals, and Jessup Moot Court (in English). She previously interned as a law clerk at the Office of the President at the International Criminal Tribunal for the former Yugoslavia in The Hague and the War Crimes Chamber of the Court of Bosnia and Herzegovina in Sarajevo. Professor Uhlířová has lectured in various countries including the USA, the UK, Belgium, Germany, Italy, the …


Conference Report: Controversial Issues Of Contemporary International Law In A Multipolar World, Christian N. Okeke Apr 2013

Conference Report: Controversial Issues Of Contemporary International Law In A Multipolar World, Christian N. Okeke

Fulbright Symposium

Professor of Law, Director of LL.M. & S.J.D. International Legal Studies Programs, Director of the Sompong Sucharitkul Center for Advanced International Legal Studies, Golden Gate University School of Law.


Keynote Speaker: "The Missing Peace: International Law Of Intrastate Relations", Michael Van Walt Van Praag Apr 2013

Keynote Speaker: "The Missing Peace: International Law Of Intrastate Relations", Michael Van Walt Van Praag

Fulbright Symposium

International Law at the School of Historical Studies Institute for Advanced Study in Princeton, New Jersey. He specializes in intra-state conflict resolution and has served as mediator and advisor in peace processes in regions ranging from Chechnya to New Caledonia. He is currently the Executive President of Kreddha, an international, non-governmental organization for the prevention and resolution of violent intra-state conflicts, which he co-founded in 1999. He served as UN Senior Legal Advisor to the Foreign Minister of East Timor, Dr. Jose Ramos Horta, during the country’s transition to independence as part of UNTAET, and has for many years served …


Empowerment, Fairness, Integration: South African Answers To The Question Of Constitutional Environmental Rights, Eric Christiansen Jan 2013

Empowerment, Fairness, Integration: South African Answers To The Question Of Constitutional Environmental Rights, Eric Christiansen

Publications

This Article will assess the current level of constitutional protection provided by the South African Constitution and its potential to facilitate and influence the uncertain rise of constitutional environmental rights in the modern era. Following this Introduction, Part II recreates and examines the process by which environmental protections became part of the post-apartheid South African Constitution, drawing from original source research. Part III provides a detailed analysis of the textual right that arose from the constitutional process and reviews the core environmental case law of the Constitutional Court so far. And the final section, Part IV, analyzes the viability of …


Luogo E Spazio, Place And Space: Gender Quotas And Democracy In Italy, Rachel A. Van Cleave Jan 2013

Luogo E Spazio, Place And Space: Gender Quotas And Democracy In Italy, Rachel A. Van Cleave

Publications

Space is power. Having a place, a seat, an ability to occupy a particular space can empower, in part by mere presence, but also by enabling a voice to be heard, to provide new perspectives, new ways of thinking and doing. Certainly, the recent Arab Uprisings' and the "Occupy" movement' took the forms they did, at least in part, because the participants understood the importance of physically occupying symbolically loaded spaces and places to promote political and social ideas and ideals. Conversely, exclusion from a place or "negative presence"' often has the effect of silencing and of marginalizing those who …


Engendering A Clinic: Lessons Learned From A Domestic Violence Clinical Course In Qatar, Stephen A. Rosenbaum, Mary Pat Treuthart Jan 2013

Engendering A Clinic: Lessons Learned From A Domestic Violence Clinical Course In Qatar, Stephen A. Rosenbaum, Mary Pat Treuthart

Publications

Domestic violence, a serious problem around the world, remains a hidden concern among the Islamic Gulf States. Yet signs indicate the situation is changing. A team of American lawyers and professors, responding to student initiative and the Qatari development strategy, recently initiated Qatar’s first law school clinic, focusing exclusively on domestic violence. By highlighting the students’ experience, this article outlines the issues involved and the problems that were encountered, and resolved, during the development of this clinic. The students first studied the issue of domestic violence, then made presentations to the larger community to raise awareness of the topic. Subsequent …


International Law In A Multipolar World: The 23rd Annual Fulbright Symposium On International Legal Problems, Brad Lai Jan 2013

International Law In A Multipolar World: The 23rd Annual Fulbright Symposium On International Legal Problems, Brad Lai

The Sompong Sucharitkul Center for Advanced International Legal Studies

Sompong Sucharitkul Center for Advanced International Legal Studies Presents: International Law in a Multipolar World
The 23rd Annual Fulbright Symposium on International Legal Problems
Friday, April 12, 2013 9:00 a.m. to 5:00 p.m.
at Golden Gate University School of Law

Keynote Speaker: Professor Dr. Michael van Walt van Praag
Professor van Walt van Praag is a visiting Professor at the Institute for Advanced Study at the School of Historical Studies in Princeton, NJ; Executive President of Kreddha, an international non-governmental organization which he founded in 1999 for the prevention and resolution of violent intra-state conflicts; and an international lawyer …