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Trading With Foreigners: An Interdisciplinary Analysis Of China's Core Interests In Trade And Foreign Policy, Phoenix X.F. Cai 2015 University of Akron

Trading With Foreigners: An Interdisciplinary Analysis Of China's Core Interests In Trade And Foreign Policy, Phoenix X.F. Cai

Akron Law Review

No abstract provided.


The Development Of Foreign Investment Law In Egypt And Its Effect On Private Foreign Investment, George E. Bushnell III 2015 Emory University School of Law

The Development Of Foreign Investment Law In Egypt And Its Effect On Private Foreign Investment, George E. Bushnell Iii

Georgia Journal of International & Comparative Law

No abstract provided.


Foreign Investment In The People's Republic Of China: Compensation Trade, Joint Ventures, Industrial Property Protection And Dispute Settlement, Kevin K. Maher 2015 University of Georgia School of Law

Foreign Investment In The People's Republic Of China: Compensation Trade, Joint Ventures, Industrial Property Protection And Dispute Settlement, Kevin K. Maher

Georgia Journal of International & Comparative Law

No abstract provided.


European Economic Community - Article 119 - British Equal Pay Act Of 1970 - Referral To European Court Of Justice - Applicability To British Pension Plan And To Successive Employment Cases., Beverly Martin 2015 University of Georgia School of Law

European Economic Community - Article 119 - British Equal Pay Act Of 1970 - Referral To European Court Of Justice - Applicability To British Pension Plan And To Successive Employment Cases., Beverly Martin

Georgia Journal of International & Comparative Law

No abstract provided.


And Then There Were Two: Why Is The United States One Of Only Two Countries In The World That Has Not Ratified The Convention On The Rights Of The Child?, Mark Engman 2015 Director, Public Policy and Advocacy at U.S. Fund for UNICEF

And Then There Were Two: Why Is The United States One Of Only Two Countries In The World That Has Not Ratified The Convention On The Rights Of The Child?, Mark Engman

International Human Rights Law Journal

Twenty-five years ago, the United Nations General Assembly (‘U.N. General Assembly’) unanimously adopted the Convention on the Rights of the Child (hereinafter the “CRC”), which became the most widely accepted human rights treaty in history. Today, every nation in the world is a party to the CRC – except for two: Somalia, and the United States. This article will analyze the politics behind America’s failure to ratify this treaty. That may seem a little out of place in a law journal, but in reality the United States’ (‘U.S.’) acceptance or rejection of international law is as much a ...


Principled Humanitarian Organizations And The Use Of Force: Is There Space To Speak Out?, Scott Paul, Elizabeth Holland 2015 Senior Humanitarian Advisor, Oxfam America

Principled Humanitarian Organizations And The Use Of Force: Is There Space To Speak Out?, Scott Paul, Elizabeth Holland

International Human Rights Law Journal

Humanitarian organizations are fundamentally concerned with addressing the suffering of civilians. The decision by an armed actor to resort to force can result in greater protection or greater harm, and has at least as significant an impact on civilian lives as any decision made during the conduct of hostilities. Yet, humanitarian organizations rarely publicly advocate for or against the use of force. This article explores the perceived and actual limitations that humanitarian principles place on the public advocacy of humanitarian organizations regarding the recourse to force. It begins with a discussion of the relevant legal framework and explication of the ...


Transitional Justice In Sri Lanka: Rethinking Post-War Diaspora Advocacy For Accountability, Mytili Bala 2015 Robert L. Bernstein International Human Rights Fellow at the Center for Justice and Accountability

Transitional Justice In Sri Lanka: Rethinking Post-War Diaspora Advocacy For Accountability, Mytili Bala

International Human Rights Law Journal

Sri Lanka’s 26-year civil war against the Liberation Tigers of Tamil Eelam came to a bloody end in May 2009, amidst allegations of war crimes and crimes against humanity on both sides. Since then, Tamils in the diaspora, long accused of funding the war, have become vocal proponents for war crimes accountability. Some might label certain forms of diaspora advocacy as “lawfare” or “long-distance nationalism.” However, these labels fail to account for the complex memories and identities that shape diaspora advocacy for accountability today. In order for Sri Lanka to move forward from decades of conflict, transitional justice mechanisms ...


No Child Is An Island: The Predicament Of Statelessness For Children In The Caribbean, Catherine A. Tobin 2015 Senior Protection Associate, United Nations High Commissioner for Refugees

No Child Is An Island: The Predicament Of Statelessness For Children In The Caribbean, Catherine A. Tobin

International Human Rights Law Journal

In a region characterized by human mobility, many children in the Caribbean are born in a different country than their parents. In fact, the Caribbean is considered one of the regions with the highest percentage of people migrating. This article will analyze the root causes of statelessness for children in the Caribbean, focusing primarily on the dangerous interplay between ineffective birth registration systems and lack of safeguards for children who would be otherwise stateless. The article will also address recent shifts in migration and nationality policies in countries such as The Bahamas and the Dominican Republic that have exacerbated existing ...


