Law Commons^™

Conceptualizing The Right Of Children To Adaptable Education, Shulamit Almog, Lotem Perry-Hazan

Dr. Lotem Perry-Hazan

The contention put forward here is that conceptualization of the right to adaptable education, derived from international human rights law, may be a key factor in interpreting and reviving the notion of multiculturalism in education. We will begin by analyzing three interrelated dimensions of the right to adaptable education: adaptability to the children's circles of cultural affiliations, adaptability to the children’s preferences, and adaptability to the changes of time. We will continue by describing the need to balance between the right to adaptable education and other features of the right to education - available education, accessible education and acceptable education …

Power, Pragmatism And Prisoner Abuse: Amnesty And Accountability In The United States, Louise Mallinder

Louise Mallinder

America’s commitment to human rights and the rule of law has long been an integral part of the nation’s self-image as an idealistic and inspirational society. It has been substantiated in the United States’ promotion of the rule of law around the world. However, as has been extensively scrutinized in recent years, the lackluster pursuit of accountability for the widespread abuses committed by American personnel during the so-called “War on Terror” illustrates a disjuncture within domestic and international discourse between the dual perceptions of the United States as a law-abiding nation, and America as a law-breaking state. This article seeks …

From Start To Finish: A Historical Review Of Nuclear Arms Control Treaties And Starting Over With The New Start, Lisa M. Schenck, Robert A. Youmans

Lisa M Schenck

This article provides a historical review of nuclear arms control agreements from 1925 to 2011, describing how these agreements helped diminish the nuclear arms threat and build up. As this article explains, nuclear arms control agreements can be segmented into distinct periods reflecting different approaches to the nuclear arms threat, with each stage addressing different focused objectives. As negotiations evolved throughout history, the United States and Soviet Union undertook a nuclear arms race, each striving to gain a military advantage over the other by building more and more nuclear weapons and the means to deliver them. Accordingly, a debate evolved …

Словарь-Справочник По Международному Праву, Leonid G. Berlyavskiy, Elena Shmatova

Leonid G. Berlyavskiy

The dictionary on International Law containing more hundred most widespread in science of International Law, the international law-making, diplomatic practice of terms is offered to attention of students. On a plan of authors, those terms are included in the dictionary, that formal determination meets in international legal acts, first of all. The International Law dictionary includes as actually a legal nomenclature, and the most widespread, sometimes included in texts of documents in the original, without transfer and a value explanation Latin words and the expressions widely used in the international law-making

Global Taxation Of Cross Border E-Commerce Income, Rifat Azam Dr.

Rifat Azam Dr.

Amazon sells tangibles, intangibles and services worldwide that totaled $34 Billion USD in 2010. At eBay.com more than 97 million active users globally meet to sell and buy online in total amount of $62 Billion USD in 2010. Global clicks at Google.com contributed substantially to its $10.5 Billion USD revenues in Q4 2011. In the year 2010 Americans spent around $173 billion USD shopping online. Global e-commerce turnover is expected to grow up to $963 Billion USD in 2013. These figures illustrate the importance of e-commerce in the global economy today and tomorrow. The taxation of e-commerce as well is …

Data Protection: Idealisms And Realisms, Rebecca Wong Dr

Dr Rebecca Wong

Following proposals to consider revising the Data Protection Directive 95/46/EC (DPD) in 2011, have the changes addressed the main areas of concern that have been the focus of much discussion? The areas of concern include the application of the Directive in the online age, particularly to social networking sites and cloud computing; the minimum/maximum standard approach by the EU Member States to data protection; the relevance and application of the data protection principles. These are some of the issues that were considered in the recent Art. 29 Working Party’s Opinion on the Future of Privacy. The article will use this …

The Case For A Global Treaty On Soil Conservation, Sustainable Farming, And The Preservation Of Agrarian Culture, Nicholas A. Fromherz

