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Articles 1 - 30 of 269
Full-Text Articles in International Law
Legal Implications Of Direct Satellite Broadcasting – The U.N. Working Group, Nancy M. Lesko
Legal Implications Of Direct Satellite Broadcasting – The U.N. Working Group, Nancy M. Lesko
Georgia Journal of International & Comparative Law
No abstract provided.
The Role Of Domestic Courts In The International Legal Order: A Tribute To Richard Falk, Janet Walker
The Role Of Domestic Courts In The International Legal Order: A Tribute To Richard Falk, Janet Walker
Janet Walker
Forty years ago, when I was a child, the world was a different place. Tele- vision was a new invention:
Gender Discrimination And Statelessness In The Gulf Cooperation Council States, Betsy L. Fisher
Gender Discrimination And Statelessness In The Gulf Cooperation Council States, Betsy L. Fisher
Michigan Journal of Gender & Law
Using the Gulf Cooperation Council countries as a case study, this Article outlines the ways in which gender and birth status discrimination create new cases of statelessness. These occur when women are legally unable to convey their nationality to their children. This Article studies gender and birth status discrimination in nationality laws and in civil registration, family, and criminal law in each GCC state: Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab Emirates. Ending statelessness will require these states to end discrimination against women and non-marital children in all of its forms in law and practice.
Law And Modernization In China: The Juridical Behavior Of The Chinese Communists, Daniel J. Hoffheimer
Law And Modernization In China: The Juridical Behavior Of The Chinese Communists, Daniel J. Hoffheimer
Georgia Journal of International & Comparative Law
No abstract provided.
The United States, Developing Countries And The Issue Of Intra-Enterprise Agreements, Joel Davidow
The United States, Developing Countries And The Issue Of Intra-Enterprise Agreements, Joel Davidow
Georgia Journal of International & Comparative Law
Antitrust issues have become one of the main concern of the world economy community and the United Nations. For many years, the United Nations Conference on Trade and Development has multiplied the meetings to discuss the relationship between transnational enterprises and international investment and has engaged in reflections on methods to avoid a decline in international investment. However, these meetings failed to resolve the fundamental issue of the impact of international antitrust principles on restrictive arrangements between a foreign parent corporation and its local subsidiary, particularly where that subsidiary is in a developing country. If applied, multinational enterprises would be …
Ashes To Ashes: Comparative Law Regarding Survivors’ Disputes Concerning Cremation And Cremated Remains, Eloisa Rodriguez-Dod
Ashes To Ashes: Comparative Law Regarding Survivors’ Disputes Concerning Cremation And Cremated Remains, Eloisa Rodriguez-Dod
Eloisa C Rodríguez-Dod
One should plan for unassuming post-mortem issues, as most state laws do not provide a complete framework when there is no testamentary instruction by the deceased. Judicial determination is often needed, however reported opinions are scarce. Final disposition issues also arise in foreign law. Spain has no civil code regarding disposition of a deceased but delegates its funerary laws to local governments and autonomous communities, while the French have established an order of priority for funerary decisions and provide for a judicial determination and stay of the funerary process in case of dispute. The author gives a brief history of …
The Politics Of Electoral Systems In The Former Yugoslav Republic Of Macedonia, Dardan Berisha
The Politics Of Electoral Systems In The Former Yugoslav Republic Of Macedonia, Dardan Berisha
Indiana Journal of Constitutional Design
The Former Yugoslav Republic of Macedonia (“FYROM”) experienced four major changes to its electoral system in the eight parliamentary elections held between 1990 and 2014. The Macedonian 1990 and 1994 parliamentary elections were held under a majority system, in which 120 members of the Parliament were elected from 120 constituencies, one member per constituency. A mixed-majority/proportional representation (“PR”) system was adopted for the 1998 elections, in which eighty-five seats were elected under the majority system from the constituencies, and thirty-five seats were elected proportionally from a nation-wide electoral district. Yet another system was adopted for the 2002 elections, in which …
An Indivisible Turkey And The Invisible Alevi: Mandatory Religious Education And Its Effect On Minority Rights And National Unity, Tristan Orozco
An Indivisible Turkey And The Invisible Alevi: Mandatory Religious Education And Its Effect On Minority Rights And National Unity, Tristan Orozco
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Zubaydah: Establishing International Accountability For Complicity Of Torture And Transforming Enhanced Interrogation Rhetoric, Camille Sespene
