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Juntas De Revisión Periódica Para La Detención De La Ley De Guerra En Guantánamo: ¿Qué Será Lo Siguiente?, Andrea Harrison 2018 International Committee for the Red Cross's Regional Delegation for the United States and Canada

Juntas De Revisión Periódica Para La Detención De La Ley De Guerra En Guantánamo: ¿Qué Será Lo Siguiente?, Andrea Harrison

ILSA Journal of International & Comparative Law

No abstract provided.


Reviewing The Use Of “Soft Law” In Investment Arbitration, José E. Alvarez 2018 NYU School of Law

Reviewing The Use Of “Soft Law” In Investment Arbitration, José E. Alvarez

New York University Public Law and Legal Theory Working Papers

This essay surveys the extent to which instruments, such as those issued by the International Bar Association for use in arbitration that are not included in the formal sources of international law, are relied upon in investor-state arbitration. It considers the difficulties of defining what some call ‘soft’ or ‘informal’ law, of empirically measuring the extent to which arbitrators resort to it, and of determining whether its use is consistent with the accepted rules of treaty interpretation. It canvasses the significance of soft law in two recent rulings, Urbaser v. Argentina and Philip Morris v. Uruguay. The author, who previously ...


Sticky Floors, Springboards, Stairways & Slow Escalators: Mobility Pathways And Preferences Of International Students In U.S. Law Schools, Carole Silver, Swethaa S. Ballakrishnen 2018 University of California, Irvine School of Law

Sticky Floors, Springboards, Stairways & Slow Escalators: Mobility Pathways And Preferences Of International Students In U.S. Law Schools, Carole Silver, Swethaa S. Ballakrishnen

UC Irvine Journal of International, Transnational, and Comparative Law

No abstract provided.


Cross-Border Student Flows And The Construction Of International Law As A Transnational Legal Field, Anthea Roberts 2018 University of California, Irvine School of Law

Cross-Border Student Flows And The Construction Of International Law As A Transnational Legal Field, Anthea Roberts

UC Irvine Journal of International, Transnational, and Comparative Law

No abstract provided.


It Is Not About The Drugs: A Comparative And Contextual Analysis Of Singapore And European Approach To Drug Issues., Rathna Devi GANESH 2018 Singapore Management University

It Is Not About The Drugs: A Comparative And Contextual Analysis Of Singapore And European Approach To Drug Issues., Rathna Devi Ganesh

Research Collection School Of Law

This article aims to establish that Singapore’s drug policy and approach though not in tandem, is consistent with the elements espoused in the harm reduction approach advocated by the Global Commission on drug policies. The Commission takes the position that drug control nationally has to be aligned with the sustainable development goals agenda approved by the member states in 2015. It has recommended abolishing death penalty for all drug related offences, decriminalizing drug possession and cultivation for personal consumption, implementing non-penal sanctions for all low level drug offenders, and exploring non-penal regulatory models following decriminalization. There is a paradigm ...


Board Independence As A Panacea To Tunnelling? An Empirical Study Of Related Party Transactions In Hong Kong And Singapore, Christopher C. H. CHEN, Wai Yee WAN, Wei ZHANG 2018 Singapore Management University

Board Independence As A Panacea To Tunnelling? An Empirical Study Of Related Party Transactions In Hong Kong And Singapore, Christopher C. H. Chen, Wai Yee Wan, Wei Zhang

Research Collection School Of Law

In this article, we examine a general question: is the legal transplantation of corporate governance rule effective in curtailing agency costs? Entering into the 21st century, we have seen reforms of corporate governance standards in the Far East since the Asian Financial Crisis in 1997, including in Hong Kong and Singapore. These reforms built on the Anglo-American model of corporate governance in the UK and US supported by broad academic literature of connecting better corporate governance with firm value and identifying the association of tunneling or wrongdoings with poor corporate governance practices. The idea is also to provide more checks-and-balances ...


Money Laundering By Politically Exposed Persons In Nigeria: Consequences And Combative Measures, Ike Onyiliogwu 2018 La Salle University

Money Laundering By Politically Exposed Persons In Nigeria: Consequences And Combative Measures, Ike Onyiliogwu

Economic Crime Forensics Capstones

The Capstone Project will focus on money laundering in Nigeria by Politically Exposed Persons (PEPs) and the devastating negative impact on Nigeria’s progress as well as various measures that could combat it.