Reflections Of The World Bank’S Report On The Treatment Of The Insolvency Of Natural Persons In The Newest Consumer Bankruptcy Laws: Colombia, Italy, Ireland, Jason J. Kilborn 2015 John Marshall Law School

Reflections Of The World Bank’S Report On The Treatment Of The Insolvency Of Natural Persons In The Newest Consumer Bankruptcy Laws: Colombia, Italy, Ireland, Jason J. Kilborn

Pace International Law Review

In 2011, the World Bank initiated its first-ever examination of the policies and characteristics of effective insolvency systems for individuals (natural persons). This paper describes the two-year process that led to the publication of the World Bank’s landmark Report on the Treatment of the Insolvency of Natural Persons. After examining the key content and three major themes of the Report, three of the most recent new personal insolvency regimes are introduced with an eye to identifying the ways in which the themes of the Report are reflected in these new laws. The personal insolvency provisions in Colombian law most ...


Contractual Excuse Under The Cisg: Impediment, Hardship, And The Excuse Doctrines, Larry A. DiMatteo 2015 Warrington College of Business Administration

Contractual Excuse Under The Cisg: Impediment, Hardship, And The Excuse Doctrines, Larry A. Dimatteo

Pace International Law Review

This article will examine the law of excuse as espoused in the Convention on Contracts for the International Sale of Goods (CISG). It will examine the relevant case law applying the doctrine of impediment found in CISG Article 79. The question posed in this analysis is whether the word “impediment” relates only to the occurrences of force majeure, impossibility and frustration of purpose events or if it also includes changed circumstances, impracticability and hardship events. For purposes of simplicity, the first set of excuse or exemption doctrines will be analyzed under the heading of “impossibility” and the second set will ...


Criminal Responsibility For Arbitrators In Chinese Law: Perversion Of Law In Commercial Arbitration, Duan Xiaosong 2015 Southwest University (China)

Criminal Responsibility For Arbitrators In Chinese Law: Perversion Of Law In Commercial Arbitration, Duan Xiaosong

Pace International Law Review

This article is prompted by a recent Chinese criminal provision governing the impartiality of arbitration. The goals of the article fare to critically examine the new criminal statute created by the provision and to put forward some proposals for reform, which could be employed to resolve the tension that exists between arbitrator impartiality and deference to arbitration. Although the new provision appears to eliminate the abuse of arbitral power, it may raise more questions than it resolves. This article explores the problems and undertakes a comparative analysis of the corresponding U.S. provision, as well as an analysis of some ...


The Hiv Care Cascade: Models, Measures And Moving Forward, Sarah MacCarthy, Michael Hoffman, Laura Ferguson, Amy Nunn, Risha Irvin, David Bangsberg, Sofia Gruskin, Ines Dourado 2015 RAND Corporation

The Hiv Care Cascade: Models, Measures And Moving Forward, Sarah Maccarthy, Michael Hoffman, Laura Ferguson, Amy Nunn, Risha Irvin, David Bangsberg, Sofia Gruskin, Ines Dourado

University of Southern California Legal Studies Working Paper Series

Introduction: This article seeks to identify where delays occur along the adult HIV care cascade (‘‘the cascade’’), to improve understanding of what constitutes ‘‘delay’’ at each stage of the cascade and how this can be measured across a range of settings and to inform service delivery efforts. Current metrics are reviewed, measures informed by global guidelines are suggested and areas for further clarification are underscored.

Discussion: Questions remain on how best to evaluate late entry into each stage of the cascade. The delayed uptake of HIV testing may be more consistently measured once rapid CD4 testing is administered at the ...


The Traditional View Of Public Policy And Ordre Public In Private International Law, Kent Murphy 2015 University of Georgia School of Law

The Traditional View Of Public Policy And Ordre Public In Private International Law, Kent Murphy

Georgia Journal of International & Comparative Law

No abstract provided.


