Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Asylum; Immigration; Immigration & Nationality Act; INA; Membership; Particular Social Group; Domestic Violence; Victims; Gangs; Canadian Asylum Law; Canada; Board Of Immigration Appeals; BIA; Matter Of W-G-R-; Matter Of M-E-V-; Three-Element Test (1)
- Environmental Reform; Africa; Europe; Plastic Reform; Environmental Protection Agency; Pollution; United Nations; Ocean Conference; #CleanSeas; Sustainable Development; Avaaz Petition; U.N. Environment; African Union; European Union; EU Directives; AU Directives; European Council; EU Directive 94/62/EC; Treaty on the Functioning of the European Union; EU Directive 85/229/EEC; EU Directive 2015/720; European Commission; Sanitation; AU Assembly; Economic Development; Organization of African Unity; International Organizations; Regional Policy; Africa-EU Joint Strategy and Action Plan; Africa-EU Summit; Customary International Law; (1)
- Foreign law; comparative law; gig economy (1)
- ISDS; international investment law; investor-state arbitration; arbitration; investor state dispute settlement; international arbitration; commercial arbitration; tribunals; FET; free trade; NAFTA; North American Free Trade Agreement; BIT; bilateral investment treaty; arbitrator; ICSID; Yukos; sovereignty; tribunals; CMS; quantum; DCF; Gold Reserve; Venezuela; UNCITRAL (1)
- India; Indian law; domestic law; Asia; aviation; foreign investment; FDI; regime; airline industry; foreign ownership; airlines; liberalization; reform; foreign ownership restrictions; Jet Airways; AirAsia India; Vistara; nationality; non-airline investors; NRIs; state-owned; incumbent airlines; lobbying; SOEC; ATLA; PPB; ASAs; community carrier; ownership; control; bilateral agreements; regulatory problems; policy; transport; transportation (1)
-
- International Covenant on Civil and Political Rights; ICCPR; freedom of expression; speech; discriminationl; hostility; violence; inciting speech; incitement; universal standard; First Amendment; ARTICLE 19; human rights; Article 20(2); Nazi; Charlottesville; UDHR; Universal Declaration of Human Rights; United Nations; ECHR; ECtHR; ILC (1)
- International investment law; ISDS; investor state dispute settlement; international arbitration; commercial arbitration; arbitration; ICSID; UNCITRAL; NAFTA; North American Free Trade Agreement; Trump; awards; quantum; litigation; DCF; Mobil; tribunal; Occidental; Gold Reserve; Venezuela; Tidewater; third-party funding; (1)
- Investor-State Dispute Settlement; ISDS; International Investment; Corporations; Investment; Foreign Investment; Investment Disputes of the World Bank; ICSID; United Nations Commission on International Trade Law; UNCITRAL; Arbitration; International Arbitration; Investment Treaties; Bilateral Investment Treaties; BITs; Expropriation; Minimum Standards; National Treatment; Trans-Pacific Partnership; TTP; Transatlantic Trade and Investment Partnership; TTIP; Convention on the Recognition and Enforcement of Foreign Arbitral Awards; Trade Agreements; Phillips Morris v. Uruguay; European Union; Investor Court System; 1958 New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards; ICSID Convention; Comprehensive Economic and Trade Agreement; CETA (1)
- Lethal autonomous weapons systems; LAWS; robot; robots; United States; ethics; force; legal accountability; IHL; international humanitarian law; Cold War; treaties; Ottawa Convention; Group of Governmental Experts; nuclear weapons; non-proliferation; war; technology (1)
- Nagorno-Karabakh; Armenia; Azerbaijan; occupation; corrupt; frozen conflict; Fourth Geneva Convention; Hague Regulations; international law; corrupt occupation; occupied territory (1)
- Nationalist; Europe (1)
- Northern Ireland; Northern Irish government; Gaelic; Irish Gaelic; Irish; Gaeilge; Good Friday Agreement; language; government; cultural identity; DUP; Sinn Féin; Irish Language Act; Unionist (1)
- Occupation; Palestinian Territories; Occupied Palestinian Territories; Palestine; Israel; Israeli occupation; West Bank; occupying power; control; international law; prolonged occupation; legal framework; economic development; security; public order; normative interpretive approach; termination; interpretative approach; good faith; temporality; self-determination; Eyal Benvenisti; IHL; international humanitarian law; Adam Roberts; Hague Regulations; Fourth Geneva Convention; Chinkin; ECtHR; ICJ; Ja'amait Ascan; High Court of Justice; Aeyal Gross; Ben-Naftali; Michaeli (1)
- Property; Property Claims; Cuba; Diplomacy; US-Cuba Relations; International Relations; National Treatment Nationalization; Expropriation; Foreign Investment; Raul Castro; Fidel Castro; Barack Obama; Ashby Proposal; Dispute Settlement; Remedy; Foreign Claims Settlement Commission; FCSC; Libertad Act; Helms-Burton Act; Creighton Report; Cuban Exile Community; United States Agency for International Development; USAID; Feinberg Proposal; Restitution; Trade Agreements; Policy; Valuation; Embargo; Bilateral Trade Agreements; Cuban Revolution (1)
