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China And The Doha Development Agenda, Chin Leng Lim, Jiangyu Wang 2009 University of Hong Kong

China And The Doha Development Agenda, Chin Leng Lim, Jiangyu Wang

Chin Leng Lim

In contrast to early predictions during its accession, China has not sought to play a leadership role in the Doha Round negotiations, or to rewrite WTO rules in a systemic manner. However, China’s role in the negotiations came into prominence during the “mini-ministerial” held in Geneva in July 2008. Now included in the G-7, China came under fire from the United States and the European Union for failing to demonstrate greater leadership. This article seeks to explain the nature of that criticism, and argues that over-reliance on the question of “Chinese leadership” as an explanatory concept could aggravate broader ...


Withdrawing From Custom And The Paradox Of Consensualism In International Law, Chin Leng Lim, Olufemi Elias 2009 University of Hong Kong

Withdrawing From Custom And The Paradox Of Consensualism In International Law, Chin Leng Lim, Olufemi Elias

Chin Leng Lim

In their excellent article, Withdrawing from International Custom, Professors Curtis Bradley and Mitu Gulati call into question the prevailing conception of customary international law, according to which states “never have the legal right to withdraw unilaterally from customary law” (the “Mandatory View”). Bradley and Gulati question the intellectual history and functional desirability of the Mandatory View, and they identify “significant uncertainties about how the Mandatory View would work in practice.” Their observations appear to us to be convincing. If the basis of the Mandatory View is not convincing, then its main tenets, such as the absence of a right of ...


The Lisbon Treaty And Its Consequences For Rural Development And Sustainable Tourism: A Case Study Of Romania, Francesco Sindico 2009 University of Strathclyde

The Lisbon Treaty And Its Consequences For Rural Development And Sustainable Tourism: A Case Study Of Romania, Francesco Sindico

Francesco Sindico

With the entrance into force of the Lisbon Treaty on 1 December 2009, the European Union (EU) has now more tools to deal with a scenario of 27 Member States with specific regional characteristics and different needs in the fields of rural development and sustainable tourism. An important incentive to sign the Lisbon Treaty on 13 December 2007 was the accession to the EU of twelve Central and European countries in recent years. Romania is one of these States. This country has a huge touristic potential and, at the same time, is one of the poorest EU Member State. Against ...


Conquering The Common Law Hydra: A Probably Correct And Reasonable Overview Of Current Standards Of Appellate And Judicial Review, Mike Madden 2009 Dalhousie University

Conquering The Common Law Hydra: A Probably Correct And Reasonable Overview Of Current Standards Of Appellate And Judicial Review, Mike Madden

Mike Madden

Just as Hercules eventually conquered the Hydra by using a firebrand to cauterize the beast’s neck stumps immediately after he severed each of its heads, this work will (much less heroically) endeavor to conquer the common law equivalent of the Hydra by describing and explaining the application of the only two remaining standards of appellate and judicial review in Canada: reasonableness and correctness. Part II summarizes the various policy concerns that animate the interventionist and deferentialist perspectives toward judicial and appellate review throughout the Western world, in order to frame the ensuing discussion of the law in Canada. Part ...


Virtude Da Constituição E Virtudes Republicanas, Paulo Ferreira da Cunha 2009 Universidade do Porto

Virtude Da Constituição E Virtudes Republicanas, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

A virtude da Constituição é a sua essência e função. E a Constituição tem sempre uma virtude liberal-democrática, apesar de tudo. Conra tudo e contra todos, apesar por vezes mesmo de si própria e das intenções dos seus autores... Depois do “retorno” dos valores à política e ao Direito Constitucional, é a vez da volta das virtudes à discussão, designadamente pela via da ética constitucional ou republicana, de novo na ordem do dia em muitos países. Quais serão, então, as principais virtudes juspolíticas, constitucionais, ou republicanas? O presente artigo intenta também uma proposta de virtudes republicanas concretas para o nosso ...


Welcoming Women: Recent Changes In U.S. Asylum Law, Jillian Blake 2009 University of Michigan Law School

Welcoming Women: Recent Changes In U.S. Asylum Law, Jillian Blake

Jillian Blake

No abstract provided.


