Law Commons^™

Solar Energy Policy In Canada: An Overview Of Recent Legislative And Community-Based Trends Towards A Coherent Renewable Energy Sustainability Framework, Kamaal Zaidi

Kamaal Zaidi

This paper outlines solar energy policy in Canada, in the hopes of advancing renewable energy policy. More specifically, the most recent advances in public policy relating to renewable energy are examined in selected provinces to show how solar energy is on the rise in Canada. The technology behind solar energy is briefly analyzed, while the legal aspects of solar energy are covered to build upon the discussion in various provinces. Since much of Canadian solar energy policy draws from Germany, Japan, and the United States, these three jurisdictions are mentioned to show their solar energy policies. The paper ends with …

Trading The Shield Of Sovereignty For The Scales Of Justice: A Proposal For Reform Of International Sea Piracy Laws, Mike Madden

Bocconi Legal Papers

Contemporary piracy represents a large and complex threat to international security. The crime has evolved to the extent that it no longer conforms to its antiquated definition, and the rationales that underlie the ‘high seas’, ‘private ends’ and ‘two ships’ requirements of the crime articulated within UNCLOS 1982 have no relevance in the new millennium. Piracy should be redefined to include the kinds of maritime crimes that are commonly perpetrated on the seas, and a very broad notion of universal jurisdiction should attach to the crime, such that any state would be permitted to enter the territorial sea of another …

Vietnam's Eligibility To Receive Trade Benefits Under The U.S. Generalized System Of Preferences, Alexander H. Tuzin

Alexander H. Tuzin

Last year, Vietnam officially requested to receive trade benefits under the U.S. Generalized System of Preferences (GSP) as a beneficiary developing country. The accompanying article initially examines the role of GSP programs within the WTO system, and then provides a comprehensive analysis of Vietnam’s prospects for receiving trade benefits under the U.S. GSP system. Vietnam remains a very poor country, and it could benefit considerably from preferential treatment under the U.S. GSP program. However, Vietnam’s compliance with the GSP eligibility criteria is problematic. In particular, Vietnam’s protections for both intellectual property rights and worker rights are inadequate. Ultimately, this article …

Listening To Indigenous Voices: What The Un Declaration On The Rights Of Indigenous Peoples Means For U.S. Tribes, Aliza G. Organick

Aliza G. Organick

When the UN Declaration on the Rights of Indigenous Peoples was adopted by the United Nations General Assembly in September, 2009, it was heralded as a major victory for all of the world’s Indigenous Peoples, as well as international human rights. This remarkable effort took over two decades to come to fruition and recognizes that Indigenous Peoples worldwide continue to suffer from the dispossession of their lands and resources and that existing human rights documents did not do enough to protect those rights. The Declaration not only reaffirms the basic human rights recognized in the Universal Declaration on Human Rights, …

The Case Of Binyam Mohamed: National Security Or National Embarrassment?, Diane Webber

Diane Webber

This paper reviews the case of Binyam Mohamed, a British resident and former Guantanamo detainee. Mohamed’s case generated litigation in four different places: 1) proceedings in the military commissions court in Guantanamo Bay to try him under terrorist charges; 2) federal proceedings under an application for habeas corpus in the US District Court in Washington D.C.; 3) an application in the High Court in London where Mohamed’s lawyers sought disclosure of exculpatory material that the US had refused to provide to his US attorneys; and 4) a civilian litigation action under the Alien Tort Statute action in California in which …

Protecting The Playground: Options For Confronting The Iranian Regime, Christopher C. Donaldson, Dr. Bryan P. Schwartz

Christopher C Donaldson

The Iranian regime is threatening Israel and the West. Governments are growing increasingly frustrated with this regime. There are six options to approach this regime – diplomatically, economically and militarily, each in a positive and negative way. This article reviews these six options with regard to the Iranian regime and recommends a course of action that is likely to bring an end to the confrontation.

