Law Commons^™

Goading A Reluctant Dinosaur: Mutual Recognition Agreements As A Policy Response To The Misappropriation Of Foreign Traditional Knowledge In The United States, Paul Kuruk

Pepperdine Law Review

No abstract provided.

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

Sustainable Development Law & Policy

No abstract provided.

A Permanent Resolution Mechanism Of Cultural Property Disputes , Maria Granovsky

Pepperdine Dispute Resolution Law Journal

Despite the frequency of cultural property disputes, there is currently no permanent and universally acceptable framework for their resolution. Rather, each dispute is approached on an ad hoc basis. Even though each dispute presents a unique set of circumstances, there is sufficient commonality within the class of such disputes to make it amenable to a standardized, if flexible, system of resolution. This paper proposes one such possible system. The proposed system would include a new permanent international organization dedicated solely to the settlement of cultural property disputes. Under its auspices, a process would exist to guarantee a binding solution while …

The Institutional Role In Arbitrating Patent Disputes, Murray Lee Eiland

Pepperdine Dispute Resolution Law Journal

This paper will address, in particular, the nature of an international patent dispute and how the rules of the main arbitral institutions influence the unfolding arbitration. The main issue considered here is if institutional rules address the particular needs of patent disputes. Arbitral institutions are prepared to resolve many kinds of disputes, but because they operate under different rules, some may be more or less prepared for the special nature of IP. Patent related disputes are even more specialized. Even small differences in institutional rules can have a large impact upon the unfolding arbitration. After a brief consideration of arbitrability, …

Reforming Approaches To Educating Transnational Lawyers; Observations From America, Robert E. Lutz

Journal of Legal Education

No abstract provided.

The Changing Regulatory Environment Affecting The Education And Training Of Europe's Lawyers, Julian Lonbay

Journal of Legal Education

No abstract provided.

Book Review Of The Passport In America: The History Of A Document, By Crain Robertson, Peter J. Spiro

Journal of Legal Education

No abstract provided.

Has The Law Of The Sea Convention Strengthened The Conservation Ability Of The International Whaling Commission?, Jared Zemantauski

University of Miami Inter-American Law Review

No abstract provided.

Signal And Affirm: How The United Nations Should Articulate The Right To Remedial Secession, John R. Ablan

Vanderbilt Journal of Transnational Law

In international law, the right of peoples to self-determination as applied to remedial secession is anything but clear. The International Court of Justice had an opportunity to clarify this area of law in its recent advisory opinion concerning the unilateral declaration of independence made by Kosovo. Much to the disappointment of international commentators, the Court expressly declined to adjudicate whether Kosovo had, by its declaration, attained state status. Instead, the Court declared that international law does not prohibit unilateral declarations of independence. This Note argues that the proper method for the United Nations to articulate international law of secession is …

Lifting The Veil Of Secrecy: Judicial Review Of Administrative Detentions In The Israeli Supreme Court, Shiri Krebs

Vanderbilt Journal of Transnational Law

All around the world, hundreds of individuals are constantly subjected to administrative detentions designed to prevent them from committing future atrocities. Generally, the main protection against arbitrary and unjustified administrative detentions is judicial review. Nonetheless, judicial review of administrative detention proceedings suffers from inherent difficulties and is typically based on ex parte proceedings and secret evidence. In spite of these difficulties and based on a few renowned cases, it is widely accepted in the scholarly debates that the Israeli judicial review model is robust and effective. Therefore, prominent international law scholars often recommend the adoption of this model in various …

The Role Of International Law In Intrastate Natural Resource Allocation, Lillian A. Miranda

Vanderbilt Journal of Transnational Law

State natural resource development projects have become sites of intense political, social, and cultural contestation among a diversity of actors. In particular, such projects often lead to detrimental consequences for the empowerment, livelihood, and cultural and economic development of historically marginalized communities. This Article fills a gap in the existing literature by identifying and analyzing emerging international law approaches that impact the intrastate allocation of land and natural resources to historically marginalized communities, and thereby, carve away at states' top-down decision-making authority over development. It argues that while international law may have only been originally concerned with the allocation of …

Enforcing The Nuclear Nonproliferation Regime: The Legality Of Preventive Measures, Cristian Defrancia

