Law Commons^™

Durability, Flexibility And Plasticity In The U.N. Convention On The Law Of The Sea, Sean Murphy

GW Law Faculty Publications & Other Works

The overall resilience of the U.N. Convention on the Law of the Sea during the forty years since its adoption in 1982—its durability, its flexibility and its plasticity in the face of myriad challenges that have unfolded over time—is largely attributable to certain design features within the Convention, to a willingness to ‘bend’ the Convention toward practical outcomes when necessary, and to the foresight of the drafters in closely tying the Convention to other agreements and standards, as well as to the general field of international law, so that the Convention might evolve as the world evolves. There are risks …

Roger Williams University School Of Law Alumni Association Annual Breakfast & Meeting June 23, 2022, Roger Williams University School Of Law

School of Law Conferences, Lectures & Events

No abstract provided.

23rd Annual Open Government Summit: Attorney General State Of Rhode Island : Access To Public Records Act & Open Meetings Act July 30, 2021, Office Of The Attorney General State Of Rhode Island

School of Law Conferences, Lectures & Events

No abstract provided.

Child-Proofing Global Public Health In Anticipation Of Emergency, Frederick M. Abbott

Scholarly Publications

No abstract provided.

Law Library Blog (January 2020): Legal Beagle's Blog Archive, Roger Williams University School Of Law

Law Library Newsletters/Blog

No abstract provided.

2019-2020 Annual Report: Roger Williams University School Of Law, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.

Environmental Laws And Restrains Of Criminal Sanctions In India, Annapurna Pattnaik, Sabyasachi Das, Banalata Pradhan

Library Philosophy and Practice (e-journal)

The Issue Protection of environment has become one of the major global issues in 21^st century. Man's conquest over the nature and his capacity to manipulate his environment through scientific and technological accomplishment has made him callous not only toward himself but towards other living creatures, plants, living organisms and macro-organisms. The technological advancement and economic developments have brought comforts to many, but unfavourable to our ecosystem in many ways. There are different kind of pollutions such as Water pollution, Air Pollution, Environmental pollution, Soil pollution, Oceanic pollution, food pollution, fossil fuel pollution etc. Many contaminations mixed in solid …

Environmental Laws And Restrains Of Criminal Sanctions In India, Annapurna Pattnaik, Sabyasachi Das, Banalata Pradhan

Library Philosophy and Practice (e-journal)

The Issue Protection of environment has become one of the major global issues in 21^st century. Man's conquest over the nature and his capacity to manipulate his environment through scientific and technological accomplishment has made him callous not only toward himself but towards other living creatures, plants, living organisms and macro-organisms. The technological advancement and economic developments have brought comforts to many, but unfavourable to our ecosystem in many ways. There are different kind of pollutions such as Water pollution, Air Pollution, Environmental pollution, Soil pollution, Oceanic pollution, food pollution, fossil fuel pollution etc. Many contaminations mixed in solid …

Introduction: Singapore Convention Reference Book, Harold Abramson

Scholarly Works

No abstract provided.

The New Singapore Mediation Convention: The Process And Key Choices, Harold Abramson

Scholarly Works

No abstract provided.

"Attendee Basics: Survival Guide For Patrons, Customers, Guests, And Goers" From The Pop Culture Business Handbook For Cons And Festivals, Jon Garon

Faculty Scholarship

This article is part of a series of book excerpts The Pop Culture Business Handbook for Cons andFestivals, which provides the business, strategy, and legal reference guide for fan conventions, filmfestivals, musical festivals, and cultural events.Cons use a range of labels for the people who attend the event as paid ticket holders. Whether thepeople are labeled attendees, patrons, guests, concert-goers, or customers, many of the chapters ofthis book identify how the Con organizers address these differing ticket holders and should plan andprepare to assure each group has a safe, fun, and memorable experience. This chapter focuses on theattendees and what …

The Law Of The Sea Convention And Sea Level Rise In The Light Of The South China Sea Arbitration, Stuart B. Kaye

Faculty of Law, Humanities and the Arts - Papers (Archive)

Sea level rise from anthropogenic climate change is an increasing concern for the international community and especially for coastal States. The prospect of whole islands disappearing under rising waters raises serious questions as to the impact upon maritime jurisdiction and the ability of the United Nations Convention on the Law of the Sea to deal with the inundation of large areas of territory. The South China Sea Arbitration Tribunal recently considered these questions. Here, the Tribunal relied on a high standard for what constituted human habitability under Article 121 of the Law of the Sea Convention, which likely will have …

Uncitral And The Enforceability Of Imsas: The Debate Heats Up, Nadja Alexander, Anna Luisa Howard, Dorcas Quek Anderson

Research Collection Yong Pung How School Of Law

This is a first of four in a series of blog posts on Kluwer Mediation Blog. They were published in conjunction with the the 65th session of the UNCITRAL Working Group II on arbitration and conciliation. The Working Group has turned its attention to the settlement of commercial disputes and in particular on the preparation of an instrument on the enforcement of international commercial settlement agreements resulting from conciliation. (Note that in UNCITRAL speak, the term ‘conciliation’ is used interchangeably with ‘mediation’. ) In terms of the type of instrument, the Working Group is considering the possibility of a convention, …

