Creating A Modern Atlantis: Recognizing Submerging States And Their People, 2014 University at Buffalo School of Law (Student)
Creating A Modern Atlantis: Recognizing Submerging States And Their People, Jessica L. Noto
Buffalo Law Review
No abstract provided.
Advancing National Intellectual Property Policies In A Transnational Context, 2014 University of Nevada, Las Vegas -- William S. Boyd School of Law
Advancing National Intellectual Property Policies In A Transnational Context, Marketa Trimble
Boyd Briefs / Road Scholars
Professor Marketa Trimble presented these materials at the Third International Intellectual Property Scholars Roundtable, which was held at the DePaul University College of Law on May 1, 2014.
The Intriciacies Of Tax And Globalization, 2014 Ono Faculties of Law & Business Administration
The Intriciacies Of Tax And Globalization, Sagit Leviner Dr.
Sagit Leviner Dr.
This article reviews Avi-Yonah, Sartori, and Marian’s Global Perspectives on Income Taxation Law (Oxford, 2011). It outlines the book’s key features and strengths in the quest for understanding the effect of globalization on taxation. In this process, the article also looks into available data to explore global trends in taxation over the past three and a half decades to evaluate whether and to what extent globalization leads to convergence or divergence of national tax policies. The article concludes that as Global Perspectives on Income Taxation Law illustrates, while globalization may lead to at least some observed trends in taxation—including the …
Moving Towards Sustainable Coastal Development In South Asia By Linking Coastal Climate Change Adaptation With Integrated Coastal Zone Management Through The Instrumentality Of Law, 2014 Unaffiliated Authors - Independent
Moving Towards Sustainable Coastal Development In South Asia By Linking Coastal Climate Change Adaptation With Integrated Coastal Zone Management Through The Instrumentality Of Law, Tony George Puthucherril
PhD Dissertations
For long, coastal management focused on the sustainable utilization of coastal resources and avoidance and management of conflict, as well as the promotion of complementarities between users. However, with rising sea levels and other climate change impacts, coastal management has become increasingly complex. This thesis investigates the legal instruments underpinning the management of coastal zones, exploring the concept of sustainable coastal development (SCD) and the relevance of the integrated coastal zone management (ICZM) process. Specifically, the discourse analyzes how law and legal regimes play a backbone role in strengthening and supporting ICZM implementation by facilitating the linkage between ICZM and …
Towards International Criminalization Of Transboundry Environmental Crimes, 2014 Pace University School of Law
Towards International Criminalization Of Transboundry Environmental Crimes, Hamdan Qudah
Dissertations & Theses
This dissertation puts forward the argument that violations of the International Covenant on Economic, Social and Cultural Rights should be penalized under a criminal body of international law. The theories brought forth under this proposal stems from the field of green criminology, which explores the criminal application of law in the context of environmental protection. The concept of crimes against future generations can be the crux of new law that can be used to criminalize conduct against the interest of future populations. In an effort to maintain sustainable development which centers on environmental protection, economic protection and social development, the …
Organizing With International Framework Agreements: An Exploratory Study, 2014 Illinois Institute of Technology
Organizing With International Framework Agreements: An Exploratory Study, César F. Rosado Marzán
UC Irvine Law Review
No abstract provided.
Promoting Impartiality Of International Commercial Arbitrators Through Chinese Criminal Law: Arbitration By "Perversion Of Law", 2014 Brigham Young University Law School
Promoting Impartiality Of International Commercial Arbitrators Through Chinese Criminal Law: Arbitration By "Perversion Of Law", Deng Ruiping, Duan Xiaosong
Brigham Young University International Law & Management Review
No abstract provided.
