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Full-Text Articles in International Law

International Commercial Arbitration Law And Practice In Thailand, Parada Kaewparadai Dec 2019

International Commercial Arbitration Law And Practice In Thailand, Parada Kaewparadai

SJD Dissertations

International Commercial Arbitration is one of the essential mechanisms that support and facilitate international trade transactions, especially when the parties are from different nations. Since it is an alternative dispute resolution that provides a final and binding award that is enforceable through the national courts mostly everywhere around the world, it becomes the most popular dispute resolution for international enterprises. Arbitration has been in existence in Thai Laws for centuries, but its role has been minimal as litigation is the primary adjudicate method of the country. However, in the past twenty years, arbitration has been developing rapidly since Alternative Dispute …


The Iran-United States Claims Tribunal: The Effect Of Future Awards On International Terrorism, Casey J. College Aug 2017

The Iran-United States Claims Tribunal: The Effect Of Future Awards On International Terrorism, Casey J. College

Arbitration Law Review

No abstract provided.


Egyptian Confidential: An Analysis Of Confidentiality In The Egyptian Arbitration System, Kayla Snowberger Aug 2017

Egyptian Confidential: An Analysis Of Confidentiality In The Egyptian Arbitration System, Kayla Snowberger

Arbitration Law Review

No abstract provided.


The Evolution Of Pattern Of Criminalizing The Unknown Crime Of Rape In Global Scale, Sahar Jalili Apr 2017

The Evolution Of Pattern Of Criminalizing The Unknown Crime Of Rape In Global Scale, Sahar Jalili

SJD Dissertations

Rape is a crime globally condemned, yet it's one of the most controversial crimes at the time. What this research did was to gather the information of countries' rape laws in their penal codes from all over the world and create a pattern of how countries on a global scale criminalize rape and how far they have changed in the past century. The goal was to produce a rape criminalization map of the world to show which elements are playing the main factors and which factors are missing, how close countries define rape and how different their reactions are.

The …


Resolving Competition Related Disputes Under The Aml: Theory & Practice, Susan Beth Farmer Nov 2014

Resolving Competition Related Disputes Under The Aml: Theory & Practice, Susan Beth Farmer

Presentations

This presentation was given at the European China Law Studies 2014 Conference, Making, Enforcing and Accessing the Law, in Hong Kong. The presentation addresses the Chinese Anti-Monopoly Law (AML), the MOFCOMM, NDRC, and SAIC, and litigation before the Supreme People's Court.


Introduction Of Judicial Review In Italy-Transition From Decentralized To Centralized Review (1948-1956)-A Successful Transplant Case Study, Louis Del Duca Jan 2010

Introduction Of Judicial Review In Italy-Transition From Decentralized To Centralized Review (1948-1956)-A Successful Transplant Case Study, Louis Del Duca

Penn State International Law Review

No abstract provided.


Introduction To The Ials Conference On Comparative Constitutional Law, Louis Del Duca, Patrick Del Duca, Gianluca Gentili Jan 2010

Introduction To The Ials Conference On Comparative Constitutional Law, Louis Del Duca, Patrick Del Duca, Gianluca Gentili

Penn State International Law Review

No abstract provided.


The Constitutional Role Of Transnational Courts: Principled Legal Ideas In Three-Dimensional Political Space, Kim Lane Scheppele Jan 2010

The Constitutional Role Of Transnational Courts: Principled Legal Ideas In Three-Dimensional Political Space, Kim Lane Scheppele

Penn State International Law Review

No abstract provided.


Hybridization: A Study In Comparative Constitutional Law, John Mceldowney Jan 2010

Hybridization: A Study In Comparative Constitutional Law, John Mceldowney

Penn State International Law Review

Viewing constitutional law from a global perspective informs us about trends and concurrences that might otherwise go unnoticed. The main focus for this paper is how a new European legal tradition is being forged from two of the most influential Western traditions, the common and civil law. The term hybridization is used to refer to this phenomenon whereby there is convergence between different legal systems. This does not necessarily alter national sovereignty or substitute one system over another. It cannot be measured by success or failure of one legal system over another. It is a common sharing that is best …


Is Constitutionalism Bad For Intersectional Feminists?, Beverley Baines Jan 2010

Is Constitutionalism Bad For Intersectional Feminists?, Beverley Baines

Penn State International Law Review

No abstract provided.


