Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 30 of 32
Full-Text Articles in Law
Panel 4: The Next Frontier: Space And Beyond, Fausto Pocar, Leslie Tennen, Wayne N. White Jr.
Panel 4: The Next Frontier: Space And Beyond, Fausto Pocar, Leslie Tennen, Wayne N. White Jr.
McGeorge School of Law Global Center for Business and Development Annual Symposium
What does an international law of property portend for future extraterrestrial ambitions, such as moon and near asteroid mining? How does the Outer Space Treaty address the global commons of outer space? The law of outer space is “both unclear and incomplete” – what are the implications of an international law of property for the development of outer space law?
Panel 3: Natural Resources And Biodiversity, Thomas Antkowiak, Jacquelyn Jampolsky, Stephen Mccaffrey, Rachael Salcido
Panel 3: Natural Resources And Biodiversity, Thomas Antkowiak, Jacquelyn Jampolsky, Stephen Mccaffrey, Rachael Salcido
McGeorge School of Law Global Center for Business and Development Annual Symposium
An international law of property will have implications on the development of natural resources, as well as implications for biodiversity around the world. Development of natural resources has an impact on national economic growth. A number of legal regimes currently exist that govern the environmental impacts of natural resource development and biodiversity protection. This panel will explore the intersections of property law and cultural and natural resources.
Panel 2: Intellectual Property, Josef Drexl, Margo Bagley, Irene Calbodi
Panel 2: Intellectual Property, Josef Drexl, Margo Bagley, Irene Calbodi
McGeorge School of Law Global Center for Business and Development Annual Symposium
An international law of property will have implications on intellectual property rights. This area of law is currently a battleground of conflict among nations at different level of development, as well as within societies seeking to balance innovation, economic development, and human and natural health and well-being. One of the major issues is how TRIPs is moving us toward a truly international body of IP law.
Panel 1: The Framework Shaping The Law: Whose Interests Are Reflected In Existing Treaties, Practice And Norms?, Anna Dolidze, Jarrod Wong
Panel 1: The Framework Shaping The Law: Whose Interests Are Reflected In Existing Treaties, Practice And Norms?, Anna Dolidze, Jarrod Wong
McGeorge School of Law Global Center for Business and Development Annual Symposium
A focus on treaties, customary norms, soft law, arbital and judicial decisions to illustrate how an emergent international law of property has come to influence property rights held by private actors. This panel will focus on a) the human right to property; and b) international expropriation law.
Why The Morrison Test Doesn't Work, Marco Ventoruzzo
Why The Morrison Test Doesn't Work, Marco Ventoruzzo
McGeorge School of Law Global Center for Business and Development Annual Symposium
Part of the Panel, "Transnational Securities Enforcement after Morrison"
Recent Developments In The Netherlands, Winfried H.A.M. Van Der Muijsenbergh
Recent Developments In The Netherlands, Winfried H.A.M. Van Der Muijsenbergh
McGeorge School of Law Global Center for Business and Development Annual Symposium
Part of the Panel, "Always Begin with Procedure: A Comparative Look at Global Collective Actions in the Aftermath of Morrison"
From Fragmentation To Constitutionalization, Harlan Grant Cohen
From Fragmentation To Constitutionalization, Harlan Grant Cohen
McGeorge School of Law Global Center for Business and Development Annual Symposium
Moderator:Omar Dajani, Professor of Law, University of the Pacific, McGeorge School of Law
This panel will explore the systemic implications of wider dissemination of human rights norms. One positive consequence is increased attention to – and, perhaps also, protection of – human rights in a range of forums. A negative consequence, however, may be fragmentation in the meaning of human rights norms. What happens when national and international institutions adopt conflicting interpretations of human rights norms? Is fragmentation necessarily problematic or can it serve useful purposes, such as facilitating experimentation with diverse approaches or providing a check on hegemonic ambitions? …
Fragmentation Of International Law: The Case Of International Finance & Investment Law Versus Human Rights Law, Sabine Schlemmer-Schulte
Fragmentation Of International Law: The Case Of International Finance & Investment Law Versus Human Rights Law, Sabine Schlemmer-Schulte
McGeorge School of Law Global Center for Business and Development Annual Symposium
Moderator:Omar Dajani, Professor of Law, University of the Pacific, McGeorge School of Law
