A Pro-Choice Reading Of A Pro-Life Treaty: The Inter-American Court On Human Rights’ Distorted Interpretation Of The American Convention On Human Rights In Artavia V. Costa Rica, 2014 Ave Maria School of Law
A Pro-Choice Reading Of A Pro-Life Treaty: The Inter-American Court On Human Rights’ Distorted Interpretation Of The American Convention On Human Rights In Artavia V. Costa Rica, Ligia M. De Jesus
Ligia M. De Jesus
In Artavia, the Inter-American Court on Human Rights’ first decision on embryonic life and artificial procreation, where the Court held that – at least before implantation – the human embryo is not a person entitled to human rights protection under the American Convention, while defining the term “conception” to occur at implantation, not at fertilization. The Court also read Article 4(1)’s phrase “in general, from the moment of conception” to mean that only gradual or incremental protection should be given to prenatal life, depending on the unborn child’s physical stage of development. In addition, it held that “personal decisions” – …
Australian Plain Packaging Law, International Litigations And Regulatory Chilling Effect, 2014 Institute of Law Studies, Polish Academy of Sciences
Australian Plain Packaging Law, International Litigations And Regulatory Chilling Effect, Lukasz A. Gruszczynski
Lukasz A Gruszczynski
Introduction of plain packaging law by Australia in 2012 was met with strong opposition from transnational tobacco companies (TTCs). While advocates of the law see it as a logical step in governmental efforts to curb tobacco use and improve public health in Australia, TTCs claim that the new law is scientifically unsound, overly intrusive and that it infringes a number of international law provisions relating to trademark and property protection. Some TTCs, either directly or indirectly,have decided to test the Australian measure before international tribunals. Although, these challenges are connectedwith interests held by TTCs in Australia, they should be seen …
Trick Or Treaty? The Australian Debate Over The Anti-Counterfeiting Trade Agreement (Acta), 2014 Australian National University College of Law
Trick Or Treaty? The Australian Debate Over The Anti-Counterfeiting Trade Agreement (Acta), Matthew Rimmer
Matthew Rimmer
The secretive 2011Anti-Counterfeiting Trade Agreement – known in short by the catchy acronym ACTA – is a controversial trade pact designed to provide for stronger enforcement of intellectual property rights. The preamble to the treaty reads like pulp fiction – it raises moral panics about piracy, counterfeiting, organised crime, and border security. The agreement contains provisions on civil remedies and criminal offences; copyright law and trademark law; the regulation of the digital environment; and border measures. Memorably, Susan Sell called the international treaty a TRIPS Double-Plus Agreement, because its obligations far exceed those of the World Trade Organization's TRIPS Agreement …
The Use Of Drones In Targeted Killings, 2014 Padua University, external collaborator
The Use Of Drones In Targeted Killings, Federico Sperotto
Federico Sperotto
No abstract provided.
The Use Of Drones In Targeted Killing Operations, 2014 Padua University, external collaborator
The Use Of Drones In Targeted Killing Operations, Federico Sperotto
Federico Sperotto
No abstract provided.
Innovation, Intellectual Property And Development Narratives In Africa, 2014 University of Ottawa
Innovation, Intellectual Property And Development Narratives In Africa, Jeremy De Beer
Jeremy de Beer
No abstract provided.
Beyond The National Resource Privilege: Towards An International Court Of The Environment, 2014 Queen's University - Belfast
Beyond The National Resource Privilege: Towards An International Court Of The Environment, Fabian Schuppert
Fabian Schuppert
No abstract provided.
