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The Alliance Of Small Island States: Intellectual Property, Cultural Heritage, And Climate Change, Matthew Rimmer 2018 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 ...


Puerto Rico And The Right Of Accession, Joseph Blocher, Mitu Gulati 2018 Duke Law School

Puerto Rico And The Right Of Accession, Joseph Blocher, Mitu Gulati

Faculty Scholarship

On June 11, 2017, Puerto Rico held a referendum on its legal status. Although turnout was low, 97% of ballots favored statehood, rather than independence or the status quo. The federal government, however, has financial and political reasons to resist this preference: Puerto Rico would bring with it a massive, unpayable debt, and the potential to swing the current balance of power in Congress. That then raises the two questions of whether Congress could decide expel Puerto Rico (give it “independence”) or is legally required to give it statehood (“accession”).

The answers are not obvious. International law, we argue, suggests ...


Polar Opposites: Assessing The State Of Environmental Law In The World’S Polar Regions, Mark P. Nevitt, Robert V. Percival 2017 University of Pennsylvania Law School

Polar Opposites: Assessing The State Of Environmental Law In The World’S Polar Regions, Mark P. Nevitt, Robert V. Percival

Mark P Nevitt

Climate change is fundamentally transforming both the Arctic and Antarctic polar regions.  Yet they differ dramatically in their governing legal regimes.  For the past sixty years the Antarctic Treaty System (ATS), a traditional “hard law” international law treaty system, effectively de-militarized the Antarctic region and halted competing sovereignty claims. In contrast, the Arctic region lacks a unifying Arctic treaty and is governed by the newer “soft law” global environmental law model embodied in the Arctic Council’s collaborative work.  Now climate change is challenging this model.  It is transforming the geography of both polar regions, breaking away massive ice sheets ...


Security In A Liberal Union: Eu Asylum And Migration Control Policies, Gregor Noll 2017 Selected Works

Security In A Liberal Union: Eu Asylum And Migration Control Policies, Gregor Noll

Gregor Noll


In this contribution I argue that the asylum and migration control policies of the EU are usefully analysed as an expression of liberal thought. I will show how the roots of these policies go all the way back to the creation of the Union in the 50s and illustrate how this heritage affects the prevailing rules in the areas of migration and asylum. I shall also highlight how this order was paradoxically strengthened during the crisis of 2015 and 2016. I will explain why the concept of solidarity in EU law is poorly constructed and map possible solutions. If the ...


A New Future? The Catholic Church, Grassroots Justice, And Accountability, Regina Menachery Paulose 2017 A Contrario International Criminal Law

A New Future? The Catholic Church, Grassroots Justice, And Accountability, Regina Menachery Paulose

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

Between the 1970s and 1980s, Guatemalans, particularly the indigenous populations, were targets of a state-sponsored genocide. Several years after the genocide, Catholic Bishop Juan Gerardi of Guatemala City took the lead in creating the Recovery of Historical Memory Project which was an independent investigation into the events of the genocide. Gerardi was murdered before the report was made public. This paper will briefly discuss Gerardi’s work and his contribution to local justice in Guatemala. The author will then explore what contributions the Catholic Church could make in creating similar fact-finding missions. Could a grassroots mechanism such as the one ...


Gender, Displacement And Transitional Justice, Sinead McGrath 2017 University College Dublin

Gender, Displacement And Transitional Justice, Sinead Mcgrath

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

In the past fifteen years, there has been huge emphasis on the need for gendered mechanisms dealing with both forced migration and peacebuilding. The UN landmark resolution on Women, Peace and Security (S/RES/1325) and the gender-mainstreaming of the 1951 Refugee Convention have urged all actors to increase the participation of women in peacebuilding and their protection in instances of displacement. An underdeveloped link between these issues has not been addressed by the academic community, particularly when looking at societies in transition and the relationship of displaced women to international migration organisations in the context of transitional justice. This ...


Invisible Women: Syrian Victims Of Gender-Based Violence As A Particular Social Group In U.S. Asylum Law, Sarah Dávila-Ruhaak 2017 John Marshall Law School

Invisible Women: Syrian Victims Of Gender-Based Violence As A Particular Social Group In U.S. Asylum Law, Sarah Dávila-Ruhaak

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

In the midst of the worst humanitarian crisis of our time, in Syria, we have seen extreme suffering by millions who have been summarily executed, tortured, imprisoned, raped, starved, and bombed with chemical weapons. Specifically, we have seen that women have been the target of gender-based violence in the conflict by and with the acquiescence of the Assad regime forces and by opposition groups.