- Sanctions; international sanctions regimes; public international law; targeted sanctions; United States; European Union; United Nations; Security Council; Iraq; human rights law; Loizidou; CEDAW Committee; international humanitarian law; international criminal law; ICJ; ILC; Draft Articles; (1)
- Search Engine; Right To Be Forgotten; Right To Deindex; Right Of Publicity; Right Of Privacy; Google Spain; Privacy; Google; Google Spain V. AEPD; Private Information; First Amendment; Free Speech; Court Of Justice Of The European Union; CJEU; Publicity; Search Results; European Union; Haelan Laboratories (1)
- Syria; Pinheiro Principles; United Nations High Commissioner for Refugees; UNHCR; Refugees; Displaced Persons; Internal Displacement; reconstruction; Public-Private Partnership; PPP; Housing; Land; and Property Rights; HLP; forced population transfers; reconciliation and evacuation; Bashar al-Assad; Useful Syria; Damascus; Aleppo; Executive Secretary of the United Nations Economic and Social Commission for Western Asia; ESCWA; National Agenda for the Future of Syria; Land Tenure System; Musha; Agrarian Reform Law; Land Reform; Ba'ath Party; Agricultural Reform Law; Real Estate Development and Investment Law; Law 33 of 2008; Law 1 of 2003; Restitution; Sudan Human Rights Org. & Ctr. on Hous. Rights & Evictions v. Sudan; African Commission on Human and Peoples' Rights; European Court of Human Rights; ECHR; European Convention on Human Rights; International Covenant on Civil and Political Rights; ICCPR; Human Rights Committee; HRC; Draft Articles on Responsibility of States for Internationally Wrongful Acts; International Court of Justice; ICJ; Permanent Court of International Justice; Kopecky v. Slovakia; Legislative Decree Law 5; Legislative Decree Law 107; Urban Development; National Partnership; Corruption (1)
- United Arab Emirates; UAE; Dubai; Abu Dhabi; Gulf; Universal Declaration of Human Rights; labor law; India; Pakistan; Bangladesh; migrants; low-wage; low-wage workers; Western expatriates; labor; ICFUAE; kafala; migrant workers; human rights; Domestic Workers Convention; WPS (1)
- Venezuela; Chavez; Maduro; Capabilities Approach; Amartya Sen; Senian approach; freedoms; human rights; IACHR; humanitarian; crisis; Nussbaum (1)
- White-collar crime; Compelled testimony; Cross-border; International white-collar investigation; Financial corporations; International; Multijurisdictional; United States v. Allen; Kastigar hearing; DOJ; Department of Justice; MLAT; Mutual Legal Assistance Treaty; Taint; Taint Teams; Parallel Investigations; Future Foreign Corrupt Practices Act; Fifth Amendment; Derivative Use Immunity; Financial Conduct Authority; FCA (1)
Articles 1 - 19 of 19
Full-Text Articles in Law
The Price Is Rights: Getting The United Arab Emirates Up To International Speed In The Labor Law Department, Janae C. Cummings
The Price Is Rights: Getting The United Arab Emirates Up To International Speed In The Labor Law Department, Janae C. Cummings
Brooklyn Journal of International Law
Despite a rapidly growing economy and a tremendous accumulation of wealth, the United Arab Emirates has facilitated many human rights abuses against migrant workers from impoverished countries throughout the world. The UAE’s system of recruitment, payment and living conditions put already vulnerable populations in considerably worse economic conditions by exploiting their labor and creating significant barriers to challenging the unjust employment system. After being sold on the idea that migrating to the UAE would bring a semblance of economic advancement, many migrants find themselves in inhumane working conditions and debt from having to pay excessive amounts of money to recruitment …
Armenia And Azerbaijan's Struggle With Occupation In Nagorno-Karabakh, Carolyn Morway
Armenia And Azerbaijan's Struggle With Occupation In Nagorno-Karabakh, Carolyn Morway
Brooklyn Journal of International Law
The corrupt occupation of Nagorno-Karabakh and its surrounding areas has resulted in displaced civilians, chaotic military violence, poor judicial law-making, and hostile international relations. Analyzing the international law of occupation’s purposes and its humanitarian requirements illustrates that there is a need for change. Set against the backdrop of Nagorno-Karabakh’s precarious situation, the international community should take this opportunity to reformulate the international law of occupation with sovereignty and humanitarian principles guiding the change. The effort could prevent another such “frozen conflict.”
