Digital Commons Network^™

Student Comment: Exchange Cooperation For Visas: Flaws In U.S. Immigration System Criminalizes Trafficking Victims, Laurie Culkin

University of Baltimore Journal of International Law

This student comment explores the Palermo Protocol to the United Nation’s Convention Against Transnational Organized Crime, and the United State’s response, the Trafficking Victim’s Protection Act (TVPA). Under the TVPA, the U.S. made a temporary, nonimmigrant visa, the T-Visa, available to trafficking victims illegally located in the U.S., provided that the victim cooperates with law enforcement to prosecute their trafficker. Though at first blush the TVisa seems like a valuable resource to victims who would otherwise find no immigration relief for violations of criminal and immigration law as a result of their victimization, but in practice the flawed process to …

Cesare Beccaria, John Bessler And The Birth Of Modern Criminal Law, Alberto Cadoppi

University of Baltimore Journal of International Law

Professor Bessler’s The Birth of American Law offers a contribution to the research on Cesare Beccaria of extraordinary value for legal historians and for legal scholars in general. Not only is the book extremely fascinating, but it gives us an enormous mass of information about the “celebrated Marquis” and his influence on the developments of the law and the legal jurisprudence in Europe and outside Europe over the last 250 years. Here follows a brief summary of Professor Bessler’s book

The Conflation Of Ethnicity And Religion In Malaysia: A Reflection, Mahmood Chandia, Kartina A. Choong

Cardozo Journal of International and Comparative Law

According to the Malaysian Constitution, a "Malay" is one who, among other things, professes the religion of Islam. All Malays are, by legal definition, at least Muslims and they are not at liberty to leave Islam since a renunciation of the Islamic faith is tantamount to a renunciation of one's legally defined ethnic identity. This constitutional conflation of ethnicity and religion, which also serves the purpose of uniting the Malays and advancing their socio-economic interests, has been a distinct feature of the social landscape of the country since 1957, when it gained independence from British rule. This Article seeks to …

Autonomous Weapons And The Problem Of State Accountability, Daniel N. Hammond

Chicago Journal of International Law

Currently in development and expected to become functional in the near future, fully autonomous weapons will have the capacity to operate entirety on their own, selecting targets and completing missions without human involvement. The prospective development of these weapons has raised concerns among some scholars who fear that the weapons would be unable to meet international legal standards. One criticism consistently raised is that in the event one of these weapons commits a war crime or human rights violation, it is not clear who should be held accountable. In this context, critics have focused primarily on whether military officers, designers, …

The Eu Trademark Reform Package—(Too) Bold A Step Ahead Or Back To Status Quo?, Annette Kur

Marquette Intellectual Property Law Review

None

Uefa Financial Fairplay Regulations And European Union Antitrust Law Complications, Valerie Kaplan

Emory International Law Review

Financial struggles among European football clubs were far too common in the last decade. Mismanagement and overspending in the Rangers FC forced the club to go into administration and ultimately liquidate in 2012. The Rangers consistently spent more on players than the club's payroll could afford. The Union of European Football Associations observed the problem and approved Financial Fair Play Regulations (FFP) to fix these financial issues. FFP intends to introduce rationality and stabilize the financial environment of European club football. The structure of FFP makes the regulation illegal under the European Union's competition law. The predicted effect of FFP …

Wto Agricultural Trade And The Unfulfilled Promise Of Development, Destaw A. Yigzaw

South Carolina Journal of International Law and Business

The World Trade Organization (WTO) was established with an alluring promise of enhancing the living standards of people around the world, creating jobs and spurring development, while ensuring equitable distribution of the fruits of trade, with particular regard to the needs of the poor. However, critics see the WTO as a mercantilist system tailored to the commercial interests of wealthy nations and their corporations, with little or no attention to the interests of the poor. What happens to agriculture affects the poor disproportionately. If spurring economic development and thereby enhancing the living standards of people is indeed the WTO’s goal, …

Re-Conceptualizing The Notion Of "Employer": The Case Of Labor Dispatch Workers In China, Ka Ni Li

Brooklyn Journal of International Law

No abstract provided.

Legal Transplants V. Transnational Law: Lessons From The Israeli Adoption Of Public Factors In Forum Non Conveniens, Ido Baum

Brooklyn Journal of International Law

No abstract provided.

The Ready-Made Garment Industry: An Analysis Of Bangladesh's Labor Law Provisions After The Savar Tragedy, Tamanna Rubya

Brooklyn Journal of International Law

No abstract provided.

Secularism, Sharia, And The Turkish Financial Markets, J. Robert Brown Jr.

Brooklyn Journal of International Law

No abstract provided.

Consent Awards In International Arbitration: From Settlement To Enforcement, Yaraslau Kryvoi, Dmitry Davydenko

Brooklyn Journal of International Law

No abstract provided.

A Human Rights-Based Approach To The Global Regulation Of Humanitarian Relief: The Emerging Obligation To Incorporate Local Participation, Tom Kabau, Shahla Ali

Brooklyn Journal of International Law

No abstract provided.

Road To Nowhere: Hong Kong's Democratization And China's Obligations Under Public International Law, Alvin Y.H. Cheung

Brooklyn Journal of International Law

No abstract provided.

From Commitment To Compliance: Enforceability Of Remedial Orders Of African Human Rights Bodies, Roger-Claude Liwanga

Brooklyn Journal of International Law

Over the last seven decades, there has been a global proliferation of international and regional human rights tribunals. But with no coercive power to enforce their judgments, these international tribunals rely either on the good faith of the State parties or on the political process for the implementation of their remedial orders. This nonjudicial approach to enforcement has showed its limits, as most State parties are noncompliant with international judgments to the detriment of human rights victims. This article recommends a new approach involving the judicialization of the post-adjudicative stage of international proceedings as an avenue to increase the enforceability …

From China With Love: Espionage In The Age Of Foreign Investment, Mary Ellen Stanley

Brooklyn Journal of International Law

No abstract provided.