Uncitral And The Enforceability Of Imsas: The Debate Heats Up – Part 2, Dorcas Quek Anderson, Nadja Alexander, Anna Howard

Research Collection Yong Pung How School Of Law

This is the second of four in a series of blog posts on Kluwer Mediation Blog. They were published in conjunction with the the 65th session of the UNCITRAL Working Group II on arbitration and conciliation. The Working Group has turned its attention to the settlement of commercial disputes and in particular on the preparation of an instrument on the enforcement of international commercial settlement agreements resulting from conciliation. (Note that in UNCITRAL speak, the term ‘conciliation’ is used interchangeably with ‘mediation’. ) In terms of the type of instrument, the Working Group is considering the possibility of a convention, …

Uncitral And The Enforceability Of Imsas: The Debate Heats Up – Part 3, Dorcas Quek Anderson, Nadja Alexander, Anna Howard

Research Collection Yong Pung How School Of Law

This is the third of four in a series of blog posts on Kluwer Mediation Blog. They were published in conjunction with the the 65th session of the UNCITRAL Working Group II on arbitration and conciliation. The Working Group has turned its attention to the settlement of commercial disputes and in particular on the preparation of an instrument on the enforcement of international commercial settlement agreements resulting from conciliation. (Note that in UNCITRAL speak, the term ‘conciliation’ is used interchangeably with ‘mediation’. ) In terms of the type of instrument, the Working Group is considering the possibility of a convention, …

Newsroom: A True Original(Ist) 02-15-2016, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.

A No-Tribunal Sdrm And The Means Of Binding Creditors To The Terms Of A Restructuring Plan, Charles W. Mooney Jr.

All Faculty Scholarship

The paper addresses two discrete but related and essential attributes of a sovereign debt restructuring mechanism (SDRM). It first considers the merits and feasibility of an SDRM that would provide a procedure for proposing and adopting a restructuring plan for a sovereign debtor’s debt which would not involve any tribunal or administrator (a No-Tribunal SDRM). The No-Tribunal SDRM would undertake the restructuring as if the sovereign debtor and its creditors were subject to the Model CAC regime. In addition to embodying a novel and interesting structure for an SDRM—and one that eliminates the difficult hurdle of identifying a satisfactory tribunal—adoption …

A Framework For A Formal Sovereign Debt Restructuring Mechanism: The Kiss Principle (Keep It Simple, Stupid) And Other Guiding Principles, Charles W. Mooney Jr.

All Faculty Scholarship

Given the ongoing work on a multilateral restructuring process for sovereign debt in the UN, consideration of the content and implementation of a sovereign debt restructuring mechanism (SDRM) is timely. The framework and content of the SDRM proposed here differs from earlier proposals in several important respects. For the classification and supermajority voting of claims in the approval a restructuring plan, it would mimic the structure and operation of the model collective action clauses (Model CACs) proposed by the International Capital Markets Association. Restructuring under a qualified sovereign debt restructuring law (QSDRL) would be guided by four principles: (i) observe …

Developments In The Right To Defence For Juvenile Offenders Since Vietnam’S Ratification Of The Convention On The Rights Of The Child, Thi Thanh Nga Pham

Faculty of Law, Humanities and the Arts - Papers (Archive)

This article examines Vietnam’s legal changes and law enforcement practices in regards to the right to defence of juvenile offenders since Vietnam ratified the United Nations Convention on the Rights of the Child in 1990. A combination of research methods is employed, including document analysis, statistical analysis, and selected case studies. The findings of the research indicate that Vietnam has demonstrated considerable improvement in acknowledging the right to defence of juvenile offenders in its law. The contemporary Vietnamese regulations are similar to the CRC’s requirements about legal assistance for juvenile offenders. The implementation of the law, however, confronts difficulties as …

Dispute Settlement In The Law Of The Sea Convention And Territorial And Maritime Disputes In Southeast Asia: Issues, Opportunities, And Challenges, Lowell Bautista

Faculty of Law, Humanities and the Arts - Papers (Archive)

The 1982 United Nations Convention on the Law of the Sea (LOSC) provides for a dispute settlement regime that establishes a compulsory and binding framework for the peaceful settlement of all ocean-related disputes. In Southeast Asia, despite the long-standing myriad of territorial and maritime disputes, there appears to be a general reluctance to utilize the dispute settlement provisions of LOSC. The region has very little experience in international litigation involving territorial and maritime disputes, and a reluctance to utilize the dispute settlement provisions of LOSC.While the LOSC legal framework offers some options, the highly complicated nature of the disputes in …

The Establishment Of Juvenile Courts And The Fulfilment Of Vietnam's Obligations Under The Convention On The Rights Of The Child, Thi Thanh Nga Pham

Faculty of Law, Humanities and the Arts - Papers (Archive)

This article situates child protection by Vietnam’s judicial bodies in relation to the requirements of the Convention on the Rights of the Child and other international instruments in juvenile justice. It demonstrates that Vietnam’s legislation and practices do not fully comply with international standards and that there remains a significant gap between the letter of the law and its implementation. Party-government policy on judicial reform, however, creates the potential for establishing juvenile courts in Vietnam. The feasibility of such juvenile courts, and the implications for Vietnam meeting its obligations under the Convention, are also surveyed.

