Law Commons^™

La Transparencia En La Protección De Datos Personales, Bruno L. Costantini García

Bruno L. Costantini García

La Transparencia en la Protección de Datos Personales, ponencia elaborada dentro de los trabajos del VII Congreso Nacional de Organismos Públicos Autónomos (OPAM)

Contrarreforma De Competencia, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

Ensuring Fair Trial In Cases Of Children In Conflict With The Laws: The Tanzanian Paradox’, Lucky Mgimba

Lucky Michael Mgimba

The Issue of managing or dealing with children coming into conflict with the law has historically haunted nations and Tanzania is no exception. Although there have already been important headways, much remains to be done in ensuring a child friendly justice system in Tanzania. This work comes in place to analyze the legal and institutional framework under the International, regional and national (Tanzanian) levels; with a view of determining as to how much consistent are they with the accepted legal standards. It however ends by recommending a Child friendly justice system which aims at restorative justice.

Expropiaciones, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

Jus Post Bellum In Iraq: The Development Of Emerging Norms For Economic Reform In Post Conflict Countries, Christina C. Benson Jd, Mba

Christina C Benson JD, MBA

Finally emerging from decades of conflict and isolation, Iraq has endured three devastating wars, the demise of the Saddam Hussein regime, the end of international economic sanctions, and the protracted process of approving a constitution and forming a new democratically elected government. The nation’s emergence from war, and efforts to build the foundations of stable governance and economic growth, provides a fascinating case study for analyzing new international norms promoting the “rule of law” in post-conflict countries. This paper directly addresses arguments that early legal and economic reforms implemented by the Coalition Provisional Authority (CPA) and the Iraqi Interim Government …

Ratings Contre Etats, Gregory Lewkowicz

Gregory Lewkowicz

Interview of Gregory Lewkowicz on credit rating agencies by I. de Laminne for the newspaper "La Libre Belgique"

Judicial Review Of Administrative Action/ Decision As The Primary Vehicle For Constitutionalism: Law And Procedures In Tanzania, Daudi Mwita Nyamaka Mr.

Daudi Mwita Nyamaka Mr.

This paper examines the discretionary powers of the High Court of Tanzania to review decisions and actions of other public bodies as a means to uphold the spirit of the Constitution on checks and balances between the three organs of the state. The writer examines the procedures for judicial review, the legal and procedural requirements and the remedies available under the laws of Tanzania, however, the writer further examines experiences from other countries particularly from case laws.

Has The Time Arrived For Permanent Investment Tribunals?, Omar E. Garcia-Bolivar

Omar E Garcia-Bolivar

This article is about investment dispute resolution under permanent investment tribunals. It contains critiques to investment arbitration. It also contains suggestions for possible functioning of permanent investment tribunals.

Proposals For The Development Of Caribbean Integration Law, Direct Effect And The Creation Of A Mediation Avenue Using Article 214 Rtc., Jonathan M. Bhagan

Jonathan m Bhagan

The speaking notes of a presentation i made to the Deputy Solicitor General of Jamaica regarding the evolution of Caricom law . The only item of note is the proposal for a mediation procedure using the referral process from national courts under Article 214 of the RTC.

The Alternative Forms Of Dispute Settlement And The Essential Difference Between These And Arbitration, Michael Diathesopoulos

Michael Diathesopoulos

The paper examines the characteristics of some common alternative forms of dispute settlement and their key differences from arbitration regarding their nature and scope. Its purpose is to explore each mechanism's suitability for specific types of disputes.

Looking To Human Rights And Humanitarian Law To Determine Refugee Status, Kathryn Jastram

Kate Jastram

No abstract provided.

Las Reformas Pendientes, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

Aspectos Generales Dela Publicidad En México. "La Publicidad De Productos, Servicios, Y Actividades Reguladas Por La Ley General De Salud", Bruno L. Costantini García

Bruno L. Costantini García

Introducción a las generalidades de la regulación en materia de publicidad de insumos para el consumo humano (salud) en México.

