Digital Commons Network^™

Regional International Courts In Search Of Relevance: Adjudicating Politically Sensitive Disputes In Central America And The Caribbean, Salvatore Caserta

Duke Journal of Comparative & International Law

The Central American and the Caribbean Courts of Justice (CACJ and CCJ) are hybrid judicial institutions. While their Member States envisioned them as "EU-style" regional economic courts, they have explored the whole extension of their formally delegated functions and have developed peculiar expertise in matters relating to freedom of movement, human and fundamental rights, and other politically fraught issues. The article explains how two International Courts (ICs) seemingly established to build common markets have come to adjudicate high-stakes political disputes, which, ostensibly, have little to do with regional economic integration. The article posits that the scholarship on delegation to ICs …

Restructuring Venezuela's Debt Using Pari Passu, Khaled Fayyad, Dimitrios Lyratzakis

Duke Journal of Comparative & International Law

Given the depth of Venezuela's economic crisis, many fear that the government and the state-owned oil company Petroleos de Venezuela, S.A. ("PDVSA") are on the brink of insolvency. In this paper, we introduce a restructuring plan that would allow Venezuela to restructure its external debt in an orderly manner. We propose that Venezuela restructure both PDVSA debt and its own external debt via Exchange Offers. To maximize the number of participating bondholders and receive sufficient debt relief, we suggest that Venezuela primarily utilize the pari passu clauses included in the vast majority of PDVSA and Venezuelan bonds, which are modified …

Equity Extraterritoriality, S. Nathan Park

Duke Journal of Comparative & International Law

Territoriality is a foundational principle of international order, and U.S. laws have always operated on a territorial basis. However, when U.S. jurisprudence speaks of extraterritorial application of its laws, it is usually assessing whether the legislature or the court has jurisdiction over persons, properties and conducts outside of the territorial borders of the United States. This paper argues that such a conception of the extraterritoriality doctrine only reveals half of the picture, because U.S. courts may indirectly apply U.S. law beyond U.S. borders through extraterritorial court orders without relying on extraterritorial jurisdiction. I term such exercise of extraterritorial power "Equity …

Safeguarding The Future Of Bangladeshi Children: The Need For A Comprehensive National Educational System, Samantha A. Barach

Brooklyn Journal of International Law

The United Nations Convention on the Rights of the Child (CRC)—the human rights treaty ratified by the most States Parties—is binding international law which enumerates the rights guaranteed to all children worldwide. Despite the widespread ratification of the CRC, many countries lack the proper legislation and agencies to ensure that these rights are afforded to all children. One such country is Bangladesh. A relatively new country, Bangladesh gained its independence in 1971 and was one of the first twenty countries to ratify the CRC. Notwithstanding this eagerness to promote children’s rights, Bangladeshi children suffer from a high level of abuse …

Tax In The World Of Antitrust Enforcement: European Commission’S State Aid Investigations Into Eu Member States’ Tax Rulings, Nina Hrushko

Brooklyn Journal of International Law

In August 2016, after a two-year investigation, the European Commission issued a negative State aid ruling against Ireland, finding that the country had provided illegal tax benefits to Apple Inc. and requesting the government to collect €13 billion in retroactive taxes from the company. This decision sparked a heated debate around the globe about the European Commission’s authority to interfere into the individual EU Member States’ fiscal policies and order retroactive tax recoveries. This Note explores the application of EU State aid rules to tax laws and, in particular, EU Member States’ tax rulings, and discusses the European Commission’s investigations …

Slipping Through The Cracks: How Digital Music Streaming Cuts Corners On Artists’ Royalty Revenues Globally, Frances Lewis

Brooklyn Journal of International Law

At a time when the digital distribution of music is dominating the music industry, there are more music consumers than ever. This makes it vitally important for performing artists to receive the credit they are due. An inherent problem in music’s digital distribution market is that music streaming companies often fail to acquire proper licenses to expand their music libraries faster than their competitors. Performing artists who may not have the same income stream as their A-list counterparts often cannot bear the cost of litigation to pursue uncredited royalties. The U.S. class action model provides performing artists with a legal …

An Arctic Peril: The Pitfalls And Potential Of A Fragmentary Polar Law, Erik Vande Stouwe

Brooklyn Journal of International Law

As Arctic ice coverage recedes in the face of rising global temperatures, the Arctic Ocean is rapidly becoming a promising frontier over which coastal nations vie. Even as indigenous peoples reckon with ecological catastrophe, the promise of ice-free summers is drawing global shipping giants to invest in sea routes over the northern coasts of Canada and Russia. Hydrocarbon extraction and deep-sea mining interests are clamoring to develop newly accessible regions of the high north, and fishing trawlers are chasing increasingly elusive fisheries further north with the warming Arctic waters. Against this backdrop, tourists on diesel-hungry cruise ships are rushing to …

