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22,821 full-text articles. Page 6 of 468.

The Human Right Of Property, José E. Alvarez 2018 New York University School of Law

The Human Right Of Property, José E. Alvarez

University of Miami Law Review

Despite the absence of a comprehensive global pact on the subject, the human right to property protection—a right of property but only rarely to specific property—exists and is recognized in 21 human rights instruments, including some of the most widely ratified multilateral treaties ever adopted. The Cold War’s omission of property rights in the two principal treaties on human rights, namely the International Covenant on Civil and Political Rights and the International Covenant on Economic, Social and Cultural Rights, has been overtaken by events. But that reality continues to be resisted by legal scholars, including human rights ...


Comment On The Draft Report Of The Icca/Queen Mary Task Force On Third Party Funding In International Arbitration, Frank J. Garcia 2018 Boston College Law School

Comment On The Draft Report Of The Icca/Queen Mary Task Force On Third Party Funding In International Arbitration, Frank J. Garcia

Boston College Law School Faculty Papers

No abstract provided.


The Case For An Eu Protagonist Role On Third Party Funding Regulation, Munia El Harti Alonso 2018 Universidad Complutense de Madrid

The Case For An Eu Protagonist Role On Third Party Funding Regulation, Munia El Harti Alonso

Law and Justice in the Americas Working Paper Series

The Lisbon Treaty has enlarged the EU’s competences in external investment policy. The EU could thus increase its protagonist role in third-party funding (TPF) regulation in a manner analogous to its achievements in the investment regime, where the EU managed to rally the member states behind DG Trade’s vision. A treaty-based analysis combined with a political evaluation suggest the EU is expanding its field of competences either when it has a clear mandate or by establishing a modus vivendi as it has been the case with its external relations, particularly at the United Nations. There is therefore a ...


The Case Against Third-Party Funding In Isds: Executive Summary, Frank J. Garcia, Hyun Ju Cho, Tara Santosuosso, Randall Scarlett, Rachel Denae Thrasher 2018 Boston College Law School

The Case Against Third-Party Funding In Isds: Executive Summary, Frank J. Garcia, Hyun Ju Cho, Tara Santosuosso, Randall Scarlett, Rachel Denae Thrasher

Boston College Law School Faculty Papers

No abstract provided.


The Jus Ad Bellum'S Regulatory Form, Monica Hakimi 2018 University of Michigan Law School

The Jus Ad Bellum'S Regulatory Form, Monica Hakimi

Articles

This article argues that a form of legal regulation is embodied in decisions at the UN Security Council that condone but do not formally authorize specific military operations. Such decisions sometimes inflect or go beyond what the jus ad bellum permits through its general standards—that is, under the prohibition of cross-border force and small handful of exceptions. Recognizing that this form of regulation is both part of the law and different in kind from regulation through the general standards should change how we think about the jus ad bellum.


Third-Party Funding In Investment Arbitration: Misappropriation Of Access To Justice Rhetoric By Global Speculative Finance, Tara Santosuosso, Randall Scarlett 2018 Boston College Law School

Third-Party Funding In Investment Arbitration: Misappropriation Of Access To Justice Rhetoric By Global Speculative Finance, Tara Santosuosso, Randall Scarlett

Law and Justice in the Americas Working Paper Series

No abstract provided.


The Regulation Of Third Party Funding: Gathering Data For Future Analysis And Reform, Rachel Denae Thrasher 2018 Global Development Policy Center, Boston University Frederick S. Pardee School of Global Studies

The Regulation Of Third Party Funding: Gathering Data For Future Analysis And Reform, Rachel Denae Thrasher

Law and Justice in the Americas Working Paper Series

No abstract provided.


Third-Party Funding As Exploitation Of The Investment Treaty System, Frank J. Garcia 2018 Boston College Law School

Third-Party Funding As Exploitation Of The Investment Treaty System, Frank J. Garcia

Boston College Law School Faculty Papers

No abstract provided.


An Environmental No Man's Land: The Often Overlooked Consequences Of Armed Conflict On The Natural Environment, Evan Frauhiger 2018 College of William & Mary Law School

An Environmental No Man's Land: The Often Overlooked Consequences Of Armed Conflict On The Natural Environment, Evan Frauhiger

William & Mary Environmental Law and Policy Review

No abstract provided.


