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The Alliance Of Small Island States: Intellectual Property, Cultural Heritage, And Climate Change, Matthew Rimmer 2017 Queensland University of Technology

The Alliance Of Small Island States: Intellectual Property, Cultural Heritage, And Climate Change, Matthew Rimmer

Matthew Rimmer

This article will consider the role of AOSIS in debates over intellectual property, the environment, and climate change. It will consider questions of technology transfer, climate justice, and intergenerational equity. This article will conclude that there is a need for AOSIS to bolster its position on intellectual property, technology transfer, access to genetic resources, and Indigenous Knowledge. Moreover, the group could seek to benefit from the development of international networks – such as the Technology Mechanism established under the United Nations Framework Convention on Climate Change 1992, and the Global Indigenous Network announced by Australia at the Rio 20 discussions on ...


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 ...


Free, Prior, And Informed Consent And Reconciliation In Canada: Proposals To Implement Articles 19 And 32 Of The Un Declaration On The Rights Of Indigenous Peoples, Sasha Boutilier 2017 University of Toronto

Free, Prior, And Informed Consent And Reconciliation In Canada: Proposals To Implement Articles 19 And 32 Of The Un Declaration On The Rights Of Indigenous Peoples, Sasha Boutilier

Western Journal of Legal Studies

Canadian Prime Minister Justin Trudeau has repeatedly promised to meet the Indian Residential School Truth and Reconciliation Commission’s recommendation to implement the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) as a framework for reconciliation. This commitment is significant as Canada’s position on UNDRIP has been highly contested. In particular, the compatibility of UNDRIP’s Free, Prior, and Informed Consent (FPIC) standard with Canadian law has been repeatedly called into question. This work evaluates the possibility and importance of implementing FPIC in Canada. It begins with an overview of FPIC internationally and of FPIC in relation ...


Consult, Consent, And Veto: International Norms And Canadian Treaties, Shin Imai 2017 Osgoode Hall Law School of York University

Consult, Consent, And Veto: International Norms And Canadian Treaties, Shin Imai

Articles & Book Chapters

Large parts of Canada, from Ontario to parts of British Columbia and north to the Northwest Territories, are covered by the “numbered treaties”, signed between First Nations and the Crown between 1871 and 1929. These treaties provide for the continuation of Indigenous hunting, fishing and harvesting activities until the land is “taken up” by the provincial Crown for activities such as mining, lumbering and settlement. This draft book chapter argues that consent of First Nations should be required before further development that impact on their harvesting rights. The consent standard has already been widely adopted in the private sector both ...


Civil War Or Genocide? The United Nations Commission Of Experts’ Misunderstanding Of The Third Balkan War Of The 1990s, Matthew G. Morley 2017 DePaul University

Civil War Or Genocide? The United Nations Commission Of Experts’ Misunderstanding Of The Third Balkan War Of The 1990s, Matthew G. Morley

Grand Valley Journal of History

When the country of Yugoslavia disintegrated into war, the United Nations created a research commission, the Yugoslav Commission of Experts, to document war crimes. This commission, led by Cherif M. Bassiouni, depicted the conflict as a perpetual problem with historical roots and also as having victims on both sides, which presented a legal-definitional paradox to the Security Council, requiring litigation of principles, categorization of conflicts, and discussion of further involvement - if applicable. This paper traces the essentialist understandings of the Commission of Experts and the International Human Rights Law Institute – two groups that otherwise had good intentions to bring about ...


Sub-Regional Courts In Africa: Litigating The Hybrid Right To Freedom Of Movement, Laurence R. Helfer 2017 Duke Law School

Sub-Regional Courts In Africa: Litigating The Hybrid Right To Freedom Of Movement, Laurence R. Helfer

Faculty Scholarship

Human rights attorneys and civil society groups in Africa have recently focused their advocacy efforts on sub-regional courts associated with economic integration communities in East, West and Southern Africa. The East African Court of Justice (EACJ), the Court of Justice of the Economic Community of West African States (ECOWAS), and the Tribunal of the Southern African Development Community (SADC) have received few suits challenging trade restrictions and other barriers to sub-regional integration. Instead, and surprisingly, the courts’ dockets are dominated by complaints alleging violations of international human rights law.
This article offers the first analysis of EACJ, ECOWAS Court and ...


