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Articles 1 - 29 of 29
Full-Text Articles in Law
Alteration Of The Contractual Equilibrium Under The Unidroit Principles, Amin Dawwas
Alteration Of The Contractual Equilibrium Under The Unidroit Principles, Amin Dawwas
Pace International Law Review Online Companion
This paper addresses the principles of hardship and specific performance as being unreasonably burdensome or expensive both in terms of their definitions and legal consequences. This paper argues that, in a situation of hardship, the debtor can choose to invoke either the rules of section 6.2 (hardship) or the defense to specific performance under Article 7.2.2-b of the UNIDROIT Principles of International Commercial Contracts (“UNIDROIT Principles”). Yet, while in a situation where performance of the contract becomes “unreasonably burdensome or expensive,” the debtor might only invoke the exception to specific performance under Article 7.2.2(b) of the UNIDROIT Principles.
China’S Arsenal Of Political Persecution - A Double-Edged Sword, Ralph Hua
China’S Arsenal Of Political Persecution - A Double-Edged Sword, Ralph Hua
Pace International Law Review Online Companion
No abstract provided.
Providing Legal Certainty In South America: Can Mercosur Help?, Camilo A. Rodriguez Yong
Providing Legal Certainty In South America: Can Mercosur Help?, Camilo A. Rodriguez Yong
Pace International Law Review Online Companion
The presence of legal certainty within a country’s legal system is a very relevant factor in the foreign investor’s decision to invest in a particular country. It is therefore necessary for countries to develop mechanisms for avoiding or reducing the uncertainty over the law in their legal systems. This article studies the Southern Common Market’s (“MERCOSUR”) structure and function with the purpose of assessing it as a mechanism to offer legal certainty to foreign investors in the region. The analysis is carried out by examining three basic elements of this regional integrationist experience: a) its body of law, b) its …
Iflas And Chapter 11: Classical Islamic Law And Modern Bankruptcy, Abed Awad, Robert E. Michael
Iflas And Chapter 11: Classical Islamic Law And Modern Bankruptcy, Abed Awad, Robert E. Michael
Elisabeth Haub School of Law Faculty Publications
There is no question that the orderly development of Islamic finance will require finding ways to amalgamate the classical Islamic law of bankruptcy with the needs of the modern Islamic finance industry. The unreasonable reliance on ever-expanding opportunities has disappeared along with the global credit markets. It is therefore inescapable that loss scenarios must be dealt with. That in turn means effective bankruptcy laws. We hope this article will help foster the effort.
South/North Exchange Of 2009 - Territorial Projections Of Law From The Left: Cities, Communities And Transnational Spaces. The Case Of Mexico In The Context Of The Global South, Miguel Rabago Dorbecker
South/North Exchange Of 2009 - Territorial Projections Of Law From The Left: Cities, Communities And Transnational Spaces. The Case Of Mexico In The Context Of The Global South, Miguel Rabago Dorbecker
Pace International Law Review Online Companion
No abstract provided.
South/North Exchange Of 2009 - The Challenges Of Climate Change Regulation For Governments On The Political Left: A Comparison Of Brazilian And United States Promises And Actions, Colin Crawford, Solange Teles Da Silva, Kevin Morris
South/North Exchange Of 2009 - The Challenges Of Climate Change Regulation For Governments On The Political Left: A Comparison Of Brazilian And United States Promises And Actions, Colin Crawford, Solange Teles Da Silva, Kevin Morris
Pace International Law Review Online Companion
No abstract provided.
South/North Exchange Of 2009 - The Constitutional Recognition Of Indigenous Peoples In Latin America, Gonzalo Aguilar, Sandra Lafosse, Hugo Rojas, Rebecca Steward
South/North Exchange Of 2009 - The Constitutional Recognition Of Indigenous Peoples In Latin America, Gonzalo Aguilar, Sandra Lafosse, Hugo Rojas, Rebecca Steward
Pace International Law Review Online Companion
No abstract provided.
The Icj And The Future Of Transboundary Harm Disputes: A Preliminary Analysis Of The Case Concerning Aerial Herbicide Spraying (Ecuador V. Colombia), Robert Esposito
The Icj And The Future Of Transboundary Harm Disputes: A Preliminary Analysis Of The Case Concerning Aerial Herbicide Spraying (Ecuador V. Colombia), Robert Esposito
Pace International Law Review Online Companion
No abstract provided.
