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Articles 1 - 30 of 23466

Full-Text Articles in International Law

Death On The High Seas: The Demise Of Tovalop And Cristal, Susan Bloodworth Aug 2018

Death On The High Seas: The Demise Of Tovalop And Cristal, Susan Bloodworth

Florida State University Journal of Land Use and Environmental Law

In this Comment, the author provides an overview of TOVALOP and CRISTAL. The author also discusses other U.S. and international remedies for oil spill damages. An evaluation of the ramifications which are being realized because TOVALOP and CRISTAL are no longer enforced follows. This Comment concludes by suggesting that any future oil pollution compensation scheme must include TOVALOP and CRISTAL because these agreements provided the greatest likelihood of compensation to those damaged by maritime oil pollution.


Indigenous Land Tenure And Nationalisation Of Land In Nigeria, P. Ehi Oshio Aug 2018

Indigenous Land Tenure And Nationalisation Of Land In Nigeria, P. Ehi Oshio

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Developer Obligations For Public Services In Israel: Law And Social Policy In A Comparative Perspective, Rachelle Alterman Aug 2018

Developer Obligations For Public Services In Israel: Law And Social Policy In A Comparative Perspective, Rachelle Alterman

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


International Pesticide Trade: Is There Any Hope For The Effective Regulation Of Controlled Substances?, Jefferson D. Reynolds Aug 2018

International Pesticide Trade: Is There Any Hope For The Effective Regulation Of Controlled Substances?, Jefferson D. Reynolds

Florida State University Journal of Land Use and Environmental Law

In this Article, the author argues for stronger regulation, both domestically and internationally, of the importation of toxic pesticides into developing countries. Additionally, he argues there should be greater exchange of information regarding the danger and proper use of toxic pesticides. The author begins by discussing the adverse health and environmental effects of unregulated pesticides. He also explores the idea that while pesticides are heavily regulated in the United States, the importation of unregulated toxic pesticides into developing countries usually results in the pesticides finding their way back into the United States' food supply through what is known as the ...


Water Disputes In The Middle East: An International Law Analysis Of The Israel-Jordan Peace Accord, Raed Mounir Fathallah Aug 2018

Water Disputes In The Middle East: An International Law Analysis Of The Israel-Jordan Peace Accord, Raed Mounir Fathallah

Florida State University Journal of Land Use and Environmental Law

This Article discusses the role of the Jordan River basin in the peace accord (Treaty) between the state of Israel and the Hashemite Kingdom of Jordan. After reviewing past water disputes involving the Jordan River, the water allocation and management sections of the Treaty are compared with the Treaty's predecessor, the Main Plan. Even though it was never ratified, both Israel and Jordan tacitly conducted their respective water polices in accordance with the Main Plan. This discussion is followed by a comparison of the Treaty with the substantive and procedural requirements of the International Law Commission Draft Articles and ...


Discriminatory Nationality Laws Must Be Eliminated In Order To Eradicate Statelessness, Neda Shaheen Aug 2018

Discriminatory Nationality Laws Must Be Eliminated In Order To Eradicate Statelessness, Neda Shaheen

DePaul Journal for Social Justice

No abstract provided.


Ageism, Human Rights, And The European Court Of Human Rights: A Critical Analysis Of The Carvalho V. Portugal Case (2017), Israel Doron Prof. Aug 2018

Ageism, Human Rights, And The European Court Of Human Rights: A Critical Analysis Of The Carvalho V. Portugal Case (2017), Israel Doron Prof.

DePaul Journal for Social Justice

No abstract provided.


Belligerent Obligations Under Article 18(1) Of The Second Geneva Convention: The Impact Of Sovereign Immunity, Booty Of War, And The Obligation To Respect And Protect War Graves, Wolff Heintschel Von Heinegg Aug 2018

Belligerent Obligations Under Article 18(1) Of The Second Geneva Convention: The Impact Of Sovereign Immunity, Booty Of War, And The Obligation To Respect And Protect War Graves, Wolff Heintschel Von Heinegg

International Law Studies

Article 18(1) of the Second Geneva Convention requires parties to an international armed conflict, “after each engagement” and “without delay,” to “take all possible measures to search for and collect the wounded and sick, to protect them against pillage and ill-treatment, to ensure their adequate care, and to search for the dead and prevent their being despoiled.” This article focuses on the latter obligation: the duty to search for and collect the dead. It assesses this obligation in light of the International Committee of the Red Cross 2017 Commentary on the Second Geneva Convention, the first such commentary completed ...