Vanderbilt Journal of Transnational Law

Efforts to limit the proliferation of nuclear weapons and nuclear-weapons-related technology have increasingly involved economic, technological, and military forms of coercion implemented in an environment of low-level conflict. Coercive counterproliferation measures have included a range of actions, including targeted economic sanctions, industrial sabotage, cyber attacks, targeted killings, and military strikes. While the nonproliferation obligations of states are well-established under relevant treaties, state practice, and the international monitoring system of the International Atomic Energy Agency (IAEA), norms relating to the enforcement of those obligations are not clearly defined in legal instruments. This Article reviews the legality of prevention and enforcement measures …

Dynamics Of Healthcare Reform: Bitter Pills Old And New, Christopher N.J. Roberts

Vanderbilt Journal of Transnational Law

The United States is at a crossroads--albeit one it has visited several times before. Although the Supreme Court has ruled upon the constitutionality of the Patient Protection and Affordable Care Act, the polarizing controversy surrounding national healthcare that began several generations ago is likely to continue into the foreseeable future. In this latest round of national debates, the issue of healthcare has been framed exclusively as a domestic issue. But history shows that the question of national healthcare in the United States has also been an extremely important issue for international law and international politics. To shed light on the …

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.

International Human Rights In Canadian Immigration Law - The Case Of The Immigration And Refugee Board Of Canada, Catherine Dauvergne

Indiana Journal of Global Legal Studies

This article analyzes the use of international human rights in the decision making of Canada's Immigration and Refugee Board. At the center of the analysis is a data set including all the publically available decisions of the Board since the introduction of the 2002 Immigration and Refugee Protection Act. This data set has been coded for varying degrees of engagement with international human rights law, and the results are presented and scrutinized. At the broadest level, the results are disappointing for migrant advocates as international law is relied on in an infinitesimally small number of decisions.

Globalization and Migration Symposium, …

Transnational Adoption And European Immigration Politics: Producing The National Body In Sweden, Barbara Yngvesson

Indiana Journal of Global Legal Studies

This article explores the role of transnational adoption in the production of a multicultural but Swedish national body during the second half of the twentieth and the first decade of the twenty-first century, when Sweden became a multiethnic, multicultural, and racially divided country. I examine the development of international adoption policies in the 1970s, 1980s, and 1990s, emphasizing the erasure of the child's connection to a preadoptive past, even as the child's cultural difference was celebrated in adopting nations. In Sweden, which in the late 1970s and early 1980s had the world's highest adoption ratio (number of transnational adoptions per …

International Organization And Poverty Alleviation, William F. Felice, Diana Fuguitt

Human Rights & Human Welfare

A review of:

The World Trade Organization and Human Rights: Interdisciplinary Perspectives. Edited by Sarah Joseph, David Kinley & Jeff Waincymer. Cheltenham, UK: Edward Elgar. 2009.

and

Global Poverty, Ethics and Human Rights. By Desmond McNeill & Asunción St. Clair. New York, NY: Routledge. 2009.

and

Hypocrisy Trap: The World Bank and the Poverty of Reform. By Catherine Weaver. Princeton, NJ: Princeton University Press. 2008.

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.

America's Drone Wars, Leila Nadya Sadat

Case Western Reserve Journal of International Law

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.

Reflections From The International Criminal Court Prosecutor, Fatou B. Bensouda

Vanderbilt Journal of Transnational Law

Today I would like to introduce the idea of a new paradigm in international relations, which was introduced by the work of the drafters of the Rome Statute and the establishment of the International Criminal Court (ICC): this idea is that of law as a global tool to contribute to the world's peace and security. This idea first surfaced with the belief that the power of law has the capacity to redress the balance between the criminals who wield power and the victims who suffer at their hands. Law provides power for all regardless of their social, economic, or political …

A Chink In The Armor: How A Uniform Approach To Proportionality Analysis Can End The Use Of Human Shields, Margaret T. Artz

Vanderbilt Journal of Transnational Law

The appropriate response to human shields is a recurring issue in modern warfare. Technological asymmetry, disparate obligations, and doctrinal divergence between state and nonstate adversaries combine to make civilians account for 84 percent of combat deaths. Just as a slot machine entices a gambler though he rarely wins, the international community's inconsistent response to human shields has placed shield users on an intermittent reinforcement schedule, thereby ensuring that this tactic remains part of insurgent strategy. Long-term protection of civilians requires eliminating this tactic. Principles of behavior science indicate that an effective way to do so is to uniformly remove its …

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.

Comparing The Approaches Of The Presidential Candidates., Pierre-Richard Prosper, William Burke-White

Case Western Reserve Journal of International Law

No abstract provided.

Targeted Killing: When Proportionality Gets All Out Of Proportion, Amos Guiora

Case Western Reserve Journal of International Law

No abstract provided.