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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.


Better Work And Global Governance, Paul Alois 2016 Graduate Center, City University of New York

Better Work And Global Governance, Paul Alois

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

This dissertation is a case study of Better Work, a program run by the International Labor Organization and the International Finance Corporation. It aims to improve working conditions and productivity in the apparel industry. The purpose of this case study is to examine the role that international organizations can play in global governance. The research presented here comes from interviews, document analysis, and an examination of quantitative data on factories’ working conditions. In-person interviews were conducted in the United States, Switzerland, Vietnam, and Indonesia; many phone interviews took place with individuals in other countries. Both publicly available documents and internal ...


Headhunting: Evaluating The Disruptive Capacity Of Leadership Decapitation On Terrorist Organizations, Ted Clemens IV 2016 Graduate Center, City University of New York

Headhunting: Evaluating The Disruptive Capacity Of Leadership Decapitation On Terrorist Organizations, Ted Clemens Iv

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

Leadership decapitation -- the practice of removing a leader from a position of authority through targeted killing (i.e. assassination) or arrest -- has long been a feature of counter-terrorism and counter-insurgency strategies the world over. Still, how effective is the practice of leadership decapitation in actually bringing a halt to, or even impeding, terrorist activity? Can removing top leaders of terrorist enclaves from power disrupt their groups to the point of organizational degradation or dissolution? And lastly, because no two terrorist groups are the same; when a terrorist group experiences leadership loss, how can the group be expected to react? Will ...


Legitimacy Of Taiwan's Trade Negotiations With China: Demystifying Political Challenges, Pasha L. HSIEH 2016 Singapore Management University

Legitimacy Of Taiwan's Trade Negotiations With China: Demystifying Political Challenges, Pasha L. Hsieh

Pasha L. Hsieh

The article analyzes Taiwan’s legitimacy debate over trade negotiations with China. The theoretical concept of legitimacy is used to assess Taiwan’s cross-straits negotiation mechanism and trade agreements. This article argues that Taiwan’s current legal framework governing congressional supervision of cross-straits agreements falls short of procedural legitimacy and performance legitimacy.  By explaining the constitutional design for Taiwan’s “white glove” mechanism, the article explores the initial procedural legitimacy deficit.  As cross-straits negotiations involve increasingly substantive obligations, the legitimacy of bilateral agreements has changed fundamentally. The massive protest in the Sunflower Movement due to the Services Trade Agreement reinforced ...


Exporting Internet Law Through International Trade Agreements: Recalibrating U.S. Trade Policy In The Digital Age, Markham C. Erickson, Sarah K. Leggin 2016 Steptoe & Johnson LLP

Exporting Internet Law Through International Trade Agreements: Recalibrating U.S. Trade Policy In The Digital Age, Markham C. Erickson, Sarah K. Leggin

Catholic University Journal of Law and Technology

No abstract provided.


Coco Way Before Chanel: Protecting Independent Fashion Designers’ Intellectual Property Against Fast-Fashion Retailers, Tiffany F. Tse 2016 Catholic University of America, Columbus School of Law

Coco Way Before Chanel: Protecting Independent Fashion Designers’ Intellectual Property Against Fast-Fashion Retailers, Tiffany F. Tse

Catholic University Journal of Law and Technology

No abstract provided.


Approximation And Harmonization Of Kosovo’S Legislation With Eu.Pdf, Safet Beqiri 2016 University of Tirana

Approximation And Harmonization Of Kosovo’S Legislation With Eu.Pdf, Safet Beqiri

Safet Beqiri


Inthisarticleispresentedasummaryanalysisoftheapproximationand  harmonizationofKosovo‘slegislationwithprimaryandsecondarylegislationof  the  EuropeanUnion,specificallywiththeEUacquis.Asapotentialcandidate  country,initspreparationstoapproachtheintegration,Kosovoshouldfocusonexaminingandanalyzingthelegislationonbilateralandmultilaterallevel.This  paperaimstoanalyzetheperspectiveofapproximationandharmonizationof  Kosovo‘snationallegislationwiththeEUacquiswithintheframeoftoolsor  methodsandotheractsthatacandidatecountryshoulduseandcreatean  institutionalstructureforadoptionoftheacquis.Theprocessoflegal approximationwillbeverychallengingforKosovogiventhecomplexityofthe  processandtheneededcapacitiesforlocalinstitutions.Nevertheless,a  comparative  advantageforKosovointhisprocessshouldberegardedthefactthat  thedraftingandreviewingprocess  of  the  legislation  is  supported  by  experts  from  international  and  localorganizations,althoughitisobviousthattherelack  ofcoordinationamongthem,whichoftencreatesalsoambiguitiesanddifficulties.