Zubaydah: Establishing International Accountability For Complicity Of Torture And Transforming Enhanced Interrogation Rhetoric, Camille Sespene
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Speech, Privacy And Dignity In France And In The U.S.A.: A Comparative Analysis, Ioanna Tourkochoriti
Speech, Privacy And Dignity In France And In The U.S.A.: A Comparative Analysis, Ioanna Tourkochoriti
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
The Modern Treaty-Executing Power: Constitutional Complexities In Contemporary Global Governance, Carlo Felizardo
The Modern Treaty-Executing Power: Constitutional Complexities In Contemporary Global Governance, Carlo Felizardo
Northwestern University Law Review
Treaties have evolved significantly since the ratification of the United States Constitution, leading to uncertainty as to the constitutional limits on their domestic execution. This Note adapts existing constitutional doctrine on treaty execution to two distinct complications arising in the contemporary treaty regime. First, voluntary treaties imposing aspirational obligations on signatories raise the issue of the extent of obligations that Congress may domestically enforce by federal statute. Second, originating treaties which create international organizations and authorize them to adopt rule- and adjudication-type post-treaty pronouncements bring up a question of when, if ever, to incorporate those pronouncements into U.S. law, and …
European Data Protection Uncapped: A Critical Analysis Of Google Spain V. Aepd, Adam Byrne
European Data Protection Uncapped: A Critical Analysis Of Google Spain V. Aepd, Adam Byrne
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Repairing U.S. Violations: Applying Customary International Law And Implementing The Icc Hague Detention Centre Practices To Confinement Conditions At Gtmo, Patrice Corpus
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Comparative Reflections On Duncan V. Louisiana And Baldwin V. New York, William Pizzi
Comparative Reflections On Duncan V. Louisiana And Baldwin V. New York, William Pizzi
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
China And The New Development Bank: The Future Of Foreign Aid?, Tamara Fisher
China And The New Development Bank: The Future Of Foreign Aid?, Tamara Fisher
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Conceptions Of Indigenousness In The Case Law Of The European Court Of Human Rights, Stefan Kirchner
Conceptions Of Indigenousness In The Case Law Of The European Court Of Human Rights, Stefan Kirchner
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Bringing Pacific Bluefin Tuna Back From The Brink: Ensuring The Submission Of Operational Data To The Western And Central Pacific Fisheries Commission, Chris Wold, Mitsuhiko Takahashi, Siwon Park, Viv Fernandes, Sarah Butler
Bringing Pacific Bluefin Tuna Back From The Brink: Ensuring The Submission Of Operational Data To The Western And Central Pacific Fisheries Commission, Chris Wold, Mitsuhiko Takahashi, Siwon Park, Viv Fernandes, Sarah Butler
Michigan Journal of Environmental & Administrative Law
The Commission of the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western Pacific Ocean (WCPFC) manages fish stocks of significant financial and ecological value across an area of the Pacific Ocean comprising 20% of Earth. WCPFC members, however, have disagreed sharply over management measures for tuna, sharks, and other species, in part because some WCPFC members have refused to provide the WCPFC with vessel-specific data, known as operational data, which is needed to manage the stocks sustainably. Despite a legal requirement to submit operational data to the WCPFC, these members, including Japan and Korea, …
Apple, Inc. Vs. Deutsches Patent- Und Markenamt: Why The Court Got It Wrong, Joseph Dzida
Apple, Inc. Vs. Deutsches Patent- Und Markenamt: Why The Court Got It Wrong, Joseph Dzida
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Practical Career Advice For Young International Lawyers: How To Build A Killer Resume, Network Effectively, Create Your Own Opportunities, And Live Happily Ever After, Mark E. Wojcik
Mark E. Wojcik
For those who are serious about careers in international law, there are probably too many applicants for too few jobs.
Regulating Lolicon: Toward Japanese Compliance With Its International Legal Obligations To Ban Virtual Child Pornography, Cory L. Takeuchi
Regulating Lolicon: Toward Japanese Compliance With Its International Legal Obligations To Ban Virtual Child Pornography, Cory L. Takeuchi
Georgia Journal of International & Comparative Law
No abstract provided.
Balancing A Right To Be Forgotten With A Right To Freedom Of Expression In The Wake Of Google Spain V. Aepd, Shaniqua Singleton
Balancing A Right To Be Forgotten With A Right To Freedom Of Expression In The Wake Of Google Spain V. Aepd, Shaniqua Singleton
Georgia Journal of International & Comparative Law
No abstract provided.
