Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (5)
- Social and Behavioral Sciences (4)
- Human Rights Law (3)
- Arts and Humanities (1)
- Comparative and Foreign Law (1)
-
- Environmental Law (1)
- Indigenous, Indian, and Aboriginal Law (1)
- Intellectual Property Law (1)
- International and Area Studies (1)
- Law and Economics (1)
- Medicine and Health Sciences (1)
- Mental and Social Health (1)
- Other Social and Behavioral Sciences (1)
- Political Science (1)
- Property Law and Real Estate (1)
- Public Affairs, Public Policy and Public Administration (1)
- Sociology (1)
- Tax Law (1)
- Taxation-Transnational (1)
- Publication
-
- Shashi Sharma (4)
- Ali A Ibrahim (3)
- Christiana Ochoa (3)
- Alexandra R. Harrington (2)
- Benjamin E. Brockman-Hawe (2)
-
- Christopher Brummer (2)
- Fernando Christian Iaione (2)
- Joseph Silvia (2)
- Lynne D Shelton (2)
- Mohamed R. Hassanien Dr. (2)
- Sandeep S. Sood, J.D. (2)
- Aaron N Einhorn (1)
- Aaron Schwabach (1)
- Alec D Walen (1)
- Andrew R Klein (1)
- Ani E Ajemian (1)
- Anna Conley (1)
- Antonin I. Pribetic (1)
- Arthur M. Ortegon (1)
- Bradley N. Lewis (1)
- Brian Cimbolic (1)
- Caleb W Christopher (1)
- Carlton Waterhouse (1)
- Charles E. McLure Jr. (1)
- D. A. Jeremy Telman (1)
- Daniel S Meyers (1)
- David L. Wallace (1)
- David M Ginn (1)
- David M. Smolin (1)
- David S. Jonas (1)
Articles 91 - 115 of 115
Full-Text Articles in Law
The Ties That Bind? Regionalism, Commercial Treaties And The Future Of Global Economic Integration, Christopher Brummer
The Ties That Bind? Regionalism, Commercial Treaties And The Future Of Global Economic Integration, Christopher Brummer
Christopher Brummer
This article provides an in-depth analysis of the at times problematic interplay of regional and bilateral treaties regulating international economic law. Though academics have long debated whether regional and bilateral instruments threaten the hegemony of the multilateral trading system, no attention has been paid to equally far-reaching tensions arising between regional and bilateral agreements themselves. Scholars have instead almost universally treated bilateral and regional commercial agreements as functionally indistinguishable. This article draws on recent empirical evidence to show that bilateral commercial comprise a distinct and important mode of cooperation at times inconsistent with the aims of some regional organizations and …
Investor-States Disputes In Latin America, Omar E. Garcia-Bolivar
Investor-States Disputes In Latin America, Omar E. Garcia-Bolivar
Omar E Garcia-Bolivar
This article presents a judgement on the use of international investment disputes in Latin America.
Email Service On Foreign Defendants: Time For An International Approach?, Anna Conley, David Stewart
Email Service On Foreign Defendants: Time For An International Approach?, Anna Conley, David Stewart
Anna Conley
No abstract provided.
The Comprehensive Nuclear Test Ban Treaty: Current Legal Status In The United States And The Implications Of A Nuclear Test Explosion, David S. Jonas
The Comprehensive Nuclear Test Ban Treaty: Current Legal Status In The United States And The Implications Of A Nuclear Test Explosion, David S. Jonas
David S. Jonas
No abstract provided.
