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Articles 31 - 60 of 73
Full-Text Articles in Law
Gaming For “Good Governance” And The Democratic Ideal: From Universalist Rhetoric To Pacific Realities Seen Through A Fijian Microscope*, Jackson N. Maogoto
Gaming For “Good Governance” And The Democratic Ideal: From Universalist Rhetoric To Pacific Realities Seen Through A Fijian Microscope*, Jackson N. Maogoto
Jackson Nyamuya Maogoto
This Article canvasses the international rubric and dynamic that informs the democracy and good governance crusade before moving the discussion to a regional setting targeting Pacific Island Countries with Fiji as a case study. It seeks to argue that democratic experimentalism, not the so-called “McDonaldization” (globalization as homogenization) of the world, is important. This is based on the premise that “McDonaldization” minimizes the complex way in which the local interacts with the international. The efficacy of democratic experimentalism is that it acknowledges that rights are not based on first principles, but that, they are inevitably socially constructed and historically contingent, …
Legal Aspects Of Regional Integration In Central Asia, Zhenis Kembayev
Legal Aspects Of Regional Integration In Central Asia, Zhenis Kembayev
Zhenis Kembayev
No abstract provided.
State Responsibility For Private Armed Groups In The Context Of Terrorism, René Värk
State Responsibility For Private Armed Groups In The Context Of Terrorism, René Värk
René Värk
No abstract provided.
Science In The Process Of Risk Regulation Under The Wto Agreement On Sanitary And Phytosanitary Measures, Lukasz A. Gruszczynski
Science In The Process Of Risk Regulation Under The Wto Agreement On Sanitary And Phytosanitary Measures, Lukasz A. Gruszczynski
Lukasz A Gruszczynski
This article attempts to present a comprehensive and coherent picture of the position occupied by science under the SPS Agreement and in the SPS case law. It claims that the approach adopted by the Appellate Body reflects the explicit language of the SPS Agreement and is predominantly based on a technical paradigm. In consequence, science plays a critical role in distinguishing between legal and illegal SPS measures. The article argues that such an approach is generally compatible with the text of the SPS Agreement and provides a coherent SPS system. However, it also identifies certain areas, which lack coherence, as …
Asean And Trafficking In Persons: Using Data As A Tool To Combat Trafficking In Persons, Fiona M. David Ms
Asean And Trafficking In Persons: Using Data As A Tool To Combat Trafficking In Persons, Fiona M. David Ms
Fiona David
ASEAN member countries are always looking for ways to improve their response to trafficking in persons. However, these efforts are being held back by a lack of relevant, reliable data on trafficking. Recognizing this problem, in 2005, the ASEAN member countries commissioned IOM to conduct a pilot research project to identify “best practice” in data collection on trafficking, and to prepare a situation report on data collection by government agencies in four ASEAN member countries (Cambodia, Indonesia, the Philippines and Thailand). This report presents the findings of that research.
Asean Responses To Trafficking In Persons, Fiona M. David Ms
Asean Responses To Trafficking In Persons, Fiona M. David Ms
Fiona David
This paper examines the criminal justice responses to trafficking in places in each of the 10 ASEAN Member Countries.
The British Empire Patent 1901-1923: The ‘Global’ Patent That Never Was, Christopher Wadlow
The British Empire Patent 1901-1923: The ‘Global’ Patent That Never Was, Christopher Wadlow
Christopher Wadlow
Reflects on the lessons which unsuccessful efforts to introduce a British Empire patent prior to 1923 may offer for the European Community patent. Reviews the origin of the proposal in 1901, the state of patent law across the Empire at the time, the progress made at several Imperial conferences, key features of the 1919 memorandum and the issues discussed at the 1922 patent conference. Outlines the reasons for the failure of the 1923 proposals, including the problems created by Canada's claim for reciprocal treatment for its patents, and considers whether the EC Community patent has a greater prospect of success.