Peace Parks For Mountain Forests: The Law And Policy Of Transforming Conflict To Stewardship, Elaine C. Hsiao
Peace Parks For Mountain Forests: The Law And Policy Of Transforming Conflict To Stewardship, Elaine C. Hsiao
Dissertations & Theses
Peace parks provide a land ethic that transcends borders and seeks to stabilize tensions between bordering States, honoring the unity of biosphere systems in its efforts to achieve peace, conservation and cooperation. In theory, peace parks recognize that humans and the biosphere are one and that natural resources, just as cultural resources, must be collaboratively protected. In the cases of inhabited border regions, peace park principles of holistic conservation, cooperation and peace require that local communities be incorporated into park management. I posit that this is all the more true for frontier communities in regions of conflict, weak governance or …
National Security Courts: A European Perspective, Mindia Vashakmadze
National Security Courts: A European Perspective, Mindia Vashakmadze
Pace International Law Review Online Companion
No abstract provided.
The Truth Behind Gitmo, Scott Horton
The Truth Behind Gitmo, Scott Horton
Pace International Law Review Online Companion
No abstract provided.
“The Slow Creep Of Complacency”: Ongoing Challenges For Democracies Seeking To Detain Terrorism Suspects, Maureen T. Duffy
“The Slow Creep Of Complacency”: Ongoing Challenges For Democracies Seeking To Detain Terrorism Suspects, Maureen T. Duffy
Pace International Law Review Online Companion
This article assesses shifting presumptions by three democracies -- the United States, Canada, and the United Kingdom – all of whom appear to have permanently adopted some alterations to their detention practices for certain terrorism-related cases since the attacks of September 11, 2001 (hereinafter “9/11”). A review of executive, legislative and judicial outcomes in these three countries often reveals an ongoing tension between the judiciary and the other branches of government, with the judiciary frequently citing to traditional constitutional principles to reassert the primacy of individual liberties and fair trial guarantees. In spite of such rulings, however, the advance towards …
Habeas Corpus In Times Of Emergency: A Historical And Comparative View, Brian Farrell
Habeas Corpus In Times Of Emergency: A Historical And Comparative View, Brian Farrell
Pace International Law Review Online Companion
No abstract provided.
The Ripple Effect: Guantanamo Bay In The United Kingdom's Courts, C.R.G. Murray
The Ripple Effect: Guantanamo Bay In The United Kingdom's Courts, C.R.G. Murray
Pace International Law Review Online Companion
The human rights abuses suffered by detainees held at Guantánamo Bay have dominated many of the cases before the United Kingdom’s courts. The Human Rights Act of 1998, still relatively new to the statute book, played a central role in the detainees’ arguments. The ultimate court decisions, however, often relegate such factors to the background of the case. This article examines why the deciding courts declined to develop the law of diplomatic protection on the basis of human rights concerns, and why such arguments continue to be employed by detainees. Furthermore, the article assesses why the English courts have shown …
Special Investigation Techniques, Data Processing And Privacy Protection In The Jurisprudence Of The European Court Of Human Rights, Toon Moonen
Pace International Law Review Online Companion
No abstract provided.
Islam & International Criminal Law: A Brief (In) Compatibility Study, Michael J. Kelly
Islam & International Criminal Law: A Brief (In) Compatibility Study, Michael J. Kelly
Pace International Law Review Online Companion
This paper explores why that incompatibility between Islam and international criminal law persists and considers recommendations for mitigating that dynamic. Why is this important? Primarily because the Western-influenced international criminal law apparatus and the Muslim world are likely to collide more often in the future. If a war crimes tribunal is established in Afghanistan, or if the trial of Syrian agents for the assassination of Lebanon’s former prime minister goes forward, it is imperative that Islamic societies touched by those processes feel a sense of “buy-in” or participation that is meaningful for them. Otherwise, it becomes the same old story …
Russian Federation's Law No. 87- Ф 3: Political Machination Or Procedural Reform?, Kirill Ershov
Russian Federation's Law No. 87- Ф 3: Political Machination Or Procedural Reform?, Kirill Ershov
Pace International Law Review Online Companion
Law 87- ф 3 was signed by Russian President Vladimir Putin six months prior to the December 2007 presidential election. Law 87- ф 3 rearranged the division of functions between the investigator and the procurator during the preliminary investigation. It also saw the creation of the investigative committee within the procuracy, which would have exclusive supervision of all investigations within that branch. Because of the Committee’s personal jurisdiction over investigations involving individuals with official immunity and agents of Russia’s power structures, both Russian media and Western academia saw the law as being politically motivated by the upcoming transfer of power. …
Fisa Amendments Act 2008: Protecting Americans By Monitoring International Communications--Is It Reasonable?, Jessica Loconte
Fisa Amendments Act 2008: Protecting Americans By Monitoring International Communications--Is It Reasonable?, Jessica Loconte
Pace International Law Review Online Companion
No abstract provided.