This panel will explore the systemic implications of wider dissemination of human rights norms. One positive consequence is increased attention to – and, perhaps also, protection of – human rights in a range of forums. A negative consequence, however, may be fragmentation in the meaning of human rights norms. What happens when national and international institutions adopt conflicting interpretations of human rights norms? Is fragmentation necessarily problematic or can it serve useful purposes, such as facilitating experimentation with diverse approaches or providing a check on hegemonic ambitions? …
The Law Of Responsibility: A Response To Fragmentation?, Kristen Boon
The Law Of Responsibility: A Response To Fragmentation?, Kristen Boon
McGeorge School of Law Global Center for Business and Development Annual Symposium
Moderator:Omar Dajani, Professor of Law, University of the Pacific, McGeorge School of Law
This panel will explore the systemic implications of wider dissemination of human rights norms. One positive consequence is increased attention to – and, perhaps also, protection of – human rights in a range of forums. A negative consequence, however, may be fragmentation in the meaning of human rights norms. What happens when national and international institutions adopt conflicting interpretations of human rights norms? Is fragmentation necessarily problematic or can it serve useful purposes, such as facilitating experimentation with diverse approaches or providing a check on hegemonic ambitions? …
Targeted Killing At A Distance: Robotics And Self-Defense, Wayne Mccormack
Targeted Killing At A Distance: Robotics And Self-Defense, Wayne Mccormack
McGeorge School of Law Global Center for Business and Development Annual Symposium
Moderator:John Sims, Professor of Law, University of the Pacific, McGeorge School of Law
This panel will focus on the bearing of human rights norms on the use of unmanned aerial vehicles (UAVs) in armed conflict situations. The ongoing and rapidly increasing development and deployment of UAVs in situations of armed conflict have arguably outpaced the law in that they are not adequately supported by a dedicated and enforceable regime of international and (trans)national rules, regulations, and standards, including relevant human rights norms. In addressing this issue, the panel will explore the role human rights norms play or should play in …
Panel 6: The Role Of Tort Law In Implementing Human Rights Norms, Ronald Krotoszynski, Adrienne Stone, David Partlett
Panel 6: The Role Of Tort Law In Implementing Human Rights Norms, Ronald Krotoszynski, Adrienne Stone, David Partlett
McGeorge School of Law Global Center for Business and Development Annual Symposium
Moderator: Julie Davies, Associate Dean for Academic Affairs and Professor of Law, University of the Pacific, McGeorge School of Law
This panel explores the impact of human rights norms on the law of defamation and privacy. To varying degrees, both civil and common law jurisdictions protect interests in privacy and reputation. The constitutionalization of U.S. defamation and privacy law has changed American tort law dramatically, while the European Convention on Human Rights has influenced the domestic law of many parties to the Convention. This panel will consider human rights norms from theoretical and comparative perspectives by examining their application to …
A Social Justice Perspective On The Role Of Copyright In Realizing International Human Rights, Steven D. Jamar
A Social Justice Perspective On The Role Of Copyright In Realizing International Human Rights, Steven D. Jamar
McGeorge School of Law Global Center for Business and Development Annual Symposium
Moderator: Michael Mireles, Associate Professor of Law, University of the Pacific, McGeorge School of Law
This panel will examine the impact of human rights norms on substantive intellectual property law. The focus of the panel is whether intellectual property law is adequately flexible to provide access to knowledge, in the form of primary and secondary materials as well as scientific materials, access to medicines, and access to food, such as seeds. The panel will further explore whether any flexibilities incorporated into intellectual property law harm the incentives provided by that law, including an analysis of parallel importation.
Get The Balance Right!: Squaring Access With Patent Protection, Kristen Jakobsen Osenga
Get The Balance Right!: Squaring Access With Patent Protection, Kristen Jakobsen Osenga
McGeorge School of Law Global Center for Business and Development Annual Symposium
Moderator: Michael Mireles, Associate Professor of Law, University of the Pacific, McGeorge School of Law
This panel will examine the impact of human rights norms on substantive intellectual property law. The focus of the panel is whether intellectual property law is adequately flexible to provide access to knowledge, in the form of primary and secondary materials as well as scientific materials, access to medicines, and access to food, such as seeds. The panel will further explore whether any flexibilities incorporated into intellectual property law harm the incentives provided by that law, including an analysis of parallel importation.
