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Articles 1 - 30 of 157
Full-Text Articles in Entire DC Network
Unleashing The Beast: Confronting Animal Trafficking As Organized Crime In The Americas, Erick J. Wilson
Unleashing The Beast: Confronting Animal Trafficking As Organized Crime In The Americas, Erick J. Wilson
University of Miami Inter-American Law Review
Wildlife trafficking is a serious yet often overlooked issue across the Americas. This Note examines wildlife trafficking across the Americas, analyzing the legal frameworks and challenges facing countries like the United States, Guatemala, Argentina, Peru, Mexico, and Brazil. Three key obstacles emerge: the lack of recognition of trafficking as organized crime, limited resources for enforcement, and deficient penalties. Though the United States has laws like the Lacey Act to address importation of illegally traded wildlife, weak foreign laws constrain efficacy. Many Latin American nations do not categorize wildlife trafficking as organized crime, despite its intricate parallels with activities like drug …
Echoes Of The Zong Confronting Legal Realism In The Arguments For Reparations From The Atlantic Slave Trade And Modernday Human Trafficking, Glenys Spence
Faculty Scholarship
This Article is based on the premise that modern day human trafficking, like the transatlantic slave trade, violates jus cogens norms, and thus the practice was and still is a violation of US laws under customary international law. The analysis will examine the laws that were applied to chattel slavery in England and her colonies through the lens of some seminal slavery cases to unearth the tyranny of interpretation in human trafficking reparations and liability claims under the current Supreme Court jurisprudence and the Alien Tort Statute (“ATS”). The featured cases will reveal that the same philosophies undergirding the jurisprudence …
The Illegally Traded Elephant In The Room: Species Terrorism & Combating Illegal Wildlife Trade, Áine Dillon
The Illegally Traded Elephant In The Room: Species Terrorism & Combating Illegal Wildlife Trade, Áine Dillon
Pace International Law Review
The illegal wildlife trade has been a dilemma for decades
and remains prevalent globally – international intervention is
required now. While most countries participate in the Convention
on International Trade in Endangered Species of Wild
Fauna and Flora (“CITES”), not all countries have the same approaches
to combating the illegal wildlife trade. Unique approaches
can be beneficial because each illegally traded species
requires a different response, and countries with limited resources
can also participate. However, the lack of a unified response
hinders the global fight against the illegal wildlife trade.
While traditional methods to combat crime, such as passing
laws, …
The Influence Of The United States On Nuclear Laws, Michael Francomano
The Influence Of The United States On Nuclear Laws, Michael Francomano
Honors Scholar Theses
The United States government has influenced the laws surrounding the use of nuclear weapons from the moment of their first use against a civilian population in 1945. These efforts include countless measures taken to absolve the United States from responsibility for their actions. This is especially seen in the Marshall Islands where US government efforts to abjure legal responsibility to help those directly impacted by radioactive fallout resulting from weapons testing between 1945 and 1962 abound as do efforts to attend the natives that were completely displaced from their home islands destroyed in the name of nuclear testing. These actions …
The Right Of Hot Pursuit At Sea: Clarity In International Law And Difficulties In Its Application, Amer Fakhoury
The Right Of Hot Pursuit At Sea: Clarity In International Law And Difficulties In Its Application, Amer Fakhoury
UAEU Law Journal
This research examines the right of hot pursuit in the international Law of the Sea. In this research, I analyze critically the development of the right, its present status and position in the future. The doctrine of hot pursuit is placed within the framework of modern international law and examined in the light of recent developments. As stated in article 111 of the Law of the Sea, the hot pursuit of a foreign ship may be undertaken when the competent authorities of the coastal State have good reason to believe that the ship has violated the laws and regulations of …