Human Rights Law And Racial Hate Speech Regulation In Australia: Reform And Replace?, Dr. Alan Berman
Human Rights Law And Racial Hate Speech Regulation In Australia: Reform And Replace?, Dr. Alan Berman
Georgia Journal of International & Comparative Law
No abstract provided.
The Icc And The Security Council: How Much Support Is There For Ending Impunity?, 26 Ind. Int'l & Comp. L. Rev. 33 (2016), Stuart Ford
Stuart Ford
No abstract provided.
The Role Of Foreign Authorities In U.S. Asylum Adjudication, Fatma E. Marouf
The Role Of Foreign Authorities In U.S. Asylum Adjudication, Fatma E. Marouf
Fatma Marouf
U.S. asylum law is based on a domestic statute that incorporates an international treaty, the U.N. Protocol Relating to the Status of Refugees. While Supreme Court cases indicate that the rules of treaty interpretation apply to an incorporative statute, courts analyzing the statutory asylum pro- visions fail to give weight to the interpretations of our sister signatories, which is one of the distinctive and uncontroversial principles of treaty interpretation. This Article highlights this significant omission and urges courts to examine the interpretations of other States Parties to the Protocol in asylum cases. Using as an example the current debate over …
Holding The World Bank Accountable For The Leakage Of Funds From Africa’S Health Sector, Fatma E. Marouf
Holding The World Bank Accountable For The Leakage Of Funds From Africa’S Health Sector, Fatma E. Marouf
Fatma Marouf
This article explores the accountability of international financial institutions (IFIs), such as the World Bank, for human rights violations related to the massive leakage of funds from sub-Saharan Africa’s health sector. The article begins by summarizing the quantitative results of Public Expenditure Tracking Surveys performed in six African countries, all showing disturbingly high levels of leakage in the health sector. It then addresses the inadequacy of good governance and anticorruption programs in remedying this problem. After explaining how the World Bank’s Inspection Panel may serve as an accountability mechanism for addressing the leakage of funds, discussing violations of specific Bank …
Marketa Trimble Becomes The Inaugural Samuel S. Lionel Professor Of Intellectual Property Law, Marketa Trimble
Marketa Trimble Becomes The Inaugural Samuel S. Lionel Professor Of Intellectual Property Law, Marketa Trimble
Nevada Law Journal
No abstract provided.
Dispute Settlement Mechanisms Under The Asean Legal Framework, Anbar Jayadi
Dispute Settlement Mechanisms Under The Asean Legal Framework, Anbar Jayadi
Indonesia Law Review
ASEAN has great ambitions. One (or two, even three and more) of them was laid out in ASEAN Economic Blueprint. It is to make ASEAN achieves higher levels of economic dynamism, sustained prosperity, inclusive growth and integrated development,1 visionary indeed. Nonetheless, it is necessary to always think and prepare if disputes happen. How to both face and to the extent, solve a dispute will determine whether ASEAN member states are committed to ASEAN and its ambitions as an intergovernmental organization.2 This book, as a matter of fact, do point out the necessity to examine existing dispute settlement mechanisms and discuss …
Wartime Environmental Pollution And Endangerment: The Landmine Scourge And The Global Effort To Eliminate It, Theresa Oby Ilegbune
Wartime Environmental Pollution And Endangerment: The Landmine Scourge And The Global Effort To Eliminate It, Theresa Oby Ilegbune
Annual Survey of International & Comparative Law
The principal purpose of this paper is to discuss the legal aspects of the global efforts to ban and eliminate landmines. In doing this, it is considered necessary to explain what landmines are; the nature and extent of security, social and environmental problems posed by landmines; the history and development of the international campaign to adopt a treaty banning landmines; and efforts made, and still being made, to implement that treaty. In these discussions, Nigeria will be used as a case study.
Border Tax Adjustments And Developing Countries: A Perspective From China, Shufan Sung
Border Tax Adjustments And Developing Countries: A Perspective From China, Shufan Sung
Annual Survey of International & Comparative Law
It is no hyperbole to say that climate change is one of the most urgent crises all humans face together. Among the many ways that governments have attempted to curb carbon emissions, border tax adjustments (BTAs) have majorly aimed to restore the competitiveness of developed countries with more stringent carbon control policies. This article carefully examines the proposal under the tests of international environmental laws to evaluate the implications of BTAs in international legal system. The article argues that the imposition of BTAs will be inconsistent with set principles of the common but differentiated responsibility (CBDR), sustainable development and polluter …