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20140 full-text articles. Page 1 of 412.

Are They Pirates Or Pioneers?, Ashley Song 2017 University of Pennsylvania (2012)

Are They Pirates Or Pioneers?, Ashley Song

Hyein Ashley Song Ms.

Korea has the perceptive corruption level lower than the Western countries and shares the common appetite for the cultural products with the Japanese, often regarding Japanese more noble or superior and Westerns even more. Based on this sentiment, the ‘license musicals’ which have been bilaterally purchased from the West are popularly consumed in Korea. The paper calls this is not the cultural business, but the “self-confined cripples’ money party based on the informational deceptions.” The Korean licensee who has fueled the staggering production in the US transforms to the businessmen, caster, and producer in Korea . The licensed dramatico-musical transforms to ...


The Rise Of The Global South, The Imf And The Future Of Law And Development, Gabriel Garcia 2016 University of Wollongong

The Rise Of The Global South, The Imf And The Future Of Law And Development, Gabriel Garcia

Dr Gabriel Garcia

After the onset of the Asian Financial Crisis, the world has witnessed a re-accommodation of the global financial system. In the particular case of middle-income countries, they have disentangled themselves from the conditionality of the International Monetary Fund (IMF) and grown into more assertive actors in international forums, proposing new alternative mechanisms to become more financially independent and for the provision of development assistance. The article critically reviews the new reality by assessing the strategies deployed by developing countries to reduce the IMF’s influence and explores the potential consequences of the rise of middle-income nations for Law and Development.


Power And Proximity: The Politics Of State Secession, Elizabeth A. Nelson 2016 Graduate Center, City University of New York

Power And Proximity: The Politics Of State Secession, Elizabeth A. Nelson

All Graduate Works by Year: Dissertations, Theses, and Capstone Projects

State secession is a rare occurrence in the international system. While a number of movements seek secession, the majority fail to achieve statehood. Of the exceptional successes, many have not had the strongest claims to statehood; some of these new states look far less like states than some that have failed. So what accounts for these secessions? I argue that the politics of regional actors drive the process. If a secessionist movement does not have the support of actors in the region, it will not achieve statehood. There are three mechanisms through which regional actors can determine outcomes: (1) they ...


Bond And The Vienna Rules, Roger P. Alford 2016 Notre Dame Law School

Bond And The Vienna Rules, Roger P. Alford

Roger P. Alford

No abstract provided.


Arbitrating Human Rights, Roger P. Alford 2016 Notre Dame Law School

Arbitrating Human Rights, Roger P. Alford

Roger P. Alford

The article addresses the vexing problem of holding corporations liable for assisting in the sovereign abuse of human rights. Currently domestic human rights litigation against corporations appears to be a proxy fight in which the accomplice is pursued while the principal evades punishment. Typically the principal malfeasor - the sovereign - is immune from suit because of foreign sovereign immunity. But corporations can be found liable for aiding and abetting those violations. This article suggests a solution to this problem, drawing on principles from contract law and arbitration. If a corporation is found liable for aiding and abetting sovereign abuse, it may ...


Apportioning Responsibility Among Joint Tortfeasors For International Law Violations, Roger P. Alford 2016 Notre Dame Law School

Apportioning Responsibility Among Joint Tortfeasors For International Law Violations, Roger P. Alford

Roger P. Alford

With the new wave of claims against corporations for human rights violations – particularly in the context of aiding and abetting government abuse – there are unusually difficult problems of joint tortfeasor liability. In many circumstances, one tortfeasor – the corporation – is a deep-pocketed defendant, easily subject to suit, but only marginally involved in the unlawful conduct. Another tortfeasor – the sovereign – is a central player in the unlawful conduct, but, with limited exceptions, is immune from suit under the Foreign Sovereign Immunities Act. A third tortfeasor – the low-level security personnel – accused of actually committing the atrocity, is beyond the jurisdictional reach of the ...


Kain V. Department Of Environmental Protection, Sarah M. Danno 2016 Alexander Blewett III School of Law at the University of Montana

Kain V. Department Of Environmental Protection, Sarah M. Danno

Public Land and Resources Law Review

Global climate change and its chronic frustrations generated passage of the Massachusetts Global Warming Solutions Act. The Massachusetts Legislature imposed time-bound implementation mandates on the Massachusetts Department of Environmental Protection with Massachusetts residents acting as compliance watchdogs. In Kain, the Supreme Judicial Court of Massachusetts interpreted the Act in favor of environmental integrity and strict agency compliance standards.


Enforcing United Nations Decisions In Domestic Courts, Mary Ellen O'Connell 2016 Indiana University School of Law - Bloomington

Enforcing United Nations Decisions In Domestic Courts, Mary Ellen O'Connell

Mary Ellen O'Connell

No abstract provided.


Continuing Limits On Un Intervention In Civil War, Mary Ellen O'Connell 2016 Indiana University School of Law

Continuing Limits On Un Intervention In Civil War, Mary Ellen O'Connell

Mary Ellen O'Connell

No abstract provided.


Enforcement And The Success Of International Environmental Law, Mary Ellen O'Connell 2016 Indiana University School of Law

Enforcement And The Success Of International Environmental Law, Mary Ellen O'Connell

Mary Ellen O'Connell

Professor O'Connell discusses the tradtional methods used for international law "enforcement," and she argues that international law is generally obeyed Its enforcement is based primarily on compliance, not enforcement. Accordingly, the author argues against using international enforcement mechanisms to enforce international environmental law. Instead, she posits that domestic courts should be used for international environmental law enforcement, however, certain obstacles, such as sovereign immunity, the doctrine of standing, and the principle of forum non conveniens, must be overcome. Professor O'Connell argues that it may be possible to overcome many of these court-made obstacles to enforcing international law through ...


