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Articles 1 - 30 of 37

Full-Text Articles in International Law

Palandt, Burgerliches Gesetzbuch. Commentaries On The German Civil Code, 36th Rev. Ed., Hugo Hahn Dec 2015

Palandt, Burgerliches Gesetzbuch. Commentaries On The German Civil Code, 36th Rev. Ed., Hugo Hahn

Georgia Journal of International & Comparative Law

No abstract provided.


Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel Dec 2015

Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel

Nehal A. Patel

AbstractOver thirty years have passed since the Bhopal chemical disaster began,and in that time scholars of corporate social responsibility (CSR) havediscussed and debated several frameworks for improving corporate responseto social and environmental problems. However, CSR discourse rarelydelves into the fundamental architecture of legal thought that oftenbuttresses corporate dominance in the global economy. Moreover, CSRdiscourse does little to challenge the ontological and epistemologicalassumptions that form the foundation for modern economics and the role ofcorporations in the world.I explore methods of transforming CSR by employing the thought ofMohandas Gandhi. I pay particular attention to Gandhi’s critique ofindustrialization and principle of swadeshi (self-sufficiency) …


Law Of The Sea - Proposed Deep Seabed Hard Mineral Resources Act, Betsy Cox, Frank Brogan Nov 2015

Law Of The Sea - Proposed Deep Seabed Hard Mineral Resources Act, Betsy Cox, Frank Brogan

Georgia Journal of International & Comparative Law

No abstract provided.


Improving The International Legislative Process, Paul C. Szasz Nov 2015

Improving The International Legislative Process, Paul C. Szasz

Georgia Journal of International & Comparative Law

No abstract provided.


Injury From Dumping: The Problem Of The "Regional Industry", Jack G. Wasserman Nov 2015

Injury From Dumping: The Problem Of The "Regional Industry", Jack G. Wasserman

Georgia Journal of International & Comparative Law

No abstract provided.


United States Human Rights Policy: Effect On Exports, Russell D. Carter, Frank D. Brogan Oct 2015

United States Human Rights Policy: Effect On Exports, Russell D. Carter, Frank D. Brogan

Georgia Journal of International & Comparative Law

No abstract provided.


A Consumer Perspective On The Tokyo Round, Clinton Warne Oct 2015

A Consumer Perspective On The Tokyo Round, Clinton Warne

Georgia Journal of International & Comparative Law

No abstract provided.


The Tokyo Round: A Labor View, Catherine E. Bocskor Oct 2015

The Tokyo Round: A Labor View, Catherine E. Bocskor

Georgia Journal of International & Comparative Law

No abstract provided.


After The Mtn: What Is In Store For Importers?, Ted Rowland, Barry H. Nemmers Oct 2015

After The Mtn: What Is In Store For Importers?, Ted Rowland, Barry H. Nemmers

Georgia Journal of International & Comparative Law

No abstract provided.


The Role Of Law And Lawyers Under The New Multilateral Trade Agreements, Robert E. Herzstein Oct 2015

The Role Of Law And Lawyers Under The New Multilateral Trade Agreements, Robert E. Herzstein

Georgia Journal of International & Comparative Law

No abstract provided.


Symposium - The Tokyo Round: It's Meaning And Effect, Introduction, Robert S. Strauss Oct 2015

Symposium - The Tokyo Round: It's Meaning And Effect, Introduction, Robert S. Strauss

Georgia Journal of International & Comparative Law

No abstract provided.


Dismissing Provenance: The Use Of Procedural Defenses To Bar Claims In Nazi-Looted Art And Securitized Mortgage Litigation, Christian J. Bromley Sep 2015

Dismissing Provenance: The Use Of Procedural Defenses To Bar Claims In Nazi-Looted Art And Securitized Mortgage Litigation, Christian J. Bromley

Christian J Bromley

The litigation surrounding an estimated 650,000 works looted by the Nazis in the Second World War and the millions of securitized mortgages foreclosed in the wake of the Great Recession converge on a fundamental legal principle: who really holds rightful title? Seemingly worlds apart, these separate yet remarkably similar forms of property challenge the American judiciary to allocate property rights between adversaries steadfast in their contention of rightful ownership. The legal fulcrum in this allocation often rests not on the equity or righteousness of either parties’ claim—whether museum versus heir or bank versus former homeowner—but instead on procedural defenses that …


The Power Of The Body: Analyzing The Corporeal Logic Of Law And Social Change In The Arab Spring, Zeina Jallad, Zeina Jallad Jul 2015

