The European Case For Kosovo, Serbia, And North Macedonia: A Western Balkan Focus, 2024 Liberty University
The European Case For Kosovo, Serbia, And North Macedonia: A Western Balkan Focus, Logan Michael Kase
Helm's School of Government Conference - American Revival: Citizenship & Virtue
European integration of Western Balkan territories currently faces high-tension ethnic and religious antagonism between Serbia, Kosovo, and North Macedonia. The Balkans have been dealing with a cauldron of simmering ethnic internal battles that have lingered for decades. Years of Serbian and Kosovo contention severely setback the accession timeline, therefore, affecting further the integration of its neighbor North Macedonia. The European Union demands all disputes and corruption measures settled, per regulation standards set by the enlargement package from the commission. Key regional players’ sphere of influence becomes an interesting variable during policy discussions leaving a path to full European integration reliant …
Break Their Lineage, Break Their Roots: Investigating The Chinese Government’S Relationship With The Uyghur Population To Determine The Potential For Terrorism And Genocide, 2024 Liberty University
Break Their Lineage, Break Their Roots: Investigating The Chinese Government’S Relationship With The Uyghur Population To Determine The Potential For Terrorism And Genocide, Anya Veinberg
Helm's School of Government Conference - American Revival: Citizenship & Virtue
History is wrought with war, crime, and persecution. After nearly every conflict, world leaders vow to never let something similar happen again. Yet, history seems to repeat itself, and so do its conflicts. The Holocaust claimed the lives of millions of Jews and seemed to set a precedent of a modern threshold of evil. How many people would argue that an event strikingly similar to the Holocaust is happening right now in China?
The Chinese government is currently committing acts of violence and faith and race-based discrimination against the Uyghur population.
This work analyzes the interaction between the Chinese government …
Recognizing And Enforcing Foreign Nation Judgments: The United States And Europe Compared And Contrasted - A Call For Revised Legislation In Florida, 2024 Florida State University
Recognizing And Enforcing Foreign Nation Judgments: The United States And Europe Compared And Contrasted - A Call For Revised Legislation In Florida, Juan Carlos Martinez
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Regulating Food Waste Management In Indonesia: Do We Need An Omnibus Law (Again)?, 2024 Udayana University, Faculty of Law
Regulating Food Waste Management In Indonesia: Do We Need An Omnibus Law (Again)?, Ni Gusti Ayu Dyah Satyawati, I Nyoman Suyatna, Putu Gede Arya Sumerta Yasa, I Dewa Gede Palguna, Nadeeka Rajaratnam
Indonesia Law Review
Indonesia was regarded to be the world's second-largest food loss and waste-producing country. Food waste contributes the most significant amount in Indonesia compared to other types of waste. This paper aims to discuss three legal issues. First, it identifies, in descriptive-normative means, the legal framework regulating food waste, which is the intersection of two legal regimes: 'the food management' and 'the waste and environmental management”. Second, it presents a comparative study by exploring the more advanced food waste legal frameworks, which take examples from Europe. The third objective is to recommend legal, institutional, and policy steps to mainstream food waste …
The Preservation Of Marine Fisheries Resources Within Asean Nations’ Eez, 2024 Faculty of Law, Universitas Tarumanagara, Indonesia
The Preservation Of Marine Fisheries Resources Within Asean Nations’ Eez, Ida Kurnia
Indonesia Law Review
The preservation of marine fisheries resources within ASEAN nations’ Exclusive Economic Zone (EEZ) is an urgent and pressing challenge requiring collaborative efforts from all ASEAN nations. Challenges such as illegal fishing, climate change, and lack of coordination between ASEAN nations may cause damage to marine biota food chain, especially marine fisheries in Southeast Asia region. To solve this conundrum, collaboration between ASEAN nations pose as the key solution. The research method used in this study is normative juridical approach by analyzing primary legal materials such as International Agreements and other international laws & sources. Further analysis was also …
The Development Of International Law In Relation To Crimes Against Humanity, 2024 Pepperdine University
The Development Of International Law In Relation To Crimes Against Humanity, Nikki Redelijk
Global Tides
This paper will look at the development of international law in relation to crimes against humanity. First, juridically applied at the Nuremberg Trials, crimes against humanity has historically offered a compelling juxtaposition between naturalist and positivist law. Hence, this paper attempts to shed light on these juxtapositions, as seen by the respective arguments taken up by the Allies and Germany at Nuremberg. Likewise, this paper will illustrate the complexities within the definition itself. Finally, this paper will clarify the differing definitions taken up at the various tribunals following Nuremberg, leading up to the Rome Statute. It is a hope, that …
Proportionalities, 2024 Fordham Law School
Proportionalities, Youngjae Lee
Notre Dame Law Review Reflection
“Proportionality” is ubiquitous. The idea that punishment should be proportional to crime is familiar in criminal law and has a lengthy history. But that is not the only place where one encounters the concept of proportionality in law and ethics. The idea of proportionality is important also in the self-defense context, where the right to defend oneself with force is limited by the principle of proportionality. Proportionality plays a role in the context of war, especially in the idea that the military advantage one side may draw from an attack must not be excessive in relation to the loss of …
Disputed Territories Across The Globe: A Future Of Peace Or Change?, 2024 Emory University School of Law
Disputed Territories Across The Globe: A Future Of Peace Or Change?, Angelica Paquette
Emory International Law Review Symposia
No abstract provided.