The Financial Action Task Force (FATF) defines money laundering as the processing of “ Criminal proceeds to disguise their illegal origin.” And PEPs as “someone who has been entrusted with a public function.” (FATF, 2018). The Nigerian government has adopted the term, “politically exposed persons” to include senior politicians and senior government officials as well as their immediate family.

According to Nigeria’s president, Muhammadu Buhari, $150 billion ...


Are Enhanced Warfighters Weapons, Means, Or Methods Of Warfare?, Rain Liivoja, Luke Chircop 2018 TC Beirne School of Law, University of Queensland

Are Enhanced Warfighters Weapons, Means, Or Methods Of Warfare?, Rain Liivoja, Luke Chircop

International Law Studies

Advances in science and technology have made it possible to improve the physical and cognitive capabilities of warfighters by biomedical interventions, such as the administration of drugs, the implantation of devices, and the magnetic stimulation of the brain. These advances raise the question as to whether enhanced warfighters ought to be considered weapons, means of warfare, or methods of warfare, for the purposes of the law of armed conflict. An affirmative answer to this question would make human enhancement subject to various restrictions arising from the law of armed conflict as well as arms control law. This article disagrees with ...


Between Power Politics And International Economic Law: Asian Regionalism, The Trans-Pacific Partnership And U.S.-China Trade Relations, Jiangyu Wang 2018 Faculty of Law, National University of Singapore

Between Power Politics And International Economic Law: Asian Regionalism, The Trans-Pacific Partnership And U.S.-China Trade Relations, Jiangyu Wang

Pace International Law Review

This Article examines the interactions of power politics and international economic law in the development of regionalism in Asia, particularly in the context of United States-China trade relations. It argues that the process of regional economic integration in Asia has been slow-moving because of the politicization of regionalism by power rivalries. China’s initial regional integration initiatives apparently ignored the United States, a superpower which has always been a major player in Asia and an indispensable part of the region’s economic process. The United States-led Trans-Pacific Partnership was allegedly designed to exclude China, Asia’s largest economy. On the ...


Cisg Article 79: Exemption Of Performance, And Adaptation Of Contract Through Interpretation Of Reasonableness-Full Of Sound And Fury, But Signifying Something, Yasutoshi Ishida 2018 Himeji-Dokkyo University, Japan

Cisg Article 79: Exemption Of Performance, And Adaptation Of Contract Through Interpretation Of Reasonableness-Full Of Sound And Fury, But Signifying Something, Yasutoshi Ishida

Pace International Law Review

Article 79 of the CISG provides that “[a] party is not liable for a failure to perform any of his obligations” if the party has encountered a certain impediment defined therein. It was once depicted as “the Convention’s least successful part of the half-century of work.” It has been thirty years since the CISG took effect. However, the interpretation of Article 79 is as old and unsuccessful as ever. For one thing, it has long been interpreted against our intuition, not to exempt a party from specific performance claims. For another, the controversy has long continued unsettled over whether ...


The Consideration Of Male Victims Of Sexual Violence As A Subset Of The Particular Social Group “Homosexual” In Adjudicating Asylum Claims, Christiana Desrosiers 2018 Elisabeth Haub School of Law at Pace University

The Consideration Of Male Victims Of Sexual Violence As A Subset Of The Particular Social Group “Homosexual” In Adjudicating Asylum Claims, Christiana Desrosiers

Pace International Law Review

This Article analyzes the difficulties African male victims of sexual violence experience when seeking asylum in homophobic host countries and the lack of attention they receive from international and national governments and organizations. It concludes by recommending that male victims of sexual violence be able to seek asylum in host countries due to lack of medical care that they receive in their countries on account of imputed homosexual status.


Humanitarian Islam, Engy Abdelkader 2018 Rutgers University

Humanitarian Islam, Engy Abdelkader

Pace International Law Review

In the aftermath of mass shootings by violent extremists and amid increasing anti-Muslim prejudice and discrimination, many Muslim Americans have responded to these and other social, legal, and political developments with philanthropic initiatives inspired by orthodox Islamic teachings. This humanitarian impulse in Islam, which has shaped the religion since its founding, is relatively unknown to non-Muslim Americans. Humanitarian Islam is defined here in largely oppositional terms to so-called the “radical Islam.” In contrast to the violence, aggression, death, and destruction commonly associated with “radical Islam,” selfless volunteerism, benevolence, altruism, and charitable giving in service to others are characteristic of humanitarian ...