The Environmentally Conscious Skies: Did The European Union’S Game Of Brinksmanship Lead To A Viable Global Plan For Emissions Trading In Aviation?, 2014 Clemson University
The Environmentally Conscious Skies: Did The European Union’S Game Of Brinksmanship Lead To A Viable Global Plan For Emissions Trading In Aviation?, Darren Prum, Kathryn Kisska-Schulze
Darren A. Prum
Effective January 1, 2012, the European Union (EU) instituted the first emissions trading scheme (ETS) for aviation which affected the domestic and international commercial airline industry flying into and out of the EU. The EU established the ETS to counter the global aviation sector’s role in releasing greenhouse gas (GHG) emissions; however, such movement was met with heavy opposition by foreign countries, the International Civil Aviation Organization (ICAO), various commercial airlines and the Air Transport Association of America (ATA). This paper analyzes the legality of the EU’s unilateral ETS approach with respect to the commercial airline industry, examines the subsequent …
Set Up For Abduction And Extortion By The Irs: Does The Reporting Of Interest Paid On U.S. Bank Deposits Undermine The Government's Obligation To Avoid Instigating Terrorism By Foreign Criminal Gangs And Drug Cartels?, 2014 Florida State University
Set Up For Abduction And Extortion By The Irs: Does The Reporting Of Interest Paid On U.S. Bank Deposits Undermine The Government's Obligation To Avoid Instigating Terrorism By Foreign Criminal Gangs And Drug Cartels?, Darren Prum, Chad G. Marzen
Chad G. Marzen
The Internal Revenue Service recently overturned 90 years of United States foreign and tax policy by finalizing and codifying its efforts to report interest income earned at domestic banks for accounts held by nonresident aliens. While the IRS felt its need to collect the data and revenue outweighs concerns raised against the proposal, the rule change has broad ramifications in the areas of tax, commerce, international policy and law, and the war against transnational criminal organizations and terrorism. This article argues that the rule change has the potential to wreak havoc on a fragile economic recovery by leading to a …
Reform Of Investor-State Dispute Settlement: Lessons From International Uniform Law, 2014 Queen's University
Reform Of Investor-State Dispute Settlement: Lessons From International Uniform Law, Joshua D H Karton
Joshua Karton
This article argues that significant improvements in the quality and consistency of decision-making in investor-state arbitration can be achieved without taking such drastic (and possibly unachievable) steps as creating a global appellate body or standing international investment court, or enacting a new treaty that codifies the substantive obligations of international investment law for all signatory states. The article draws on the experience of the international uniform law movement to suggest realistic and achievable steps that could nevertheless be effective.
Although investor-state arbitration and uniform law are not entirely analogous, they do share some important similarities. In particular, they share the …
International Arbitration Culture And Global Governance, 2014 Queen's University
International Arbitration Culture And Global Governance, Joshua Karton
Joshua Karton
Academics increasingly characterize international commercial arbitration (ICA) as a form of global governance. However, this literature rarely discusses why ICA should come to provide truly global governance, as opposed to being simply an atomized form of governance derivative of national court litigation — more neutral, more widely enforceable, perhaps faster and cheaper, but essentially the same adjudicative exercise in a different venue. For ICA to constitute global governance, as opposed to merely disconnected resolutions of individual cross-border disputes according to national laws, there are at least two prerequisites. First, legal rules must be formulated at the global level and apply …
Enforcement In A Regime Complex, 2014 Stanford Law School
Enforcement In A Regime Complex, Sergio Puig
Sergio Puig
Today’s international business environment is fundamentally different than that of fifty years ago. Traditional trade meant selling into one nation goods that were made in another; now trade is mostly about making things in multiple countries and selling them everywhere. Yet the two main branches of public international law that address international business—international trade law and international investment law—have their providence and continue to be viewed as two discrete, separate systems. Through case studies, this Article explores how trade and investment are converging, and the resulting difficulties governments and private interests face when international rules are enforced. The tasks of …
El Caso Pratt & Whitney Vs. Malev Hungarian Airlines: ¿Se Trató Realmente De Una Compraventa Internacional?, 2014 Instituto de Investigaciones Jurídicas, de la Universidad Nacional Autónoma de México (UNAM)
El Caso Pratt & Whitney Vs. Malev Hungarian Airlines: ¿Se Trató Realmente De Una Compraventa Internacional?, Jorge Adame Goddard
Jorge Adame Goddard
No abstract provided.