Gaia’S Navy: The Sea Shepherd Conservation Society’S Battle To Stay Afloat And International Law, 2014 William & Mary Law School
Gaia’S Navy: The Sea Shepherd Conservation Society’S Battle To Stay Afloat And International Law, Gerry Nagtzaam
William & Mary Environmental Law and Policy Review
This Article critically examines the Sea Shepherd Conservation Society and its self-appointed role to protect oceanic life. In Part I, the Article examines the history of this radical environmental group, the role performed by its charismatic leader, Paul Watson, its organizational structure, its strategies and tactics, its governing philosophy, and its attitudes to violence. Part II provides a history of the various direct actions carried out by the group; it examines the organization’s ongoing confrontations with the Japanese whaling fleet, documents the current legal travails the group and its leader are experiencing, and asks whether its methods are counterproductive to …
Enforcement Activism Of The Eu’S Renewable Energy Directive During The Global Financial Crisis, 2014 William & Mary Law School
Enforcement Activism Of The Eu’S Renewable Energy Directive During The Global Financial Crisis, Jon Truby
William & Mary Environmental Law and Policy Review
No abstract provided.
Searching For The Hinterman: In Praise Of Subjective Theories Of Imputation, 2014 Cornell Law School
Searching For The Hinterman: In Praise Of Subjective Theories Of Imputation, Jens David Ohlin
Cornell Law Faculty Publications
How should international courts distinguish between principals and accessories? The ICC answered this question with Roxin’s Control Theory of Perpetration; defendants should be convicted as principals if they control the crime individually, jointly with a co-perpetrator, indirectly via an organized apparatus of power, or as indirect co-perpetrators (via a combination of the previous doctrines). As the ICC adopted the control requirement, however, some of its decisions have allowed lower mental states such as recklessness or dolus eventualis to meet the standard for principal perpetration under the Control Theory. Other decisions have asserted that intent or knowledge is required though their …
Global Health And The Law, 2014 Georgetown University Law Center
Global Health And The Law, Lawrence O. Gostin, Devi Sridhar
Georgetown Law Faculty Publications and Other Works
The last two decades have brought revolutionary changes in global health, driven by popular concern over AIDS, novel influenzas, and maternal mortality. Given the rapid globalization that is a defining feature of today’s world, the need for a robust system of global health law has never been greater. Global health law has been defined as the legal norms, processes, and institutions designed primarily to attain the highest possible standard of physical and mental health for the world’s population. Global health law is not an organized legal system, with a unified treaty monitoring body, such as the World Trade Organization. There …
Cynicism And Guilt In International Law After Rwanda, 2014 City University London
Cynicism And Guilt In International Law After Rwanda, Luigi Russi
Luigi Russi
Framing the Rwandan genocide as a “failure” of international law forces one to approach it as an unintended consequence of an otherwise benign system of formal relations between states. The present article looks at it instead as a physiological product of international law, disclosing the possibility to contemplate the latter as a fundamentally imperialistic system pegged on the controversial notion of “rule of law”. International law embodies a system of legalised extraction swaying between cynicism and guilt: despite its real face showing on occasions like Rwanda, it keeps revamping itself so as to prevent a fundamental appraisal of the contradictory …
The International Trend Toward Requiring Good Cause For Tenant Eviction: Dangerous Portents For The United States?, 2014 Louisiana State University Law Center
The International Trend Toward Requiring Good Cause For Tenant Eviction: Dangerous Portents For The United States?, Andrea B. Carroll
Andrea Beauchamp Carroll
This article is a first step in an effort to critically examine the invasion of a rather dangerous European property law trend into American law. The view of the right to safe, adequate, and affordable housing as a fundamental right held by all mankind is quickly growing, with more than nine countries now recognizing it. The problem is that the recognition of this fundamental right begs the question of how it is to be assured. The method of assurance chosen by most jurisdictions recognizing a right to housing is a scheme of good cause eviction. Under such a regime, a …
"T.I.A" - This Is Africa - So Why The Icc?, 2014 Pace University School of Law
"T.I.A" - This Is Africa - So Why The Icc?, Fletcher Miles
Fletcher V Miles Mr
Since its creation the International Criminal Court (“ICC”) has been under scrutiny and repeatedly criticised for judicial failure and imperial arrogance. At the heart of this criticism is the simple fact that the ICC prosecution list is made up exclusively of African states, which demonstrates a clear bias towards the African continent.