Greenwashing The Trans-Pacific Partnership: Fossil Fuels, The Environment, And Climate Change, Matthew Rimmer 2016 Selected Works

Greenwashing The Trans-Pacific Partnership: Fossil Fuels, The Environment, And Climate Change, Matthew Rimmer

Matthew Rimmer

There has been much controversy over the Trans-Pacific Partnership (TPP) – a plurilateral trade agreement involving a dozen nations from throughout the Pacific Rim – and its impact upon the environment, biodiversity, and climate change.

The secretive treaty negotiations involve Australia and New Zealand; countries from South East Asia such as Brunei Darussalam, Malaysia, Singapore, Vietnam, and Japan; the South American nations of Peru and Chile; and the members of the 1994 North American Free Trade Agreement (NAFTA), Canada, Mexico and the United States. There was an agreement reached between the parties in October 2015. The participants asserted: ‘We expect this historic ...


Conditions In U.S. Treaty Practice: New Data And Insights On A Growing Phenomenon, Cindy Galway Buys 2016 Santa Clara Law

Conditions In U.S. Treaty Practice: New Data And Insights On A Growing Phenomenon, Cindy Galway Buys

Santa Clara Journal of International Law

No abstract provided.


Shaky Ground: How Wavering Approaches To Prostitution Law Have Undermined International Efforts To End It, Tamarah Provost 2016 Santa Clara Law

Shaky Ground: How Wavering Approaches To Prostitution Law Have Undermined International Efforts To End It, Tamarah Provost

Santa Clara Journal of International Law

No abstract provided.


21st Century Investment Agreements: Justice, Governance And The Rule Of Law, Frank J. Garcia 2016 Boston College Law School

21st Century Investment Agreements: Justice, Governance And The Rule Of Law, Frank J. Garcia

Frank J. Garcia

Investment treaty law can no longer be managed as if it were merely a system of private ordering setting out the protected rights of capital owners.  This philosophy has contributed to the ongoing legitimacy crisis affecting investment law today, including the TPP and TTIP negotiations.  In response to a similar legitimacy crisis in the 1990s, the international trade system began a profound paradigm shift, recognizing that trade law was not simply a technical regime for liberalizing economic flows, but a system of treaty-based governance for managing transnational economic resources for the good of society as a whole.  

Investment law has ...


Globalization, Logics Of Action, International Labor Standards And National Government Roles, Sarosh Kuruvilla, Anil Verma 2016 Cornell University

Globalization, Logics Of Action, International Labor Standards And National Government Roles, Sarosh Kuruvilla, Anil Verma

Sarosh Kuruvilla

In an earlier article, (Frenkel and Kuruvilla, 2002) we argued that the interplay between three different logics of action, i.e., the logic of competition, the logic of industrial peace, and the logic of employment-income protection determines the employment relations pattern in any given nation. We demonstrated the operation of this logic of action framework in selected Asian countries. We also demonstrated that changes in one logic to another underlie changes and transformations in industrial relations systems, with evidence form Asian countries.

In this article, we examine how the logics underlying industrial relations systems play out in terms of the ...


Down With The Ship: The Prosecution Of Piratical Acts In United States V. Ali, Lindsay R. Grossman 2016 Boston College Law School

Down With The Ship: The Prosecution Of Piratical Acts In United States V. Ali, Lindsay R. Grossman

Boston College International and Comparative Law Review

Following the November 2008 pirate attack on the Danish merchant ship CEC Future, interpreter and negotiator Ali Mohamed Ali was arrested and charged in the United States with four inchoate offenses related to his actions aboard the ship: conspiracy to commit piracy on the high seas, aiding and abetting piracy on the high seas, conspiracy to commit hostage taking, and aiding and abetting hostage taking. Using the Charming Betsy canon, the U.S. Court of Appeals for the D.C. Circuit held that the charge of aiding and abetting piracy was improperly dismissed because Ali’s actions did not have ...