Impacts Of The North American Free Trade Agreement On Indigenous Peoples And Their Interests, Brenda L. Gunn
Impacts Of The North American Free Trade Agreement On Indigenous Peoples And Their Interests, Brenda L. Gunn
Brenda L. Gunn
This article argues that while trade liberalization has the potential to have positive economic effects upon Indigenous peoples, NAFTA does not adequately take into account and protect Indigenous peoples concerns and interests. While the purpose of international trade regulation is to remove trade barriers and ensure a level playing field, current trade regimes do impact Indigenous peoples' rights and interests. Therefore the interaction of international trade and Indigenous peoples' rights merits consideration. The article begins with a brief introduction to NAFTA and describes some of the provisions contained therein. Next, the article looks at the threes governments’ views about NAFTA …
Transboundary Harm In International Law: Lessons From The Trail Smelter Arbitration, Russell Miller, Rebecca Bratspies
Transboundary Harm In International Law: Lessons From The Trail Smelter Arbitration, Russell Miller, Rebecca Bratspies
Russell A. Miller
No abstract provided.
The Role Of International Arbitrators, Susan Franck
The Role Of International Arbitrators, Susan Franck
Susan D. Franck
No abstract provided.
Lodge, Henry Cabot, Christopher Hoebeke
Same-Sex Marriages, Domestic Partnerships And Private International Law: At The Dawn Of A New Jurisprudence In The United States, Robert Spector
Same-Sex Marriages, Domestic Partnerships And Private International Law: At The Dawn Of A New Jurisprudence In The United States, Robert Spector
Robert G. Spector
No abstract provided.
The Salmon Case: Evolution Of Balancing Mechanisms For Non-Trade Values In Wto, Frank Garcia
The Salmon Case: Evolution Of Balancing Mechanisms For Non-Trade Values In Wto, Frank Garcia
Frank J. Garcia
No abstract provided.
Integrating Trade And Human Rights In The Americas, Frank Garcia
Integrating Trade And Human Rights In The Americas, Frank Garcia
Frank J. Garcia
This paper analyzes the relationship between the OAS Inter-American human rights system and several regional integration systems, including NAFTA, MERCOSUR and the proposed Free Trade Area of the Americas (FTAA). Broadly speaking, there are two models for the relationship between integration systems and human rights protection: the leverage model and the incorporation model. The leverage model involves making effective participation in extrinsic human rights systems a legal or political condition of integration system membership. The incorporation model focuses on the juridical interpenetration of the two systems at many levels. This paper will focus on the leverage model, as it applies …
Flyktingstatus - En Marginaliserad Resurs I Svensk Asylrätt, Aleksandra Popovic
Flyktingstatus - En Marginaliserad Resurs I Svensk Asylrätt, Aleksandra Popovic
Aleksandra Popovic
No abstract provided.
Reputation And International Law, Andrew Guzman
Reputation And International Law, Andrew Guzman
Andrew T Guzman
Among the reasons that states comply with international law in the absence of coercive enforcement mechanisms is a concern for their reputation for compliance with international legal rules. Such a reputation is valuable because it allows states to make credible commitments to one another in an effort to overcome problems of cooperation. To date neither the international relations nor the international law literature has developed a theory of reputation that explains in detail how states acquire a reputation for compliance, how they lose it, and how it affects behavior. This paper seeks to provide such a theory. It examines how …
Natural Resource Management And Conservation – Fisheries And Marine Mammals: The Year In Review, Rosemary Rayfuse
Natural Resource Management And Conservation – Fisheries And Marine Mammals: The Year In Review, Rosemary Rayfuse
Rosemary Rayfuse
No abstract provided.
Mänskliga Rättigheter Och Europakonventionen, Aleksandra Popovic
Mänskliga Rättigheter Och Europakonventionen, Aleksandra Popovic
Aleksandra Popovic
No abstract provided.
Root, Elihu, Christopher Hoebeke
Folkrätten I Ett Nötskal, Ulf Linderfalk
Review Of The World Trade Organization: Law, Practice And Policy, Frank J. Garcia
Review Of The World Trade Organization: Law, Practice And Policy, Frank J. Garcia
Frank J. Garcia
No abstract provided.
