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Full-Text Articles in Law
A Path Forward To #Niunamenos Based On An Intersectional Analysis Of Laws Criminalizing Femicide/Feminicide In Latin America, Melissa Padilla
A Path Forward To #Niunamenos Based On An Intersectional Analysis Of Laws Criminalizing Femicide/Feminicide In Latin America, Melissa Padilla
San Diego International Law Journal
Since 2007, eighteen Latin American countries have enacted laws that criminalize femicide/feminicide in an effort to address gender-based murders in the region and to uphold their obligations under international human rights law. However, the COVID-19 pandemic and its systemic lingering effects exacerbated the existent dangerous levels of gender-based violence in the region, resulting in an increase in gender-based murders. To address these murders, between 2020 and 2021, a quarter of the eighteen Latin American countries that criminalized femicide/feminicide have implemented or are in the process of implementing reforms to their laws criminalizing femicide/feminicide. Given this new trend to address the …
International Experience In Regulating And Organizing Investigations By International Investigative Teams., Dilshod Egamberdiyev
International Experience In Regulating And Organizing Investigations By International Investigative Teams., Dilshod Egamberdiyev
Review of law sciences
In recent years, the international community has developed and opened for signature a number of international agreements regulating international cooperation in the fight against crime. Along with the legal regulation of traditional legal institutions, such as mutual legal assistance in criminal matters, these instruments provide an international legal framework for new areas of cooperation in this field. One of them is the operational-investigative group or the international investigation team. The organization of such types of investigations and joint activities of States is one of the most effective forms of interaction between investigators, investigative bodies and law enforcement agencies, as well …
Cooperation Of Uzbekistan With International Organization In The Field Of Labour Migration, S. Ishanxodjaev
Cooperation Of Uzbekistan With International Organization In The Field Of Labour Migration, S. Ishanxodjaev
Review of law sciences
The article deals with the issues of institutional cooperation of Uzbekistan in the field of labor migration with international institutions and specialized agencies. A number of proposals are made to improve the cooperation of a bilateral agreement by introducing changes and additions as well as the accession of Uzbekistan to universal and other international treaties regarding labor migration.
Friends Of Animals V. United States Fish & Wildlife Service, Bradley E. Tinker
Friends Of Animals V. United States Fish & Wildlife Service, Bradley E. Tinker
Public Land & Resources Law Review
In Friends of Animals v. United States Fish & Wildlife Service, the Ninth Circuit held that the plain language of the Migratory Bird Treaty Act allows for the removal of one species of bird to benefit another species. Friends of Animals argued that the Service’s experiment permitting the taking of one species––the barred owl––to advance the conservation of a different species––the northern spotted owl––violated the Migratory Bird Treaty Act. The court, however, found that the Act delegates broad implementing discretion to the Secretary of the Interior, and neither the Act nor the underlying international conventions limit the taking of …
Manifest Disregard In International Commercial Arbitration: Whether Manifest Disregard Holds, However Good, Bad, Or Ugly, Chad R. Yates
Manifest Disregard In International Commercial Arbitration: Whether Manifest Disregard Holds, However Good, Bad, Or Ugly, Chad R. Yates
University of Massachusetts Law Review
Manifest disregard is a common law reason for not enforcing an arbitration award. This principle applies when the arbitrator knew and understood the law, but the arbitrator disregarded the applicable law. Presently, the United States Supreme Court has not made a definite decision on whether manifest disregard is still a valid reason for vacating the award (known as “vacatur”), and the Court is highly deferential to arbitrator decisions. Consequently, the lower courts are split on the issue. For international commercial arbitration awards, manifest disregard can only apply to a foreign award that is decided under United States law or in …
Kill-Switches In The U.S. Model Tax Treaty, Allison Christians, Alexander Ezenagu
Kill-Switches In The U.S. Model Tax Treaty, Allison Christians, Alexander Ezenagu
Brooklyn Journal of International Law
The new U.S. Model income tax treaty contains an unusual addition: mechanisms for the parties to unilaterally override the negotiated treaty rates in specified circumstances. Previewed last year in proposed form—a first for the Treasury—these new mechanisms work as kill-switches, partially terminating the treaty as to one or both treaty partners. The idea is to forestall a more problematic outcome, such as an enduring breach of one of the parties’ expectations, or the opposite, a complete termination of all the treaty terms in the face of such a breach. Yet embedding a kill-switch in a treaty creates distinct legal, procedural, …
The Need For An International Convention On Data Privacy: Taking A Cue From The Cisg, Morgan Corley
The Need For An International Convention On Data Privacy: Taking A Cue From The Cisg, Morgan Corley
Brooklyn Journal of International Law
In light of the invalidation of the U.S.-EU Safe Harbor, along with the increase in sales of personal data as a commodity, data privacy has become a major concern amongst different nations. The lack of harmonization of data-privacy laws around the world continues to pose obstacles to the free flow of data across national borders. The free flow of data is, nonetheless, essential the international economy. As a result, nations continue to work together to try to create mechanisms by which data can be transferred across borders in a secure manner. This Note examines the current state of data-privacy law …
Detention Operations In Iraq: A View From The Ground, Brian J. Bill
Detention Operations In Iraq: A View From The Ground, Brian J. Bill
International Law Studies
No abstract provided.
The Role Of The International Committee Of The Red Cross In Stability Operations, Laurent Colassis
The Role Of The International Committee Of The Red Cross In Stability Operations, Laurent Colassis
International Law Studies
No abstract provided.
