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Articles 1 - 12 of 12

Full-Text Articles in Law

Iflas And Chapter 11: Classical Islamic Law And Modern Bankruptcy, Abed Awad, Robert E. Michael Oct 2010

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.


Climate Change Displacement To Refuge, Elizabeth Burleson Jan 2010

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 Jan 2010

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 Jan 2010

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 Jan 2010

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 Jan 2010

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 Jan 2010

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 Jan 2010

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 Jan 2010

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 Jan 2010

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 Jan 2010

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 Jan 2010

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).