A Dire Need For Legislative Reform, 2015 Pace University School of Law
A Dire Need For Legislative Reform, Patrick Dowdle
Pace International Law Review
In Section I of this note, I will lay out the several reasons why 18 U.S.C. § 1651 needs reform. I will provide background information on modern day piracy, including its economic impact, and will then break down varying definitions of piracy and their applications in recent cases. I will explore the split in U.S. case law caused by the application of the UNCLOS definition of piracy in Dire, and will identify the quandaries that result from the UNCLOS definition. In Section II, I will address two specific problems stemming from § 1651 that came to light as a result …
Balancing National Public Policy And Free Trade, 2015 University of Hawaii, William S. Richardson School of Law
Balancing National Public Policy And Free Trade, Diane A. Desierto
Pace International Law Review
In the wake of the impasse between the World Trade Organization (WTO) and India regarding the ratification of the Protocol to the Trade Facilitation Agreement (TFA) that concluded during the Ninth WTO Ministerial Conference in Bali, Indonesia on December of 2013, WTO Director-General Roberto Azevedo admitted that while the WTO succeeds in resolving trade disputes and monitoring trade practices, it “has failed to deliver new multilateral results since its creation.” This systemic failure in the trade negotiations pillar of the WTO is evident to all of its 160 Members. It is evident from thirteen years of stalled negotiations under the …
The Investigation Procedures Of The United Nations Office Of Internal Oversight Services And The Rights Of The United Nations Staff Member: An Analysis Of The United Nations Judicial Tribunals’ Judgments On Disciplinary Cases In The United Nations, Tamara A. Shockley
Pace International Law Review
An employee of an international organization misappropriates over one million dollars from a United Nations Peace-Keeping Mission’s designated for procurement of supplies. As a staff member of an international organization, he or she has functional immunity and cannot be investigated by the local jurisdiction or by authorities in his home country. Is this the “perfect crime”? Taking into consideration that these misappropriated funds are contributions from Member States of the United Nations, is there any recourse to investigate the facts of the incident to determine culpability?
International organizations have a legal obligation to ensure compliance with internal regulations, rules and …
A Theorization On Equity: Tracing Causal Responsibility For Missing Iraqi Antiquities And Piercing Official Immunity, 2015 Pace University
A Theorization On Equity: Tracing Causal Responsibility For Missing Iraqi Antiquities And Piercing Official Immunity, Robert Bejesky
Pace International Law Review
Three weeks after the U.S.-led attack on Iraq, looters descended on the artifacts in the Iraq National Museum. Over ten thousand pieces were assumed destroyed or stolen, and the Coalition Provisional Authority estimated the losses at $12 billion. The gravity of the privation led the Security Council to include language in Resolution 1483 to restrict countries from trading in Iraq’s pillaged antiquities, and the U.S. Congress passed the Emergency Protection of Iraqi Cultural Antiquities Act of 2004 to enforce the measures. Several thousand pieces were recovered, but thousands remain missing. In March 2013, Hussein ash-Shamri, the head of the Iraqi …
The Projected Hong Kong Special Administrative Region Human Rights Record In The Post-British Era, 2015 The University of Akron
The Projected Hong Kong Special Administrative Region Human Rights Record In The Post-British Era, Daniel C. Turck
Akron Law Review
On July 1, 1997, Hong Kong ceased to be a British Dependent Territory, and the People's Republic of China (PRC) resumed sovereignty over Hong Kong pursuant to the 1984 Sino-British Joint Declaration on the Question of Hong Kong (Joint Declaration). The Joint Declaration, in accordance with Article 31 of the PRC's Constitution, declares that Hong Kong is now a Special Administrative Region (HKSAR).
