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Full-Text Articles in Transnational Law

Reassessing The Trade-Development Nexus In International Economic Law: The Paradigm Shift In Asia-Pacific Regionalism, Pasha L. Hsieh Dec 2017

Reassessing The Trade-Development Nexus In International Economic Law: The Paradigm Shift In Asia-Pacific Regionalism, Pasha L. Hsieh

Research Collection Yong Pung How School Of Law

This article reassesses the trade-development nexus in international economic law and provides the first examination of the approach to realize the United Nations Sustainable Development Goals through regional integration. It argues that the emerging New Regional Economic Order in the multi-polar system will fortify the coalition of the developing countries in structuring the legalization of pro-development trade policy. For decades, the misconceived concept of special and differential treatment has ignored the reality of the North-South Grand Bargain and disconnected the World Trade Organization from its development objectives. The development crisis of the Doha Round requires a feasible “Plan B” for …


Truth Commission Impact: A Participation-Based Implementation Agenda, Tara J. Melish Nov 2017

Truth Commission Impact: A Participation-Based Implementation Agenda, Tara J. Melish

Tara Melish

With a focus on truth commissions, this Essay argues for a new approach to assessing the impact or effectiveness of transitional justice mechanisms. It recognizes at least four discernible approaches to impact assessment in the current literature. I term these “Quantifiable Truth,” “Victim Perception,” “Formal Political Rights,” and “Redistributive Development.” While each has added important and complementary insights to the field, each has also exhibited important weaknesses in its ability to speak persuasively to the question of meaningful long-term impact on the societal dynamics and institutions that lead to violence in the first place. To help fill this gap, I …


Remembering An Abolitionist, Ambassador John R. Miller (May 23, 1938-October 4, 2017), Eleanor Kennelly Gaetan, Donna M. Hughes Oct 2017

Remembering An Abolitionist, Ambassador John R. Miller (May 23, 1938-October 4, 2017), Eleanor Kennelly Gaetan, Donna M. Hughes

Dignity: A Journal of Analysis of Exploitation and Violence

A memorial for Ambassador-at-Large to Monitor and Combat Trafficking in Persons, John R. Miller (May 23, 1938-October 4, 2017). Ambassador Miller believed modern-day slavery, encompassing sex trafficking and forced labor, requires a principled global offensive that the United States is morally obligated to lead. In the four formative years he led the State Department’s Office to Monitor and Combat Trafficking in Persons, 2002 to 2006, John Miller set the office’s course as diplomatically aggressive and programmatically creative. He made the annual Trafficking in Persons report more than a bureaucratic submission, putting daring heroes at the center, and insisting on compelling …


Legislative Requirements For Cyber Peacekeeping, Nikolay Akatyev, Joshua I. James Sep 2017

Legislative Requirements For Cyber Peacekeeping, Nikolay Akatyev, Joshua I. James

Journal of Digital Forensics, Security and Law

Cyber Peacekeeping strives for the prevention, mitigation and cessation of cyber and physical conflicts. The creation of a Cyber Peacekeeping organization, however, has major legal and political implications. In this work we review current international legislation applicable for functions of Cyber Peacekeeping. Specifically, we analyze prominent works which contribute to definitions, law and ethics regulating cyber conflicts from the perspective of the creation of a CPK organization. Legislative and terminological foundations are analyzed and adopted from current practice. Further, this work analyzes guiding principles of global organizations such as ITU IMPACT, INTERPOL and regional organizations such as NATO and the …


International Tax Planning As A Business Driver, Robert A. Agresta Jun 2017

International Tax Planning As A Business Driver, Robert A. Agresta

Penn State Journal of Law & International Affairs

No abstract provided.


Fcpa Compliance Should Not 'Cost An Arm And A Leg': Assessing The Potential For Enhanced Cost-Efficiency And Effectiveness For An Anti-Corruption Compliance Program With The Implementation Of An Enterprise Legal Risk Management Framework, Garrick Apollon Jun 2017

Fcpa Compliance Should Not 'Cost An Arm And A Leg': Assessing The Potential For Enhanced Cost-Efficiency And Effectiveness For An Anti-Corruption Compliance Program With The Implementation Of An Enterprise Legal Risk Management Framework, Garrick Apollon

Penn State Journal of Law & International Affairs

No abstract provided.


We Don't Need No Education - Is The U.S. At Risk Of Losing Its Clear Edge In Higher Education?, Ann M. Murphy Jun 2017

We Don't Need No Education - Is The U.S. At Risk Of Losing Its Clear Edge In Higher Education?, Ann M. Murphy

Penn State Journal of Law & International Affairs

No abstract provided.


China's Nine Dash Line Claim In Light Of The Ruling By The Permanent Court Of Arbitration (12 July 2016), Ekrem Korkut, Woo Hyun Kang Jun 2017

China's Nine Dash Line Claim In Light Of The Ruling By The Permanent Court Of Arbitration (12 July 2016), Ekrem Korkut, Woo Hyun Kang

Penn State Journal of Law & International Affairs

No abstract provided.