The Updated Icrc Commentary On The Second Geneva Convention: Demystifying The Law Of Armed Conflict At Sea, Bruno Demeyere, Jean-Marie Henckaerts, Heleen Hiemstra, Ellen Nohle Aug 2018

The Updated Icrc Commentary On The Second Geneva Convention: Demystifying The Law Of Armed Conflict At Sea, Bruno Demeyere, Jean-Marie Henckaerts, Heleen Hiemstra, Ellen Nohle

International Law Studies

Since their publication in the 1950s and 1980s respectively, the Commentaries on the Geneva Conventions of 1949 and their Additional Protocols of 1977 have become a major reference for the application and interpretation of those treaties. The International Committee of the Red Cross, together with a team of renowned experts, is currently updating these Commentaries in order to document developments and provide up-to-date interpretations of the treaty texts. Following a brief overview of the methodology and process of the update as well as a historical background to the Second Geneva Convention, this article addresses the scope of applicability of the ...


Safety From Flawed Forensic Sciences Evidence, Boaz Sangero Aug 2018

Safety From Flawed Forensic Sciences Evidence, Boaz Sangero

Georgia State University Law Review

This article addresses the way to safety in the context of forensic sciences evidence. After presenting the current lack of safety, which I term “unsafety,” I raise some possible safety measures to contend with this. My suggestions are grounded on two bases: first, the specific analysis of each type of evidence in line with the most recent research on the subject; and second, modern safety theory and its application to the criminal justice system. It is important to stress that my proposals represent only some of the conceivable safety measures. Developing a comprehensive safety theory for the criminal justice system ...


The Uk Forensic Science Regulator: A Model For Forensic Science Regulation?, Carole Mccartney, Emmanuel N. Amoako Aug 2018

The Uk Forensic Science Regulator: A Model For Forensic Science Regulation?, Carole Mccartney, Emmanuel N. Amoako

Georgia State University Law Review

The use of an array of scientific techniques and technologies is now considered customary within criminal justice, with technological developments and scientific advancements regularly added to the crime investigator’s arsenal. However, the scientific basis, reliability, and fallibility of the application of such “forensic science” (and the resulting scientific evidence) continues to come under intense scrutiny. In response to apparently irremediable problems with the quality of scientific evidence in the United Kingdom (UK), the government created the role of “Forensic Science Regulator” in 2007.

The introduction of a regulator was intended to establish quality standards for all forensic science providers ...


Chapter 8: Indigenous Belonging: Membership And Identity In The Undrip: Articles 9, 33, 35, And 36, Shin Imai, Kathryn Gunn Jul 2018

Chapter 8: Indigenous Belonging: Membership And Identity In The Undrip: Articles 9, 33, 35, And 36, Shin Imai, Kathryn Gunn

Shin Imai

The recognition of Indigenous peoples' right to determine their own membership is crucial for their ability to meaningfully exercise their right to self-determination. The Declaration addresses rights of membership directly in Article 9 (right to belong), 33 (right to determine membership), 35 (right to determine responsibilities of members), and 36 (right to maintain relations across borders). Together, these provisions reinforce the right of Indigenous peoples to define themselves, both in terms of membership and geographic scope.


"Cerd-Ain" Reform: Dismantling The School-To-Prison Pipeline Through More Thorough Coordination Of The Departments Of Justice And Education, Lisa A. Rich Jul 2018

"Cerd-Ain" Reform: Dismantling The School-To-Prison Pipeline Through More Thorough Coordination Of The Departments Of Justice And Education, Lisa A. Rich

Lisa A. Rich

In the last year of his presidency, President Barack Obama and his administration have undertaken many initiatives to ensure that formerly incarcerated individuals have more opportunities to successfully reenter society. At the same time, the administration has been working on education policy that closes the achievement gap and slows the endless flow of juveniles into the school-to-prison pipeline. While certainly laudable, there is much more that can be undertaken collaboratively among executive branch agencies to end the school-to-prison pipeline and the endless cycle of people re-entering the criminal justice system.

This paper examines the rise of the school-to-prison pipeline through ...


Lest We Fail: The Importance Of Enforcement In International Criminal Law, Mary Margaret Penrose Jul 2018

Lest We Fail: The Importance Of Enforcement In International Criminal Law, Mary Margaret Penrose

Meg Penrose

No abstract provided.


The Abiding Problem Of Witness Statements In International Criminal Trials, Megan A. Fairlie Jul 2018

The Abiding Problem Of Witness Statements In International Criminal Trials, Megan A. Fairlie

Megan A. Fairlie

Recent amendments to the Rules of Procedure and Evidence for the International Criminal Court (“ICC”) give Trial Chambers the discretion to admit unexamined, party-generated witness statements in lieu of live testimony. The use of this evidence—which undermines the right of confrontation and prevents the judges from independently assessing witness credibility—is now a hotly contested issue in each of the Court’s ongoing trials. As ICC judges grapple with the thorny question of how to implement these new provisions without undermining the right to a fair trial, this Article, which is the first to examine the rule amendments and ...


