Law Commons^™

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 …

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

Daniel D. Bradlow

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 …

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.

Applicability Of General Exceptions To Wto-Plus Obligations: In View Of Applicability Of Environmental Protection Exceptions In China - Raw Materials, Ying Liu

Ying Liu

This article explores applicability of general exceptions to China’s WTO-plus obligations by means of case study. By offering insights on DSB reports for China – Raw Materials and a critique of their interpretation approach and findings, this article proceeds to discuss the applicability of environmental protection exceptions to export duties commitments in China – Rare Earths and attempts to provide grounds for affirmative arguments. More generally, the two-tier membership and acceding Member’s less-than-equal status of which China’s WTO-plus obligation is an epitome, are by nature inconsistent with the equality value of the WTO. Therefore alternative interpretation approach may be applied …

Problems Of Perception In The European Court Of Human Rights: A Matter Of Evidence?, Anne Richardson Oakes

Anne Richardson Oakes

The “doctrine of appearances” is now an important element of the jurisprudence of Article 6 of the European Convention on Human Rights and Fundamental Freedoms. The court derives support for its interpretations from the traditional precept of the common law that “justice must be seen to be done.” However, the formulations of the European Court are idiosyncratic and apparently driven by an asserted perception of an increased public sensitivity in this area. This paper examines these formulations and considers the extent to which judicial principles of procedural fairness require an empirical connection.

Of Particles And Proportionality: Negotiating A Truce Between Humanitarian And Human Rights Principles In The Law Of Armed Conflict, Matt Meltzer

Matt Meltzer

The conflict between international humanitarian law (“IHL”) and human rights law (“HRL”) in the regulation of combat is one of the most hotly debated issues in the law of armed conflict. As human rights law has come into greater prominence over the past twenty years, international tribunals and non-government organizations have struggled with how to effectively integrate its principles with the longer-established strictures of international humanitarian law. Because human rights law would prohibit a large swathe of hostile conduct that international humanitarian law has long permitted, a conflict between these two fields is inevitable. At stake in this legal debate …

Legal Guardians: Islamic Law, International Law, Human Rights Law, And The Salman Rushdie Affair, Anthony Chase

Anthony Chase

No abstract provided.

A Submission To The New Zealand Government On The Plain Packaging Of Tobacco Products, Matthew Rimmer

Matthew Rimmer

EXECUTIVE SUMMARYThis submission draws upon a number of pieces of research and policy papers on the plain packaging of tobacco products including:1. Becky Freeman, Simon Chapman, and Matthew Rimmer, 'The Case for the Plain Packaging of Tobacco Products' (2008) 103 (4) Addiction 580-590.2. Matthew Rimmer, 'A Submission to the Senate Legal and Constitutional Committee on the Trade Marks Amendment (Tobacco Plain Packaging) Bill (Cth)', September 2011, https://senate.aph.gov.au/submissions/comittees/viewdocument.aspx?id=dabfcd75-9807-493f-bc99-4a7506bf493b3A. Matthew Rimmer, 'Tobacco's Mad Men Threaten Public Health', The Conversation, 23 September 2011, http://theconversation.edu.au/tobaccos-mad-men-threaten-public-health-34503B. Matthew Rimmer, 'Big Tobacco's Box Fetish: Plain Packaging at the High Court', The Conversation, 20 April 2012, https://theconversation.edu.au/big-tobaccos-box-fetish-plain-packaging-at-the-high-court-65183C. Matthew …

Providing A Foundation For Wealth For Wealth Creation And Development In Africa: The Role Of The Rule Of Law, John Mukum Mbaku

JOHN MUKUM MBAKU

PROVIDING A FOUNDATION FOR WEALTH CREATION AND DEVELOPMENT IN AFRICA: THE ROLE OF THE RULE OF LAW JOHN MUKUM MBAKU ABSTRACT This paper examines the struggle in Africa to alleviate and eventually eradicate poverty. It is argued that the most effective way for African countries to deal with poverty is to create wealth. Unfortunately, these countries have not been able to create the wealth that they need to confront poverty. This is due primarily to the fact that since independence, these countries have not been able to undertake democratic institutional reforms to create and adopt institutional arrangements that guarantee and …

Antitrust Regulation Within The European Economic Community, Richard M. Buxbaum

Richard M. Buxbaum

The article presents information on the antitrust regulation within the European Economic Community. The antitrust provisions of the Rome Treaty are quite straightforward. The escape clause in article 85(3), reflecting French insistence on "reasonable" competition, will unquestionably prove to be the keystone to any eventual Community antitrust law. It is so general that its interpretation is unpredictable. An otherwise null and void practice may be approved if it promotes economic progress while reserving to the consumer an equitable share of the resulting advantages, and neither is an unnecessary restriction nor eliminates competition in a substantial part of the relevant market. …

The Emergence Of Private Property Law In China And Its Impact On Human Rights, Mark D. Kielsgard, Lei Chen

Mark D. Kielsgard

ABSTRACT This article investigates the development of private property law in the PRC and its connection to the growth of human rights trends in China. It assesses the vitality of these trends, reviews the relevant historic legal and social background and demonstrates how the introduction of private property in China has fundamentally altered the fabric of its civil society. Drawing upon case studies and statutory analysis, and evaluating them from the perspective of both Chinese and Western scholarship, it analyzes trends driving greater democratic structures by reviewing the self-governance of condominium owners associations and the human rights practices they have …