Law Commons^™

Reach Revisited: A Framework For Evaluating Whether A Non-Tariff Measure Has Matured Into An Actionable Non-Tariff Barrier To Trade, Lawrence A, Kogan

American University International Law Review

No abstract provided.

Session Five: Expert Panel On Fighting Impunity Remarks Of Professor Diane F. Orentlicher, Diane Orentlicher

Articles in Law Reviews & Other Academic Journals

As the field of transitional justice has matured, we have a better appreciation of the fact that both the capacity and will of societies to address violations of the past may evolve signifiicantly, and in unforeseen ways, over time—sometimes over a long, long period. (One speaker this morning described how he was unable to come to terms with his own torture for 11 years— and then, pursuing justice became critical.) Thus, for example, prosecutions for past violations may not occur in the immediate aftermath of a transition from repression to democratic gover¬ nance; often they take place after the passage …

The Lurking Costs Of Green Technology Metals In A Global Market, Winfield J. Wilson

Sustainable Development Law & Policy

No abstract provided.

The Reform Of The Governance Of The Ifis: A Critical Assessment, Daniel Bradlow

Contributions to Books

The thesis of this chapter is that, despite all the governance changes that the IFIs have undergone, they still do not have adequate governance arrangements and will need to undergo further reform if they are to perform their mandates effectively. In order to establish this thesis, this chapter is divided into four parts. First, it describes the reforms the IFIs have agreed to and have implemented. Second, it sets out some benchmarks against which these governance reforms can be measured. Third, it assesses the adequacy of the reforms undertaken based on the benchmarks identified in the second section. The final …

The U.S. Proposal For An Intellectual Property Chapter In The Trans-Pacific Partnership Agreement, Sean Flynn, Brook Baker, Margot Kaminski, Jimmy Koo

Articles in Law Reviews & Other Academic Journals

This article takes advantage of the breach in the Trans-Pacific Partnership negotiation’s secrecy to contribute to a new and growing collection of published scholarship on leaked proposals for international intellectual property agreements as they are being negotiated. We begin with the general provisions of the agreement, which define its relationship to the multilateral system. We then progress to analysis of some of the most important copyright, patent and data protection, and enforcement sections of the proposal, before providing some concluding observations. Our ultimate conclusion is that the U.S. proposal, if adopted, would upset the current international framework balancing the interests …

Piercing The Confucian Veil: Lenagan's Implications For East Asia And Human Rights, Joy L. Chia

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Salient Issues In Arbitration In China Center, Jingzhou Tao

American University International Law Review

No abstract provided.

Judicial Developments In The Application Of International Law To Domestic Violence, Benedetta Faedi Duramy

American University Journal of Gender, Social Policy & the Law

No abstract provided.

Traditions Of Belligerent Recognition: The Libyan Intervention In Historical And Theoretical Context, Sam Foster Halabi

American University International Law Review

No abstract provided.

Ignoring Human Rights For Homosexuals: Gross Violations Of International Obligations In Cameroon, Erica Nordberg

American University International Law Review

No abstract provided.

Good Faith In International Arbitration, Bernardo M. Cremades

American University International Law Review

No abstract provided.

The Spectrum For Child Justice In The International Human Rights Framework: From Reclaiming The Delinquent Child To Restorative Justice, Violet Odala

American University International Law Review

No abstract provided.

The Extraterritorial Obligation To Prevent The Use Of Child Soldiers, Tracey B. C. Begley

American University International Law Review

No abstract provided.

Preventing Mass Atrocity Crimes: The Responsibility To Protect And The Syria Crisis, Paul Williams, J. Trevor Ulbrick, Jonathan Worboys

Articles in Law Reviews & Other Academic Journals

The Responsibility to Protect (R2P) is a complicated and "emerging norm"' of international law that seeks to provide a means for the international community to prevent mass atrocity crimes occurring within the boundaries of a sovereign state.' Since its emergence in 2001, in the wake of humanitarian tragedies in Bosnia, Rwanda, Kosovo, and Darfur, R2P has been hailed as a way of resolving what one commentator called the "problem from hell."3 Under R2P, however, the use of force is reserved for actions within the UN Charter's Chapter VII framework. As the Syria crisis has demonstrated, this position continues to hinder …

Military Intervention And Diplomatic Engagement In Libya: A Collage Of Policy, Force And Law, Paul Williams, Anna Triponel

Articles in Law Reviews & Other Academic Journals

The case of Libya demonstrates the extent to which the law plays a role in enabling, shaping and constraining complex military and diplomatic operations. The law underpinned a number of decisions made at the policy level regarding military and diplomatic engagement. Although prior military operations can provide guidance for decision-making in future military operations, the application of the law to each case will be unique. The Libyan case study provides an example of how the law and politics intertwined to achieve the U.S. government’s objectives of protecting the Libyan people against violent attacks by their leader.

This chapter examines the …

Strategizing For Compliance: The Evolution Of A Compliance Phase Of Inter-American Court Litigation And The Strategic Imperative For Victims' Representatives., David C. Baluarte

American University International Law Review

No abstract provided.