Disputed Territories Across The Globe: A Future Of Peace Or Change?, 2024 Emory University School of Law
Disputed Territories Across The Globe: A Future Of Peace Or Change?, Angelica Paquette
Emory International Law Review Symposia
No abstract provided.
Existing Challenges And Possible Pathways For Case Success In Climate Litigation With Human Rights Claims, 2024 St. Mary's University
Existing Challenges And Possible Pathways For Case Success In Climate Litigation With Human Rights Claims, Daniel Ziebarth
St. Mary's Law Journal
No abstract provided.
The World Health Organization Was Born As A Normative Agency: Seventy-Five Years Of Global Health Law Under Who Governance, 2024 Georgetown University - Law Center - O'Neill Institute for National and Global Health Law
The World Health Organization Was Born As A Normative Agency: Seventy-Five Years Of Global Health Law Under Who Governance, Lawrence O. Gostin, Benjamin Mason Meier, Safura Abdool Karim, Judith Bueno De Mesquita, Gian Luca Burci, Danwood Chirwa, Alexandra Finch, Eric A. Friedman, Roojin Habibi, Sam F. Halabi, Tsung-Ling Lee, Brigit Toebes, Pedro Villarreal
Georgetown Law Faculty Publications and Other Works
The World Health Organization (WHO) was born as a normative agency and has looked to global health law to structure collective action to realize global health with justice. Framed by its constitutional authority to act as the directing and coordinating authority on international health, WHO has long been seen as the central actor in the development and implementation of global health law. However, WHO has faced challenges in advancing law to prevent disease and promote health over the past 75 years, with global health law constrained by new health actors, shifting normative frameworks, and soft law diplomacy. These challenges were …
Cardozo International And Comparative Law Review Presents: Disability Justice Under International Human Rights Law, 2024 Yeshiva University, Cardozo School of Law
Cardozo International And Comparative Law Review Presents: Disability Justice Under International Human Rights Law, Cardozo International And Comparative Law Review, Benjamin N. Cardozo School Of Law
Flyers 2023-2024
No abstract provided.
Walking The Tightrope: Protecting Research From Foreign Exploitation While Fostering Relationships With Foreign Scientists, 2024 Saint Louis University School of Law
Walking The Tightrope: Protecting Research From Foreign Exploitation While Fostering Relationships With Foreign Scientists, C. John Cox
SLU Law Journal Online
In response to extensive foreign efforts to take advantage of U.S. scientific research, especially by the People’s Republic of China, the United States has taken steps to protect its scientific and technology efforts. Although steps to prevent foreign government exploitation of U.S. research are reasonable and justified, the United States should be cognizant of these actions' impact on collaboration with foreign scientists. It is in the interest of the United States to effect policy that fosters relationships with foreign scientists rather than push them away.
International Governance Of Ocean-Based Carbon Dioxide Removal: Recent Developments And Future Directions, 2024 Columbia Law School, Sabin Center for Climate Change Law
International Governance Of Ocean-Based Carbon Dioxide Removal: Recent Developments And Future Directions, Romany M. Webb
Sabin Center for Climate Change Law
With the impacts of climate change intensifying, and progress in reducing the greenhouse gas emissions that cause it continuing to lag, the parties to the Paris Climate Agreement have emphasized the need to accelerate efforts to remove carbon dioxide from the atmosphere, while simultaneously curbing emissions. As the parties have recognized, the ocean is already a major carbon sink, and could play an important role in future carbon dioxide removal (“CDR”) efforts. Scientists have proposed a variety of ocean-based CDR approaches, but most require further research to fully evaluate their efficacy, benefits, and risks. In-ocean testing of the approaches, and …
Advisory Opinion On Climate Change: Summary Of Written Observations Submitted To The Inter-American Court Of Human Rights (Part 1), 2024 Columbia Law School, Sabin Center for Climate Change Law
Advisory Opinion On Climate Change: Summary Of Written Observations Submitted To The Inter-American Court Of Human Rights (Part 1), Maria Antonia Tigre
Sabin Center for Climate Change Law
On January 9, 2023, the Foreign Ministers of Chile and Colombia requested an advisory opinion from the Inter-American Court of Human Rights (IACtHR) on the scope of state obligations for responding to the climate emergency under the frame of international human rights law and, specifically, under the American Convention on Human Rights. Within this context, the IACtHR received a total of 255 amicus brief submissions.
