Law Commons^™

Student Comment: Ttip: A Free Trade Agreement That Strengthens The International Trade Environment And Enhances The Regulatory Powers Of The Wto, Suzanne De Deyne

University of Baltimore Journal of International Law

This comment discusses the Transatlantic Trade Investment Partnership (TTIP or the Partnership), a bi-lateral trade agreement between the United States and the European Union, in relation to the World Trade Organization (WTO). TTIP pushes the world towards greater trade liberalization, and if implemented, such a trade agreement would affect trillions of dollars in existing trade. When trade barriers are reduced, a significant amount of new possibilities open up, especially in regards to potential markets for exports, growth and improvement of competitive products, and reduction in the losses associated the border. Since its establishment, the WTO has sought to establish an …

Globalization, Global Governance, And Challenges To Contemporary Constitutionalism: The (Trans) Constitutional Perspective And The Dialogue Among Jurisdictions, Thaís Vandresen, Maria Cláudia S. Antunes De Souza

University of Baltimore Journal of International Law

This article focuses on the challenges facing contemporary constitutionalism before the irreversibility of globalization and the prospect of global governance. The goal of this article is to identify the proposals concerning the development of a global constitutionalism, as well as analyze the limits and possibilities of proposed trans-constitutionalism as an alternative to establish juridical “dialogues” among different legal normative orders. The study is justified, having in mind the need for re-contextualization of contemporary constitutionalism, given the fragility of the concept of sovereignty and the multiplicity of regulatory sources, especially concerning the international protection of human rights. Rationale inductive basis was …

Emerging Issues: Is A Grexit—A Greek Exit From The Eurozone—The Solution?, Ruby Devine

University of Baltimore Journal of International Law

“Greece is in its own Great Depression. But unlike the United States, it won’t be able to get back on its feet as quickly[.]”1 For over five years now, Greece has been doddering on the edge of disaster. Receiving its third bailout in five years, Greece is now faced with the task of implementing strict austerity controls that the Greek people have unequivocally rejected. If Greece were to default, one consequence is a Grexit, a Greek exit from the European Union, which many fear would compromise the delicate European system.2 On August 20, 2015, Greece narrowly avoided default on its …

A Case Study: Law And Emotions Within The Kingdom Of The Netherlands, Nanneke Quik-Schuijt, Irene Broekhuijse

University of Baltimore Journal of International Law

Whether you are a Christian or not, you cannot deny the truth of the proverb “[a] brother offended is more unyielding than a strong city, and quarrelling is like the bars of a castle,”1 especially when you study the constitutional relationship between the Netherlands and its former colonies Aruba, Curacao, and St. Maarten.

The Netherlands, Aruba, Curacao and St. Maarten are four countries that together constitute the Kingdom of the Netherlands.2 These countries feel so wronged by one another that emotions often take over. In July 2014, for instance, the Prime Minister of Aruba desperately went on a hunger strike …

Emerging Issues: South China Sea Takeover: Destroying Fisheries And Creating Economic Dead-Lands For Surrounding Coastal States, Aviana Cooper

University of Baltimore Journal of International Law

China’s rapid takeover of the South China Sea unequivocally goes against what the United Nations Convention on the Law of the Seas permits. China’s control has had, and will continue to have disparaging effects on neighboring countries in their shipment of supplies, food, and other materials. The reclamation of the island landmasses in dispute, the Spratly and Paracel islands, by China has grown about 50% since May 2015.1 Presently, China has built a 3,000 foot aircraft runway and reformed many of the coral reefs surrounding the islands into artificial islands for the “future” usage to place buildings and homes for …

University Of Baltimore Journal Of International Law Volume 4 No. 2 (2015-2016) Front Matter

University of Baltimore Journal of International Law

No abstract provided.

