Law Commons^™

Jurisdiction In Nineteenth Century International Law And Its Meaning In The Citizenship Clause Of The Fourteenth Amendment, Robert E. Mensel

Saint Louis University Public Law Review

This article addresses the meaning of the citizenship clauses of the Civil Rights Act of 1866 and the Fourteenth Amendment by augmenting the historical record relevant to those clauses. It argues that the key to understanding their meaning lies in the nineteenth century concept of allegiance, the central concept in the international law of citizenship and subjecthood in the nineteenth century. International law, diplomatic history, and international conflict centered around that concept, reveal complexities not fully explored in the previous scholarly literature on the citizenship clauses. Conflicting national claims to the allegiance of subjects and citizens and to the duties …

The Road To Doha Through Seoul: The Diplomatic And Legal Implications Of The Pre-Cop 18 Ministerial Meeting, Jae-Hyup Lee, John Leitner, Minjung Chung

Jae-Hyup Lee

International climate change negotiations reached a critical crossroads in 2012. Facing the conclusion of the Kyoto Protocol and with no successor regime yet negotiated, nations have been compelled to re-engage in substantive and far-ranging discussions. The nation of Korea has distinguished itself in this process, in particular by hosting the final ministerial meeting prior to this year’s Conference of the Parties in Doha, Qatar. The Korean government’s willingness to lead has also been evidenced by Korea’s founding of the Global Green Growth Institute, a leading international organization in the area of environmentally responsible economic development, and its successful bid to …

Social Responsibility In Corporate Investment, Patrick M. Talbot

Patrick M Talbot

ABSTRACT

(Social Responsibility in Corporate Investment)

In our increasingly globalized economy, many transnational and multinational enterprises have sought to take advantage of investment opportunities in foreign nations, often in less developed countries. This can be a good opportunity for both the foreign investor and the host country, if properly managed and directed. In the last several decades, however, corporate investors have fallen under intense scrutiny for social problems they have caused or been directly or indirectly involved in. These have involved reports of abuse of labor, mistreatment of local inhabitants, misappropriation of land and resources, and crimes. Corporate involvement in …

Is Aid Conditionality The Answer To Antigay Legislation? An Analysis Of British And American Foreign Aid Policies Designed To Protect Sexual Minorities, Adam Kretz

Adam Kretz

This Article examines several emerging questions in international law. First, is aid conditionality that takes into account the treatment of LGBT people an effective mechanism to foment changes to antigay laws in other nations? If so, have the policies to do so announced by the British and American governments the appropriate way to institute these policies? After examining both aid policies and the attendant negative reactions to those policies by foreign governments, I conclude that the policies, while well intentioned, are not constructed in a manner that would encourage the bootstrapping-up of rights for LGBT people in countries threatened with …

International Law And Economic Sanctions Imposed By The United Nations Security Council, Marco A. Velásquez-Ruiz

Marco A. Velásquez-Ruiz

Nowadays and concretely after the end of Cold War, it is quite visible that the activity of the Security Council is showing a variation to the traditional conception of the international system, as the increase of actions starting from the invocation of Chapter VII of the Charter of the United nations was accompanied by new controversial outcomes. This paper intends to describe several legal issues related to the imposition of economic sanctions by the Security Council, in order to show that even if it appears that such organ of the United Nations has a wide margin of appreciation when maintaining …

Immigration Policy From Scratch: The Universal And The Unique, Stephen H. Legomsky

William & Mary Bill of Rights Journal

No abstract provided.

The Eec Merger Regulation: Preparing For A Common European Market, Earl Ray Beeman

Pepperdine Law Review

No abstract provided.

United States V. Alvarez-Machain: Kidnapping In The "War On Drugs" - A Matter Of Executive Discretion Or Lawlessness?, Michael G. Mckinnon

Pepperdine Law Review

No abstract provided.

Are We Being Propelled Towards A People-Centered Transnational Legal Order?, Claudio Grossman, Daniel D. Bradlow

Daniel D. Bradlow

No abstract provided.

A Clarification Of The Constitution's Application Abroad: Making The "Impracticable And Anomalous" Standard More Practicable And Less Anomalous, Jesse Merriam

William & Mary Bill of Rights Journal

No abstract provided.

Alla Ricerca Del Giudice Naturale Dello Ius Cogens Internazionale: Analisi Critica Del "Sindacato Diffuso” Sulla Tutela Dei Diritti Fondamentali Alla Luce Della Giurisprudenza Ferrini E Kadi, Nicola Colacino

Bocconi Legal Papers

A partire dal secondo dopoguerra, la tendenza alla «verticalizzazione» dell’ordine giuridico internazionale si è sviluppata attraverso il riconoscimento di un nucleo di norme a carattere imperativo e inderogabile, poste a tutela di diritti fondamentali, allo scopo di renderle indisponibili e sottrarle così alla libera negoziazione degli Stati. Tuttavia, la difficoltà di stabilire l’esatta dimensione e i limiti applicativi dello ius cogens nell’ambito delle relazioni giuridiche internazionali, tuttora regolate secondo il tradizionale principio di uguaglianza sovrana, ha alimentato le perplessità in ordine alla stessa utilità pratica di tale categoria normativa. Negli ultimi anni si è manifestata, pertanto, l’esigenza di dotare le …

Law Of Trade In Human Rights: A Legal Analysis Of The Intersection Of The General Trade Agreement Of Tariff’S Article Xx(B) And Labor Rights Of Children., Paul Cook

Paul Cook

China's child labor is on the rise with its 8% annual economic growth. Children are valued for their labor for several reasons: their cheaper price, their ignorance of their legal rights, their dexterous hands, and good eye sight. The use of juvenile labor is most prevalent in the following industries: toy production, textiles, construction, food production, and light mechanical work. Underage laborers are particularly vulnerable to job related hazards resulting in injury and death, and this is because they tend to be less aware of workplace hazards than do adult workers. Children begin work as early as twelve years old …

Information Wants To Be Free (Of Sanctions): Why The President Cannot Prohibit Foreign Access To Social Media Under U.S. Export Regulations, Jarred O. Taylor Iii

William & Mary Law Review

No abstract provided.

