Open Access. Powered by Scholars. Published by Universities.®
- Institution
- Keyword
-
- Immigration Law (2)
- Anti-Monopoly Committee (1)
- Antitrust (1)
- Antitrust Division of the DOJ (1)
- Autonomous weapons; autonomous weapons systems; weapons systems; drones; autonomous drones; war; law of war; international law; rule of law; accountability; military; conflict; war and peace; procedure; procedural law; weapons; artificial intelligence; AI; international humanitarian law; humanitarian; Geneva Convention; Yaounde Code; regional agreements; international agreements (1)
-
- Compensation, expropriation, foreign investment, interest, renewable energy (1)
- Constitutional court; arab spring (1)
- Constitutional court; federalism; appointment mechanism (1)
- Criminal Law (1)
- Crimmigration (1)
- Customary international law (1)
- Dialectic of Sovereignty-Sharing (1)
- Directorate-General for Competition (1)
- Disclosure of evidence (1)
- Discriminatory Facially Race-Neutral Law (1)
- Due process (1)
- Duress (1)
- Equal Protection Clause (1)
- Federal Trade Commission (1)
- General principles of law (1)
- Guinea; Gulf of Guinea; piracy; United Nations; piracy; law of the sea; Maritime Law; admiralty; maritime security; regional agreements; international law; international relations; trade; international trade law; shipping; Africa; Yaounde Code (1)
- Horizontal Sovereignty Sharing (1)
- Immigration Detention (1)
- Immigration Jails (1)
- Intent Doctrine (1)
- International Law (1)
- International law (1)
- Judicial review (1)
- Marijuana; Cannabis; Cannabis Act; Drugs; Narcotics; Tetrahydrocannabinol; THC; CBD; Coca Leaf; Legalization; Decriminalization; Possession; Prohibition; HIV; AIDS; Vienna Convention; VCLT; Single Convention on Narcotics; Convention on Psychotropic Substances; Convention against Illicit Traffic in Narcotic Drugs and Psychotropic Substances; Schedule I; Schedule IV; Controlled Substances Act; CSA; INCB; WHO; World Health Organization; ECDD; CND; UNGASS; Opium Act; Hague; League of Nations; ACLU; Russia; Bolivia; Uruguay; Netherlands; Portugal; Canada; UN; United Nations; Treaties; Coffeeshops; Back Door; El Guindy; Anslinger; ECOSCO; Wolff; Nixon; Reagan; War on Drugs; Holder; Black Market; Mujica; Law 19.172; AHOJ-G; Law 30/2000; Trudeau; Bill-C-45; Le Dain Commission; Accession; Reservation; Inter Se (1)
- Multilateralism (1)
- Publication
- Publication Type
Articles 1 - 13 of 13
Full-Text Articles in Rule of Law
Legal Introspection Towards The Development Of Right To Privacy As Fundamental Right In India, Payal Thaorey
Legal Introspection Towards The Development Of Right To Privacy As Fundamental Right In India, Payal Thaorey
Indonesia Law Review
Privacy of the individual is an essential aspect of dignity. The ability of the individual to protect a zone of privacy enables the realization of the full value of life and liberty. Liberty has a broader meaning of which privacy is a subset. All liberties may not be exercised in privacy. Yet others can be fulfilled only within a private space. Privacy enables the individual to retain the autonomy of the body and mind. The autonomy of the individual is the ability to make decisions on vital matters of concern to life. The journey of right to privacy has been …
Gulf Of Guinea And Maritime (In)Security: Musings On Some Implications Of Applicable Legal Instruments, Edwin E. Egede
Gulf Of Guinea And Maritime (In)Security: Musings On Some Implications Of Applicable Legal Instruments, Edwin E. Egede
Brooklyn Journal of International Law
The Gulf of Guinea (GoG) is an enormous and diverse region consisting of approximately 6,000 km of coastline extending from Senegal to Angola. It is a maritime area of strategic importance because it is resource-rich with hydrocarbons, fish and other resources. Also, it is important as a vital maritime transit hub. Unlike certain other shipping lanes that have been identified as chokepoints, the GoG, because of its width, is not susceptible to blockades and major shipping accidents. Previously the maritime (in)security in the GoG had not received the same high-profile attention from the international community as the situation in the …
Autonomous Weapons Systems And The Procedural Accounta- Bility Gap, Afonso Seixas-Nunes
Autonomous Weapons Systems And The Procedural Accounta- Bility Gap, Afonso Seixas-Nunes
Brooklyn Journal of International Law
