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Articles 1 - 30 of 567
Full-Text Articles in International Law
No Longer Immune? How Network Theory Decodes Normative Shifts In Personal Immunity For Heads Of State, Nadia Banteka
No Longer Immune? How Network Theory Decodes Normative Shifts In Personal Immunity For Heads Of State, Nadia Banteka
McGeorge School of Law Scholarly Articles
The customary international law (CIL) norm of personal immunity for Heads of State has come under significant fire in the past decade. While immunity norms have traditionally been absolute, the increasing influence of the human rights and anti-impunity movements, coupled with pleas for international criminal responsibility for egregious human rights and humanitarian violations, have eroded them, particulary within international jurisdictions. These changes reflect a larger challenge to the traditional statecentric model. Although states remain the primary makers of international law, many other participants, including international organizations, courts, and non-governmental oganizations (NGOs), are crucial to the development of international legal norms …
2016 Brandeis Institute Of International Judges Report
2016 Brandeis Institute Of International Judges Report
University of the Pacific Law Review
No abstract provided.
The Road Not Taken: A Comparison Of The E.U. And U.S. Insider Trading Prohibitions, Franklin A. Gevurtz
The Road Not Taken: A Comparison Of The E.U. And U.S. Insider Trading Prohibitions, Franklin A. Gevurtz
McGeorge School of Law Scholarly Articles
This essay, written for a symposium on insider trading in the Washington University Journal of Law and Policy, explores the different paths taken by the United States and the European Union with respect to who is subject to the prohibition on insider trading. After providing an overview of the difference between the U.S. and the E.U. prohibition, the essay explores the different outcomes that would occur under U.S. versus E.U. law in several high profile insider trading cases of recent years. The essay also addresses the jurisdictional reach of each regime’s prohibition and considers the normative lessons of this …
Plea Bargaining And International Criminal Justice, Jenia Iontcheva Turner
Plea Bargaining And International Criminal Justice, Jenia Iontcheva Turner
University of the Pacific Law Review
No abstract provided.
The Continuing Peace With Justice Debate: Recent Events In Uganda And The International Criminal Court, Linda M. Keller
The Continuing Peace With Justice Debate: Recent Events In Uganda And The International Criminal Court, Linda M. Keller
University of the Pacific Law Review
No abstract provided.
Celebrity Funded Pirates: Bob Barker’S Bob Barker And The Curse Of The Thunder, Charles Wiseman
Celebrity Funded Pirates: Bob Barker’S Bob Barker And The Curse Of The Thunder, Charles Wiseman
University of the Pacific Law Review
No abstract provided.
Forward To The Global Center Symposium On Crimes Without Borders: In Search Of Internatinal Justice, Linda E. Carter
Forward To The Global Center Symposium On Crimes Without Borders: In Search Of Internatinal Justice, Linda E. Carter
University of the Pacific Law Review
No abstract provided.
Keynote Speaker Wrestling Tyrants: Do We Need An International Criminal Justice System?, Christopher L. Blakesley
Keynote Speaker Wrestling Tyrants: Do We Need An International Criminal Justice System?, Christopher L. Blakesley
University of the Pacific Law Review
No abstract provided.
Notes On Joint Criminal Enterprise Before The International Criminal Tribunal For The Former Yugoslavia, Fausto Pocar
Notes On Joint Criminal Enterprise Before The International Criminal Tribunal For The Former Yugoslavia, Fausto Pocar
University of the Pacific Law Review
No abstract provided.
Linguistic And Cultural Diversity In Interntational Criminal Justice: Toward Bridging The Divide, Leigh Swigart
Linguistic And Cultural Diversity In Interntational Criminal Justice: Toward Bridging The Divide, Leigh Swigart
University of the Pacific Law Review
No abstract provided.
