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Articles 1 - 5 of 5
Full-Text Articles in Law
Gravity And Grace: Foreign Investments And Cultural Heritage In International Investment Law, Valentina Vadi
Gravity And Grace: Foreign Investments And Cultural Heritage In International Investment Law, Valentina Vadi
Vanderbilt Journal of Transnational Law
Globalization and international economic governance have promoted dialogue and interaction among nations, potentially increasing cultural diversity and providing the funds to recover and preserve cultural heritage. However, these phenomena can also jeopardize cultural diversity. Foreign direct investments in the extraction of natural resources have the potential to change cultural landscapes, destroy monuments, and erase memories. In parallel, international investment law constitutes a legally binding and highly effective regime that demands that states promote and facilitate foreign direct investment. Does the existing legal framework adequately protect cultural heritage vis-a-vis the economic interests of foreign investors? To address this question, this Article …
The Problem Of Blackness In America: Becoming When The Being Never Comes To Be, Nkiru Anyaegbunam
The Problem Of Blackness In America: Becoming When The Being Never Comes To Be, Nkiru Anyaegbunam
Dissertations, Theses, and Capstone Projects
The problem of Blackness in America is a consequence of the historical reality and continued legacies of colonialism, the triangular trade and chattel slavery that have been facilitated through violence and capitalism. This thesis will argue that this problem that is pronounced through racialized institutional systems of violence such as mass incarceration and housing inequality, which disproportionately negatively impacts Black Americans is part of a larger discourse on the human and (mis)recognition. This violence has created a quintessential incompleteness for Black Americans who neither are recognized as citizens nor human. The problem of Blackness will be continuously grounded in this …
The Human Rights Due Diligence Standard-Setting In The European Union: Bridging The Gap Between Ambition And Reality, Jernej Letnar Černič
The Human Rights Due Diligence Standard-Setting In The European Union: Bridging The Gap Between Ambition And Reality, Jernej Letnar Černič
Global Business Law Review
Globalization has, over the past decades, erased borders between continents and countries. It has propelled international trade to previously unforeseen heights. Nonetheless, it has brought about not only positive impact, but also negative consequences for individuals and communities worldwide. Businesses have often been alleged to have been directly or indirectly involved in human rights violations. On the other hand, rights-holders have often found it difficult to enforce corporate human rights obligations and accountability either at home or abroad. Nonetheless, the field of business and human rights has in recent years witnessed seminal developments from the adoption of binding laws in …
The Global Benefits Of The Law & Economics Framework In Legal Education: Overview (Part 1), Patrick H. Gaughan
The Global Benefits Of The Law & Economics Framework In Legal Education: Overview (Part 1), Patrick H. Gaughan
Akron Law Review
This is the first in a series of articles that overarchingly proposes that the globalization of markets necessitates the integration of the Law & Economics Framework into legal education across all legal systems. The goal of this article is to introduce readers to the Law & Economics Framework by providing an overview of relevant terms, concepts, and historical background. This article discusses the interplay of lawyers and globalization; defines the Law & Economic Framework and its origins; details relevant principles of economics; and delves into some criticisms of the Framework. The remainder of the series will be devoted to demonstrating …
Robert Cover And International Law—Narrative Nudges And Nomadic Nomos, Larry Catá Backer
Robert Cover And International Law—Narrative Nudges And Nomadic Nomos, Larry Catá Backer
Touro Law Review
What was once understood as a unified field of international law, emerging from the state system and centered on the rationalization of the relations among public authorities has fractured. What had been the expression of a unified narrative of the organization of human society around the allocation of political authority now searches for new bases for authority as states become market actors, market actors assume governmental authority, markets define the territories within which law is made and applied, and the normative proscriptions of traditional law are quantified and data driven. This essay considers the way that Robert Cover’s insights on …