The Scrivener’S Secrets Seen Through The Spyglass: Gchq And The International Right To Journalistic Expression, Matthew B. Hurowitz

Brooklyn Journal of International Law

As part of the U.K.’s electronic surveillance program, the Government Communications Headquarters (GCHQ), started in 1909 to combat German Spies, now collects metadata from both foreigners and its own citizens. Through the express statutory authority of the Regulation of Investigatory Powers Act of 2000 (RIPA), and a loophole in section 94 of the Telecommunications Act of 1984, the GCHQ collects metadata, which is all of the information that is extrinsic to the actual contents of a communication. The GCHQ can request an authorization from a public authority—a member of its own staff—to collect traffic data, service use information, or subscriber …

Restructuring Intellectual Property Jurisdictions Post-Brexit: Strategic Considerations For The Eu And Britain, Alexandra George

Brooklyn Journal of International Law

Britain’s decision to “Brexit” from the European Union has caused great uncertainty and justified concern with respect to intellectual property laws and investments. Post-Brexit arrangements between the European Union and Britain have not yet been determined, and it is unclear whether these will be settled with respect to intellectual property law before Brexit is due to take effect in 2019. With intellectual property intensive industries accounting for 88 percent of EU imports and 90 percent of EU exports, British-EU intellectual property arrangements are the subject of intense interest worldwide as intellectual property owners and users speculate as to the likely …

The Violent Persecution Of The Iranian Bahá’Í: A Call To Take A Human Capabilities Approach To Defining Genocide, Camilia R. Brown

Brooklyn Journal of International Law

Iran is home to an estimated 300,000 members of the Bahá’í faith, a global religion that originated in Iran in the early nineteenth century. Since the faith’s inception, thousands of Bahá’ís have been killed, imprisoned, and tortured. Today, they are unable to attend colleges and universities, hold business licenses, bury their dead, or gather for worship. Since the Islamic Revolution in 1979, the current regime has worked to systemically impede the progress of the Bahá’í community. While hundreds of Bahá’ís have died at the hands of the current regime, the high threshold for bringing a case under the intent prong …

The “Right” Right To Environmental Protection: What We Can Discern From The American And Indian Constitutional Experience, Deepa Badrinarayana

Brooklyn Journal of International Law

Should there be a constitutional right to environmental protection? Arguments for and against are aplenty, but there is no consensus on this issue. Drawing on the experience within the U.S. and Indian Constitutions, this article posits that the right to environmental protection has normative and practical significance, because a constitutional right attaches to an individual and, hence, can protect an individual from environmental harms, whereas environmental laws, that focus primarily on reducing adverse environmental impact on a general population, may not. It further argues that, to be effective, three constitutionally-embedded rights that are central to preserving the right to environmental …

Indeterminacy In The Law Of War: The Need For An International Advisory Regime, Ariel Zemach

Brooklyn Journal of International Law

Indeterminacy in the law of war exacts a severe humanitarian toll, and it is not likely to be reduced by the conclusion of additional treaties. The present article argues that the adverse consequences of this indeterminacy may be mitigated through a U.N. Security Council (SC) action establishing an international advisory regime and using the broad powers of the SC to provide incentives for states to subscribe to this regime voluntarily. States subscribing to the advisory regime (“operating states”) would undertake to follow the interpretation of the law of war laid out by international legal advisors. The advisory regime would represent …

Board Of Regents Finalizes Consolidations: Georgia Southern University And Armstrong State University And Of Abraham Baldwin Agricultural College And Bainbridge State College, University System Of Georgia

Armstrong State & Georgia Southern Consolidation: University System of Georgia Consolidation News (Archived)

No abstract provided.

The Dynamics Of Plasma Membrane, Metabolism And Respiration (Pm-M-R) In Penicillium Ochrochloron Cbs 123824 In Response To Different Nutrient Limitations—A Multi-Level Approach To Study Organic Acid Excretion In Filamentous Fungi, P Vrabl, Cw Schinagl, Dj Artmann, A Krüger, Et Al

School of Biomedical Sciences

Filamentous fungi are important cell factories. In contrast, we do not understand well even basic physiological behavior in these organisms. This includes the widespread phenomenon of organic acid excretion. One strong hurdle to fully exploit the metabolic capacity of these organisms is the enormous, highly environment sensitive phenotypic plasticity. In this work we explored organic acid excretion in Penicillium ochrochloron from a new point of view by simultaneously investigating three essential metabolic levels: the plasma membrane H+-ATPase (PM); energy metabolism, in particular adenine and pyridine nucleotides (M); and respiration, in particular the alternative oxidase (R). This was done in strictly …

Making Progression And Award Decisions, Sa Burr, Vm Salih, T Gale, D Moles, T Vallance, D Bristow

Peninsula Medical School

No abstract provided.