Issues Surrounding The South China Sea Dispute, Motoyasu Nozawa
Issues Surrounding The South China Sea Dispute, Motoyasu Nozawa
Japanese Society and Culture
On 12 July 2016, the decision of the South China Sea Arbitration1 (The Republic of the Philippines against the People’s Republic of China) by a tribunal created under Annex Ⅻ to the United Nations Convention on the Law of the Sea was a near-complete victory for the Philippines. This arbitration concerned the role of historic rights and the source of maritime entitlements in the South China Sea, the status of certain maritime features and the maritime entitlements they are capable of generating, and the lawfulness of certain actions by China that were alleged by the Philippines to violate the Convention. …
Symposium Introduction: Teaching And Researching International Law – Global Perspectives, James Thuo Gathii, Olabisi D. Akinkugbe, Nthope Mapefane, Titilayo Adebola, Ohio Omiunu
Symposium Introduction: Teaching And Researching International Law – Global Perspectives, James Thuo Gathii, Olabisi D. Akinkugbe, Nthope Mapefane, Titilayo Adebola, Ohio Omiunu
Articles, Book Chapters, & Popular Press
Welcome to the Teaching and Researching International Law – Global Perspectives Symposium. This series of blog posts gathers perspectives from international law teachers, researchers and students from different regions and all stages of their careers and legal education, to reflect together on common challenges and imagined futures of our profession. This Symposium is held in a moment of great uncertainty – but also of possibility: the Critical Pedagogy Symposium recently held on Opinio Juris offered thought-provoking commentary from across the globe on critical international pedagogy and the virtual space, while the forthcoming TWAILR series on Critique and the Canon promises …
Fighting Back From The Brink: International Efforts To Prevent Illegal Trafficking In Endangered Species, Kara Consalo
Fighting Back From The Brink: International Efforts To Prevent Illegal Trafficking In Endangered Species, Kara Consalo
Journal Publications
This article advances the argument for sustainable harvesting as a broad supplement, even replacement, to the prevailing no-trade policies currently used in many countries and international organizations. It is the author’s premise that the no-trade conservation paradigm is failing to adequately prevent illegal trafficking and endangered wildlife populations are suffering catastrophic losses as a result. This article will explain the current state of prevailing no-trade regulations and efforts to stem the onslaught of illegal wildlife trafficking. The article will then explore two examples of successful sustainable farming and harvesting programs, the American alligator and the Peruvian vicuñas. After a comparison …
The Waters Of Antarctica: Do They Belong To Some States, No States, Or All States?, Linda A. Malone
The Waters Of Antarctica: Do They Belong To Some States, No States, Or All States?, Linda A. Malone
Linda A. Malone
Major issues and complexities arise when one is looking at the international puzzle that is Antarctica. Despite being uninhabited year round and lacking substantial long-term international law rules for sovereignty, states still try to claim their sovereignty over various parts of Antarctica. The consortium of states under the Antarctica Treaty System (“ATS”) then further aggravates these complexities, especially when other states outside of the ATS have been arguing for different regimes and approaches to dealing with Antarctica and resource exploitation. Due to these major issues and a desperate need for a resolution in times of global climate change, this Article …
Country/Region Reports -- United States Of America, Linda A. Malone
Country/Region Reports -- United States Of America, Linda A. Malone
Linda A. Malone
No abstract provided.
