Game Theory, Signalling, And International Legal Relations, 26 Geo. Wash. J. Int'l L. & Econ. 33 (1992), 2015 John Marshall Law School
Game Theory, Signalling, And International Legal Relations, 26 Geo. Wash. J. Int'l L. & Econ. 33 (1992), William B.T. Mock
William B.T. Mock
No abstract provided.
Cumulation Of Import Statistics In Injury Investigations Before The International Trade Commission, 7 Nw. J. Int'l L. & Bus. 433 (1986), 2015 John Marshall Law School
Cumulation Of Import Statistics In Injury Investigations Before The International Trade Commission, 7 Nw. J. Int'l L. & Bus. 433 (1986), William B.T. Mock
William B.T. Mock
No abstract provided.
Developing An International Carbon Tax Regime, 2015 Florida State University
Developing An International Carbon Tax Regime, Steven Specht
Steven Specht
As atmospheric CO2 remains in the range of 400 ppm, it is necessary to find new international coordination to deal with climate change. The best way forward is an international regime of harmonized domestic carbon taxes. By agreeing to a minimum amount of taxation on domestic, point-source producers, money can be set aside for adaptation costs and alternative means of energy production. Finally, such a plan will overcome the problem of non-participation of countries in agreements like the Kyoto Protocol. As this is a treaty dealing with economics and trade, countries can place taxes on imports of non-participatory countries under …
Never Again: The Genocide Convention In Review, 2015 Seton Hall University
Never Again: The Genocide Convention In Review, William Chalmers
Seton Hall University Dissertations and Theses (ETDs)
The 1948 Convention on the Prevention and Punishment of the Crime of Genocide was supposed to, as its title states, prevent any further genocides from occurring. In the event the United Nations could not prevent genocide the convention obligates all member States to intervene and punish those perpetrating the crime. Despite the existence of the Genocide Convention the world has witnessed several more cases of genocide, some of which the perpetrators have either not been punished or have been punished long after they have committed the crime of genocide. With a lack of prevention and punishment critics of the Genocide …
When “One Country, Two Systems” Meets “One Person, One Vote”: The Law Of Treaties In The Crucible Of Hong Kong’S Election Crisis, 2015 Chinese University of Hong Kong
When “One Country, Two Systems” Meets “One Person, One Vote”: The Law Of Treaties In The Crucible Of Hong Kong’S Election Crisis, Gregory S. Gordon
Gregory S. Gordon
In Hong Kong’s recent election crisis, an uprising against China’s pre-selecting candidates for Chief Executive and thus foreclosing civic-nomination, both sides (establishment and pro-democracy) have attempted to interpret the term “universal suffrage” based exclusively on its inclusion in Hong Kong’s mini-constitution, the Basic Law. In so doing, however, they have given short shrift to the agreement that gave rise to the Basic Law in the first place: the 1984 Sino-British Joint Declaration. But while the Joint Declaration provides important textual insights, it simultaneously raises significant issues regarding application of the law of treaties. For example, did the Joint Declaration terminate …
Protecting Ecosystems, Culture, And Human Rights In Chile Through Indigenous And Community-Conserved Territories And Areas, 2015 SIT Graduate Institute
Protecting Ecosystems, Culture, And Human Rights In Chile Through Indigenous And Community-Conserved Territories And Areas, William G. Crowley
Capstone Collection
In environmental conservation circles around the world, the contributions of indigenous peoples and local communities to the sustainable maintenance of ecosystems and natural resources are being given increased attention. Whether for cultural, spiritual, economic, or other purposes, the use of traditional and local knowledge of habitat and resource management is slowly making its way into the modern environmental movement, and is being incorporated into the dominant conservation paradigms. These managed areas, known as Indigenous and Community-Conserved Territories and Areas, or ICCAs, are defined by the International Union for Conservation of Nature as “natural and/or modified ecosystems containing significant biodiversity …
Economic And Trade Related Aspects Of Transborder Data Flow: Elements Of A Code For Transnational Commerce Perspectives , 2015 Selected Works
Economic And Trade Related Aspects Of Transborder Data Flow: Elements Of A Code For Transnational Commerce Perspectives , Ronald Wellington Brown
Ronald Brown
Transborder Data Flow is international communication. TBDF is the more widely used term. In this Perspective, the terms TBDF and international information transfer will be used interchangeably. Either term can be defined, somewhat elaborately, as the electronic transmission of personal or non-personal information across political boundaries for processing, or storing in computer files. More simply, TBDF is interna- tional movement of information over transnational computer-communi- cation systems. Transfer of information over transnational computer systems is the underlying concept. Proposed or actual restrictions on such transfers are the underlying problem. Interests advanced or re- strained by policies applicable to such transfers …
East-West Labor Union Cooperation; Falling Walls And Opening Doors: Communism, Cold War Era Barriers, And The Immigration Act Of 1990, 2015 Selected Works
East-West Labor Union Cooperation; Falling Walls And Opening Doors: Communism, Cold War Era Barriers, And The Immigration Act Of 1990, Ronald C. Brown
Ronald Brown
No abstract provided.
The Faces Of Japanese Labor Relations In Japan And The U.S. And The Emerging Legal Issues Under U.S. Labor Laws, 2015 Selected Works
The Faces Of Japanese Labor Relations In Japan And The U.S. And The Emerging Legal Issues Under U.S. Labor Laws, Ronald C. Brown
Ronald Brown
The so-called "traditions" of Japanese labor relations are being put into practice in the United States in adapted form by Japanese investors and are being adopted by U.S. companies as well. This Japanese-style labor relations is in effect - the "new labor relations" in the United States.