Why Trade Law Needs A Theory Of Justice, Frank J. Garcia
Why Trade Law Needs A Theory Of Justice, Frank J. Garcia
Frank J. Garcia
No abstract provided.
Book Review Of Territorial Politics Of Welfare, Katerina Linos
Book Review Of Territorial Politics Of Welfare, Katerina Linos
Katerina Linos
No abstract provided.
The Perennial Conflict Between International Criminal Justice And Realpolitik, M. Bassiouni
The Perennial Conflict Between International Criminal Justice And Realpolitik, M. Bassiouni
M. Cherif Bassiouni
No abstract provided.
Commercial Arbitration In The Islamic Middle East, Art Gemmell Dr.
Commercial Arbitration In The Islamic Middle East, Art Gemmell Dr.
art gemmell
As any observer of the international commercial scene will attest, globalization has spawned an untold number of daily international business transactions. From these transactions, disputes arose and states worried that their domestic court system would be unable to deal with foreign commercial disputes expeditiously and equitably. In order to both address these concerns and to promote the use of international arbitration, a host of international and regional conventions was established to deal with the peaceful settlement of disputes. The Islamic Middle East has not fully embraced what might be euphemistically referred to as a“modern” arbitral system.
Recent Legal Developments In The Field Of Human Trafficking: A Critical Review Of The 2005 European Convention And Related Instruments, Anne T. Gallagher
Recent Legal Developments In The Field Of Human Trafficking: A Critical Review Of The 2005 European Convention And Related Instruments, Anne T. Gallagher
Anne T Gallagher
In terms of both speed and substance, the development in human trafficking related norms and standards over the past several years is almost unprecedented in international law. This article examines the 2005 Council of Europe Convention on Action against Trafficking in Persons and the various legal and policy developments that led up to or otherwise intersect with this watershed agreement. The analysis focuses special attention on the issues of international obligation and responsibility around trafficking, particularly in relation to its important human rights dimensions. What exactly is required of States under the new European treaty in terms of specific actions …
Corporate Power And Global Order, Dan Danielsen
Corporate Power And Global Order, Dan Danielsen
Dan Danielsen
In this chapter the author suggests that our understanding of transnational regulation and global governance would be enriched were we to think about corporations not as the 'private' other to the 'public' nation-state, but rather as legal institutions performing public regulatory functions with public welfare effects not unlike nation-states. At the same time, I suggest how a focus on the role of corporate activity and decision-making in global governance can expose new sites for political contestation and new strategies for intervention by regulators, policy-makers and activists seeking to harness and shape corporate power more effectively for the public good.
The Role Of Domestic Courts In The Case Law Of The International Court Of Justice, André Nollkaemper
The Role Of Domestic Courts In The Case Law Of The International Court Of Justice, André Nollkaemper
André Nollkaemper
Recent legal scholarship has argued that the traditional hiearchical realtionship between international courts and dmoestic courts has been replaced by a relationship characterized by such features as co-operation, communication and dialogue. This article examines to what extent the practice of the International Court of Justice supports that development. It concludes that while the case law of the International Court of Justice remains largely rooted in the traditional perspective, in which decisions of domestic courts are just facts, in recent cases we can see some evidence for a more complementary relationship.
Corporate Militaries And States: Actors, Interactions And Reactions, Benedict Sheehy
Corporate Militaries And States: Actors, Interactions And Reactions, Benedict Sheehy
Benedict Sheehy
Following the military forces of the US and the UK, PMF's make up the third largest contingent in Iraq. The article examines the interaction between states and PMF's, problems with their use for both contracting states and those where the PMF is operating. It provides six case studies and an examination of state legal responses.
When Do Policy Innovations Spread? (Note), Katerina Linos
When Do Policy Innovations Spread? (Note), Katerina Linos
Katerina Linos
No abstract provided.