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International Law

Selected Works

Selected Works

2015

Articles 301 - 313 of 313

Full-Text Articles in Law

Would The Implementation Of The Un Crpd Help The Disabilities Enjoy Fair Human Rights In The Us?, Ashley H. Song Ms. Dec 2014

Would The Implementation Of The Un Crpd Help The Disabilities Enjoy Fair Human Rights In The Us?, Ashley H. Song Ms.

Ashley Song

Modern discrimination is implicit. The paper finds out the implicit discrimination which comes from the mindset. So called, the ‘cognitive discrimination’ excludes the explicit discrimination prohibited by the legal language of the anti-discrimination law in the US. The United Nations Convention on the Rights of Persons with Disabilities (CRPD) Article 12 states the fair recognition of disabilities. The paper tests if the UN CRPD can extend its meaning of fair recognition to reduce the hidden prejudice.

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Patentable Subject Matter As A Policy Lever, Amy L. Landers Dec 2014

Patentable Subject Matter As A Policy Lever, Amy L. Landers

Amy L. Landers

Patents are intended to be used as instruments to further policy. One potent policy driver to accomplish such goals is through the legal construction and application of the term “invention." Internationally, various legal authorities have recognized that this definition can be crafted in ways that are targeted to have real-world consequences. In the U.S., the open-ended framework of the Patent Act's section 101 invites judicial interpretation to effectuate the law's purposes. Ideally, these determinations should rest on articulated, transparent reasoning so that, under a common law system, those policies can serve as touchstones to ensure that the relevant precedents are …

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International Criminal Law, Gail A. Partin Dec 2014

International Criminal Law, Gail A. Partin

Gail A. Partin

The Electronic Resource Guide, often called the ERG, has been published online by ASIL since 1997. Systematically updated and continuously expanded, the ERG is designed to be used by students, teachers, practitioners, and researchers as a self-guided tour of relevant, quality, up-to-date online resources covering important areas of international law. The ERG also serves as a ready-made teaching tool at graduate and undergraduate levels.

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Desalination: An Additional Water Source For Southern California’S Water Crisis And An Unsustainable 1944 U.S.-Mexico Water Treaty, Hala Alskaf Dec 2014

Desalination: An Additional Water Source For Southern California’S Water Crisis And An Unsustainable 1944 U.S.-Mexico Water Treaty, Hala Alskaf

Hala Alskaf

No abstract provided.

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The Role Of Non-Governmental Organizations In Advancing International Criminal Justice, Charles Jalloh Dec 2014

The Role Of Non-Governmental Organizations In Advancing International Criminal Justice, Charles Jalloh

Charles C. Jalloh

This article examines the role of non-governmental organizations (NGOs) in
advancing international criminal justice. I argue that NGOs have had considerable
impact by contributing, among other things, to the global struggle against impunity
through advocacy for the creation of more robust institutional mechanisms to prosecute
those who perpetrate such crimes. This ranges from supporting the processes
that led to the creation of several ad hoc international tribunals for Yugoslavia,
Rwanda and Sierra Leone, all the way through to their support for the establishment
of an independent permanent international penal court based in The Hague.
The crux of my claim is …

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U.S. Legal Profession Efforts To Combat Money Laundering And Terrorist Financing, Laurel S. Terry Dec 2014

U.S. Legal Profession Efforts To Combat Money Laundering And Terrorist Financing, Laurel S. Terry

Laurel S. Terry

This article was prepared for the Symposium on Combating Money Laundering and Terrorist Financing, which was the first academic symposium of its kind, and included speakers from the U.S. Department of the Treasury, the FDIC, and the IRS. It focuses on the legal profession and explains how the US has implemented the FATF Recommendations that address the role that "gatekeepers," including lawyers, can serve to combat money laundering and terrorist financing. After setting forth introductory material about the intergovernmental organization called the Financial Action task Force or FATF, the FATF Recommendations, and the degree to which the FATF Recommendations have …

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Transnational Legal Practice [2014], Laurel S. Terry, Carole Silver Dec 2014

Transnational Legal Practice [2014], Laurel S. Terry, Carole Silver

Laurel S. Terry

This article focuses on Transnational Legal Practice (TLP) activities that took place in 2014, along with 2013 activities that were not addressed in the previous year’s TLP article. In the authors’ view, meeting points and connective relationships are where the action is in TLP. This article highlights some of the meeting points and relationships that affect border-crossing for a variety of actors involved in TLP policy-making and practice. It refers to “TLP-Nets,” using the term “Nets” to suggest the notion of a network. Networks are “boundary-spanning and boundary-creating structures that affect the roles of organizational actors, including business corporations, voluntary …