Women have been human shields; hostages for the bargaining of prisoner release; and victims of sexual violence and exploitation, forced marriage, and other forms of violence such as honor killings.

This gender-based violence has rendered women ...


Mass Displacement Of Destitute People: A Trigger For Non-Refoulement Protection?, Bernardo de Souza Dantas Fico, Leticia Machado Haertel 2017 InterAmerican Court of Human Rights

Mass Displacement Of Destitute People: A Trigger For Non-Refoulement Protection?, Bernardo De Souza Dantas Fico, Leticia Machado Haertel

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

This paper focuses on two problems around the mass displacement of people in extreme poverty: the characterization of such people as refugees and the application of the non-refoulement principle to mass displacements.

Extreme poverty is causal to grave human rights violations such as deprivation of water, of food, and of an adequate standard of living. These circumstances may reach a degree in which life in a country is unbearable — forcing people to move in order to enhance their likelihood of survival.

The classic understanding of the non-refoulement obligation, as enshrined in the 1951 Refugee Convention, forbids states from returning people ...


Faith-Based Approaches To Asylum: New Appeals To Accountability? Using Faith-Based Principles As Soft Law, Jinan Bastaki 2017 United Arab Emirates University

Faith-Based Approaches To Asylum: New Appeals To Accountability? Using Faith-Based Principles As Soft Law, Jinan Bastaki

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

Can a faith-based approach encourage states to provide greater protection for those seeking refuge and asylum? In response to the fleeing of Syrian refugees to Turkey, Turkish President Recep Tayyip Erdogan stated numerous times that the Turkish were the anṣār — an Arabic word loosely translated as ‘supporters’ or ‘champions’ — of the Syrian refugees, making the reference to the people of the city of Medina who offered refuge and a home to Prophet Muhammad and his followers fleeing the persecution of Mecca.

The reference to the anār of Muhammad gives the impression that Turkey’s act of welcoming the ...


Impacting Factor In Refugee Policy: With An Analysis On Korean Refugee Policy Development, Yun-Ju Kang 2017 Indiana University - Bloomington

Impacting Factor In Refugee Policy: With An Analysis On Korean Refugee Policy Development, Yun-Ju Kang

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

Asia is no exception to the global refugee crisis. The number of asylum-seekers in Asian countries has escalated very quickly in recent years. In the United States, President Trump's recent executive orders suspended refugee admissions, and hostile immigration policy sparked the controversy about refugees.

The rising number of refugees and migrants from the Middle East, Africa, and South Asia created political conflicts inside the European countries. The refugee issue has emerged as a global problem.

How is the world dealing with these refugee situations? What are the common barriers in designing humanistic refugee policy, and what is the best ...


The Socialization Of Human Rights As An Inroad To Protect Sacred Space, Leonard Hammer 2017 Hebrew University of Jerusalem

The Socialization Of Human Rights As An Inroad To Protect Sacred Space, Leonard Hammer

The Social Practice of Human Rights: Charting the Frontiers of Research and Advocacy

Serious problems exist for cultural heritage protection, and these problems are even more serious when accounting for the protection of sacred space and holy places. The lack of effectiveness of the majority of existing international norms and institutions will be reviewed in this paper, which shall then turn to potential sources for entrenching protection of scared space within states.

The paper shall rely on the human right to freedom of religion or belief as the basis for upholding sacred space given an emerging broader understanding of the right within the human rights framework.

The paper shall principally focus on the ...


Rethinking Force Majeure In Public International Law, Myanna Dellinger 2017 University of South Dakota School of Law

Rethinking Force Majeure In Public International Law, Myanna Dellinger

Pace Law Review

Climate change is one of today’s most significant and complex problems. The number and level of severity of extreme weather events is increasing rapidly around the world. One year after the next, we learn that heat records have been broken once again. Climate change has been traced to a wide range of severe problems around the world, ranging from the obvious damage caused by hurricanes, floods, extreme rainfall, prolonged droughts, wildfires and a host of other weather-related issues to the perhaps less obvious such as physical and mental illnesses, “civil unrest, riots, mass migrations and perhaps wars caused by ...