Nicholas A Fromherz

Soil is the foundation of life, yet we have all but ignored it in conservation efforts and legal reforms. Right under our noses, we are losing topsoil at rates that far outpace nature’s ability to keep up. Erosion, salinization, desertification, nutrient depletion, contamination—these and other threats have conspired to take away the land that feeds us. But they have done so largely at our own command. Like most environmental crises, human decisions have played a critical role in the degradation of Earth’s soils. To remedy this situation—or at least get the ball moving in that direction—I argue that we need …

Too Rough A Justice: The Ethiopia-Eritrea Claims Commission And Civil Liability For Claims For Rape Under International Law, Ryan S. Lincoln

Ryan S. Lincoln

The developments in international law prohibiting rape during armed conflict have grown at a rapid pace in recent decades. Whereas rape had long been considered an inevitable by-product of armed conflict, evolution in international humanitarian law (IHL) has relegated this conception mostly to the past. The work of international criminal tribunals has been at the forefront of this change, developing the specific elements of the international crime of rape, and helping to change the perception of rape in international law. Violations of IHL, however, also give rise to civil liability. Despite the advances with respect to rape made in the …

Regulation Not Prohibition: The Comparative Case Against The Insurable Interest Doctrine, Sharo Michael Atmeh

Sharo M Atmeh

American law requires an insurable interest—a pecuniary or affective stake in the subject of an insurance policy—as a predi-cate to properly obtaining insurance. In theory, the rule prevents both wagering on individual lives and moral hazard. In practice, the doctrine is avoided by complex insurance transaction structuring to effectuate both origination and transfers of insurance by individuals without an insurable interest. This paper argues that it is time to ab-andon the insurable interest doctrine. As both the English and Aus-tralian experiences indicate, elimination of the insurable interest doctrine will have little detrimental pecuniary effect on the insurance industry, while freeing …

Comments On Law And Versteeg’S The Declining Influence Of The United States Constitution, Tom Ginsburg, Zachary Elkins, James Melton

Tom Ginsburg

No abstract provided.

The Empirical Turn In International Legal Scholarship, Tom Ginsburg, Gregory Schaffer

Tom Ginsburg

No abstract provided.

The Uncertainty Of “True Sale” Analysis In Originator Bankruptcy, Stephen P. Hoffman

Stephen P. Hoffman

While much of law is complex or unclear, it is unusual for a judge to comment that a legal doctrine is so unsettled that courts “could flip a coin” to decide an issue. Unfortunately for practitioners, determining what constitutes a “true sale” for bankruptcy purposes is such an issue. Add to this the recent novel and innovative processes of structured finance and asset-backed securitization, and you have the stuff of law students’—and corporate counsels’—nightmares. As a result, courts and legislatures need to provide clarity in this area so that originators can safely structure investments and transactions, not only for the …

Editorial: Derecho Internacional Y Proceso De Paz En Colombia, Marco A. Velásquez-Ruiz

Marco A. Velásquez-Ruiz

No abstract provided.

Investment Treaty Breach As Internationally Proscribed Conduct: Shifting Scope, Evolving Objectives, Recalibrated Remedies?, Mavluda Sattorova

Mavluda Sattorova

This paper argues that the primacy of monetary relief for investment treaty breaches must be reconsidered in light of the historic shift in the protective scope and objectives of international investment agreements. Over the past few decades international rules on the protection of foreign investment have undergone considerable change, with the notion of property replaced by a broader rubric of investment, and the protection against expropriation supplemented by the arsenal of non-expropriatory standards of treatment, including the guarantees of fair and equitable treatment, non-discrimination, and sanctity of contract. Not only are core investment protection standards liable to a broad interpretation, …

Patents, Trademarks And Copyrights In Uruguay, Juan Lapenne

Juan Lapenne

No abstract provided.

Patentes De Reválida En El Uruguay, Juan Lapenne

Juan Lapenne

No abstract provided.

Protección Jurídica Del Software, Juan Lapenne

Juan Lapenne

No abstract provided.

