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Full-Text Articles in Law

Unilateral Non-Colonial Secessions: An Affirmation Of The Right To Self-Determination And A Legal Exception To The Use Of Force In International Law, Ilya Berlin Aug 2017

Unilateral Non-Colonial Secessions: An Affirmation Of The Right To Self-Determination And A Legal Exception To The Use Of Force In International Law, Ilya Berlin

Electronic Thesis and Dissertation Repository

Secession has contributed to nearly 50 intra-state armed conflicts around the world, and remains a complex issue in public international law. Over the past 72 years, several cases stand out as providing evidence of state practice with regards to invoking a successful right to unilateral secession: Bangladesh, Croatia, South Sudan, East Timor, Eritrea and Kosovo, to name a few. However, apart from invoking a right to secession, these cases also share a common factor that legitimized their independence: their Unilateral Non-Colonial (UNC) secessions became legal as a result of two factors: (i) an invocation of a right to self-determination which ...


Affirming Brahimi: East Timor Makes The Case For A Model Criminal Code, Megan A. Fairlie Jul 2017

Affirming Brahimi: East Timor Makes The Case For A Model Criminal Code, Megan A. Fairlie

Megan A. Fairlie

No abstract provided.


Public Law, Private Actors: The Impact Of Human Rights On Business Investors In China Symposium: Doing Business In China, Diane F. Orentlicher, Timothy A. Gelatt Jun 2017

Public Law, Private Actors: The Impact Of Human Rights On Business Investors In China Symposium: Doing Business In China, Diane F. Orentlicher, Timothy A. Gelatt

Diane Orentlicher

Should companies invest at all in countries, like China, where severe human rights abuses are pervasive? If they do invest, should they restrict their operations to areas of the country that have a comparatively good human rights record? Are there basic principles that transnational companies should observe to ensure, at a minimum, that they do not become complicit in a host government's abrogation of universally-recognized human rights? Should such principles be enforced by Executive or congressional fiat, or should companies take primary responsibility for policing themselves? How can companies that wish to factor human rights considerations into their business ...


We Are Not Alone: How Extraterritorial Application Of The Endangered Species Act Can Preserve International Endangered Species And Habitats, Katherine M. Macrae May 2017

We Are Not Alone: How Extraterritorial Application Of The Endangered Species Act Can Preserve International Endangered Species And Habitats, Katherine M. Macrae

Ocean and Coastal Law Journal

The Great Barrier Reef is the world’s largest coral reef ecosystem and is currently in danger of irreparable destruction due to natural and human-made environmental disturbance. This paper focuses on a case, Center for Biological Diversity v. Export-Import Bank, concerning the extraterritoriality application of the Endangered Species Act to a Federal agency’s funding of liquefied natural gas projects in Australia requiring, in part, the dredging of portions of the Great Barrier Reef. As the health of UNESCO World Heritage Sites and other environmentally protected and culturally important geography is jeopardized, United States’ government activity in foreign jurisdictions raises ...


No Lost Generations: Refugee Children And Their Human Right To Education, From The Holocaust To The Syrian Civil War, Jessica Warner Mar 2017

No Lost Generations: Refugee Children And Their Human Right To Education, From The Holocaust To The Syrian Civil War, Jessica Warner

MAIS Projects and Theses

International law protects the right to education for refugee children, as is stated in multiple treaties and documents, such as the Universal Declaration of Human Rights (1948), the Convention Relating to the Status of Refugees (1951), the International Covenant on Economic, Social, and Cultural Rights (1966), and the Convention on the Rights of the Child (1990). The purpose of this research is to highlight the historical development of education for refugee children, through programs led by Intergovernmental Organizations (IGOs), as well as to emphasize the importance of education as part of current humanitarian interventions. This thesis examines a past example ...


The Battle Over Scientific Whaling: A New Proposal To Stop Japan’S Lethal Research And Reform The International Whaling Commission, Laura Hoey Feb 2017

The Battle Over Scientific Whaling: A New Proposal To Stop Japan’S Lethal Research And Reform The International Whaling Commission, Laura Hoey

William & Mary Environmental Law and Policy Review

No abstract provided.


