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The Principles Of International Law: Interpretivism And Its Judicial Consequences, Gianluigi Palombella 2015 SelectedWorks

The Principles Of International Law: Interpretivism And Its Judicial Consequences, Gianluigi Palombella

Gianluigi Palombella

Principles are part of international law as much as of other legal orders. Nonetheless, beyond principles referred to the functioning of IL, or the sector related discipline in discrete fields, those fundamental principles identifying the raison d’etre, purpose and value of the legal international order, as a whole, remain much disputed, to say the least. In addressing such a problem, one that deeply affects interpretation and legal adjudication, this article acknowledges the limits and weakness of legal positivism in making sense of the inter- and supra-national legal order(s). It appraises also the novel from the late Ronald Dworkin ...


Inciting Genocide With Words, Richard Ashby Wilson 2015 SelectedWorks

Inciting Genocide With Words, Richard Ashby Wilson

Richard Ashby Wilson

This article calls for a rethinking of the causation element in the prevailing international criminal law on direct and public incitement to commit genocide. After the conviction of Nazi propagandist Julius Streicher at Nuremberg for crimes against humanity, the crime of direct and public incitement to commit genocide was established in the UN Convention on the Prevention and Punishment of Genocide in 1948. The first (and thus far, only) convictions for the crime came fifty years later at the International Criminal Tribunal for Rwanda (ICTR). The ICTR’s incitement jurisprudence is widely recognized as problematic, but no legal commentator has ...


The Unconvincing Case Against Private Prisons, Malcolm M. Feeley 2014 Maurer School of Law: Indiana University

The Unconvincing Case Against Private Prisons, Malcolm M. Feeley

Indiana Law Journal

In 2009, the Israeli High Court of Justice held that private prisons are unconstitutional. This was more than a domestic constitutional issue. The court anchored its decision in a carefully reasoned opinion arguing that the state has a monopoly on the administration of punishment, and thus private prisons violate basic principles of modern democratic governance. This position was immediately elaborated upon by a number of leading legal philosophers, and the expanded argument has reverberated among legal philosophers, global constitutionalists, and public officials around the world. Private prisons are a global phenomenon, and this argument now stands as the definitive principled ...


Climate Engineering Field Research: The Favorable Setting Of International Environmental Law, Jesse Reynolds 2014 SelectedWorks

Climate Engineering Field Research: The Favorable Setting Of International Environmental Law, Jesse Reynolds

Jesse Reynolds

As forecasts for climate change and its impacts have become more dire, climate engineering proposals have come under increasing consideration and are presently moving toward field trials. This article examines the relevant international environmental law, distinguishing between climate engineering research and deployment. It also emphasizes the climate change context of these proposals and the enabling function of law. Extant international environmental law generally favors such field tests, in large part because, even though field trials may present uncertain risks to humans and the environment, climate engineering may reduce the greater risks of climate change. Notably, this favorable legal setting is ...


Free Exercise After The Arab Spring: Protecting Egypt’S Religious Minorities Under The Country’S New Constitution, James Michael Nossett 2014 Maurer School of Law: Indiana University

Free Exercise After The Arab Spring: Protecting Egypt’S Religious Minorities Under The Country’S New Constitution, James Michael Nossett

Indiana Law Journal

No abstract provided.


Arab Media Regulations: Identifying Restraints On Freedom Of The Press In The Laws Of Six Arabian Peninsula Countries, Matt J. Duffy 2014 Berkeley Law

Arab Media Regulations: Identifying Restraints On Freedom Of The Press In The Laws Of Six Arabian Peninsula Countries, Matt J. Duffy

Berkeley Journal of Middle Eastern & Islamic Law

No abstract provided.


Law As Faith, Faith As Law: The Legalization Of Theology In Islam And Judaism In The Thought Of Al-Ghazali And Maimonides, Shlomo C. Pill 2014 Berkeley Law

Law As Faith, Faith As Law: The Legalization Of Theology In Islam And Judaism In The Thought Of Al-Ghazali And Maimonides, Shlomo C. Pill

Berkeley Journal of Middle Eastern & Islamic Law

No abstract provided.


The Implications Of U.S. Antitrust Models For Asian Countries: Lessons From Korean Practice, Chang-Su Choe Mr. 2014 SelectedWorks

The Implications Of U.S. Antitrust Models For Asian Countries: Lessons From Korean Practice, Chang-Su Choe Mr.

Chang-Su Choe Mr.