Using Internet 'Borders' To Coerce Or Punish, Benjamin E. Brockman-Hawe
Using Internet 'Borders' To Coerce Or Punish, Benjamin E. Brockman-Hawe
Benjamin E. Brockman-Hawe
The prevailing ideology of the 1990’s reflected widespread dissatisfaction with the inadequacy and negative humanitarian consequences of broad multilateral economic sanctions.3 This in turn provoked a search on the part of NGO’s, states, UN agencies and academic institutions for an alternative sanctions approach that would remove the significant burden traditional economic sanctions placed on vulnerable segments of society while accomplishing the objectives for which they were imposed. The result of these cooperative efforts - the conceptualization and implementation of “smart” sanctions over the next decade - reformed the multilateral sanctions regime in fundamental ways. The agencies and procedures collectively instituted …
The Seas They Are A Changin': Natural Law & Local Custom As Marine Enforcement Strategies For Pacific Island Nations, Caleb W. Christopher
The Seas They Are A Changin': Natural Law & Local Custom As Marine Enforcement Strategies For Pacific Island Nations, Caleb W. Christopher
Caleb W Christopher
Composing the world’s largest uninterrupted continual marine habitat, the biodiversity within the control of Pacific island nations is an unquestioned scientific treasure. The species and natural resources have long served as a central focus for the diverse collection of traditional island cultures, which have continued traditional fishing practices for centuries. Imposed across this rich relationship are both international law (allegedly dictating the terms of who catches what), and the short end of the global economy, in which geography and global governance conspire to leave islanders with stagnant economic growth and dwindling natural resources. While international law has, in theory, provided …
The Good, The Bad, And The Ugly When Purchasing Real Property In México, Jacky Ann Schon
The Good, The Bad, And The Ugly When Purchasing Real Property In México, Jacky Ann Schon
Jacky Ann Schon
This article explores the advantages and difficulties U.S. citizens face when purchasing real property in the prohibited zones (border and shores) in the Mexican nation. First, this article explains that with the increase in retirees and decrease in available retirement options, looking outside of the country might be a viable option many baby boomers will explore. Therefore, Part I explores the retirees’ projected income and expenses and suggests Baja California as an affordable alternative for retirement. Part II explains the intricacies involved in purchasing real property as a Mexican foreigner in México’s coastal zones. It also explains that even though …
Efficient And Inefficient Debt Restructuring: A Comparative Analysis On Voting Rules In Workouts, Hyun Chul Lee
Efficient And Inefficient Debt Restructuring: A Comparative Analysis On Voting Rules In Workouts, Hyun Chul Lee
Hyun-Chul Lee
Two jurisdictions, Korea and America, have contrasting legal rules governing voting in workouts: Voting Mandating Rule and Voting Prohibition Rule. Voting in a bond workout has long been prohibited in the Trust Indenture Act of the United States. In stark contrast, Korea enacted a unique statute that mandated a voting scheme in workout in an effort to resolve corporate insolvencies crisis and incompetent bankruptcy institutions. Voting facilitates the completion of workouts, but it gives majority creditors an opportunity to disproportionately benefit from workouts. I explore the contrariness of the two seemingly unrelated statutes, and bring their respective implications for efficiency …
Space Program And Business In India, Shashi Sharma
Space Program And Business In India, Shashi Sharma
Shashi Sharma
No abstract provided.
The Iraqi High Court; A Retrospective And Prospective View, Benjamin E. Brockman-Hawe
The Iraqi High Court; A Retrospective And Prospective View, Benjamin E. Brockman-Hawe
Benjamin E. Brockman-Hawe
Over the course of its existence, the chief transitional justice mechanism in Iraq – the Iraqi High Court - has attracted an admirably sized assemblage of detractors, naysayers and critics. When examined in light of the normative values widely agreed to underly 21st century notions of transitional justice however, the necessity for the IHC as opposed to an alternative transitional mechanism becomes apparent. Various financial, logistical, idealogical and political barriers precluded reliance on an ad-hoc Tribunal, hybrid court, or trial of Saddam and his regime by the ICC; in this environment, the formation of the IHC represented a useful and …
Germs On A Plane!: Legal Protections Afforded To International Air Travelers And Governments In The Event Of A Suspected Or Actual Contagious Passenger And Proposals To Strengthen Them., Alexandra R. Harrington
Germs On A Plane!: Legal Protections Afforded To International Air Travelers And Governments In The Event Of A Suspected Or Actual Contagious Passenger And Proposals To Strengthen Them., Alexandra R. Harrington
Alexandra R. Harrington
Abstract: Germs on a Plane!: Legal Protections Afforded to International Air Travelers and Governments in the Event of a Suspected or Actual Contagious Passenger and Proposals to Strengthen Them. In August, 2006, American moviegoers watched as passengers on an airplane were terrified by poisonous snakes in the movie “Snakes on a Plane.” In May, 2007, news watchers across the globe were riveted by the true story of an Atlanta lawyer who flew from the United States to several destinations in Europe for his wedding and honeymoon although he was carrying a drug-resistant strain of tuberculosis. The latter event was met …
“To Boldly Go Where No One Has (Arbitrated) Before”:The Star Trek Mythos As An Heuristic Paradigm For Jurisdictional And Arbitration Issues, Antonin I. Pribetic
“To Boldly Go Where No One Has (Arbitrated) Before”:The Star Trek Mythos As An Heuristic Paradigm For Jurisdictional And Arbitration Issues, Antonin I. Pribetic
Antonin I. Pribetic
While the topic of international arbitration has failed to capture the interest of Hollywood producers or television audiences, the science fiction genre yields a serendipitous result. Using an excerpt from a Star Trek: The Next Generation episode, this brief comment analyzes the impact of law and popular culture on the issues of the rule of law, jurisdiction and international (more accurately, "intergalactic") comity within the context of bilateral and multilateral treaty obligations.