This report includes summaries of the amicus briefs submitted to the Court. Due to the number of submissions received and the short timeframe prior to the hearings, the report is divided into parts. This first …
Humour, A Meditation, 2024 University of Buffalo, School of Law
Humour, A Meditation, John Henry Schlegel
Dalhousie Law Journal
Back in 1987 when Critical Legal Studies was still “hot,” I was shopping a piece that was a long review essay on Laura Kalman’s history, Legal Realism at Yale. An acquaintance who was on that faculty invited me to present the piece—which I am still quite proud of—at the workshop he was running. Owen Fiss was the first person to ask a question. He wanted to know whether the piece was “serious” work or whether it was just an elaborate joke. Surprised and bewildered by the question, I answered, “Both.” In response he asserted that unless it were one or …
Show And Tell, 2024 Dalhousie University, Schulich School of Law
Show And Tell, Liam Mchugh-Russell
Dalhousie Law Journal
...to break the rules wisely, you have to know the rules well.
–Le Guin, Steering the Craft
I finished my doctorate in June of 2019. Most of my waking hours that late summer and early fall were spent writing and rewriting cover letters, teaching statements, and research agendas (and equity statements, long CVs, short CVs, etc.)—all the variegated materials demanded from applicants to tenure-track positions in North American law faculties. Writing those materials, and integrating the feedback on early drafts that I received from a host of generous peers and colleagues, became an accidental study in the principal subtext of …
Why The Multilateral Investment Court Is A Bad Idea For Africa, 2024 University of Manitoba, Robson Hall
Why The Multilateral Investment Court Is A Bad Idea For Africa, Akinwumi Ogunranti
Dalhousie Law Journal
The UNCITRAL Working Group III (WG III) is discussing procedural reforms in the investor state dispute settlement system (ISDS). The ISDS framework is criticized on various grounds, including arbitrator bias, lack of transparency, and inconsistent arbitral decisions. One of the recent reform proposals before the WG III is the possibility of a multilateral investment court (MIC). This proposal is championed by European Union states and supported by Canada. The proposal recommends replacing ISDS’ Ad hoc investment tribunals with an established and permanent court where states appoint judges. This paper examines the MIC reform option and argues that replacing the ISDS …
Protecting Humanity's Cradle Of Civilization: Advancing The Right To Self-Determination For Indigenous Peoples In The Middle East & South Caucasus, 2024 Northwestern Pritzker School of Law
Protecting Humanity's Cradle Of Civilization: Advancing The Right To Self-Determination For Indigenous Peoples In The Middle East & South Caucasus, Lisabelle Panossian
Northwestern Journal of Human Rights
During this paper’s drafting, an indigenous people’s independent government collapsed. For over thirty years, the Republic of Artsakh was a de facto independent region inside the internationally-recognized borders of Azerbaijan. The region comprised of an indigenous Armenian majority—until September 2023. In December 2022, Azerbaijani authorities blocked the only road that connected Nagorno-Karabakh to the outside world. This blockade resulted in shortages of food, medical supplies, and fuel, the severity of which was especially felt during a harsh winter.
After experiencing starvation and preventable medical complications under a nine month-long blockade, the Azerbaijani government launched a military incursion on the Republic …
Reinterpreting Article 9 Of Japanese Constitutional Law From The International Law Perspective, 2024 Toyo University
Reinterpreting Article 9 Of Japanese Constitutional Law From The International Law Perspective, Hiroshi Saito
Japanese Society and Culture
This essay aims to demonstrate that the right of collective self-defense complements that of individual self-defense. Moreover, by exercising both rights of self-defense together, the ideals of the United Nations (UN) Charter and Japanese constitutional law can be implemented as stipulated.
However, this essay focuses on ensuring better consistency with the present time (synchronicity) rather than historical facts (historicity). Additionally, I have cited cases wherein the ideas and theories presented are controversial in academic circles. I cannot discuss them individually in this essay owing to space limitations, but I will consider them in a future opportunity. Finally, I would like …