The Waters Of Antarctica: Do They Belong To Some States, No States, Or All States?, Linda A. Malone
The Waters Of Antarctica: Do They Belong To Some States, No States, Or All States?, Linda A. Malone
William & Mary Environmental Law and Policy Review
Major issues and complexities arise when one is looking at the international puzzle that is Antarctica. Despite being uninhabited year round and lacking substantial long-term international law rules for sovereignty, states still try to claim their sovereignty over various parts of Antarctica. The consortium of states under the Antarctica Treaty System (“ATS”) then further aggravates these complexities, especially when other states outside of the ATS have been arguing for different regimes and approaches to dealing with Antarctica and resource exploitation. Due to these major issues and a desperate need for a resolution in times of global climate change, this Article …
"Over-Hauling" The Law Governing Lobster Fishing, Tyler J. Lauzon
"Over-Hauling" The Law Governing Lobster Fishing, Tyler J. Lauzon
Ocean and Coastal Law Journal
Lobster fishing is one of Maine’s most famous and important industries. In order for the industry to thrive, it is necessary that the lobster stock continue to be bountiful. One way to achieve a bountiful stock of lobster is to place limits on the amount of lobster that can be fished in any given year. The legal world offers a number of ways to achieve this end. Some mechanisms that have been employed in various jurisdictions include minimum and maximum legal sizes, v-notching, and trap limits. Although these laws can be very effective in reducing the number of lobsters caught …
The World Beyond Seaworld: A Comparative Analysis Of International Law Protecting Cetacea In Captivity, Casey M. Weed
The World Beyond Seaworld: A Comparative Analysis Of International Law Protecting Cetacea In Captivity, Casey M. Weed
Ocean and Coastal Law Journal
Over the past few decades, the public has become more and more aware of the inhumane and incredibly harsh treatment of marine mammals being kept in captivity, specifically for entertainment purposes. Anger and outrage reached a heighted level after the CNN documentary, Blackfish, was released in 2013, as the film brought increased awareness to viewers across the country. However, the issue of marine mammals in captivity reaches far deeper than the SeaWorld controversy of recent years; in fact, the issue spans even beyond the United States. This article therefore analyzes the laws which allow for such captivity to take place, …
Increasing International Legal Protections For Freedom Of Expression, Alan Wehbé
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 …
Extraterritorial Human Trafficking Prosecutions: Eliminating Zones Of Impunity Within The Limits Of International Law And Due Process, Caroline A. Fish
Extraterritorial Human Trafficking Prosecutions: Eliminating Zones Of Impunity Within The Limits Of International Law And Due Process, Caroline A. Fish
St. John's Law Review
(Excerpt)
This Note argues that the Baston court was incorrect both in finding the Amendment consistent with the protective principle and in its analysis of the defendant’s nexus with the United States. This Note asserts, instead, that (1) the Amendment is not valid under any traditional bases of prescriptive jurisdiction but is consistent with the United States’ international obligations to “extradite or prosecute,” and (2) the Amendment may be applied under the international anti-trafficking conventions to foreign defendants present in the United States, regardless of nexus, without violating due process.
Part I of this Note describes the complex nature of …
Racial Purges, Robert Tsai
Racial Purges, Robert Tsai
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Rethinking East Mediterranean Security: Powers, Allies & International Law, Sami Dogru, Herbert Reginbogin
Rethinking East Mediterranean Security: Powers, Allies & International Law, Sami Dogru, Herbert Reginbogin
Touro Law Review
No abstract provided.
Infringement As Unfair Competition: A Blueprint For Global Governance?, Sean Pager, Eric Priest
Infringement As Unfair Competition: A Blueprint For Global Governance?, Sean Pager, Eric Priest
Sean Pager
INFRINGEMENT AS UNFAIR COMPETITION: A BLUEPRINT FOR GLOBAL GOVERNANCE?
Sean A. Pager Michigan State University College of Law
Eric Priest University of Oregon School of Law
ABSTRACT
This Article examines a new approach to address persistent regulatory failures in global supply chains. In a series of recent cases, unfair competition actions have been brought in U.S. court against foreign manufacturers who infringe software overseas under the theory that the cost savings from infringement confers an unfair advantage in U.S. markets. While this theory has been advanced in the intellectual property context, the same approach could work to target abuses in …
Filling The Gaps In Canada's Climate Change Strategy: "All Litigation, All The Time…"?, Cameron Jefferies
Filling The Gaps In Canada's Climate Change Strategy: "All Litigation, All The Time…"?, Cameron Jefferies
Fordham International Law Journal
This Article is organized into five parts. Part I situates Canada’s climate change experience. In Part II, Canada’s regulatory response to climate change and its gaps are positioned within a troubling ongoing federal retreat from the environmental arena that seems to favor resource extraction and export. Parts III to V discuss the possibility for increased human rights-based climate litigation in the Canadian context—even in light of past failures—and consider an emerging public law approach. The Article concludes by commenting on the prospect of the climate change problem playing out in Canadian courts.
