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Articles 1 - 30 of 43
Full-Text Articles in Law
Agreements That Divide: Trips Vs. Cbd And Proposals For Mandatory Disclosure Of Source And Origin Of Genetic Resources In Patent Applications Comment, Jonathan Carr
Florida State University Journal of Transnational Law & Policy
In an attempt to unify the regulation of intellectual property, the TRIPS Agreement sets forth standards for intellectual property law. Recently, however, many countries have become divided on the issue of whether member countries should be required to disclose the source and origin of genetic resources used in patented technologies. Developing countries claim that enforcement of such a requirement would help remedy the global biopiracy problem. This article reviews and assesses the many proposals to amend the TRIPS Agreement as well as the responses from countries, such as the United States, opposing the proposals. Included is a brief discussion about …
Painted Into A Corner: Rembrandt's Bankruptcy Today, Brian Logan Beirne
Painted Into A Corner: Rembrandt's Bankruptcy Today, Brian Logan Beirne
Florida State University Journal of Transnational Law & Policy
This Article analyzes the development of the concept of bankruptcy by examining Rembrandt's insolvency through the lens of modern law. To lay a foundation, it provides the historical context of Rembrandt's bankruptcy and his specific actions most pertinent to modern bankruptcy proceedings. This analysis then transitions into the modern era with a comparison of the seventeenth-century Dutch insolvency to modern bankruptcy law. It then proceeds to analyze this famous insolvency had it occurred today. This case demonstrates the means by which insolvency law serves society's interests by providing debtors such as Rembrandt with a second chance to contribute to the …
Free To Follow The Rules: A Glimpse At The Role Of Iraqi Media, Past, Present, And Future Comment, Cheryl D. Kluwe
Free To Follow The Rules: A Glimpse At The Role Of Iraqi Media, Past, Present, And Future Comment, Cheryl D. Kluwe
Florida State University Journal of Transnational Law & Policy
The Iraqi media has always reflected the social attitudes of the people who controlled it and, to a much lesser degree, those of its recipients. This Comment is a brief foray into a few of the reasons for the recent changes in that dynamic. It is a discussion of how the transition of the native Iraqi media into a semblance of a free press has been affected by conditions both inside and outside of Iraq, public perception, and the U.S. government's varying influence over the Iraqi media. This short work as a whole underscores an uneasy symmetry between old attitudes …
A Legal Regime For State-Owned Companies In The Modern Era, Phillip Riblett
A Legal Regime For State-Owned Companies In The Modern Era, Phillip Riblett
Florida State University Journal of Transnational Law & Policy
Foreign state-owned companies (SOCs), particularly those in the energy sector, are more powerful than ever before. Yet under the Foreign Sovereign Immunities Act of 1976 (FSIA), agencies and instrumentalities-a category in which many SOCs fall-enjoy a presumption of immunity. At the same time, however, pursuant to the U.S. Supreme Court's 1983 decision in First National City Bank v. Banco Para el Comercio Exterior de Cuba, in most cases the foreign state also enjoys the benefit of legal separateness-i.e., it is very difficult for a third party to "pierce the corporate veil" between the sovereign and its subsidiary. Thus, SOCs enjoy …
Questioning The Silence Of The Bench: Reflections On Oral Proceedings At The International Court Of Justice, Cecily Rose
Questioning The Silence Of The Bench: Reflections On Oral Proceedings At The International Court Of Justice, Cecily Rose
Florida State University Journal of Transnational Law & Policy
The growth of the docket of the International Court of Justice over the last several decades has been both a sign of its success and a source of its troubles. Because the Court's continued attractiveness as a forum for dispute settlement depends not only on the quality of its judgments, but also on the efficiency of its procedures, the Court has responded by attempting to modernize its working methods. Literature concerning the weaknesses of the Court's procedures, however, has not focused on how oral proceedings suffer from an absence of direct exchanges between the judges and counsel. The judges' hesitancy …
The Case Of The Eroding Special Immigrant Juvenile Status, Wendi J. Adelson
The Case Of The Eroding Special Immigrant Juvenile Status, Wendi J. Adelson
Florida State University Journal of Transnational Law & Policy
This Article provides a case study of a larger problem in American administrative law: the creation of unexecuted rights, with a focus in particular on the recent degradation of the Special Immigrant Juvenile Status (SIJS). Nearly twenty years ago, Congress drafted legislation providing for a pathway to citizenship for unaccompanied minors. In subsequent years, the Department of Homeland Security has ignored Congress' mandate to issue policy directives implementing the benefits and privileges associated with SIJS in a manner that would allow eligible persons to take advantage of this status. After explicating the nature of this creeping erosion of the SIJS …
Peru's Too Expensive - I'Ll Get My Cheese From Chile: The Agricultural Market Access Provisions Of The U.S.-Chile Fta And The U.S.-Peru Tpa, Guillermo Gabriel Zorogastua
Peru's Too Expensive - I'Ll Get My Cheese From Chile: The Agricultural Market Access Provisions Of The U.S.-Chile Fta And The U.S.-Peru Tpa, Guillermo Gabriel Zorogastua
Florida State University Journal of Transnational Law & Policy
No abstract provided.
