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Articles 1 - 30 of 4602
Full-Text Articles in Law
Liability Of International Organizations For The Internationally Unlawful Act: Analytical Study Of The Draft Articles Of The International Law Commission, Mahmoud Burhan Outor Dr.
Liability Of International Organizations For The Internationally Unlawful Act: Analytical Study Of The Draft Articles Of The International Law Commission, Mahmoud Burhan Outor Dr.
مجلة جامعة الإمارات للبحوث القانونية UAEU LAW JOURNAL
One of the general principles in the law is that the physical or moral person takes responsibility in consequence of the act he is practicing. In international law, as well as in national law, the responsibility of persons arises if they engage in unlawful acts. This responsibility has been known in the past, but it has taken a legal framework that is somewhat late due to the recent emergence of some groups, such as international organizations that carry out their work tasks according to their specialization through their functional frameworks, their agents and contractors according to the rules of their …
Characterizing Legal Implications For The Use Of Transboundary Aquifers, Gabriel Eckstein
Characterizing Legal Implications For The Use Of Transboundary Aquifers, Gabriel Eckstein
Faculty Scholarship
Groundwater resources that traverse political boundaries are becoming increasingly important sources of freshwater in international and intranational arenas worldwide. This is a direct extension of the growing need for new sources of freshwater, as well as the impact that excessive extraction, pollution, climate change, and other anthropogenic activities have had on surface waters. It is also a function of the growing realization that groundwater respects no political boundaries, and that aquifers traverse jurisdictional lines at all levels of political geography.
Due to this growing awareness, questions pertaining to responsibility and liability are now being raised in relation to the use, …
Reforming Copyright Or Toward Another Science? A More Human Rights-Oriented Approach Under The Rebspa In Constructing A "Right To Research" For Scholarly Publishing, Klaus Beiter
Joint PIJIP/TLS Research Paper Series
This article identifies copyright impediments existing in the sphere of science, to then make (tentative) suggestions as to how these may be overcome. It focuses on scholarly publishing only, and here primarily on digital content, specifically asking whether expensive commercial scholarly publishers continue to “add value” to research in the digital era. The deficits of copyright law and potential solutions thereto are assessed in the light of the right of everyone “to enjoy the benefits of scientific progress and its applications” (REBSPA) as laid down in Article 15(1)(b) of the International Covenant on Economic, Social and Cultural Rights (ICESCR) of …
The Law And Politics Of Ransomware, Asaf Lubin
The Law And Politics Of Ransomware, Asaf Lubin
Articles by Maurer Faculty
What do Lady Gaga, the Royal Zoological Society of Scotland, the city of Valdez in Alaska, and the court system of the Brazilian state of Rio Grande do Sul all have in common? They have all been victims of ransomware attacks, which are growing both in number and severity. In 2016, hackers perpetrated roughly four thousand ransomware attacks a day worldwide, a figure which was already alarming. By 2020, however, ransomware attacks reached a staggering number, between 20,000 and 30,000 per day in the United States alone. That is a ransomware attack every eleven seconds, each of which cost victims …
Deciphering Lessons From The Ashes: Saving The Amazon, Shannon K. Woulfe
Deciphering Lessons From The Ashes: Saving The Amazon, Shannon K. Woulfe
Natural Resources Journal
For over forty years, Brazil, its subnational governments, Indigenous communities, other nations, non-governmental organizations, corporations, and individuals have worked to conserve the Amazon rainforest through a staggering number of diverse international initiatives. While some initiatives have supported Brazil in decreasing the rate of deforestation over the past fifteen years, the 2019 fires demonstrated that destruction continues. Left unchecked, this irreversible destruction promises to amplify. Fortunately, the long history of global involvement in Amazon conservation provides ample lessons for effective, place-based deforestation prevention. Thoughtful and coordinated international action can address the current lethal combination of destructive factors: Brazil’s environmentally hostile federal …
The Violence In Our Humanity: Principles, Action, And The Erosion Of State Sovereignty, Rasheed Idou
The Violence In Our Humanity: Principles, Action, And The Erosion Of State Sovereignty, Rasheed Idou
Theses and Dissertations
The past two decades have witnessed an increasing number of armed conflicts, both inter- and intra-nationally, and an even more increasing number of multilateral military interventions without UN Security Council authorization. Central to the discussion of these interventions are the themes of humanitarianism and state sovereignty. The aim of this thesis is to investigate the relationship between humanitarian imperatives and principles of sovereignty within the context of armed conflict to better understand the tensions that have led to the current global outcomes. In so doing, it identifies how humanitarian principles, imperatives, and actions have affected the contemporary conception of state …
Can Social Media Corporations Be Held Liable Under International Law For Human Rights Atrocities?, Juliana Palmieri
Can Social Media Corporations Be Held Liable Under International Law For Human Rights Atrocities?, Juliana Palmieri
Pace International Law Review
This article examines the relevant international law associated with genocide and hate speech and examines whether there are any legal grounds to hold a corporation liable for how people chose to use its product or service in relation to human rights violations. The analysis begins with a brief overview of international criminal and human rights law, relevant treaties, jurisdictional issues, and the legal theories of corporate criminal liability and complicity. Because current international law provides no clear answer, this article proposes that international courts use a balancing test which evaluates a non-exclusive list of ten main factors.
