Law Commons^™

Reframing Housing: Incorporating Public Law Principles Into Private Law, Kristen Barnes

College of Law - Faculty Scholarship

A new public-private law paradigm is developing with respect to the relationship of the state to private contracts. The paradigm melds private law concepts like unconscionability, good faith, and fair dealing with the public human rights principles of dignity and vulnerability. I trace this paradigm shift in the context of the housing law of Spain, where several rich cultural and legal resources have inspired a new sensibility with regard to residential mortgage loan contracts, rental agreements, and the overall duties and obligations of governments to address the citizenry's housing needs. Although this reorientation reflects decisions from the European Court of …

The Import Of Hollywood Films In China: Censorship And Quotas, Jessica Grimm

Syracuse Journal of International Law and Commerce

No abstract provided.

Front Matter

Syracuse Journal of International Law and Commerce

No abstract provided.

Addressing The 'Failure' Of Informed Consent In Online Data Protection: Learning The Lessons From Behaviour-Aware Regulation, Shara Monteleone

Syracuse Journal of International Law and Commerce

Information notice and data subject's consent are the current main legal safeguards of data protection and privacy rights: they reflect individuals' instances, such as self-determination and control over one's own private sphere, that have been acknowledged in many jurisdictions. However, the theoretic strength of these safeguards appears frustrated by current online practices that seem suggesting to give-up with their most common form of implementation: privacy notices and request for consent. These measures are proving to be unsuccessful in increasing users' awareness and in fostering a privacy protective-behaviour. As recent studies have shown, although people declare privacy concerns, their actual behaviour …

How The U.S. Occupation Imposed Economic Reforms On Iraq Irrespective Of International Law As A Foundation For The Present Oil Bonanza, Robert Bejesky

Syracuse Journal of International Law and Commerce

No abstract provided.

Filling The Gaps: New Proposals For The Convention On The Rights Of A Child, Kathleen Boumans

Syracuse Journal of International Law and Commerce

No abstract provided.

Syracuse Journal Of International Law And Commerce - Vol. 43, No. 1 (Complete)

Syracuse Journal of International Law and Commerce

No abstract provided.

Cpa Dictates On Iraq: Not An Update To The Customary International Law Of Occupation But The Nucleus Of Blowback With The Emergence Of Isis, Robert Bejesky

Syracuse Journal of International Law and Commerce

No abstract provided.

Host States' Due Diligence Obligations In International Investment Law, Eric De Brabandere

Syracuse Journal of International Law and Commerce

Due diligence is present in a variety of aspects of the protection of foreign investors in international investment law and plays an important role in several aspects of the protection of foreign investors. In particular, certain standards of investment protection, notably "full protection and security" ("FPS") include an obligation for the State to act with due diligence.

This articles seeks to establish an explanatory framework for past and future decisions of arbitral tribunals which have applied or will be confronted to applications of the due diligence standard in international investment law, by providing a typology of the different possible applications …

Front Matter

Syracuse Journal of International Law and Commerce

No abstract provided.

Road To Recovery: Pakistan's Human Rights Crises In The Fata, Naji'a Tameez

Syracuse Journal of International Law and Commerce

No abstract provided.

"Softness" In International Instruments: The Case Of Transnational Corporations, Harri Kalimo, Tim Staal

Syracuse Journal of International Law and Commerce

No abstract provided.

Data Protection Laws: Quilts Versus Blankets, Samantha Diorio

Syracuse Journal of International Law and Commerce

No abstract provided.

Syracuse Journal Of International Law And Commerce - Vol. 42, No. 2 (Complete)

Syracuse Journal of International Law and Commerce

No abstract provided.

Front Matter

Syracuse Journal of International Law and Commerce

No abstract provided.

Curtailing Subsidy Wars In Global Trade: Revisiting The Economics Of World Trade Organization Law On Subsidies, Sacchidananda Mukherjee, Debashis Chakraborty, Julien Chaisse

Syracuse Journal of International Law and Commerce

The positive influence of subsidies on merchandise exports is well known from international trade theory literature. However, the empirical evidence on the relationship itself remains ambiguous. This article fills a gap in the existing pool of research by conducting a panel data empirical analysis over two decades for 140 countries to understand the relationship between their overall budgetary subsidies and aggregate merchandise export inclination. The detailed research findings of this paper underline the importance of going beyond the "Bali Package" agreed in December 2013 and concluding the Doha Round Negotiations of the World Trade Organization ("WTO"). The outline for the …

Economic Democracy, Made In Germany: The Mietshauser Syndikat Model As A Framework For Developing Democratic Enterprises, John C. Carroll

Syracuse Journal of International Law and Commerce

No abstract provided.

Shifting Paradigms: Promoting An American Adoption Campaign For Afghan Children, Kulsoom K. Ijaz

Syracuse Journal of International Law and Commerce

No abstract provided.

Legal Cases On Posthumous Reputation And Posthumous Privacy: History Censorship, Law, Politics And Culture, Bo Zhao

Syracuse Journal of International Law and Commerce

It is a well-established doctrine in common law countries that law does not protect the reputation and privacy of the deceased. However, many countries, including Westem European democracies, protect them to various extents by confining free expression and exchange of information and ideas regarding the dead and the past. Such an instrumental use of defamation law and privacy law can provide censorship of history with justifiable legal grounds. Based on an analysis of representative legal cases on posthumous reputation and posthumous privacy collected across the world, this article tries to offer a thorough analysis of the phenomenon of how legal …

A Nuclear Kellogg-Briand Pact: Proposing A Treaty For The Renunciation Of Nuclear War As An Instrument Of National Policy, David Koplow

Syracuse Journal of International Law and Commerce

No abstract provided.

Front Matter

Syracuse Journal of International Law and Commerce

No abstract provided.

Promoting Compliance: An Assessment Of Asean Instruments Since The Asean Charter, Hao Duy Phan

Syracuse Journal of International Law and Commerce

No abstract provided.

Establishing Liability For The Enslavement And Forced Labor Of Children Under The Alien Tort Statute, Katie Wendle

Syracuse Journal of International Law and Commerce

No abstract provided.

"Softness" In International Instruments: The Case Of Transnational Corporations, Harri Kalimo, Tim Staal

Syracuse Journal of International Law and Commerce

No abstract provided.

The Answer Is In The Evidence: Plain Packaging, Graphic Health Warnings, And The Family Smoking Prevention And Tobacco Control Act, Michelle M. Chester

Syracuse Journal of International Law and Commerce

No abstract provided.

Efficient Breach In The Common European Sales Law, Wenqing Liao

Syracuse Journal of International Law and Commerce

No abstract provided.

Syracuse Journal Of International Law And Commerce - Volume 42, No. 1 (Complete)

Syracuse Journal of International Law and Commerce

No abstract provided.

Syracuse Journal Of International Law And Commerce - Volume 41, Number 2 (Complete)

Syracuse Journal of International Law and Commerce

No abstract provided.

Front Matter

Syracuse Journal of International Law and Commerce

No abstract provided.

Who's Your Daddy? The International Market For American Sperm, Samantha C. Robbins

Syracuse Journal of International Law and Commerce

No abstract provided.