Death On The High Seas: The Demise Of Tovalop And Cristal, Susan Bloodworth 2018 Florida State University College of Law

Death On The High Seas: The Demise Of Tovalop And Cristal, Susan Bloodworth

Florida State University Journal of Land Use and Environmental Law

In this Comment, the author provides an overview of TOVALOP and CRISTAL. The author also discusses other U.S. and international remedies for oil spill damages. An evaluation of the ramifications which are being realized because TOVALOP and CRISTAL are no longer enforced follows. This Comment concludes by suggesting that any future oil pollution compensation scheme must include TOVALOP and CRISTAL because these agreements provided the greatest likelihood of compensation to those damaged by maritime oil pollution.


Indigenous Land Tenure And Nationalisation Of Land In Nigeria, P. Ehi Oshio 2018 Florida State University College of Law

Indigenous Land Tenure And Nationalisation Of Land In Nigeria, P. Ehi Oshio

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


Developer Obligations For Public Services In Israel: Law And Social Policy In A Comparative Perspective, Rachelle Alterman 2018 Technion - Israel Institute of Technology

Developer Obligations For Public Services In Israel: Law And Social Policy In A Comparative Perspective, Rachelle Alterman

Florida State University Journal of Land Use and Environmental Law

No abstract provided.


International Pesticide Trade: Is There Any Hope For The Effective Regulation Of Controlled Substances?, Jefferson D. Reynolds 2018 Florida State University College of Law

International Pesticide Trade: Is There Any Hope For The Effective Regulation Of Controlled Substances?, Jefferson D. Reynolds

Florida State University Journal of Land Use and Environmental Law

In this Article, the author argues for stronger regulation, both domestically and internationally, of the importation of toxic pesticides into developing countries. Additionally, he argues there should be greater exchange of information regarding the danger and proper use of toxic pesticides. The author begins by discussing the adverse health and environmental effects of unregulated pesticides. He also explores the idea that while pesticides are heavily regulated in the United States, the importation of unregulated toxic pesticides into developing countries usually results in the pesticides finding their way back into the United States' food supply through what is known as the ...


Water Disputes In The Middle East: An International Law Analysis Of The Israel-Jordan Peace Accord, Raed Mounir Fathallah 2018 Florida State University College of Law

Water Disputes In The Middle East: An International Law Analysis Of The Israel-Jordan Peace Accord, Raed Mounir Fathallah

Florida State University Journal of Land Use and Environmental Law

This Article discusses the role of the Jordan River basin in the peace accord (Treaty) between the state of Israel and the Hashemite Kingdom of Jordan. After reviewing past water disputes involving the Jordan River, the water allocation and management sections of the Treaty are compared with the Treaty's predecessor, the Main Plan. Even though it was never ratified, both Israel and Jordan tacitly conducted their respective water polices in accordance with the Main Plan. This discussion is followed by a comparison of the Treaty with the substantive and procedural requirements of the International Law Commission Draft Articles and ...


Discriminatory Nationality Laws Must Be Eliminated In Order To Eradicate Statelessness, Neda Shaheen 2018 DePaul University

Discriminatory Nationality Laws Must Be Eliminated In Order To Eradicate Statelessness, Neda Shaheen

DePaul Journal for Social Justice

No abstract provided.


Ageism, Human Rights, And The European Court Of Human Rights: A Critical Analysis Of The Carvalho V. Portugal Case (2017), Eugenio Mantovani, Dr. Benny Spanier, Prof. Israel (Issi) Doron 2018 University of Haifa

Ageism, Human Rights, And The European Court Of Human Rights: A Critical Analysis Of The Carvalho V. Portugal Case (2017), Eugenio Mantovani, Dr. Benny Spanier, Prof. Israel (Issi) Doron

DePaul Journal for Social Justice

No abstract provided.


The Uk Forensic Science Regulator: A Model For Forensic Science Regulation?, Carole McCartney, Emmanuel N. Amoako 2018 Northumbria Law School

The Uk Forensic Science Regulator: A Model For Forensic Science Regulation?, Carole Mccartney, Emmanuel N. Amoako

Georgia State University Law Review

The use of an array of scientific techniques and technologies is now considered customary within criminal justice, with technological developments and scientific advancements regularly added to the crime investigator’s arsenal. However, the scientific basis, reliability, and fallibility of the application of such “forensic science” (and the resulting scientific evidence) continues to come under intense scrutiny. In response to apparently irremediable problems with the quality of scientific evidence in the United Kingdom (UK), the government created the role of “Forensic Science Regulator” in 2007.

The introduction of a regulator was intended to establish quality standards for all forensic science providers ...


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