World War I And The Armenian Genocide: Laying The Groundwork For Crimes Against Humanity, Julia Koch
World War I And The Armenian Genocide: Laying The Groundwork For Crimes Against Humanity, Julia Koch
Pace International Law Review
For all of its advancements in international law, including delivering justice to the war criminals of the Second World War, the International Military Tribunal in Nuremberg has long been tainted with accusations of victors’ justice and criticized for violating the principle of nullem crimen sine lege. Such is the case for crimes against humanity, a crime that did not exist in positive international law until the 1945-46 legal proceedings in Nuremberg. But the historiography of the First World War—an era where punishment for war crimes is generally viewed as a wholesale failure—provides an additional, indeed novel, basis for understanding …
When To Bite: Why Hasn’T Argentina Terminated Its Bilateral Investment Treaties?, Selene I. Bonczok Sotelo
When To Bite: Why Hasn’T Argentina Terminated Its Bilateral Investment Treaties?, Selene I. Bonczok Sotelo
CUREJ - College Undergraduate Research Electronic Journal
Bilateral Investment Treaties (BITs) commit governments to behave “politely” towards foreign investors’ property rights and grant the latter the right to sue governments when violations occur. Some studies show that the greater the exposure to investment arbitration, the more likely states are to terminate their BITs. Other studies show that progressive governments are more likely to terminate treaties than economically liberal ones. In this paper, I argue that both ideology and exposure to investment arbitration are necessary but not sufficient conditions for countries when exiting BITs. As the case of Argentina shows, not all progressive governments prefer to exit the …
Inclusion Of Incentive And Punitive Measures In Multilateral Environmental Agreement: A Suggestion On How The United Nations Framework Convention On Climate Change Can Be Utilized To Influence The Reduction Of Gas Flaring In The Oil And Gas Exploration Fields Of Nigeria, Temiloluwa Elijah Olanrewaju
Inclusion Of Incentive And Punitive Measures In Multilateral Environmental Agreement: A Suggestion On How The United Nations Framework Convention On Climate Change Can Be Utilized To Influence The Reduction Of Gas Flaring In The Oil And Gas Exploration Fields Of Nigeria, Temiloluwa Elijah Olanrewaju
Dissertations & Theses
Gas flaring is categorized as one of the important contributors to greenhouse gases, which increases the risk of global warming and climate change. The overdependence of the modern economy and most industrial technologies on fossil fuels has created a situation in countries where fossil fuels are exploited. The governments rely majorly on the revenue from exporting oil. The IOCs that are engaged in the mining of oil and gas have been able to influence policy and law enforcement on gas flaring to such an extent that the National laws are not enforced, or the stipulated fines are abysmally low that …
Rebuilding Ukraine Will Be Costly. Here's How To Make Putin Pay., Evan Criddle
Rebuilding Ukraine Will Be Costly. Here's How To Make Putin Pay., Evan Criddle
Popular Media
No abstract provided.
