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- Africa; World Trade Organization; plastic bag regulation; plastic bags; Technical Barriers to Trade Agreement; TBT Agreement; environmental protection; sustainable development; General Agreement on Tariffs and Trade; GATT; multilateral trade; environmental regulation; developing countries; Trade and Environment (1)
- Burma; Myanmar; Democratic Republic of Congo; Katanga region; international criminal law; human rights; business and human rights; human rights abuses; mining; corporate transactions; United Nations Guiding Principles of Business and Human Rights; forced labor; UN Commission on Human Rights; International Labor Organization; Dodd-Frank Act; Rome Statute of the International Criminal Court; International Criminal Court; Abolition of Forced Labor Convention; UN Guiding Principles; Organization for Economic Cooperation and Development; Declaration of Human Rights (1)
- China; medical negligence; litigation; selection bias; adversarial bias; judicial deference; courts; expert opinions; court appointed expert testimony; inquisitorial system; authentication; re-authentication; Supreme People's Court; documents of adjudication decisions; FA-MNA; MA-MNA; medical associations; forensic authentication agency; municipal; provincial; national; locality rule; common law; civil law; defendant; plaintiff; fault; causation; causal contribution; personal injury (1)
- Domestic violence; economic abuse; coerced debt; credit reporting; identity theft (1)
- Double Taxation; OECD; Tax Treaties; MLI; UNCITRAL; BIT; DTT; Taxation Rights; Mutual Agreement Procedure; IIA; ISDS; Investment Treaty Arbitration; BEPS; Base Erosion; International Tax Regime; ICSID (1)
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- International Covenant on Civil and Political Rights; International Covenant on Economic (1)
- Russia; Georgia; Energy Charter Treat; ECT; Baku-Supsa Pipeline; Europe; occupation; security; International Energy Charter; IEC; South Ossetia; economy; energy; Yukos; NATO; Vienna Convention on the Law of Treaties; VCLT; Five-Day War; European Union; United States (1)
- Social and Cultural Rights; (1)
- Social and Cultural Rights; DPP; KMT; Act on Promoting Transitional Justice; Judicial Yuan; soft power; soft independence (1)
- Sugar-sweetened beverage; SSB; SSB tax; soda tax; excise tax; sin tax; obesity; overweight; non-communicable diseases; health; education; accessibility; advertising; Mexico; Europe; France; Belgium; United Kingdom; United States; Berkeley; Philadelphia; New York; New York City (1)
- Taiwan; Republic of China; ROC; China; PRC; legal identity; identity; legal history; legal system; National Affairs Conference on Judicial Reform; Tsai; reform; transparency; ICCPR; International Covenant on Economic (1)
- World Economic Forum; Global Gender Gap; Labor Force Participation; wage equality; Economic Participation; Gender Parity; GDP; United States; New York State; United Kingdom; Family and Medical Leave Act of 1993; FMLA; Employer Levy; Disability Insurance; Employment Law; Paid Parental Leave; Paid Family Leave; Maternity Leave; Paternity Leave; Index; Model; Pregnancy; Remuneration; Duration; Treaties; ILO; United Nations; Conventions; GDP; Discrimination; Gender Identities; Statutory Maternity Pay; Economic; Benefits; State; Federalism; Women; Mothers; Parents; Fathers (1)
Articles 1 - 9 of 9
Full-Text Articles in Law
Of Sustainable Development In Africa: Addressing The (In)Congruence Of Plastic Bag Regulations With International Trade Rules, Regis Y, Simo
Of Sustainable Development In Africa: Addressing The (In)Congruence Of Plastic Bag Regulations With International Trade Rules, Regis Y, Simo
Brooklyn Journal of International Law
Several aspects of the trade policies of African countries suffer from neglect in the legal literature. When they are the object of research, the focus is sometimes limited to their participation in the dispute settlement system or on the enforceability of special and differential treatment provisions. While practice displays that African countries have almost never been the target of complaints for a number a reasons, those approaches do not always take into consideration African countries’ domestic measures affecting the flow of goods and services, which could eventually trigger disputes. This paper intends to fill that gap and add to the …
Global Implementation Of Soda Taxes: Is There A Better Solution For Combatting Obesity?, Lauren Cedeno
Global Implementation Of Soda Taxes: Is There A Better Solution For Combatting Obesity?, Lauren Cedeno
Brooklyn Journal of International Law
As incidences of overweight and obese populations continue to increase around the world, countries are looking for ways to decrease the prevalence of this epidemic. Soda and SSB taxes have increased in prevalence as countries seek to address the health problems associated with consumption of soda and other sugary beverages. This Note explores the implementation of these taxes in Mexico, Europe, and the United States. In analyzing these taxes, this Note seeks to gain a greater understanding of whether these taxes have impacted overweight and obesity rates in the countries and municipalities that have enacted them. This Note argues that …
Reducing The Governance Gap For Corporate Complicity In International Crimes, Seunghyun Nam
Reducing The Governance Gap For Corporate Complicity In International Crimes, Seunghyun Nam
Brooklyn Journal of International Law
