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Articles 1201 - 1222 of 1222
Full-Text Articles in Law
Environmental Justice And International Environmental Law, Carmen G. Gonzalez
Environmental Justice And International Environmental Law, Carmen G. Gonzalez
Carmen G. Gonzalez
Environmental justice lies at the heart of many environmental disputes between the global North and the global South as well as grassroots environmental struggles within nations. However, the discourse of international environmental law is often ahistorical and technocratic. It neither educates the North about its inordinate contribution to global environmental problems nor provides an adequate response to the concerns of nations and communities disproportionately burdened by poverty and environmental degradation. This article examines some of the root causes of environmental injustice among and within nations from the colonial period to the present, and discusses several strategies that can be used …
Regional Trade Agreements And The Poverty Agenda, Chin Leng Lim
Regional Trade Agreements And The Poverty Agenda, Chin Leng Lim
Chin Leng Lim
Regional trade agreements (RTAs) comprise customs unions and free trade agreements (FTAs). The difference lies in the absence of a common customs border in the case of customs unions. Thus, countries A and B, which are FTA partners, will nonetheless impose different duties on third-country imports, while at the same time granting preferential treatment to each other. A major criticism is that all RTAs, customs unions and FTAs alike, discriminate against non-parties. In contrast, most favoured nation (MFN) treatment operates in the multilateral system to extend concessions made by any member of the World Trade Organization (WTO) to any other …
Private Rights For The Public Good?, J. Janewa Osei Tutu
Private Rights For The Public Good?, J. Janewa Osei Tutu
J. Janewa Osei-Tutu
The counterfeit medicines discussion is an example of how the use of a turbid rationale for greater intellectual property protections serves sophisticated private interests while potentially harming the public interest. The risk of harm created by counterfeit medicines provides a compelling counter-narrative to the access to medicines critique of intellectual property rights. Intellectual property advocates and the pharmaceutical industry have portrayed poor global enforcement of intellectual property rights as contributing to the proliferation of dangerous counterfeit medications. Yet, the deliberate linkage in the literature between weak intellectual property rights and the harms caused by counterfeit medicines provides a justification for …
Brazil's Adhesion To The Cisg Consequences For Trade In China And Latin America, Edgardo Muñoz
Brazil's Adhesion To The Cisg Consequences For Trade In China And Latin America, Edgardo Muñoz
Edgardo Muñoz
Given Brazil’s current international trade volumes, its adhesion to the United Nations Convention on Contracts for the International Sale of Goods of 1980 (CISG) will mean an important step towards the globalization of international sales law. In this atmosphere of expectancy, a couple of questions come up: Is a further step towards globalization in this something to be celebrated? What are the consequences of Brazil’s adhesion to the CISG for global and regional trade? Before answering these questions through this chapter, we would like to make an introductory comment on globalization and its relationship with the CISG
Impunity Writ Large: A Study Of Crimes Committed During Anti-Veerappan Operations, Saumya Uma
Impunity Writ Large: A Study Of Crimes Committed During Anti-Veerappan Operations, Saumya Uma
Dr. Saumya Uma
Integrating Victims' Rights In The Indian Legal Framework, Saumya Uma
Integrating Victims' Rights In The Indian Legal Framework, Saumya Uma
Dr. Saumya Uma
The Effects Of The Lubanga Case On Understanding And Preventing Child Soldiering, Mark A. Drumbl
The Effects Of The Lubanga Case On Understanding And Preventing Child Soldiering, Mark A. Drumbl
Mark A. Drumbl
On March 14, 2012, a trial chamber of the International Criminal Court (ICC) convicted Thomas Lubanga Dyilo, a rebel leader from the Democratic Republic of the Congo (DRC), for child-soldier-related crimes. Several months later, Lubanga was sentenced to a prison term of fourteen years. On August 7, 2012, an ICC trial chamber issued its decision regarding the principles and procedures to be applied to reparations in the Lubanga case. This Article unpacks the relationships between the Lubanga proceedings and how the international community conceptualizes, and strives to prevent, child soldiering. This Article argues that the Lubanga proceedings reinforce, and incubate, …
Enforcement Of Foreign Restraining Orders, Stefan D. Cassella
Enforcement Of Foreign Restraining Orders, Stefan D. Cassella
Stefan D Cassella
Legislation in the United States now permits the federal courts to register and enforce orders issued by foreign courts for the purpose of preserving assets that are subject to forfeiture under foreign law.
This article discusses the problems the United States encountered when it first attempted to enact and apply legisation designed to facilitate the enforcement of foreign asset-preservation orders, the remedial legislation enacted to address those problems, and the recent success the U.S. government has had under the new legislation in restraining assets at the request of foreign courts so that they may be forfeited under foreign law.
