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Re-Tooling Marine Food Supply Resilience In A Climate Change Era: Some Needed Reforms, Robin Kundis Craig 2015 Seattle University School of Law

Re-Tooling Marine Food Supply Resilience In A Climate Change Era: Some Needed Reforms, Robin Kundis Craig

Seattle University Law Review

Ocean fisheries and marine aquaculture are an important but often overlooked component of world food security. For example, of the seven billion (and counting) people on the planet, over one billion depend on fish as their primary source of protein, and fish is a primary source of protein (30 percent or more of protein consumed) in many countries around the world, including Japan, Greenland, Taiwan, Indonesia, several countries in Africa, and several South Pacific island nations. Marine fisheries and marine aquaculture have been subject to a number of stressors that can undermine world food security, including overfishing, habitat destruction, and ...


Scuttling Iuu Fishing And Rewarding Sustainable Fishing: Enhancing The Effectiveness Of The Port State Measures Agreement With Trade-Related Measures, Anastasia Telesetsky 2015 Seattle University School of Law

Scuttling Iuu Fishing And Rewarding Sustainable Fishing: Enhancing The Effectiveness Of The Port State Measures Agreement With Trade-Related Measures, Anastasia Telesetsky

Seattle University Law Review

Illegal, unreported, and unregulated fishing (IUU fishing) is a substantial threat to global food security and a recurring problem for global fishery managers already facing difficult baseline situations exacerbated by climate change, including warming oceans and increasing acidification. There is nothing historically new about IUU fishing; there have always been poachers who take advantage of operating in the shadows of legal commercial fishing. What is new is the extent to which marine poaching has industrialized. It is estimated that 19% of the worldwide value of marine catches are unlawful. The problem is not limited to developing states. For example, even ...


A Framework For A Formal Sovereign Debt Restructuring Mechanism: The Kiss Principle (Keep It Simple, Stupid) And Other Guiding Principles, Charles W. Mooney Jr. 2015 University of Pennsylvania Law School

A Framework For A Formal Sovereign Debt Restructuring Mechanism: The Kiss Principle (Keep It Simple, Stupid) And Other Guiding Principles, Charles W. Mooney Jr.

Faculty Scholarship

Given the ongoing work on a multilateral restructuring process for sovereign debt in the UN, consideration of the content and implementation of a sovereign debt restructuring mechanism (SDRM) is timely. The framework and content of the SDRM proposed here differs from earlier proposals in several important respects. For the classification and supermajority voting of claims in the approval a restructuring plan, it would mimic the structure and operation of the model collective action clauses (Model CACs) proposed by the International Capital Markets Association. Restructuring under a qualified sovereign debt restructuring law (QSDRL) would be guided by four principles: (i) observe ...


What Should Restatement (Fourth) Say About Treaty Interpretation?, Jean Galbraith 2015 University of Pennsylvania Law School

What Should Restatement (Fourth) Say About Treaty Interpretation?, Jean Galbraith

Faculty Scholarship

Restatement (Second) and Restatement (Third) of Foreign Relations Law took notably different approaches to treaty interpretation, reflecting intervening changes in the legal landscape. This symposium contribution identifies five developments in international and domestic law since Restatement (Third). It then considers their import for the forthcoming Restatement (Fourth). Most importantly, it argues that Restatement (Fourth) should fully incorporate two articles on treaty interpretation from the Vienna Convention on the Law of Treaties into its black-letter provisions. Since the time of Restatement (Third), these articles have become central to international practice on treaty interpretation, and the principles they set forth are broadly ...


Natural Disasters, Nuclear Disasters, And Global Governance, Eric Feldman, Chelsea Fish 2015 University of Pennsylvania Law School

Natural Disasters, Nuclear Disasters, And Global Governance, Eric Feldman, Chelsea Fish

Faculty Scholarship

This chapter uses the analytical framework of transnational legal ordering (TLO) developed by Halliday and Shaffer and applies it to the area of law and disasters. In contrast to the increasingly transnational legal nature of social ordering highlighted by Halliday and Shaffer, it argues that the emergence of transnational regulatory networks and cross-border principles or policies in the area of disaster management has been uneven and incomplete. Although there are many factors that help to explain why the law/disasters area has resisted the trend toward “transnationalization,” two stand out. One is the relative dearth of national laws and policies ...


