Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 9 of 9

Full-Text Articles in Law

The Refugee Burden Of Proof: Legal Gaps And Future Considerations For Climate Migrants, Aedan Raleigh Oct 2023

The Refugee Burden Of Proof: Legal Gaps And Future Considerations For Climate Migrants, Aedan Raleigh

Pace Law Review

As impacts of climate change become increasingly imminent and devastating, especially for the world’s most vulnerable communities, climate processes and events have forced certain populations to flee their homes. Climate refugees, also called environmental or climate migrants, describes those displaced by environmental disruption; however, international law has yet to delineate how these individuals fit into current refugee law or other areas of immigration assistance. This paper begins by examining current international refugee law, challenges to seeking asylum, and how this applies, or fails to apply, to climate migrants. I will then explore the burden of proof for the principle of …


Exposing The Glass Ceiling And Social Exclusion Of Arabs In The Israeli Labor Market, Neta Nadiv Aug 2023

Exposing The Glass Ceiling And Social Exclusion Of Arabs In The Israeli Labor Market, Neta Nadiv

Pace International Law Review

This article presents the conservative claim that the public sector ought to lead by example to influence social employment patterns, across the public and private sectors. The hypothesis is that affirmative action plans are instrumental in establishing change in employment processes and are additionally essential in advancing the social concept of employment diversity. In the absence of a clear obligation and set requirements for the inclusion of Arab employees in Israel, an under-represented group, it is likely no significant change in employment patterns will be seen. This article details how current affirmative action plans advocate for integration merely on paper …


Determining An Effective Regulatory Framework For Businesses To Report On The Environment, Climate, And Human Rights, Paco Mengual Aug 2023

Determining An Effective Regulatory Framework For Businesses To Report On The Environment, Climate, And Human Rights, Paco Mengual

Pace International Law Review

The objective of this article is to identify the existing dynamics and clarify the reasoning behind reporting on environmental, climate, and human rights information in search of effective and binding frameworks to enhance transparency. To that effect, this article relates the evolution from a corporate sustainable business focus to reporting on environmental social and governance and increasing corporate accountability. It then expands on defining non- financial information and ESG reporting with regards to recent European Union Regulations (SFDR, Taxonomy) as well as the challenges associated with defining sustainable investments. This article aims to compare and understand the various regulatory strategies …


Improving Recommendations From The Un's Universal Periodic Review: A Case Study On Domestic Abuse In The Uk, Alice Storey Aug 2023

Improving Recommendations From The Un's Universal Periodic Review: A Case Study On Domestic Abuse In The Uk, Alice Storey

Pace International Law Review

Hailed as an international human rights innovation, the UN Human Rights Council’s Universal Periodic Review (“UPR”) is a peer-review mechanism that assesses the protection and promotion of human rights in all 193 UN Member States, including intergovernmental and civil society input. Importantly, within the UPR, other Member States provide recommendations to each state under review on how it can improve human rights on the ground. States can decide to accept or note recommendations and should then go on to implement those that are accepted. The recommendations are a fundamental part of the UPR process, yet they are not always formulated …


Falling Stars And Sinking Ships: How Article Vii Of The Outer Space Treaty Needs Maritime Law, Mckenzie Franck Aug 2023

Falling Stars And Sinking Ships: How Article Vii Of The Outer Space Treaty Needs Maritime Law, Mckenzie Franck

Pace International Law Review

The urge to go where no man has gone before has led to great leaps in space technology that only seemed real in cinema. As more private companies, such as private asteroid mining companies in China, attempt to take this leap, it has become clear that there are significant gaps in international space law regarding liability with private parties. Within Article VII of the Outer Space Treaty, there is a laid-out structure on how states can be held liable for damages caused by celestial bodies. However, the Outer Space Treaty ignores what happens if a private company causes injuries in …


Commercialization Of Separated Human Body Parts - Unpacking Instrumentalization Approach, Arseny Shevelev, Georgy Shevelev Jan 2023

Commercialization Of Separated Human Body Parts - Unpacking Instrumentalization Approach, Arseny Shevelev, Georgy Shevelev

Pace International Law Review

The principle of non-commercialization, which prohibits trade in separated human body parts, has long been firmly embedded in many European legal orders and has become an integral part of them. However, many new uses for human biomaterials have now been discovered, and the need for them has reached a historical climax. This paper aims to explain the main tenets of non-commercialization theory, including such principles as human dignity and need to protect human’s health, and to show that these categories have so far been understood in a very one-sided and visceral way, and largely in contradiction to their true spirit. …


From Well-Side Meetings To Pelican Strategy: A Context-Based Approach To Combat Corruption, Lili Yan Jan 2023

From Well-Side Meetings To Pelican Strategy: A Context-Based Approach To Combat Corruption, Lili Yan

Pace International Law Review

This article takes up the question of what strategy is to be used among different communities to eradicate corruption across borders. The debate between two legal scholars, Steven Salbu and Philip Nichols, over the viability of extraterritorial application of anti-bribery laws remains thought-provoking when we look at the effectiveness of the OECD Anti-bribery Convention or FCPA in curbing corruption. Empirical research shows that firms from countries with extraterritorial legal restrictions do not necessarily refrain themselves from paying bribes in foreign transactions. This article ties the Salbu-Nichols’ debate, ISCT, mediating institutions theory, and Pelican Gambits strategy together to structure a context …


Discrimination On The Basis Of Nationality Under The Convention On The Elimination Of Racial Discrimination, William Thomas Worster Jan 2023

Discrimination On The Basis Of Nationality Under The Convention On The Elimination Of Racial Discrimination, William Thomas Worster

Pace International Law Review

Following a recent judgment by the International Court of Justice (ICJ), a divergence has opened between the Court and the Committee on the Elimination of Racial Discrimination (CERD Committee) over whether the Convention on the Elimination of All Forms of Racial Discrimination (CERD) covers nationality-based discrimination. The ICJ held that the CERD does not, but the CERD Committee had previously held the opposite. The solution to this difference is to recognize that the CERD excludes discrimination between citizens and aliens, and, in this, the ICJ was correct. However, this discrimination is distinct from discrimination between foreign persons on the basis …


The Future Of Pandemics: Land Use Controls As Means Of Preventing Zoonotic Disease, Bailey Andree Jan 2023

The Future Of Pandemics: Land Use Controls As Means Of Preventing Zoonotic Disease, Bailey Andree

Pace International Law Review

Zoonotic diseases are increasing in frequency as climate change worsens around the world, with the recent COVID-19 pandemic highlighting the inadequate mechanisms in place to counteract disease spread. This article reviews various zoonotic diseases and their patterns of spread, highlighting land use change as the key driver of disease to demonstrate the need for legal intervention. International land use law is a little-developed subsect of environmental law that holds the key to combating this disease spread, and this article proposes solutions through this legal lens. Land use techniques which may be used to combat disease spread include conservation laws, setback …