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- And security; Alliance; Mediation; International Arbitration; Adjudication; ICJ; Collective defense; Unity; Cooperation; Militarization; UNCLOS; United Nations; (1)
- Argentina; Jujuy; Salinas Grandes; Indigenous peoples; Indigenous communities; lithium; white gold; lithium triangle; lithium-ion battery; electric vehicle; mining; mining company; mining contract; mining reform; mining regulation; land; resource; water; contamination; displacement; consultation; participation; self-determination; Indigenous and Tribal Peoples Convention; United Nations Declaration on the Rights of Indigenous Peoples; International Labor Organization; United Nations Special Rapporteur on the Rights of Indigenous Peoples; Committee of Experts; Francisco Calí Tzay (1)
- Cultural property; cultural property law; property; property law; alternative dispute resolution; dispute resolution; mediation; arbitration; Peru; Machu Picchu; Greece; Parthenon Marbles; Elgin Marbles; Lord Elgin; cultural objects; Hattusa Sphinx; Turkey; Lydian Hoard; UNESCO; UNIDROIT; Hague Convention; Hitler; Nazi-looted art; Nazi-spoliated art; Holocaust; Washington Conference on Holocaust-Era Assets; Washington Conference Principles on Nazi-Confiscated Art; Spoliation Advisory Panel; Holocaust (Return of Cultural Objects) Act; Holocaust Expropriated Art Recovery Act; moral pressure; power pressure; antiquities; imperialism; colonization (1)
- Foreign Investment; Australia; EB-5 Visas; Australia; Foreign Acquistions and Takeover Act 1975; Foreign Investment Review Board; Real estate; United States; Immigration Act of 1990; Targeted Employment Areas; Greencard; Regional Center Program; Australian Taxation Office; Tax; Limited liability corporations citizenship; China; Chinese investors; Immigrant Investor Program; U.S. Treasury Department (1)
- Just Compensation (1)
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- NATO; North Atlantic Treaty; Greece; Turkey; Dispute Resolution; Cyprus; Hydrocarbon deposits; Undersea mining rights; Continental shelf; Ukraine; Russia; War; Conflict; Stabilization (1)
- Nationalism; internationalism; cultural property; community-centric; governance; resource governance; heritage; economics; enforcement; international cultural property law; property; property law; community; John Merryman; UNESCO; John Dewey; Durant Drake; culture; artefacts; artifacts; Al Mahdi; ICTY; PSNR; Permanent Sovereignty over Natural Resources; FPIC (1)
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- Property; Property Claims; Cuba; Diplomacy; US-Cuba Relations; International Relations; National Treatment Nationalization; Expropriation; Foreign Investment; Raul Castro; Fidel Castro; Barack Obama; Ashby Proposal; Dispute Settlement; Remedy; Foreign Claims Settlement Commission; FCSC; Libertad Act; Helms-Burton Act; Creighton Report; Cuban Exile Community; United States Agency for International Development; USAID; Feinberg Proposal; Restitution; Trade Agreements; Policy; Valuation; Embargo; Bilateral Trade Agreements; Cuban Revolution (1)
- Republic of Turkey; Turkey; 1970 UNESCO Convention; UNESCO; cultural property; cultural heritage; heritage; culture; property; international cultural property; Stargazer; Hague Convention for the Protection of Cultural Property; Hague Convention; UNIDROIT Convention; Operational Guidelines; World Heritage Convention; artefacts; artifacts; Peru v. Johnson; museums; Cyprus; Republic of Turkey v. OKS Partners; The Republic of Turkey v. Metropolitan Museum of Art (1)
- South Africa; Land Reform; South African Constitution; Expropriation; US Takings Clause (1)
Articles 1 - 8 of 8
Full-Text Articles in Law
South Africa Land Reform: More Is Less, Elizabeth Stephani
South Africa Land Reform: More Is Less, Elizabeth Stephani
Brooklyn Journal of International Law
In 2019, South Africa's Parliament considered a bill to amend the Constitution and expropriate land taken from black South Africans during Apartheid. The bill did not pass, despite a general consensus in the country that land reform is needed (Part I). Thus, lawmakers are challenged by exactly how to achieve equitable land reform for South Africa. This paper looks to the language of the proposed amendment and offers improvements alongside accepted U.S. legal frameworks (Part II). By comparing Just Compensation under the Takings Clause of the United States Constitution and South Africa's proposed expropriation amendment, this paper advocates for clear …
Nato Allies On The Brink Of War: The Cause For Implement-Ing A Dispute Resolution Mechanism Within The North Atlantic Treaty, Samantha Solomotis
Nato Allies On The Brink Of War: The Cause For Implement-Ing A Dispute Resolution Mechanism Within The North Atlantic Treaty, Samantha Solomotis
Brooklyn Journal of International Law
NATO is the largest peacekeeping military alliance in the world and is not yet done growing. Recent events in Ukraine have reinforced the importance of NATO as a defensive alliance. New threats, both internal and external, are emerging. Intra-alliance conflicts over ideological agreements, border disputes, and member contributions put the fate of the organization at risk. To retain its strength as it grows, NATO must develop stronger cohesion between member states to ensure effectiveness and prevent dissolution. This Note uses the recently reignited conflict between Greece and Turkey—NATO members and belligerent neighbors—to demonstrate the pressing need and peacekeeping utility of …
