Law Commons^™

The Limits Of Human Rights For Labour Rights: A Retrospective Look At The Case Of Chile (Forthcoming), César Rosado Marzán

César F. Rosado Marzán

No abstract provided.

A Hitchhiker's Guide To International Estate Planning: Estate Planning For United States Citizens With Assets Abroad And For Nonresidents With United States Assets, Samuel Donaldson

Samuel A. Donaldson

This article offers an overview of the common estate planning issues faced by practitioners when their clients are U.S. citizens with business and investment activates outside the U.S. or nonresidents with U.S. business or investment activities.

International Taxation: Corporate And Individual, Philip Postlewaite, Samuel Donaldson

Samuel A. Donaldson

No abstract provided.

Legal And Practical Consequences Of The Commercial Use Of Human Cells And Tissue, Sylvia Caley, L. Reinbacher, P. Strengers, B. Cohen

Sylvia B. Caley

With increasing frequency, human organs and tissues are being placed in the stream of commercial transactions to be treated as commodities. The transplant community, the media, and legislative bodies are following this commercial development with intense interest. The following three topics — the commercialization of biotechnology products, the media’s response to transplant activities, and the European Community’s (EC) development of policies and regulations concerning organ and tissue replacement therapy — highlight many of the ethical and legal concerns facing transplant medicine today. Preparation for the challenges of the future begins with honest appraisal and analysis of the evolution of ethical …

The International And Domestic Law Of Climate Change: A Binding International Agreement Without The Senate Or Congress?, David Wirth

David A. Wirth

The International Legal System: Cases And Materials (7th Ed., Foundation Press 2015), Mary O'Connell, Richard Scott, Naomi Roht-Arriaza, Daniel Bradlow

Mary Ellen O'Connell

The world of international law continues to grow and change at an accelerated pace. The International Legal System, 7th Edition captures the critical developments for law students as they prepare for the global legal marketplace.Important additions include expanded treatment of international environmental law in a new chapter; updates on international legal theory; expanded coverage of cyber law; new cases on jurisdiction ranging from the International Court of Justice’s Jurisdictional Immunity of the State to the U.S. Supreme Court’s Kiobel v. Shell; the latest results of international trade talks, and new cases at the intersection of armed conflict and human rights.Professor …

'The Way Of The World', International Economic Law And National Constitutions: Irish Constitutional Sovereignty And The Eurozone Crisis, Darren O'Donovan

Darren O'Donovan

The height of the Eurozone crisis was accompanied by the emergence of the aphorism: 'when solvency goes, sovereignty goes'. Within the Irish legal system, both commentators and judges have been forced to engage with the question of what a constitution can deliver, and to what extent understandings of constitutional sovereignty must evolve, when a nation is confronted with the realities of sovereign insolvency. While issues of sovereignty are often analysed through the prism of politics or economics, or through the design or evolution of the constitutional order of the European Union, this article focuses upon the place of the legal …

Between Normative Idealism And National Interest: The Structure And Process Of Oppression In Un Non/Intervention In African Civil Strife, Obiora Okafor

Obiora Chinedu Okafor

No abstract provided.

The Concept Of Legitimate Governance In The Contemporary International System, Obiora Okafor

Obiora Chinedu Okafor

No abstract provided.

Is There A Legitimacy Deficit In International Legal Scholarship And Practice?, Obiora Okafor

Obiora Chinedu Okafor

No abstract provided.

The Status And Effect Of The Right To Development In Contemporary International Law: Towards A South-North Entente, Obiora Okafor

Obiora Chinedu Okafor

No abstract provided.

After Matyrdom: International Law, Sub-State Groups, And The Construction Of Legitimate Statehood In Africa, Obiora Okafor

Obiora Chinedu Okafor

No abstract provided.

The Global Process Of Legitimation And The Legitimacy Of Global Governance, Obiora Okafor

Obiora Chinedu Okafor

No abstract provided.

Reforming International Investment Law: Justice And Good Governance, Frank Garcia

Frank J. Garcia

Nsa Surveillance: Challenging The Global Reach Of U.S. Tech., H. Brian Holland

H. Brian Holland

No abstract provided.

The International Legal System: Cases And Materials (7th Ed., Foundation Press 2015), Mary O'Connell, Richard Scott, Naomi Roht-Arriaza, Daniel Bradlow

Naomi Roht-Arriaza

The world of international law continues to grow and change at an accelerated pace. The International Legal System, 7th Edition captures the critical developments for law students as they prepare for the global legal marketplace.Important additions include expanded treatment of international environmental law in a new chapter; updates on international legal theory; expanded coverage of cyber law; new cases on jurisdiction ranging from the International Court of Justice’s Jurisdictional Immunity of the State to the U.S. Supreme Court’s Kiobel v. Shell; the latest results of international trade talks, and new cases at the intersection of armed conflict and human rights.Professor …

Turning Enemies Into Adversaries - T-Tip Negotiations And The Quest For A New Westphalia Momentum, Emanuela Matei, Horia Ciurtin