Kavanaugh And The Military Commissions: Reading The Law “As Written” For An Unpopular Defendant, Peter Margulies Jul 2018

Kavanaugh And The Military Commissions: Reading The Law “As Written” For An Unpopular Defendant, Peter Margulies

Law Faculty Scholarship

No abstract provided.


The Sec And Foreign Private Issuers: A Path To Optimal Public Enforcement, Yuliya Guseva Jul 2018

The Sec And Foreign Private Issuers: A Path To Optimal Public Enforcement, Yuliya Guseva

Boston College Law Review

This Article examines SEC enforcement policies and seeks to find the optimum approach to enforcement against foreign private issuers. My previous empirical study of securities class actions against foreign firms identified a number of crucial developments that mainly occurred after Morrison v. National Australia Bank. In Morrison, the Supreme Court sought to limit the extraterritorial reach of the antifraud provisions of the U.S. securities laws. The Court has scaled down the exposure of foreign issuers to securities liability risk, particularly in class-action litigation. If the Supreme Court in Morrison has created a risky enforcement lacuna on the side of ...


A Slap On The Wrist: Combatting Russia’S Cyber Attack On The 2016 U.S. Presidential Election, Christina Lam Jul 2018

A Slap On The Wrist: Combatting Russia’S Cyber Attack On The 2016 U.S. Presidential Election, Christina Lam

Boston College Law Review

On June 14, 2016, suspicions emerged that Russia launched a cyber attack on the U.S. Democratic National Committee in the midst of an extremely contentious presidential election season. The damage was extensive, occurring over a series of months and resulting in numerous leaks of highly sensitive information regarding Democratic Presidential Candidate Hillary Clinton. After it was verified that Russia was behind the cyber attack, President Barack Obama relied on general and anachronistic principles of international law to issue a grossly ineffective response. Russia’s cyber attack and the U.S. response thus highlighted the ways in which international law ...


New Ebola Outbreak In Africa Is A Major Test For The Who, Lawrence O. Gostin Jul 2018

New Ebola Outbreak In Africa Is A Major Test For The Who, Lawrence O. Gostin

Georgetown Law Faculty Publications and Other Works

On May 8, the Democratic Republic of Congo (DRC) notified the World Health Organization (WHO) of a confirmed outbreak of Ebola in Bikoro, on the shores of Lake Tumba in Équateur Province. Ebola in the DRC is not unexpected. The first-ever identified Ebola outbreak occurred in the DRC—then Zaire—in 1976. This is the ninth of DRC’s outbreaks, which until now have been confined mainly to rural areas. With high fatality rates, earlier outbreaks quickly burned out due to the natural firewall of remoteness.

Bikoro and a nearby village, Ikoko-Impenge, are rural, but on May 16, the WHO ...


China’S Non-Tariff Measures And Consequent Obstacles To Trade Jul 2018

China’S Non-Tariff Measures And Consequent Obstacles To Trade

Santa Clara Journal of International Law

China’s Non-Tariff Measures and Consequent Obstacles to Trade


The Impact Of The Singapore International Commercial Court And Hague Convention On Choice Of Court Agreements On Singapore’S Private International Law, Wei Yao, Kenny Chng Jul 2018

The Impact Of The Singapore International Commercial Court And Hague Convention On Choice Of Court Agreements On Singapore’S Private International Law, Wei Yao, Kenny Chng

Research Collection School Of Law

The advent of the Singapore International Commercial Court (SICC) and the enactment of the Hague Convention on Choiceof Court Agreements 2005 (the Hague Convention) in Singapore presents an intriguing case study of the issues raised by theco-mingling of the rules of an international convention, jurisdictional rules for an international commercial court, andtraditional common law jurisdictional principles within the private international law and procedural rules of a singlenational jurisdiction. This article highlights several key issues raised by the interaction between the SICC, HagueConvention, and common law jurisdictional rules, and proposes solutions to streamline these three sets of rules into acoherent and ...