The development and well-established principles of Internationla Humanitarian Law have been progressively establishing limits to the means and methods of warfare. Those principles and rules are necessarily applicable to future autonomous weapon systems (AWS), but questions regarding liability for violations of IHL caused by AWS have been looming the international debate. This article has two parts. The first part aims to identify a technical dimension of AWS that has been neglected by international lawyers: States responsibility for IHL violations caused by errors in AWS’ software. This article argues that “errors” can neither be identified with “malfunctions” nor attributed to human …
High Time For A Change: How The Relationship Between Signatory Countries And The United Nations Conventions Governing Narcotic Drugs Must Adapt To Foster A Global Shift In Cannabis Law, Alexander Clementi
Brooklyn Journal of International Law
Since the early 1970’s, the inclusion of cannabis and its byproducts in the United Nations Single Convention on Narcotic Drugs has mandated a strict prohibition on cultivation and use of the substance, which has led to a largely global practice of criminalization and imprisonment of anyone found to be in its possession. Yet recently, mostly in response to growing public health concerns, countries like Uruguay, Portugal, The Netherlands, Canada, and the United States have enacted laws which seek to decriminalize or even legalize cannabis use and possession. Yet, cannabis remains classified as a Schedule IV narcotic under the Single Convention, …
The Role Of Expropriation Clauses In Protection And Promotion Of Foreign Investments In Renewable Energy: An Essential But Overlooked Legal Consideration, Moosa Akefi Ghaziani, Mohammad Akefi Ghaziani
The Role Of Expropriation Clauses In Protection And Promotion Of Foreign Investments In Renewable Energy: An Essential But Overlooked Legal Consideration, Moosa Akefi Ghaziani, Mohammad Akefi Ghaziani
Indonesia Law Review
Today the world is tackling climate change. The global threat of energy poverty along with the growing need for energy has escalated this crisis. The promotion of renewable energy sources is widely known as the main solution to this challenge. Many International and regional agreements address various aspects of renewable energy development such as trade, transit, security, and investment. Foreign investment is recognised as a crucial prerequisite for the global deployment of renewable energy, since not all States have the financial and technological potentials to develop this sector. Various investment agreements are signed to facilitate and promote investments. These instruments …
A Taxonomy On Constitutional Court Appointment Mechanisms In Federal Countries, Molly Madden
A Taxonomy On Constitutional Court Appointment Mechanisms In Federal Countries, Molly Madden
Indiana Journal of Constitutional Design
This paper provides a taxonomy of how federal countries appoint judges to their highest courts. Appointment mechanisms involve (1) little or no meaningful input from state government, (2) the states acting in an indirect role, or (3) substantial state government input. Within-group one, countries that allow for little to no meaningful input from state governments, some countries require that one federal body check another federal body during the appointment process, such as the federal executive’s nominees are confirmed by the federal senate. I first evaluate which court or entity in each country answers federalism questions, whether that is a Constitutional …
Constitutional Court Landscape Post - Arab Spring: A Survey Of Design, Dane Kirchoff-Foster
Constitutional Court Landscape Post - Arab Spring: A Survey Of Design, Dane Kirchoff-Foster
Indiana Journal of Constitutional Design
This is a case study seeking to survey the landscape of constitutional courts in the MENA region after the Arab Spring. To accomplish this, the case study identifies the traditional functions of constitutional courts, then analyzes the design features present in post-Arab Spring constitutional courts to determine how and to what extent these design features help – or hinder – each court in fulfilling its traditional functions. Analysis of design features will focus on (1) which (and how many) constitutional matters the court is empowered to decide (court jurisdiction), (2) the processes by which a court is presented a …