The Inaugural Brooklyn Lecture On International Business Law: “Isds: The Wild, Wild West Of International Practice”, George Kahale Iii
The Inaugural Brooklyn Lecture On International Business Law: “Isds: The Wild, Wild West Of International Practice”, George Kahale Iii
Brooklyn Journal of International Law
The lecture was delivered on April 3, 2018 at Brooklyn Law School and was sponsored by the Dennis J. Block Center for the Study of International Business Law and the Brooklyn Journal of International Law.
Rethinking Isds, George Kahale Iii
Rethinking Isds, George Kahale Iii
Brooklyn Journal of International Law
The author is Chairman of Curtis, Mallet-Prevost, Colt & Mosle LLP and has acted as lead counsel for respondent states in many investor-state arbitrations, including several of the cases referred to herein. His article won the 2019 Burton Award for Distinguished Legal Writing.
Against Aviation Orthodoxy: India's Foreign Investment Regime For The Airline Industry, Jae Woon Lee, Umakanth Varottil
Against Aviation Orthodoxy: India's Foreign Investment Regime For The Airline Industry, Jae Woon Lee, Umakanth Varottil
Brooklyn Journal of International Law
The foreign investment regime governing the airline industry has been the subject matter of considerable debate. Our goal in this article is to supplement the literature by embarking on an analysis of the foreign investment regime in India and to cautiously suggest that India’s new regulatory reforms could be a harbinger for other states. A study of the foreign investment regime in the airline industry in India is both interesting and timely, for at least two reasons. First, India has nearly everything that bodes well for the growth of an aviation market, and it is one of the fastest growing …
Moving From Management To Termination: A Case Study Of Prolonged Occupation, David Hughes
Moving From Management To Termination: A Case Study Of Prolonged Occupation, David Hughes
Brooklyn Journal of International Law
In 2017, the Israeli occupation of the Palestinian territories reached a half-century in duration. This reignited a conversation amongst legal scholars. In articles and books, lawyers questioned the efficacy of occupation law. They asked whether it had become an anachronism. Across Israel and the Palestinian territories, those that directly invoke the law of occupation sought a more effective means of adapting the law to meet the exigencies of a fifty-year-old occupation. The accompanying debates recalled questions concerning the legal treatment of prolonged occupation. This article seeks to fundamentally alter the recurring discourse. Built around a detailed case study of Israel’s …
From Discretion To Law: Rights-Based Concerns And The Evolution Of International Sanctions, Christopher Roberts
From Discretion To Law: Rights-Based Concerns And The Evolution Of International Sanctions, Christopher Roberts
Brooklyn Journal of International Law
This Article considers the manner in which rights-based concerns have increasingly impacted upon the nature of international sanctions regimes. First, this Article considers two better-known instances of this impact—the manner in which general sanctions became more targeted, and the manner in which due process concerns came to receive greater respect in the context of targeting decisions. Following these investigations, this Article turns to explore a third, under-recognized development—the gradual evolution of a sense that sanctions may be required in certain instances. It explores this development by highlighting the growing scope of understandings of responsibility within various bodies of public international …
Chancing The Arm To Save The Face: The Fight For Irish Gaelic Recognition And Ending The Stormont Deadlock, Samantha F. Sigelakis-Minski
Chancing The Arm To Save The Face: The Fight For Irish Gaelic Recognition And Ending The Stormont Deadlock, Samantha F. Sigelakis-Minski
Brooklyn Journal of International Law
Since January 2017, the Northern Irish government has been shut down, with both the Executive and Assembly collapsed and the two major political coalitions deadlocked. Since then, civil servants with no major decision-making power have largely run the government. One of the deadlock’s major battlegrounds is whether there should be legislation in Northern Ireland mandating that Gaeilge, or Irish Gaelic, be treated as a language of equal status to that of English. This Note explores this issue and argues that the right to equal language protections is founded in the right to one’s cultural identity, and as such should be …
Pursuing A Universal Threshold For Regulating Incitement To Discrimination, Hostility Or Violence, Rebecca Meyer
Pursuing A Universal Threshold For Regulating Incitement To Discrimination, Hostility Or Violence, Rebecca Meyer
Brooklyn Journal of International Law