Electric Vehicles At The Expense Of Communities: Lithium Mining And The Deprivation Of Argentinian Indigenous Peoples’ Rights, Christopher Orjuela
Electric Vehicles At The Expense Of Communities: Lithium Mining And The Deprivation Of Argentinian Indigenous Peoples’ Rights, Christopher Orjuela
Brooklyn Journal of International Law
Lithium has become a valuable commodity and resource globally. The metal’s power generating and storing qualities have directly contributed to the development of the lithium-ion battery, which is primarily used in electric vehicles. As the demand for electric vehicles continuously grows, electric vehicle manufacturers require substantially larger quantities of lithium to ensure their supply meets demand. Thus, manufacturers rely on lithium mining companies to establish mining operations in lithium dense areas and extract tremendous amounts of the element. One country where an abundance of lithium can be found is Argentina. Known as one of the countries comprising the “lithium triangle,” …
The Case For An International Solution To The Restitution Of Cultural Property: Morality, Legality And Righting Western Wrongs, Ariana Catarisano
The Case For An International Solution To The Restitution Of Cultural Property: Morality, Legality And Righting Western Wrongs, Ariana Catarisano
Brooklyn Journal of International Law
In 2020, the conversation surrounding the return of cultural property acquired during the colonial era was given new life after the world watched as Black Lives Matter activists exposed systemic racial injustice in the United States. Thousands of objects currently sit in western museums under the guise of sharing these cultures and civilizations with the world, but this brings little comfort to communities suffering the genocidal consequences of colonialism. As formerly colonized nations battle the western world for the return of their cultural property, success is often dictated by a combination of power, money, and the ability to turn the …
A Third Way Of Thinking About Cultural Property, Lucas Lixinski
A Third Way Of Thinking About Cultural Property, Lucas Lixinski
Brooklyn Journal of International Law
The article argues that the dichotomy between nationalism and internationalism with respect to cultural property, while formative, has outlived its utility, and in many respects compromised the viability of the public good it aims to safeguard. Focused on the example of cultural property in international law, this article argues for more community-centric forms of governance, beyond the interests of states and an undefined “international.” It extrapolates the lessons from cultural property to other forms of resource governance in international law.
“Why Did Constantinople Get The Works? That’S Nobody’S Business But The Turks.” A New Approach To Cultural Property Claims And Geographic Renaming Under The 1970 Unesco Convention, Kasey Theresa Mahoney
“Why Did Constantinople Get The Works? That’S Nobody’S Business But The Turks.” A New Approach To Cultural Property Claims And Geographic Renaming Under The 1970 Unesco Convention, Kasey Theresa Mahoney
Brooklyn Journal of International Law
The landscape of cultural property and cultural heritage discourse is continually evolving, and the traditional means of regulating disputes must not only be adapted to the current climate but proactively address foreseeable future concerns. This Note explores the Republic of Turkey’s increasing litigiousness with regard to its reparation claims and, further, considers the notion of culture as geographic boundaries transform over the course of time. This Note will analyze the leading international cultural property treaty, the 1970 UNESCO Convention, and recommend UNESCO adopt two mandates to curb the chilling effect current litigation has had on the preservation and dissemination of …
Charting A New Course In Cuba? Why The Time Is Now To Settle Outstanding American Property Claims, Marco Antonio Dueñas
Charting A New Course In Cuba? Why The Time Is Now To Settle Outstanding American Property Claims, Marco Antonio Dueñas
Brooklyn Journal of International Law
The recent warming of relations between the United States and Cuba offered generations of Cubans; Americans; and Cuban Americans renewed hope for normalized relations. One obstacle—satisfactory resolution of property claims—stands in the way; which dates back to the Cuban government’s nationalization of all U.S. assets on the island. The Cuban Liberty and Democratic Solidarity Act of 1996 (the “Helms-Burton Act”) predicates resolution of these decades-old property claims by the Cuban government as an essential condition for the full resumption of economic and diplomatic relations between the two neighbors. Separated by only ninety miles of Caribbean Sea; but more than a …
Looking To Australia To Overhaul U.S. Foreign Investment In Real Estate, Stephanie L. Kahn
Looking To Australia To Overhaul U.S. Foreign Investment In Real Estate, Stephanie L. Kahn
Brooklyn Journal of International Law
This Note examines the controversy of the EB-5 Immigrant Investor Visa, which was created under the 1990 U.S. Immigration Act. The EB-5 Immigrant Investor Visa was meant to encourage foreign investment in U.S. real estate. Under the EB-5 immigrant visa program, an investor can obtain U.S. permanent residency through the EB-5 category, if the investor fulfills either of the two requirements. After an applicant proves they have met the requirements, the holder of the visa and their immediate family members can begin their paths to citizenship, first through the Greencard program. While created with good intent, the EB-5 visa program …