The United States Film, Music And Pharmaceutical Industries’ Battle For International Copyright And Patent Protection And Enforcement, Fe Emmanuelle (Noelle) Panlilio 2017 Bond University

The United States Film, Music And Pharmaceutical Industries’ Battle For International Copyright And Patent Protection And Enforcement, Fe Emmanuelle (Noelle) Panlilio

Owen Dixon Society eJournal

There is tension in international intellectual property policy between less protection and more protection. The United States, a champion of expansion, plays a major role. It has contributed in multiple law-making forums. This article outlines the progress that the United States has made to further its interests in the global intellectual property law arena, both in law-making and in enforcement. It also discusses the interplay between these developments and the role of large corporations in private industry with a strong interest in intellectual property. It focuses on the film, music and pharmaceutical industries and specifically on copyright and patent laws ...


Polar Opposites: Assessing The State Of Environmental Law In The World’S Polar Regions, Mark Nevitt, Robert V. Percival 2017 University of Pennsylvania Law School

Polar Opposites: Assessing The State Of Environmental Law In The World’S Polar Regions, Mark Nevitt, Robert V. Percival

Faculty Scholarship

Climate change is fundamentally transforming both the Arctic and Antarctic polar regions. Yet they differ dramatically in their governing legal regimes. For the past sixty years the Antarctic Treaty System (ATS), a traditional “hard law” international law treaty system, effectively de-militarized the Antarctic region and halted competing sovereignty claims. In contrast, the Arctic region lacks a unifying Arctic treaty and is governed by the newer “soft law” global environmental law model embodied in the Arctic Council’s collaborative work. Now climate change is challenging this model. It is transforming the geography of both polar regions, breaking away massive ice sheets ...


Pale And Wan, Comatose Maybe, But Not Dead: A Response To Bleimaier, Sanford R. Silverburg 2017 St. John's University School of Law

Pale And Wan, Comatose Maybe, But Not Dead: A Response To Bleimaier, Sanford R. Silverburg

The Catholic Lawyer

No abstract provided.


Femmes, Migration, Et Prostitution En Europe: Il N’Est Pas Question De “Travail De Sexe”, Anna Zobnina 2017 Réseau européen des femmes migrantes

Femmes, Migration, Et Prostitution En Europe: Il N’Est Pas Question De “Travail De Sexe”, Anna Zobnina

Dignity: A Journal on Sexual Exploitation and Violence

No abstract provided.


Address At The Lincoln Charter Of The Forest Conference, Bishop Grosseteste University: The Charter Of The Forest: Evolving Human Rights In Nature, Nicholas A. Robinson 2017 Elisabeth Haub School of Law at Pace University

Address At The Lincoln Charter Of The Forest Conference, Bishop Grosseteste University: The Charter Of The Forest: Evolving Human Rights In Nature, Nicholas A. Robinson

Pace Law Faculty Publications

This conference is a singular event, long over due. It has been 258 years since William Blackstone celebrated “these two sacred charters,”1 Carta de Foresta and Magna Carta, with his celebrated publication of their authentic texts. In 2015, the Great Charter of Liberties enjoyed scholarly, political and popular focus. The companion Forest Charter was and is too much neglected.2 I salute the American Bar Association, and Dan Magraw, for the ABA’s educational focus of the Forest Charter, as well as Magna Carta. Today we restore some balance with this conference’s searching and insightful examination of the ...


Fiduciary Duties In Bankruptcy And Insolvency, John A. E. Pottow 2017 University of Michigan Law School

Fiduciary Duties In Bankruptcy And Insolvency, John A. E. Pottow

Law & Economics Working Papers

Insolvency law (bankruptcy law to some) moves so quickly in the cross-border realm that this piece's discussion, started in 2015, is probably already outdated. Nonetheless, I publish it unrepentently because it turns overdue attention to the role of soft law in this domain. Building on earlier work in which I address the role of incrementalism, I discuss the marked success of the UNCITRAL Model Law on Cross-Border Insolvency and its cognate Insolvency Regulation in the EU (the latter now into its "Recast"). As predicted/hoped, the EU Recast, joining other contemporaneous reform projects, is building upon the scaffolding of ...


V. 18 -2, 2016 Masthead, 2017 University of San Diego

V. 18 -2, 2016 Masthead

San Diego International Law Journal

No abstract provided.


V. 18 -1, 2016 Masthead, 2017 University of San Diego

V. 18 -1, 2016 Masthead

San Diego International Law Journal

No abstract provided.


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