The International Covenant on Civil and Political Rights (ICCPR) recognizes that although the right to freedom of expression is essential, it is not absolute. The ICCPR prohibits speech that incites to discrimination, hostility, or violence. The provision prohibiting such speech is important to protect individuals and communities. Yet, not all countries are adequately enforcing its mandate. Such countries are letting inciting speech spread and, in some instances, violence has ensued. Conversely, some countries are taking enforcement too far, using the criminalization of inciting speech as a tool to silence political dissent. In light of the divergent interpretations—each problematic in its …
Analyzing The Potential For Universal Disarmament Of Autonomous Weapons Systems Or How I Learned To Stop Working And Love The Killer Robot, Frank Nicholas Kelly
Analyzing The Potential For Universal Disarmament Of Autonomous Weapons Systems Or How I Learned To Stop Working And Love The Killer Robot, Frank Nicholas Kelly
Brooklyn Journal of International Law
Lethal autonomous weapons systems (LAWS) have recently become the subject of debate among scholars, world leaders, nongovernmental organizations (NGOs), and the popular media. While the dangers of autonomous robotics have existed for decades in science fiction, technology has only recently made the implementation of robots capable of military combat a real possibility. With the advent of this technology, many government leaders, politicians, scientists, and business leaders are advancing the argument that just because autonomous weapons can exist does not mean they should. Some countries, however, have demonstrated a strong interest in the continued developing LAWS, making universal disarmament unlikely. This …
Venezuela: A Uniquely Senian Insight Into A Human Rights Crisis, Andrea I. Scheer
Venezuela: A Uniquely Senian Insight Into A Human Rights Crisis, Andrea I. Scheer
Brooklyn Journal of International Law
For over twenty decades, Venezuelan political leaders have blatantly disregarded their citizens’ human rights, leading to the downfall of Venezuela’s economy and democratic institutions, including severe food and medicine shortages, as well as staggering inflation rates. As a result, Venezuela provides a unique affirmation of the Capabilities Approach introduced by Professor Amartya Sen, which focuses not only on the freedoms that individuals possess, but also on what individuals are capable of doing as possessors of these freedoms. This Note seeks to use Sen’s Capabilities Approach to understand the nature and scope of Venezuela’s multidimensional crisis, arguing that a Senian approach …
The (Not-So) “Brave New World Of International Criminal Enforcement”: The Intricacies Of Multi-Jurisdictional White-Collar Investigations, Emily T. Carlson
The (Not-So) “Brave New World Of International Criminal Enforcement”: The Intricacies Of Multi-Jurisdictional White-Collar Investigations, Emily T. Carlson
Brooklyn Law Review
We have entered a new age of international white-collar crime and are seeing the growing interdependency of the Department of Justice (DOJ) and parallel foreign agencies to conduct investigations and subsequent prosecutorial proceedings. This coordination to combat these crimes, however, has revealed a troubling question—how can enforcement agencies work effectively together if they have fundamental differences in the legal authority governing testimony-gathering and what evidence is allowed before a grand jury? The Court of Appeals for the Second Circuit, in United States v. Allen, confronted this issue directly as it overturned two indictments arising out of suspected manipulation of a …
Assesing The Gig Economy In Comparative Perspective: How Platform Work Challenges The French And American Legal Orders, Jeremy Pilaar
Assesing The Gig Economy In Comparative Perspective: How Platform Work Challenges The French And American Legal Orders, Jeremy Pilaar
Journal of Law and Policy
Both the gig economy’s critics and supporters tend to assume that it represents an assault on current employment structures. Comparative theory, however, emphasizes that legal regimes are durable in the face of new challenges. Fortunately, the gig economy’s prevalence throughout the world gives scholars the chance to evaluate this tension. This paper analyzes whether platform work undermines existing legal systems by testing two comparative theories in the United States and France. The first predicts that French law should mobilize against platform firms to protect producers’ livelihoods and that American law should embrace these services for lowering consumer prices. The second …
Particular Social Groups: Vague Definitions And An Indeterminate Future For Asylum Seekers, Christopher C. Malwitz
Particular Social Groups: Vague Definitions And An Indeterminate Future For Asylum Seekers, Christopher C. Malwitz
Brooklyn Law Review