From Pirates To Partners (Episode Ii): Protecting Intellectual Property In Post-Wto China, 2015 Texas A&M University School of Law
From Pirates To Partners (Episode Ii): Protecting Intellectual Property In Post-Wto China, Peter K. Yu
Peter K. Yu
In From Pirates to Partners: Protecting Intellectual Property in China in the Twenty-First Century, I criticized the ineffectiveness and short-sightedness of the U.S.-China intellectual property policy. As I argued, the approach taken by the administration in the 1980s and early 1990s had created a cycle of futility in which China and the United States repeatedly threatened each other with trade wars only to back down in the eleventh hour with a compromise that did not provide sustainable improvements in intellectual property protection. Since I wrote that article five years ago, China has joined the WTO and undertook a complete overhaul …
Succession By Estoppel: Hong Kong's Succession To The Iccpr, 2015 Texas A&M University School of Law
Succession By Estoppel: Hong Kong's Succession To The Iccpr, Peter K. Yu
Peter K. Yu
No abstract provided.
The International Enclosure Movement, 2015 Michigan State University College of Law
Sixteen And Pregnant: Minors' Consent In Abortion And Adoption, 2015 Texas A&M University School of Law
Sixteen And Pregnant: Minors' Consent In Abortion And Adoption, Malinda L. Seymore
Malinda L. Seymore
A minor girl’s decision about how to handle an unplanned pregnancy is a highly contested issue. Especially contentious is the minor’s ability to consent to an abortion independently of an adult such as her parents or a judge. That issue has received substantial attention from policy makers, scholars, judges, and legislators. Almost no attention has been paid, however, to the decision of a pregnant minor to continue her pregnancy, relinquish her constitutionally protected parental rights, and place a child for adoption. In 37 states, a minor’s abortion decision is regulated differently than an adult’s, while in only 15 states is …
The Hand That Rocks The Cradle: How Children's Literature Reflects Motherhood, Identity, And International Adoption, 2015 Texas A&M University School of Law
The Hand That Rocks The Cradle: How Children's Literature Reflects Motherhood, Identity, And International Adoption, Susan Ayres
Susan Ayres
Children's books are "a source of law" for children because "[children] are constantly trying to make sense of what is going on around them, and although literature itself is only a constituent of life experience, as a constituent it is potentially of the greatest importance." As adults and lawyers, we can also read children's books as a source of law because they reflect patriarchal ideologies about the family and stigma surrounding adoption. Like other myths, children's books tell stories about origins and constitute not only subjects but are also the foundation of law by reflecting legal norms and projecting legal …
The Diplomatic Disputes Between The Holy See And The Irish State 2009-2012: A Legal Analysis, 2015 Bond University
The Diplomatic Disputes Between The Holy See And The Irish State 2009-2012: A Legal Analysis, Darren O'Donovan
Darren O'Donovan
The diplomatic dispute that erupted between Ireland and the Holy See concerning the reports of Commissions of Investigation into child abuse in the dioceses of Cloyne1 and Dublin2 provoked critical reflection on a traditionally privileged bilateral relationship. It should also be viewed as having made a highly significant contribution to broader debates concerning the Holy See’s status under international law. The Holy See’s uniquely opaque and sui generis status contributed to the unprecedented tension between it and the Irish State during the diplomatic controversies.
Protected Speech Or Unlawful Incitement: An Israeli Perspective, 2015 American University Washington College of Law
Protected Speech Or Unlawful Incitement: An Israeli Perspective, Gabriel Eckstein
Gabriel Eckstein
No abstract provided.
The Quandary Of Economic Sanctions, 2015 American University Washington College of Law
The Quandary Of Economic Sanctions, Gabriel Eckstein
Gabriel Eckstein
No abstract provided.
The Regulation Of Scarcity And Its Impact On International Regimes, 2015 Texas Wesleyan University School of Law
The Regulation Of Scarcity And Its Impact On International Regimes, Gabriel Eckstein, Lillian Aponte Miranda, Kristen Boon, Peter Appel
Gabriel Eckstein
No abstract provided.
A Hydrogeological Approach To The Status Of Transboundary Ground Water Resources Under International Law [Abstract], 2015 Selected Works
A Hydrogeological Approach To The Status Of Transboundary Ground Water Resources Under International Law [Abstract], Gabriel Eckstein, Yoram Eckstein
Gabriel Eckstein
2 pages. Contains footnotes.