Un-Torturing The Definition Of Torture And Employing The Rule Of Immigration Lenity, Irene Scharf

Faculty Publications

In the first three sections, I examine the background of the Convention in the context of international human rights instruments (Section I); the context for a critique of the CAT’s definition of torture, given the legislative history of the Convention and an existing statute that could aid in correcting the misinterpretation adversely affecting CAT enforcement (Section II); and the adverse international implication of the United States’ restrictive meaning of torture (Section III). In a concluding section (IV), I offer possible solutions to the problem, invoking a robust principle of Immigration Lenity to prevent the return of potential torture victims to …

One Step Forwards, Two Steps Back? Progress And Challenges In The Delimitation Of Maritime Boundaries Since The Drafting Of The United Nations Convention On The Law Of The Sea, Clive Schofield

Faculty of Law, Humanities and the Arts - Papers (Archive)

The provisions of the United Nations Convention on the Law of the Sea dealing with the delimitation of maritime boundaries are limited and open to varied interpretation. Nevertheless, the advent of the Convention had a significant impact on ocean boundary making. Subsequent developments have also arguably led to a clearer approach to maritime boundary delimitation. These evolutions are traced and contemporary challenges highlighted

Legislative Implementation Of The Law Of The Sea Convention In Australia, Warwick Gullett

Faculty of Law, Humanities and the Arts - Papers (Archive)

All States with marine and maritime interests need to ensure that their domestic laws enable them to meet their obligations, and to take advantage of the rights afforded to them, under the international law of the sea. This body of international law is structured around one of the most extensive and widely ratified international treaties: the United Nations Convention on the Law of the Sea ('LOSC').1 This paper reviews the general process by which obligations and rights in international treaties become part of domestic law and then examines Australia's experience in incorporating into its domestic law three broad areas of …

Convention Violations And Investment Claims, William W. Park

Faculty Scholarship

In theory, treaty commitments remain a foundation of international law, often expressed in the adage pacta sunt servanda: ‘agreements are to be kept’.1 In practice, however, some treaty violations remain without realistic sanctions. Here as elsewhere, the divergence between theory and practice remains greater in practice than in theory.

Proposal For An International Convention On Online Gambling, Marketa Trimble

Scholarly Works

The proposal, which will be published as a chapter in a volume from the Internet Gaming Regulation Symposium co-organized by the William S. Boyd School of Law of the University of Nevada, Las Vegas, in May 2012, presents the outline of an international convention ('Convention') that will facilitate cooperation among countries in enforcement of their online gambling regulations while allowing the countries to maintain their individual legal approaches to online gambling. Countries continue to vary in their approaches - some permit and regulate, and others prohibit online gambling, and even countries that permit and regulate online gambling approach the issue …

S10rs Sgb No. 3 (Tiger Tv Funding), Prestridge, Bonvillain

Student Senate Enrolled Legislation

A BILL

To allocate one thousand five hundred dollars ($1500.00) from the Student Senate Contingency for Tiger TV to attend the College Media Adviser’s Spring Convention in New York City from March 12 - March 16, 2010.

F07rs Sgb No. 10 (Aslha Convention), Jackson

Student Senate Enrolled Legislation

No abstract provided.

The Myopia Of U.S. V. Martinelli: Extraterritorial Jurisdiction In The 21st Century, Christopher L. Blakesley

Scholarly Works

Beginning in January 1999 and continuing through January 2000, a U.S. soldier began frequenting an off-post Internet cafe in Darmstadt, Germany, called the Netzwork Café. There he would download images of child pornography and search Internet websites, logging onto Internet chat rooms in order to communicate with individuals willing to send him images of naked children and children engaged in sex acts.

Specialist Martinelli was eventually caught and charged with various violations of 18 U.S.C. § 2252A for knowingly mailing, transporting or shipping child pornography in interstate or foreign commerce (by computer); knowingly receiving child pornography that had been mailed, …

Thinking Outside The Box: The South China Sea Issue And The United Nations Convention On The Law Of The Sea (Options, Limitations And Prospects), Lowell Bautista

Faculty of Law, Humanities and the Arts - Papers (Archive)

The South China Sea issue is a geopolitical tinder box waiting to explode.2 It is clear that the primary reason for the claims is based on its strategic location and its hydrocarbon potential,3 However, this is more than a simple conflict over resources.4 The issue goes beyond the question of territorial sovereignty and natural resource jurisdiction.s This 1S more than a legalquestion of ownership.