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24,338 full-text articles. Page 7 of 493.

Concluding Chapter: Theories Of Justice And International Trade Law, Frank J. Garcia 2018 Boston College Law School

Concluding Chapter: Theories Of Justice And International Trade Law, Frank J. Garcia

Boston College Law School Faculty Papers

Why does a textbook on trade law end with a chapter on justice? By justice I mean that branch of political theory (going back to Aristotle) that concerns itself with the allocative fairness of social institutions, i.e. how rights, resources, privileges and opportunities are divided among those participating in the social enterprise. Why, indeed, has the relationship between justice and international economic law become an increasingly urgent subject of academic and policy debate? First, it has been increasingly recognized that international economic law and its institutions are powerful engines of resource allocation, establishing patterns of distribution for market access ...


Preface, Frank J. Garcia 2018 Boston College Law School

Preface, Frank J. Garcia

Boston College Law School Faculty Papers

Preface to the textbook International Trade Law by Giovanni Di Lieto and David Treisman. The preface introduces the reader to the text's interest in the relationship of justice to trade and investment law.


Volume 1, Issue 2, 2018 James Madison University

Volume 1, Issue 2

International Journal on Responsibility

Contents:

3 – 5 Howard Zehr, Restorative Justice and the Gandhian Tradition.

6 – 26 Richard E. Rubenstein, Responsibility for Peacemaking in the Context of Structural Violence.

27 – 64 Marc Pufong, Terror, Insecurity, State Responsibility and Challenges: Yesterday and Today?

65 – 77 Ron Kraybill, Responsibility, Community and Conflict Resolution in an Age of Polarization.

78 – 96 John Fairfield, Beyond non-violence to courtship.

97 – 98 Call for papers for forthcoming issues of the International Journal on Responsibility and instructions for authors.


Polar Opposites: Assessing The State Of Environmental Law In The World's Polar Regions, Mark P. Nevitt, Robert V. Percival 2018 University of Pennsylvania Law School

Polar Opposites: Assessing The State Of Environmental Law In The World's Polar Regions, Mark P. Nevitt, Robert V. Percival

Boston College Law Review

Climate change is fundamentally transforming both the Arctic and Antarctic polar regions. Yet these regions differ dramatically in their governing legal regimes. For the past sixty years the Antarctic Treaty System, a traditional “hard law” international law treaty system, effectively de-militarized the Antarctic region and halted competing sovereignty claims. In contrast, the Arctic region lacks a unifying Arctic treaty and is governed by the newer “soft law” global environmental law model embodied in the Arctic Council’s collaborative work. Now climate change is challenging this model. It is transforming the geography of both polar regions, breaking away massive ice sheets ...


Abolishing Australia's Judicially Enacted Sui Generis Doctrine Of Extended Joint Enterprise, Victoria Bo Wang 2018 University of Surrey

Abolishing Australia's Judicially Enacted Sui Generis Doctrine Of Extended Joint Enterprise, Victoria Bo Wang

Concordia Law Review

This Article argues that the decision in Miller v The Queen [2016] HCA 30 is supported neither by common law precedent in Australia nor the historical English precedents that informed the development of Australia’s common law doctrines. It is submitted that the majority judgment misquoted old English authorities to try to equate foresight with intention and argues that the High Court of Australia engaged in judicial activism, because its decision rested predominantly on the policy views of the judges. Moreover, it is argued that the case highlighted the urgent need for law reform in Australia. The Article puts forward ...


The International Legal Implications Of Military Space Operations: Examining The Interplay Between International Humanitarian Law And The Outer Space Legal Regime, Dale Stephens 2018 University of Adelaide Law School

The International Legal Implications Of Military Space Operations: Examining The Interplay Between International Humanitarian Law And The Outer Space Legal Regime, Dale Stephens

International Law Studies

In the contemporary period, many military forces rely heavily on space-based assets to conduct operations across a wide spectrum of contexts. Such reliance necessarily exposes a correlative vulnerability that such assets may be degraded or destroyed, especially in a time of armed conflict. However, the legal framework that governs military action in space during a time of armed conflict is not well explored. This article examines the interaction between International Humanitarian Law (IHL) and the Outer Space legal regime. Harmonization of legal regimes is a goal of any reconciliation project, although such harmonization may not always be readily possible. In ...