Reframing Humans (Homo Sapiens) In International Biodiversity Law To Frame Protections For Climate Refugees, Jullee Kim 2018 College of William & Mary Law School

Reframing Humans (Homo Sapiens) In International Biodiversity Law To Frame Protections For Climate Refugees, Jullee Kim

William & Mary Environmental Law and Policy Review

Currently, application of international environmental law assumes that humans are separate from nature. Yet, the terminology commonly adopted for persons displaced as a result of climate change, “climate refugees,” represents the ultimate expression of the nexus where impacts from both natural and human systems coalesce. “Climate” represents the physical conditions appearing as a result of climate change and altering a person’s home to render it no longer habitable. While suitability of the term “refugees” in the climate change context is debated, it represents the political and societal conditions forcing the person to flee from their home, potentially across national ...


Acknowledgments, Howard S. Carrier 2018 James Madison University

Acknowledgments, Howard S. Carrier

International Journal on Responsibility

Serious work to bring the International Journal on Responsibility to life commenced during the summer of 2015. In the intervening period between conceptualization and publication, many organizations and individuals within James Madison University and the wider community have contributed enormously to bringing the journal to fruition.


Who Is Responsible For Ethical Legal Education, For What And To Whom? Case Of Kosovo, Sabiha Shala, Gjylbehare Muharti 2018 Haxhi Zeka University

Who Is Responsible For Ethical Legal Education, For What And To Whom? Case Of Kosovo, Sabiha Shala, Gjylbehare Muharti

International Journal on Responsibility

Legal education continues to be one of the most demanded areas of study from the younger generation in Kosovo. As result, the number of law graduates is quite high. On the other hand, the rule of law sector is quite fragile, judges and lawyers are perceived by parts of the society to be ethically dysfunctional. The trust in judicial institutions is quite low. The debate which is going on now is whose main responsibility for such a situation that is. Is the duty of the higher education institutions providing legal education, or is it a responsibility of educational institutions at ...


Resolving The Paradox Of Holding People Responsible, Hal Pepinsky 2018 Indiana University Bloomington

Resolving The Paradox Of Holding People Responsible, Hal Pepinsky

International Journal on Responsibility

Regardless of justification, it is commonplace throughout the U.S. criminal justice system as in everyday life to teach our offenders and children alike that wrong actions “have consequences,” namely, those authority figures promise to impose upon them. We do so in the name of holding people responsible for their actions, or in legal parlance in civil law, holding them accountable or liable. I noticed that in Norwegian, responsibility, accountability and liability translate into one word, ansvar, which I have translated from Germanic to Latin roots as “responsiveness.” In practice, the state of being responsive to others with whom one ...


Political Flip-Flopping, Political Responsibility, Current Governance, And The Disenfranchised, T.Y. Okosun 2018 Northeastern llinois University

Political Flip-Flopping, Political Responsibility, Current Governance, And The Disenfranchised, T.Y. Okosun

International Journal on Responsibility

No abstract provided.


What Does Responsibility Mean To Me?, Arun Gandhi 2018 M.K. Gandhi Institute for Nonviolence based at the University of Rochester

What Does Responsibility Mean To Me?, Arun Gandhi

International Journal on Responsibility

No abstract provided.


Who Is Responsible To Do What For Whom? A Letter From The Editor-In-Chief, Terry Beitzel 2018 James Madison University

Who Is Responsible To Do What For Whom? A Letter From The Editor-In-Chief, Terry Beitzel

International Journal on Responsibility

No abstract provided.


Concluding Remarks, Leo M. Romero 2018 University of New Mexico

Concluding Remarks, Leo M. Romero

Leo Romero

No abstract provided.


Procedures For Investigating And Prosecuting White Collar Crime, Leo M. Romero 2018 University of New Mexico

Procedures For Investigating And Prosecuting White Collar Crime, Leo M. Romero

Leo Romero

No abstract provided.


Morning Session, Golden Gate University School of Law 2018 Golden Gate University School of Law

Morning Session, Golden Gate University School Of Law

Fulbright Symposium

• Master of Ceremonies: Dr. Remigius Chibueze, Adjunct Professor of Law, Golden Gate University

• Opening Remarks: Dr. David Fike, President, Golden Gate University • Welcome Remarks: Anthony Niedwiecki, Dean, School of Law, Golden Gate University

• Introduction of Keynote Speaker Professor Kwame Mfodwo: Professor Dr. Christian Nwachukwu Okeke, Director, The Sompong Sucharitkul Center for Advanced International Legal Studies and Chair of the Symposium.


The Applicability Of Economic Sanctions To The Merits In International Arbitration Proceedings: With A Focus On The Dynamics Between Public International Law Principles, Private International Law Rules And International Arbitration Theories, Taejoon Ahn 2018 Pepperdine University

The Applicability Of Economic Sanctions To The Merits In International Arbitration Proceedings: With A Focus On The Dynamics Between Public International Law Principles, Private International Law Rules And International Arbitration Theories, Taejoon Ahn

Pepperdine Dispute Resolution Law Journal

No abstract provided.


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