Things Fall Apart: The Illegitimacy Of Property Rights In The Context Of Past Theft, Bernadette Atuahene

All Faculty Scholarship

In many states, past property theft is a volatile political issue that threatens to destabilize nascent democracies. How does a state avoid instability when past property theft causes a significant number of people to believe that the property distribution is illegitimate? To explore this question, I first define legitimacy relying on an empirical understanding of the concept. Second, I establish the relationship between inequality, illegitimate property distribution, and instability. Third, I describe the three ways a state can achieve stability when faced with an illegitimate property distribution: by using its coercive powers, by attempting to change people’s beliefs about the …

Medellin, Delegation And Conflicts (Of Law), Peter B. Rutledge

Scholarly Works

The case of Medellin v. Texas presented the Supreme Court with a recurring question that has bedeviled judges, legal scholars, and political scientists-what effect, if any, must a United States court give to the decision of an international tribunal, particularly where, during the relevant time, the United States was party to a treaty protocol that bound it to that tribunal's judgments. While the Supreme Court held that the International Court of Justice's ("ICJ") decision was not enforceable federal law, its decision reflected an important recognition that the issues presented in that case were not limited to the specific area of …

U.S. Immigration Law And The Traditional Nuclear Conception Of Family: Toward A Functional Definition Of Family That Protects Children's Fundamental Human Rights, Shani M. King

UF Law Faculty Publications

Although the paramount purpose of United States immigration law is not to protect the integrity of family, U.S.immigration law does explicitly aim to do so in certain circumstances. The Immigration and Nationality Act (INA) includes family reunification provisions, for example, which allow United States citizens and lawful permanent residents to petition for family members who live in other countries to join them in the United States. Even the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), often described as a draconian statute, technically allows otherwise removable "aliens" to remain in the United States if removal would result in …

“Ever Thine, Ever Mine, Ever Ours”? The European Union’S Common Foreign And Security Policy Expressed Through International Organizations., Ian Foss

Ian Foss

The European Union (EU) is perhaps the most successful example of multilateralism to date. Not only has the EU prevented the scourge of war from bloodying Europe’s soil since its inception as the European Coal and Steel Community, but it has also become one of the largest trading blocs in the world, promoter of Human Rights, and counterweight to United States hegemony. States are loath to give up their sovereignty, but remarkably, EU member states have been doing just that, albeit incrementally, since the 1950s. Recently, the EU has increased its action internationally; however, international relations realists balk at the …

Rape As A Weapon Of Peace: A Legal And Psycological Analysis Of How The Pervasive Violence Against Women Leads To The Deterioration Of A Country’S Economy, Health And General Welfare., Lucette Pierre-Louis

Lucette Pierre-Louis Ms.

Much has been written about rape and how it has been used as a weapon of war. In Haiti, the subject of rape has falsely been used as a tactic of peace due to the miniscule role of women. Haiti has neglected to take action to prosecute rape offenders since it is an accepted practice and unmentioned silent crime. This paper will use Haiti as a case study demonstrating how a third world underdeveloped country’s lack of protection against women has a direct impact on the viability of the country.

A Legal Chameleon -- An Examination Of The Good Faith Doctrine In Chinese And U.S. Contract Laws, Chunlin Leonhard

Chunlin Leonhard

When China promulgated its first comprehensive contract law a decade ago, it ostensibly adopted the good faith doctrine as a basic contract law principle. The Contract Law of the People’s Republic of China (“Chinese Contract Law”) requires that parties observe good faith as a general principle. The U.S. contract law has also generally recognized the good faith doctrine as a “fundamental concept of modern contract jurisprudence.” Advocates on both sides of the Pacific praise the doctrine for its elasticity and adaptability which allow the courts to use the doctrine to fill in gaps where necessary. Detractors on both sides of …

21st Century Trade Agreements: Implications For Development Sovereignty, Rachel D. Thrasher, Kevin P. Gallagher

Rachel D Thrasher

This paper examines the extent to which the emerging world trading regime leaves nations the “policy space” to deploy effective policy for long-run diversification and development and the extent to which there is a convergence of such policy space under global and regional trade regimes. We examine the economic theory of trade and long-run growth and underscore the fact that traditional theories lose luster in the presence of the need for long-run dynamic comparative advantages and when market failures are rife. We then review a “toolbox” of policies that have been deployed by developed and developing countries past and present …

Commerical Logic And The Doha Round: Will Pope's Encyclical Letter Impact Global Trade And Development Planning, Karen A. O'Rourke

Karen A. O'Rourke

Abstract: Relying on the Church’s principles of social doctrine , the Encyclical Letter released June29,2009, underscore the needed policy focus to create new forms of engagement both at the level of international “private” economics and at the level of private -public partnerships that support international commerce and development. Emphasis is placed on the broad concepts of authentic human development within a new context of a fully humane global economy where forms of future commercial enterprise can be based on reciprocity and where commercial logic and the current notions of economic utility are not opposed to new forms of economic democracy. …

Through A Russian Looking Glass: The Development Of A Russian Rule Of Law And Democracy, Whitney R. Cale