Emanuela A. Matei

Neither universalism, nor isolationism can be regarded as legitimate representations of a pluralist global society. Evidence can be brought that in economic terms the current paradigm engenders instability by enhancing inequality within and among diverse constituencies. The present-day factual reality denies the zero-sum game pattern and, together with that, the reliability of the Westphalian model. What type of legal processes should be used in order to ensure investor protection for the purpose of concluding free trade agreements between the EU and a sovereign of equal calibre? With this question in mind and against the factual reality of an enlarged EU …

The Diplomatic Disputes Between The Holy See And The Irish State 2009-2012: A Legal Analysis, Darren O'Donovan

Darren O'Donovan

The diplomatic dispute that erupted between Ireland and the Holy See concerning the reports of Commissions of Investigation into child abuse in the dioceses of Cloyne1 and Dublin2 provoked critical reflection on a traditionally privileged bilateral relationship. It should also be viewed as having made a highly significant contribution to broader debates concerning the Holy See’s status under international law. The Holy See’s uniquely opaque and sui generis status contributed to the unprecedented tension between it and the Irish State during the diplomatic controversies.

The Regulation Of Scarcity And Its Impact On International Regimes, Gabriel Eckstein, Lillian Aponte Miranda, Kristen Boon, Peter Appel

Gabriel Eckstein

No abstract provided.

Gregory C. Shaffer, Defending Interests: Public-Private Partnerships In Wto Litigation, 39 J. World Trade 387 (2005), Karen Cross

Karen Halverson Cross

No abstract provided.

King Cotton, Developing Countries And The "Peace Clause": The Wto's U.S. Cotton Subsidies Decision, 9 J. Int'l Econ. L. 149 (2006), Karen Cross

Karen Halverson Cross

No abstract provided.

Out Of Tune And Out Of Time: The Relationship Between Australia’S International Obligations And Australian Constitutionalism And Why It Matters To Our Identity In The Asian Century, Danielle Ireland-Piper

Danielle Ireland-Piper

The constitutionalism of a nation says much about its national identity. Sections 25 and 51(xxvi) of the Australian Constitution are at odds with Australia’s international obligations under the United Nations Declaration of Human Rights, and the International Covenant on Civil and Political Rights. Further, Australia’s current asylum seeker policy is a perversion of our obligations under the Convention relating to the Status of Refugees. These failures to comply with our international obligations are at best, relics of a racist colonial history, and at worst, manifestations of our contemporary national identity. Whilst some may argue that there are other states in …

Identifying And Characterizing Transboundary Aquifers Along The Mexico-Us Border: An Initial Assessment, Gabriel Eckstein, Rosario Sanchez

Gabriel Eckstein

No abstract provided.

Prosecutions Of Extraterritorial Criminal Conduct And The Abuse Of Rights Doctrine, Danielle Ireland-Piper

Danielle Ireland-Piper

Under international law, states can in certain circumstances institute domestic prosecutions over conduct occurring extraterritorially. Such exercises of extraterritorial jurisdiction sit at the crossroads of domestic and international law and can be highly controversial. This paper considers whether the abuse of rights doctrine is useful in regulating assertions of extraterritorial criminal jurisdiction. Part I introduces the principles of extraterritorial jurisdiction under international law. Part II provides examples of some of the problems that can arise in domestic prosecutions of extraterritorial criminal conduct, compromising the ability of an individual to enjoy a fair trial. Part III considers the effectiveness of the …

Basics Of Transfer Pricing For International Practitioners, William Byrnes

William H. Byrnes

No abstract provided.

Legal Processes Of Change: Article 2(4) And The Vienna Convention On The Law Of Treaties, 4 J. Conf. & Sec. L. 75 (1999), Stuart Ford

Stuart Ford

No abstract provided.

The Brics +: Fault Lines And Opportunities, Umair Ghori

Umair H. Ghori

Extract: Brazil, Russia, India, China and South Africa (collectively referred to as the BRICS countries) are some of the world's fastest emerging economies. They occupy a central position in their respective regions and often act as a trade and investment hub for other less-developed satellite countries. Lately, the BRICS countries have increasingly sought to enhance their politico-economic profiles and are now mulling over the idea of greater mutual cooperation. But the question remains what form would the cooperation take?

Notes From A New Underground: The Intersection Of Russian Orthodoxy, Religious Liberty, Lgbt Rights, And State Authority, John Ehrett

John Ehrett

Current laws in the Russian Federation impose sanctions against both speech deemed offensive to Russia’s traditional religious groups and speech considered “propaganda” of the lesbian, gay, bisexual, and transgender (LGBT) community. This Article offers a contemporary examination of the historical, cultural and political forces underlying these ongoing trends, and offers an interdisciplinary consideration of issues surrounding the intersection of liberty of religious expression with liberty of LGBT expression in Vladimir Putin’s Russia. This is historically contextualized through consideration of the political integration of church and state as a contributing factor toward limitations on these political freedoms. Ultimately, a vision of …

Descendants Of Realism?: Policy-Oriented International Lawyers As Guardians Of Democracy, Hengameh Saberi

Hengameh Saberi

No abstract provided.

The Global Legal Framework For Transboundary Water Governance, Gabriel Eckstein

Gabriel Eckstein

No abstract provided.