Beyond Morrison: The Effect Of The "Presumption Against Extraterritoriality" And The Transactional Test On Foreign Tender Offers, Vladislava Soshkina

William & Mary Law Review

No abstract provided.

Prospects For Satisfactory Dispute Resolution Of Private Commercial Disputes Under The North American Free Trade Agreement, Jonathan I. Miller

Pepperdine Law Review

No abstract provided.

When The Commerce Clause Goes International: A Proposed Legal Framework For The Foreign Commerce Clause, Naomi Harlin Goodno

Naomi Harlin Goodno

Congress is allowed “to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.” The scope of Congress’s power to regulate commerce “among the several States” (the “Interstate Commerce Clause”) has long been debated. In the modern world of global interaction, Congress’s power to regulate commerce “with foreign Nations” (the “Foreign Commerce Clause”) may soon take center-stage. The U.S. Supreme Court, however, has not yet articulated a legal framework for the Foreign Commerce Clause which has lead to circuit splits and confusion as to the scope of this power. This legal issue has recently surfaced …

Legal Routes To Undue Influence: Vulnerabilities In The Korean National Human Rights Commission Act, Douglas Maclean

Douglas MacLean

The National Human Rights Commission of Korea has operated in the midst of considerable political and governmental opposition since its creation. Heralded early on as the strongest national human rights institute in Asia, the government bureaucracy and conservative political forces have challenged the organization's operation from the very beginning. The inauguration of the Lee administration brought opposition forces into power, bringing drastic cuts and drawing both domestic and international criticism over alleged political interference with the organization's operation. Missing from the political accounts of the situation, however, is an examination of the structural vulnerabilities to government influence built into the …

A Submission To The Australian Law Reform Commission On Copyright And The Digital Economy: International Law, Matthew Rimmer Dr

Matthew Rimmer

The Australian Law Reform Commission poses a question in respect of international law in the issues paper on Copyright and the Digital Economy.Question 1. The ALRC is interested in evidence of how Australia’s copyright law is affecting participation in the digital economy. For example, is there evidence about how copyright law: a. affects the ability of creators to earn a living, including through access to new revenue streams and new digital goods and services; b. affects the introduction of new or innovative business models; c. imposes unnecessary costs or inefficiencies on creators or those wanting to access or make use …

The Index Of Individual Case Reports Of The Inter-American Commission On Human Rights: 1994-1999, Richard J. Wilson

Richard J. Wilson

No abstract provided.

Researching The Jurisprudence Of The Inter-American Commission On Human Rights: A Litigator's Perspective, Richard J. Wilson

Richard J. Wilson

No abstract provided.

A Festschrift In Honor Of Seymour J. Rubin, Claudio Grossman, Tom Farer, Andreas J. Jacovides, Herman Schwartz, Bennett Boskey, William Diebold, Christina M. Cerna

Herman Schwartz

No abstract provided.

Tribunal Justice: The Challenges, The Record, And The Prospects, Nina Ban-Jensen, Tom Gjelten, Roy Gutman, Ivana Nizich, Diane F. Orentlicher, Thomas Warrick

Diane Orentlicher

No abstract provided.

Conference Convocation, M. Cherif Bassiouni, Charles N. Brower, Claudio Grossman, Diane F. Orentlicher, Tina Rosenberg, David J. Scheffer, Paul Williams

Diane Orentlicher

No abstract provided.

Dedication To Waldemar A. Solf, Robert Kogod Goldman, Claudio Grossman, Raymond I. Geraldson, George H. Aldrich, Sally V. Mallison, W. Thomas Mallison

Claudio M. Grossman

No abstract provided.

Conference Adjournment, Claudio Grossman, Aryeh Neier

Claudio M. Grossman

No abstract provided.

Building The World Community: Challenges To Legal Education And The Wcl Experience, Claudio Grossman

Claudio M. Grossman

No abstract provided.

International Support For International Criminal Tribunals And An International Criminal Court, Claudio Grossman, Gabrielle Kirk Mcdonald, Arlen Specter, Steven "Skippy" Weinstein

Claudio M. Grossman

No abstract provided.

Conference Convocation, M. Cherif Bassiouni, Charles N. Brower, Claudio Grossman, Diane F. Orentlicher, Tina Rosenberg, David J. Scheffer, Paul Williams

Claudio M. Grossman

No abstract provided.

The Inter-American System And Asylum, Claudio Grossman

Claudio M. Grossman

No abstract provided.

A Festschrift In Honor Of Seymour J. Rubin, Claudio Grossman, Tom Farer, Andreas J. Jacovides, Herman Schwartz, Bennett Boskey, William Diebold, Christina M. Cerna

Claudio M. Grossman

No abstract provided.