The Occupation Of Iraq: A Reassessment, Eyal Benvenisti, Guy Keinan
The Occupation Of Iraq: A Reassessment, Eyal Benvenisti, Guy Keinan
International Law Studies
No abstract provided.
Rationales For Detention: Security Threats And Intelligence Value, Ryan Goodman
Rationales For Detention: Security Threats And Intelligence Value, Ryan Goodman
International Law Studies
No abstract provided.
Is Human Rights Law Of Any Relevance To Military Operations In Afghanistan?, Francoise J. Hampson
Is Human Rights Law Of Any Relevance To Military Operations In Afghanistan?, Francoise J. Hampson
International Law Studies
No abstract provided.
Applying Geneva Convention Principles To Guantánamo Bay, Kyndra Rotunda
Applying Geneva Convention Principles To Guantánamo Bay, Kyndra Rotunda
University of Richmond Law Review
No abstract provided.
Medellín V. Texas: The Treaties That Bind, Mary D. Hallerman
Medellín V. Texas: The Treaties That Bind, Mary D. Hallerman
University of Richmond Law Review
No abstract provided.
China And The Law Of The Sea: An Update, Guifang Xue
China And The Law Of The Sea: An Update, Guifang Xue
International Law Studies
No abstract provided.
Coalition Operations: A Compromise Or An Accomodation, Vicki Mcconachie
Coalition Operations: A Compromise Or An Accomodation, Vicki Mcconachie
International Law Studies
No abstract provided.
The Treatment Of Detainees And The "Global War On Terror": Selected Legal Issues, David Turns
The Treatment Of Detainees And The "Global War On Terror": Selected Legal Issues, David Turns
International Law Studies
No abstract provided.
The Unvarnished Truth: The Debate On The Law Of The Sea Convention, William L. Schachte Jr.
The Unvarnished Truth: The Debate On The Law Of The Sea Convention, William L. Schachte Jr.
International Law Studies
No abstract provided.
Coaltion Operations And The Law, M.H. Macdougall
Coaltion Operations And The Law, M.H. Macdougall
International Law Studies
No abstract provided.
Military Activities In The Exclusive Economic Zone: Preventing Uncertainty And Defusing Conflict, Hyun-Soo Kim
Military Activities In The Exclusive Economic Zone: Preventing Uncertainty And Defusing Conflict, Hyun-Soo Kim
International Law Studies
No abstract provided.
Representing Children And International Norms, Naomi Cahn
Representing Children And International Norms, Naomi Cahn
Nevada Law Journal
No abstract provided.
Something's Happening Here: Children And Human Rights Jurisprudence In Two International Courts, Bernardine Dohrn
Something's Happening Here: Children And Human Rights Jurisprudence In Two International Courts, Bernardine Dohrn
Nevada Law Journal
No abstract provided.
Report Of The Working Group On The Lessons Of International Law, Norms, And Practice, Working Group On The Lessons Of International Law, Norms, And Practice
Report Of The Working Group On The Lessons Of International Law, Norms, And Practice, Working Group On The Lessons Of International Law, Norms, And Practice
Nevada Law Journal
No abstract provided.
The 2005 Hague Convention On Choice Of Court Clauses, Andrea Schulz
The 2005 Hague Convention On Choice Of Court Clauses, Andrea Schulz
ILSA Journal of International & Comparative Law
On June 30, 2005, the Twentieth Session of the Hague Conference on Private International Law unanimously adopted a new Convention on Choice of Court Agreements.
Connecticut And International Law, Houston Putnam Lowry
Connecticut And International Law, Houston Putnam Lowry
ILSA Journal of International & Comparative Law
Most states within the United States do not consider international law in their legislative process.
A Bill Of Rights For The European Union, Elizabeth F. Defeis
A Bill Of Rights For The European Union, Elizabeth F. Defeis
ILSA Journal of International & Comparative Law
The inclusion of the Charter of Fundamental Rights' in the Draft Treaty Establishing a Constitution for Europe 2 has a curious history that in some ways is similar to the history of the Bill of Rights of the United States Constitution.
The International Legal Adjudication Of The Crime Of Genocide, Jeffrey S. Morton
The International Legal Adjudication Of The Crime Of Genocide, Jeffrey S. Morton
ILSA Journal of International & Comparative Law
Andreopoulos notes that no crime matches genocide in the moral opprobrium that it generates.
The Normative Framework Of International Humanitarian Law: Overlaps, Gaps, And Ambiguities, Cherif M. Bassiouni
The Normative Framework Of International Humanitarian Law: Overlaps, Gaps, And Ambiguities, Cherif M. Bassiouni
International Law Studies
No abstract provided.
A Case In Exploitation: Elian Gonzalez, Should He Stay Or Should He Go?, Erin Deady
A Case In Exploitation: Elian Gonzalez, Should He Stay Or Should He Go?, Erin Deady
ILSA Journal of International & Comparative Law
By now we have all heard the issues framed. A young five-year-old boy is found clinging to a life raft after two days at sea adrift.
So Your Client Wants To Engage In Deep Seabed Mining, Houston Putnam Lowry
So Your Client Wants To Engage In Deep Seabed Mining, Houston Putnam Lowry
ILSA Journal of International & Comparative Law
An excited client calls their corporate attorney, claiming to have solved the technical problems associated with the mining of manganese nodules on the seabed beyond national boundaries, commonly called the "area."