A Comparative Empirical Study Of Negotiation In Criminal Proceedings Between Brazil And The United States Of America, Ricardo Gueiros Bernardes Dias

University of Baltimore Journal of International Law

The present research aims to understand the law in regards to the types of negotiations performed under the law of criminal procedure and to understand how the discursive practice of lawyers can organize social practices from a comparative empirical perspective of Brazil and the United States of America. Thus, the research comparatively investigates the institutional processes for the establishment of truth before the bodies of the judicial branch in Brazil (metropolitan region of Vitória, ES-Brazil) and in the U.S. (California, San Francisco) and focuses on their differences in their criminal negotiation in the special criminal courts and the institution of …

Emerging Issues: Transcanada V. Obama Administration – 15 Billion For Cancellation Of Keystone Xl Pipeline Project, Aviana Cooper

University of Baltimore Journal of International Law

TransCanada Keystone Pipeline, LP and TC Oil Pipeline Operations Inc., subsidiaries of TransCanada Corporation (“TransCanada”), lost their seven-year bid with the United States (U.S.) Government for a permit to complete the $5.4 billion oil pipeline connecting Canada and the U.S. On November 6, 2015, President Obama announced that Secretary of State, John Kerry, through powers under Executive Order 13337, had denied the application for a border crossing permit, prohibiting construction of the Keystone XL Pipeline Project. Following this denial, on January 6, 2016, TransCanada filed a complaint to the District Court of Texas against members of the Obama Administration, requesting …

Emerging Issues: Fifa World Cup 2022: Enjoying The Game At The Suffering Of Migrant Workers, Iram Ashraf

University of Baltimore Journal of International Law

On December 2, 2010, the Federation Internationale de Football Association (“FIFA”), granted Qatar the honor of hosting the 2022 World Cup. FIFA’s president, Sepp Blatter, stated that hosting the World Cup in Qatar, an “unstable region of the world,” is intended to unify millions of people that may not otherwise come together, such as Israelis and Palestinians. FIFA has put great efforts towards hosting this event in Qatar, so much so that it changed the tournament to be held in the winter rather than the summer for the first time in history. The logic behind this timing change was to …

University Of Baltimore Journal Of International Law, Volume 5, Issue 1 (2016-17) Front Matter

University of Baltimore Journal of International Law

No abstract provided.

Student Comment: Not Really A Battle Of The Sexes: Women’S Health Agenda Advocates Global Equality In Medical Research Trials And Drug Administration, Margery R. Beltran

University of Baltimore Journal of International Law

The New Women’s Health Agenda seeks to close the discriminatory gap between men’s and women’s medical treatment around the world. Often, women’s reproductive issues are the focus of medical studies in which women are involved; however, chronic diseases are quickly becoming a high health risk for the female population around the world. This comment explores the past, present, and future of women’s global health. Throughout history, women have been prevented from participating in clinical trials for reproductive protection reasons. The problem arises after men have successfully responded to treatment because the medication is then administered to both men and women. …

Potential Impacts On Individuals Caused By The Invasion Of Ngos Into International Politics, Zhao Li, Haibin Qi

University of Baltimore Journal of International Law

In the contemporary world, NGOs are playing significant roles in international cooperation and globalization. This actively promotes the formation of a global society. Accompanying that, NGOs also have an increased international political influence. Against this background, some scholars believe the rise of NGOs will create an era of individuals’ emancipation from the sovereign states, while others consider that the golden age of autonomy has passed. This paper studies the essence of the association dominated by NGOs and how this association affects individuals in international politics. This paper suggests that the ideal subject for NGOs is one with clearly defined and …

Holding The Executive Accountable In Egypt, Impeachment: A Losing Case, Dr. Mohamed Abdelaal

University of Baltimore Journal of International Law

This paper examines the impeachment mechanism in Egypt after the 2011 Revolution and the 2013 events and the removal of Presidents Hosni Mubarak and Mohamed Morsi. In doing so, the paper will provide a critical analysis to the impeachment clauses in both the 2012 and 2014 Constitutions, in an attempt to discover to what extent the pre 2011 impeachment differs from that of post 2011. Further, it addresses the issue of whether the recall election could make a good alternative to impeachment in Egypt. Specifically, we will briefly shed light on the history of the recall device as well as …

The Role Of Brazil And The United States In The International Promotion Of The Right To A Healthy Environment, José Adércio Leite Sampaio, Beatriz Souza Costa

University of Baltimore Journal of International Law

This article has the objective of analyzing the role played by Brazil and the United States in protecting the right to a healthy environment at an international level, especially at the World Trade Organization level. First, we must try to identify the fundamental right to a healthy environment, in its internal dimension and as a human right, at the international level. We used the bibliographic technique and deductive methodology to develop the research. The results at the conclusion evidence that the behavior of political and economic agents has a direct impact on the level of environmental protection. In the United …

