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Dispute Resolution Mechanisms: An Analysis Of The Indus Waters Treaty, Waseem Ahmad Qureshi 2018 Pepperdine University

Dispute Resolution Mechanisms: An Analysis Of The Indus Waters Treaty, Waseem Ahmad Qureshi

Pepperdine Dispute Resolution Law Journal

Since India and Pakistan’s independence in 1947, both states have fought over the occupied territories of Kashmir to gain control of water supplies, which are strategically valuable. Even in recent times, the countries are facing constant threats from each other over several separate issues. India and Pakistan’s water conflicts are long-standing and relate to Indian infrastructure on the western tributaries. Pakistan is of the view that India is robbing Pakistan’s water supplies and building its water management capacity only as a political maneuver to gain political supremacy by practicing hydro-hegemony. On the other hand, India maintains that ...


Uniting Foes Of A Single Nation: Religious Dispute Resolution For India And Pakistan, Abraham Reinherz 2018 Pepperdine University

Uniting Foes Of A Single Nation: Religious Dispute Resolution For India And Pakistan, Abraham Reinherz

Pepperdine Dispute Resolution Law Journal

This article will bring forth the argument that a religious-based dispute resolution mechanism should be employed to, at a bare minimum, build bridges between the two countries that are dominated by Hinduism and Islam. This article is not suggesting that religious-based dispute resolution will be a panacea to the India-Pakistan conflict, but simply a method of putting the countries on a step towards reconciliation. Section II of the article will detail the historical background of the conflict. Section III will highlight existing ADR in both India and Pakistan. Section IV will go over the Islamic perspective on dispute resolution. Section ...


Will The Zika Virus Enable A Transplant Of Roe V. Wade To Brazil?, Amanda Greenberg 2018 University of Miami Law School

Will The Zika Virus Enable A Transplant Of Roe V. Wade To Brazil?, Amanda Greenberg

University of Miami Inter-American Law Review

No abstract provided.


The Impeachment Process Of Brazil: A Comparative Look At Impeachment In Brazil And The United States, Alexandra Rattinger 2018 University of Miami Law School

The Impeachment Process Of Brazil: A Comparative Look At Impeachment In Brazil And The United States, Alexandra Rattinger

University of Miami Inter-American Law Review

No abstract provided.


Deforestation Caused By Illegal Avocado Farming: A Case Study On The Effectiveness Of Mexico’S Payment For Ecosystem Services Program, Olivia Hansen 2018 University of Miami Law School

Deforestation Caused By Illegal Avocado Farming: A Case Study On The Effectiveness Of Mexico’S Payment For Ecosystem Services Program, Olivia Hansen

University of Miami Inter-American Law Review

No abstract provided.


The Creation Of The Sierra Del Divisor National Park: The Conservation Of Foreign Investment In Peru, Or How A National Park Neglects To Fully Protect Natural Resources Or Indigenous Communities, Charles Short 2018 University of Miami Law School

The Creation Of The Sierra Del Divisor National Park: The Conservation Of Foreign Investment In Peru, Or How A National Park Neglects To Fully Protect Natural Resources Or Indigenous Communities, Charles Short

University of Miami Inter-American Law Review

No abstract provided.


U.N. Security Council Resolution 1540: An Exemplary Model For A Framework To Safeguard Dangerous Dams Against Sabotage By Nonstate Actors, Ian Andrew Barber 2018 University of California, Hastings College of the Law

U.N. Security Council Resolution 1540: An Exemplary Model For A Framework To Safeguard Dangerous Dams Against Sabotage By Nonstate Actors, Ian Andrew Barber

Hastings International and Comparative Law Review

The purpose of this research is to explore how an international framework could be developed in order to safeguard large dams against sabotage by nonstate actors, such as terrorist organizations or hostile civilians. The necessity of an international security agreement to manage dams as a global security threat will be clearly substantiated via an analysis of three determinants: the possible magnitude of dam failure, the inadequacies of international law to regulate asymmetric warfare, and the evolving threat of dam sabotage in the developing world. Subsequently, various legal components and regulatory mechanisms from an existing international agreement will be considered with ...


