Digital Commons Network^™

Derogation In Time Of Emergency: An Analysis Of Counter-Terrorism Measures In France And Their Impact On Human Rights, Deena Mohammad El-Rashed

Florida Journal of International Law

No abstract provided.

Flight Of The Condors: The Impact Of Vulture Investors On Argentina's Sovereign Debt Default, Andrew Kelly

Florida Journal of International Law

This Article will examine the impact of international vulture investors, also referred to as "holdout" investors in certain contexts, on the restructuring of Argentinian sovereign debt in the wake of the countries 2001 default. With the gift of hindsight, this Article will discuss if measures could have been taken at the time of debt issuance in order to better cope with vulture investors should a default situation occur. This Article will then analyze the restructuring approach taken by Argentina, focusing on the failure of the Argentinian government to follow established best practices for a default situation. Finally, this Article will …

Arbitration And Choice Of Law In Sub-Saharan Africa, Peter N. Levenberg

Florida Journal of International Law

This Article examines the advantages and disadvantages of arbitrating African-based disputes in South Africa and choosing South African as the governing law. Part I contains a brief synopsis of the South African legal system and its judiciary and an overview of some of the comparative legal systems of selected sub-Saharan African countries. It also analyzes South Africa’s choice-of-law rules, its rules relating to the computation of damages, and its aversion to punitive damages. Part II analyzes the South African law of arbitration and the very limited circumstances in which South African Courts will interfere with the decisions of an arbitrator.

The Holy See's Diplomacy: An Analysis Of Papal Mediation In The Middle East, Amanda Mcfarlane

Florida Journal of International Law

This Article will begin with an introduction of the literature on international mediation to provide an overview of the characteristics unique to international disputes and to illustrate the attributes of the parties that make international mediation a distinct paradigm of dispute resolution. The second Part will then complicate the international mediation literature by introducing the international relations theory with respect to conflict resolution. The theory provides a predictive framework of different mediation approaches and sources of legitimacy for non-state actors. The second Part will also apply the theory with respect to the Holy See to illustrate its international legal personality …

Half Monk, Half Hitman: Applying Just War Theory To Private Military And Security Companies In The Context Of Humanitarian Intervention, Robert J. Peters

Florida Journal of International Law

In Part II, this Article will discuss potential benefits of private military companies. Part III will address and acknowledge criticisms of PMSCs. Part IV provides a brief legal context, and Part V will discuss the just war theory criteria relevant to PMSCs in the context of humanitarian intervention. This section will examine why PMSC humanitarian intervention may be permissible in certain circumstances. The PMSC Executive Outcomes will serve as a dual case study; on the one hand, it would have been authorized by just war theory to contract with the United Nations to intervene in Rwanda. However, Executive Outcomes also …

Human Rights, Gay Rights, Or Both? International Human Rights Law And Same-Sex Marriage, Jessica Brown

Florida Journal of International Law

In this Article, I examine the international legal basis for marriage equality as a human right.

After a brief introductory discussion of international human rights in theory and in U.S. foreign policy, I go on to discuss the background to the promotion positive LGBT rights, the significance of marriage as a legal and cultural institution, and key reasons LGBT persons seek the benefits of marriage. I go on to examine same-sex marriage within international legal frameworks—the International Convention on Civil and Political Rights (ICCPR) and emerging Customary International Law (CIL). Finally, I argue that the United States and other countries …

International Law: Defining The Alien Tort Statute, Neeta Romot

Florida Journal of International Law

No abstract provided.

The "Comfort Women" Reparation Movement: Between Universal Women's Human Right And Particular Anti-Colonial Nationalism, Ethan Hee-Seok Shin

Florida Journal of International Law

In this Article, I seek to place the “comfort women” reparation movement in East Asia’s broader colonial and post-colonial legal history. This Article will follow a largely chronological order with discussion of relevant legal points. Part II narrates the history of political and legal developments since the Imperial Japan period that set the stage for the “comfort women” reparation movement from the 1990s. In Part III, I will discuss the main legal issues concerning the Japanese reparation. Parts IV and V will explore and analyze the redress efforts at the U.N. human-rights bodies in the 1990s and the South Korean …

Foundations Of Specific Performance In Investor-State Dispute Settlements: Is It Possible And Desirable?, Farshad Rahimi Dizgovin

Florida Journal of International Law

The Article will mainly deal with the principle of pacta sunt servanda and doctrines of “change of remedy” and “accumulation of remedies” to support the theoretical foundations of specific performance and its inevitability and desirability in Investor-State Dispute Settlements (ISDS).