Emerging Issues: A Global Analysis: Legal Recognition And Equal Treatment Of Transgender Citizens, Madison H. Kyger

University of Baltimore Journal of International Law

Transgender individuals across nations have been subjected to a range of restrictive barriers, which limit their legal recognition of fundamental rights and protections. These obstacles place a stigma on transgender individuals, subjecting the community to a wide range of discrimination. These boundaries range in severity; some countries simply impose restrictions of use for certain facilities, while other countries resort to physical abuse. Recently, certain countries have enacted laws to give transgender members the same legal recognition that other citizens are afforded while other countries fail to accept the transgender community and continue to uphold restrictive barriers.

Emerging Issues: Breaking News: Polish Legislators Make Waves With New Broadcast Media Law, Eu Human Rights Concerns On The Rise, Margery R. Beltran

University of Baltimore Journal of International Law

No abstract provided.

Emerging Issues: Shifting Focus From Deportation Of Unaccompanied Minors To Investing In Long-Term Reintegration Process, Zahara Lanewala

University of Baltimore Journal of International Law

Erminia’s shoes fell apart as she walked through the Texas desert, but Erminia persisted with the treacherous journey wearing just her socks. She crossed the desert for three days and two nights. She recounts that there were many thorns along the desert. Unfortunately, Ermina’s journey is similar to thousands of other unaccompanied minors who make the dangerous trek through the desert to find security within the borders of the U.S. Majority of the unaccompanied minors travel from El Salvador, Guatemala, and Honduras— commonly referred to as the “Northern Triangle.” From 2012 through 2016, the primary reason for the surge of …

Student Comment: Syrian Refugees - Economic Benefit Or Substantial Burden On States Of The European Union, Aviana Cooper

University of Baltimore Journal of International Law

This comment will discuss the current status of the Syrian refugee crisis as well as the economic and humanitarian issues the European Union is facing to assist these refugees in their escape. This comment will also discuss the efforts being made by the European Union to alleviate the issue of refugees coming into their member states. Further describing how these efforts are impacting the European Union’s budget and how much money has already been allocated towards these projects. Is it in the best interest of the European Union to continue to let refugees into their country by the thousands or …

The Responsibility Of Transnational Corporations In The Realization Of Children’S Rights, Isabel Mota Borges

University of Baltimore Journal of International Law

Transnational Corporations (TNCs), especially those operating in developing countries, have enormous socio-economic power— sometimes more than states. Many TNCs seek poor and unregulated markets, employing cheap, underage and fragile children, so they can create an economic competitive advantage and meet increasing international marketing demands. While many of them bring business and prosperity to a region, the damages can outweigh these benefits they perpetuate when behaving irresponsibly - occasionally irreparably - detrimentally impacting on children’s enjoyment of civil, political, economic, social, and cultural rights. The problem is exacerbated when national governments are unable or unwilling to regulate TNCs’ operations. It shall …

Reparation, Restoration, Incarceration: Comparative Perspectives On The African-American Reparations Problem, Michael A. Livingston

University of Baltimore Journal of International Law

The proposal of reparations to African-Americans for slavery and subsequent offenses has stimulated a great deal of academic attention but little practical action. One reason for this is the indifference of non-black Americans and the lack of historical consciousness in a pragmatic, forward-looking culture. Yet some AfricanAmericans also have mixed feelings about reparations, preferring to concentrate on current problems rather than seek repayment for past wrongs, and perhaps even considering the debate as a divergence from more pressing, immediate problems.

Semantic Reversal: Individual, Person, Individualism, Individualization, And Subject Of Fundamental Rights, Brunela Viera De Vincenzi

University of Baltimore Journal of International Law

Based upon the theory of justice, founded on reciprocal and co-operative recognition, this study seeks to demonstrate that there are alternative means of dispute resolution within the spheres of family and work, which produce binding decisions that are accepted by the parties to the conflict as fair. At the same time, it also seeks to demonstrate that certain conflicts cannot be withdrawn from the pur-view and judgment of the State Judiciary System, with the goal of reestablishing the confidence that individuals have in the decision-making system of the state legal system.