Changing Governance Models By Applying Blockchain Computing, Steve Young 2018 The Catholic University of America, Columbus School of Law

Changing Governance Models By Applying Blockchain Computing, Steve Young

Catholic University Journal of Law and Technology

No abstract provided.


Failure Is Not Falling Down But Refusing To Get Up: Implication Of Huawei/Zte Framework (Cjeu 2015) In Europe, 17 J. Marshall Rev. Intell. Prop. L. 326 (2018), Ashish Bharadwaj, Dipinn Verma 2018 John Marshall Law School

Failure Is Not Falling Down But Refusing To Get Up: Implication Of Huawei/Zte Framework (Cjeu 2015) In Europe, 17 J. Marshall Rev. Intell. Prop. L. 326 (2018), Ashish Bharadwaj, Dipinn Verma

The John Marshall Review of Intellectual Property Law

The jurisprudence on standard-essential patents (SEPs) has evolved substantially in the last few years, particularly in the European jurisdictions, where EU courts have dealt with certain FRAND and antitrust issues in an unambiguous and novel manner. The 2015 landmark judgement in Huawei v. ZTE by the Court of Justice of the European Union brought clarity in understanding ‘unwilling licensee’ and laid down terms under which the holder of a FRAND-compliant SEP can seek injunctive relief that does not amount to an abuse of its dominant position. Four important judgements in Germany followed, where the regional courts have applied the CJEU ...


Non-State Actors As Respondents Before International Judicial Bodies, Peter Tzeng 2018 Nova Southeastern University

Non-State Actors As Respondents Before International Judicial Bodies, Peter Tzeng

ILSA Journal of International & Comparative Law

For centuries, non-state actors have acted as claimants before international judicial bodies. Only recently, however, have they begun acting as respondents.


International Comity And The Non-State Actor, Microsoft: Why Law Enforcement Access To Data Stored Abroad Act (Leads Act) Promotes International Comity, Sabah Siddiqui 2018 Catholic University of America (Student)

International Comity And The Non-State Actor, Microsoft: Why Law Enforcement Access To Data Stored Abroad Act (Leads Act) Promotes International Comity, Sabah Siddiqui

Catholic University Journal of Law and Technology

Currently large email service providers, such as Google, Microsoft and Yahoo are refusing to comply with warrants issued under the Secured Communications Act (“SCA”) because in many instances, the requested information may be stored in servers located abroad. In the dismissed Supreme Court case, In re Warrant to Search a Certain E-Mail Account Controlled & Maintained by Microsoft Corporation, the Supreme Court should have addressed whether an internet service provider must comply with a warrant issued under the SCA when the requested information is stored in a foreign country and whether enforcement of these warrants would be an impermissible extraterritorial application ...


The Impact Of Regulatory Measures Imposed On Initial Coin Offerings In The United States Market Economy, Joseph D. Moran 2018 Catholic University of America Columbus School of Law

The Impact Of Regulatory Measures Imposed On Initial Coin Offerings In The United States Market Economy, Joseph D. Moran

Catholic University Journal of Law and Technology

With the surge of technological advances across the financial market landscape, companies have implemented new ways of raising money that have sparked controversy among investors, legal practitioners, banks, and government regulators. This comment examines the technology behind Initial Coin Offerings (ICOs), and discusses the impact they have had on financial markets in the United States and across the globe. This comment also addresses the legal ramifications for companies issuing ICOs, and delves into the benefits of using blockchain technology as a means for transferring digital currencies and making business transactions. This comment further gives examples of current and potential regulations ...


Editors' Note, Jacques deLisle, Neysun A. Mahboubi 2018 University of Pennsylvania Law School

Editors' Note, Jacques Delisle, Neysun A. Mahboubi

University of Pennsylvania Asian Law Review

No abstract provided.


The Development Of Arbitral Institutions In Asia, Christopher K. Tahbaz, Justin R. Rassi 2018 University of Pennsylvania Law School

The Development Of Arbitral Institutions In Asia, Christopher K. Tahbaz, Justin R. Rassi

University of Pennsylvania Asian Law Review

No abstract provided.