However, this Article does not submit that specific performance should be available in all circumstances. There are, of course, situations where granting specific performance is not possible, efficient, or desirable. For instance, “restitution will be materially impossible in situations such as where the subject-matter of the dispute has been destroyed, has irremediably deteriorated (for example when a confiscated ship has …

Revisiting The Notion Of Full Protection And Security Of Foreign Direct Investments In Post-Gadhafi Libya: Two Governments, Tribal Violence, Militias, And Plenty More, Nasser Alreshaid

Florida Journal of International Law

This Article touches on crucial element of the very survival of foreign investments in today’s Libya, precisely oil concessions, which is the full protection and security of these “investments.” With that being said, there have been other situations where the investors in investor-state relationships have engaged in activities within hostile environments. Nonetheless, the current situation in Libya poses somewhat different challenges.

Post-Gadhafi Libya has become fragmented and is ruled by multiple militias, despite the fact that it has been touted as a two-government state, as shall be explained later on. Widespread and intensified violence has also been the theme in …

International Law: Honoring The Letter And Sprit Of International Treaties, Andres R. Cordova

Florida Journal of International Law

No abstract provided.

Human Sex Trafficking: An International Problem With An International Solution Requiring National Implementation, Melanie Franco

Florida Journal of International Law

Part I begins with an introduction to human sex trafficking, defining the problem and shining light on some statistics. Part II identifies and analyzes the elements of sex trafficking. Part III examines the international and domestic legislation in place and the differences in how each treats the criminalization of victims. Part IV analyzes the methods to monitor national efforts against human trafficking. Part V proposes the solution of allowing international law to be implemented and enforced nationally in order to effectively fight human trafficking.

Looking Beyond R2p For An Answer To Inaction In The Security Council, Chelsea Koester

Florida Journal of International Law

This note identifies the veto power as the root of the ineffectiveness of the Security Council and examines ways in which this power is used to thwart international action both within and beyond the Security Council. It will then examine a fairly recent response to this inaction, the development of the Responsibility to Protect doctrine, which argues that states have a responsibility to take action in the face of international crises, and evaluate how well poised this doctrine is to respond to this problem.

Criminalizing Land-Grabbing: Arguing For Icc Involvement In The Cambodian Land Concession Crisis, Jessica Embree

Florida Journal of International Law

This Article will argue for International Criminal Court (ICC) involvement in investigating and prosecuting the parties responsible for the land-grabbing crisis in Cambodia. Part II will trace the historical roots and identify the driving forces of land-grabbing. Part III will examine the land ownership rights given by the Cambodian government to individuals and to indigenous communities within Cambodia, the legal framework and procedures surrounding Cambodian land concession deals, and methods of redress for Cambodian land right disputes. Part IV will discuss in part the ICC and how the land concession crisis in Cambodia qualifies as a crime against humanity, but …

Justiciability Of All Human Rights: Scottish Independence As Redress For British Human Rights Abuses, Ann M. Piccard

Florida Journal of International Law

On September 18, 2014, an overwhelming number of Scottish residents turned out to vote on one simple question: Should Scotland be an independent country? The deceptively simple yes or no question on the ballot could not begin to reflect the complex underlying issues. If the Independence Referendum had been approved—meaning a “yes” vote, the goal of Independence proponents and of the Scottish National Party (SNP)—every facet of life for the Nation and its citizens could have been affected. The presence of nuclear weapons; membership in the European Union; the very nature and name of the currency used in every transaction …

Universal Subordination To The Rule Of Law As A Precondition For The Conceptual Possibility Of International Law And The Case For Democratizing The United Nations, Jarvis J. Lagman