Victims fleeing their native countries to escape violence, discrimination, or persecution are provided a limited number of mechanisms under current immigration law to gain refuge in the United States. Under the controlling law, aliens entering the United States are eligible for asylum if they qualify under one of five protected grounds, including race, religion, nationality, membership in a particular social group, or political opinion. But the complete lack of statutory guidance surrounding what constitutes a “particular social group” is incredibly controversial and confusing. The immigration statutes provide no language defining this protected ground. Thus, the guiding framework and eligibility criteria …
Search Query: Can America Accept A Right To Be Forgotten As A Publicity Right?, James J. Lavelle
Search Query: Can America Accept A Right To Be Forgotten As A Publicity Right?, James J. Lavelle
Brooklyn Law Review
Search engines have profoundly changed the relationship between privacy and free speech by making personal information widely and cheaply available to a global audience. This has raised many concerns both over how online companies handle the information they collect and how regular citizens use online services to invade other people’s privacy. One way Europe has addressed this change is by providing European Union citizens with a right to petition search engines to deindex links from search results—a so-called “right to be forgotten.” If the information contained in a search result is “inadequate, irrelevant or no longer relevant,” the search engine …
Investor-State Dispute Settlement: Is There A Better Alternative?, Emily Osmanski
Investor-State Dispute Settlement: Is There A Better Alternative?, Emily Osmanski
Brooklyn Journal of International Law
As the world has transitioned from national; isolated economies with localized issues into a globalized and interconnected economy with cross-border disputes; the law has struggled to keep up. Recent trade negotiations have highlighted the difficulty states face in promoting trade; while also creating a fair; accessible; and equitable forum for producers and consumers with nationalities touching every area of the globe. For several decades; Investor-State Dispute Settlement (ISDS) has been in place to address claims brought by foreign investors against the host states. External improvements have helped support foreign direct investment and the ISDS model of dispute resolution; such as …
Charting A New Course In Cuba? Why The Time Is Now To Settle Outstanding American Property Claims, Marco Antonio Dueñas
Charting A New Course In Cuba? Why The Time Is Now To Settle Outstanding American Property Claims, Marco Antonio Dueñas
Brooklyn Journal of International Law
The recent warming of relations between the United States and Cuba offered generations of Cubans; Americans; and Cuban Americans renewed hope for normalized relations. One obstacle—satisfactory resolution of property claims—stands in the way; which dates back to the Cuban government’s nationalization of all U.S. assets on the island. The Cuban Liberty and Democratic Solidarity Act of 1996 (the “Helms-Burton Act”) predicates resolution of these decades-old property claims by the Cuban government as an essential condition for the full resumption of economic and diplomatic relations between the two neighbors. Separated by only ninety miles of Caribbean Sea; but more than a …
Environmental Reform In Africa: A Comparative Continental Union Solution Through Plastic Reform Legislation, Wynee Ngo
Brooklyn Journal of International Law
In the face of environmental turmoil; countries across the world are implementing measures to mitigate the deteriorating effects that common day practices have on the ecosystem. The European Union has implemented directives to govern plastic use on a continental scale. On the other hand; the African Union (AU) has been silent on plastic use; despite a string of African countries implementing stringent plastic reform legislation. This Note will examine the European Union and AU’s international frameworks and powers; while also detailing currently enacted EU directives and African state-level regulations. It will then conduct a comparative analysis of the AU and …
Syria Under Pinheiro: Reformulating Syrian Domestic Law For Decentralized Reconstruction, George Somi
Syria Under Pinheiro: Reformulating Syrian Domestic Law For Decentralized Reconstruction, George Somi
Brooklyn Journal of International Law
According to the United Nations High Commissioner for Refugees; since 2011; the Syrian conflict has generated roughly 5.4 million refugees; while approximately 6.5 million people are internally displaced within the country; making it the largest internally displaced population in the world. Rebuilding Syria’s infrastructure; homes; and businesses will be an immense task; with cost estimates ranging between $250–$350 billion USD. The Syrian government and the international community have already started to contemplate postwar reconstruction and even wartime reconstruction; despite the ongoing fighting. This Note operates under the assumption that the Syrian government of President Bashar al-Assad will; at a minimum; …