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Articles 1 - 30 of 23128

Full-Text Articles in International Law

The Wto And Fctc Dispute Settlement Systems: Friends Or Foes?, Lukasz A. Gruszczynski Dec 2106

The Wto And Fctc Dispute Settlement Systems: Friends Or Foes?, Lukasz A. Gruszczynski

Lukasz A Gruszczynski

This article examines the relationship between the dispute settlement mechanisms of the World Trade Organization (“WTO”) and the Framework Convention on Tobacco Control (“FCTC”). It concludes that since the two regimes relate to different international legal obligations, no conflict of jurisdiction exists between their dispute settlement bodies. In any case, the mere existence of an alternative dispute settlement system (i.e., the FCTC) does not preclude a WTO panel from examining a dispute with respect to any alleged violation of WTO obligations. 

The article also notes that the relevant WTO case law clearly establishes that an extraneous agreement concluded between ...


Amateur Vs. Professional In Cold War Hockey: A Consideration Of Relative Skill Levels And Their Implications For Professional Hockey Today, John Soares Feb 2018

Amateur Vs. Professional In Cold War Hockey: A Consideration Of Relative Skill Levels And Their Implications For Professional Hockey Today, John Soares

Notre Dame Journal of International & Comparative Law

Americans who follow sports often consider amateur sport inferior, by definition, to the skill level of professionals. This article argues that during the 1970s and 1980s, new competitions between amateur (mainly Soviet and Czechoslovakian) and professional (mostly Canadian and American) hockey teams demonstrated that the amateur game could be as skilled –or even more so – than the professional counterpart. The article considers the problematic nature of “amateurism,” international rules changes that made possible the new amateur-vs.-professional competitions, and the results of some of these Cold War confrontations. It concludes with consideration of the relative merits of styles of play ...


The Law Of War After The Dta, Hamdan And The Mca, Ltc Eric Talbot Jensen Feb 2018

The Law Of War After The Dta, Hamdan And The Mca, Ltc Eric Talbot Jensen

Eric Talbot Jensen

I am grateful to be here and part of this panel and to discuss these important issues.


Review, Doom Towns: The People And Landscapes Of Atomic Testing, A Graphic History, Susan Maret Feb 2018

Review, Doom Towns: The People And Landscapes Of Atomic Testing, A Graphic History, Susan Maret

Secrecy and Society

No abstract provided.


European (Dis)Union: From The 1992 Single Market To Brexit, Caroline Bradley Feb 2018

European (Dis)Union: From The 1992 Single Market To Brexit, Caroline Bradley

University of Miami International and Comparative Law Review

No abstract provided.


Indus Basin Water Management Under International Law, Dr. Waseem Ahmad Qureshi Feb 2018

Indus Basin Water Management Under International Law, Dr. Waseem Ahmad Qureshi

University of Miami International and Comparative Law Review

The management of international watercourses is a prominent global issue, owing to the rapid growth of water scarcity worldwide. This issue is particularly dominant in the Indus Basin, which India and Pakistan share. Both states use the water of the Indus Basin for irrigation, hydropower generation, and multiple other purposes. However, certain Indian water management projects are threatening the current water management infrastructure in Pakistan by substantially obstructing the flow of water in the Pakistani western rivers. In this regard, the Indus Waters Treaty provides recommendations to both states for adequately managing the Indus waters. Moreover, there are several principles ...


Litigating Genocide: A Consideration Of The Criminal Court In Light Of The German Jew's Legal Response To Nazi Persecution, 1933-1941, Jody M. Prescott Feb 2018

Litigating Genocide: A Consideration Of The Criminal Court In Light Of The German Jew's Legal Response To Nazi Persecution, 1933-1941, Jody M. Prescott

Maine Law Review

After years of negotiation, a majority of the nations of the world have agreed to create an International Criminal Court. It will be given jurisdiction over three core types of offenses: genocide, crimes against humanity, and war crimes. With regard to war crimes, however, nations that join the court may take advantage of an “opt-out” procedure, whereby the court's jurisdiction over these offenses may be rejected for seven years after the court comes into existence. For various reasons, a small number of nations, including the United States, have refused to sign the treaty creating the court. While heralded as ...