Behavioral Economics In International Investment Law: Bounded Rationality And The Choice Of Reservation List Modality, Tae Jung Park Jun 2017

Behavioral Economics In International Investment Law: Bounded Rationality And The Choice Of Reservation List Modality, Tae Jung Park

Penn State Journal of Law & International Affairs

No abstract provided.


Water As A Human Right: A Case Study Of The Pakistan-India Water Conflict, Waseem Ahmad Qureshi Jun 2017

Water As A Human Right: A Case Study Of The Pakistan-India Water Conflict, Waseem Ahmad Qureshi

Penn State Journal of Law & International Affairs

No abstract provided.


Red Riding Hood - Is Investor-State Arbitration The Big Bad Wolf?, Petra Butler Jun 2017

Red Riding Hood - Is Investor-State Arbitration The Big Bad Wolf?, Petra Butler

Penn State Journal of Law & International Affairs

No abstract provided.


Explaining The Financial Stability Board: Path Dependency And Zealous Regulatory Apprehension, Camilo Soto Crespo Jun 2017

Explaining The Financial Stability Board: Path Dependency And Zealous Regulatory Apprehension, Camilo Soto Crespo

Penn State Journal of Law & International Affairs

No abstract provided.


Bitcoin And The Blockchain As Possible Corporate Governance Tools: Strengths And Weaknesses, Fiammetta S. Piazza Jun 2017

Bitcoin And The Blockchain As Possible Corporate Governance Tools: Strengths And Weaknesses, Fiammetta S. Piazza

Penn State Journal of Law & International Affairs

No abstract provided.


Masthead Jun 2017

Masthead

Penn State Journal of Law & International Affairs

No abstract provided.


Contemporary Writings In A Global Society: Collected Works Jun 2017

Contemporary Writings In A Global Society: Collected Works

Penn State Journal of Law & International Affairs

No abstract provided.


Cooperative And Uncooperative Foreign Affairs Federalism, Jean Galbraith Jun 2017

Cooperative And Uncooperative Foreign Affairs Federalism, Jean Galbraith

All Faculty Scholarship

This book review argues for reorienting how we think about federalism in relation to foreign affairs. In considering state and local engagement in foreign affairs, legal scholars often focus on the opportunities and limits provided by constitutional law. Foreign Affairs Federalism: The Myth of National Exclusivity by Michael Glennon and Robert Sloane does precisely this in a thoughtful and well-crafted way. But while the backdrop constitutional principles studied by Glennon and Sloane are important, so too are other types of law that receive far less attention. International law, administrative law, particular statutory schemes, and state law can all affect how …


Adrift At Sea: How The United States Government Is Forgoing The Fourth Amendment In The Prosecution Of Captured Terrorists, Frank Sullivan Apr 2017

Adrift At Sea: How The United States Government Is Forgoing The Fourth Amendment In The Prosecution Of Captured Terrorists, Frank Sullivan

Penn State Journal of Law & International Affairs

No abstract provided.


Air Traffic Control: How Mexican Cartels Are Utilizing Drones To Traffic Narcotics Into The United States, Britton Shields Apr 2017

Air Traffic Control: How Mexican Cartels Are Utilizing Drones To Traffic Narcotics Into The United States, Britton Shields

Penn State Journal of Law & International Affairs

No abstract provided.


Legal Status Of Drones Under Loac And International Law, Vivek Sehrawat Apr 2017

Legal Status Of Drones Under Loac And International Law, Vivek Sehrawat

Penn State Journal of Law & International Affairs

No abstract provided.


The Innocent Combatant: Preserving Their Jus In Bello Protections, Mark "Max" Maxwell, Richard V. Meyer Apr 2017

The Innocent Combatant: Preserving Their Jus In Bello Protections, Mark "Max" Maxwell, Richard V. Meyer

Penn State Journal of Law & International Affairs

No abstract provided.


Maintaining Individual Liability In Aml And Cybersecurity At New York's Financial Institutions, Harry Dixon Apr 2017

Maintaining Individual Liability In Aml And Cybersecurity At New York's Financial Institutions, Harry Dixon

Penn State Journal of Law & International Affairs

No abstract provided.


A Research Agenda To Improve Decision Making In Cyber Security Policy, Benjamin Dean, Rose Mcdermott Apr 2017

A Research Agenda To Improve Decision Making In Cyber Security Policy, Benjamin Dean, Rose Mcdermott

Penn State Journal of Law & International Affairs

No abstract provided.


The Cyber Longbow & Other Information Strategies: U.S. National Security And Cyberspace, Gary D. Brown Apr 2017

The Cyber Longbow & Other Information Strategies: U.S. National Security And Cyberspace, Gary D. Brown

Penn State Journal of Law & International Affairs

No abstract provided.


Masthead Apr 2017

Masthead

Penn State Journal of Law & International Affairs

No abstract provided.


War In The 21st Century And Collected Works Apr 2017

War In The 21st Century And Collected Works

Penn State Journal of Law & International Affairs

No abstract provided.