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Refugees In The European Union: The Harsh Reality Of The Dublin Regulation, Lana Maani 2018 University of Notre Dame Law School

Refugees In The European Union: The Harsh Reality Of The Dublin Regulation, Lana Maani

Notre Dame Journal of International & Comparative Law

The refugee crisis is a highly contested and controversial issue. The world, and specifically Europe, has seen a rapid increase in the number of refugees applying for asylum. In fact, the European Union (“EU”) has received well over one million refugees: the highest number of refugees since the Second World War. The crisis is testing the EU’s main building blocks, including, most importantly, its Member States’ notion of an ever-closer union. Some Member States have been more responsive to the crisis than others. For example, Germany is the highest refugee hosting country in the EU. On the other hand ...


The Paris Agreement: Its Role In International Law And American Jurisprudence, Kayla Clark 2018 University of Notre Dame Law School

The Paris Agreement: Its Role In International Law And American Jurisprudence, Kayla Clark

Notre Dame Journal of International & Comparative Law

The Paris Agreement is the most articulate and influential international legal agreement on climate change to date. However, despite record breaking levels of international participation, the future of the Agreement remains uncertain. United States President Donald Trump's decision to remain a part of the international community's efforts on climate change has the potential to affect the scope and scale of this acclaimed treaty. In this note, I discuss the development of the Paris agreement as compared to the Kyoto Protocol, and how its construction promises to facilitate successful implementation. Additionally, given the United States' prominent international role, I ...


The Blessing Of Talent And The Curse Of Poverty: Rectifying Copyright Law's Implementation Of Authors' Material Interests In International Human Rights Law, Saleh Al-Sharieh 2018 University of Groningen

The Blessing Of Talent And The Curse Of Poverty: Rectifying Copyright Law's Implementation Of Authors' Material Interests In International Human Rights Law, Saleh Al-Sharieh

Notre Dame Journal of International & Comparative Law

The International Covenant on Economic, Social and Cultural Rights (ICESCR) grants authors the right to the protection of the material interests resulting from their intellectual works. The Committee on Economic, Social and Cultural Rights interpreted these interests to comprise the ability to achieve an adequate standard of living (as a minimum). This paper argues that copyright law provides a useful yet incomplete model for the protection of authors’ material interests. Copyright creates the legal environment necessary for establishing a market for intellectual works but does not guarantee its benefits to authors. Therefore, States Parties to the ICESCR should both tailor ...


Combating Statelessness In The Wake Of The Syrian Conflict: A Right Without A Remedy, Tim Schultz 2018 University of Notre Dame Law School

Combating Statelessness In The Wake Of The Syrian Conflict: A Right Without A Remedy, Tim Schultz

Notre Dame Journal of International & Comparative Law

In the wake of the Syrian Civil War, millions of persons have been displaced from their homes. As desperate families flee zones of conflict, they leave all but their most precious belongings behind, in search of safety in neighboring countries. The path to safety and security, however, is a dangerous one. Displaced persons must traverse national borders, military checkpoints, and journey great distances to find safe haven. Unfortunately, Syrian families often do not carry identification documents to establish a legal recognition of their nationality in foreign lands. Consequently, this population of refugees is left vulnerable to the ugly reality of ...


Masthead, 2018 University of Miami Law School

Masthead

University of Miami Inter-American Law Review

No abstract provided.


One Small Step For Earth, One Giant Leap For Costa Rica, Emily Canney 2018 University of Miami Law School

One Small Step For Earth, One Giant Leap For Costa Rica, Emily Canney

University of Miami Inter-American Law Review

No abstract provided.


Front Matter And Table Of Contents, 2018 University of Miami Law School

Front Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.


Trading Goods For Bad: Is Public Policy Undermined By Investor State Dispute Mechanisms?, Michelle C. Perez 2018 University of Miami Law School

Trading Goods For Bad: Is Public Policy Undermined By Investor State Dispute Mechanisms?, Michelle C. Perez

University of Miami Inter-American Law Review

No abstract provided.


Armed Conflict-Related Detention Of Particularly Vulnerable Persons: Challenges And Possibilities, Sandesh Sivakumaran 2018 University of Nottingham

Armed Conflict-Related Detention Of Particularly Vulnerable Persons: Challenges And Possibilities, Sandesh Sivakumaran

International Law Studies

Persons detained for reasons related to an armed conflict are in a vulnerable position. Deprived of their liberty, they are at the mercy of their captors. Certain groups of detainees are particularly vulnerable. Additionally, the way in which non-international armed conflicts are fought can make it difficult for some parties to the conflict to comply with the rules benefiting particularly vulnerable detainees. This Article identifies groups of particularly vulnerable detainees and analyzes the general and special protections that are afforded to them under the conventional and customary international law of armed conflict. It then considers the realities of detention in ...