The Global Practice Of Systematic Enforced Disappearances Of Children In International Law: Strategies For Preventing Future Occurrences And Solving Past Cases, Jeremy J. Sarkin, Elisenda Calvet Martinez
The Global Practice Of Systematic Enforced Disappearances Of Children In International Law: Strategies For Preventing Future Occurrences And Solving Past Cases, Jeremy J. Sarkin, Elisenda Calvet Martinez
Catholic University Law Review
The aim of this article is to first investigate and understand the widespread and systematic practice of enforced disappearances against children around the world, with a key purpose being to show that it is a regular occurrence. The article reviews the systematic disappearances of children in their historical context, beginning from the Second World War. A variety of country examples –some historical and some contemporary –are discussed to indicate the widespread nature of the practice. The variety of cases is used to understand why states participate in such practices and why children specifically are targeted as victims of enforced disappearances. …
English Courts And Transnational Islamic Divorces: What Role For Personal Liberty Of Muslim Women?, Ilias Bantekas
English Courts And Transnational Islamic Divorces: What Role For Personal Liberty Of Muslim Women?, Ilias Bantekas
University of Miami Race & Social Justice Law Review
English courts consider the validity of a talaq obtained abroad on the basis of the lex matrimonii, without examining whether the circumstance of the divorce, both factual and legal, offend English public policy. An anthropological inquiry into talaq obtained in most Muslim nations reveals that androcentric culture – as opposed to religious prescription as such – largely distorts the Quranic vision of this institution. This author suggests that English courts and the scholarly/religious community should entertain the notion of the contractual nature of nikah (marriage) in order to assess the consequences of the talaq. If a nikah is entered into …
The Political Economy Of Foreign Sovereign Immunity, Maryam Jamshidi
The Political Economy Of Foreign Sovereign Immunity, Maryam Jamshidi
UF Law Faculty Publications
The Foreign Sovereign Immunities Act (“FSIA”) prohibits civil litigation against foreign states, their agencies, and instrumentalities unless one of several enumerated exceptions to immunity applies. The most important of these exceptions is for the commercial activity of foreign sovereigns. While underappreciated, various capitalist interests have comported with and been furthered by the FSIA. Applying a political economy lens, this Article demonstrates how the statutory framework for private litigation against foreign sovereigns has aligned with interests and prerogatives associated with particular stages of capitalist development—as evidenced by the historical evolution of foreign sovereign immunity doctrine and the FSIA’s eventual passage; the …
Human Rights, Constitutional Rights, And Judicial Review: Comparing And Assessing Michael Perry's Early And Contemporary Arguments, Daniel O. Conkle
Human Rights, Constitutional Rights, And Judicial Review: Comparing And Assessing Michael Perry's Early And Contemporary Arguments, Daniel O. Conkle
Articles by Maurer Faculty
In this Essay, I explore, compare, and evaluate two theoretical models of judicial review in individual rights cases, each proposed by Professor Michael J. Perry, albeit in books separated by three and a half decades. In his 1982 book, The Constitution, the Courts, and Human Rights: An Inquiry into the Legitimacy of Constitutional Policymaking by the Judiciary, Early Perry embraced an aggressive form of judicial activism, urging the Supreme Court to test political judgments through an open-ended search for political-moral truth. Contemporary Perry, by contrast, takes a very different approach. In his 2017 book, A Global Political Morality: Human Rights, …
Does U.S. Federal Employment Law Now Cover Caste Discrimination Based On Untouchability?: If All Else Fails There Is The Possible Application Of Bostock V. Clayton County, Kevin D. Brown, Lalit Khandare, Annapurna Waughray, Kenneth G. Dau-Schmidt, Theodore M. Shaw
Does U.S. Federal Employment Law Now Cover Caste Discrimination Based On Untouchability?: If All Else Fails There Is The Possible Application Of Bostock V. Clayton County, Kevin D. Brown, Lalit Khandare, Annapurna Waughray, Kenneth G. Dau-Schmidt, Theodore M. Shaw
Articles by Maurer Faculty