What Do We Owe Each Other In The Global Economic Order?: Constructivist And Contractualist Accounts, John Linarelli
What Do We Owe Each Other In The Global Economic Order?: Constructivist And Contractualist Accounts, John Linarelli
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Decentralized Proliferation Of International Judicial Bodies, Sang Wook Daniel Han
Decentralized Proliferation Of International Judicial Bodies, Sang Wook Daniel Han
Florida State University Journal of Transnational Law & Policy
No abstract provided.
The Conflict Between Facilitating International Trade And Protecting U.S. Agriculture From Invasive Species: Aphis, The U.S. Plant Protection Laws, And The Argentine Citrus Dispute, Terence P. Stewart, Caryn B. Schenewerk
The Conflict Between Facilitating International Trade And Protecting U.S. Agriculture From Invasive Species: Aphis, The U.S. Plant Protection Laws, And The Argentine Citrus Dispute, Terence P. Stewart, Caryn B. Schenewerk
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Book Review: Assessing The Cec's Impact On Nafta, Robert C. Hale
Book Review: Assessing The Cec's Impact On Nafta, Robert C. Hale
Florida State University Journal of Transnational Law & Policy
No abstract provided.
The Caribbean Basin Initiative: An Examination Of Structural Dependency, Good Neighbor Relations, And American Investment, Michael Cornell Dypski
The Caribbean Basin Initiative: An Examination Of Structural Dependency, Good Neighbor Relations, And American Investment, Michael Cornell Dypski
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Overcoming Apathetic Internationalism To Generate Hemispheric Benefits: Analysis Of And Arguments For Recent Secured Transactions Laws In Mexico, Hale S. Sheppard
Overcoming Apathetic Internationalism To Generate Hemispheric Benefits: Analysis Of And Arguments For Recent Secured Transactions Laws In Mexico, Hale S. Sheppard
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Sustainable Development: Reevaluating The Trade Vs. Turtles Conflict At The Wto, Virginia Dailey
Sustainable Development: Reevaluating The Trade Vs. Turtles Conflict At The Wto, Virginia Dailey
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Sizing Up The Wto: Trade-Environment Conflict And The Kyoto Protocol, Tania Voon
Sizing Up The Wto: Trade-Environment Conflict And The Kyoto Protocol, Tania Voon
Florida State University Journal of Transnational Law & Policy
No abstract provided.
The Capacity Of Chinese Enterprises To Engage In Foreign Trade: Does Restriction Help Or Hinder China's Trade Relations?, Mark Williams, Zhong Jianhua
The Capacity Of Chinese Enterprises To Engage In Foreign Trade: Does Restriction Help Or Hinder China's Trade Relations?, Mark Williams, Zhong Jianhua
Florida State University Journal of Transnational Law & Policy
No abstract provided.