Sovereign Debt And The “Contracts Matter” Hypothesis, W. Mark C. Weidemaier, Mitu Gulati 2017 Duke Law School

Sovereign Debt And The “Contracts Matter” Hypothesis, W. Mark C. Weidemaier, Mitu Gulati

Faculty Scholarship

The academic literature on sovereign debt largely assumes that law has little role to play. Indeed, the primary question addressed by the literature is why sovereigns repay at all given the irrelevance of legal enforcement. But if law, and specifically contract law, does not matter, how to explain the fact that sovereign loans involve detailed contracts, expensive lawyers, and frequent litigation? This Essay makes the case that contract design matters even in a world where sovereign borrowers are hard (but not impossible) to sue. We identify a number of gaps in the research that warrant further investigation.


Differing Perceptions? Market Practice And The Evolution Of Foreign Sovereign Immunity, W. Mark C. Weidemaier, Mitu Gulati 2017 Duke Law School

Differing Perceptions? Market Practice And The Evolution Of Foreign Sovereign Immunity, W. Mark C. Weidemaier, Mitu Gulati

Faculty Scholarship

The 20th century witnessed a transformative, “tectonic” shift in international law, from “absolute” to “restrictive” theories of sovereign immunity. As conventionally understood, however, this dramatic transformation represented only a shift in the default rule. Under absolute immunity, national courts could not hear lawsuits and enforce judgments against a foreign sovereign without its consent. Under restrictive immunity, foreign sovereigns were presumptively not immune when they engaged in commercial acts. We demonstrate that market practices undermine this conventional understanding. Using an extensive, two-century data set of contracts between foreign governments and private creditors, we show that contracting parties have long treated absolute ...


Pennoyer Was Right: Jurisdiction And General Law, Stephen E. Sachs 2017 Duke Law School

Pennoyer Was Right: Jurisdiction And General Law, Stephen E. Sachs

Faculty Scholarship

Pennoyer v. Neff has a bad rap. As an original matter, Pennoyer is legally correct. Compared to current doctrine, it offers a more coherent and attractive way to think about personal jurisdiction and interstate relations generally.

To wit: The Constitution imposes no direct limits on personal jurisdiction. Jurisdiction isn't a matter of federal law, but of general law -- that unwritten law, including much of the English common law and the customary law of nations, that formed the basis of the American legal system. Founding-era states were free to override that law and to exercise more expansive jurisdiction. But if ...


Change It To Save It: Why And How To Amend Article 9, Craig Martin 2016 Washburn University School of Law

Change It To Save It: Why And How To Amend Article 9, Craig Martin

Craig Martin

Defenders of Article 9 of the Constitution of Japan, which renounces the use of force and prohibits the maintenance of armed forces, have consistently worked to block any and all attempts to amend the provision. The government of Japan, having purported to “reinterpret” the provision in 2015, is now well positioned to finally achieve its goal of forcing some form of amendment. This article argues that the champions of Article 9 must, in order to save its most successful and core features, begin to develop alternative proposals for its amendment.

The article begins with a review of the meaning and ...


Aviation Law: Warsaw Convention Liability Principles Extend To Damage From Terrorist Attack, Leon Adams Jr. 2016 University of Georgia School of Law

Aviation Law: Warsaw Convention Liability Principles Extend To Damage From Terrorist Attack, Leon Adams Jr.

Georgia Journal of International & Comparative Law

No abstract provided.


Legal Implications Of Direct Satellite Broadcasting – The U.N. Working Group, Nancy M. Lesko 2016 University of Georgia School of Law

Legal Implications Of Direct Satellite Broadcasting – The U.N. Working Group, Nancy M. Lesko

Georgia Journal of International & Comparative Law

No abstract provided.