Water Scarcity, Conflict, And Security In A Climate Change World: Challenges And Opportunities For International Law And Policy, 2015 Texas A&M University School of Law
Water Scarcity, Conflict, And Security In A Climate Change World: Challenges And Opportunities For International Law And Policy, Gabriel Eckstein
Gabriel Eckstein
Although climate change is expected to have major consequences that affect the global environment in its broadest sense, one of the earliest and most direct impacts will be on Earth’s fresh water systems. While some regions will experience increased precipitation, others will suffer serious scarcity. Among others, consequences are likely to include severe flooding, extreme droughts, and meandering border-rivers. This, in turn, will affect human migration patterns, population growths, agricultural activities, economic development, and the environment. This article explores the impact that climate change will have on regional and global freshwater resources and the resulting legal and policy implications that …
Application Of International Water Law To Transboundary Groundwater Resources, And The Slovak-Hungarian Dispute Over Gabcikovo-Nagymaros, 2015 Texas A&M University School of Law
Application Of International Water Law To Transboundary Groundwater Resources, And The Slovak-Hungarian Dispute Over Gabcikovo-Nagymaros, Gabriel Eckstein
Gabriel Eckstein
The growth in global population and economic development has resulted in tremendous pressures on existing sources of fresh water. Human water use over the past three centuries increased by a factor of thirty-five and is growing by four to eight percent annually. Coupled with recurring international disputes over water resources, poor water management, and the realization that water is an indispensable but finite resource, these trends have propelled the use and management of transboundary groundwater resources to the forefront of legal debate.
Until recently, matters relating to groundwater resources were relatively ignored in the context of international law applicable to …
Protecting A Hidden Treasure: The U.N. International Law Commission And The International Law Of Transboundary Ground Water Resources, 2015 Texas A&M University School of Law
Protecting A Hidden Treasure: The U.N. International Law Commission And The International Law Of Transboundary Ground Water Resources, Gabriel E. Eckstein
Gabriel Eckstein
Ground water is the most extracted natural resource in the world. It provides more than half of humanity's freshwater for everyday uses such as drinking, cooking, and hygiene, as well as twenty percent of irrigated agriculture. Given the world's considerable reliance on this precious resource, it is reasonable to assume that international attention to, and especially legal consideration of, ground water would be substantial. Nothing is further from the truth. Despite the growing dependence, legal and regulatory attention to ground water resources have long been secondary to surface water, especially among legislatures and policymakers and above all in the international …
A Hydrogeological Perspective Of The Status Of Ground Water Resources Under The Un Watercourse Convention, 2015 Texas A&M University School of Law
A Hydrogeological Perspective Of The Status Of Ground Water Resources Under The Un Watercourse Convention, Gabriel Eckstein
Gabriel Eckstein
When the U.N. General Assembly adopted the Convention on the Non-Navigational Uses of International Watercourses in 1997, it took a decisive step in recognizing the important role that transboundary ground water resources play in human progress and development. In so doing, it also acknowledged the need to establish principles of law governing this "invisible" but valuable natural resource. Transboundary ground water historically has been neglected in treaties, ignored in projects with international implications, and cursorily misunderstood in much of legal discourse. While the Convention provides substantial clarification on the status of ground water under international law, it also leaves considerable …
Commentary On The U.N. International Law Commission's Draft Articles On The Law Of Transboundary Aquifers, 2015 Texas A&M University School of Law
Commentary On The U.N. International Law Commission's Draft Articles On The Law Of Transboundary Aquifers, Gabriel E. Eckstein
Gabriel Eckstein
Ground water is the most extracted natural resource in the world. It provides more than half of humanity's freshwater for everyday uses such as drinking, cooking, and hygiene, as well as twenty percent of irrigated agriculture. Despite our increasing reliance, ground water resources have long been the neglected stepchild of international water law; regulation and management of and information about ground water resources are sorely lacking, especially in the international context. Presently, there is no international agreement squarely addressing ground water resources that traverse an international boundary. Moreover, there is only one treaty in the entire world pertaining to the …