Striking An International Balance Of Power: Does The United States Undermine The United Nations?, Alexia Dionne Seepersaud 2018 Fordham University

Striking An International Balance Of Power: Does The United States Undermine The United Nations?, Alexia Dionne Seepersaud

Senior Theses

The purpose of this paper is to analyze the effects of the United States' unilateral actions on the credibility of the United Nations. There is a focus particularly on the United Nations' ability to maintain international peace and security through multilateral decision-making when states decide to take action outside of the organizations' authorization. In order to analyze this stand, the United States' actions in Iraq and Syria are studied. In both 2003 and 2017, the country took forceful action outside of the United Nations in response to threats to international peace and security. Analysis of states' responses to the United ...


Us Turns Blind Eye To Global Unity, David A. Wirth 2018 Boston College Law School

Us Turns Blind Eye To Global Unity, David A. Wirth

David A. Wirth

No abstract provided.


The World Bank And The Environment, David A. Wirth 2018 Boston College Law School

The World Bank And The Environment, David A. Wirth

David A. Wirth

No abstract provided.


Some Reflections On Turtles, Tuna, Dolphin, And Shrimp, David A. Wirth 2018 Boston College Law School

Some Reflections On Turtles, Tuna, Dolphin, And Shrimp, David A. Wirth

David A. Wirth

No abstract provided.


Symposium Transcript: Pepperdine Drlj Symposium 2018, Jenna King 2018 Pepperdine University

Symposium Transcript: Pepperdine Drlj Symposium 2018, Jenna King

Pepperdine Dispute Resolution Law Journal

No abstract provided.


Investor-State Dispute Settlement Reconceptionalized: Regulation Of Disputes, Standards And Mediation, M. R. Dahlan, Wolf von Kumberg 2018 Pepperdine University

Investor-State Dispute Settlement Reconceptionalized: Regulation Of Disputes, Standards And Mediation, M. R. Dahlan, Wolf Von Kumberg

Pepperdine Dispute Resolution Law Journal

This paper argues that the current criticisms of Investor-State Dispute Settlement (ISDS) are ill-informed, and attempts at reforming the system are misguided. The definition of ISDS itself has been, for a long time, limited to investment quasi-judicial bodies or at best arbitration. Analysis of the roots of the ever growing backlash reveals that the main causes for concern are politically negotiated investment treaties, an inherently biased system, lack of transparency, and inconsistent decision-making. Examination of the core reasons behind these complaints leads to the conclusion that the EU Commission’s solution to reform ISDS through a permanent court raises more ...


The Cyprus Banking Haircut And Human Rights, The Way To Go?, Venetia Argyropoulou 2018 Pepperdine University

The Cyprus Banking Haircut And Human Rights, The Way To Go?, Venetia Argyropoulou

Pepperdine Dispute Resolution Law Journal

The Cyprus Banking Haircut of 2013 (Cyprus Haircut or Haircut) was unprecedented and had devastating implications for investors. However, more than four years after the Cyprus Haircut of 2013, account holders and shareholders in Cyprus’ two largest banks at the time—Bank of Cyprus and Cyprus Popular Bank—still do not have any available recourse for their losses. Indeed, despite account holders having resorted to national courts in the Republic of Cyprus, the Court of Justice of the European Union (CJEU) and international tribunals, such as the International Centre for Settlement of Investment Disputes (ICSID). Despite making human rights’ claims ...


Alternative Dispute Resolution In Africa: Is Adr The Bridge Between Traditional And Modern Dispute Resolution?, Catherine Price 2018 Pepperdine University

Alternative Dispute Resolution In Africa: Is Adr The Bridge Between Traditional And Modern Dispute Resolution?, Catherine Price

Pepperdine Dispute Resolution Law Journal

This article advocates for using Ghana’s introduction of ADR as a model for other African countries. Like Ghana, most African countries have adopted a form of ADR based on Western nations; however, as African culture and legal systems are quite different than Western culture, modifications are necessary. Ghana’s experience shows that modern ADR can be adopted into African countries, but an understanding of the traditional mechanisms is necessary. Part II of this article provides an introduction of ADR and its historical context in Africa. Part III examines customary and modern dispute resolution. It looks at the relationship between ...