Contemplating Abortion: Hiv-Positive Women's Decision To Terminate Pregnancy, Sarah MacCarthy, Jennifer Rasanathan, Ann Crawford-Roberts, Ines Dourado, Sofia Gruskin 2015 RAND Corporation

Contemplating Abortion: Hiv-Positive Women's Decision To Terminate Pregnancy, Sarah Maccarthy, Jennifer Rasanathan, Ann Crawford-Roberts, Ines Dourado, Sofia Gruskin

University of Southern California Legal Studies Working Paper Series

Research on pregnancy termination largely assumes HIV status is the only reason why HIV-positive women contemplate abortion. As antiretroviral treatment (ART) becomes increasingly available and women are living longer, healthier lives, the time has come to consider the influence of other factors on HIV-positive women’s reproductive decision-making. Because ART has been free and universally available to Brazilians for more than two decades, Brazil provides a unique context in which to explore these issues. A total of 25 semi-structured interviews exploring women’s pregnancy termination decision-making were conducted with women receiving care at the Reference Centre for HIV/AIDS in ...


Air Pollution, Health, And Human Rights, Jonathan M. Samet, Sofia Gruskin 2015 USC, Institute for Global Health

Air Pollution, Health, And Human Rights, Jonathan M. Samet, Sofia Gruskin

University of Southern California Legal Studies Working Paper Series

Worldwide, the problem of air pollution is heterogeneous in its sources and in the populations affected, but consistent in that there is an urgent need for action. In this Comment, we address whether framing air pollution as a human rights issue would more quickly and efficiently motivate and direct actions than what is done at present. We conclude that rights-based approaches merit deeper consideration to advance control for air pollution worldwide at a time when air quality is notably deteriorating in many parts of the world.


From The Savings And Loan Association Crisis Of The 1980s To The Dodd-Frank Wall Street Reform And Consumer Protection Act: The Effect Of The Dodd-Frank Act On U.S. Thrifts And The Lesson For The Korean Savings Bank Crisis, Beumhoo Jang 2015 Indiana University Maurer School of Law

From The Savings And Loan Association Crisis Of The 1980s To The Dodd-Frank Wall Street Reform And Consumer Protection Act: The Effect Of The Dodd-Frank Act On U.S. Thrifts And The Lesson For The Korean Savings Bank Crisis, Beumhoo Jang

Theses and Dissertations

The subprime mortgage crisis occurred in the United States in 2008, which struck the U.S. economy tremendously, and moreover, the world’s economy. In response to the crisis, the U.S. government enacted the Dodd-Frank Wall Street Reform and Consumer Protection Act. The Act, however, focused mainly on enhancing regulatory systems rather than considering how the Act affected small-scale financial institutions, including thrifts, which play a major role in the U.S. local housing development industry.

In addition, the Act did not accord with the principles of the Government Accountability Office, and left certain regulatory measures intact, including the ...


Enhancing The Compensatory Roles Of Financial Regulatory Agencies In South Korea: Lessons From The U.S. Sec's Fair Fund, Daeil Kim 2015 Indiana University Maurer School of Law

Enhancing The Compensatory Roles Of Financial Regulatory Agencies In South Korea: Lessons From The U.S. Sec's Fair Fund, Daeil Kim

Theses and Dissertations

Recent financial scandals in South Korea that caused massive harms to financial consumers instigated voices that financial regulators should play a more active role in recompensing victims for losses incurred by misconduct in the financial market. In this regard, this thesis aims to suggest several considerations in developing the compensation scheme for injured financial consumers in Korea. This thesis first reviews the Federal Account for Investor Restitution (FAIR) Fund operated by the U.S. Securities and Exchange Commission. Specifically, it broadly addresses the history, overall process, operation, and major issues related to the FAIR Fund. Based on the FAIR Fund ...


People's Republic Of China - Personal Income Tax, Olive E. Bell 2015 University of Georgia School of Law

People's Republic Of China - Personal Income Tax, Olive E. Bell

Georgia Journal of International & Comparative Law

No abstract provided.


Decentralization Of China's Foreign Trade Structures, Sally L. Ellis 2015 Office of the Assistant General Counsel for International Trade

Decentralization Of China's Foreign Trade Structures, Sally L. Ellis

Georgia Journal of International & Comparative Law

No abstract provided.


Human Rights Violations At Guantánamo Bay: How The United States Has Avoided Enforcement Of International Norms, Samantha Pearlman 2015 Seattle University School of Law

Human Rights Violations At Guantánamo Bay: How The United States Has Avoided Enforcement Of International Norms, Samantha Pearlman

Seattle University Law Review

Guantánamo Bay has become a symbol of the United States’ approach to the War on Terror. The detention center is globally known for the human rights violations committed there; yet, the international community has failed to take actions to successfully close the facility through either the use of pressure on the U.S. government or by utilizing enforcement mechanisms against the United States as it would any other nation committing proportional human rights violations. The United States’ actions at Guantánamo Bay violate its obligations under the Third Geneva Convention, the International Covenant for Civil and Political Rights (ICCPR), the Convention ...


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