E-Commerce Taxation And Cyberspace Law: The Integrative Adaptation Model, Rifat Azam Dr.
E-Commerce Taxation And Cyberspace Law: The Integrative Adaptation Model, Rifat Azam Dr.
Rifat Azam Dr.
This article argues that the current debate on international taxation of e-commerce is totally tax oriented and ignores cyberspace law and that this separation is unjustified and harmful to the development of e-commerce taxation law. Mutual intellectual feeding and integrative debate that is open and interesting to the general legal scholarly community is necessary to improve ecommerce law. To begin a debate on e-commerce taxation as part of cyberspace law, the author describes and incorporates for the first time the primary cyberspace literature into the e-commerce taxation debate. The author draws lessons from judicial jurisdiction in cyberspace, criminal law in …
The Right To Strike In A Democratic Society: The Case Of Nigeria, O. V. C. Okene
The Right To Strike In A Democratic Society: The Case Of Nigeria, O. V. C. Okene
Dr. O. V. C. OKene
No abstract provided.
Odious Debt, Odious Credit, Economic Development And Democratization, Tom Ginsburg, Thomas Ulen
Odious Debt, Odious Credit, Economic Development And Democratization, Tom Ginsburg, Thomas Ulen
Tom Ginsburg
Much attention has been paid to the problem of odious debt, but we introduce the problem of the odious creditor, suggesting that more focus be put on those who support regimes committing severe human rights abuses. We also propose a potential solution that will offer marginal incentives to decrease loans to such regimes.
“Orphans” Or Veterans?: Justice For Children Born Of War In East Timor, Susan Harris Rimmer
“Orphans” Or Veterans?: Justice For Children Born Of War In East Timor, Susan Harris Rimmer
Susan Harris Rimmer
All over East Timor, one can find “orphans” whose parents still live, and “wives” who have never been married. These labels mask an open secret in Timorese society—hundreds of children were born of rape during the Indonesian occupation from 1974 to 1999. As a result of the United Nations Population Fund’s 2004 census, data is finally available on the current population of East Timor. This has unexpectedly revealed a baby boom, perhaps in response to the emotional losses of the occupation. The fertility rate was found to be one of the highest in the world, at 6.1 babies per woman.1 …
Article 106 Of The United Nations Charter, Theodore M. Cooperstein
Article 106 Of The United Nations Charter, Theodore M. Cooperstein
Theodore M Cooperstein
Article 106 of the United Nations Charter began as an interim measure, designed to ensure that the Allies might continue to fight the Second World War and secure the post-war peace during the time that it took to make the new Organization fully operational. Althought the Organization never quite came into operation as expected, and Article 106 thereby remains in effect, the United Nations has not yet called upon Article 106 to justify any measure. Article 106's disappearance today would make little to no difference to the current arrangement. Its continued presence and valdity, however, does hold the potential of …
Immigration Law Spanish-Style: A Study Of The Regularización Of Undocumented Workers In Spain, Maria P. Lopez
Immigration Law Spanish-Style: A Study Of The Regularización Of Undocumented Workers In Spain, Maria P. Lopez
Maria Pabon Lopez
In 2005, Spain undertook what the New York Times called “an immigration experiment worth observing.” What this country did was called a regularización, a process of legalization of irregular immigrants. This process granted immigration amnesty to undocumented workers in the country who could meet certain statutory requirements. This is the legal process is studied in detail in this article. After discussing the background and history of Spain regarding labor immigration, Professor López analyzes the situation regarding undocumented workers in Spain, the hardships faced by immigrants coming in and the problems created for Spain by the immigrants’ arrivals. She then examines …
Money Laundering Amidst Mortars: Legislative Process And State Authority In Post-Invasion Iraq, Haider Ala Hamoudi
Money Laundering Amidst Mortars: Legislative Process And State Authority In Post-Invasion Iraq, Haider Ala Hamoudi
Haider Ala Hamoudi
No abstract provided.