Reasserting Its Constitutional Role: Congress's Power To Independently Terminate A Treaty, David (Dj) C. Wolff

David (Dj) C. Wolff

Who has the authority to terminate a treaty? The Constitution’s text is silent on the matter and historical precedent has been anything but consistent. Recently, the debate has focused on whether the President can unilaterally terminate a treaty without considering Congressional concerns: witness President Carter’s termination of the 1954 Mutual Defense Treaty with Taiwan and President Bush’s 2001 termination of the Anti-Ballistic Missile Treaty with Russia. There has been comparatively little analysis of the converse question; does Congress have the unilateral power to terminate a treaty in the face of Presidential opposition? This question invokes strong separation of powers considerations; …

Cash Or Credit: The Importance Of Financial Sector Stability In Rule Of Law Operations, Katherine E. Peterson

Katherine Peterson

“Rule of Law” missions occur in a variety of circumstances, each mission differing from the last by location, context, extent of operations, participants, or a combination of all of these things and more. These operations can occur during, or immediately after, an armed conflict, intra- or interstate, a natural disaster, or other destabilizing or destructive event. The United States, international organizations, and other developed countries play a significant role in rebuilding these states so that they may one day achieve “Rule of Law.” The U.S. Military defines Rule of Law as “a principle of governance in which all persons, institutions …

Gang And Cartel Violence: A Reason To Grant Political Asylum From Mexico And Central America, Jillian Blake

Jillian Blake

This Essay argues that the United States should view the migrants fleeing violence in Mexico and Central America as refugees. This Essay will describe the nature of the threat from gangs and cartels, present the major arguments for granting gang-based asylum under international refugee law, and describe how the U.S. courts and government have interpreted those arguments. The final section of this Essay will offer an interpretation of refugee law that both bridges the gap between traditional interpretations of the Refugee Convention and also addresses a pressing need to adapt its original meaning to present-day conflicts in Latin America. This …

Update: Organization Of American States, Jillian Blake

Jillian Blake

No abstract provided.

Martina Vandenberg, Review Of "The International Law Of Human Trafficking", Anne T. Gallagher

Anne T Gallagher

American Journal of International Law (2012): Review of Anne T. Gallagher, "The International Law of Human Trafficking", by Martina Vandenberg

General And Complete Disarmament: Not Just For Nuclear Weapons States Anymore, David S. Jonas

David S. Jonas

No abstract provided.

Mapping Expansive Uses Of Human Dignity In International Criminal Law, J.Benton Heath

J.Benton Heath

International criminal law (ICL) makes frequent reference to the concept of human dignity, which also plays a central role in human rights law. While many of these invocations occur in the context of torture and cruel treatment, a handful of cases have used human dignity more expansively to justify punishment for hate speech and other crimes. In this chapter, I argue that such expansive invocations of human dignity fill gaps in substantive criminal law, motivate tribunals toward broad interpretations of the law, may serve to 'trump' competing claims, and provide an argument for overcoming strict applications of the principle of …

Human Dignity At Trial: Hard Cases And Broad Concepts In International Criminal Law, J.Benton Heath

J.Benton Heath

Broad and indeterminate invocations of human dignity play a sporadic but powerful role in the adjudication of international criminal law (ICL). Drawing on detailed case studies, I argue that the concept of dignity enables courts to fill gaps in the substantive criminal law, justify expansive interpretations, resolve conflicts between competing rights and values, and potentially overcome the requirements of strict legality. These features enable judges to reach important and sometimes morally compelling conclusions. But expansive uses of human dignity come into tension with rule-of-law principles, and they challenge the self-understanding of ICL as a regime of limited subject-matter jurisdiction. This …

Environments, Externalities And Ethics: Compulsory Multinational And Transnational Corporate Bonding To Promote Accountability For Externalization Of Environmental Harm, Matthew A. Susson

Matthew A Susson

Developing nations often look to their bounty of natural resources or willing labor as a means of attracting international investors. While national and local governments frequently perceive the arrival of a multinational corporate presence as a boon to their economy, the potential for government instability, ineffectiveness or corruption may facilitate environmentally exploitive corporate practices. Furthermore, residents of the subject nation may be left without proper legal recourse. Legislators have made various efforts in both the United States and abroad to propound Corporate Codes of Conduct to address such concerns, but despite laudable intentions, features of the increasingly global economy “accentuate …

Імплементація Норм Рекомендацій Міжнародної Морської Організації З Охорони Морського Середовища У Законодавство України, Timur R. Korotkiy

Timur R. Korotkiy

Короткий Т. Р. Імплементація норм рекомендацій Міжнародної морської організації з охорони морського середовища у законодавство України / Т. Р. Короткий // Актуальні проблеми політики : зб. наук. пр. / редкол. : С. В. Ківалов (голов. ред.), Л. І. Кормич (заст. голов. ред.), Ю. П. Аленін [та ін.] ; МОНмолодьспорт України, НУ ОЮА. - Одеса : Фенікс, 2012. – Вип. 45. – С. 72-83.