Florida Journal of International Law

This Article is intended to provide a policy framework for encouraging the harmonization of all political systems in the world to adopt the rule of law and democratic principles as the basis for the authority of government. Harmonization in this manner is imperative for two primary reasons: (1) universal subordination to the rule of law is a precondition for conceptual possibility of international law; and (2) the right to self-determination is a fundamental human right whose suppression is in direct violation of well-established international norms, specifically the Universal Declaration of Human Rights. Through the staging of transnational democratic elections in …

Trading In Human Rights: Questioning The Advance Of Human Rights Into The World Trade Organization, Sayed M. Zonaid

Florida Journal of International Law

The purpose of this Article is to demonstrate that while human rights considerations can play an important role in the World Trade Organization (WTO), such considerations cannot play an excessive role in WTO affairs. As a specialized international body devoted to trade, the WTO must accord its place of pride to trade. Unless the current framework of the WTO is modified, trade will and should be the focal point of the WTO’s energies. Indeed, for the sake of institutional integrity and continued stability, it is preferable for the WTO to retain its narrow focus.

Realism About Remedies And The Need For A Cda Takedown: A Comparative Analysis Of § 230 Of The Cda And The U.K. Defamation Act 2013, Amanda Bennis

Florida Journal of International Law

This Article provides a proposed method for instituting a federal takedown remedy for a state tort without subjecting ISPs to liability. This proposed solution effectively balances a successful mechanism for remedying harm caused by cyber misconduct with allowing free speech and the continuing growth of the Internet as a popular medium for communication.

Part II examines the unique aspects of the Internet, provides a brief background of traditional defamation law, and discusses the current obstacles to recovery victims of cyber defamation encounter under § 230. Part III reviews the background of the CDA, judicial interpretation of § 230, and the …

International Crimes And Case Demarcation: What Are We Trying To Prove?, Elinor Fry

Florida Journal of International Law

This Article seeks to ascertain the following: how specific should the charges in an international crimes case be, which circumstances play a role in answering this question, and what influences specificity, or the lack thereof? The focus is therefore on case demarcation in light of an investigation or case against an identified suspect or accused and centers on the indictment phase of criminal proceedings. It does not include investigation demarcation in the sense of prosecutorial discretion regarding determining who to investigate or indict. Case demarcation can only take form and be examined fruitfully once a suspect or accused has been …

Israel's Laws On Referendum: A Tale Of Unconstitutional Legal Structure, Mohammed Saif-Alden Wattad

Florida Journal of International Law

In this Article, I aim at discussing the question whether it was necessary to enact the Referendum Basic Law instead of, or in addition to, the Referendum Law in order for the Knesset to incorporate the referendum system as a binding mechanism in the Israeli law, or so preferable as argued by the Knesset and the Government before the High Court of Justice (HCJ). In addition, I purport to discuss the inadequacy of the referendum system to legal systems of constitutional democratic features, regardless of the question whether such a system was adopted by an ordinary legislation or enshrined in …

The World Bank, Capabilities, And Human Rights: A New Vision For Girls' Education Beyond 2015, Melissa Bellitto

Florida Journal of International Law

In this Article I propose a solution of how to achieve gender equality in education by 2030. I propose that the World Bank use its funding to enforce the human right to education found in the major human rights treaties. Part I of this Article looks at the justiciability of human rights and domestic law and how to fund compliance with law. Part II looks at human rights and capabilities, Part III looks at primary education, Part IV looks at secondary education, and Part V looks at cultural barriers to education.

Growing Numbers Of Chinese Blue Helmets: China's Changing Role Within The Security Council, Marissa A. Mastroianni

Florida Journal of International Law

No abstract provided.

Time For A Truth-Based Policy: Humanitarian Access To Children Living Without Family Care, Sara Dillon

Florida Journal of International Law

No abstract provided.

Legal And Institutional Remedies For Middle East States Wishing To Develop And Increase Foreign Direct Investment, Griffin Weaver

Florida Journal of International Law

This Article will argue that Middle East states have a proven, cost effective business model that they can imitate to dramatically increase FDI and protect their sovereignty. Specifically, the following arguments will be made:

One, Middle East states are ideally suited for implementing a foreign legal system within the boundaries of their respective states. Middle East history is ripe with examples of different legal systems being allowed to operate independently inside of the Islamic state. This success lies in the meaning of “contract” within Islamic Law and history.

