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Articles 1 - 30 of 65
Full-Text Articles in Law
International Cooperation Over Water Use In Central Asia, Jaume Saura Estapà
International Cooperation Over Water Use In Central Asia, Jaume Saura Estapà
Jaume Saura Estapà
The aim of this paper is to analyse one of the key factors for understanding the region ofCentral Asia: its distinctive relationship to water resources. The first section examines the management of water resources in the region from the viewpoint of the obligation of cooperation established in general international law. Then, we explore the implications of water management in terms of the rights of citizens, regional cooperation in the management, conservation and sustainable development of the inland fisheries of Central Asia, and cooperation in the generation and distribution of hydroelectric power in the region.
Public Policy In International Investment And Trade Law: Community Expectations And Functional Decision-Making, Diane A. Desierto
Public Policy In International Investment And Trade Law: Community Expectations And Functional Decision-Making, Diane A. Desierto
Diane A Desierto
This article uses a contextual policy-oriented approach to assess how the standing debate on a State's regulatory freedom has been treated within international investment law (e.g. case-by-case interpretation of variant treaty design in each case), in contrast with how the issue of domestic regulatory autonomy in international trade law has evolved towards coordination (e.g. attempted harmonization of the same set of instruments). The article submits a different view from many primarily trade law/investment law scholars (and other systemic integrationists who idealize a seamless shift from trade law to investment law), who have postulated that this fundamental issue of State regulatory …
The International Criminal Court And Lubanga: The Feminist Critique And Jus Cogens, Eric Allen Engle
The International Criminal Court And Lubanga: The Feminist Critique And Jus Cogens, Eric Allen Engle
Bocconi Legal Papers
The Lubanga decision, despite procedural missteps, further anchors the prohibition of child soldiers and child auxiliaries under international law. Feminist criticisms of Lubanga misapprehend the potential of Lubanga to attain the types of legal victories feminists strive for. While one can criticize Lubanga as a matter of procedure, Lubanga methodically strengthens the prohibition of child soldiery. The prohibition of child soldiers, like the prohibition of wartime rape, forced prostitution, and child sex-tourism are or are becoming jus cogens norms. Lubanga contributes to this coherence of jus cogens and sets the stage for extension of its logic into other wrongs committed …
Efficient Breach In The Common European Sales Law (Cesl), Wenqing Liao
Efficient Breach In The Common European Sales Law (Cesl), Wenqing Liao
Wenqing Liao
In the classic economic theory, it is suggested that contract law should be structured in such a way that efficient breaches (i.e. those increasing social welfare) would be promoted. The default remedy of expectation damages was justified on this cognition. Nowadays, more and more suspects and critiques are raised against the so called simple efficient breach model. The aim of this paper is to re-sketch the theory of efficient breach and to compare the consequences resulting from economic analysis with the remedy rules of the Common European Sales Law (CESL). It is proposed that the doctrine of efficient breach has …
Efficient Breach In The Common European Sales Law (Cesl), Wenqing Liao
Efficient Breach In The Common European Sales Law (Cesl), Wenqing Liao
Wenqing Liao
In the classic economic theory, it is suggested that contract law should be structured in such a way that efficient breaches (i.e. those increasing social welfare) would be promoted. The default remedy of expectation damages was justified on this cognition. Nowadays, more and more suspects and critiques are raised against the so called simple efficient breach model. The aim of this paper is to re-sketch the theory of efficient breach and to compare the consequences resulting from economic analysis with the remedy rules of the Common European Sales Law (CESL). It is proposed that the doctrine of efficient breach has …
Flawed Transparency: Shared Data Collection And Disclosure Challenges For Google Glass And Similar Technologies, Jonathan I. Ezor