The Emergence Of New Corporate Social Responsibility Regimes In China And India, 2014 University of Maryland Francis King Carey School of Law
The Emergence Of New Corporate Social Responsibility Regimes In China And India, Shruti Rana, Afra Afsharipour
Faculty Scholarship
In an era of financial crises, widening income disparities, and environmental and other calamities linked to corporations, calls for greater corporate social responsibility (“CSR”) are increasing rapidly around the world. Though CSR efforts have generally been viewed as voluntary actions undertaken by corporations, a new CSR model is emerging in China and India. In a marked departure from CSR as it is known in the United States and as it has been developing through global norms, China and India are moving towards mandatory, not voluntary, CSR regimes. They are doing so not only in a time of great global economic …
Immunity Or Regulation?: Antinomies Of Religious Freedom, 2014 University of Maryland School of Law
Immunity Or Regulation?: Antinomies Of Religious Freedom, Peter G. Danchin, Saba Mahmood
Faculty Scholarship
No abstract provided.
The Mutual Non-Denial Principle, China's Interests, And Taiwan's Expansion Of International Participation, 2014 Wake Forest University
The Mutual Non-Denial Principle, China's Interests, And Taiwan's Expansion Of International Participation, Wei-Chin Lee
Maryland Series in Contemporary Asian Studies
No abstract provided.
The Spratly Islands Dispute: International Law, Conflicting Claims, And Alternative Frameworks For Dispute Resolution, 2014 University of Nevada, Las Vegas
The Spratly Islands Dispute: International Law, Conflicting Claims, And Alternative Frameworks For Dispute Resolution, Robin Gonzales
Calvert Undergraduate Research Awards
The Spratly islands dispute is a regional maritime territorial sovereignty dispute which involves six countries in the South China Sea – China, Taiwan, Vietnam, Philippines, Malaysia and Brunei. Underscored by the prospects of large natural energy reserves, control of strategic global maritime areas, and shifting global power dynamics, the dispute has significant international geo-strategic, economic, political and legal implications. This Honors Thesis evaluates the international legal standards for resolving maritime sovereignty disputes, provides a historiography of the six countries’ competing claims, and analyzes the legal soundness of their claims. This thesis also proposes and examines potential political and diplomatic frameworks …
The United States, China, And Freedom Of Navigation In The South China Sea, 2014 Penn State Law
The United States, China, And Freedom Of Navigation In The South China Sea, James W. Houck, Nicole M. Anderson
Journal Articles
The need for a uniform understanding of international norms regarding freedom of navigation is increasingly important as more States develop capacity to act in the international maritime realm. Nowhere is the issue of freedom of navigation more contentious, with more potential to spark wider conflict, than in the South China Sea (SCS). Both the United States and China profess an interest in the free navigation of commercial vessels in the region. Beyond commercial shipping, however, the two nations disagree on the important issue of freedom of navigation for military vessels. The United States believes all nations have wide latitude under …
Olympic-Sized Opportunity: Examining The Ioc's Past Neglect Of Human Rights In Host Cities And The Chance To Encourage Reformon A Global Scale, 2014 Loyola University Chicago, School of Law
Olympic-Sized Opportunity: Examining The Ioc's Past Neglect Of Human Rights In Host Cities And The Chance To Encourage Reformon A Global Scale, Chad Nold
Loyola University Chicago International Law Review
No abstract provided.
Emerging Issues: Overthrowing The Government: What Boko Haram Means For Women, 2014 University of Baltimore School of Law
Emerging Issues: Overthrowing The Government: What Boko Haram Means For Women, Kimberly R. Frazier
University of Baltimore Journal of International Law
Boko Haram has been active since 2002, however, most of the world became familiar with the Islamic terrorist group in April of 2014 after they kidnapped approximately 276 girls from a boarding school in northeastern Nigeria.1 The group’s leader, Abubakar Shekau, announced in a video that the kidnapping was an act of retaliation after Nigerian security forces kidnapped the wives and children of Boko Haram leaders.2 He also stated that the girls would be forced to convert to Islam and sold into the slave market to begin their new lives as “servants.”3 The kidnapping was not the first act of …