Peran Jabhat Al-Nusra Dalam Memberikan Tantangan Terhadap Kebijakan Amerika Serikat Mendukung Kelompok Oposisi Pada Konflik Bersenjata Di Suriah, Muhammad Rizky Nur Kamrullah

Global: Jurnal Politik Internasional

The role of non-state actor in contemporary world politics is increasingly important. After 9/11, scholars of security study and security practitioners begin to concern about the non-state actors which usually called as terrorist group or terrorist organization. The use of violence by those actors makes them can be classified as Violent Non-state Actor (VNSA). It cannot be denied that VNSAs activity can affect the state security policy and provoke state to war against them. Therefore, this paper will examine Jabhat al-Nusra—as an actor with tied to Al-Qaeda—involvement in the Syrian armed conflict, as a phenomenon that illustrates the role and …

Evolusi Konsep Keamanan Energi, Arshie Ramadhani

Global: Jurnal Politik Internasional

Energy security concept is contextual and understood in different ways in different context. This paper examines the development of the literatures of energy security. Using chronological method of organization, this paper classifies the literatures into three different periods: 1970-1990, 2000-2010, and post-2010. From this classification, it is found that there is a proliferation of themes in the definition of energy security concept. The concept has expanded from what was initially limited to availability and affordable price, to include themes such as infrastructures, environment, social impacts, efficiency, governance and public policy. This raises a debate as to whether the energy security …

Assessing Country’S Reliance On Renewable Energy Through Energy Profile And Political Economy Aspects: A Cross Countries Study From 1990 To 2012, Santi Hapsari Paramitha, Nurman Hidayat

Global: Jurnal Politik Internasional

This study examines the relationship between country’s reliance on renewable energy, energy profile, and political economy aspects using dynamic panel data models for a global panel consisting of 43 countries. The time component of our dataset is 1990-2012 inclusive. To make the observation more specific, this study investigates the relationship of a number of sub-samples which are constructed based on the region where the countries belong. In this way, this study ends up with several region samples; namely Western, Asia, Middle East (ME), Africa, Commonwealth of Independent States (CIS), and Latin America. In the empirical part, this study performs a …

The Impact Of Democratization And International Exposure To Indonesian Counter-Terrorism, Ali Abdullah Wibisono

Global: Jurnal Politik Internasional

This article explains the influence of the United States of America to Indonesian counter-terrorism. Two aspects of counter-terrorism are explained: effectiveness and adherence to human rights values. It argues that America’s emphasis on the need to forge security cooperation in responding to terrorism facilitated human rights values to be adopted as justification of counter-terrorism, rather than a balancer to its effectiveness. Indonesia’s cooperation with the U.S in counter-terrorism has facilitated the growth of the restitutive or kinetic measures, but neglects a strengthening of political leadership over institutional development of counter-terrorism. The latter can be judged from the absence of policy-evaluation, …

Where To Publish & Author Rights At A Glance, Sarah A. Norris

Faculty Scholarship and Creative Works

Presented at the Fall 2017 Thesis & Dissertation Forum held at the John C. Hitt Library on Tuesday, December 12, 2017.

Abstract:

Learn to be a savvy author! This session will give you a general overview of criteria to use when considering submitting your work for publication and basic information about copyright as it pertains to publishing.

Unravelling The Correlation Of Electronic Structure And Carrier Dynamics In Cuins2 Nanoparticles, Wenhui Hu, John Ludwig, Brian Pattengale, Sizhuo Yang, Cunming Liu, Xiaobing Zuo, Xiaoyi Zhang, Jier Huang

Chemistry Faculty Research and Publications

In this work, we report the direct correlation of photoinduced carrier dynamics and electronic structure of CuInS₂ (CIS) nanoparticles (NPs) using the combination of multiple spectroscopic techniques including steady-state X-ray absorption spectroscopy (XAS), optical transient absorption (OTA), and X-ray transient (XTA) absorption spectroscopy. XAS results show that CIS NPs contain a large amount of surface Cu atoms with ≪four-coordination, which is more severe in CIS NPs with shorter nucleation times, indicating the presence of more Cu defect states in CIS NPs with smaller size particles. Using the combination of OTA and XTA spectroscopy, we show that electrons are trapped …

Infinity In Culture, Dessie Mcfarland

Honors Theses

No abstract provided.