Indian Patent Law And Trips: Redrawing The Flexibility Framework In The Context Of Public Policy And Health, V. K. Unni
Indian Patent Law And Trips: Redrawing The Flexibility Framework In The Context Of Public Policy And Health, V. K. Unni
McGeorge School of Law Global Center for Business and Development Annual Symposium
Moderator: Michael Mireles, Associate Professor of Law, University of the Pacific, McGeorge School of Law
This panel will examine the impact of human rights norms on substantive intellectual property law. The focus of the panel is whether intellectual property law is adequately flexible to provide access to knowledge, in the form of primary and secondary materials as well as scientific materials, access to medicines, and access to food, such as seeds. The panel will further explore whether any flexibilities incorporated into intellectual property law harm the incentives provided by that law, including an analysis of parallel importation.
Interpretation Of Human Rights For The Protection Of The Environment In The European Court Of Human Rights, Svitlana Kravchenko, John E. Bonine
Interpretation Of Human Rights For The Protection Of The Environment In The European Court Of Human Rights, Svitlana Kravchenko, John E. Bonine
McGeorge School of Law Global Center for Business and Development Annual Symposium
Moderator: Rachael Salcido, Professor of Law, University of the Pacific, McGeorge School of Law
The Stockholm Declaration, adopted at the 1972 United Nations Conference on the Human Environment, explicitly recognized the link between human rights and protection of the environment, proclaiming that “Both aspects of man’s environment, the natural and the man-made, are essential to his well-being and to the enjoyment of basic human rights—even the right to life itself.” More recent international developments point to the potential utility of using human rights norms as a catalyst for actions to protect the environment at the state level. Indeed, many countries …
Distinguished Jurist Panel: Insights And Perspectives On The History And Development Of Human Rights Norms, Richard Goldstone, Fausto Pocar
Distinguished Jurist Panel: Insights And Perspectives On The History And Development Of Human Rights Norms, Richard Goldstone, Fausto Pocar
McGeorge School of Law Global Center for Business and Development Annual Symposium
Moderator: Linda Carter, Professor of Law and Director, Legal Infrastructure and International Justice Institute, University of the Pacific, McGeorge School of Law
The extensive experience of the distinguished international jurists on this panel with human rights law and related fields will form the basis for insights and perspectives into the history and development of human rights norms. The panelists will examine the current importation of human rights norms into other areas of law and predictions for future development.
Mexico's Dilemma: Workers' Rights Or Workers' Comparative Advantage In The Age Of Globalization?, Ranko Shiraki Oliver
Mexico's Dilemma: Workers' Rights Or Workers' Comparative Advantage In The Age Of Globalization?, Ranko Shiraki Oliver
McGeorge School of Law Global Center for Business and Development Annual Symposium
Moderator: Raquel Aldana, Professor of Law and Director, Inter-American Program, University of the Pacific, McGeorge School of Law
For at least the last two decades, Latin American nations have grappled with whether and how to reform their labor codes as a response to liberalizing policies promoted by international financial institutions and-or multilateral and more recently regional trade agreements. The debate has rightly encountered tensions around several competing goals, including ones for global economic integration, the individual and collective rights of workers, and demands from employers from greater flexibilization of laws in developing nations. As well, deep disagreements have surfaced around …
Corporations And The European Convention On Human Rights, Winfried Van Den Muijsenbergh, Sam Rezai
Corporations And The European Convention On Human Rights, Winfried Van Den Muijsenbergh, Sam Rezai
McGeorge School of Law Global Center for Business and Development Annual Symposium
Moderator: Franklin Gevurtz, Distinguished Professor and Scholar and Director, Global Center for Business & Development, University of the Pacific, McGeorge School of Law
This panel will examine the incorporation of international human rights norms into state and national corporate law and principles of corporate governance. The “Protect, Respect and Remedy Framework” adopted by the U.N. Human Rights Council in 2008 renders myopic the notion that national and sub-national laws on corporate governance and the liabilities of corporate officials can ignore international human rights norms, since this framework invokes both the state duty to protect against human rights abuses by third …
Human Rights And Delaware Corporate Law, David Millon
Human Rights And Delaware Corporate Law, David Millon
McGeorge School of Law Global Center for Business and Development Annual Symposium
Moderator: Franklin Gevurtz, Distinguished Professor and Scholar and Director, Global Center for Business & Development, University of the Pacific, McGeorge School of Law
This panel will examine the incorporation of international human rights norms into state and national corporate law and principles of corporate governance. The “Protect, Respect and Remedy Framework” adopted by the U.N. Human Rights Council in 2008 renders myopic the notion that national and sub-national laws on corporate governance and the liabilities of corporate officials can ignore international human rights norms, since this framework invokes both the state duty to protect against human rights abuses by third …
From Institutional Misalignments To Socially Sustainable Governance: The Guiding Principles For The Implementation Of The United Nations' "Protect, Respect And Remedy" And The Construction Of Interbysystemic Global Governance, Larry Catá Backer
McGeorge School of Law Global Center for Business and Development Annual Symposium
Moderator: Franklin Gevurtz, Distinguished Professor and Scholar and Director, Global Center for Business & Development, University of the Pacific, McGeorge School of Law
This panel will examine the incorporation of international human rights norms into state and national corporate law and principles of corporate governance. The “Protect, Respect and Remedy Framework” adopted by the U.N. Human Rights Council in 2008 renders myopic the notion that national and sub-national laws on corporate governance and the liabilities of corporate officials can ignore international human rights norms, since this framework invokes both the state duty to protect against human rights abuses by third …
Study Abroad And The International Curriculum: Assessing Changes In Intercultural Competence, Susan G. Sample
Study Abroad And The International Curriculum: Assessing Changes In Intercultural Competence, Susan G. Sample
McGeorge School of Law Global Center for Business and Development Annual Symposium
No abstract provided.