Flawed Transparency: Shared Data Collection And Disclosure Challenges For Google Glass And Similar Technologies, Jonathan I. Ezor
Jonathan I. Ezor
Current privacy law and best practices assume that the party collecting the data is able to describe and disclose its practices to those from and about whom the data are collected. With emerging technologies such as Google Glass, the information being collected by the wearer may be automatically shared to one or more third parties whose use may be substantially different from that of the wearer. Often, the wearer may not even know what information is being uploaded, and how it may be used. This paper will analyze the current state of U.S. law and compliance regarding personal information collection …
Can Self-Regulation Work? Lessons From The Private Security And Military Industry, Daphne Richemond-Barak
Can Self-Regulation Work? Lessons From The Private Security And Military Industry, Daphne Richemond-Barak
Daphne Richemond-Barak
Various efforts have been undertaken in recent years to clarify the legal framework governing the outsourcing of security and military functions to private actors. While national and international legislation have made little progress, self-regulation has advanced steadily. The article provides the first normative assessment of self-regulation in the private security and military industry – and as such offers interesting insights for other industries that are transnational in reach and under-regulated by domestic, regional, and international law. Though industry critics tend to deplore the normative 'softness' of self-regulation and its voluntary nature, it appears to have shifted behavioral norms and triggered …
Enhancing Human Rights Through European Integration: How Recent Litigation Before The European Court Of Human Rights And The Court Of Justice Of The European Union Has Advanced European Aslyum Law, Clara Presler
Clara Presler
Recent case law from the two European courts charged with protecting human rights -- the European Court of Human Rights and the Court of Justice for the European Union -- reveals mutual influence that has enhanced protection of asylum seekers. The two courts’ willingness to engage in the other’s legal reasoning has resulted in rapid development in the areas of eligibility for asylum protection, detention of asylum seekers, and the Dublin II Regulation. This interplay has occurred despite the fact that the courts are not formally bound to each other, and each employs different procedures, mandates, and substantive law. In …
Integrating African Markets Into The Global Exchange Of Services: A Central African Perspective, Regis Y. Simo
Integrating African Markets Into The Global Exchange Of Services: A Central African Perspective, Regis Y. Simo
Regis Y. Simo
Services liberalisation has gradually become very important for growth in developed and less-developed countries alike and can, as such, be seen as development prospects for sub-Saharan Africa where numerous economic integration attempts are stories of repeated failures. Despite the abundant literature on PTAs, however, little attention has been given to Central Africa Economic and Monetary Community (CEMAC) as a trade bloc. This is an attempt to address that dearth
At a time when “boosting intra-African trade” is gaining currency on the continent, this article tests the compatibility of the potential CEMAC economic integration agreement (EIA) against the background of the …
A Proposal For Resolving The Justice Versus Peace Dilemma, Kenneth Williams
A Proposal For Resolving The Justice Versus Peace Dilemma, Kenneth Williams
Kenneth Williams
Those who commit human rights violations have historically not been held accountable for their actions. That is no longer the case. The modern trend is to prosecute individuals who commit human rights atrocities. As the United Nations Secretary General has noted, international law has evolved from an "old era of impunity" to a "new age of accountability." Most international scholars would support this trend. However, the prospect of criminal prosecution may cause human rights violators to be more reluctant to give up power and agree to any peaceful resolution of a conflict. This article makes the case that a one …
The Problem Of Thirst: The Right To Equality And The Unlawful Privatization Of Water, Kasari Jl Govender