Ersatz Normativity Or Public Law In Global Governance: The Hard Case Of International Prescriptions For National Infrastructure Regulation, Megan Donaldson, Benedict Kingsbury 2015 NYU School of Law

Ersatz Normativity Or Public Law In Global Governance: The Hard Case Of International Prescriptions For National Infrastructure Regulation, Megan Donaldson, Benedict Kingsbury

New York University Public Law and Legal Theory Working Papers

Taking global prescriptions for national infrastructure regulation as a case study, this Article examines the nature and implications of the mingling of law, governance, and economics that is increasingly prevalent in global regulatory governance. It focuses on three sets of formally non-binding but influential instruments issued in the 2000s by the World Bank, the OECD, and UNCITRAL, each of which promotes far-reaching reforms to existing public law and institutions. The Article excavates these instruments' unarticulated theories of the state and its roles, and their visions of the nature and preferred features of law. It explores the use by these instruments ...


The Accession Of Greece To The European Communities, Bernhard Schloh 2015 University of Georgia School of Law

The Accession Of Greece To The European Communities, Bernhard Schloh

Georgia Journal of International & Comparative Law

No abstract provided.


The Role Of The Andean Court In Consolidating Regional Integration Efforts, Edwin P. Lochridge 2015 University of Georgia School of Law

The Role Of The Andean Court In Consolidating Regional Integration Efforts, Edwin P. Lochridge

Georgia Journal of International & Comparative Law

No abstract provided.


Transportation, Cooperation And Harmonization: Gats As A Gateway To Integrating The Un Seaborne Cargo Regimes Into The Wto, Lijun Zhao 2015 Middlesex University (U.K.)

Transportation, Cooperation And Harmonization: Gats As A Gateway To Integrating The Un Seaborne Cargo Regimes Into The Wto, Lijun Zhao

Pace International Law Review

This paper seeks to analyze how the World Trade Organization (WTO) may cooperate with the United Nations (UN) to unify sea-borne cargo regimes. Beginning with the current dilemma of uni-form maritime transport regime, the paper explores the relation-ship between the UN and the WTO. In light of the successful precedent of the incorporation of the UN intellectual property re-gime into the WTO, this paper probes into the feasibility that the UN and the WTO may interactively unify a maritime transport regime by reference to selected previous treaties, which include UN-administrated treaties. This paper argues the WTO-based sea transport negotiations do ...


An International Right To Privacy? Be Careful What You Wish For, Stephen J. Schulhofer 2015 NYU School of Law

An International Right To Privacy? Be Careful What You Wish For, Stephen J. Schulhofer

New York University Public Law and Legal Theory Working Papers

Nations now have unprecedented capacity to spy on global communication, and yet they typically acknowledge no legal restrictions on their right to surveil non-citizens outside their borders. Moreover, incidental collection and inter-governmental cooperation give people little protection against surveillance by their own governments as well.

There is growing support for plugging these loopholes by a multilateral agreement that would establish internationally applicable safeguards. The present paper concludes that such an agreement, far from strengthening global privacy protection, would almost certainly weaken it. Even among Western democracies, the search for transnational common ground and the institutional priorities of the negotiators would ...


Deadlines As Behavior In Diplomacy And International Law, Jean Galbraith 2015 University of Pennsylvania Law School

Deadlines As Behavior In Diplomacy And International Law, Jean Galbraith

Faculty Scholarship

Like most other types of human activity, international legal practice relies heavily on deadlines. Yet deadlines have received very little attention in international legal scholarship. This is the case even though deadlines are heavily studied in other contexts, with research finding that people tend to set and respond to deadlines in ways consistent with bounded rather than perfect rationality. This book chapter takes up the topic of deadlines in international legal practice and makes four contributions. First, using the Chemical Weapons Convention as a case study, it explores various ways in which deadlines are used in international legal practice and ...