The (Inter)Natioanl Strategy: An Ivory Trade Ban In The United States And China, Morgan V. Manley
The (Inter)Natioanl Strategy: An Ivory Trade Ban In The United States And China, Morgan V. Manley
Fordham International Law Journal
This Note argues that a near-complete ban in ivory trade not only raises difficult domestic legal issues, but also does little to stop elephant poaching in Africa. Further, enacting a similar ban in China is not only unrealistic, but also would increase the illegal trade and, therefore, the slaughter of elephants in Africa. Part I explains the history of illegal ivory trade and describes the current legal environments in the United States and China. Part II presents the domestic legal and policy implications of an ivory ban, and analyzes the potential difficulties with implementing a similar ban in China. Part …
Rethinking Intangible Cultural Heritage And Expressions Of Folklore: A Lesson From The Fcc’S Localism Standards, Jon M. Garon
Rethinking Intangible Cultural Heritage And Expressions Of Folklore: A Lesson From The Fcc’S Localism Standards, Jon M. Garon
Faculty Scholarship
This article reviews the underlying societal imperatives reflected in a policy of intangible cultural heritage and the intellectual property-like regimes being developed to protect these interests. It contrasts UNESCO efforts with more narrowly tailored efforts of WIPO and juxtaposes those approaches with the localism model developed under the FCC. While aspects of the WIPO protection efforts focusing on trademark-like and trade secret-like protections benefit the people and cultures these policies hope to serve, additional copyright-like protections will likely do more harm than good. Instead, global public policy will be far better served through emphasis on the FCC's localism attributes of …
Localism As A Production Imperative: An Alternative Framework To Promoting Intangible Cultural Heritage And Expressions Of Folklore, Jon M. Garon
Faculty Scholarship
In the United States, the policy of localism – the legislative goal of fostering local community expression and competence to deliver local content – finds its home in the Telecommunications Act rather than either the Copyright Act or Trademark Act. Other nations have introduced values of localism into trade policy, content distribution rules, and international efforts to protect intangible cultural heritage and expressions of folklore.
Jurisdictions in every continent are struggling to address the pressures of globalism through efforts to protect indigenous peoples’ and minority communities’ languages and culture. These efforts take many forms. Nations have introduced efforts to protect …
A Comparison Of The Jurisprudence Of The Ecj And The Efta Court On The Free Movement Of Goods In The Eea: Is There An Intolerable Separation Of Article 34 Of The Tfeu And Article Of 11 Of The Eea?, Jarrod Tudor
Jarrod Tudor
Article 11 of the European Economic Area (“EEA”) and Article 34 of the Treaty on the Functioning of the European Union (“TFEU”) prohibit quantitative restrictions on the free movement of goods. The EEA is monitored by the European Free Trade Area Court (“EFTA Court”) and the TFEU is monitored by the European Court of Justice (“ECJ”). In theory, the EFTA Court and the ECJ should interpret Article 11 and Article 34 in the same manner in order to promote harmonization of the law on the free movement of goods and allow for further economic integration between EFTA and the EU. …
Spirits In The Material World: A Post-Modern Approach To United States Trade Policy, James M. Cooper
Spirits In The Material World: A Post-Modern Approach To United States Trade Policy, James M. Cooper
James M. Cooper
No abstract provided.
International Tax Cooperation, Taxpayers’ Rights And Bank Secrecy: Brazilian Difficulties To Fit Global Standards, Carlos Otávio Ferreira De Almeida
International Tax Cooperation, Taxpayers’ Rights And Bank Secrecy: Brazilian Difficulties To Fit Global Standards, Carlos Otávio Ferreira De Almeida
Carlos Otávio Ferreira de Almeida
This paper analyses the conflict between two constitutionally protected rights: privacy and transparency. The latter has been invoked increasingly often by international organizations committed to tackling harmful tax practices, and the former has been recognized as a crucial human right. In an interconnected world, domestic laws are not capable of countering cross-border tax evasion strategies, so that transparency has become one of the most important topics in international tax cooperation, but it is doubtful whether tax authorities can access banking data in order to obtain information to exchange. The judicial reserve clause upheld by the Brazilian Supreme Court represents a …
Transnational Area-Based Ocean Management: Finding Avenues For Regulatory Harmonization, Xiao Recio-Blanco
Transnational Area-Based Ocean Management: Finding Avenues For Regulatory Harmonization, Xiao Recio-Blanco
Xiao Recio-Blanco
In the last few decades, governments have regulated human activities at sea and their environmental impact through piecemeal, use-by-use prescriptive regulation. These domestic laws have been unable to solve basic problems such as overfishing or marine habitat loss.