The Problem With Christmas Carols For People Longing For The King, David J. Mulder

Faculty Work Comprehensive List

"The commercialization of Christmas is the heart of the problem. Rather than taking time to be truly watching for the coming King, we get caught up in the stuff we do to celebrate."

Posting about ­­­­­­­­missing Advent in the rush toward Christmas from In All Things - an online journal for critical reflection on faith, culture, art, and every ordinary-yet-graced square inch of God’s creation.

https://inallthings.org/the-problem-with-christmas-carols-for-people-longing-for-the-king/

Surveying The Scalability Of Open Access Monograph Initiatives: Final Report, Christopher Barnes,, Rebecca Welzenbach, Kathleen Folger

Copyright, Fair Use, Scholarly Communication, etc.

In June of 2016, the University of Michigan Library (MLibrary) and Knowledge Unlatched (KU) announced the start of a collaboration “to study and overcome remaining obstacles to the spread of open access scholarly publishing in the humanities and social sciences.”1 This survey grew out of that partnership and was designed to gather data useful for determining the scalability of library-supported open access (OA) initiatives focusing on monographs in the Humanities and Social Sciences such as Luminos, Open Book Publishers, and KU. The survey was designed and conducted by Christopher A. Barnes, Ph.D., while a graduate student in library and information …

Check And Understand Presentation, Heidi Imker

IASSIST & DCN - Data Curation Workshop

The Check and Understand steps to curating research data are explained in this presentation.

What Should We Make Of Standards?: Barbara Biber Lecture, Vito Perrone

Occasional Paper Series

In a lecture dedicated to Barbara Biber, Perrone offers a brief perspective on her work and then discusses the Standards movement at the time - 1999. This essay offers a criticism of the movement and how it is far removed from the individual learning experience. Standardization dominated educational discourse at the time and continues to do so now.

Vizcaínos: The Scourge Of The Empire And Uncomfortable Identities, Juan Gil-Osle

BOGA: Basque Studies Consortium Journal

What a Vizcaíno is in the literature of the 16^th and 17^th centuries has always been a puzzle due to the different uses given to the word. The connotation of the term Vizcaíno can go from an insult similar to “thief,” “traitor,” even “Portuguese,” to, in other cases, “stupid,” “gregarious,” or simply different. In other words, the Vizcaíno is a paradigmatic Other, which seems to have become an insider Other (nothing could be more enervating for some in Spain, or more nostalgic for others than the “insiderness” of this quintessential Other). And unfortunately, in this case, otherness has …

Face To Face: Painting Basque Identity In The Diaspora, Zoe Bray

BOGA: Basque Studies Consortium Journal

I draw on my experience of painting portraits to reflect on the Basque diaspora today. Whilst living in different countries, I have painted Basque individuals that I have met through Basque organizations, through common friends in the Basque Country, or through “non-Basque” people who introduce us presuming that as fellow Basques we have something in common. We are thus brought together through the networks that typically define a diaspora. At the same time, Basque identity in the diaspora, as I have come to understand - and paint - it, is a personal and contextual experience. In this article, I offer …

Subject — Not Only Object — Of Study: Basque Studies, Aitor Anduaga

BOGA: Basque Studies Consortium Journal

To establish a discipline implies a responsibility. Whose is it? As vascólogos (or experts in Basque studies) and vascófilos (or scholars of the Basque language), our first thought should be addressed to discern the Basque studies as an object of study or as a subject of study. This distinction is fundamental. The historical review of the condition of object and/or subject in these studies reveals a crucial feature that defines both us and the Basque studies: our renunciation of their status of subject. This paper suggests a double task to address this deficiency: instituting, not renouncing, Basque studies as a …

The Main Challenges To 21st-Century Business Administration: The Management Of People And Knowledge. The Ner Group Case, María Alvarez Sainz, Kepa Xabier Apellaniz

BOGA: Basque Studies Consortium Journal

This article presents and analyses the main challenges facing business organisations today: the management of people and knowledge, derived from the great transformations caused by the Third and Fourth Industrial Revolutions. A new management model, developed in the Basque Country, and the new style of relationships (ner, using its name form in Spanish – ‘nuevo estilo de relaciones’), shared by organisations of the ner Group, are presented and the main results of a study on their cultural features are demonstrated, as perceived by the people who work with this concept. Ner is based on people (the basic pillars of an …