Whitney R Cale

U.S. policymakers, scholars, and citizens alike, have failed to recognize the reality of Russian law and democracy today. Instead, they have embraced a distorted view that concludes that Russian leadership has “hijacked” Russia. This Article challenges this dominant view arguing arguing that a more nuanced approach to Russia is necessary. Specifically, Russia’s multi-faceted and storied history, and intensely fervent nationalism have formed a unique worldview that provides the lens through which to view that country’s understanding of the rule of law and democracy. It is through this lens that the Russia of today may be reconciled, because although Russian leaders’ …

International Corrupt Practices Law, Paul D. Carrington

Paul D. Carrington

This essay addresses the current international movement striving to deter transnational corrupt practices that weaken many governments and burden the global economy. It responds to present concerns that the international laws made in the last decade to address this global problem have not been effectively enforced. It describes moderately successful efforts in the United States since 1862 to generously reward private citizens serving as enforcers of its laws prohibiting corrupt practices. It suggests that this American experience might be adapted by international organizations to enhance enforcement of the new international laws deterring corrupt practices.

Does The Nba Still Have Market Power? Exploring The Implications Of An Increasingly Global Market For Men's Basketball Player Labor, Marc Edelman

Marc L Edelman

In the March 2002 case Fraser v. Major League Soccer, the First Circuit Court of Appeals upheld a jury’s finding that America’s twelve Major League Soccer clubs (“MLS”) compete in an international market for men’s professional soccer labor. The court then held that the MLS clubs do not have enough market power to collude illegally under Section 1 of the Sherman Act. At the time when Fraser was decided, few believed the case would become relevant to America’s other professional sports leagues. Indeed, at that time, most other American sports clubs did not compete with foreign clubs for premier men’s …

A Long And Winding Road: The Doha Round Negotiation In The World Trade Organization, Sungjoon Cho

Sungjoon Cho

This article provides a concise history of the Doha Round negotiation, analyzes its deadlock and offers some suggestions for a successful deal. The article observes that the nearly decade long negotiational stalemate is symptomatic of the diametrically opposed beliefs on the nature of the Round between developed and developing countries. While developed countries appear to be increasingly oblivious of Doha’s exigency, i.e., as a “development” round, developing countries vehemently condemn the developed countries’ narrow commercial focus on the Doha Round talks. It will not be easy to untie this Gordian knot since both Worlds tend to think that no deal …

Shifting The Paradigm: Broadening Our Understanding Of Agriculture And Its Impact On Climate Change, Annise Maguire

Annise Maguire

Scientists have determined that the Earth is warming at an unprecedented rate. Governments around the world are in near unanimous agreement about the existence of climate change and the threat it poses. Further, there is a growing consensus within the global scientific community that the primary cause of climate change is increased emissions of greenhouse gases (GHGs) related to human activities. At best, it appears that human actions are exacerbating the natural heating of the earth; at worst, humans are the primary cause of the rapid rise in temperatures.

Unfortunately, policies enacted to date have failed to take into account …

Power And Perception: The Special Tribunal For Lebanon, Melia Amal Bouhabib

Melia Amal Bouhabib

On March 1, 2009, the long-anticipated Special Tribunal for Lebanon finally opened its doors. The STL has been hailed as a triumph against impunity and “a decisive milestone” in the quest for justice. Nonetheless, the Tribunal has been fraught with complications since the outset and faces significant challenges as it forges ahead. The use of Chapter VII powers to impose the Tribunal coupled with an exceedingly narrow mandate relying solely on domestic law, has led to criticisms that the Tribunal is impartial, and at the worst, illegal. Moreover, with a contentious history of U.N. involvement, including an extensive and controversial …

Medellin, The President’S Foreign Affairs Power And Domestic Law, Arthur M. Weisburd

Arthur M. Weisburd

In this article, Professor Weisburd explores the implications of Medellín v. Texas for the President’s authority to affect domestic law through reliance on his authority to conduct the foreign affairs of the United States. He argues that the Court was correct to reject arguments that, on the facts of the case, the President could look to a delegation of authority from Congress or from the Senate as treaty-maker, or that President could treat the matter as resting on his power to settle claims against foreign governments, or that the President’s obligation to “take care that the laws be faithfully executed” …

A Long And Winding Road: The Doha Round Negotiation In The World Trade Organization, Sungjoon Cho

All Faculty Scholarship

This article provides a concise history of the Doha Round negotiation, analyzes its deadlock and offers some suggestions for a successful deal. The article observes that the nearly decade long negotiational stalemate is symptomatic of the diametrically opposed beliefs on the nature of the Round between developed and developing countries. While developed countries appear to be increasingly oblivious of Doha’s exigency, i.e., as a “development” round, developing countries vehemently condemn the developed countries’ narrow commercial focus on the Doha Round talks. It will not be easy to untie this Gordian knot since both Worlds tend to think that no deal …

Os “Quora” Nos Tribunais Superiores E A Legitimidade De Seus Precedentes: A Decisão Sobre O Recurso Prematuro No Superior Tribunal De Justiça., Nelson Rodrigues Netto

Nelson Rodrigues Netto

No abstract provided.