The features of implementation of norms of International marine organization recommendations on questions of marine environment guard in the legislation of Ukraine are considered. The theoretical aspects of implementation of "soft right" norms in national legal systems …

Одеська Школа Права (Сучасність) | Odessa School Of Internationa Law, Timur R. Korotkiy

Timur R. Korotkiy

Пашковський М. Одеська школа права (сучасність) / М. Пашковський, Т. Короткий // Міжнародне право. – 2012. – № 1. – С.140-160.

The article investigates the present stage of the existence of the science of international law. It outlined the major milestones of the historical development and current state of the Odessa School of International Law. Named the directions of scientific work of the Odessa School of International Law.

Статья посвящена исследованию современного этапа существования науки международного права. Очерчены основные вехи исторического развития и современного состояния Одесской школы международного права. Названы направления научной работы Одесской школы международного права.

Стаття присвячена дослідженню …

Threats Escalate: Corporate Information Technology Governance Under Fire, Lawrence J. Trautman

Lawrence J. Trautman Sr.

In a previous publication The Board’s Responsibility for Information Technology Governance, (with Kara Altenbaumer-Price) we examined: The IT Governance Institute’s Executive Summary and Framework for Control Objectives for Information and Related Technology 4.1 (COBIT®); reviewed the Weill and Ross Corporate and Key Asset Governance Framework; and observed “that in a survey of audit executives and board members, 58 percent believed that their corporate employees had little to no understanding of how to assess risk.” We further described the new SEC rules on risk management; Congressional action on cyber security; legal basis for director’s duties and responsibilities relative to IT governance; …

Understanding 'The Loop': Regulating The Next Generation Of War Machines, William Marra, Sonia Mcneil

William Marra

The United States is in the midst of a national debate about the role drone aircraft should play in warfare abroad and law enforcement at home. Armed drones hunt enemies abroad 24 hours a day, seven days a week. Drones have begun to patrol our domestic skies too, on the lookout for suspicious activity. But contemporary drones are merely the “Model T” of robot technology. Today, humans are still very much “in the loop”: humans decide when to launch a drone, where it should fly, and whether it should take action against a suspect. But as drones develop greater autonomy, …

Private Rights Or Public Wrongs? The Crime Victims Rights Act Of 2004 In Historical Context, Christopher J. Truxler

Christopher J. Truxler

Historically, crime victims served as policemen, investigators, and private prosecutors, and were regarded as law enforcement’s most dependable catalyst. The Crime Victim’s Rights Act of 2004 grants crime victims eight substantive and procedural rights and breathes new life into the common law idea that crime is both a public wrong and a private injury. The Act has, however, elicited ardent criticism. Opponents contend that the Act is both bad policy and, most likely, unconstitutional. Without commenting on the Act’s policy or constitutionality, this Note places the Crime Victims’ Rights Act within a broader historical context where victims’ needs can be …

Africa, Mark J. Calaguas

Mark J Calaguas

The Africa Committee's contribution to the 2011 Year-in-Review issue of the American Bar Association Section of International Law's quarterly journal, The International Lawyer.

Rio+20 - An Analysis Of The Zero Draft And The Final Outcome Document “The Future We Want”, Vicki-Ann Assevero, Sonali P. Chitre

Sonali P Chitre

Rio 20 the United Nations Conference on Sustainable Development (UNCSD) was held June 20-22, 2012 to allow world leaders as well as participants from governments, civil society, nongovernmental organizations (NGOs), and other groups to come together to draft a roadmap detailing how the world should promote sustainable development. The Final Outcome Document (FOD) of Rio 201 is more detailed and stronger than the initial Zero Draft. The Zero Draft of January 10, 2012 by the Secretariat was purposely general and left many areas to be filled in by specific country proposals. The FOD was finalized and agreed upon by 192 …

Slavery In The 21st Century, Jeffrey Erskine

Jeffrey Erskine

There are an estimated 600,000 to 800,000 children, women and men trafficked across international borders annually. Second to drug dealing, human trafficking and the illegal arms industries are the second largest criminal enterprises in the world today. Human trafficking is the fastest growing.