The Liability Of Foreign Governments Under United States Antitrust Laws, James F. Ponsoldt, Jesse Stone 2015 University of Georgia School of Law

The Liability Of Foreign Governments Under United States Antitrust Laws, James F. Ponsoldt, Jesse Stone

Georgia Journal of International & Comparative Law

No abstract provided.


Customs Valuation In The European Economic Community, William M. Snyder 2015 Ohio & Illinois Bars

Customs Valuation In The European Economic Community, William M. Snyder

Georgia Journal of International & Comparative Law

No abstract provided.


The European Economic Community: The Right Of Member State Withdrawal, John A. Hill 2015 University of Georgia School of Law

The European Economic Community: The Right Of Member State Withdrawal, John A. Hill

Georgia Journal of International & Comparative Law

No abstract provided.


Foreign Direct Investment In The United States: Disclosure Regulations, Diane E. McNamara 2015 University of Georgia School of Law

Foreign Direct Investment In The United States: Disclosure Regulations, Diane E. Mcnamara

Georgia Journal of International & Comparative Law

No abstract provided.


The Global Fight Against Foreign Bribery: Is Canada A Leader Or A Laggard?, Susana C. Mijares 2015 Western Law

The Global Fight Against Foreign Bribery: Is Canada A Leader Or A Laggard?, Susana C. Mijares

Western Journal of Legal Studies

This paper explores international responses to foreign bribery with a specific focus on Canada’s increased role in combating the issue. It outlines international anti-bribery measures and their impact on Canada’s approach to foreign bribery, with an overview of Canada’s anti-bribery legislation, the Corruption of Foreign Public Officials Act (CFPOA). These measures have met with international criticism, to which Canada has responded with legislative amendments. Four Canadian legal decisions since the CFPOA amendment exemplify Canada’s stricter enforcement of the Act. Transparency International (TI) issued a progress report that commented on Canada’s current and future role in ...


Impairment Of The Operation Of The Warsaw Convention By Recent Legislative And Judicial Action, Alan N. Sutin 2015 University of Georgia School of Law

Impairment Of The Operation Of The Warsaw Convention By Recent Legislative And Judicial Action, Alan N. Sutin

Georgia Journal of International & Comparative Law

No abstract provided.


Problems With The Application Of Norms Governing Interstate Armed Conflict To Non-International Armed Conflict, Waldemar A. Solf 2015 Washington College of Law

Problems With The Application Of Norms Governing Interstate Armed Conflict To Non-International Armed Conflict, Waldemar A. Solf

Georgia Journal of International & Comparative Law

No abstract provided.


The Responsibility To Protect: Emerging Norm Or Failed Doctrine?, Camila Pupparo 2015 Pepperdine University

The Responsibility To Protect: Emerging Norm Or Failed Doctrine?, Camila Pupparo

Global Tides

This paper seeks to investigate the current shift from the non-intervention norm towards the “Responsibility to Protect,” commonly abbreviated as “RtoP,” which actually mandates intervention in cases of humanitarian intervention disasters. I will look at the May 2011 application of the R2P doctrine to the humanitarian crisis in Libya and assess whether it was a success or a failure. Many critics of the “Responsibility to Protect” norm consider it to be yet another imperial tool used by the West to pursue national interests, so this paper analyzes this argument in detail, referring to case study examples, particularly in the Middle ...


Extraterritorial Jurisdiction - Antitrust - The Impact Of The British Protection Of Trading Interests Act On The United States Antitrust Suit Brought By Laker Airways Against British Airways And British Caledonian., Ward S. Bondurant 2015 University of Georgia School of Law

Extraterritorial Jurisdiction - Antitrust - The Impact Of The British Protection Of Trading Interests Act On The United States Antitrust Suit Brought By Laker Airways Against British Airways And British Caledonian., Ward S. Bondurant

Georgia Journal of International & Comparative Law

No abstract provided.


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