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Full-Text Articles in Law
Ending Demand For Modern-Day Slavery: An Analysis Of Human Trafficking In The Global Marketplace, Rachel Leach
Ending Demand For Modern-Day Slavery: An Analysis Of Human Trafficking In The Global Marketplace, Rachel Leach
Indiana Journal of Global Legal Studies
The purpose of this paper is to inform readers of the prevalence of and increasing demand for human trafficking, both domestically and globally, and to propose necessary next steps governments must take in order to end the demand for such human exploitation. This paper will closely analyze the issue of trafficking humans for sex and labor within the Western Hemisphere and throughout Asia by using the United States and China as primary case studies. These case studies analyze the specific actions or inactions taken by the United States and Chinese governments to combat modern day slavery, as well as the …
Corporations And The Limits Of State-Based Models For Protecting Fundamental Rights In International Law, David Bilchitz
Corporations And The Limits Of State-Based Models For Protecting Fundamental Rights In International Law, David Bilchitz
Indiana Journal of Global Legal Studies
At the heart of international law lies a central tension. On the one hand, the fundamental rights recognized in international treaties protect the fundamental interests of individuals, obligating all actors who can affect these rights. One the other hand, international law has often been conceived of as a system in which the only legitimate actors are states. In turn, only states can be bound by the fundamental rights obligations in international treaties. To address this tension, two models have been proposed. The first is an "Indirect duty" approach, whereby the state remains the primary duty-bearer and must itself "create" the …
Pain, Gain, Or Shame: The Evolution Of Environmental Law And The Role Of Multinational Corporations, Michael Ewing-Chow, Darryl Soh
Pain, Gain, Or Shame: The Evolution Of Environmental Law And The Role Of Multinational Corporations, Michael Ewing-Chow, Darryl Soh
Indiana Journal of Global Legal Studies
The evolution of environmental law in the past century has been linked to the growing acceptance of the notion of collective global responsibility, which entails the notion of sustainable development. At the turn of this century, the focus in environmental law has shifted from the creation of a global framework to deal with environmental problems to that of compliance with these frameworks. As a result, the primary actor of environmental policy has shifted from the state to the corporation. How has environmental law developed so as to encourage compliance by this new primary actor? Conversely, how has the corporation been …
Help For Hotspots: Ngo Participation In The Preservation Of Worldwide Diversity, Bradley M. Bernau
Help For Hotspots: Ngo Participation In The Preservation Of Worldwide Diversity, Bradley M. Bernau
Indiana Journal of Global Legal Studies
This Note explores the role that nongovernmental organizations can and do play in the preservation of global biodiversity hotspots. The hotspot concept-developed in the late 1980s alongside the new field of conservation biology-identifies particular areas of the world that contain high levels of endemic species that are highly threatened or endangered. Some experts have argued that by focusing species conservation efforts on these areas, a maximum amount of species can be protected and preserved using a minimum amount of time, money, and effort, allowing the remaining, scarce funds and resources to be directed toward species conservation efforts elsewhere.
Without commenting …
In Fear Of International Law (The George P. Smith Lecture In International Law), Ivan Shearer
In Fear Of International Law (The George P. Smith Lecture In International Law), Ivan Shearer
Indiana Journal of Global Legal Studies
The thesis of this paper is that governments of some otherwise enlightened states are increasingly fearful of acknowledging the restraints imposed on them by existing international law. They are also reluctant to enter into new commitments by way of international conventions that would expand the reach of international law. The paper asks whether these fears are based on a true understanding of international law or on some distorted view of it. It will draw comparisons and some contrasts between Australia and the United States in their reactions to a number of recent events as well as to some enduring situations …
Courts And Globalization, Sir David Williams David Q. C.
Courts And Globalization, Sir David Williams David Q. C.
Indiana Journal of Global Legal Studies
Globalization, Courts, and Judicial Power Symposium
Examining The (Non-)Status Of Ngos In International Law, Kerstin Martens
Examining The (Non-)Status Of Ngos In International Law, Kerstin Martens
Indiana Journal of Global Legal Studies
No abstract provided.
Empire's Law (The Earl A. Snyder Lecture In International Law), Susan Marks
Empire's Law (The Earl A. Snyder Lecture In International Law), Susan Marks
Indiana Journal of Global Legal Studies
On March 7, 2002, Professor Marks delivered the sixth annual Snyder Lecture at the Indiana University School of Law-Bloomington.
Introduction: The Earl A. Snyder Lecture In International Law, Alfred C. Aman
Introduction: The Earl A. Snyder Lecture In International Law, Alfred C. Aman
Indiana Journal of Global Legal Studies
No abstract provided.
Democratic Governance And International Law, Edited By Gregory H. Fox And Brad R. Roth, Richard A. Barnes
Democratic Governance And International Law, Edited By Gregory H. Fox And Brad R. Roth, Richard A. Barnes
Indiana Journal of Global Legal Studies
No abstract provided.
Legal Consequences Of Globalization: The Status Of Non-Governmental Organizations Under International Law, Karsten Nowrot
Legal Consequences Of Globalization: The Status Of Non-Governmental Organizations Under International Law, Karsten Nowrot
Indiana Journal of Global Legal Studies
No abstract provided.
Introduction: The Rule Of Law In The Era Of Globalization Symposium, David Fidler
Introduction: The Rule Of Law In The Era Of Globalization Symposium, David Fidler
Indiana Journal of Global Legal Studies
No abstract provided.
International Law & Ethnic Conflict, By David Wippman, Satvinder S. Juss
International Law & Ethnic Conflict, By David Wippman, Satvinder S. Juss
Indiana Journal of Global Legal Studies
No abstract provided.