The Problem Of Thirst: The Right To Equality And The Unlawful Privatization Of Water, Kasari Jl Govender
Kasari JL Govender
The problem of thirst is a massive one, and a child dies every 15 seconds from disease related to lack of access to safe, clean water. Privatization is touted as the solution to water injustice, despite evidence that privatization of water services only increases water deprivation for the poorest citizens. This paper examines whether a privatized for-profit system of water access for personal use infringes the human right to water, and whether states have a legal responsibility to protect their citizens from any and all third party business interests in water. The problem of thirst is considered from the perspective …
Conflict Minerals And The Law Of Pillage, Patrick J. Keenan
Conflict Minerals And The Law Of Pillage, Patrick J. Keenan
Patrick J. Keenan
The illicit exploitation of natural resources—often called conflict minerals—has been associated with some of the worst violence in the past half-century, especially in the Democratic Republic of Congo. Prosecutors and scholars have struggled to develop legal tools to adequately hold accountable those who have been responsible for the exploitation of civilians and resources in conflict. The most common legal tool, the crime of pillage, has been inadequate because it has been applied only to discrete, relatively small episodes of theft. As important as it has been, the episodic theory is of limited utility when applied to what have been called …
Foreign Direct Investment In Post-War Iraq: An Investor's Introductory Guide To The Legal Framework, Jordan E. Toone
Foreign Direct Investment In Post-War Iraq: An Investor's Introductory Guide To The Legal Framework, Jordan E. Toone
Jordan E. Toone
In spite of its troubled past and ongoing internecine violence, Iraq today stands at the threshold of economic opportunity in ways that few developing states—much less war-torn states like Iraq—could imagine. The Iraq National Investment Commission reported, for example, that in 2010, 178 companies filed for investment licenses totaling $10.5 billion. Currently, the primary foreign participants in Iraq’s post-war economic expansion are sophisticated multinational corporations (MNC), many of which have experience investing in politically and economically unstable markets, including those in the Middle East and North Africa (MENA) region. In their efforts to capitalize on Iraq’s unrivalled natural resources and …
Theory Of Constitutional Comparison, Sebastian Müller-Franken Prof. Dr
Theory Of Constitutional Comparison, Sebastian Müller-Franken Prof. Dr
sebastian müller-franken prof. dr
The article looks into constitutional comparison from a theoretical perspective. It shows the variety of different purposes this juridical discipline pursuits. So constitutional comparison for example takes advantage creating constitutional theory or gives an orientation for constititional politics. The article also shows how constitutional comparison can render benefits for the application of constitutional law without giving up national sovereignty.
The Rule Of Law Goes To Work: How Collective Bargaining May Promote Access To Justice In The U.S., Canada, And Around The World, Christopher David Ruiz Cameron
The Rule Of Law Goes To Work: How Collective Bargaining May Promote Access To Justice In The U.S., Canada, And Around The World, Christopher David Ruiz Cameron
Christopher David Ruiz Cameron
No abstract provided.
Right To Asylum Under International Human Rights Law And Edward Snowden Case, Dr Nafees Ahmad
Right To Asylum Under International Human Rights Law And Edward Snowden Case, Dr Nafees Ahmad
Dr Nafees Ahmad
No abstract provided.
A Maelstrom Of International Law And Intrigue: The Remarkable Voyage Of The S.S. City Of Flint, Andrew J. Norris
A Maelstrom Of International Law And Intrigue: The Remarkable Voyage Of The S.S. City Of Flint, Andrew J. Norris
Andrew Norris
No abstract provided.
„Zuerst Schlichten, Dann Richten“: O Modelo Suíço De Solução De Litígios Pré-Processual É Adequado Para O Brasil?, Nelson Rodrigues Netto
„Zuerst Schlichten, Dann Richten“: O Modelo Suíço De Solução De Litígios Pré-Processual É Adequado Para O Brasil?, Nelson Rodrigues Netto
Nelson Rodrigues Netto
Dieser Aufsatz analysiert die Schlichtung und die Mediation in der Schweizerische Zivilprozessordnung.