Protecting Ecosystems, Culture, And Human Rights In Chile Through Indigenous And Community-Conserved Territories And Areas, 2015 SIT Graduate Institute
Protecting Ecosystems, Culture, And Human Rights In Chile Through Indigenous And Community-Conserved Territories And Areas, William G. Crowley
Capstone Collection
In environmental conservation circles around the world, the contributions of indigenous peoples and local communities to the sustainable maintenance of ecosystems and natural resources are being given increased attention. Whether for cultural, spiritual, economic, or other purposes, the use of traditional and local knowledge of habitat and resource management is slowly making its way into the modern environmental movement. These managed areas, known as Indigenous and Community-Conserved Territories and Areas, or ICCAs, are defined by the International Union for Conservation of Nature as “natural and/or modified ecosystems containing significant biodiversity values, ecological services and cultural values, voluntarily conserved by …
Disguising A Military Object As A Civilian Object: Prohibited Perfidy Or Permissible Ruse Of War?, 2015 U.S. Naval War College
Disguising A Military Object As A Civilian Object: Prohibited Perfidy Or Permissible Ruse Of War?, Kevin Jon Heller
International Law Studies
A number of scholars have claimed that it is inherently perfidious to kill an enemy soldier by disguising a military object as a civilian object. This essay disagrees, noting that conventional and customary IHL deem at least five military practices that involve making a military object appear to be a civilian object permissible ruses of war, not prohibited acts of perfidy: camouflage, ambush, cover, booby-traps, and landmines. The essay thus argues that attackers are free to disguise a military object as a civilian object as long as the civilian object in question does not receive special protection under international humanitarian …
The Problem Of Purpose In International Criminal Law, 2015 University of Illinois College of Law
The Problem Of Purpose In International Criminal Law, Patrick Keenan
Patrick J. Keenan
International criminal tribunals have become an important part of the landscape of post-conflict reconstruction. Despite their widespread acceptance, scholars and advocates have struggled to articulate a clear purpose for international criminal law. What good is international criminal law? What can it accomplish? What is its purpose? There exists no consensus among scholars and advocates about the purposes of international criminal law, and this lack of clarity affects how the tribunals operate and can undermine their effectiveness. This article fills that gap by first sorting through the competing theories about what the purposes of international criminal law might be. The article …
Jurisdictional Standards (And Rules), 2015 Penn State Law
Jurisdictional Standards (And Rules), Adam I. Muchmore
Adam I. Muchmore
This Article uses the jurisprudential dichotomy between two opposing types of legal requirements — “rules” and “standards” — to examine extraterritorial regulation by the United States. It argues that there is natural push toward standards in extraterritorial regulation because numerous institutional actors either see standards as the best option in extraterritorial regulation or accept standards as a second-best option when their first choice (a rule favorable to their interests or their worldview) is not feasible. The Article explores several reasons for this push toward standards, including: statutory text, statutory interpretation theories, the nonbinary nature of the domestic/foreign characterization, the tendency …
International Activity And Domestic Law, 2015 Selected Works
International Activity And Domestic Law, Adam I. Muchmore
Adam I. Muchmore
This essay explores the ways States use their domestic laws to regulate activities that cross national borders. Domestic-law enforcement decisions play an underappreciated role in the development of international regulatory policy, particularly in situations where the enforcing State's power to apply its law extraterritorially is not contested. Collective action problems suggest there will be an undersupply of enforcement decisions that promote global welfare and an oversupply of enforcement decisions that promote national welfare. These collective action problems may be mitigated in part by government networks and other forms of regulatory cooperation.
Passports And Nationality In International Law, 2015 Penn State Law
Passports And Nationality In International Law, Adam I. Muchmore
Adam I. Muchmore
Shifts in state control over territory can have substantial consequences for the nationality of individuals. This Article explores situations where an individual finds that the state which issued him a passport no longer recognizes his nationality. The law of binding state action, a set of broadly-accepted rules regulating state representations to other states, may provide more protection for passport-holders than the “soft” norms of human rights law.
International Trade V. Intellectual Property Lawyers: Globalization And The Brazilian Legal Profession, 2015 Indiana University - Bloomington
International Trade V. Intellectual Property Lawyers: Globalization And The Brazilian Legal Profession, Vitor M. Dias
Vitor M. Dias
No abstract provided.
The Constitution And Informational Privacy, Or How So-Called Conservatives Countenance Governmental Intrustion Into A Person's Private Affairs, 18 J. Marshall L. Rev. 871 (1985), 2015 The John Marshall Law School
The Constitution And Informational Privacy, Or How So-Called Conservatives Countenance Governmental Intrustion Into A Person's Private Affairs, 18 J. Marshall L. Rev. 871 (1985), Michael P. Seng
Michael P. Seng
No abstract provided.
The Host State And The Transnational Corporation: An Analysis Of Legal Relatgionships, 2015 University of Georgia School of Law
The Host State And The Transnational Corporation: An Analysis Of Legal Relatgionships, Roy E. Thoman
Georgia Journal of International & Comparative Law
No abstract provided.
Dean Rusk Award: "Double Jeopardy" On The High Seas: International Narcotics Traffickers Beware, 2015 University of Georgia School of Law
Dean Rusk Award: "Double Jeopardy" On The High Seas: International Narcotics Traffickers Beware, Richard Lee
Georgia Journal of International & Comparative Law
No abstract provided.
The Treaty For Amazonian Cooperation: A Bold New Instrument For Development, 2015 University of Georgia School of Law
The Treaty For Amazonian Cooperation: A Bold New Instrument For Development, Georges D. Landau
Georgia Journal of International & Comparative Law
No abstract provided.