Arctic Policy Of The Republic Of Korea, Dongmin Jin, Won-Sang Seo, Seokwoo Lee Feb 2017

Arctic Policy Of The Republic Of Korea, Dongmin Jin, Won-Sang Seo, Seokwoo Lee

Ocean and Coastal Law Journal

Korea has been aware of the humanitarian and national significance of the Arctic and Antarctic since before the millennium. On the one hand, Korea has strived in the field of scientific research by joining the Antarctic Treaty System. On the other hand, Korea has promoted various economic cooperation with the Arctic nations. Korea joined the Antarctic Treaty System in 1986, established the Antarctic King Sejong Station in 1988, established the Arctic Dasan Station in Ny-Ålesund, Norway in 2002, and joined the Svalbard Treaty in 2012. Furthermore, Korea has participated in summits with the Arctic nations since 2008. In 2012, President ...


The Arctic In The Public Order Of The World Community, Charles H. Norchi Feb 2017

The Arctic In The Public Order Of The World Community, Charles H. Norchi

Ocean and Coastal Law Journal

From early ages of exploration, the Arctic idea has resided in collective memories well beyond polar realms. For people who live in the Arctic, that idea is a way of life that incorporates traditions and indigenous knowledge evolved to cope with demanding conditions. Consequences of cryospheric changes are causing states and non-states to assert more intense claims to Arctic resources. The Arctic is a base of power, wealth, and other values. Competence to make and apply law in a manner that accommodates inclusive versus exclusive demands in the common interest is of great import to the public order of the ...


Introduction, Senator Angus King Feb 2017

Introduction, Senator Angus King

Ocean and Coastal Law Journal

On September 13, 2016, the Crystal Serenity, a cruise ship with over one thousand passengers, arrived in Bar Harbor, Maine. The 790-foot ship would not be an unusual sight in Downeast Maine this time of year but for the fact that it had just completed an historic voyage through the Arctic Ocean’s Northwest Passage. As the largest commercial cruise ship to navigate the once frozen passage, the Crystal Serenity offers a glimpse into the changes in the Arctic region and the impact that those changes are already having on the State of Maine. Several weeks after the Crystal Serenity ...


Grave Crimes And Weak Evidence: Fact-Finding Evolution In International Criminal Law, Nancy Amoury Combs Jan 2017

Grave Crimes And Weak Evidence: Fact-Finding Evolution In International Criminal Law, Nancy Amoury Combs

Faculty Publications

International criminal courts carry out some of the most important work that a legal system can conduct: prosecuting those who have visited death and destruction on millions. Despite the significance of their work--or perhaps because of it--international courts face tremendous challenges. Chief among them is accurate fact-finding. With alarming regularity, international criminal trials feature inconsistent, vague, and sometimes false testimony that renders judges unable to assess with any measure of certainty who did what to whom in the context of a mass atrocity. This Article provides the first-ever empirical study quantifying fact-finding in an international criminal court. The study shines ...


Tallinn, Hacking, And Customary International Law, Ahmed Ghappour Jan 2017

Tallinn, Hacking, And Customary International Law, Ahmed Ghappour

Faculty Scholarship

Tallinn 2.0 grapples with the application of general international law principles through various hypothetical fact patterns addressed by its experts. In doing so, its commentary sections provide a nonbinding framework for thinking about sovereignty, raising important considerations for states as they begin to articulate norms to resolve the question of precisely what kinds of nonconsensual cyber activities violate well-established international laws — a question that will likely be the focus of international lawyers in this area for some time to come.

This essay focuses on one area of state practice where states are already dealing with these issues: the use ...


Rethinking East Mediterranean Security: Powers, Allies & International Law, Sami Dogru, Herbert Reginbogin Jan 2017

Rethinking East Mediterranean Security: Powers, Allies & International Law, Sami Dogru, Herbert Reginbogin

Touro Law Review

No abstract provided.


