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Full-Text Articles in Law
Globalization, Regional Integration And Taxes On The Consumption Of Goods And Services In The Mercosur, Luciano Pereira Vieira
Globalization, Regional Integration And Taxes On The Consumption Of Goods And Services In The Mercosur, Luciano Pereira Vieira
Luciano Pereira Vieira
This article reconsiders historical, political and economic assumptions necessary to understand the processes of globalization and regional integration, by seeking to break down certain taboos on the subject matter. All phases to be completed by the States participating in a given integration process and the setbacks experienced along the path until achieving the intended degree of political & economic integration are also outlined herein. It is assumed that the economic integration entails a great deal of effort from players to adjust their domestic laws, in particular tax regulations, since the markets and taxes go hand in hand, with the first …
Do We Need Regional Human Rights Institutions In The Asia-Pacific Region?, Buhm-Suk Baek
Do We Need Regional Human Rights Institutions In The Asia-Pacific Region?, Buhm-Suk Baek
Buhm Suk Baek
Since the adoption of the Bangkok Declaration in 1993, there have been numerous initiatives to establish regional human rights institutions and charters in the Asia‐Pacific region, but all efforts have been impeded by deep cultural, political, and historical issues. Over the last two decades, human rights scholars have also published a large number of studies exploring the possibilities for creating RHRIs in the Asia‐Pacific region. They, however, have mainly focused on examining the reasons why such regional human rights systems have not emerged in the Asia‐Pacific region and on suggesting ways in which RHRIs in this region can be created, …
Cassez Y El Convenio De Estrasburgo, Alejandro Faya Rodriguez
Cassez Y El Convenio De Estrasburgo, Alejandro Faya Rodriguez
Alejandro Faya Rodriguez
No abstract provided.
Taking War Seriously: A Model For Constitutional Constraints On The Use Of Force, In Compliance With International Law, Craig Martin
Taking War Seriously: A Model For Constitutional Constraints On The Use Of Force, In Compliance With International Law, Craig Martin
Craig Martin
This article develops an argument for increased constitutional control over the decision to use armed force or engage in armed conflict, as a means of reducing the incidence of illegitimate armed conflict. In particular, the Model would involve three elements: a process-based constitutional incorporation of the principles of international law relating to the use of force (the jus ad bellum regime); a constitutional requirement that the legislature approve any use of force rising above a de minimus level; and an explicit provision for limited judicial review of the decision-making process. The Model is not designed with any one country in …
Central And Eastern Europe: Europeanization And Westernization Through Accession Conditionality, Michael K. Marriott
Central And Eastern Europe: Europeanization And Westernization Through Accession Conditionality, Michael K. Marriott
Michael K Marriott
With 27 member states, the EU is not a body in and of itself, but rather is a central authority constituted of its member states. In order to create a reasonable level of coherence within the Union, the national politics of each member state must undergo a process of Europeanization so as to find a common ground for the members to work together. This leads to the logical question: ‘to what extent are national politics Europeanized?’ Although important to consider, this question is overly broad for the purposes of this paper. A more appropriate question, one that exists within the …
Africa, Mark J. Calaguas
Africa, Mark J. Calaguas
Mark J Calaguas
The Africa Committee's contribution to the 2010 Year-in-Review issue of the American Bar Association Section of International Law's quarterly journal, The International Lawyer.