Conceptualizing A Framework Of Institutionalized Appellate Arbitration In International Commercial Arbitration, Axay Satagopan 2018 Pepperdine University

Conceptualizing A Framework Of Institutionalized Appellate Arbitration In International Commercial Arbitration, Axay Satagopan

Pepperdine Dispute Resolution Law Journal

The absence of the option to prefer substantive appeals from arbitral adjudication is a conspicuous systemic peculiarity of the arbitral process. While this absence has for the most part been accepted without question or resistance as being an axiomatic entailment of the arbitral process, the last two decades have witnessed an increasing amount of criticism directed at it, both from scholarship as well as the business community. The criticism has been especially emphatic, in relation to international commercial arbitrations, a sizeable proportion of which pertain to complex and high stake disputes. Moreover, there has been a concurrent increase in the ...


The Paris Agreement: Its Role In International Law And American Jurisprudence, Kayla Clark 2018 University of Notre Dame Law School

The Paris Agreement: Its Role In International Law And American Jurisprudence, Kayla Clark

Notre Dame Journal of International & Comparative Law

The Paris Agreement is the most articulate and influential international legal agreement on climate change to date. However, despite record breaking levels of international participation, the future of the Agreement remains uncertain. United States President Donald Trump's decision to remain a part of the international community's efforts on climate change has the potential to affect the scope and scale of this acclaimed treaty. In this note, I discuss the development of the Paris agreement as compared to the Kyoto Protocol, and how its construction promises to facilitate successful implementation. Additionally, given the United States' prominent international role, I ...


The Need For A Supranational Organization In Foreign Investment, David M. Howard 2018 Notre Dame Law School

The Need For A Supranational Organization In Foreign Investment, David M. Howard

Notre Dame Journal of International & Comparative Law

While the World Trade Organization (“WTO”) does not regulate the field of foreign investment, the WTO has tried to negotiate multilateral rules on foreign investment in the past, and there are other current international agreements that contain investment provisions designed to regulate foreign investment. Even though the previous multilateral investment agreement negotiations did not come to fruition, some scholars still believe there are several practical reasons for the WTO to regulate investment. Most significantly, trade and investment are strongly linked in our globalizing world and both are complements one another, with an increase in one corresponding to an increase in ...


The Blessing Of Talent And The Curse Of Poverty: Rectifying Copyright Law's Implementation Of Authors' Material Interests In International Human Rights Law, Saleh Al-Sharieh 2018 University of Groningen

The Blessing Of Talent And The Curse Of Poverty: Rectifying Copyright Law's Implementation Of Authors' Material Interests In International Human Rights Law, Saleh Al-Sharieh

Notre Dame Journal of International & Comparative Law

The International Covenant on Economic, Social and Cultural Rights (ICESCR) grants authors the right to the protection of the material interests resulting from their intellectual works. The Committee on Economic, Social and Cultural Rights interpreted these interests to comprise the ability to achieve an adequate standard of living (as a minimum). This paper argues that copyright law provides a useful yet incomplete model for the protection of authors’ material interests. Copyright creates the legal environment necessary for establishing a market for intellectual works but does not guarantee its benefits to authors. Therefore, States Parties to the ICESCR should both tailor ...


Masthead Volume 8, 2018 Notre Dame Law School

Masthead Volume 8

Notre Dame Journal of International & Comparative Law

No abstract provided.


Increasing International Legal Protections For Freedom Of Expression, Alan Wehbé 2018 Notre Dame Law School

Increasing International Legal Protections For Freedom Of Expression, Alan Wehbé

Notre Dame Journal of International & Comparative Law

The international community seems to largely agree on the fundamental nature of the freedom of expression. Even countries that do not seem, in practice, to respect the freedom of expression still tend to ratify, sign, or be party to international instruments to that end. This duality tends to simplify the legal argument, but complicate the actual practice for promoting freedom of expression worldwide. For those who agree that the United States is a leader in international affairs, shift towards a more definitive State practice reinforcing the freedom of expression is an easy sell. For those who dispute whether the United ...


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