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Articles 1 - 30 of 111
Full-Text Articles in Law
The Issue Of Icc Jurisdiction Over Nationals Of Non-Consenting, Non-Party States To The Rome Statute: Refuting Professor Dapo Akande’S Arguments, Jay A. Sekulow, Robert W. Ash
The Issue Of Icc Jurisdiction Over Nationals Of Non-Consenting, Non-Party States To The Rome Statute: Refuting Professor Dapo Akande’S Arguments, Jay A. Sekulow, Robert W. Ash
South Carolina Journal of International Law and Business
The International Criminal Court (ICC) claims the right to extend its jurisdiction over nationals of non-consenting, non-party States to the Rome Statute. The United States, as a non-party State, argues that the Rome Statute violates customary international law by doing so. Professor Dapo Akande has written an article that defends the ICC practice. This article refutes the arguments made by Professor Akande.
Protecting Human Rights In African Countries: International Law, Domestic Constitutional Interpretation, The Responsibility To Protect, And Presidential Immunities, John Mukum Mbaku
South Carolina Journal of International Law and Business
In the aftermath of the Cold War, Africans redoubled their efforts to fight impunity and violations of human rights. This renewed effort, however, was part of the struggle that started during the colonial period by Africans to free themselves from European domination and exploitation. Unfortunately, most post-independence African States failed to fully transform the critical domains and provide themselves with institutional arrangements capable of adequately constraining their civil servants and political elites. As a consequence, these countries came to be pervaded by high levels of government impunity, particularly the violation of human rights. During the last several decades, however, grassroots …
Wto Agricultural Trade And The Unfulfilled Promise Of Development, Destaw A. Yigzaw
Wto Agricultural Trade And The Unfulfilled Promise Of Development, Destaw A. Yigzaw
South Carolina Journal of International Law and Business
The World Trade Organization (WTO) was established with an alluring promise of enhancing the living standards of people around the world, creating jobs and spurring development, while ensuring equitable distribution of the fruits of trade, with particular regard to the needs of the poor. However, critics see the WTO as a mercantilist system tailored to the commercial interests of wealthy nations and their corporations, with little or no attention to the interests of the poor. What happens to agriculture affects the poor disproportionately. If spurring economic development and thereby enhancing the living standards of people is indeed the WTO’s goal, …
Practical Implications From An Expansive Interpretation Of Umbrella Clauses In International Investment Law, Katherine Jonckheere
Practical Implications From An Expansive Interpretation Of Umbrella Clauses In International Investment Law, Katherine Jonckheere
South Carolina Journal of International Law and Business
The right way to interpret so-called 'umbrella clauses' has been debated for over a decade. Interpreted restrictively, these clauses merely reinforce the substantive commitments and protections listed in the remainder of the investment treaties in which they are found. An expansive interpretation on the other hand gives these clauses the effect of elevating purely contractual obligations undertaken by the state vis-à-vis specific investors to full-blown treaty obligations under international law, subject to the investment treaty's dispute settlement provisions. Although an expansive reading seems to have gained considerable ground amongst investment arbitration tribunals over the years, this article will show that …
Smedley V. Smedley, 772 F.3d 184 (4th Cir. 2014). The Effect Of International Comity On The Hague Convention, Mary R. Pritchard
Smedley V. Smedley, 772 F.3d 184 (4th Cir. 2014). The Effect Of International Comity On The Hague Convention, Mary R. Pritchard
South Carolina Journal of International Law and Business
No abstract provided.
Reforming The Global Value Chain Through Transnational Private Regulation, Kishanthi Parella
Reforming The Global Value Chain Through Transnational Private Regulation, Kishanthi Parella
South Carolina Journal of International Law and Business
No abstract provided.
Why Un Inspections? Corruption, Accountability, And The Rule Of Law, Stuart S. Yeh
Why Un Inspections? Corruption, Accountability, And The Rule Of Law, Stuart S. Yeh
South Carolina Journal of International Law and Business
No abstract provided.
Masthead
South Carolina Journal of International Law and Business
No abstract provided.
Table Of Contents
South Carolina Journal of International Law and Business
No abstract provided.
Legal Issues Concerning The Eu Unilateral Aviation Ets: A Chinese Perspective, Wenqiong Liang, Liying Zhang
Legal Issues Concerning The Eu Unilateral Aviation Ets: A Chinese Perspective, Wenqiong Liang, Liying Zhang
South Carolina Journal of International Law and Business
Since January 2012, carbon emissions from international aviation have been formally included in the European Union Emission Trading Scheme (EU ETS). Airlines from outside the EU have struggled to find an escape from this arguably unfair decision. China, the United States, Russia, India, and representatives from nineteen other countries signed the Moscow Joint Declaration in February of 2012 to demonstrate opposition to the EU’s unilaterally enacted aviation carbon tax. Originally, the EU had no intention of canceling or suspending its plan to tax the aviation industry’s carbon emissions; however, after international pressure from a number of opposing countries and airlines, …
A Glass Half Full: Corporate And State Responsibilities Under Economic And Social Rights During The On-Going European Financial Crisis, Jernej L. Černič
A Glass Half Full: Corporate And State Responsibilities Under Economic And Social Rights During The On-Going European Financial Crisis, Jernej L. Černič
South Carolina Journal of International Law and Business
No abstract provided.