Setting Sail To Cuba: Analyzing The Recent Introduction Of Cruise Lines And The Impact On American Tourist Freedoms, Alessandria San Roman 2018 University of Miami Law School

Setting Sail To Cuba: Analyzing The Recent Introduction Of Cruise Lines And The Impact On American Tourist Freedoms, Alessandria San Roman

University of Miami Business Law Review

After President Obama’s announcement in early 2015 of increased relations with the Cuban government despite the existing Cuban embargo under the Helms–Burton Act and the Cuban Democracy Act, Carnival Cruise line made history in July of 2015 when it became the first United States cruise line to receive approval from both the United States Department of Treasury and the United States Department of Commerce to offer cruises to Cuba. Since its introduction, there has been wide increase in Cuba’s tourism industry. However, Cuban regulations still regulate where and how cruise lines can travel. The increased relations are ...


Unregulated Custody Transfers: Why The Practice Of Rehoming Should Be Considered A Form Of Illegal Adoption And Human Trafficking, Michael D. Aune 2018 University of Georgia School of Law

Unregulated Custody Transfers: Why The Practice Of Rehoming Should Be Considered A Form Of Illegal Adoption And Human Trafficking, Michael D. Aune

Georgia Journal of International & Comparative Law

No abstract provided.


Strategies To Promote Women's Participation In Shaping International Law And Policy In An Era Of Anti-Globalism, Patricia Wald 2018 University of Georgia School of Law

Strategies To Promote Women's Participation In Shaping International Law And Policy In An Era Of Anti-Globalism, Patricia Wald

Georgia Journal of International & Comparative Law

No abstract provided.


A Tribute To Hope Lewis, Karen E. Bravo 2018 Indiana University Robert H. McKinney School of Law

A Tribute To Hope Lewis, Karen E. Bravo

Georgia Journal of International & Comparative Law

No abstract provided.


Writing Truth To Power: Remarks In Celebration Of Intlawgrrls' Tenth Birthday, Diane Marie Amann 2018 University of Georgia School of Law

Writing Truth To Power: Remarks In Celebration Of Intlawgrrls' Tenth Birthday, Diane Marie Amann

Georgia Journal of International & Comparative Law

No abstract provided.


Conference: Intlawgrrrls! 10th Birthday Conference, Georgia Journal of International and Comparative law 2018 University of Georgia School of Law

Conference: Intlawgrrrls! 10th Birthday Conference, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


An Attempt To Evade Liability: Australia's Role In Detention Center Abuse And The Refoulement Of Sri Lankan Asylum Seekers In The Context Of The Convention Against Torture, Carson Masters 2018 University of Georgia School of Law

An Attempt To Evade Liability: Australia's Role In Detention Center Abuse And The Refoulement Of Sri Lankan Asylum Seekers In The Context Of The Convention Against Torture, Carson Masters

Georgia Journal of International & Comparative Law

No abstract provided.


Regulatory Response To E-Cigarettes, Morgan Johnson 2018 University of Georgia School of Law

Regulatory Response To E-Cigarettes, Morgan Johnson

Georgia Journal of International & Comparative Law

No abstract provided.


American Hypocrisy: How The United States' System Of Mass Incarceration And Police Brutality Fail To Comply With Its Obligations Under The International Convention On The Elimination Of All Forms Of Racial Discrimination, R. Danielle Burnette 2018 University of Georgia School of Law

American Hypocrisy: How The United States' System Of Mass Incarceration And Police Brutality Fail To Comply With Its Obligations Under The International Convention On The Elimination Of All Forms Of Racial Discrimination, R. Danielle Burnette

Georgia Journal of International & Comparative Law

No abstract provided.


Entering The Trump Ice Age: Contextualizing The New Immigration Enforcement Regime, Bill Ong Hing 2018 University of San Francisco

Entering The Trump Ice Age: Contextualizing The New Immigration Enforcement Regime, Bill Ong Hing

Texas A&M Law Review

During the early stages of the Trump ICE age, America seemed to be witnessing and experiencing an unparalleled era of immigration enforcement. But is it unparalleled? Did we not label Barack Obama the “deporter-inchief?” Was it not George W. Bush who used the authority of the Patriot Act to round up nonimmigrants from Muslim and Arab countries, and did his ICE not commonly engage in armed raids at factories and other worksites? Are there not strong parallels that can be drawn between Trump enforcement plans and actions and those of other eras? What about the fear and hysteria that seems ...


Pedigree Prosecution: Should A Head Of State’S Family Members Be Entitled To Immunity In Foreign Courts?, Yena Hong 2018 Fordham University School of Law

Pedigree Prosecution: Should A Head Of State’S Family Members Be Entitled To Immunity In Foreign Courts?, Yena Hong

Fordham Law Review

States tread carefully in international affairs to maintain mutual respect for sovereignty. In today’s legal order, a head of state is the sovereign state personified. Until the twentieth century, heads of state did not routinely travel outside of their respective domains. Consequently, mutual respect for foreign sovereigns was usually implemented in national courts by recognition of immunity for diplomats and public vessels—paradigmatically, warships. Today, heads of state often travel to other countries, and it is increasingly accepted as customary international law that a head of state cannot be sued or prosecuted in a foreign court on the basis ...


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