Crimes Against Humanity - Understanding The Impact Of The Rome Statute Of The International Criminal Court, Cameron C. Russell

Cameron C Russell

There is a widespread view that the Rome Statute setting up the International Criminal Court was a leap forward for ending impunity for those guilty of violating international criminal law. The impact of the Rome Statute on the jurisprudential status of crimes against humanity, however, was not as revolutionary as is often thought. This article seeks to understand the legal imperfections and achievements of the Rome Statute in relation to crimes against humanity, so as to assess its impact more accurately, and highlight legal problems still facing the jurisprudence of crimes against humanity today. The article does this through a …

Of Orphans And Adoption, Parents And The Poor, Exploitation And Rescue: A Scriptural And Theological Critique Of The Evangelical Christian Adoption And Orphan Care Movement, David M. Smolin

David M. Smolin

The primary purpose of this essay is to demonstrate that the scriptural and theological analysis undergirding the evangelical adoption and orphan care movement is patently and seriously erroneous. Thus, this essay will demonstrate that, based on the standards, methods, and presuppositions broadly shared by evangelical Christians in analyzing scripture and theology, the evangelical adoption movement’s specific analysis of concepts such as “adoption” and “orphans” has been seriously deficient and has produced conclusions that are demonstrably false. The second purpose of this essay will be to indicate that these errors of scriptural and theological analysis have produced, and are producing, practices …

The Debate, David M. Smolin, Elizabeth Bartholet

David M. Smolin

This chapter is taken from a forthcoming book on Intercountry Adoption, edited by Judith L. Gibbons and Karen Smith Robati and forthcoming in June of 2012. The chapter constitutes a debate between Professor Elizabeth Bartholet and Professor David Smolin. Each independently was given three questions to answer, and then one opportunity to respond to the other's answers to those three questions, all with strict space limitations. The debate illustrates some of the starkly different perspectives regarding the law, policies, and facts relevant to intercountry adoption.

A New And Improved Energy Reality—It's No Pipedream, Daniel Hare

Daniel Hare

In this paper, I propose an original policy solution to the complicated issue of permitting and regulatory review for cross-border natural resource projects to allow for a smoother, quicker approval process for certain types of projects. I have specifically designed this new procedure so as to focus on political compromise and minimize political partisanship, while instead concentrating on achieving results. By modifying the current regulatory standard to a more streamlined model, deserving cross-border natural resource projects can swiftly gain approval, yet environmental, economic, foreign policy, national security, and other significant concerns will still receive the attention and thorough evaluation they …

Preventive Detention In The Law Of Armed Conflict: Throwing Away The Key?, Diane Webber

Diane Webber

More than ten years after 9/11, the “clear legal framework for handling alleged terrorists” promised by President Obama in 2009 is still undeveloped and “the country continues to hold suspects indefinitely, with no congressionally approved mechanism for regular judicial review.” Should terrorists be treated as criminals, involving traditional criminal law methods of detection, interrogation, arrest and trial? Or should they be treated as though they were involved in an armed conflict, which would involve detention and trial in accordance with a completely different set of rules and procedures? Neither model is a perfect fit to deal with twenty-first century terrorism. …

Review Of The Nuremberg Military Tribunals And The Origins Of International Criminal Law, Benjamin J. Keele

Benjamin J Keele

Reviews Jon Heller's The Nuremberg Military Tribunals and the Origins of International Criminal Law.