Meaningful Participation In A Global Climate Regime, Bryant Walker Smith

Bryant Walker Smith

An effective climate regime must be global rather than merely international and must contemplate the significant involvement of actors other than states. “Meaningful participation” in a global climate regime is already occurring in the Global South. That participation helps to satisfy the existing international legal obligations undertaken by developing states and merits greater recognition in future legal regimes. Moreover, that participation constitutes a form of global governance separate from the United Nations Framework Convention on Climate Change (UNFCCC) and, regardless of its legal status, deserves greater attention in practical efforts to address climate change.

The article has several parts. First, …

The Future Of Harmonization: Soft Law Instruments And The Principled Advance Of International Lawmaking, Robert A. Pate

Robert A Pate

With vast amounts of financial and intellectual capital already being spent on international harmonization, inefficiencies infecting the lawmaking process render it ineffective and threaten the goodwill of the whole enterprise. This paper represents a synthesis of some of the most meaningful criticism about the perceived failures of the classic vehicle for harmonization—international conventions. In it, we have highlighted these failures, looked for their underlying causes, and searched for compelling soft law alternatives. This paper seeks to show that, above all, conventions suffer from over ambition. By intervening in the legal marketplace, underestimating national distrust and legal conflict, and insisting on …

The Final Frontier: Incorporating Aspects Of Culture And History In The Formation Of A Workable, Legal Framework For Outer Space, Brett S. Janos

Brett S. Janos

No abstract provided.

Leaders Behaving Badly: The Perils Of Bad Governance By Africa's Tyrants Masquerading As Democrats, Okechukwu Oko

Okechukwu Oko

. Abstract This paper examines the condition of governments in Africa and provides a critical analysis of the problems that deform governance and prevent leaders from delivering the promises of democracy to their citizens. Democracy initiated in the hopes of improving the welfare of citizens risks turning into a plaque, perhaps even absolutism because, far too often, elected leaders operate governments antipodal to democracy. Leaders obsessed with cultivating power and advancing their selfish interests and agendas have ignored the important tasks of deepening democracy and improving the circumstances of their citizens. Despite the establishment of constitutional democracy, African leaders continue …

Youngstown’S Fourth Tier. Is There Zone Of Insight Beyond The Zone Of Twilight?, Josh Blackman, Elizabeth Bahr

Josh Blackman

Justice Jackson’s tripartite analysis in Youngstown Sheet & Tube serves as the seminal framework to resolve national security and separation of powers issues. Examining national security and separation of powers cases that have employed the flexible and functionalist Youngstown framework yields a curious, and previously unidentified revelation. This article addresses this irregularity, and explains how in fact the Supreme Court has adopted an implied fourth tier of Youngstown. In some cases, the Supreme Court ostensibly applied the Youngstown framework, yet the Court’s analysis cannot be reasonably pigeonholed into one of the three tiers. Thus, the Court has implicitly recognized a …

Virtual Territoriality, Edward J. Janger

Edward J. Janger

Abstract Virtual Territoriality Edward J. Janger David M. Barse Professor Brooklyn Law School Current efforts to unify the laws of secured credit and bankruptcy are predicated on the belief that regularizing the law of debtor’s rights and creditor’s remedies will cause global business to flourish, and benefit both developed and less-developed countries. Certain and predictable remedies for creditors will facilitate lending and development, and coordination among courts will create opportunities to protect the going concern value of troubled businesses. The benefits that accompany such legal harmonization may, however, come at a price. Centralizing control of a bankruptcy case may create …

Harmonization Of International Legal Structure For Fostering Professional Services: Lessons From Early U.S. Federal-State Relations, Deth Sao

Deth Sao

In the current global marketplace, liberalization of trade in professional services (“services”) presents one of the biggest challenges and profitable opportunities for the international community. Changes in technology and state privatization polices over the past half century have made services the fastest growing sector in international trade. Despite such a transformation, the potential for further innovation and expansion in the services industries is in jeopardy. In response to public policy and regulatory concerns and political pressures to protect domestic jobs and industries, states have adopted a plethora of state-initiated discriminatory and restrictive policies against trade in services. Because existing international …