Back To The Future: The Digital Millennium Copyright Act And The Trans-Pacific Partnership, Matthew Rimmer Dec 2016

Back To The Future: The Digital Millennium Copyright Act And The Trans-Pacific Partnership, Matthew Rimmer

Matthew Rimmer

The Trans-Pacific Partnership (TPP) is a trade agreement, which seeks to regulate copyright law, intermediary liability, and technological protection measures. The United States Government under President Barack Obama sought to export key features of the Digital Millennium Copyright Act 1998 (US) (DMCA). Drawing upon the work of Joseph Stiglitz, this paper expresses concerns that the TPP would entrench DMCA measures into the laws of a dozen Pacific Rim countries. This study examines four key jurisdictions—the United States, Canada, Australia, and New Zealand—participating in the TPP. This paper has three main parts. Part 2 focuses upon the takedown-and-notice scheme ...


The Legitimacy Crisis In Investment Treaty Arbitration: Privatizing Public International Law Through Inconsistent Decisions, Susan D. Franck Nov 2016

The Legitimacy Crisis In Investment Treaty Arbitration: Privatizing Public International Law Through Inconsistent Decisions, Susan D. Franck

Susan Franck

No abstract provided.


Free Trade Or Sustainable Development? An Analysis Of The Wto Appellate Body's Shift To A More Balanced Approach To Trade Liberalization, Padideh Ala'i Nov 2016

Free Trade Or Sustainable Development? An Analysis Of The Wto Appellate Body's Shift To A More Balanced Approach To Trade Liberalization, Padideh Ala'i

Padideh Ala'i

No abstract provided.


Introduction, Padideh Ala'i Nov 2016

Introduction, Padideh Ala'i

Padideh Ala'i

No abstract provided.


Free Trade Or Sustainable Development? An Analysis Of The Wto Appellate Body's Shift To A More Balanced Approach To Trade Liberalization, Padideh Ala'i Nov 2016

Free Trade Or Sustainable Development? An Analysis Of The Wto Appellate Body's Shift To A More Balanced Approach To Trade Liberalization, Padideh Ala'i

Padideh Ala'i

No abstract provided.


Turkey: At The Crossroads Of Secular West And Traditional East, Padideh Ala'i Nov 2016

Turkey: At The Crossroads Of Secular West And Traditional East, Padideh Ala'i

Padideh Ala'i

No abstract provided.


Introduction, Padideh Ala'i Nov 2016

Introduction, Padideh Ala'i

Padideh Ala'i

No abstract provided.


A Realist Approach To Copyright Law's Formalities, Michael W. Carroll Nov 2016

A Realist Approach To Copyright Law's Formalities, Michael W. Carroll

Michael W. Carroll

Rejecting the conventional story that formalities in copyright law were abolished by the Berne Convention, this Article demonstrates that privately administered systems of formalities play a significant role in the administration of copyright law worldwide. Indeed, they must because copyright is designed to support a transaction structure which requires rightsholders who seek to attract licensing partners to go through some formal step to identify themselves and the works in which they have a legal or beneficial interest. Canvassing the landscape of mandatory and voluntary public and private systems of formalities, this article argues that: (1) national policymakers retain more policy ...


Promises Of Accession: Reassessing The Trade Relationship Between Turkey And The European Union, Fernanda G. Nicola Nov 2016

Promises Of Accession: Reassessing The Trade Relationship Between Turkey And The European Union, Fernanda G. Nicola

Fernanda G. Nicola

No abstract provided.


Prologue, Claudio Grossman Nov 2016

Prologue, Claudio Grossman

Claudio M. Grossman

No abstract provided.


Prologue, Claudio Grossman Nov 2016

Prologue, Claudio Grossman

Claudio M. Grossman

No abstract provided.


The Logic Of Contract In The World Of Investment Treaties, Julian Arato Nov 2016

The Logic Of Contract In The World Of Investment Treaties, Julian Arato

William & Mary Law Review

Investment treaties protect foreign investors who contract with sovereign states. It remains unclear, however, whether parties are free to contract around these treaty rules, or whether treaty provisions should be understood as mandatory terms that constrain party choice. While investment treaties clearly apply to contracts in some way, they are silent as to how these instruments ultimately interact. Moreover, arbitral jurisprudence has varied wildly on this point, creating significant problems of certainty, efficiency, and fairness—for states and foreign investors alike.