The Power Of The Body: Analyzing The Corporeal Logic Of Law And Social Change In The Arab Spring, Zeina Jallad, Zeina Jallad

Zeina Jallad

The Power of the Body:

Analyzing the Logic of Law and Social Change in the Arab Spring

Abstract:

Under conditions of extreme social and political injustice - when human rights are under the most threat - rational arguments rooted in the language of human rights are often unlikely to spur reform or to ensure government adherence to citizens’ rights. When those entrusted with securing human dignity, rights, and freedoms fail to do so, and when other actors—such as human rights activists, international institutions, and social movements—fail to engage the levers of power to eliminate injustice, then oppressed and even quotidian …


Bringing Down The Barriers: American Laws That Impede Trade With The Cis, Arthur M. Dula, Lynne M. Tracy, Renee A. Rubino Jul 2015

Bringing Down The Barriers: American Laws That Impede Trade With The Cis, Arthur M. Dula, Lynne M. Tracy, Renee A. Rubino

Akron Law Review

It is necessary first to establish whether current trade restrictions apply to all former constituent parts of the Soviet Union or only to Russia. Second, the American-Russian trade relationship resembles a minefield. Some of the most powerful trade restrictions remain firmly in place. Others have been defused. This article will attempt to provide some guidance through the minefield. Finally, attention will be given to pending legislation that affects trade with Russia. Hopefully, this analysis will provide some insight into: (1) the past U.S. trade with the former Soviet Union; (2) where the relationship is now; and (3) what direction it …


No Simple Fix: Fiscal Rules And The Politics Of Austerity, Alasdair Roberts Jul 2015

No Simple Fix: Fiscal Rules And The Politics Of Austerity, Alasdair Roberts

Indiana Journal of Global Legal Studies

Fiscal rules were supposed to provide a simple remedy for out-ofcontrol government spending. They were predicated on a deep skepticism about the capacity of democratic systems to exercise fiscal self-control. After three decades of experimentation, it is evident that advocates of fiscal rules overestimated the capacity of legal instruments to impose discipline on democratic processes. Certainly, many advanced democracies have improved their fiscal performance-but fiscal rules have played a small role in this process. Experience suggests that advocates of fiscal rules drew the wrong lessons from the experience of the 1970s, and underestimated the capacity of democratic systems to respond …


Legislating Safety Nets: Comparing Recent Social Protection Laws In Asia, Surabhi Chopra Prof. Jul 2015

Legislating Safety Nets: Comparing Recent Social Protection Laws In Asia, Surabhi Chopra Prof.

Indiana Journal of Global Legal Studies

In recent years, several Asian countries have begun moving away from patchwork welfare programs toward providing more comprehensive social protection. This is a significant shift in a region where social welfare has not been politically popular, and the family has traditionally absorbed the burden of supporting the young, the old, and the ailing. Two of these states-India and Indonesia-have put new social protection initiatives into law rather than simply formulating executive policy. In this article, I examine recent social protection laws in both countries. I look in particular at India's National Food Security Law, passed in 2013, and Indonesia's laws …


The Best Interests Of A Trafficked Adolescent, Anah Hewetson Gouty Jul 2015

The Best Interests Of A Trafficked Adolescent, Anah Hewetson Gouty

Indiana Journal of Global Legal Studies

For decades, the world has faced a tremendous obstacle in locating trafficking victims and their perpetrators. The United States has enacted the Trafficking Victims Protection Act (TVPA) and implemented a system of Trafficking in Persons Reports (TIPs) to track domestic progress. Nonetheless, even more challenging than addressing adult trafficking is conquering the rampant existence of child trafficking, which inherently has its own unique challenges. Child trafficking comes in many forms and affects different regions of the world in various ways. Misunderstanding precisely what constitutes trafficking is one of the obstacles to ridding the world of its existence. Moreover, the victimsadolescents- …


The Latin American Development Process And The New Legislative Trends, Enrique E. Bledel May 2015

The Latin American Development Process And The New Legislative Trends, Enrique E. Bledel

Georgia Journal of International & Comparative Law

No abstract provided.


Solicitation Of Anticompetitive Action From Foreign Governments: Should The Noerr-Pennington Doctrine Apply To Communications With Foreign Sovereigns?, Ronald W. Davis May 2015

Solicitation Of Anticompetitive Action From Foreign Governments: Should The Noerr-Pennington Doctrine Apply To Communications With Foreign Sovereigns?, Ronald W. Davis

Georgia Journal of International & Comparative Law

No abstract provided.