Some ocean management experts have argued that managing areas of the sea in order to maximize one or a set of objectives might be more effective than the non-spatial approach. Implementing a comprehensive system of area-based management requires planning and zoning. The process of marine spatial planning (MSP) involves assessing ocean resources as well as current and future uses; identifying compatible and …
The Contribution Of The International Tribunal For The Law Of The Sea To The Development Of The Current International Law Of The Sea, With Special Reference To The Polar Regions, Gabriela A. Oanta Associate Professor Of Public International Law
The Contribution Of The International Tribunal For The Law Of The Sea To The Development Of The Current International Law Of The Sea, With Special Reference To The Polar Regions, Gabriela A. Oanta Associate Professor Of Public International Law
Gabriela A. Oanta Associate professor of public international law
This article analyzes the contribution of the International Tribunal for the Law of the Sea (ITLOS) to the development of the international law of the sea. On the hand, the mechanism of dispute settlement provided by UNCLOS and other international agreements adopted in the last thirty years approximately over the oceans and seas will be studied. And on the other hand, this article presents an analysis of the past, present and future activity of the International Tribunal for the Law of the Sea with regard to the two polar regions, the Arctic and the Antarctica. Antarctica lato sensu has received …
The Cost Of Doing Business In Asia: A Comparative Legal Study Of Environmental Regulations In The Emerging Markets Of Thailand, Malaysia, And Indonesia, Brooke R. Padgett
The Cost Of Doing Business In Asia: A Comparative Legal Study Of Environmental Regulations In The Emerging Markets Of Thailand, Malaysia, And Indonesia, Brooke R. Padgett
Brooke R. Padgett
Abstract: This article explores whether voluntary standards, customary law, or more binding bilateral investment treaties are best for corporations, the emerging markets of Thailand, Indonesia, and Malaysia, and the environment itself. While corporations, markets, and the environment facially seem to have divergent priorities, environmental disasters are more costly after the fact than they are to prevent so in reality their priorities may not be so different after all. Some of the potential issues the paper will examine and address are big picture macro level such as fairness to future generations, intergenerational rights; the actual cost through questions of polluter pays, …
People's Grand Jury Panels And The State's Inquisitorial Institutions: Prosecution Review Commissions In Japan And People's Supervisors In China, Hiroshi Fukurai, Zhuoyu Wang
People's Grand Jury Panels And The State's Inquisitorial Institutions: Prosecution Review Commissions In Japan And People's Supervisors In China, Hiroshi Fukurai, Zhuoyu Wang
Fordham International Law Journal
No abstract provided.
The International Criminal Court And Lubanga: The Feminist Critique And Jus Cogens, Eric Allen Engle
The International Criminal Court And Lubanga: The Feminist Critique And Jus Cogens, Eric Allen Engle
Bocconi Legal Papers
The Lubanga decision, despite procedural missteps, further anchors the prohibition of child soldiers and child auxiliaries under international law. Feminist criticisms of Lubanga misapprehend the potential of Lubanga to attain the types of legal victories feminists strive for. While one can criticize Lubanga as a matter of procedure, Lubanga methodically strengthens the prohibition of child soldiery. The prohibition of child soldiers, like the prohibition of wartime rape, forced prostitution, and child sex-tourism are or are becoming jus cogens norms. Lubanga contributes to this coherence of jus cogens and sets the stage for extension of its logic into other wrongs committed …