Double Sovereignty In Europe? A Critique Of Habermas's Defense Of The Nation-State, Vlad F. Perju 2018 Boston College Law School

Double Sovereignty In Europe? A Critique Of Habermas's Defense Of The Nation-State, Vlad F. Perju

Boston College Law School Faculty Papers

Jürgen Habermas’s influential account of the transnationalization of democracy is typically seen as a bold attempt to articulate the political-philosophical foundations of European integration. Habermas posits an identity split between individuals as citizens of their nation states and (the same) individuals as members of the future European Union. According to the dual sovereignty thesis, nation states and the EU are co-original and co-determinate.

I challenge this conception on two grounds. First, split identity is a source of fragmentation that subverts the transnationalization of democracy. It would be irrational for EU citizens to partake in a project that empowers states ...


Constitutional Mobilization, Bui Ngoc Son 2018 Senior Research Fellow, Centre for Asian Legal Studies, National University of Singapore Faculty of Law

Constitutional Mobilization, Bui Ngoc Son

Washington University Global Studies Law Review

People around the world are mobilizing for constitutional change. This global phenomenon has been underexplored in comparative constitutional studies. This Article introduces the concept of constitutional mobilization, theorizes about it, and offers an original, empirical case-study.

First, it develops a general theoretical framework defined by the following key concepts. Constitutional mobilization is the process by which social actors employ constitutional norms and discourses to advocate for constitutional change. Constitutional opportunity refers to the general political and constitutional environment in which constitutional mobilization operates, and particular political and constitutional processes that provoke constitutional mobilization. Constitutional framing concerns identifying constitutional problems and ...


Administrative "Self-Regulation" And The Rule Of Administrative Law In China, Shen Kui 2018 University of Pennsylvania Law School

Administrative "Self-Regulation" And The Rule Of Administrative Law In China, Shen Kui

University of Pennsylvania Asian Law Review

No abstract provided.


Legal Pluralism And The Threat To Human Rights In The New Plurinational State Of Bolivia, James M. Cooper 2018 Professor of Law, Co-Director of the Center for Creative Problem Solving at California Western School of Law

Legal Pluralism And The Threat To Human Rights In The New Plurinational State Of Bolivia, James M. Cooper

Washington University Global Studies Law Review

Bolivia, the chronically poor, landlocked Andean country has long seen its indigenous populations marginalized, languishing in underdevelopment. Spanish colonialists destroyed any vestige of the vibrant, complex civilization that existed in the region – including the religious, political and legal systems in place for centuries. In December 2005, Evo Morales Ayma

was the first elected President of indigenous descent. After leading the changes in the country’s Constitution, Morales continued to rule Bolivia until the writing of this Article. The New Political Constitution of Plurinational State of Bolivia of 2009 and a national law for community justice, signed into law by Morales ...


The Complexities Of Human Rights And Constitutional Reform In The United Kingdom; Brexit And A Delayed Bill Of Rights: Informing (On) The Process, Katie Boyle, Leanne Cochrane 2018 Northwestern Pritzker School of Law

The Complexities Of Human Rights And Constitutional Reform In The United Kingdom; Brexit And A Delayed Bill Of Rights: Informing (On) The Process, Katie Boyle, Leanne Cochrane

Northwestern Journal of Human Rights

The United Kingdom’s politicised and contested human rights framework has come under increasing pressure during recent periods of constitutional and political instability. The UK 2016 referendum on membership of the European Union, the delayed repeal of the Human Rights Act 1998 and the proposals to enact a British Bill of Rights have all shaped the discourse at the national level around decisions to retain rights (or not) rather than progressively improve the human rights structure. The European Union and Council of Europe human rights frameworks act as important pillars of human rights and democracy under the UK constitution and ...


Three Arguments Of The “Right To Secession” In The Civil War: International Perspectives, Han Liu 2018 University of California, Hastings College of the Law

Three Arguments Of The “Right To Secession” In The Civil War: International Perspectives, Han Liu

Hastings International and Comparative Law Review

Secession becomes a source of controversies again both within and outside the United States. In both political discourse and public imagination, the image of secession of the South in the mid-nineteenth century, as well as the Civil War it triggered, occupies an important position. Conducted in blood, the end of the Civil War is usually thought to establish a constitutional rule that no state shall secede from the Union. Challenging the conventional understanding, recent legal scholarship has shown that the legality/constitutionality of secession did not receive a definitive, legal answer at Appomattox. But the question remains: Why so? Explaining ...


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