Creating A Table Of Contents And A Table Of Authorities In A Microsoft Word Document, Jennifer Allison 2009 Pepperdine University

Creating A Table Of Contents And A Table Of Authorities In A Microsoft Word Document, Jennifer Allison

Jennifer Allison

This document provides step-by-step, illustrated instructions for creating a table of contents and a table of authorities in a Microsoft Word document, using Word's TOC and TOA creation utilities. It explains conceptually and practically how this functionality works. It is designed to instruct law students.


¿Control Obligatorio Para Todos Los Tratados Internacionales? Crítica A Una Propuesta Inconveniente, Sergio Verdugo sverdugor@udd.cl 2009 Universidad del Desarrllo

¿Control Obligatorio Para Todos Los Tratados Internacionales? Crítica A Una Propuesta Inconveniente, Sergio Verdugo Sverdugor@Udd.Cl

Sergio Verdugo R.

No abstract provided.


State Immunity And Jus Cogens Violations: The Alien Tort Statute Against The Backdrop Of The Latest Developments In The ‘Law Of Nations’, Michele Potestà 2009 University of Milan

State Immunity And Jus Cogens Violations: The Alien Tort Statute Against The Backdrop Of The Latest Developments In The ‘Law Of Nations’, Michele Potestà

Michele Potestà

No abstract provided.


Climate Change Consensus: Emerging International Law, Prof. Elizabeth N. Burleson 2009 Selected Works

Climate Change Consensus: Emerging International Law, Prof. Elizabeth N. Burleson

Prof. Elizabeth Burleson

This article focuses on emerging international law addressing climate change. Providing a background on international negotiations, it considers the greenhouse gas emissions targets needed to avert catastrophic climate change. Assessing the funding debate, this article concludes that agreement in Copenhagen must result in a comprehensive instrument with which to maintain global emissions below 350 parts per million of carbon dioxide. Multilateral coordination can develop an effective framework for climate stabilization.


A Missing Part In International Investment Law: The Effectiveness Of Investment Protection Of Taiwan's Bits Vis-À-Vis Asean States, Han-Wei Liu 2009 National Tsinghua University

A Missing Part In International Investment Law: The Effectiveness Of Investment Protection Of Taiwan's Bits Vis-À-Vis Asean States, Han-Wei Liu

Han-Wei Liu

No abstract provided.


India Recognizes Limited Liability Partnerships – Any Attraction For Us Investors?, Vikas Varma 2009 de Ramon Crush PC

India Recognizes Limited Liability Partnerships – Any Attraction For Us Investors?, Vikas Varma

Vikas Varma

The Indian form of LLP is broadly comparable to New York Registered Limited Liability Partnerships (“NY LLP”) and to some extent to New York Limited Liability Companies (“NY LLC”).


How China Succeeded In Protecting Olympic Trademarks And Why This Success Will Not Generate Immediate Improvements In Intellectual Property Protection In China, Aileen M. McGill 2009 University of Pennsylvania Law School

How China Succeeded In Protecting Olympic Trademarks And Why This Success Will Not Generate Immediate Improvements In Intellectual Property Protection In China, Aileen M. Mcgill

Aileen M McGill

After centuries of stagnant growth and international isolation, China has emerged as the fastest-growing economy in the world and one of the most important parties in international trade. This staggering growth and influx of foreign goods has led to rampant counterfeiting of brand-name goods in a society with little cultural basis for individual intellectual property rights. When Beijing was awarded the 2008 summer Olympics in 2001, the Chinese government moved quickly to prepare for this beloved international event, rallying this massive country for, what many considered to be their grand emergence onto the world stage. One of the reforms enacted ...


Labour Trafficking, Fiona M. David Ms 2009 Centre for International and Public Law, Australian National University

Labour Trafficking, Fiona M. David Ms

Fiona David

In 2008, the AIC commissioned research entitled Labour Trafficking in the Australian Context: Understanding the State of Existing Knowledge and Responses, and Identifying Future Research Priorities. Through a combination of a review of relevant literature, available quantitative data, in-depth case analysis and interviews with key informants, the research sought to understand: • the state of existing knowledge with regard to labour trafficking in Australia, including what is known about trends and issues regarding labour trafficking; • the state of existing responses to labour trafficking (government and non-government); • stakeholder perceptions of likely risks for labour trafficking, along with possible points of intervention; and ...


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