The Precedent Setters: De Facto Stare Decisis In Two Adjudication (Part Two Of A Trilogy), Raj Bhala
The Precedent Setters: De Facto Stare Decisis In Two Adjudication (Part Two Of A Trilogy), Raj Bhala
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Foreign Trade Regulation Of Korea In The Wto World, Eun Sup Lee
Foreign Trade Regulation Of Korea In The Wto World, Eun Sup Lee
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Sovereignty And Delegation Issues Regarding U.S. Commitment To The World Trade Organization's Dispute Settlement Process, Mari Presley
Sovereignty And Delegation Issues Regarding U.S. Commitment To The World Trade Organization's Dispute Settlement Process, Mari Presley
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Carbbean Basin Initiative: Ten Years Of Trade Preference, James E. Stamps
Carbbean Basin Initiative: Ten Years Of Trade Preference, James E. Stamps
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Book Review: International Human Rights Law In The Commonwealth Caribbean, Daniel C. Turack
Book Review: International Human Rights Law In The Commonwealth Caribbean, Daniel C. Turack
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Positivism And The Rule Of Law, Formal Systems Or Concealed Values: A Case Study Of The Ehtiopian Legal System, John W. Van Doren
Positivism And The Rule Of Law, Formal Systems Or Concealed Values: A Case Study Of The Ehtiopian Legal System, John W. Van Doren
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Business Reorganization In The Caribbean: A Comparative Analysis Of Some Legislative Models, John Jeremie
Business Reorganization In The Caribbean: A Comparative Analysis Of Some Legislative Models, John Jeremie
Florida State University Journal of Transnational Law & Policy
No abstract provided.
United States Haitian Interdiction Policy: Sale V. Haitian Centers Council, Inc., Dario Perez
United States Haitian Interdiction Policy: Sale V. Haitian Centers Council, Inc., Dario Perez
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Oil Over Troubled Waters: The Constitutional Implications Of A Presidential Pre-Trial Pardon In Trinidad And Tobago, Albert K. Fiadjoe
Oil Over Troubled Waters: The Constitutional Implications Of A Presidential Pre-Trial Pardon In Trinidad And Tobago, Albert K. Fiadjoe
Florida State University Journal of Transnational Law & Policy
No abstract provided.
The Regimes For States Of Emergency In Commonwealth Caribbean Constitutions, Margaret Demerieux
The Regimes For States Of Emergency In Commonwealth Caribbean Constitutions, Margaret Demerieux
Florida State University Journal of Transnational Law & Policy
No abstract provided.
U.S. Science Policy And The International Transfer Of Technology, Ruth L. Gana
U.S. Science Policy And The International Transfer Of Technology, Ruth L. Gana
Florida State University Journal of Transnational Law & Policy
"Science policy is not and cannot be the subject of value-free inquiry."
The Development Of Insolvency Law In The Commonwealth Caribbean: A Brief Survey Of Potential Approaches, Timothy B. Desieno
The Development Of Insolvency Law In The Commonwealth Caribbean: A Brief Survey Of Potential Approaches, Timothy B. Desieno
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Commonwealth Caribbean Courts' Jurisdiction In Winding Up Of Foreign Corporations, Vincent W. Meerabux
Commonwealth Caribbean Courts' Jurisdiction In Winding Up Of Foreign Corporations, Vincent W. Meerabux
Florida State University Journal of Transnational Law & Policy
It is well established that the Courts in the Commonwealth Caribbean may wind-up a foreign corporation. The term "foreign corporation" refers to a corporation that is not incorporated in the country in which the court is exercising its winding-up jurisdiction. This article sets out the basic principles drawn from decided cases which should guide the court in the exercise of its ancillary windingup jurisdiction. Due to the absence of any reported cases from the West Indian Law Reports, cases from England were selected because insolvency laws in the Commonwealth Caribbean generally are modeled after the laws of England and the …
Unlocking The Interlocks: Common Law Fiduciary Duties And The Phenomenon Of Interlocking Corporate Directorates In The Commonwealth Caribbean, Darren Skinner
Unlocking The Interlocks: Common Law Fiduciary Duties And The Phenomenon Of Interlocking Corporate Directorates In The Commonwealth Caribbean, Darren Skinner
Florida State University Journal of Transnational Law & Policy
No abstract provided.