Kiobel, Extraterritoriality, And The "Global War On Terrorism", Craig Martin
Kiobel, Extraterritoriality, And The "Global War On Terrorism", Craig Martin
Craig Martin
For the purpose of exploring the issues of extraterritoriality raised in Kiobel v. Royal Dutch Petroleum Co., this project sought to examine how the federal courts have considered extraterritoriality in cases arising in the so-called “global war on terror” (GWOT). The inquiry leads to some new and arguably important observations about extraterritoriality in the GWOT policies and related jurisprudence. The plaintiffs in Kiobel claimed, under the Alien Tort Statute (ATS), that the defendant corporations were liable for complicity in Nigeria’s conduct of indefinite detention, torture, and extrajudicial killing. The U.S. Supreme Court departed from the issue of corporate liability under …
Foreign Investment-Induced Migration In Colombia: Rethinking The Legal Schemes Of Protection And Accountability, Marco A. Velásquez-Ruiz
Foreign Investment-Induced Migration In Colombia: Rethinking The Legal Schemes Of Protection And Accountability, Marco A. Velásquez-Ruiz
Marco A. Velásquez-Ruiz
This paper intends to explore the relation between foreign investment and forced Migration in the context of Colombian armed conflict. Through the illustration of recent cases, it shows the various forms in which the operation of multinational corporations has generated adverse effects to the vulnerable communities located at their area of influence, thus generating processes of involuntary human mobility. In that way, it is established that there is a symbiotic relation between conflict and development, affecting the structure and scope of the norms for both the protection of forced migrants and accountability for human rights violations. This is so because …
Global Poverty And The Right To Development In International Law, Patrick Macklem
Global Poverty And The Right To Development In International Law, Patrick Macklem
Patrick Macklem
This Article advances an account of the right to development as a legal instrument that holds the international legal order accountable for its role in the production and reproduction of global poverty. It first distinguishes moral conceptions of human rights, as instruments that protect universal features of humanity, from legal conceptions, which tie their existence to their specification in international instruments promulgated in compliance with international legal norms governing the creation of legal rights and obligations. Despite textual ambiguities in the various instruments in which it finds expression, the right to development vests in individuals and communities who have yet …
International Environmental Law As An Art And A Craft, Jae-Hyup Lee
International Environmental Law As An Art And A Craft, Jae-Hyup Lee
Jae-Hyup Lee
This is a review article about Professor Daniel Bodansky's "The Art and Craft of International Environmental Law." The book provides an accessible, yet comprehensive, overview of international environmental law, a field that has undergone rapid development and has become one of the most important issues of our time. Although there are many treatises and casebooks on this subject, this single source stands out because of its thematic and pragmatic approaches to the problem. Author's characterization of international environmental law as an "art" and a "craft" quite convincing and every reader will enjoy reading this excellent book.
Internet Control Or Internet Censorship? Comparing The Control Models Of China, Singapore, And The United States To Guide Taiwan’S Choice, Jeffrey Li
Jeffrey Li
Internet censorship generally refers to unjustified online speech scrutiny and control by the government or government-approved measures for Internet control. The danger of Internet censorship is the chilling effect and the substantial harm on free speech, a cornerstone of democracy, in cyberspace. This paper compares China’s blocking and filtering system, the class license system of Singapore, and the government-private partnership model of the United States to identify the features, and pros and cons of each model on the international human rights. By finding lessons from each of the model, this paper suggests Taiwan should remain its current meager internet control …
Reforma Agraria, Violencia Y Derecho En Colombia, Marco A. Velásquez-Ruiz
Reforma Agraria, Violencia Y Derecho En Colombia, Marco A. Velásquez-Ruiz
Marco A. Velásquez-Ruiz
El hecho de que éste sea uno de los asuntos fundamentales a discutir llama la atención pero no es fortuito; refleja el carácter constitutivo de los problemas de inequidad sobre la tierra en el desarrollo del fenómeno de la violencia en Colombia. Teniendo en cuenta que dentro de los fines del Estado –y de su ordenamiento jurídico– se encuentra tanto la preservación de la seguridad e integridad de sus asociados, como la garantía de condiciones mínimas de subsistencia, ¿Cuál ha sido entonces el papel del derecho en dicho proceso?