Climate Change Displacement To Refuge, Elizabeth Burleson
Climate Change Displacement To Refuge, Elizabeth Burleson
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
China’S Implementation Of The Un Sales Convention Through Arbitral Tribunals, Mark R. Shulman
China’S Implementation Of The Un Sales Convention Through Arbitral Tribunals, Mark R. Shulman
Elisabeth Haub School of Law Faculty Publications
Because of China’s enormous and fast-growing economy and its increasing role in shaping global governance, the evolving rule of law system in the People’s Republic poses some of the most critical challenges and opportunities for peace and prosperity in our era. This article examines a feature of the private law system which has developed over the past three decades alongside—arguably instead of—a reliable public order for resolution of international commercial disputes. It does so by focusing on the decisions issued by China’s pre-eminent arbitral association—the China International Economic and Trade Arbitration Commission (CIETAC) in Beijing. This article examines the role …
Review Of Defending Humanity: When Force Is Justified And Why By George P. Fletcher And Jens David Ohlin, Alexander K.A. Greenawalt
Review Of Defending Humanity: When Force Is Justified And Why By George P. Fletcher And Jens David Ohlin, Alexander K.A. Greenawalt
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Emerging Law Addressing Climate Change And Water, Elizabeth Burleson
Emerging Law Addressing Climate Change And Water, Elizabeth Burleson
Elisabeth Haub School of Law Faculty Publications
The World Economic Forum recognizes that while restrictions on energy affect water systems and vise versa, energy and water policy are rarely coordinated. The International Panel on Climate Change predicts that wet places will become wetter and dry places will become dryer. Transboundary water, energy and climate coordination can occur through international consensus building.
China In Context: Energy, Water, And Climate Cooperation, Elizabeth Burleson
China In Context: Energy, Water, And Climate Cooperation, Elizabeth Burleson
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Non-State Actor Access And Influence In International Legal And Policy Negotiations, Elizabeth Burleson
Non-State Actor Access And Influence In International Legal And Policy Negotiations, Elizabeth Burleson
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Rethinking International Women's Human Rights Through Eve Sedgwick, Darren Rosenblum
Rethinking International Women's Human Rights Through Eve Sedgwick, Darren Rosenblum
Elisabeth Haub School of Law Faculty Publications
Since the death of Eve Kosofsky Sedgwick, I have wanted to honor her memory, and this panel is the perfect venue. Sedgwick's foundational understandings of sexuality, gender, and identity set the stage for much of my work and that of those I admire. My own work looks at how the state regulates gender in the “public” sphere. I attempt to challenge the tensions and intersections among international and comparative notions of equality and identity. Group identity constructions vary across cultural lines and conflict with liberal notions of universalist constitutionalism and equality. My current work, Unsex CEDAW: What's Wrong with Women's …
Success Or Failure?, Richard L. Ottinger
Success Or Failure?, Richard L. Ottinger
Elisabeth Haub School of Law Faculty Publications
The Copenhagen Climate Conference and its Copenhagen Accord have generally been billed by the press as having been a failure. I think this is a very unfortunate mischaracterisation. The conference was a failure only in not achieving binding commitments to reduce global greenhouse gas (GHG) emission levels sufficiently to meet the requirements identified by the some 3,000 leading global scientists of the UN International Panel on Climate Change (IPCC) to avoid disastrous consequences – such as sea-level rise leading to massive migration, food disruption, water shortages, tropical disease migration, biodiversity destruction, etc. But the conference didn’t expect that this could …
Climate Change Consensus: Emerging International Law, Elizabeth Burleson
Climate Change Consensus: Emerging International Law, Elizabeth Burleson
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Reclaiming The Right To Food As A Normative Response To The Global Food Crisis, Smita Narula
Reclaiming The Right To Food As A Normative Response To The Global Food Crisis, Smita Narula
Elisabeth Haub School of Law Faculty Publications
In 2009, the number of hungry in the world crossed the one billion mark, a dubious milestone that has been attributed in large part to consecutive food and economic crises. Over ninety-eight percent of these individuals live in the developing world. Ironically, a great majority are involved in food production as small-scale independent food producers or agricultural laborers. These facts and figures signal a definitive blow to efforts to reduce global hunger and lift the world's poorest from abject and dehumanizing poverty. They also bring to light the deep imbalance of power in a fundamentally flawed food system. Responses to …
Non-State Actor Access And Influence In International Legal And Policy Negotiations, Elizabeth Burleson
Non-State Actor Access And Influence In International Legal And Policy Negotiations, Elizabeth Burleson
Elisabeth Haub School of Law Faculty Publications
This article analyzes the importance of increasing civil society actor access to and influence in international legal and policy negotiations, drawing from academic scholarship on governance, conservation and environmental sustainability, natural resource management, observations of civil society actors, and the authors’ experiences as participants in international environmental negotiations.
Transcript of panel discussion at McGill University, March 26, 2010. This piece is based on the article Elizabeth Burleson & Diana Pei Wu, Non-State Actor Access and Influence in International Legal and Policy Negotiations, 21 Fordham Envtl. L. Rev. 193 (2010).