Copyrighting The Dead Sea Scrolls: Qimron V. Shanks, David L. Cohen Feb 2018

Copyrighting The Dead Sea Scrolls: Qimron V. Shanks, David L. Cohen

Maine Law Review

In 1992, Professor Elisha Qimron of Ben Gurion University in Be'er Sheva, Israel, brought suit against the editors and publisher of A Facsimile Edition of the Dead Sea Scrolls, a complete set of photographs of the scrolls, for copyright infringement and the tort of mental anguish asking for approximately $250,000 in damages. The case centered on an appendix of the book which included a portion of a scroll text, Misgat Ma'Aseh ha-Torah—Some Rulings Pertaining to the Torah (MMT), reconstructed by Qimron. MMT consists of 121 lines of text, and Qimron's reconstruction—referred to in the ...


Silent War: Applicability Of The Jus In Bello To Military Space Operations, Kubo Mačák Feb 2018

Silent War: Applicability Of The Jus In Bello To Military Space Operations, Kubo Mačák

International Law Studies

There are no molecules of air that could carry sound waves in the vacuum of outer space. Accordingly, space warfare may well become the first type of war whose signature sound would be—silence. But does the law of armed conflict (jus in bello) fall silent in times of Silent War? This article addresses the uncertainty at the heart of this issue. First, it delineates the relevant conceptual framework by examining the factual notion of “military space operations,” and its relationship with the legal concept of “armed conflict,” as well as the overlap between the potentially applicable bodies of law ...


Penalty Clauses – What Has Changed?, Bruno Zeller Feb 2018

Penalty Clauses – What Has Changed?, Bruno Zeller

Pace International Law Review

Building on two seminal cases that consider the character of penalty clauses, Paciocco v Australia and New Zealand Banking Group Ltd from Australia and Cavendish Square Holding BV v. Talal El Makdessi from England, this Article sheds a new light on the treatment of fixed sums and argues that the view on whether penalty clauses are governed by the CISG requires new considerations. Importantly, this Article demonstrates a two-step approach to the analysis of penalty clauses: 1) whether the sum in question is penal in nature, and 2) if so, whether the CISG determines the fate of the penalty clause ...


Thoughts On The U.N. 2017 Population Prospects: Procreation-Related Internationally Wrongful Acts, And Overpopulation As Global Risk, Ciprian N. Radavoi Feb 2018

Thoughts On The U.N. 2017 Population Prospects: Procreation-Related Internationally Wrongful Acts, And Overpopulation As Global Risk, Ciprian N. Radavoi

Pace International Law Review

Two relatively recent factual elements are the basis of this Article: the 2017 revision of the United Nations’ Population Prospects, showing a world population increase of around 50% by 2100, and Turkey’s President Erdogan’s call for the Turks living in Western Europe to “have five children” in order to become the future of the continent. The statement substantiates one of the negative impacts of overpopulation—that on international relations and regional balances of power. This Article argues that (1) Erdogan’s incitement to increased procreation abroad qualifies as an internationally wrongful act of Turkey; (2) excessive procreation within ...


Religion Lessons From Europe: Intolerant Secularism, Pluralistic Neutrality, And The U.S. Supreme Court, Antony Barone Kolenc Feb 2018

Religion Lessons From Europe: Intolerant Secularism, Pluralistic Neutrality, And The U.S. Supreme Court, Antony Barone Kolenc

Pace International Law Review

Case law from the European Court of Human Rights demonstrates to the U.S. Supreme Court how a pluralistic neutrality principle can enrich the American society and harness the value of faith in the public sphere, while at the same time retaining the vigorous protection of individual religious rights. The unfortunate alternative to a jurisprudence built around pluralistic neutrality is the inevitability of intolerant secularism—an increasingly militant separation of religious ideals from the public life, leading ultimately to a repressive society that has no room in its government for religious citizens. The results of intolerant secularism are seen in ...


Gmos, International Law And Indigenous Peoples, Casandia Bellevue Feb 2018

Gmos, International Law And Indigenous Peoples, Casandia Bellevue

Pace International Law Review

This Article sprung from a desire to discover why—despite scientific uncertainty and the oft-cited precautionary principle in international law—genetically modified organisms are still allowed to spread via international trade and natural ecological cycles. While exploring this topic, it did not take long to come across the environmental justice impacts of genetically modified crops, and their particularly disparate impact upon indigenous peoples across the globe. Not only are GMOs threatening biodiversity and our planet, but also the very existence and cultural foundations of many indigenous groups.

This Article seeks to answer the following questions: What are the international agreements ...