The Legacy Of Rux V. Republic Of Sudan And The Future Of The Judicial War On Terror, Chad G. Marzen

Chad G. Marzen

The Republic of Sudan’s material support of terrorism has contributed to the loss of innocent American lives. In 2007, a group of more than 50 surviving family members of 17 United States sailors killed in the October 12, 2000 U.S.S. Cole bombing obtained a $7,956,344 judgment against the Republic of Sudan for its material support of Al-Qaeda that enabled Al-Qaeda to carry out the attack. The award included damages for the sailors’ lost wages and earning potential pursuant to the Death on the High Seas Act, but not for emotional loss. The United States Congress responded by enacting the Justice …

Is An International Treaty Needed To Fight Corruption And The Narco-Insurgency In Mexico?, Stuart S. Yeh

Stuart S Yeh

Mexican government corruption prevents effective law enforcement against drug traffickers and the violence associated with drug trafficking. This article reviews the nature and scope of government corruption, including a first-hand account by a Mexican state police commander, then suggests how and why an international treaty establishing United Nation (UN) inspectors who are empowered to investigate corruption at all levels of government could be effective in deterring corruption and restoring the rule of law in the U.S.–Mexico border region. The article suggests that the Rome Statute provides a model for establishing this type of treaty and a precedent for all of …

A Call For Stricter Appellate Review Of Decisions On Forum Non Conveniens, Nicholas A. Fromherz

Nicholas A Fromherz

Forum non conveniens has been criticized as anachronistic and unfair. Critics say that it amounts to little more than economic protectionism, serving as a pretext for the dismissal of suits brought against domestic corporate defendants. Even if one does not view the doctrine as inherently flawed, it is undeniable that its application has been extremely uneven owing to the broad discretion exercised by district courts ruling on the issue. Troubling in any circumstances, the misapplication of forum non conveniens is all the more so because of the high stakes pertaining to the matter. When a case is dismissed on forum …

Can You Provide Evidence Of Insufficient Evidence? The Precautionary Principle At The Wto, Elisa Vecchione

Elisa Vecchione

This paper aims to demonstrate that the WTO jurisprudence on science-related trade disputes has become entangled with a specific vision of science that has prevented any possible application of the precautionary principle. This situation is due to reasons of both legal procedures specific to the WTO dispute settlement system and the substantive nature of precautionary measures. Indeed, their foundation on “insufficient scientific evidence” dramatically complicates the question of the probative value of science for the purpose of legal adjudication and creates a seemingly contradictory situation, of which the Panel on the EC-Biotech case confirmed to be a victim: that of …

Blatant Bribery Or Locally Lawful?: Is The Foreign Corrupt Practices Act’S “Local Laws” Defense Extinct?, Erik J. King

Erik J King

Under the Foreign Corrupt Practices Act (FCPA), it is an affirmative defense if the payments in question were lawful under the written laws of a foreign country. This defense has been largely overlooked by commentators and used sparingly in the court system. This Note examines the utility of this defense, and finds that although the concept underlying the defense remains somewhat alive in certain types of foreign laws that could conceivably excuse a foreign investor, the defense has lost all practical value. U.S. judicial interpretations, multilateral efforts against similar exceptions in other anti-bribery laws, and the subsuming effect of other …

Imperial Ignition: Ecological Debt, Greenhouse Development Rights And Climate Change, Jonathan Stribling

Jonathan Stribling

This paper argues for legal principles to remedy the harm done to those least responsible for yet most affected by climate change. It examines approaches to developing the concepts of ecological and climate debt in U.S. law. This paper argues for the importance of understanding ecological debt and particularly “climate debt” in order to sustainably remedy climate change. The paper also argues that the principles of capacity and responsibility, which are the basis of the Greenhouse Development Rights (GDR) framework, are critical to remedying climate debt and should be included in global climate negotiations and U.S. environmental law.

Why Comply? An Analysis Of Trends In Compliance With Judgments Of The International Court Of Justice Since Nicaragua., Heather L. Jones

Heather L Jones

Decisions of the International Court of Justice have been met with substantial compliance in the modern era. Direct, defiant noncompliance -- where a state deliberately and ceaselessly rejects a decision of the Court and refuses to implement its judgment -- has not occurred in any case. In cases where noncompliancy has been present, the noncompliant behavior has been only initial or slight.

Pressure from the international community and the presence of international organizations raise the reputation costs associated with noncompliance thereby minimizing the risk of disobedience with judgments. Defiant noncompliance occurs where a judgment is in discord with a state’s …