With increasing reports of corporations involved in serious human rights abuses that amount to international crimes, there are greater calls for states to hold these corporations accountable. Still, many obstacles and challenges remain when it comes to holding corporations accountable. Complex corporate structures, the extraterritorial dimension of the abuses, competition among states and businesses, lack of institutional capacity on the part of states, and lack of legal coordination among states collectively create an impunity gap. The case studies of the situation in Burma and the Democratic Republic of Congo involving foreign companies aim to illustrate this governance gap. With growing …
The Oecd Multilateral Tax Instrument: A Model For Reforming The International Investment Regime?, Wolfgang Alschner
The Oecd Multilateral Tax Instrument: A Model For Reforming The International Investment Regime?, Wolfgang Alschner
Brooklyn Journal of International Law
The international tax and investment regimes display striking similarities. They are both based on thousands of bilateral treaties that follow similar principles but differ in fine print. They each facilitate the free flow of international capital by respectively disciplining fiscal and regulatory host state conduct. Finally, they share common historical foundations and have experienced similar periods of rapid diffusion and deep contestation. Yet, while the international tax regime recently accomplished a sweeping reform to solve a decades-old legitimacy crisis, the investment regime is still grappling with its own legitimacy crisis and reform. In 2018, the multilateral tax instrument (MLI) entered …
How Much Do Expert Opinions Matter? An Empirical Investigation Of Selection Bias, Adversarial Bias, And Judicial Deference In Chinese Medical, Chunyan Ding
Brooklyn Journal of International Law
This article investigates the nature of the operation and the role of expert opinions in Chinese medical negligence litigation, drawing on content analysis of 3,619 medical negligence cases and an in-depth survey of judges with experience of adjudicating medical negligence cases. It offers three major findings: first, that both parties to medical negligence disputes show significant selection bias of medical opinions, as do courts when selecting court-appointed experts; second, expert opinions in medical negligence litigation demonstrate substantial adversarial bias; third, courts display very strong judicial deference to expert opinions in determining medical negligence liability. This article fills the methodological gap …
Looking To The United Kingdom To Overhaul New York State’S Paid Family Leave Law And Close The Global Gender Gap, John Pietruszka
Looking To The United Kingdom To Overhaul New York State’S Paid Family Leave Law And Close The Global Gender Gap, John Pietruszka
Brooklyn Journal of International Law
The World Economic Forum estimates that mitigating gender-based disparities in the area of economic participation could lead to substantial economic benefits for the global economy. However, the international system of sovereign states requires this effort be piecemeal, as each state must set priorities to achieve greater gender parity within its own economic, political, and cultural contexts. The United States, by virtue of being the largest economy in the world by nominal GDP, undoubtedly has one of the largest roles to play in the effort to mitigate this global problem. Nonetheless, it lags behind other nation-states in several key areas that …
Forging Taiwan’S Legal Identity, Margaret K. Lewis
Forging Taiwan’S Legal Identity, Margaret K. Lewis
Brooklyn Journal of International Law
The legal system in Taiwan is undergoing a transformation. Over a hundred years since the founding of the Republic of China and over thirty years since the end of martial law on Taiwan, a new legal identity is being forged. Public criticism of “dinosaur” judges and esoteric debates among law-trained elites have galvanized efforts to create a more inclusive discussion surrounding legal reforms. Taiwan is facing the challenge of moving from dinosaurs to dynamism. This Article argues that transparency, clarity, and participation both are animating principles of the current reform debate and are beginning to emerge as characteristics of Taiwan’s …
The Plight Of Georgia: Russian Occupation And The Energy Charter Treaty, Jennessa M. Lever
The Plight Of Georgia: Russian Occupation And The Energy Charter Treaty, Jennessa M. Lever
Brooklyn Journal of International Law
After the Five-Day Russo-Georgian War, Russia usurped Georgian separatist territories, including a stretch of the Baku-Supsa Pipeline which provides gas to Europe. The continued occupation by Russia endangers Georgian sovereignty, natural resources, and economic security and puts Europe’s gas security at risk. The Energy Charter Treaty (ECT), through provisional application, provides a unique opportunity to assist Georgia’s battle for territorial integrity. This Note will examine the ECT’s ability to provide a pathway for Georgian economic and energy security by holding Russia accountable for violations of the ECT and removing Russia’s stronghold on the region.
Assuring Financial Stability For Survivors Of Domestic Violence: A Judicial Remedy For Coerced Debt In New York’S Family Courts, Megan E. Adams
Assuring Financial Stability For Survivors Of Domestic Violence: A Judicial Remedy For Coerced Debt In New York’S Family Courts, Megan E. Adams
Brooklyn Law Review
Domestic violence is a national crisis impacting more than one in three women and one in four men. Abuse is often experienced in nonviolent forms, including emotional, verbal and economic abuse. This note focuses on the harms of economic abuse and, specifically, coerced debt. As society’s understanding of the nuances of domestic violence deepens, many states, including New York, have recognized economic abuse as a unique harm and have empowered family courts to adjudicate such abuse. While promising, many states have yet to devise a suitable remedy for such harm. This critical gap leaves far too many survivors of abuse …