Two, the creation of “free zones” is the first step in increasing …

Nuclear Chain Reaction: Why Economic Sanctions Are Not Worth The Public Costs, Nicholas Colby Watson Wolfe

Florida Journal of International Law

The purpose of this Article is to convince policymakers that the achievement of an interim nuclear agreement with Iran should not be seen as a mandate on the effectiveness of economic sanctions, and that further use of economic sanctions is not worth the public costs to targeted nations or the United States. First, this Article will explain the basic uses and legal provisions for economic sanctions. Second, this Article will detail the public costs that economic sanctions can inflict on the United States and on the nations it targets. Lastly, this Article will explain the interim nuclear agreement with Iran, …

Amphibians And Reptiles As Prey Of Heteroctenus Junceus (Scorpiones: Buthidae), With A Summary Of Vertebrate Predation By Scorpions In The West Indies, Tomás M. Rodríguez-Cabrera,, Ernesto Morell Savall, Rolando Teruel

Euscorpius

Vertebrate predation by scorpions has been scarcely documented in the literature. Contrary to large scorpions of the genera Centruroides, Hadrurus, Opistophthalmus, and Pandinurus from North America and Africa, which are capable of subduing even small rodents and bats, West Indian scorpions of the genera Centruroides, Heteroctenus, and Tityus seem to limit their prey to amphibians and reptiles. Herein we present new cases of a frog (Osteopilus septentrionalis; Hylidae) and three lizards (Anolis allisoni, A. ophiolepis, and A. sagrei; Dactyloidae) preyed upon by Heteroctenus junceus (Herbst, 1800), at the time we summarize all cases of vertebrate …

Industry Expo Program 2021, Allen E. Paulson College Of Engineering And Computing

Allen E. Paulson College of Engineering & Computing Industry Expo (2020-2021)

Program for the Industry Expo 2021

The Women Organizations And Activism In Combating Domestic Violence In The North Caucasus, Saida Sirazhudinova

Journal of International Women's Studies

There are a wide range of forms of domestic violence in the North Caucasus. Recent years have shown the scale of its spread and the complexity of the fight against domestic violence in the region. The spread of domestic violence in the region is facilitated by the residents themselves, traditional institutions, and religious structures that increase their influence. In addition, the authorities are not interested in solving the problems of domestic violence, and they hinder the work of human rights organizations and activists in every possible way. This article describes the features of the fight against domestic violence in the …

Surveying The Landscape Of Numbers In U.S. News, John Voiklis, Jay Barchas-Lichtenstein, Bennett Attaway, Uduak G. Thomas, Shivani Ishwar, Patti Parson, Laura Santhanam, Isabella Isaacs-Thomas

Numeracy

The news arguably serves to inform the quantitative reasoning (QR) of news audiences. Before one can contemplate how well the news serves this function, we first need to determine how much QR typical news stories require from readers. This paper assesses the amount of quantitative content present in a wide array of media sources, and the types of QR required for audiences to make sense of the information presented. We build a corpus of 230 US news reports across four topic areas (health, science, economy, and politics) in February 2020. After classifying reports for QR required at both the conceptual …

Revealing The Native Status Of Conyza Bonariensis: Specialization Of Insect Herbivores Associated With Conyza And Erigeron Spp. (Asteraceae) In Louisiana, Texas, And Mississippi, Carlos Wiggins

LSU Master's Theses

Flaxleaf fleabane [Conyza bonariensis (L.) Cronquist] (Asterales: Asteraceae) is an annual herb which grows up to 1.0 m in height and is native to South America. Due to introduction and subsequent development of herbicide resistance, C. bonariensis has become a major agricultural weed in Australia. The purpose of this study was to catalog herbivorous insects associated with local populations of C. bonariensis in Louisiana, Texas and Mississippi in order to establish comparisons with the Australian fauna and identify potential biological control agents. Leaves, roots, stems, and flowers of C. bonariensis were inspected for signs of insects and pathogens. Results …