Unsafe Haven: Could Article 3 Of The U.N. Convention Against Torture Prevent The Extradition Of Terrorist Suspects To U.S. Custody, Faridah Jalil, Che Norlia Mustafa Jan 2010

Unsafe Haven: Could Article 3 Of The U.N. Convention Against Torture Prevent The Extradition Of Terrorist Suspects To U.S. Custody, Faridah Jalil, Che Norlia Mustafa

Penn State International Law Review

No abstract provided.


Adjudicating Socio-Economic Rights Under A Transformative Constitution, Linda Stewart Jan 2010

Adjudicating Socio-Economic Rights Under A Transformative Constitution, Linda Stewart

Penn State International Law Review

No abstract provided.


Methodological Challenges In Comparative Constitutional Law, Vicki Jackson Jan 2010

Methodological Challenges In Comparative Constitutional Law, Vicki Jackson

Penn State International Law Review

No abstract provided.


Teaching Constitutional Law In Malaysia: The Universiti Kebangsaan Malaysia's Experience, Henk Botha Jan 2010

Teaching Constitutional Law In Malaysia: The Universiti Kebangsaan Malaysia's Experience, Henk Botha

Penn State International Law Review

No abstract provided.


Poverty And Constitutional Rights, Monica Pinto Jan 2010

Poverty And Constitutional Rights, Monica Pinto

Penn State International Law Review

No abstract provided.


Secularism, The Veil And "Reasonable Interlocutors": Why France Is Not That Wrong, Guy Haarscher Jan 2010

Secularism, The Veil And "Reasonable Interlocutors": Why France Is Not That Wrong, Guy Haarscher

Penn State International Law Review

No abstract provided.


The Protection Of Laicism In Turkey And The Turkish Constitutional Court: The Example Of The Prohibition On The Use Of The Islamic Veil In Higher Education, Mehmet Cengiz Uzun Jan 2010

The Protection Of Laicism In Turkey And The Turkish Constitutional Court: The Example Of The Prohibition On The Use Of The Islamic Veil In Higher Education, Mehmet Cengiz Uzun

Penn State International Law Review

No abstract provided.


Distributive Justice-Poverty And Economic Development, V.S. Elizabeth Jan 2010

Distributive Justice-Poverty And Economic Development, V.S. Elizabeth

Penn State International Law Review

No abstract provided.


The Executive And The Courts, Richard Clayton Jan 2010

The Executive And The Courts, Richard Clayton

Penn State International Law Review

No abstract provided.


A Tragedy Of The Commons: Property Rights Issues In Shanghai Historic Residences, Kara L. Phillips, Amy L. Sommers Sep 2009

A Tragedy Of The Commons: Property Rights Issues In Shanghai Historic Residences, Kara L. Phillips, Amy L. Sommers

Penn State International Law Review

No abstract provided.


Comparing Supremacy: Sovereign Immunity Of States In The United States And Non-Contractual State Liability In The European Union, Jose A/ Gutierrez-Fons Sep 2009

Comparing Supremacy: Sovereign Immunity Of States In The United States And Non-Contractual State Liability In The European Union, Jose A/ Gutierrez-Fons

Penn State International Law Review

No abstract provided.


Does Donating Sperm Give The Right To Withdraw Consent? The Implications Of In Vitro Fertilization In The United Kingdom And Canada, Porsha L. Cills Jun 2009

Does Donating Sperm Give The Right To Withdraw Consent? The Implications Of In Vitro Fertilization In The United Kingdom And Canada, Porsha L. Cills

Penn State International Law Review

No abstract provided.