This article discusses the issue of whether a victim of caste discrimination based on untouchability can assert a claim of intentional employment discrimination under Title VII or Section 1981. This article contends that there are legitimate arguments that this form of discrimination is a form of religious discrimination under Title VII. The question of whether caste discrimination is a form of race or national origin discrimination under Title VII or Section 1981 depends upon how the courts apply these definitions to caste discrimination based on untouchability. There are legitimate arguments that this form of discrimination is recognized within the concept …
Internally Displaced Persons & Covid-19 Under International Law, Bezawit G. Abebe
Internally Displaced Persons & Covid-19 Under International Law, Bezawit G. Abebe
Theses and Dissertations
The issue of Internally Displaced Persons (IDP) has been overshadowed by global attention on those who flee across an international border, recognized as refugees. In most cases, the only difference between IDPs and refugees is crossing an international border. This research examines the plight of (IDPs) from the perspective of international law and the additional vulnerabilities the Covid 19 pandemic brought them. The rapid growth of IDPs due to wars and disasters is concerning. Furthermore, the challenges for these already vulnerable IDPs are exacerbated by the Covid-19 global pandemic. The authority to regulate IDPs and their rights is left to …
Structural Racism And The Redressing Of Foundational Wrongs, Natsu Taylor Saito
Structural Racism And The Redressing Of Foundational Wrongs, Natsu Taylor Saito
Journal of Race, Gender, and Ethnicity
No abstract provided.
Torturous Journeys: Cruelty, International Law, And Pushbacks And Pullbacks Over The Mediterranean Sea, Jamal Barnes
Torturous Journeys: Cruelty, International Law, And Pushbacks And Pullbacks Over The Mediterranean Sea, Jamal Barnes
Research outputs 2022 to 2026
Boat pushbacks and pullbacks by Italy and the European Union (EU) have returned migrants and refugees to Libya where they have been subjected to brutal human rights violations, such as torture and ill-treatment. This article argues that these pushbacks and pullbacks not only undermine key human rights principles, but they are also an act of cruelty. As Italy and the EU have used the law to evade their international human rights and refugee obligations, the law has had distributive effects that have shaped migration pathways and exacerbated the vulnerability of migrants and refugees to torture. Not only have legal manoeuvres …
The Elastic Corporate Form In International Law, Julian Arato
The Elastic Corporate Form In International Law, Julian Arato
Articles
The corporate form is being distorted by international law. Surprisingly, this is occurring in the law of foreign investment, where one would expect the stability and efficiency of corporate formalities to matter most. The main driver is a highly enforceable mode of treaty-based arbitration known as investor-state dispute settlement (ISDS), which affords foreign investors a private right of action to sue sovereign states. Questions of corporate law come up regularly in ISDS. But when addressing them, tribunals have varied widely in their respect for core formalities. This is undermining the basic relationships among all corporate stakeholders—including shareholders, management, creditors, governments, …
The Illegally Traded Elephant In The Room: Species Terrorism & Combating Illegal Wildlife Trade, Áine Dillon
The Illegally Traded Elephant In The Room: Species Terrorism & Combating Illegal Wildlife Trade, Áine Dillon
Pace International Law Review
The illegal wildlife trade has been a dilemma for decades
and remains prevalent globally – international intervention is
required now. While most countries participate in the Convention
on International Trade in Endangered Species of Wild
Fauna and Flora (“CITES”), not all countries have the same approaches
to combating the illegal wildlife trade. Unique approaches
can be beneficial because each illegally traded species
requires a different response, and countries with limited resources
can also participate. However, the lack of a unified response
hinders the global fight against the illegal wildlife trade.
While traditional methods to combat crime, such as passing
laws, …
Securing The Precipitous Heights: U.S. Lawfare As A Means To Confront China At Sea, In Space, And Cyberspace, Garret S. Bowman
Securing The Precipitous Heights: U.S. Lawfare As A Means To Confront China At Sea, In Space, And Cyberspace, Garret S. Bowman
Pace International Law Review
No abstract provided.