Transparency And Disclosure, Diane Ring Feb 2018

Transparency And Disclosure, Diane Ring

Diane M. Ring

Without a stable and adequate tax base, countries lose the financial capacity to provide the infrastructure, social services and development opportunities important to their citizens. In response, the G20 and the Organisation for Economic Co-operation and Development (OECD) organized the project on Base Erosion and Profit Shifting (BEPS). Much of the project has been focused on substantive law — the rules and practices that can allow the tax base of a country to be eroded and profits to be shifted out of the country. But the project recognizes that improved substantive tax rules alone are not sufficient to guarantee the tax ...


Striking A Balance: Policy Considerations For Human Germline Modification, Joshua D. Seitz Feb 2018

Striking A Balance: Policy Considerations For Human Germline Modification, Joshua D. Seitz

Santa Clara Journal of International Law

Striking a Balance: Policy Considerations for Human Germline Modification


Space Station Asgardia 2117: From Theoretical Science To A New Nation In Outer Space, Humaid Alshamsi, Roy Balleste, Michelle L.D. Hanlon Feb 2018

Space Station Asgardia 2117: From Theoretical Science To A New Nation In Outer Space, Humaid Alshamsi, Roy Balleste, Michelle L.D. Hanlon

Santa Clara Journal of International Law

Space Station Asgardia 2117: From Theoretical Science to a New Nation in Outer Space


The Use Of Force Against Perpetrators Of International Terrorism, Dr. Waseem Ahmad Qureshi Feb 2018

The Use Of Force Against Perpetrators Of International Terrorism, Dr. Waseem Ahmad Qureshi

Santa Clara Journal of International Law

The Use of Force Against Perpetrators of International Terrorism


China’S ‘Belt And Road’ Initiative: Mapping The World Trade Normative And Strategic Implications, Julien Chaisse Jan 2018

China’S ‘Belt And Road’ Initiative: Mapping The World Trade Normative And Strategic Implications, Julien Chaisse

Julien Chaisse

In 2013, Chinese President Xi Jinping announced that he wanted to resurrect the legendary Silk Road; he proposed a titanic project to build hundreds of roads, bridges, and railroads to connect China and Europe. In China, the government also speaks of the ‘Belt and Road initiative’ (One Belt, One Road – abbreviated OBOR) to describe the project that will span more than 50 years. OBOR is President Xi Jinping’s most important project and it marks a radical change in China’s foreign policy as it constitutes a new economic model that also aims to strengthen China’s position as an ...


Countering Persistent Contemporary Sea Piracy: Expanding Jurisdictional Regimes, Joseph M. Isanga Jan 2018

Countering Persistent Contemporary Sea Piracy: Expanding Jurisdictional Regimes, Joseph M. Isanga

Joseph Isanga

No abstract provided.


International Investment Treaties And Arbitration Across Asia, Julien Chaisse, Luke Nottage Jan 2018

International Investment Treaties And Arbitration Across Asia, Julien Chaisse, Luke Nottage

Julien Chaisse

International Investment Treaties and Arbitration Across Asia brings together leading academics and practitioners to examine whether and how the Asian region has or may become a significant ‘rule maker’ in contemporary international investment law and dispute resolution. The editors introduce FDI trends and regulations, investment treaties and arbitration across Asia. Authors add country studies for the ten member states of the Association of Southeast Asian Nations as well as an overview of ASEAN treaties, or examine other potential ‘middle powers’ (Korea, Australia and New Zealand collectively) and the emerging ‘big players’ (China, Japan and India). Two early chapters present econometric ...


Privacy In The Age Of The Hacker: Balancing Global Privacy And Data Security Law, Cunningham, Mckay, Mckay Cunningham Jan 2018

Privacy In The Age Of The Hacker: Balancing Global Privacy And Data Security Law, Cunningham, Mckay, Mckay Cunningham

McKay Cunningham

The twin goals of privacy and data security share a fascinating symbiotic relationship: too much of one undermines the other. The international regulatory climate, embodied principally by the European Union’s 1995 Directive, increasingly promotes privacy. In the last two decades, fifty-three countries enacted national legislation largely patterned after the E.U. Directive. These laws, by and large, protect privacy by restricting data processing and data transfers.

At the same time, hacking, malware, and other cyber-threats continue to grow in frequency and sophistication. In 2010, one security firm recorded 286 million variants of malware and reported that 232.4 million ...