It’S Time To Get Off The Bench: The U.S.Needs To Ratify The Law Of The Sea Treaty Before It’S Too Late, Randy W. Tong
It’S Time To Get Off The Bench: The U.S.Needs To Ratify The Law Of The Sea Treaty Before It’S Too Late, Randy W. Tong
University of the Pacific Law Review
No abstract provided.
Guilty Until Proven Innocent: International Prosecutorial Failure To Disclose Exculpatory Evidence, Michelle Ahronovitz
Guilty Until Proven Innocent: International Prosecutorial Failure To Disclose Exculpatory Evidence, Michelle Ahronovitz
University of the Pacific Law Review
No abstract provided.
Cannabis And Water Management: International Regulation And The Legal Framework Of The European Union, Maria E. Milanes-Murcia
Cannabis And Water Management: International Regulation And The Legal Framework Of The European Union, Maria E. Milanes-Murcia
University of the Pacific Law Review
No abstract provided.
Using International Property Law As A Lever To Evolve Toward Integrative Ocean Governance, Rachael E. Salcido
Using International Property Law As A Lever To Evolve Toward Integrative Ocean Governance, Rachael E. Salcido
McGeorge School of Law Scholarly Articles
TABLE OF CONTENTS I. INTRODUCTION .............................................................................................. 254 II. BACKGROUND ............................................................................................... 255 A. Brief Primer on Ocean Jurisdiction ...................................................... 256 B. Dispute Resolution and International Governance ............................... 257 C. The Power of Property .......................................................................... 259 D. Ocean Governance Support for an International Property Law Thesis ..................................................................................................... 260 III. STATE OF OCEAN HEALTH ........................................................................... 261 A. Overfishing ............................................................................................ 262 B. Climate Change ..................................................................................... 263 C. Pollution ................................................................................................ 264 1. Traditional Pollution ...................................................................... 264 2. Special Growing Plastic Pollution Problem ................................... 265 D. Industrialization .................................................................................... 265 1. Marine Renewable Energy .............................................................. 266 2. Aquaculture ..................................................................................... 268 3. Offshore Oil and Gas ...................................................................... 268 …
Using International Property Law As A Lever To Evolve Toward Integrative Ocean Governance, Rachael E. Salcido
Using International Property Law As A Lever To Evolve Toward Integrative Ocean Governance, Rachael E. Salcido
University of the Pacific Law Review
No abstract provided.
2015 Brandeis Institute Of International Judges Report: International Courts, Local Actors, Brandeis Institute Of International Judges
2015 Brandeis Institute Of International Judges Report: International Courts, Local Actors, Brandeis Institute Of International Judges
University of the Pacific Law Review
No abstract provided.
Understanding International Law, Stephen C. Mccaffrey
Understanding International Law, Stephen C. Mccaffrey
McGeorge School of Law Teaching Materials
his clearly written Understanding treatise is designed to explain what international law is, why it exists, and the basic subjects it covers. The law of treaties is given particular attention, chiefly because of the increasing importance of the treaty in international life. The number of treaties has mushroomed since the Second World War and many of these agreements include over 100 states as parties. Because of their number and the breadth of their coverage, treaties are thus the main form of international legislation. But since they are also contractual in character, and since many multilateral treaties allow states to place …
An Introduction To The Symposium And An Examination Of Morrison’S Impact On The Presumption Against Extraterritoriality, Franklin A. Gevurtz
An Introduction To The Symposium And An Examination Of Morrison’S Impact On The Presumption Against Extraterritoriality, Franklin A. Gevurtz
Global Business & Development Law Journal
No abstract provided.
Bridging The Divide: The Case For Harmonizing State And Federal Extraterritoriality Principles After Morrison And Kiobel, Katherine Florey
Bridging The Divide: The Case For Harmonizing State And Federal Extraterritoriality Principles After Morrison And Kiobel, Katherine Florey
Global Business & Development Law Journal
No abstract provided.
