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Full-Text Articles in Law
Alteration Of The Contractual Equilibrium Under The Unidroit Principles, Amin Dawwas
Alteration Of The Contractual Equilibrium Under The Unidroit Principles, Amin Dawwas
Pace International Law Review Online Companion
This paper addresses the principles of hardship and specific performance as being unreasonably burdensome or expensive both in terms of their definitions and legal consequences. This paper argues that, in a situation of hardship, the debtor can choose to invoke either the rules of section 6.2 (hardship) or the defense to specific performance under Article 7.2.2-b of the UNIDROIT Principles of International Commercial Contracts (“UNIDROIT Principles”). Yet, while in a situation where performance of the contract becomes “unreasonably burdensome or expensive,” the debtor might only invoke the exception to specific performance under Article 7.2.2(b) of the UNIDROIT Principles.
China’S Arsenal Of Political Persecution - A Double-Edged Sword, Ralph Hua
China’S Arsenal Of Political Persecution - A Double-Edged Sword, Ralph Hua
Pace International Law Review Online Companion
No abstract provided.
Providing Legal Certainty In South America: Can Mercosur Help?, Camilo A. Rodriguez Yong
Providing Legal Certainty In South America: Can Mercosur Help?, Camilo A. Rodriguez Yong
Pace International Law Review Online Companion
The presence of legal certainty within a country’s legal system is a very relevant factor in the foreign investor’s decision to invest in a particular country. It is therefore necessary for countries to develop mechanisms for avoiding or reducing the uncertainty over the law in their legal systems. This article studies the Southern Common Market’s (“MERCOSUR”) structure and function with the purpose of assessing it as a mechanism to offer legal certainty to foreign investors in the region. The analysis is carried out by examining three basic elements of this regional integrationist experience: a) its body of law, b) its …
South/North Exchange Of 2009 - Territorial Projections Of Law From The Left: Cities, Communities And Transnational Spaces. The Case Of Mexico In The Context Of The Global South, Miguel Rabago Dorbecker
South/North Exchange Of 2009 - Territorial Projections Of Law From The Left: Cities, Communities And Transnational Spaces. The Case Of Mexico In The Context Of The Global South, Miguel Rabago Dorbecker
Pace International Law Review Online Companion
No abstract provided.
South/North Exchange Of 2009 - The Challenges Of Climate Change Regulation For Governments On The Political Left: A Comparison Of Brazilian And United States Promises And Actions, Colin Crawford, Solange Teles Da Silva, Kevin Morris
South/North Exchange Of 2009 - The Challenges Of Climate Change Regulation For Governments On The Political Left: A Comparison Of Brazilian And United States Promises And Actions, Colin Crawford, Solange Teles Da Silva, Kevin Morris
Pace International Law Review Online Companion
No abstract provided.
South/North Exchange Of 2009 - The Constitutional Recognition Of Indigenous Peoples In Latin America, Gonzalo Aguilar, Sandra Lafosse, Hugo Rojas, Rebecca Steward
South/North Exchange Of 2009 - The Constitutional Recognition Of Indigenous Peoples In Latin America, Gonzalo Aguilar, Sandra Lafosse, Hugo Rojas, Rebecca Steward
Pace International Law Review Online Companion
No abstract provided.
The Icj And The Future Of Transboundary Harm Disputes: A Preliminary Analysis Of The Case Concerning Aerial Herbicide Spraying (Ecuador V. Colombia), Robert Esposito
The Icj And The Future Of Transboundary Harm Disputes: A Preliminary Analysis Of The Case Concerning Aerial Herbicide Spraying (Ecuador V. Colombia), Robert Esposito
Pace International Law Review Online Companion
No abstract provided.
National Security Courts: A European Perspective, Mindia Vashakmadze
National Security Courts: A European Perspective, Mindia Vashakmadze
Pace International Law Review Online Companion
No abstract provided.