Reconciling Individual And Group Justice With The Need For Repose In Nazi-Looted Art Disputes: Creation Of An International Tribunal, Jennifer Kreder
Reconciling Individual And Group Justice With The Need For Repose In Nazi-Looted Art Disputes: Creation Of An International Tribunal, Jennifer Kreder
Jennifer Kreder
The recent push for Holocaust reparations, which resulted in European, domestic and international funds, left a significant gap pertaining to Nazi-looted art. Claims to Nazi-looted art are exploding, creating a tremendous problem for the art market. This Article concludes that the best remedy for the problem is the creation of an international tribunal with compulsory jurisdiction to resolve claims to Nazi-looted art in a manner akin to an equitable hybrid of mediation and binding arbitration. The Tribunal would provide justice to both individual claimants with strong claims and other claimants who probably could not win in court but are nonetheless …
Access To Justice In The World Trade Organization: A Case For A Small Claims Procedure?, Gregory C. Shaffer, Hakan Nordstrom
Access To Justice In The World Trade Organization: A Case For A Small Claims Procedure?, Gregory C. Shaffer, Hakan Nordstrom
Gregory C Shaffer
No abstract provided.
Intercountry Adoption And Poverty: A Human Rights Analysis, David M. Smolin
Intercountry Adoption And Poverty: A Human Rights Analysis, David M. Smolin
David M. Smolin
This Article explores the question of whether intercountry adoption is an effective, appropriate, or ethical response to poverty in developing nations. As a matter of methodology, this fundamental question of adoption ethics is explored through the lens of international human rights law. This Article specifically argues that, where the birth parents live under or near the international poverty standard of $1 per day, family preservation assistance must be provided or offered as a condition precedent for accepting a relinquishment that would make the child eligible for intercountry adoption.
Tribal, State, And Federal Cooperation To Achieve Good Governance, Prof. Elizabeth Burleson
Tribal, State, And Federal Cooperation To Achieve Good Governance, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
Jurisdictional uncertainty affects tribal sovereignty and public safety. Management of natural resources remains one of the few realms of authority over which tribes have retained control. Ancient wild rice harvesting by the Chippewa provides a context in which to consider a tribes ability to set water standards, as does Pueblo ceremonial use of the Rio Grande River. Cooperative tribal, state, federal, and international responses to the Methamphetamine crisis can address both environmental and human health. This study examines the prospect for integrated protection of health and habitat based upon comity and cooperation. It examines the parameters of homeland security and …
What’S The Value Of A Billboard? Billboards, Takings, Eminent Domain, And The Environment, Simon P. Serrano
What’S The Value Of A Billboard? Billboards, Takings, Eminent Domain, And The Environment, Simon P. Serrano
Simon P Serrano
What’s the Value of a Billboard? Billboards, Takings, Eminent Domain, and the Environment is an essay which treats the issue of land use and its relation to billboards. The essay discusses the history of this issue, beginning with decisions rendered within territories of the US in the early 20th century. Other central issues include the right to use the land to advertise, as countered by the value of the advertisement arriving from the use of public thoroughfares, takings issues, easements, and many more. The issues juxtapose the rights of the owner of the billboard to the right of privacy for …
Alone And Ignored: Unaccompanied Alien Children Seeking Asylum In The United States, Canada And Australia, Ani E. Ajemian
Alone And Ignored: Unaccompanied Alien Children Seeking Asylum In The United States, Canada And Australia, Ani E. Ajemian
Ani E Ajemian
The United States, Canada and Australia have enacted asylum legislation comporting with the 1951 Convention Relating to the Status of Refugees and 1967 Protocol Relating to the Status of Refugees. Each of these three countries has also signed onto the United Nations Convention on the Rights of the Child, although only Canada has completed ratification. The asylum legislation in place applies equally to child applicants, yet under a standard meant for adults. This misapplication requires children to articulate their claim as intelligently as an adult, seek their own counsel, and often be detained with adults and sometimes criminals in the …