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“Gatting” The New Climate Treaty Right: Leveraging Energy Subsidies To Promote Multilateralism, Deepa Badrinarayana Dec 2014

“Gatting” The New Climate Treaty Right: Leveraging Energy Subsidies To Promote Multilateralism, Deepa Badrinarayana

Deepa Badrinarayana

In a previous paper, Trading Up Kyoto: A Proposal for Amending the Protocol, I argued that not only do international trade rules, specifically the operation of the World Trade Organization("WTO") agreements, hinder international climate change treaty negotiations, but also that applying exceptions to circumvent trade rules is doctrinally difficult and normatively unsettling, primarily because of WTO jurisprudence, the colorable intent of nations that are violating WTO rules in the guise of mitigating climate change, and the challenges to creating environmental exceptions to trade rules to facilitate emissions reduction. To illustrate this point, I focused on ongoing trade disputes involving a …

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The Persistence Of Sovereignty And The Rise Of The Legal Subject, Michael A. Helfand Dec 2014

The Persistence Of Sovereignty And The Rise Of The Legal Subject, Michael A. Helfand

Michael A Helfand

Several states have considered bills aimed at preventing courts from enforcing, considering, or relying on both religious and international law. This legislative pushback on international and religious law reflects a concerted effort to consolidate legal authority by asserting the state as the only source of legitimate law. As the core of this controversy stands an age-old philosophical dispute over the relationship between sovereignty and law: Does state sovereignty preclude the possibility of law both above the state – that is, international law – and below the state – that is, religious and customary law? This tension tracks a long-standing fissure …

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The United States’ Multidimensional Approach To Combatting Corruption, Padideh Ala'i Dec 2014

The United States’ Multidimensional Approach To Combatting Corruption, Padideh Ala'i

Padideh Ala'i

The United Scares legal system seeks to prevent and prohibit bribery and corruption through a myriad of laws, regulations and policies. Anti-corruption jurisprudence is more developed in the context of public sector contracts where the United States criminalizes bribery of public officials through 18 U.S.C. § 201 ( Bribery of Public Officials and Witnesses). In addition, the United States was the first country to criminalize bribery of foreign government officials in 1977 with the passage of the Foreign Corrupt Practices Act (FCPA). The FCPA has since been amended 10 comply wi1h the adop1ion of the OECD Conven1ion on Comba1ing Bribery …

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Corporate "Human Rights" To Intellectual Property Protection, J. Janewa Osei Tutu Dec 2014

Corporate "Human Rights" To Intellectual Property Protection, J. Janewa Osei Tutu

J. Janewa Osei-Tutu

The global intellectual property system protects the interests of intellectual property owners, sometimes to the detriment of competing interests like public health or access to knowledge. Some scholars have proposed a human rights framework for intellectual property as a way to inject balance into the current system. However, the assertion that human rights will bring balance is often coupled with the assumption that corporations are, by definition, excluded from human rights-based intellectual property claims. Yet, corporations have used, and are likely to continue to use, human rights law to ground their intellectual property claims. Since multinational corporations were a major …

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An Economic Analysis Of Liability And Compensation For Harm From Large-Scale Solar Climate Engineering Field Research, Jesse Reynolds Dec 2014

An Economic Analysis Of Liability And Compensation For Harm From Large-Scale Solar Climate Engineering Field Research, Jesse Reynolds

Jesse Reynolds

Solar climate engineering is under increasing consideration as a potential means to reduce climate change risks. Its field research may generate knowledge to reduce climate risks to humans and the environment and will, at sufficient scales, pose its own risks, some of which will be transboundary. Liability or compensation for harm is frequently referenced as a possible component of international regulation of solar climate engineering but has been insufficiently elaborated. This article offers an economic analysis of the possible interrelated roles of rules, liability, and compensation in the future international regulation of large-scale solar climate engineering field research. Notably, the …

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Litigating In The Qatar International Court / لتقاضي في محكمة قطر الدولية, Gerald Lebovits Dec 2014

Litigating In The Qatar International Court / لتقاضي في محكمة قطر الدولية, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.

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