Wartime Environmental Pollution And Endangerment: The Landmine Scourge And The Global Effort To Eliminate It, Theresa Oby Ilegbune 2016 Nigerian Institute of Advanced Legal Studies, Abuja, Nigeria

Wartime Environmental Pollution And Endangerment: The Landmine Scourge And The Global Effort To Eliminate It, Theresa Oby Ilegbune

Annual Survey of International & Comparative Law

The principal purpose of this paper is to discuss the legal aspects of the global efforts to ban and eliminate landmines. In doing this, it is considered necessary to explain what landmines are; the nature and extent of security, social and environmental problems posed by landmines; the history and development of the international campaign to adopt a treaty banning landmines; and efforts made, and still being made, to implement that treaty. In these discussions, Nigeria will be used as a case study.


Border Tax Adjustments And Developing Countries: A Perspective From China, Shufan Sung 2016 Golden Gate University School of Law

Border Tax Adjustments And Developing Countries: A Perspective From China, Shufan Sung

Annual Survey of International & Comparative Law

It is no hyperbole to say that climate change is one of the most urgent crises all humans face together. Among the many ways that governments have attempted to curb carbon emissions, border tax adjustments (BTAs) have majorly aimed to restore the competitiveness of developed countries with more stringent carbon control policies. This article carefully examines the proposal under the tests of international environmental laws to evaluate the implications of BTAs in international legal system. The article argues that the imposition of BTAs will be inconsistent with set principles of the common but differentiated responsibility (CBDR), sustainable development and polluter ...


Pension Trust Investment In Nigeria – Celebrating The Sea Change Wrought By The Pension Reform Act, Larry O.C. Chukwu 2016 University of Abuja, Nigeria

Pension Trust Investment In Nigeria – Celebrating The Sea Change Wrought By The Pension Reform Act, Larry O.C. Chukwu

Annual Survey of International & Comparative Law

This work surveys the modalities for pension trust investment in Nigeria, which has only recently been favoured with a distinct legal framework. It gives a brief historical account of pension administration in Nigeria, identifies the policy and philosophical underpinnings of the new pension regime, expounds the relevant provisions of the Pension Reform Act 2014 together with the Regulation on Investment of Pension Fund Assets, and concludes with a critique of the Act and recommendations. Pertinent comparison is made between the provisions of the new legislation and extant Trustee Investments Act (which hitherto governed pension trust investments) with a view to ...


Twenty Years Of Trips, Twenty Years Of Debate: The Extension Of High Level Protection Of Geographical Indications – Arguments, State Of Negotiations And Prospects, Friederike Frantz 2016 Golden Gate University School of Law

Twenty Years Of Trips, Twenty Years Of Debate: The Extension Of High Level Protection Of Geographical Indications – Arguments, State Of Negotiations And Prospects, Friederike Frantz

Annual Survey of International & Comparative Law

This paper illustrates the current protection of Geographical Indications (GIs) in TRIPS, the arguments of the parties for and against the high level protection extension and the state of negotiations, with a focus on the European Union (EU) and the U.S. as major advocates for each side of the discussion. The paper examines the prospects of a potential agreement in the extension debate within the WTO and looks at the influence of free trade agreements on the GI extension issue.


Public Regulation Of The Oil And Gas Industry In Nigeria: An Evaluation, Eghosa Osa Ekhator 2016 Golden Gate University School of Law

Public Regulation Of The Oil And Gas Industry In Nigeria: An Evaluation, Eghosa Osa Ekhator

Annual Survey of International & Comparative Law

Nigeria operates a command and control regulatory framework in the oil and gas sector. This type of regulation was prevalent in the United States and Britain during the 1970s and 1980s. Under this regulatory framework, regulators are deemed to be acting in the public interest. This article focuses on the extant public regulatory regime in the oil and gas sector in Nigeria. Generally, factors, such as red-tape, over-regulation and regulatory capture, amongst others, are some reasons militating against a command and control regulatory regime. This article will contend that unless there is a paradigmatic shift in the state-oriented or public ...


Hybrid Legal Approaches Towards Climate Change: Concepts, Mechanisms And Implementation, Cosmin Corendea 2016 United Nations University

Hybrid Legal Approaches Towards Climate Change: Concepts, Mechanisms And Implementation, Cosmin Corendea

Annual Survey of International & Comparative Law

No abstract provided.


The Effectiveness Of International Law: Torture And Counterterrorism, Ogechi Joy Anwukah 2016 Golden Gate University School of Law

The Effectiveness Of International Law: Torture And Counterterrorism, Ogechi Joy Anwukah

Annual Survey of International & Comparative Law

This paper sets out to address the following question: to what extent has international law effectively curtailed the practice of torture in a democratic society within the context of the ‘war against terror’? This paper will first provide an overview of the current regime of international law prohibiting torture. Next, this paper will discuss the absolute ban on torture and violations that have occurred in the name of the ‘war against terror.’ This paper will then address the consequences of the use of torture as a counterterrorism measure. Finally, this paper will critically analyze the effectiveness of international law on ...


Editorial, Christian N. Okeke 2016 Golden Gate University School of Law

Editorial, Christian N. Okeke

Annual Survey of International & Comparative Law

No abstract provided.


Table Of Contents, 2016 Golden Gate University School of Law

Table Of Contents

Annual Survey of International & Comparative Law

No abstract provided.


Masthead, 2016 Golden Gate University School of Law

Masthead

Annual Survey of International & Comparative Law

No abstract provided.


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