This Article addresses the U.S. antitrust models to find out a viable benchmark model for comparative analysis and the viable model’s limitations on Korean and Asian competition analysis. It discusses how competition analysis based on relevant economic theories may be affected by the manner, place, and time of Asian specific market conditions, practices, and cultures, examining analytical challenges within the confines of economic science. It argues that the conventional U.S. antitrust thoughts should be adjusted to properly appreciate the operating modes of Korean and Asian competition law and practice to the extent that the three systems of ...


Salvaging The U.N. Collective Security System And The Global Counter-Terrorism Strategy On The Kadi Ii Aftermath Through The Modified Solange Ii Approach, Vittorio de' Medici-Rodrigues 2014 SelectedWorks

Salvaging The U.N. Collective Security System And The Global Counter-Terrorism Strategy On The Kadi Ii Aftermath Through The Modified Solange Ii Approach, Vittorio De' Medici-Rodrigues

Vittorio de' Medici-Rodrigues

Kadi II stands for the CJEU’s desideratum to protect human rights. A more nuanced reading of the case also reveals a silent agenda—to prevent a Solange I-type rebellion. Whilst the aforesaid objectives are laudable, this article criticizes the means adopted by the CJEU in pursuance of these aims. It contends that the normal review mandated by the CJEU in Kadi II jeopardizes the global counter-terrorism strategy and, more fundamentally, threatens the effectiveness of the U.N. collective security system. It then provides an alternative—one that better balances the protection of human rights and the EU’s ...


Bridging The Gap Between Intent And Status: A New Framework For Modern Parentage, yehezkel Margalit 2014 SelectedWorks

Bridging The Gap Between Intent And Status: A New Framework For Modern Parentage, Yehezkel Margalit

Hezi Margalit

The last few decades have witnessed dramatic changes in the conceptualization and methodologies of determining legal parentage in the U.S. and other countries in the western world. Through various sociological shifts, growing social openness and bio-medical innovations, the traditional definitions of family and parenthood have been dramatically transformed. This transformation has led to an acute and urgent need for legal and social frameworks to regulate the process of determining legal parentage. Moreover, instead of progressing in a piecemeal, ad-hoc manner, the framework for determining legal parentage should be comprehensive. Only a comprehensive solution will address the differing needs of ...


More Than A Woman: Insights Into Corporate Governance After The French Sex Quota, Darren Rosenblum, Daria Roithmayr 2014 BLR

More Than A Woman: Insights Into Corporate Governance After The French Sex Quota, Darren Rosenblum, Daria Roithmayr

University of Southern California Legal Studies Working Paper Series

In 2011, France enacted a Corporate Board Quota to establish a forty percent floor for either sex on corporate boards. Existing literature presumes that women will change the way firms function and that their presence in upper management will improve both governance and financial returns. To assess the potential impact of the quota, we interviewed twenty-four current and former corporate board members. Our analysis of these interviews generates two findings. First our results indicate that, at least in the view of board members, the sex quota has had an impact on the process of board decision making, but adding women ...


Bringing Down An Uprising: Egypt's Stillborn Revolution, Sahar Aziz 2014 SelectedWorks

Bringing Down An Uprising: Egypt's Stillborn Revolution, Sahar Aziz

Sahar F Aziz

On January 25, 2011, the world watched in awe as millions of Egyptians poured into the streets demanding bread, freedom, and social justice. All of which they had been denied for three decades under Mubarak’s deeply embedded authoritarian regime. That Egyptians had persevered economic and political indignities for so long without mass protest made the events of January 25 all the more striking. Once it became clear that Egypt’s despised security forces could not quash the masses, thousands of news articles, blogs, and tweets declared that Egyptians were finally revolting. After sixty years of authoritarianism led by retired ...


Female Genital Mutilation And Designer Vaginas In Britain: Crafting An Effective Legal And Policy Framework, Lisa Avalos 2014 SelectedWorks

Female Genital Mutilation And Designer Vaginas In Britain: Crafting An Effective Legal And Policy Framework, Lisa Avalos

Lisa Avalos

The prevalence of female genital mutilation (FGM) in Britain and Europe has grown in recent years as a result of international migration, and European institutions have grown increasingly concerned with eradicating the practice. According to the European Parliament, approximately 500,000 girls and women living in Europe have undergone FGM and are suffering with the lifelong consequences of the procedure, and more than 30,000 girls in Britain are thought to be at risk of future FGM. Although Britain strengthened its law against FGM in 2003, the number of girls at risk continues to grow, and there have been no ...