Democratizing Investment Laws: Ensuring Minimum Standards For Host States, Nida Mahmood
Democratizing Investment Laws: Ensuring Minimum Standards For Host States, Nida Mahmood
Nida Mahmood Ms
The ad hoc development of international investment law has resulted in catering to the needs of capital exporting states. However, owing to the weaker bargaining power of the then newly independent capital importing states, no comparable internationally recognized standards of minimum protection of national interests from foreign firms could be formulated, even though such firms today are known to have a profound impact on local economies because of the extensive protection and power they yield through lopsided BITs and other general customary standards of treatment of foreign investment. This paper is therefore an attempt to develop and advocate a new …
Trends In Global Lawyer Regulation, Laurel S. Terry
Trends In Global Lawyer Regulation, Laurel S. Terry
Laurel S. Terry
Creating An International Network Of Lawyer Regulators: The 2012 International Conference Of Legal Regulators, Laurel S. Terry
Creating An International Network Of Lawyer Regulators: The 2012 International Conference Of Legal Regulators, Laurel S. Terry
Laurel S. Terry
This short article provides an overview of the first-ever "International Conference of Legal Regulators," which was held in London in September 2012. It includes background information about the history of the London conference, identifies some of the London programs and attendees, and provides links to the website on which the London Conference materials are posted. The article also includes a brief discussion of the benefits that an international network might provide and explains that international networks are common in other regulated fields. Finally, this article provides information about the upcoming second International Conference of Legal Regulators, which will be held …
Transnational Legal Practice (International)[2010-2012], Laurel S. Terry
Transnational Legal Practice (International)[2010-2012], Laurel S. Terry
Laurel S. Terry
This article covers three years of Transnational Legal Practice developments outside of the US. (It is the companion piece to 47 Int'l Law. 499 (2013) which discusses US developments.) This article discusses the approval of an Alternative Business Structure licensing system by the UK Solicitors Regulation Authority and its subsequent issuance of ABS licenses. The second section reviews the emergence of the “Troika” as a new regulatory influence in Europe, citing as an example the joint ABA-CCBE letter to the IMF. (The Troika refers to the International Monetary Fund, the European Central Bank, and the European Commission.) The third section …
Transnational Legal Practice (United States) [2010-2012], Laurel S. Terry
Transnational Legal Practice (United States) [2010-2012], Laurel S. Terry
Laurel S. Terry
This article covers three years of Transnational Legal Practice developments in the U.S. (It is the companion article to 47 Int’l Lawyer 485 (2013) which discusses transnational legal practice developments outside of the U.S.) This article begins by briefly reviewing the uncertainty about the future of U.S. legal education and legal services. The next section discusses the proposals and changes that emanated from the ABA Commission on Ethics 20/20, which was tasked with evaluating what changes were needed in light of globalization and technology developments. The third section of this article discusses the Uniform Bar Exam and its implications for …
Oportunidades Para Las Empresas Dentro De La Omc, Rodolfo C. Rivas Rea Esq.
Oportunidades Para Las Empresas Dentro De La Omc, Rodolfo C. Rivas Rea Esq.
Rodolfo C. Rivas
The author provides a brief overview of the World Trade Organization (WTO), the International Monetary Fund (IMF) and the World Bank (WB) by explaining the context of their interrelationship. Afterwards, the author delves into a brief analysis of Mexico’s role in the International Trade arena and concludes by describing the paths through which the private sector can benefit from the WTO.///////////////////////////////////////////////////////////////////////////////////////El autor pone en contexto la interrelación entre la Organización Mundial del Comercio (OMC) el Banco Mundial (BM) y el Fondo Monetario Internacional (FMI). Posteriormente, el autor describe brevemente el rol de México dentro de las instituciones de Comercio Internacional …
Perspectives On Crimes Of Sexual Violence In International Law.Pdf, Susana L. Sacouto
Perspectives On Crimes Of Sexual Violence In International Law.Pdf, Susana L. Sacouto
Susana L. SáCouto
A Conversation With Jeffrey N. Shane, April 12, 2012, Brian F. Havel
A Conversation With Jeffrey N. Shane, April 12, 2012, Brian F. Havel
Brian Havel
The Crisis Of A Definition: Human Trafficking In Bulgarian Law, Vladislava Stoyanova
The Crisis Of A Definition: Human Trafficking In Bulgarian Law, Vladislava Stoyanova
Vladislava Stoyanova
This article develops two arguments. First, at a national level in Bulgaria, the human trafficking framework is inoperable for identifying abuses worthy of consideration. By comparing the Bulgarian criminal law definition of human trafficking with the international law definition, I argue that the national criminal law definition is overly inclusive. This state of the Bulgarian criminal law makes it difficult to undertake a realistic assessment of the problem. Second, I submit that because the focus in Bulgaria has been exclusively directed towards the crime of human trafficking, the fact that the abuses of slavery, servitude and forced labour as such …
Climate Engineering Research: A Precautionary Response To Climate Change?, Jesse Reynolds, Floor Fleurke
Climate Engineering Research: A Precautionary Response To Climate Change?, Jesse Reynolds, Floor Fleurke
Jesse Reynolds
Negotiating With ‘Bulimic Man’: The (F)Utility Of Engaging Iran, Amit Chhabra
Negotiating With ‘Bulimic Man’: The (F)Utility Of Engaging Iran, Amit Chhabra
Amit Chhabra
In the aftermath of the World Trade Center bombings of September 11, 2001 (“9/11”), the American psyche has been inordinately consumed with the notion of terror and global jihad against Western culture. Even before these dramatic events, though, our unique sense of humor has traditionally emboldened us to enjoy a good scare. When terror strikes in the real world, then, we are readily at attention. Increasingly since the advent of the television, this aspect of our collective psychology has been commoditized by Hollywood and politicized at election time. The fact that Halloween traditionally falls less than a week before Election …
Los Derechos Reproductivos En La Jurisprudencia De La Corte Interamericana De Derechos Humanos: Apuntes Sobre La Sentencia En El Caso Artavia Murillo Y Otros Contra Costa Rica., Beatriz Ramirez
Beatriz Ramirez
The Reach Regulation And The Tbt Agreement: The Role Of The Tbt Committee In Regulatory Processes, Lukasz A. Gruszczynski
The Reach Regulation And The Tbt Agreement: The Role Of The Tbt Committee In Regulatory Processes, Lukasz A. Gruszczynski
Lukasz A Gruszczynski
Standard Of Review Of Health And Environmental Regulations By Wto Panels, Lukasz A. Gruszczynski