Como se verá a continuación a través de una breve exploración …
International Law, The Civilizing Mission And The Ambivalence Of Development In Africa: Conceptual Underpinnings, Amin George Forji
International Law, The Civilizing Mission And The Ambivalence Of Development In Africa: Conceptual Underpinnings, Amin George Forji
Amin George Forji
International law, past and present has had to constantly wrestle with striking a balancing act between legality and imperialism. Following the Agrarian and Industrial revolutions, European1 economies increasingly witnessed profound boosts in productivity and net output beginning from the 17th century. By the start of the 19th century when explorations and discoveries were the currency of the day, European powers increasingly saw the acquisition of Africa as crucial to satisfy its economic imperatives namely: reinforcing home industries and instituting a market for finished products. While professing liberal moralism, European encroachment into Africa became suddenly exemplified with a turn from informal …
Los Límites Del Derecho Internacional En Contextos Globales: Comentario Sobre Los Alcances De La Decisión De La Corte Internacional De Justicia En El Caso Del Diferendo Nicaragua-Colombia, Marco A. Velásquez-Ruiz
Los Límites Del Derecho Internacional En Contextos Globales: Comentario Sobre Los Alcances De La Decisión De La Corte Internacional De Justicia En El Caso Del Diferendo Nicaragua-Colombia, Marco A. Velásquez-Ruiz
Marco A. Velásquez-Ruiz
No abstract provided.
A Failure To Consider: Why Lawmakers Create Risk By Ignoring Trade Obligations, David R. Kocan Professor
A Failure To Consider: Why Lawmakers Create Risk By Ignoring Trade Obligations, David R. Kocan Professor
David R. Kocan Professor
The U.S. Congress frequently passes laws facially unrelated to trade that significantly impact U.S. trade relations. These impacts are often harmful, significant, and long-lasting. Despite this fact, these bills rarely receive adequate consideration of how they will impact trade. Without this consideration, Congress cannot properly conduct a cost-benefit analysis necessary to pass effective laws. To remedy this problem, the U.S. Trade Representative should evaluate U.S. domestic law to determine whether it is consistent with international trade obligations. Moreover, the U.S. Congress committee structure should be amended so that laws that might impact trade are considered within that light. In the …
The Separation Of Powers, Constitutionalism And Governance In Africa: The Case Of Modern Cameroon, John Mukum Mbaku
The Separation Of Powers, Constitutionalism And Governance In Africa: The Case Of Modern Cameroon, John Mukum Mbaku
JOHN MUKUM MBAKU
The Separation of Powers, Constitutionalism and Governance in Africa: The Case of Modern Cameroon
John Mukum Mbaku, Esq.
Abstract
Countries incorporate the principle of the separation of powers in their constitutions in an effort to meet several goals, the most important of which is to minimize government-induced tyranny. Specifically, countries that make this principle part of their constitutional practice intend to limit public servants by national laws and institutions, enhance government accountability, minimize opportunistic behaviors by civil servants and politicians, provide for checks and balances, and generally improve government efficiency. Cameroon, like many other African countries that transitioned to democratic …
Social Protection Afforded To Irregular Migrant Workers: Thoughts On International Norms, The Southern African Development Community, Botswana And South Africa, Bruno Ps Van Eck, Felicia Snyman
Social Protection Afforded To Irregular Migrant Workers: Thoughts On International Norms, The Southern African Development Community, Botswana And South Africa, Bruno Ps Van Eck, Felicia Snyman
Bruno PS Van Eck
The majority of migrant workers target those countries in southern Africa that have stronger economies. Irregular migrants are in a particularly vulnerable position, and this article discusses the protection that this category of persons may expect to experience in the southern African region. The authors recommend that the broad notion of “social protection”, rather than the narrower concept “social security” should be emphasized. International, continental and regional instruments providing protection to irregular migrants are traversed and the constitutional and legislative frameworks in relation to social protection in Botswana and South Africa are compared. The article concludes that there are significant …
U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii
U.S. Asylum Law As A Path To Religious Persecution, Jack C. Dolance Ii
Jack C Dolance II
U.S. asylum law protects against persecution “on account of . . . religion.” But must the law protect a non-believer seeking religious asylum in the United States? Many may instinctively answer “no,” for a non-believer is by most definitions not “religious.” Such a response misses the mark however — at least in the context of U.S. asylum law, which is subject to the First Amendment. The protection of religious liberty enshrined in the First Amendment embodies freedom from persecution on account of one’s “religion” — in whatever form that religion may take. In the asylum context, then, “religion” must be …