Getting The “Message” On Free Trade: Globalization, Jobs And The World According To Trump Jul 2018

Getting The “Message” On Free Trade: Globalization, Jobs And The World According To Trump

Santa Clara Journal of International Law

Getting the “Message” on Free Trade: Globalization, Jobs and the World According to Trump


Contracts Procured Through Bribery Of Public Officials: Zero Tolerance Versus Proportional Liability, Kevin E. Davis Jul 2018

Contracts Procured Through Bribery Of Public Officials: Zero Tolerance Versus Proportional Liability, Kevin E. Davis

New York University Law and Economics Working Papers

Bribery in public contracting is a serious problem, particularly in societies with weak public institutions. The trend in the law applicable to contracts between governments and foreign firms is to refuse to enforce contracts procured through bribery and to bar the firm from recovery in restitution. This zero-tolerance approach may have perverse consequences. Proof that a firm obtained a contract through bribery does not necessarily indicate the extent to which the firm has fallen short of its obligations to combat bribery. The zero-tolerance approach fails to take into account the extent to which the firm has not only attempted to ...


Protecting Defamatory Fiction And Reader-Response Theory With Emphasis On The German Experience, Henry Ordower Jun 2018

Protecting Defamatory Fiction And Reader-Response Theory With Emphasis On The German Experience, Henry Ordower

Henry Ordower

No abstract provided.


The Nuremberg Trials Project At Harvard Law School: Making History Accessible To All, Judith A. Haran Jun 2018

The Nuremberg Trials Project At Harvard Law School: Making History Accessible To All, Judith A. Haran

Journal of Contemporary Archival Studies

This article is primarily a case study of the Nuremberg Trials Project at the Harvard Law School Library in Cambridge, Massachusetts. It begins with an historical note about the war crimes trials and their documentary record, including the fate of the several tons of trial documents that were distributed in 1949. The second part of the article is a description of the Harvard Law School Nuremberg project, including its history, goals, logistical considerations, digitization process and challenges, and resulting impact. The structure and function of the project website is described, followed by a description of a typical user experience, the ...


Ip Enforcement Under The Tpp: Civil And Administrative Procedures And Remedies, Provisional Measures In Tpp (Articles 18.71–18.76), J. Janewa Osei-Tutu Jun 2018

Ip Enforcement Under The Tpp: Civil And Administrative Procedures And Remedies, Provisional Measures In Tpp (Articles 18.71–18.76), J. Janewa Osei-Tutu

Science and Technology Law Review

No abstract provided.


Foreword, Christina M. Nielsen Jun 2018

Foreword, Christina M. Nielsen

San Diego International Law Journal

The overwhelming reoccurring theme in this nineteenth edition of the San Diego International Law Journal centers on the international effects of recent domestic political changes in the United States. Whether a compelling factor or working in the background without express recognition, President Trump remains a point of interest in many of the articles published this academic year. Each article is distinct in legal policy and analysis and covers diverse legal topics.


Modern Application Of The Islamic Principle Of Brotherhood: An Assessment Of The Syrian Refugees’ Relocation Solution In Egypt, Shams Al Din Al Hajjaji Jun 2018

Modern Application Of The Islamic Principle Of Brotherhood: An Assessment Of The Syrian Refugees’ Relocation Solution In Egypt, Shams Al Din Al Hajjaji

San Diego International Law Journal

This Article argues that the Islamic principle of Brotherhood provides a feasible basis to solve the Arab refugee crisis. The Islamic solution is based on relocating Syrian refugees to Egypt. The solution has many positive factors that make it the most promising solution among the various other proposed solutions. The Syrian refugee crisis has been one of the major challenges for many Western countries, who have found themselves between a rock and a hard place, faced with two options. The first option involves agreeing to host the massive waves of refugees, to honor their principles of human dignity and morality ...


Legal Responses To The European Union’S Migration Crisis, Graham Butler Jun 2018

Legal Responses To The European Union’S Migration Crisis, Graham Butler

San Diego International Law Journal

The European Union (“EU”) imposes on itself its own constraints in which it performs as an external actor, and yet, there is little acknowledgment of this imposed constraint. It is the post-2015 migration crisis, an unexpected occurrence, which has brought the fields of EU external relation law and EU migration law together. Europe’s external border, on both land and sea, has tightened through legal acts of non-traditional nature, namely, the resort to securitisation and militarisation. Challenges, such as mass irregular migration, require more than just individual responses from a few selected Member States that are directly affected by the ...


The Uncertain Future Of Australia’S Pacific Solution, Chandra Roam Jun 2018

The Uncertain Future Of Australia’S Pacific Solution, Chandra Roam

San Diego International Law Journal

The plight of a refugee is one that many of us will never understand. However, the ugly truth is that there is a global rise in the number of displaced persons seeking asylum. By the end of 2015, the number of displaced persons surpassed post World War II numbers, prompting developed nations around the world to enforce, amend, or implement policies targeted at controlling the flood of refugees at their borders. This Comment examines the policies of Australia, a nation that has had strict immigration policies in place for decades. Specifically, it discusses the Australian stance on refugee migration and ...