Does A Ne Exeat Provision Create Rights Of Custody Under The Hague Abduction Convention?: The Supreme Court’S Elusive Quest For A Bright Line Rule In Abbott V. Abbott, Todd Heine
Todd Heine
This article reviews the United States Supreme Court decision in Abbott v. Abbott, an international family law case from the 2009 - 2010 term. The article then points out the potential impacts of this decision on future cross-border custody disputes. This article is important for two reasons. First, it provides a timely and concise critique of the Court’s opinion and dissent. The Court decided that a ne exeat provision in Chilean law that forbid one parent from removing a child from Chile extended rights of custody under the Hague Convention on the Civil Aspects of International Child Abduction to an …
Habitual Residence, Home State, And Cross-Border Custody Jurisdiction: Time For A Temporal Standard In International Family Law, Todd Matthew Heine
Habitual Residence, Home State, And Cross-Border Custody Jurisdiction: Time For A Temporal Standard In International Family Law, Todd Matthew Heine
Todd Heine
This article addresses jurisdictional standards that arise in every cross-border child custody dispute between European Union Member States and the United States—habitual residence and home state jurisdiction. These jurisdictional standards face uncertainty in many cases. The article covers three areas of international family law. First, the article provides a history of family law jurisdiction in the United States and thoroughly reviews home state jurisdiction in United States domestic law. While domestic family lawyers know this standard, the standard’s rigidity and fragmented application among the states baffles many foreign family lawyers. Second, the article offers an overview of the remarkable emergence …
Суд Над Нацистским Правом. Нюрнбергский Процесс: 65 Лет Спустя, Leonid G. Berlyavskiy
Суд Над Нацистским Правом. Нюрнбергский Процесс: 65 Лет Спустя, Leonid G. Berlyavskiy
Leonid G. Berlyavskiy
The article is devoted to the research of the Nazi Law that has been carried out by the International Military Tribunal in Nuremberg. The 65 anniversary of its activity is marked now. The basic attention is given to theoretical bases of the charges shown to the main military criminals in the Nuremberg process, totali-tarian system of power, and also the Legal policy of fascist Germany and the basic components of the Nazi Law presented by the main accusers in the process
Efficient Contracting Between Foreign Investors And Host States: Evidence From Stabilization Clauses, Sam Halabi
Efficient Contracting Between Foreign Investors And Host States: Evidence From Stabilization Clauses, Sam Halabi
Sam Halabi
Bilateral investment treaties are agreements between sovereign states that give broad protections to investors and investments made within the jurisdiction of the other state. The prevailing view in the academy and practice is that developing countries sign bilateral investment treaties in order to reassure investors from developed states that their investments will be safe from changes in domestic law. Without these "credible commitments," investors would be deterred from making investments, depriving developing countries of foreign capital. This Article disputes that view by demonstrating that foreign investors and host states effectively contract around the risk of changes in the law. This …
Post Baby Boy V. United States Developments In The Inter-American System Of Human Rights: Inconsistent Application Of The American Convention’S Protection Of The Right To Life From Conception, Ligia M. De Jesus
Ligia M. De Jesus
This article examines the question of whether the Inter-American system of human rights has effectively applied article 4(1) the American Convention on Human Rights (hereinafter American Convention or Convention), which protects the right to life from the moment of conception and, if so, to what extent. The paper carries out a critical assessment of the Inter-American system’s current application of article 4(1), which stands out among other international human rights treaties for its explicit recognition that human life begins at conception and for its unequivocal protection of the unborn child’s right to life in utero. Section II looks at the …
Revisiting Baby Boy V. United States: Why The Iachr Resolution Did Not Effectively Undermine The Inter-American System On Human Rights’ Protection Of The Right To Life From Conception, Ligia M. De Jesus
Ligia M. De Jesus
