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The Impact Of Cultural Heritage On Japanese Towns And Villages, Yuichiro Tsuji Dr. 2020 University of Tsukuba

The Impact Of Cultural Heritage On Japanese Towns And Villages, Yuichiro Tsuji Dr.

Seattle Journal of Technology, Environmental & Innovation Law

In 1954, when historically significant clays and clay pots were found in the Iba district of Shizuoka prefecture, the city applied to the prefectural education committee for a historic site designation. The committee granted this designation to the city..

However, in 1973 the education committee lifted its permission to promote development around the location. Historians have sought revocation of this decision under the Administrative Case Litigation Act (ACLA), but the Supreme Court has denied standing. By denying standing, the Japanese Supreme Court allows the prefecture to destroy a historical site.

First, this paper seeks to discuss the doctrine of standing ...


Toward A Theory Of Intercountry Human Rights: Global Capitalism And The Rise And Fall Of Intercountry Adoption, Barbara Stark 2020 Hofstra University

Toward A Theory Of Intercountry Human Rights: Global Capitalism And The Rise And Fall Of Intercountry Adoption, Barbara Stark

Indiana Law Journal

This Article proposes another mechanism for enforcement, an alternative to self-serving domestic policing and weak international bureaucracy. “Intercountry,” as opposed to “international,” human rights would apply to specific rights in specific contexts and be enforceable through the legal mechanisms and other resources of the state parties that accepted them. Intercountry adoption is a useful context in which to consider this proposal for several reasons.

First, as a practical matter, there have probably never been more babies and children in orphanages, on the street, on the market, or on their own. Yet intercountry adoptions have declined to levels not seen for ...


Table Of Contents, Seattle University Law Review 2020 Seattle University School of Law

Table Of Contents, Seattle University Law Review

Seattle University Law Review

Table of Contents


Making The Case For Genocide, The Forced Sterilization Of Indigenous Peoples Of Peru, Ñusta P. Carranza Ko 2020 University of Baltimore

Making The Case For Genocide, The Forced Sterilization Of Indigenous Peoples Of Peru, Ñusta P. Carranza Ko

Genocide Studies and Prevention: An International Journal

Peru’s national health program Programa de Salud Reproductiva y Planificación Familiar (PSRPF) aimed to uphold women’s reproductive rights and address the scarcity in maternity related services. Despite these objectives, during PSRPF’s implementation the respect for women’s rights were undermined with the forced sterilization of women predominantly of indigenous, poor, and rural backgrounds. This study considers the forced sterilization of indigenous women as a genocide. Making the case for genocide has not been done previously with this particular case. Using the normative markers of the Genocide Convention, this study categorically sets forced sterilization victims from the state-led-policy ...


Ethnic Inferencing: The Unanswered Question Of S And Marper V. United Kingdom, Jamie Jones 2020 Penn State Law

Ethnic Inferencing: The Unanswered Question Of S And Marper V. United Kingdom, Jamie Jones

Penn State Journal of Law & International Affairs

No abstract provided.


From Isolation To Independence: A Comparison Study Of Juvenile Solitary Confinement Practices In The United States And Germany, Claire Banks 2020 Penn State Law

From Isolation To Independence: A Comparison Study Of Juvenile Solitary Confinement Practices In The United States And Germany, Claire Banks

Penn State Journal of Law & International Affairs

The “tough on crime” mentality originating in the 1980’s resulted in a crackdown of juvenile offenders for categorically non-dangerous crimes, leaving many to fend for themselves in high security prisons. An even more harrowing reality, tens of thousands of juvenile offenders in those state and federal prisons today are placed in solitary confinement for week or months on end. Extensive research indicates that solitary confinement has devastating effects on human development, mental soundness, and emotional coping – effects that, unsurprisingly, are much more devastating for juveniles than adults – signaling a desperate need for change. Looking to Germany as a model ...


Is This Belt One Size Fits All? China's Belt And Road Initiative, John C. Byrnes 2020 Penn State Law

Is This Belt One Size Fits All? China's Belt And Road Initiative, John C. Byrnes

Penn State Journal of Law & International Affairs

Widely considered one of the largest and most ambitious infrastructure projects in human history, China’s Belt and Road Initiative [BRI] has made major headway since its inception in 2013. Although the BRI is formally adopted under the Chinese Communist Party Constitution as an initiative to secure “shared growth through discussion and collaboration,” the BRI is much more than these words convey. This Comment briefly introduces an overview of the BRI, including its components and early research on its effects on participating countries and regions. The Comment then conducts an in-depth analysis of four countries who have participated in the ...