The Truth Behind Gitmo, Scott Horton
The Truth Behind Gitmo, Scott Horton
Pace International Law Review Online Companion
No abstract provided.
“The Slow Creep Of Complacency”: Ongoing Challenges For Democracies Seeking To Detain Terrorism Suspects, Maureen T. Duffy
“The Slow Creep Of Complacency”: Ongoing Challenges For Democracies Seeking To Detain Terrorism Suspects, Maureen T. Duffy
Pace International Law Review Online Companion
This article assesses shifting presumptions by three democracies -- the United States, Canada, and the United Kingdom – all of whom appear to have permanently adopted some alterations to their detention practices for certain terrorism-related cases since the attacks of September 11, 2001 (hereinafter “9/11”). A review of executive, legislative and judicial outcomes in these three countries often reveals an ongoing tension between the judiciary and the other branches of government, with the judiciary frequently citing to traditional constitutional principles to reassert the primacy of individual liberties and fair trial guarantees. In spite of such rulings, however, the advance towards …
Habeas Corpus In Times Of Emergency: A Historical And Comparative View, Brian Farrell
Habeas Corpus In Times Of Emergency: A Historical And Comparative View, Brian Farrell
Pace International Law Review Online Companion
No abstract provided.
The Ripple Effect: Guantanamo Bay In The United Kingdom's Courts, C.R.G. Murray
The Ripple Effect: Guantanamo Bay In The United Kingdom's Courts, C.R.G. Murray
Pace International Law Review Online Companion
The human rights abuses suffered by detainees held at Guantánamo Bay have dominated many of the cases before the United Kingdom’s courts. The Human Rights Act of 1998, still relatively new to the statute book, played a central role in the detainees’ arguments. The ultimate court decisions, however, often relegate such factors to the background of the case. This article examines why the deciding courts declined to develop the law of diplomatic protection on the basis of human rights concerns, and why such arguments continue to be employed by detainees. Furthermore, the article assesses why the English courts have shown …
Special Investigation Techniques, Data Processing And Privacy Protection In The Jurisprudence Of The European Court Of Human Rights, Toon Moonen
Pace International Law Review Online Companion
No abstract provided.
Islam & International Criminal Law: A Brief (In) Compatibility Study, Michael J. Kelly
Islam & International Criminal Law: A Brief (In) Compatibility Study, Michael J. Kelly
Pace International Law Review Online Companion
This paper explores why that incompatibility between Islam and international criminal law persists and considers recommendations for mitigating that dynamic. Why is this important? Primarily because the Western-influenced international criminal law apparatus and the Muslim world are likely to collide more often in the future. If a war crimes tribunal is established in Afghanistan, or if the trial of Syrian agents for the assassination of Lebanon’s former prime minister goes forward, it is imperative that Islamic societies touched by those processes feel a sense of “buy-in” or participation that is meaningful for them. Otherwise, it becomes the same old story …
Russian Federation's Law No. 87- Ф 3: Political Machination Or Procedural Reform?, Kirill Ershov
Russian Federation's Law No. 87- Ф 3: Political Machination Or Procedural Reform?, Kirill Ershov
Pace International Law Review Online Companion
Law 87- ф 3 was signed by Russian President Vladimir Putin six months prior to the December 2007 presidential election. Law 87- ф 3 rearranged the division of functions between the investigator and the procurator during the preliminary investigation. It also saw the creation of the investigative committee within the procuracy, which would have exclusive supervision of all investigations within that branch. Because of the Committee’s personal jurisdiction over investigations involving individuals with official immunity and agents of Russia’s power structures, both Russian media and Western academia saw the law as being politically motivated by the upcoming transfer of power. …
Fisa Amendments Act 2008: Protecting Americans By Monitoring International Communications--Is It Reasonable?, Jessica Loconte
Fisa Amendments Act 2008: Protecting Americans By Monitoring International Communications--Is It Reasonable?, Jessica Loconte
Pace International Law Review Online Companion
No abstract provided.