Executive Power And Regional Climate Change Agreements, Conor J. Walline 2014 Pace University

Executive Power And Regional Climate Change Agreements, Conor J. Walline

Pace Environmental Law Review

This Article explores the potential for such agreements to address climate change on a regional level by analyzing the parallels between the agreements, the nature and limits of the executive power used to create them, and the scope of enforcement available under them. Section II briefly examines the present state of climate warming and its attendant impacts, while Section III highlights the relative failure of current national and international approaches to mitigating climate change. Section IV focuses on the recent rise of environmental regional agreements in the United States, specifically those agreements to which the State of New York has ...


A Case For The Recognition Of A Concept Of Judge-Made International Law, Theodor JR Schilling 2014 SelectedWorks

A Case For The Recognition Of A Concept Of Judge-Made International Law, Theodor Jr Schilling

Theodor JR Schilling

Judge-made international law (JMIL) based on a law of reason exists as well in

some municipal court decisions setting a precedent as in ones building upon

such a precedent. Such court decisions rely on the faculty of judicial borderline

institutions to decide against normally binding customary international law

(CIL). This implies for the first group that they may positivise a law of reason,

and for the second group they may defer to thus positivised laws of reason, both

irrespective of contrary CIL.

Norms of JMIL and of CIL are determined according to different secondary

rules. Therefore, court decisions which are ...


The Law And Economics Of Microfinance, Katherine Helen Mary Hunt 2014 SelectedWorks

The Law And Economics Of Microfinance, Katherine Helen Mary Hunt

Katherine Helen Mary Hunt

Financial inclusion may be jargon which appeals to international donors and academics, but the strategic implementation in developing countries is often based on international du jour priorities, such as microfinance. The topic of microfinance is highly debated in the academic literature, although little empirical work has been published. Further, no literature to date has considered microfinance from a law and economics perspective. This paper seeks to contribute to the gap in the literature by considering how microfinance has evolved to address the credit market failure, and how microfinance regulation should be designed to promote long term financial inclusion via financially ...


Essential Facilities Doctrine And China’S Anti-Monopoly Law, Yong Huang, Elizabeth Xiao-Ru Wang, Xin Roger Zhang 2014 SelectedWorks

Essential Facilities Doctrine And China’S Anti-Monopoly Law, Yong Huang, Elizabeth Xiao-Ru Wang, Xin Roger Zhang

Elizabeth Xiao-Ru Wang

No abstract provided.


The Road Most Travel: Is The Executive’S Growing Preeminence Making America More Like The Authoritarian Regimes It Fights So Hard Against?, Ryan T. Williams 2014 SelectedWorks

The Road Most Travel: Is The Executive’S Growing Preeminence Making America More Like The Authoritarian Regimes It Fights So Hard Against?, Ryan T. Williams

Ryan T. Williams

Since September 11, 2001, the Executive branch of the Unites States government continues to accumulate power beyond which is granted to it under the U.S. Constitution. This Article examines how the Executive wields this additional power through a secret surveillance program, the indefinite detention of terror suspects, and the implementation of a kill list, where Americans and non-Americans alike are targeted and killed without any judicial determination of guilt or innocence. Moreover, Congress and the Judiciary have condoned the Executive’s unconstitutional power accumulation by not only remaining idle and refusing to challenge this taking, but by preventing other ...


A Competition Of Minds And A Penetration Of Souls: How Short-Term Interrogation Tactics After 9/11 Led To Grave Long-Term Unintended Consequences Today (As Told Through The Voices Of Four Interrogators), Peter J. Honigsberg 2014 University of San Francisco

A Competition Of Minds And A Penetration Of Souls: How Short-Term Interrogation Tactics After 9/11 Led To Grave Long-Term Unintended Consequences Today (As Told Through The Voices Of Four Interrogators), Peter J. Honigsberg

Peter J Honigsberg

No abstract provided.


A Supplementary Submission On Trojan Horse Clauses: Investor-State Dispute Settlement, Matthew Rimmer 2014 SelectedWorks

A Supplementary Submission On Trojan Horse Clauses: Investor-State Dispute Settlement, Matthew Rimmer

Matthew Rimmer

Executive Summary This supplementary submission considers a number of new developments in Investor-State Dispute Settlement in Canada, North America, the European Union, and Africa. This supplementary submission highlights the application of Investor-State Dispute Settlement in the context of water rights, intellectual property, and media regulation. This supplementary submission also highlights the conflict between domestic courts and international tribunals in Investor-State Dispute Settlement, raising significant issues about the rule of law and justice. Recommendation 14 In light of the work of Maude Barlow and the Council of Canadians, it is evident that Investor-State Dispute Settlement has a significant impact upon water ...


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