The Role Of International Human Rights Law In The Adjudication Of Economic, Social, And Cultural Rights In Africa, John Mukum Mbaku 2020 Penn State Law

The Role Of International Human Rights Law In The Adjudication Of Economic, Social, And Cultural Rights In Africa, John Mukum Mbaku

Penn State Journal of Law & International Affairs

Since the adoption of the Universal Declaration of Human Rights in 1948, there has been significant progress in the recognition and protection of human rights around the world. The international community has, since 1948, adopted several treaties, which impose obligations on States Parties to make certain that the human and fundamental rights of their citizens are recognized and fully protected. Although human rights are considered the domain of international law, international legal scholars have argued that national governments—that is, the governments of States Parties—must function as the mechanisms for enforcing international human rights law. However, in order for ...


Hassle-Free Travel: Myrie V. Barbados And Freedom Of Movement In Caricom, Jane E. Cross 2020 Penn State Law

Hassle-Free Travel: Myrie V. Barbados And Freedom Of Movement In Caricom, Jane E. Cross

Penn State Journal of Law & International Affairs

No abstract provided.


A Tale Of Two Cities: Lhasa And Hong Kong In The Shadow Of Mao, Steven D. Mewha 2020 Penn State Law

A Tale Of Two Cities: Lhasa And Hong Kong In The Shadow Of Mao, Steven D. Mewha

Penn State Journal of Law & International Affairs

No abstract provided.


The Rise Of American Conservatism In Israel, Rafi Reznik 2020 Penn State Law

The Rise Of American Conservatism In Israel, Rafi Reznik

Penn State Journal of Law & International Affairs

The American fascination with the link between interpretive methodology and political ideology rarely reaches beyond its borders. This Article offers a comparative case study, which converses with the American example—Israel. A twofold argument is offered to facilitate this conversation. First, the Article identifies a shift in the ideological climate of the Supreme Court of Israel, manifested in the rise of a new interpretive method. For the first time, the interpretive theory prevailing in Israel, Purposive Interpretation, faces a viable competitor. The Article unpacks the challenges posed by the new theory, termed Purposive Originalism, in methodology as well as underlying ...


Foreword, 2020 Penn State Law

Foreword

Penn State Journal of Law & International Affairs

No abstract provided.


Table Of Contents, 2020 Penn State Law

Table Of Contents

Penn State Journal of Law & International Affairs

No abstract provided.


Dedication, 2020 Penn State Law

Dedication

Penn State Journal of Law & International Affairs

No abstract provided.


Jlia Editorial Board & Staff, 2020 Penn State Law

Jlia Editorial Board & Staff

Penn State Journal of Law & International Affairs

No abstract provided.


International Tax: Tax Treaties, Kim Brooks 2020 Schulich School of Law, Dalhousie University

International Tax: Tax Treaties, Kim Brooks

OER Texts

This compendium of materials is designed to support the study of tax treaties around the world.


Revisiting Individual Rights And Personal Responsibilities Amid Covid-19, Christie Warren 2020 William & Mary Law School

Revisiting Individual Rights And Personal Responsibilities Amid Covid-19, Christie Warren

Popular Media

No abstract provided.


Government Information Crackdowns In The Covid-19 Pandemic, Justin Sherman 2020 American University Washington College of Law

Government Information Crackdowns In The Covid-19 Pandemic, Justin Sherman

Joint PIJIP/TLS Research Paper Series

The Covid-19 pandemic has illustrated the importance of accurate, real-time information and empirical data in a rapidly evolving crisis. Yet it has also captured an opposite issue: the spread of misinformation and disinformation during a public health crisis. Numerous governments have used the Covid-19 pandemic as reason to, legitimately or illegitimately, heighten existing state censorship practices or introduce new practices entirely under the justification of stopping false information about the virus. This report analyzes developments in China, India, and Russia as case studies of government censorship amid the public health crisis. It offers five key takeaways from these case studies ...


China’S Maritime Law Enforcement Activities In The South China Sea, Diane Desierto 2020 University of Notre Dame, Keough School of Global Affairs

China’S Maritime Law Enforcement Activities In The South China Sea, Diane Desierto

International Law Studies

This article evaluates China’s public justifications for its unilateral maritime law enforcement activities in the South China Sea, including recent incidents affecting Indonesia, Vietnam, the Philippines, and Malaysia, against the binding international legal requirements of the United Nations Convention on the Law of the Sea (UNCLOS), the 2002 Declaration on the Conduct of Parties to the South China Sea, and the 2016 Permanent Court of Arbitration UNCLOS Annex VII arbitral award In the Matter of the South China Sea Arbitration. China’s unilateral maritime law enforcement activities in the South China Sea do not comply with UNCLOS and applicable ...


Climate Change, Technology Transfer, And Intellectual Property: A 'Modest Proposal' For An Ip Enforcement Moratorium, Dalindyebo Bafana Shabalala 2020 Fordham Law School

Climate Change, Technology Transfer, And Intellectual Property: A 'Modest Proposal' For An Ip Enforcement Moratorium, Dalindyebo Bafana Shabalala

Fordham Environmental Law Review

No abstract provided.


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