Maintenance Of Value In The General Account And Valuation Of The Sdr In The Special Drawing Account Of The Imf, Robert C. Effros 2016 University of Georgia School of Law

Maintenance Of Value In The General Account And Valuation Of The Sdr In The Special Drawing Account Of The Imf, Robert C. Effros

Georgia Journal of International & Comparative Law

No abstract provided.


Some Remarks On Self-Defense And Intervention: A Reaction To Reading Law And Civil War In The Modern World, Josef Rohlik 2016 St. Louis University

Some Remarks On Self-Defense And Intervention: A Reaction To Reading Law And Civil War In The Modern World, Josef Rohlik

Georgia Journal of International & Comparative Law

No abstract provided.


The Role Of Domestic Courts In The International Legal Order: A Tribute To Richard Falk, Janet Walker 2016 Selected Works

The Role Of Domestic Courts In The International Legal Order: A Tribute To Richard Falk, Janet Walker

Janet Walker

Forty years ago, when I was a child, the world was a different place. Tele- vision was a new invention:


Historical Trauma And Refugee Reception: Armenians And Syrian-Armenian Co-Ethnics, Nicole M. Campos 2016 University of San Francisco

Historical Trauma And Refugee Reception: Armenians And Syrian-Armenian Co-Ethnics, Nicole M. Campos

Master's Theses

This thesis considers the ways in which Armenian history has influenced integration of Syrian-Armenian refugees into Armenia due to the ongoing Syrian War. Ethnic Armenian outlooks were analyzed relative to the influx of Syrian refugees, particularly co-ethnic Syrian-Armenians. Field work in Armenia found a sustained cultural impression of Armenians’ Soviet membership and genocide. Findings suggest that recognizing the importance of history as it may or may not affect migration reception policies and attitudes is important to developing sustainable resettlement environments, at least until repatriation or third-country resettlement becomes an option to migrants. Ultimately, this thesis argues that more attention must ...


Emigration, Repatriation And The Reality Of Returned Youth In El Salvador, Isabel C. Duarte Vasquez 2016 The University of San Francisco

Emigration, Repatriation And The Reality Of Returned Youth In El Salvador, Isabel C. Duarte Vasquez

Master's Theses

According to US Customs and Border Protection, over 59 thousand unaccompanied minors from the Northern Triangle (Guatemala, Honduras and El Salvador) have been detained at the US border, of those 59 thousand, 17 thousand are from El Salvador. El Salvador is home to some of the most dangerous and ruthless gangs of the twenty-first century. Their ruthlessness comes from 1980s guerrilla warfare experience. In addition, El Salvador serves as a transshipment point for illicit substances from South America into Mexico. These dynamics fuel the homicide rate of the region as local gang members must protect their territory by any means ...


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.


Consult, Consent, And Veto: International Norms And Canadian Treaties, Shin Imai 2016 Osgoode Hall Law School of York University

Consult, Consent, And Veto: International Norms And Canadian Treaties, Shin Imai

Shin Imai

Large parts of Canada, from Ontario to parts of British Columbia and north to the Northwest Territories, are covered by the “numbered treaties”, signed between First Nations and the Crown between 1871 and 1929. These treaties provide for the continuation of Indigenous hunting, fishing and harvesting activities until the land is “taken up” by the provincial Crown for activities such as mining, lumbering and settlement. This draft book chapter argues that consent of First Nations should be required before further development that impact on their harvesting rights. The consent standard has already been widely adopted in the private sector both ...


Chemical Weapons And Other Atrocities: Contrasting Responses To The Syrian Crisis, Tim McCormack 2016 U.S. Naval War College

Chemical Weapons And Other Atrocities: Contrasting Responses To The Syrian Crisis, Tim Mccormack

International Law Studies

Why has the use of chemical weapons in Syria engendered such a substantive multilateral response in stark contrast to almost every other egregious international law violation perpetrated against the civilian population? Various theories have been offered but the explanation has little to do with humanitarian concerns for Syrian victims and is more readily explicable by unusual (in the Syrian context) alignment of U.S. and Russian national interests. Bashar al-Assad was convinced to accede to the Chemical Weapons Convention, to surrender his stockpiles of chemical weapons and to co-operate with international investigators deployed under UN Security Council auspices amid a ...


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