Corporate Wealth Over Public Health? Assessing The Resilience Of Developing Countries' Covid-19 Responses Against Investment Claims And The Implications For Future Public Health Crises, Tim Hagemann
Pace International Law Review
In the wake of the Covid-19 pandemic, states around the world swiftly enacted a multitude of far-reaching emergency responses to contain the viruses’ spread and to cope with the economic repercussions of the ensuing crisis. However, these measures detrimentally impacted the operating conditions of many businesses or, at the least, decreased their profitability. As this inevitably affected foreign investments, investors could be tempted to invoke “Investor State Dispute Settlement” (“ISDS”) clauses in International Investment Agreements (IIAs) to initiate proceedings before arbitral tribunals and seek compensation for loss of profit caused by states’ Covid-19 responses. Due to the specific circumstances in …
Overhaul Of The Sdt Provisions In The Wto: Separating The Eligible From The Ineligible, Md. Rizwanul Islam
Overhaul Of The Sdt Provisions In The Wto: Separating The Eligible From The Ineligible, Md. Rizwanul Islam
Pace International Law Review
The special and differential treatment (“SDT”) provisions have been a recurring feature in the agreements of the World Trade Organization (“WTO”) treaties. However, most analysts would probably agree that the many SDT provisions have been more aspirational than operational. Hence, there is little surprise that even a selective review of the WTO jurisprudence would demonstrate that the SDT provisions have, in most cases, not done enough for their intended beneficiaries. This paper will analyze the limitations of the SDT provisions with reference to the relevant WTO jurisprudence. It will seek to explore two potential avenues of endeavoring to make the …
Out Of Reach: The Mdlea’S Impermissible Extraterritorial Reach On Maritime Drug–Traffickers, Andres Chinchilla
Out Of Reach: The Mdlea’S Impermissible Extraterritorial Reach On Maritime Drug–Traffickers, Andres Chinchilla
University of Miami Inter-American Law Review
46 U.S.C. § 70503, known as the Maritime Drug Law Enforcement Act (MDLEA), prohibits individuals on board covered vessels from manufacturing, distributing, or possessing with an intent to distribute or manufacture, a controlled substance. The statute, as enacted, permits the prosecution of individuals arrested beyond U.S. jurisdiction and even within the territorial seas of other States. This provision is argued to be an impermissible extraterritorial reach absent a nexus requirement—showing a connection between the drug smuggling activity and the U.S. Recently, the Eleventh Circuit Court of Appeals held the statute’s extraterritorial reach and lack of nexus requirement as unconstitutional under …
Defend Forward & Sovereignty: How America’S Cyberwar Strategy Upholds International Law, Elya Taichman
Defend Forward & Sovereignty: How America’S Cyberwar Strategy Upholds International Law, Elya Taichman
University of Miami Inter-American Law Review
To thwart a seemingly neve rending bombardment of cyberattacks, the U.S. Department of Defense recently implemented a new strategy – defending forward. This approach demands persistently engaging the enemy on a daily basis to disrupt cyber activity. Rather than waiting to be attacked, the United States is bringing the fight to the enemy. However, this strategy poses fascinating and complex questions of international law. In particular, because most defend forward operations fall within the gray zone of warfare, it remains unclear whether these operations violate the sovereignty of American adversaries or even third party nation states in whose cyberspace U.S. …
Utilizing International Law To Move The Jeffersons On Up To The East Side--Exploring The Potential Of International Law To Support Domestic Social Mobility, Itai Apter
University of St. Thomas Law Journal
No abstract provided.
Richard Falk's Cosmopolitan View Of Sovereignty: The Ambition Of Necessity To Pursue World Order Through Law, Henry F. Carey, Stacey M. Mitchell
Richard Falk's Cosmopolitan View Of Sovereignty: The Ambition Of Necessity To Pursue World Order Through Law, Henry F. Carey, Stacey M. Mitchell
University of St. Thomas Law Journal
No abstract provided.
Globalization Dies And Gives Way To A Multipolar World Order, Michael O'Sullivan
Globalization Dies And Gives Way To A Multipolar World Order, Michael O'Sullivan
University of St. Thomas Law Journal
No abstract provided.
Sovereignty And The World Economy, Paul B. Stephan
Sovereignty And The World Economy, Paul B. Stephan
University of St. Thomas Law Journal
No abstract provided.