Preserving The Corporate Attorney-Client Privilege: Here And Abroad, Robert J. Anello Sep 2008

Preserving The Corporate Attorney-Client Privilege: Here And Abroad, Robert J. Anello

Penn State International Law Review

No abstract provided.


On Armed Conflict, Human Rights, And Preserving The Rule Of Law In Latin America, Luz E. Nagle Jun 2008

On Armed Conflict, Human Rights, And Preserving The Rule Of Law In Latin America, Luz E. Nagle

Penn State International Law Review

No abstract provided.


The Westernization Of Chinese Bankruptcy: An Examination Of China's New Corporate Bankruptcy Law Through The Lens Of The Uncitral Legislative Guide To Insolvency Law, Steven J. Arsenault Jun 2008

The Westernization Of Chinese Bankruptcy: An Examination Of China's New Corporate Bankruptcy Law Through The Lens Of The Uncitral Legislative Guide To Insolvency Law, Steven J. Arsenault

Penn State International Law Review

No abstract provided.


Does "Made In China" Translate To "Watch Out" For Consumers? The U.S. Congressional Response To Consumer Product Safety Concerns, Julia A. Phillips Jun 2008

Does "Made In China" Translate To "Watch Out" For Consumers? The U.S. Congressional Response To Consumer Product Safety Concerns, Julia A. Phillips

Penn State International Law Review

No abstract provided.


Center Of Main Interests, International Insolvency Case Venue, And Equality Of Arms: The Eurofood Decision Of The European Court Of Justice, Samuel Bufford Jan 2007

Center Of Main Interests, International Insolvency Case Venue, And Equality Of Arms: The Eurofood Decision Of The European Court Of Justice, Samuel Bufford

Journal Articles

This Article examines the Eurofood-E.C.J. decision and evaluates its impact on the decisions of the Irish and the Italian courts to open main insolvency cases for Eurofood. This Article also addresses the broader international insolvency law issues that the E.C.J. decision left open. Part II of this Article provides background information on the format and binding effect of a decision of the E.C.J. Part III explores the background of Parmalat and Eurofood and describes the Eurofood cases in the Irish and Italian courts prior to the E.C.J. decision. Part IV examines the E.C.J. decision, its rationale, and its application to …


International Insolvency Case Venue In The European Union: The Parmalat And Daisytek Controversies, Samuel Bufford Jan 2006

International Insolvency Case Venue In The European Union: The Parmalat And Daisytek Controversies, Samuel Bufford

Journal Articles

The European Union Insolvency Regulation (the EU Regulation) is a giant step forward in promoting international cooperation among EU countries for cross-border insolvency proceedings. It adopts a modified universalist solution to cross-border proceedings insofar as they are located within the EU. However, experience has shown that it needs improvement to work effectively. A venue battle now rages between courts of several European countries over which country's courts will administer particular cross-border proceedings and how the center of main interest is to be determined for this purpose.

This Article begins with a detailed examination of the two principal cases where conflicts …


Global Venue Controls Are Coming: A Reply To Professor Lopucki, Samuel Bufford Jan 2005

Global Venue Controls Are Coming: A Reply To Professor Lopucki, Samuel Bufford

Journal Articles

This Article details my disagreements with Professor Lynn LoPucki's article "Global and out of Control" (79 Am. Bankr. L.J. 79). Part I discusses universalism and territorialism, especially the modified version of universalism that I support. Part II examines the international venue provisions of the Model Law and the EU Regulation. Part III introduces the relevant venue shopping cases. Only two groups of cases are relevant for the purpose of this paper: the French and German subsidiaries of Daisytek and Eurofood (a subsidiary of Parmalat SpA, the Italian conglomerate). None of the other cases that Professor LoPucki discusses was subject to …


Implications Of A Palestinian State For Israeli Security And Nuclear War: A Jurisprudential Assessment, Louis Rene Beres Jan 1999

Implications Of A Palestinian State For Israeli Security And Nuclear War: A Jurisprudential Assessment, Louis Rene Beres

Penn State International Law Review

No abstract provided.