Seeing Through The Li(E)Bor: Reforming The Libor Reforms, Bruce G. Luna Ii
Seeing Through The Li(E)Bor: Reforming The Libor Reforms, Bruce G. Luna Ii
South Carolina Journal of International Law and Business
No abstract provided.
You've Got [International] Mail! A Comment On Bakala V. Bakala, Renee Ballew
You've Got [International] Mail! A Comment On Bakala V. Bakala, Renee Ballew
South Carolina Journal of International Law and Business
No abstract provided.
The Enemies Of All Humankind: The Fourth Circuit's Application Of Universal Jurisdiction In United States V. Shibin, Alicia A. Olive
The Enemies Of All Humankind: The Fourth Circuit's Application Of Universal Jurisdiction In United States V. Shibin, Alicia A. Olive
South Carolina Journal of International Law and Business
No abstract provided.
Table Of Contents
South Carolina Journal of International Law and Business
No abstract provided.
How I Convinced The French Supreme Court To Cancel The First French Legislative Elections In The United States, Pierre Ciric
How I Convinced The French Supreme Court To Cancel The First French Legislative Elections In The United States, Pierre Ciric
South Carolina Journal of International Law and Business
No abstract provided.
Balintulo V. Daimler Ag, 727 F.3d 174 (2013). Second Circuit Closes The Door For Victims Of International Rights Violations, Emily M. Nellermoe
Balintulo V. Daimler Ag, 727 F.3d 174 (2013). Second Circuit Closes The Door For Victims Of International Rights Violations, Emily M. Nellermoe
South Carolina Journal of International Law and Business
No abstract provided.
The Dynamic Of The Institutionalization Of The Oecd Anti-Bribery Collaboration, Lianlian Liu
The Dynamic Of The Institutionalization Of The Oecd Anti-Bribery Collaboration, Lianlian Liu
South Carolina Journal of International Law and Business
Grasping the dynamic of the institutionalization process of the anti-bribery collaboration from the FCPA to the OECD Anti-Bribery Convention is critical for the next step of analyzing the actual performance of these laws. Previous works, grounded in realist ideology, often reduce the dynamic process to a question of states' free will and rational responses to expected payoffs in relative
legislative strategies. This realist approach offers only speculative and inaccurate explanations that cannot sustain an understanding of the operation of the anti-bribery collaboration at successive stages.Instead, this study employs a historical approach, stressing how decision makers were constrained by existing and …
Eleventh Circuit Invalidates Florida Law For Conflicting With Federal Law Towards Cuba: Odebrecht Const., Inc. V. Sec'y Fla. Dep't Of Transp., Michael G. Martinez
Eleventh Circuit Invalidates Florida Law For Conflicting With Federal Law Towards Cuba: Odebrecht Const., Inc. V. Sec'y Fla. Dep't Of Transp., Michael G. Martinez
South Carolina Journal of International Law and Business
No abstract provided.
Corruption And Catalan Independence, Ryan T. Judd
Corruption And Catalan Independence, Ryan T. Judd
South Carolina Journal of International Law and Business
No abstract provided.
Masthead
South Carolina Journal of International Law and Business
No abstract provided.
Table Of Contents
South Carolina Journal of International Law and Business
No abstract provided.
Masthead
South Carolina Journal of International Law and Business
No abstract provided.
Faculty And Special Thanks
South Carolina Journal of International Law and Business
No abstract provided.
Title Page
South Carolina Journal of International Law and Business
No abstract provided.
Title Page
South Carolina Journal of International Law and Business
No abstract provided.
A Critical Examination Of Capital, Slave Labor, And The Language Of Profit In The Market For Sugar Ethanol, Geiza Vargas-Vargas
A Critical Examination Of Capital, Slave Labor, And The Language Of Profit In The Market For Sugar Ethanol, Geiza Vargas-Vargas
South Carolina Journal of International Law and Business
No abstract provided.
Al Shimari V. Caci International, Inc.: The Application Of Extraterritorial Jurisdiction In The Wake Of Kiobel, Ellen Katuska
Al Shimari V. Caci International, Inc.: The Application Of Extraterritorial Jurisdiction In The Wake Of Kiobel, Ellen Katuska
South Carolina Journal of International Law and Business
No abstract provided.
A Bridge To The Practicing Bar Of Foreign Nations: Online American Legal Studies Programs As Forums For The Rule Of Law And As Pipelines To Bar-Qualifying L.L.M. Programs In The U.S., Jeffrey A. Van Detta
A Bridge To The Practicing Bar Of Foreign Nations: Online American Legal Studies Programs As Forums For The Rule Of Law And As Pipelines To Bar-Qualifying L.L.M. Programs In The U.S., Jeffrey A. Van Detta
South Carolina Journal of International Law and Business
No abstract provided.
The Sex Selection Debate: A Comparative Study Of Sex Selection Laws In The United States And The United Kingdom, Deidre C. Webb
The Sex Selection Debate: A Comparative Study Of Sex Selection Laws In The United States And The United Kingdom, Deidre C. Webb
South Carolina Journal of International Law and Business
No abstract provided.