Combating Domestic Violence In Bangladesh: Law, Policy And Other Relevant Considerations, Dr. Zakia Afrin Jan 2018

Combating Domestic Violence In Bangladesh: Law, Policy And Other Relevant Considerations, Dr. Zakia Afrin

Annual Survey of International & Comparative Law

In 2011, an incident involving Professor Rumana Manzur of Dhaka University brought the topic of domestic violence in Bangladesh into main stream discussions. Professor Manzur’s husband of ten years, Hasan Syeed Sumon, had tried to gauge out both of her eyes by using his fingers, bit her nose and left her severely injured while they fought in her father’s residence in Dhaka. This incident shocked the whole country as well as diasporas abroad and forced the society to address the legal and societal loopholes to effectively combat this issue. Bangladesh has displayed an understanding of and respect for ...


Human Rights Abuse And Violations In Nigeria: A Case Study Of The Oil-Producing Communities In The Niger Delta Region, Dr. Ifeanyi I. Onwuazombe Jan 2018

Human Rights Abuse And Violations In Nigeria: A Case Study Of The Oil-Producing Communities In The Niger Delta Region, Dr. Ifeanyi I. Onwuazombe

Annual Survey of International & Comparative Law

Human rights abuses and violations in Nigeria in general and in the oilproducing communities in particular cut across the entire spectrum of rights. The abuses come in different forms and could be direct or indirect. The inhabitants of the Niger Delta region are subjected to regular rights abuses and violations by the state security agents and the oil corporations. The perpetrators of rights violations are hardly or never held accountable or brought to justice due to the myriad of problems besetting the judicial institutions. Besides, there is an apparent lack of trust and confidence in the courts and general apathy ...


Theoretical Underpinnings Of Trust Investment Law: Juxtaposing Nigerian Law With Current Trends In Other Common Law Jurisdictions, Dr. Larry O.C. Chukwu Jan 2018

Theoretical Underpinnings Of Trust Investment Law: Juxtaposing Nigerian Law With Current Trends In Other Common Law Jurisdictions, Dr. Larry O.C. Chukwu

Annual Survey of International & Comparative Law

Over the centuries, common law jurists and scholars have propounded theories and principles which underpin the conduct of the investment duty of trustees. This article offers a comparative analysis of the theoretical underpinnings of trust investment law as applicable in Nigeria vis-a-vis the current trends in other jurisdictions. It concludes that the Nigerian law is hopelessly lagging behind and proffers recommendations for reform.


Accountability Of International Ngos: Human Rights Violations In Healthcare Provision In Developing Countries And The Effectiveness Of Current Measures, Sharmeen Ahmed Jan 2018

Accountability Of International Ngos: Human Rights Violations In Healthcare Provision In Developing Countries And The Effectiveness Of Current Measures, Sharmeen Ahmed

Annual Survey of International & Comparative Law

In recent years, the number of non-governmental organizations (NGOs) working in the international arena has vastly increased, generally making a positive impact. But, as this influence has deepened, governments in the developing world and scholars have scrutinized the work and accountability of NGOs given they are mostly independent and not subjected to international law. While NGOs must adhere to the domestic laws of the places within which they work, adherence is dependent upon the strength of enforcement of those laws. Proponents argue that this independence is essential for NGOs to effectively carry out their work. However, a review of healthcare ...


Responding To Homegrown Terrorism: The Case Of Boko Haram, Dr. Elimma C. Ezeani Jan 2018

Responding To Homegrown Terrorism: The Case Of Boko Haram, Dr. Elimma C. Ezeani

Annual Survey of International & Comparative Law

If terrorism as it is known from history is changing, should the response to it change as well? This paper reflects on the rise and activities of Boko Haram in Northern Nigeria and the hesitation of domestic, regional and international efforts in stemming its spread. It finds that the rise and impact of homegrown terrorist groups like Boko Haram deserve closer attention than they have previously received particularly with regard to legal responses by domestic governments and the international community. The activities of Boko Haram in Nigeria have brought to the fore challenges faced by law and governments in tackling ...


Table Of Contents Jan 2018

Table Of Contents

Annual Survey of International & Comparative Law

No abstract provided.


Acknowledgment Jan 2018

Acknowledgment

Annual Survey of International & Comparative Law

No abstract provided.


Editorial, Christian N. Okeke Jan 2018

Editorial, Christian N. Okeke

Annual Survey of International & Comparative Law

No abstract provided.


Masthead And Front Matter Jan 2018

Masthead And Front Matter

Annual Survey of International & Comparative Law

No abstract provided.