The Indeterminate International Law Of Jurisdiction, The Presumption Against Extraterritorial Effect Of Statutes, And Certainty In U.S. Criminal Law, Kenneth S. Gallant
The Indeterminate International Law Of Jurisdiction, The Presumption Against Extraterritorial Effect Of Statutes, And Certainty In U.S. Criminal Law, Kenneth S. Gallant
Global Business & Development Law Journal
No abstract provided.
Securities Collective Action And Private International Law Issues In Dutch Wcam Settlements: Global Aspirations And Regional Boundaries, Xandra E. Kramer
Securities Collective Action And Private International Law Issues In Dutch Wcam Settlements: Global Aspirations And Regional Boundaries, Xandra E. Kramer
Global Business & Development Law Journal
No abstract provided.
The Dutch Act On Collective Settlement Of Mass Damages, Bart Krans
The Dutch Act On Collective Settlement Of Mass Damages, Bart Krans
Global Business & Development Law Journal
No abstract provided.
Russia In The Wto: Will It Give Full Direct Effect To Wto Law?, Elena A. Wilson
Russia In The Wto: Will It Give Full Direct Effect To Wto Law?, Elena A. Wilson
Global Business & Development Law Journal
No abstract provided.
Justice For Chad: The Next Chapter In The Vindication Of Human Rights, Daniel Lee Borgatti
Justice For Chad: The Next Chapter In The Vindication Of Human Rights, Daniel Lee Borgatti
Global Business & Development Law Journal
No abstract provided.
The International Rule Of Law In A Human Rights Era
The International Rule Of Law In A Human Rights Era
Global Business & Development Law Journal
No abstract provided.
The Global Right To Property, John G. Sprankling
The Global Right To Property, John G. Sprankling
McGeorge School of Law Scholarly Articles
Does a right to property exist under international law? The traditional answer to this question is “no”―a right to property can arise only under national law. But sweeping economic and political changes in recent decades have laid the foundation for recognizing a global right to property. Ideological opposition to property rights has faded with the end of the Cold War; China, Russia, and other socialist states have transitioned to market economies which are premised on private property; and the globalization of trade has enhanced international support for protecting property rights. Accordingly, it is appropriate to revisit the question.
This article …
The Subversion Of State – To State Investment Treaty Arbitration, Jarrod Wong
The Subversion Of State – To State Investment Treaty Arbitration, Jarrod Wong
McGeorge School of Law Scholarly Articles
State-to-state arbitration provisions in bilateral investment treaties and other international investment agreements (collectively called BITs here) have been little used—and rightly so—given the introduction of investor-state arbitration provisions in the same BITs. In a handful of cases, however, some states have sought to resurrect state-to-state arbitration, either to contest issues already decided in separate investorstate arbitral proceedings, or else to stave off such proceedings. Most recently and controversially, in Ecuador v. U.S., Ecuador initiated arbitration against the United States under the U.S.-Ecuador BIT to (re)arbitrate an issue that had arguably been determined against Ecuador in a separate prior arbitration between …
An Introduction To The Symposium And An Examination Of Morrison’S Impact On The Presumption Against Extraterritoriality, Franklin A. Gevurtz
An Introduction To The Symposium And An Examination Of Morrison’S Impact On The Presumption Against Extraterritoriality, Franklin A. Gevurtz
McGeorge School of Law Scholarly Articles
No abstract provided.
Volume 26 Issue 1 Table Of Contents, University Of The Pacific, Mcgeorge School Of Law
Volume 26 Issue 1 Table Of Contents, University Of The Pacific, Mcgeorge School Of Law
Global Business & Development Law Journal
No abstract provided.
From Pinochet In The House Of Lords To The Chevron/Ecuador Lago Agrio Dispute: The Hottest Topics In International Dispute Resolution, Charles N. Brower, Diane Brown
From Pinochet In The House Of Lords To The Chevron/Ecuador Lago Agrio Dispute: The Hottest Topics In International Dispute Resolution, Charles N. Brower, Diane Brown
Global Business & Development Law Journal
No abstract provided.