The True Function Of Law In The International Community, Philip Allott
The True Function Of Law In The International Community, Philip Allott
Indiana Journal of Global Legal Studies
No abstract provided.
Introduction: The Earl A. Snyder Lecture In International Law, David Fidler
Introduction: The Earl A. Snyder Lecture In International Law, David Fidler
Indiana Journal of Global Legal Studies
No abstract provided.
Introduction: The Earl A. Snyder Lecture In International Law, Alfred C. Aman
Introduction: The Earl A. Snyder Lecture In International Law, Alfred C. Aman
Indiana Journal of Global Legal Studies
No abstract provided.
International Law And Private Foreign Investment, Elihu Lauterpacht, C.B.E., Q.C.
International Law And Private Foreign Investment, Elihu Lauterpacht, C.B.E., Q.C.
Indiana Journal of Global Legal Studies
No abstract provided.
Feminism, Globalization And Culture: After Beijing, L. Amede Obiora
Feminism, Globalization And Culture: After Beijing, L. Amede Obiora
Indiana Journal of Global Legal Studies
In this article, Professor Obiora begins with the premise that the
credibility of traditional legal frameworks has eroded, because the law
remains unable to relieve the oppressions and polarization between cultures,
even in the wake of global institutional transformations that seem to help the
oppressed, particularly women. Professor Obiora offers the Beijing Platform
for Action as a radical new solution for human rights protection, radical in
that it is one of the first declaratives to transcend the previous dichotomy of
issues among women by expressing a commitment to a global framework in
which to address these issues, particularly the feminization …
The Harmonization Of Law And Mexican Antitrust: Cooperation Or Resistance?, James E. Crawford
The Harmonization Of Law And Mexican Antitrust: Cooperation Or Resistance?, James E. Crawford
Indiana Journal of Global Legal Studies
No abstract provided.
Midwifery: An International Legal Perspective - The Need For Universal Legal Recognition, Danielle Rifkin
Midwifery: An International Legal Perspective - The Need For Universal Legal Recognition, Danielle Rifkin
Indiana Journal of Global Legal Studies
No abstract provided.
National Legal Restructuring In Accordance With International Norms: Gatt/Wto And China's Trade Reform, Thomas Man
National Legal Restructuring In Accordance With International Norms: Gatt/Wto And China's Trade Reform, Thomas Man
Indiana Journal of Global Legal Studies
No abstract provided.
Non-Governmental Organizations And Global Activism: Legal And Informal Approaches, Wendy Schoener
Non-Governmental Organizations And Global Activism: Legal And Informal Approaches, Wendy Schoener
Indiana Journal of Global Legal Studies
No abstract provided.
International Law, Industrial Location, And Pollution, Duane Chapman, Jean Agras, Vivek Suri
International Law, Industrial Location, And Pollution, Duane Chapman, Jean Agras, Vivek Suri
Indiana Journal of Global Legal Studies
The dominant position of economists on trade and environment is that
increasing trade raises living standards, which provide the economic
basis for reduced pollution. Professors Chapman, Agras, and Suri
present a perspective that raises very different points. First, the dramatic
growth of manufacturing in East Asia for global markets is
based entirely (or nearly so) on the importation of processed
pollution-intensive raw materials. For a typical product in this global
system, a U.S. consumer purchasing an Asian product made from
imported resources benefits from a lower price and a cleaner local
environment; however, energy use and pollution associated with the …
Introduction: International Environmental Law And Agencies: The Next Generation Symposium, Alfred C. Aman
Introduction: International Environmental Law And Agencies: The Next Generation Symposium, Alfred C. Aman
Indiana Journal of Global Legal Studies
No abstract provided.
Institutional Aspects Of International Governance, Elisabeth Zoller
Institutional Aspects Of International Governance, Elisabeth Zoller
Indiana Journal of Global Legal Studies
Professor Elisabeth Zoller discusses the domain and the methods of internationalg overnance. In PartI , she addresses the notion of the "international community." Professor Zoller argues that the international community is not really a community at all, but several "intertangled communities" with common interests. These common interests emerged as a result of several worldwide events, such as World War I and the Great Depression. The author asserts that common interests among nation states and priority setting are the two prerequisites necessary for international governance. In Part II, the authore xamines the methods of internationalg overnance, beginning with the proposition that …
Out Of Many, One?, Kenneth L. Karst
Out Of Many, One?, Kenneth L. Karst
Indiana Journal of Global Legal Studies
No abstract provided.
Law And Administrative Discretion, Sir David Williams David Q. C.
Law And Administrative Discretion, Sir David Williams David Q. C.
Indiana Journal of Global Legal Studies
Sir David Williams originally presented this paper as the
inaugural lecturer for the Ralph F. Fuchs lecture series at the
Indiana University School of Law on April 15, 1993. Professor
Fuchs was a faculty member of the Indiana University School of
Law from 1945 until his death in 1985. He was an important
contributor to the drafting of the Administrative Procedure Act of
1946, president of the Indiana Civil Liberties Union, an active
participant in the National Association for the Advancement of
Colored People, a leader of the American Association of University
Professors, and a fighter for free speech and …
International Trade And Environmental Development: A View From India, R. S. Pathak
International Trade And Environmental Development: A View From India, R. S. Pathak
Indiana Journal of Global Legal Studies
No abstract provided.
After You: May Action By The Rich Be Contingent Upon Action By The Poor?, Henry Shue
After You: May Action By The Rich Be Contingent Upon Action By The Poor?, Henry Shue
Indiana Journal of Global Legal Studies
No abstract provided.
The "Greening" Of International Law: Emerging Principles And Rules, Philippe Sands
The "Greening" Of International Law: Emerging Principles And Rules, Philippe Sands
Indiana Journal of Global Legal Studies
No abstract provided.