Congress's International Legal Discourse, Kevin L. Cope May 2015

Congress's International Legal Discourse, Kevin L. Cope

Michigan Law Review

Despite Congress’s important role in enforcing U.S. international law obligations, the relevant existing literature largely ignores the branch. This omission may stem partly from the belief, common among both academics and lawyers, that Congress is generally unsympathetic to or ignorant of international law. Under this conventional wisdom, members of Congress would rarely if ever imply that international law norms should impact otherwise desirable domestic legislation. Using an original dataset comprising thirty years of legislative histories of pertinent federal statutes, this Article questions and tests that view. The evidence refutes the conventional wisdom. It shows instead that, in legislative debates over …


The Commonwealth Of Puerto Rico: Trying To Gain Dignity And Maintain Culture, Arnold Leibowitz Apr 2015

The Commonwealth Of Puerto Rico: Trying To Gain Dignity And Maintain Culture, Arnold Leibowitz

Georgia Journal of International & Comparative Law

No abstract provided.


An International Legal Obligation To Assist In Energy Development Arises From The Charter Of Economic Rights And Duties Of States, Vicki A. Breman Apr 2015

An International Legal Obligation To Assist In Energy Development Arises From The Charter Of Economic Rights And Duties Of States, Vicki A. Breman

Georgia Journal of International & Comparative Law

No abstract provided.


Legislation - Foreign Relations - International Trade Reauthorization For The Overseas Private Investment Corporation, Doug Wessinger Apr 2015

Legislation - Foreign Relations - International Trade Reauthorization For The Overseas Private Investment Corporation, Doug Wessinger

Georgia Journal of International & Comparative Law

No abstract provided.


The Evian Agreements On Algeria And The Lancaster Agreements On Zimbabwe: A Comparative Analysis, O. N. Musamirapamwe Apr 2015

The Evian Agreements On Algeria And The Lancaster Agreements On Zimbabwe: A Comparative Analysis, O. N. Musamirapamwe

Georgia Journal of International & Comparative Law

No abstract provided.


International Copyright: Domestic Barriers To United States Participation In The Rome Convention On Neighboring Rights, Eric T. Johnson Mar 2015

International Copyright: Domestic Barriers To United States Participation In The Rome Convention On Neighboring Rights, Eric T. Johnson

Georgia Journal of International & Comparative Law

No abstract provided.


The Neomercantilist Fallacy And The Contextual Reality Of The Foreign Corrupt Practices Act, Philip Nichols Feb 2015

The Neomercantilist Fallacy And The Contextual Reality Of The Foreign Corrupt Practices Act, Philip Nichols

Philip M. Nichols

The Foreign Corrupt Practices Act is domestic legislation and should be analyzed as such. This article addresses a persistent failure in analysis of the Act, by scholars and policymakers alike. Many discussions of the Act approach it from a neomercantilist perspective. This approach contains three flaws. First, whereas neomercantilism envisions manipulation of the market to give advantage to national champion industries, the Foreign Corrupt Practices Act was adopted for the purpose of strengthening and enhancing the integrity of the global market. A neomercantilist perspective is contrary to the purpose of the Act. Second, this article shows that neomercantilism fundamentally misunderstands …


Regan V. Wald, The Supreme Court Defers To Presidential Authority In Matters Of Foreign Policy By Upholding Travel Restrictions To Cuba, Thomas M. Mashburn Feb 2015

Regan V. Wald, The Supreme Court Defers To Presidential Authority In Matters Of Foreign Policy By Upholding Travel Restrictions To Cuba, Thomas M. Mashburn

Georgia Journal of International & Comparative Law

No abstract provided.


The Very Specialized United States Generalized System Of Preferences: An Examination Of Renewal Changes And Analysis Of Their Legal Effect, Gregory C. Dorris Feb 2015

The Very Specialized United States Generalized System Of Preferences: An Examination Of Renewal Changes And Analysis Of Their Legal Effect, Gregory C. Dorris

Georgia Journal of International & Comparative Law

No abstract provided.


Congress' Role In The International Unification Of Private Law, Peter H. Pfund, George Taft Feb 2015

Congress' Role In The International Unification Of Private Law, Peter H. Pfund, George Taft

Georgia Journal of International & Comparative Law

No abstract provided.


Combatting International Terrorism: The Role Of Congress, Dante B. Fascell Feb 2015

Combatting International Terrorism: The Role Of Congress, Dante B. Fascell

Georgia Journal of International & Comparative Law

No abstract provided.