Not many are aware Roe v. Wade and Doe v. Bolton were challenged before the Inter-American Commission on Human Rights (IACHR) in 1981. In Baby Boy v. United States, the quasi-judicial regional human rights body concluded that the abortion of Baby Boy, a viable male fetus, was permissible under the American Declaration of the Rights and Duties of Man and, incidentally, the American Convention on Human Rights, notwithstanding the fact that the latter protects the right to life "from the moment of conception" and the former contains an implied right to life for every "human being". In addition, the Commission …
Targeted Killing Court: Why The United States Needs To Adopt International Legal Standards For Targeted Killings And How To Do So In A Domestic Court, Michael Epstein
Targeted Killing Court: Why The United States Needs To Adopt International Legal Standards For Targeted Killings And How To Do So In A Domestic Court, Michael Epstein
Michael Epstein
In light of the fact that the Obama Administration appears committed to continuing and expanding the use of drones and targeted killing as a primary counter-terrorism method, addressing both domestic and international concerns about the legality of our drone use is no simple task. Much has been written on the topic, and various definitions and interpretations of international law have been proposed; in order to address all of these concerns simultaneously while balancing the obvious reality that drone strikes will not stop anytime soon, I propose that a domestic judicial mechanism is required. Part I of this paper demonstrates the …
The 1937 International Sugar Agreement: Neo-Colonial Cuba And Economic Aspects Of The League Of Nations, Michael Fakhri
The 1937 International Sugar Agreement: Neo-Colonial Cuba And Economic Aspects Of The League Of Nations, Michael Fakhri
Michael Fakhri
To many in the West, the League of Nations was to establish political peace between nations. To the Cuban sugar-producing elite of the 1920s and 1930s, however, the League was an important socioeconomic institution used to augment many of Cuba’s first modern state institutions. This article explores how and why Cuban delegates were the principals behind the 1937 International Sugar Agreement – one of the League’s few operational economic treaties. This treaty sheds light onto how actors from the so-called industrial core and agricultural periphery used international law, institutions, and practice to negotiate and renegotiate their relationship with each other.
Reconstruing Wto Legitimacy Debates, Michael Fakhri
Reconstruing Wto Legitimacy Debates, Michael Fakhri
Michael Fakhri
There is an emerging consensus that the WTO is in grave need of institutional redesign. For the last fifteen years, questions of WTO institutional reform have been framed as a matter of improving the WTO’s legitimacy. This Article suggests that thinking about WTO redesign as a matter of improving its legitimacy limits our ability to fundamentally appreciate what the WTO’s function and purpose is and conceptualize what it should be. It would be more useful to know what is exactly at stake and what have been the social, political, and economic implications of the legitimacy debate thus far. The legitimacy …
A Propósito Del Giro Historiográfico En Derecho Internacional, Ignacio De La Rasilla Del Moral
A Propósito Del Giro Historiográfico En Derecho Internacional, Ignacio De La Rasilla Del Moral
Ignacio de la Rasilla del Moral, Ph.D.
Illiteracy rate in Spain at the turn of the 20th century was of 63.8% and 16.000 students - out of a total Spanish population of 18.6 million - attended the 10 existing Spanish universities. 2.000 university titles were accorded, half of which in Law in 1900, and 200 students obtained their doctorates by the Central University of Madrid which held the academic monopoly of doctoral studies at the time. In 1902, the Bulletin of the Institution of Free Teaching published a chronicle signed by Aniceto Sela y Sampil on the didactic methods he employed to teach Public and Private International …
Acquired Rights In Administrative Courts Of Connoted International Organizations. Jurisprudential Study,, Juan Lapenne
Acquired Rights In Administrative Courts Of Connoted International Organizations. Jurisprudential Study,, Juan Lapenne
Juan Lapenne
No abstract provided.
Can We Find And Stop The "Jihad Janes"?, Diane Webber
Can We Find And Stop The "Jihad Janes"?, Diane Webber
Diane Webber
Two female American citizens, Colleen LaRose, a.k.a. “Jihad Jane” and Jamie Paulin-Ramirez, whose appearance and passports allow them to blend into Western society, currently represent “one of the worst fears” of intelligence and FBI analysts who work to identify terrorist threats. On both sides of the Atlantic, similar problems exist of homegrown terrorism and radicalization, and the internet has a huge impact on these issues. This paper examines the tools available to the U.S. and the U.K. to find and stop potential homegrown terrorists from perpetrating catastrophic acts of terror. After assessing the differences between U.S. and U.K. law, I …