This paper addresses the key factors causing perceptions of bias while considering the extreme difficulties faced by the ICC in operating a judicial body within a politically driven international community. Fundamental issues introduce the background of the bias such as funding distribution, the skew of ICC jurisdiction, colonialism …
China's Role In Well-Known Marks Protection: It's Now Or Never...Or Dilution, 2014 SelectedWorks
China's Role In Well-Known Marks Protection: It's Now Or Never...Or Dilution, Ava Farshidi
Ava Farshidi
Infringement over the transliteration, converting text to another script, of well-known marks is a major problem for foreign companies in China. If a multinational company does not create its own Chinese transliteration, the Chinese public may create one, which will ultimately affect the company’s ownership of the mark in a different language. Although China became a member of both the Paris Convention for the Protection of Intellectual Property (“Paris Convention”) and the agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”), China has adopted laws that directly conflict with these international guidelines for well-known marks, which has paved the way …
Jlia 3:1 - The Future Of International Criminal Justice, 2014 Penn State Law
Jlia 3:1 - The Future Of International Criminal Justice
Penn State Journal of Law & International Affairs
No abstract provided.
“A Pointless Legal Revolution? Constitutional Supremacy And Eu Membership In Spain, 1978-2014”, 2014 U. of Santiago de Compostela (Galicia, Spain)
“A Pointless Legal Revolution? Constitutional Supremacy And Eu Membership In Spain, 1978-2014”, Antonio-Carlos Pereira-Menaut
antonio-carlos pereira-menaut
This topic belongs to history. After Franco’s death (1975) Spain embarked on a ‘legal revolution’ that, if pressed to its extremes, could be hardly compatible with European integration. Understandably, the Spaniards throve to create not just a new constitution but also a whole new legal order, with the following traits:
First, legal monism, and pyramid-like shape. Second, every legally relevant thing should be traceable back to the Constitution, that would legitimate and pervade all laws, by-laws, decrees, orders, administrative acts and judicial rulings. Ideally, every law, act or verdict would be but a development of the Constitution. Third, the border …
Rights And Responsibilities: What Are The Prospects For The Responsibility To Protect In The International/Transnational Arena?, 2014 Osgoode Hall Law School of York University
Rights And Responsibilities: What Are The Prospects For The Responsibility To Protect In The International/Transnational Arena?, Carolyn Helen Filteau
PhD Dissertations
The dissertation involves a study of the emerging international norm of ‘The Responsibility to Protect’ which states that citizens must be protected in cases of human atrocities, war crimes, ethnic cleansing and genocide where states have failed or are unable to do so. According to the work of the International Commission on the Responsibility to Protect (ICISS), this response can and should span a continuum involving prevention, a response to the violence, when and if necessary, and ultimately rebuilding shattered societies. The most controversial aspect, however, is that of forceful intervention and much of the thesis focuses on this aspect. …
World Bank Tribunal Threatens El Salvador’S Development, 2014 Western New England University School of Law
World Bank Tribunal Threatens El Salvador’S Development, Lauren Carasik
Media Presence
No abstract provided.
Learning From Our Mistakes: The Belfast Project Litigation And The Need For The Supreme Court To Recognize An Academic Privilege In The United States, 2014 J.D. Candidate, 2014, Dickinson School of Law, Pennsylvania State University
Learning From Our Mistakes: The Belfast Project Litigation And The Need For The Supreme Court To Recognize An Academic Privilege In The United States, Kathryn L. Steffen
Penn State Journal of Law & International Affairs
Through the Belfast Project, researchers sponsored by Boston College began to compile an oral history of the period of violent political conflict in Northern Ireland known as “The Troubles” in a series of interviews. The interviewees’ participation in the project was conditioned on a strict promise of confidentiality. However, when authorities in the United Kingdom became suspicious that the interviews contained evidence of criminal activity, the United Kingdom, pursuant to a Mutual Legal Assistance Treaty, requested the United States to subpoena the materials on its behalf. Satisfaction of the subpoena would mean not only turning over the interview recordings, but …