Unilateral Non-Colonial Secession And The Criteria For Statehood In International Law, Glen Anderson

Brooklyn Journal of International Law

The following article examines the interactions between the right of peoples to unilateral non-colonial (“UNC”) secession and the criteria for statehood in international law. In this respect a three-point thesis is developed. First, it is argued that the law of self-determination has resulted in a less strict application of the criteria for statehood based on effectiveness, particularly the effective government criterion. This means that a state created by UNC secession pursuant to the law of self-determination will not have its statehood called into question if lacks an effective government. Second, it is argued that the declaratory approach to recognition is …

Liberte, Egalite, Fraternite: The United Nations Declaration Of The Rights Of Indigenous Peoples Fails To Protect Hopi Katsinam From The Auction Block In France, Samantha K. Nikic

Brooklyn Journal of International Law

The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) compels member states to take action in order to protect the rights of the world’s 370 million indigenous peoples, including the right to their cultural property. Notwithstanding the UNDRIP’s robust set of protections, its status as a nonbinding piece of international law remains its ultimate and most fatal flaw. France was an enthusiastic supporter of the UNDRIP at ratification, but has effectively abandoned their position. French auction houses and courts have allowed for sales of Native American sacred property to proceed despite the objections of the Hopi Tribe. In …

The Right To No: The Crime Of Marital Rape, Women's Human Rights, And International Law, Melanie Randall, Vasanthi Venkatesh

Brooklyn Journal of International Law

More than half of the world’s countries do not explicitly criminalize sexual assault in marriage. While sexual assault in general is criminalized in these countries, sexual assault perpetrated by a spouse is entirely legal. The human rights violations inhere in acts of violence against women are now well recognized. Yet somehow marital rape is a particular form of gendered violence that has escaped both criminal law sanctions and human rights approbation in a great number of the world’s nations.

This silence in the law creates legal impunity for men who sexually assault or rape the women who are their wives …

2015 Scholarly Productivity Report, Missouri University Of Science And Technology

Civil, Architectural and Environmental Engineering Scholarly Productivity Reports

No abstract provided.

Urban Regeneration: Thirty Years Of Change On Plymouth’S Waterfront, Stephen Essex, Peter Ford

School of Geography, Earth and Environmental Sciences

Waterfront revitalisation has become one of the main areas of concentration and activity in urban regeneration as former port, military and resort sites seek new and appropriate uses. Various regeneration approaches have been implemented over the years, with most involving central-government funding, but with different levels of partnership with the private sector and/or the local community. This paper explores in detail the transformation of the waterfront in the English city of Plymouth from its former functions as a naval port and dockyard, with both military and commercial port activities, to its predominantly post-industrial focus on residential, leisure, tourism, and heritage …

Lost And Hound: The More-Than-Human Networks Of Rural Policing, Richard Yarwood

School of Geography, Earth and Environmental Sciences

No abstract provided.

Britons Abroad Or European Citizens? The Negotiation Of (Trans)National Space And Citizenship By British Migrants In France, Fiona Ferbrache, Richard Yarwood

School of Geography, Earth and Environmental Sciences

No abstract provided.

Biases In Thorpe-Scale Estimates Of Turbulence Dissipation. Part I: Assessments From Large-Scale Overturns In Oceanographic Data, Benjamin D. Mater, Subhas K. Venayagamoorthy, Louis St Laurent, James N. Moum

Civil, Architectural and Environmental Engineering Faculty Research & Creative Works

Oceanic density overturns are commonly used to parameterize the dissipation rate of turbulent kinetic energy. This method assumes a linear scaling between the Thorpe length scale LT and the Ozmidov length scale LO. Historic evidence supporting LTLO has been shown for relatively weak shear-driven turbulence of the thermocline; however, little support for the method exists in regions of turbulence driven by the convective collapse of topographically influenced overturns that are large by open-ocean standards. This study presents a direct comparison of LT and LO, using vertical profiles of temperature and microstructure shear collected in the Luzon Strait-a site characterized by …

Frog In The Milk Vat: International Law And The Future Of Israeli Settlements In The Occupied Palestinian Territories, Ariel Zemach

American University International Law Review

No abstract provided.

The Dilemma Of Private Justice Systems: Big Data Sources, The Cloud And Predictive Analytics, Anjanette H. Raymond

Northwestern Journal of International Law & Business

Abstract: In the age of big data, demanding customer expectations, and increasingly limited access to justice for small claims arising from online sales, business organizations are moving to enhanced online customer complaint platforms and insisting upon increased online justice resolution systems. At the same time, online businesses, even websites you fail to think of as a business, are moving from traditional analytics that provide a snapshot of the past, to solutions that provide an accurate picture of the present and a prediction of future trends. For many, predictive analytics is the wave of the future.

In many ways, the use …

Understanding The "Elephants In The Room": A Roadmap To Prepare For Business Negotiations In China And India, Wa Yang

Journal of International Business and Law

No abstract provided.

Training The Next Generation Of Anti-Corruption Enforcers: International Anti-Corruption Curriculum In U.S. Law Schools, Elena Helmer, Mikhail Reider-Gordon

Journal of International Business and Law

No abstract provided.

China's Healthcare Reform: How Patent Laws And Generic Drugs Can Benefit China's Public Health, Patrick Russo

Journal of International Business and Law

No abstract provided.

Of Trucks, Trains, & Ships: Relative Liability In Multimodal Shipping, Amir H. Khoury

Richmond Journal of Global Law & Business

No abstract provided.