Law In Culture And Society, Laura Nader
Law In Culture And Society, Laura Nader
McGeorge School of Law Global Center for Business and Development Annual Symposium
No abstract provided.
Negotiating Globally: How To Negotiate Deals, Resolve Disputes, And Make Decisions Across Cultural Boundaries, Jeanne M. Brett
Negotiating Globally: How To Negotiate Deals, Resolve Disputes, And Make Decisions Across Cultural Boundaries, Jeanne M. Brett
McGeorge School of Law Global Center for Business and Development Annual Symposium
No abstract provided.
Five Habits For Cross-Cultural Lawyering, Sue Bryant, Jean Koh Peters
Five Habits For Cross-Cultural Lawyering, Sue Bryant, Jean Koh Peters
McGeorge School of Law Global Center for Business and Development Annual Symposium
No abstract provided.
Law As Culture: An Invitation, Lawrence Rosen
Law As Culture: An Invitation, Lawrence Rosen
McGeorge School of Law Global Center for Business and Development Annual Symposium
No abstract provided.
Civilization And Its Negotiations, Laura Nader
Civilization And Its Negotiations, Laura Nader
McGeorge School of Law Global Center for Business and Development Annual Symposium
No abstract provided.
Panel 2: Corruption And The Private Sector: Is Money Laundering The New Corrupt Foreign Practices?, Richard Charlton, Janet Dine, Michael Malloy, André Odermatt, Carol Van Cleef
Panel 2: Corruption And The Private Sector: Is Money Laundering The New Corrupt Foreign Practices?, Richard Charlton, Janet Dine, Michael Malloy, André Odermatt, Carol Van Cleef
McGeorge School of Law Global Center for Business and Development Annual Symposium
This roundtable of practitioners, regulators, and experts will consider the following issues:
- Does corruption matter in today’s globalized economy?
- Do current regulatory responses deter or contain corruption?
- How far should we “rethink” corruption?
Panel 1: Defining Corruption: Do We Know It When We See It? Do We See It Where It Is Not?, Daniel Kaufmann, Jun Qian, Franklin Zimring
Panel 1: Defining Corruption: Do We Know It When We See It? Do We See It Where It Is Not?, Daniel Kaufmann, Jun Qian, Franklin Zimring
McGeorge School of Law Global Center for Business and Development Annual Symposium
This panel will undertake both a doctrinal and functional examination of what conduct should be condemned as corruption. This will include use of theoretical models, empirical studies and historical examples to evaluate the impact of various conduct sometimes condemned as corruption and other times argued to be harmless.
The Role Of Judicial Independence, Jing Liu, Wang Juan, Sam Rugege, Consuelo Callahan, Brian Landberg
The Role Of Judicial Independence, Jing Liu, Wang Juan, Sam Rugege, Consuelo Callahan, Brian Landberg
McGeorge School of Law Global Center for Business and Development Annual Symposium
No abstract provided.
Private Dispute Resolution And Economic Development, Susan D. Franck, Lisa Bingham, Dan Kolkey
Private Dispute Resolution And Economic Development, Susan D. Franck, Lisa Bingham, Dan Kolkey
McGeorge School of Law Global Center for Business and Development Annual Symposium
No abstract provided.