Mixing Oil And Water: The Role Of Natural Resource Wealth In The Resolution Of The Maritime Boundary Dispute Between Ghana And Côte D’Ivoire, Natalie Cappellazzo 2016 Boston College Law School

Mixing Oil And Water: The Role Of Natural Resource Wealth In The Resolution Of The Maritime Boundary Dispute Between Ghana And Côte D’Ivoire, Natalie Cappellazzo

Boston College International and Comparative Law Review

The West African nations of Ghana and Côte D’Ivoire are deeply entrenched in a legal battle over where in the Atlantic Ocean to draw the maritime boundary between them. Further complicating the conflict is the presence of significant quantities of offshore petroleum in the disputed area. In an interim order issued on April 25, 2015, a Special Chamber of the International Tribunal for the Law of the Sea ruled that Ghana may proceed with existing oil-related activity but must take all steps necessary to prevent new drilling, ensure that no information derived from oil exploration be used to the ...


Trouble On The High Seas: A Need For Change In The Wake Of Australia V. Japan, Matt DiCenso 2016 Boston College Law School

Trouble On The High Seas: A Need For Change In The Wake Of Australia V. Japan, Matt Dicenso

Boston College International and Comparative Law Review

On March 31, 2014, the International Court of Justice (ICJ) held that Japan’s whaling program, known as JARPA II, lacked scientific merit and thus violated three provisions of the Schedule to the International Convention for the Regulation of Whaling (ICRW). This victory for whale conservationists was short-lived, however, as Japan, ignoring procedural safeguards put in place by the International Whaling Commission (IWC), soon announced its plan to launch a new whaling program in conformity with both the ICJ’s decision and the ICRW. Japan’s course of action highlights not only the limited applicability of the ICJ’s judgment ...


Novartis Ag V. Union Of India: Why The Court’S Narrow Interpretation Of Enhanced Efficacy Threatens Domestic And Foreign Drug Development, Kevin Tarsa 2016 Boston College Law School

Novartis Ag V. Union Of India: Why The Court’S Narrow Interpretation Of Enhanced Efficacy Threatens Domestic And Foreign Drug Development, Kevin Tarsa

Boston College International and Comparative Law Review

Through the Patents (Amendment) Act of 2005, the Indian Parliament revised the Patents Act of 1970 to permit the grant of patents for pharmaceutical products. A core provision in the 2005 Amendment was Section 3(d), which prohibited granting patents to a new form of a known substance that did not enhance the efficacy of that substance. In Novartis AG v. Union of India, the Supreme Court of India applied this new provision to Novartis’s patent application for the final form of its drug Gleevec. The court engaged in an unreasonably narrow analysis of enhanced efficacy, potentially stifling secondary ...


International Law, Legal Diplomacy, And The Counter-Isil Campaign: Some Observations, Brian Egan 2016 U.S. Naval War College

International Law, Legal Diplomacy, And The Counter-Isil Campaign: Some Observations, Brian Egan

International Law Studies

Speech as prepared for delivery by Brian Egan, Legal Adviser, U.S. Department of State; 110th Annual Meeting of the American Society of International Law Washington, DC, April 1, 2016


The Identification And Exploitation Of Terrorist Financing, Jacob S. Gordon 2016 Liberty University

The Identification And Exploitation Of Terrorist Financing, Jacob S. Gordon

Senior Honors Theses

Terrorism and the threat of terrorist attacks have forced the United States to place a high priority on developing a comprehensive counterterrorism strategy. A crucial component of this overarching strategy focuses on targeting the finances of a terrorist organization, hoping to eliminate or stifle their sources of funding in an effort to render the organization incapable of launching successful operations due to an absence of funding. By analyzing the most common financing options that terrorist groups use, the United States can hone its ability to disrupt the funding operations for terrorist groups. Likewise, developing a method for tracking the laundering ...


The Role Of Nongovernmental Organizations In Implementing Human Rights In Latin America, Phillip L. Ray Jr., J. Sherrod Taylor 2016 University of Georgia School of Law

The Role Of Nongovernmental Organizations In Implementing Human Rights In Latin America, Phillip L. Ray Jr., J. Sherrod Taylor

Georgia Journal of International & Comparative Law

No abstract provided.


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