This Article reappraises the treaty/contract issue from the ex ante perspective of contracting states and foreign investors. I ...


The Common Law Of War, Jens David Ohlin Nov 2016

The Common Law Of War, Jens David Ohlin

William & Mary Law Review

In recent litigation before U.S. federal courts, the government has argued that military commissions have jurisdiction to prosecute offenses against the “common law of war,” which the government defines as a body of domestic offenses, such as inchoate conspiracy, that violate the American law of war. This Article challenges that definition by arguing that stray references to the term “common law of war” in historical materials meant something completely different. By examining the Lieber Code, the writings of early natural law theorists, and early American judicial decisions, this Article concludes that the “common law of war” referred to a ...


Submission To The Joint Standing Committee On Treaties On The Paris Agreement, Matthew Rimmer Sep 2016

Submission To The Joint Standing Committee On Treaties On The Paris Agreement, Matthew Rimmer

Matthew Rimmer

The Joint Standing Committee on Treaties is inquiring into the Paris Agreement of the United Nations Framework Convention on Climate Change 2015 [2016] ATNIF 31. The Australian Government has produced a National Interest Analysis [2016] ATNIA 10. Amongst other things, the Paris Agreement 2015 featured significant debate over the role of technology in respect of addressing climate change.

The United Nations Secretary-General Ban Ki-Moon has commented: ‘Intellectual property, technology transfer, and financing are among a wide range of topics that must be addressed in the context of climate change and sustainable development’. The Paris Climate Talks considered a number of ...


Independence Without Accountability: The Paradox Of Egypt’S Judiciary, Sahar Aziz Aug 2016

Independence Without Accountability: The Paradox Of Egypt’S Judiciary, Sahar Aziz

Sahar F. Aziz

Among the myriad questions surrounding the study of the “Arab Spring,” the one that has engendered much scholarly debate is “What happened to Egypt’s revolution?” Answers abound in explaining why Egypt today is more authoritarian than in the final years of the Mubarak regime. No single factor or theory suffices to explain the complex political, economic, and social forces intersecting over the past four tumultuous years. Indeed, scholars are likely to spend many years, if not decades, deconstructing the buildup to and aftermath of what is now coined the “January 25th Revolution.” Accordingly, this Article cautiously proceeds to examine ...


Vultures Or Vanguards?: The Role Of Litigation In Sovereign Debt Restructuring, Jill E. Fisch, Caroline M. Gentile Aug 2016

Vultures Or Vanguards?: The Role Of Litigation In Sovereign Debt Restructuring, Jill E. Fisch, Caroline M. Gentile

Jill Fisch

No abstract provided.


Partner Capture In Public International Organizations, Christopher G. Bradley Aug 2016

Partner Capture In Public International Organizations, Christopher G. Bradley

Christopher Bradley

A sharp rise of public-private partnerships is changing the way the United Nations and other public international organizations work. Organizations eagerly embrace wealthy, experienced partners, such as major foundations and corporations, in order to fund ambitious projects. But safeguards against potential problems have not kept pace with partnership activities. Looking to fundamental principles of public choice and political economy well-known in the U.S. administrative law context, this Article develops a multifaceted notion of “partner capture” to describe the dangers of this expansion in partnership activities for the U.N. and similar organizations. The dangers include agenda distortion, intra-organizational rivalries ...


Putting The Spotlight On “The Terminator”: How The Icc Prosecution Of Bosco Ntaganda Could Reduce Sexual Violence During Conflict, Sarah T. Deuitch Jun 2016

Putting The Spotlight On “The Terminator”: How The Icc Prosecution Of Bosco Ntaganda Could Reduce Sexual Violence During Conflict, Sarah T. Deuitch

William & Mary Journal of Women and the Law

No abstract provided.