The Participation Principle And The Dialectic Of Sovereignty-Sharing, George K. Foster
The Participation Principle And The Dialectic Of Sovereignty-Sharing, George K. Foster
Seattle University Law Review
States around the world are ceding authority to international institutions, devolving powers to lower-level political subdivisions, and granting forms of autonomy to Indigenous peoples and other minority groups. At the same time, states are increasingly offering groups and individuals “participation rights”: opportunities to participate in sovereign prerogatives without exercising control. These opportunities range from providing input into environmental decision-making, to collaborating with law enforcement in community policing programs, to receiving a share of natural-resource revenues. This Article contends that all of these developments represent a dividing up of the collection of rights known as sovereignty, and that participation rights reflect …
Duress In Immigration Law, Elizabeth A. Keyes
Duress In Immigration Law, Elizabeth A. Keyes
Seattle University Law Review
The doctrine of duress is common to other bodies of law, but the application of the duress doctrine is both unclear and highly unstable in immigration law. Outside of immigration law, a person who commits a criminal act out of well-placed fear of terrible consequences is different than a person who willingly commits a crime, but American immigration law does not recognize this difference. The lack of clarity leads to certain absurd results and demands reimagining, redefinition, and an unequivocal statement of the significance of duress in ascertaining culpability. While there are inevitably some difficult lines to be drawn in …
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Systemic Racism And Immigration Detention, Carrie L. Rosenbaum
Systemic Racism And Immigration Detention, Carrie L. Rosenbaum
Seattle University Law Review
The denouement of the Trump presidency was a white supremacist coup attempt against a backdrop of public reawakening to the persistence of institutionalized racism. Though the United States has entered a new administration with a leader that expresses his commitment to ending institutionalized racism, the United States continues to imprison Central American and Mexican immigrants at the southern border. If the majority of the people in immigration jails at the border are Latinx, does immigration law disparately impact them, and do they have a right to equal protection? If they do, would equal protection protect them? This Article explores whether …
Due Process In Antitrust Enforcement: Normative And Comparative Perspectives, Christopher S. Yoo, Yong Huang, Thomas Fetzer, Shan Jiang
Due Process In Antitrust Enforcement: Normative And Comparative Perspectives, Christopher S. Yoo, Yong Huang, Thomas Fetzer, Shan Jiang
All Faculty Scholarship
Due process in antitrust enforcement has significant implications for better professional and accurate enforcement decisions. Not only can due process spur economic growth, raise government credibility, and limit the abuse of powers according to law, it also promotes competitive reforms in monopolized sectors and curbs corruption. Jurisdictions learn from the best practices in the investigation process, decisionmaking process, and the announcement and judicial review of antitrust enforcement decisions. By comparing the enforcement policies of China, the European Union, and the United States, this article calls for better disclosure of evidence, participation of legal counsel, and protection of the procedural and …
Domestic Courts And The Generation Of Norms In International Law, Charles T. Kotoby Jr.
Domestic Courts And The Generation Of Norms In International Law, Charles T. Kotoby Jr.
Articles
International law in the form of treaty and custom is primarily shaped by national executives and legislatures. To be sure, “judicial decisions” are deemed a “subsidiary means for the determination of [international] law,” but that still does not give domestic courts an everyday role in the generation of universal norms and international law. This article proposes a more dynamic reality which elevates the importance of municipal courts in the generation and creation of international law. The truth is that domestic courts interact regularly to announce and create important universal norms—by, for instance, adjudicating expropriation claims, passing on the recognition and …