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Articles 31 - 60 of 73
Full-Text Articles in Law
Holding The Executive Accountable In Egypt, Impeachment: A Losing Case, Dr. Mohamed Abdelaal
Holding The Executive Accountable In Egypt, Impeachment: A Losing Case, Dr. Mohamed Abdelaal
University of Baltimore Journal of International Law
This paper examines the impeachment mechanism in Egypt after the 2011 Revolution and the 2013 events and the removal of Presidents Hosni Mubarak and Mohamed Morsi. In doing so, the paper will provide a critical analysis to the impeachment clauses in both the 2012 and 2014 Constitutions, in an attempt to discover to what extent the pre 2011 impeachment differs from that of post 2011. Further, it addresses the issue of whether the recall election could make a good alternative to impeachment in Egypt. Specifically, we will briefly shed light on the history of the recall device as well as …
The Role Of Brazil And The United States In The International Promotion Of The Right To A Healthy Environment, José Adércio Leite Sampaio, Beatriz Souza Costa
The Role Of Brazil And The United States In The International Promotion Of The Right To A Healthy Environment, José Adércio Leite Sampaio, Beatriz Souza Costa
University of Baltimore Journal of International Law
This article has the objective of analyzing the role played by Brazil and the United States in protecting the right to a healthy environment at an international level, especially at the World Trade Organization level. First, we must try to identify the fundamental right to a healthy environment, in its internal dimension and as a human right, at the international level. We used the bibliographic technique and deductive methodology to develop the research. The results at the conclusion evidence that the behavior of political and economic agents has a direct impact on the level of environmental protection. In the United …
Emerging Issues: A Global Analysis: Legal Recognition And Equal Treatment Of Transgender Citizens, Madison H. Kyger
Emerging Issues: A Global Analysis: Legal Recognition And Equal Treatment Of Transgender Citizens, Madison H. Kyger
University of Baltimore Journal of International Law
Transgender individuals across nations have been subjected to a range of restrictive barriers, which limit their legal recognition of fundamental rights and protections. These obstacles place a stigma on transgender individuals, subjecting the community to a wide range of discrimination. These boundaries range in severity; some countries simply impose restrictions of use for certain facilities, while other countries resort to physical abuse. Recently, certain countries have enacted laws to give transgender members the same legal recognition that other citizens are afforded while other countries fail to accept the transgender community and continue to uphold restrictive barriers.
Emerging Issues: Breaking News: Polish Legislators Make Waves With New Broadcast Media Law, Eu Human Rights Concerns On The Rise, Margery R. Beltran
Emerging Issues: Breaking News: Polish Legislators Make Waves With New Broadcast Media Law, Eu Human Rights Concerns On The Rise, Margery R. Beltran
University of Baltimore Journal of International Law
No abstract provided.
Emerging Issues: Shifting Focus From Deportation Of Unaccompanied Minors To Investing In Long-Term Reintegration Process, Zahara Lanewala
Emerging Issues: Shifting Focus From Deportation Of Unaccompanied Minors To Investing In Long-Term Reintegration Process, Zahara Lanewala
University of Baltimore Journal of International Law
Erminia’s shoes fell apart as she walked through the Texas desert, but Erminia persisted with the treacherous journey wearing just her socks. She crossed the desert for three days and two nights. She recounts that there were many thorns along the desert. Unfortunately, Ermina’s journey is similar to thousands of other unaccompanied minors who make the dangerous trek through the desert to find security within the borders of the U.S. Majority of the unaccompanied minors travel from El Salvador, Guatemala, and Honduras— commonly referred to as the “Northern Triangle.” From 2012 through 2016, the primary reason for the surge of …
Student Comment: Syrian Refugees - Economic Benefit Or Substantial Burden On States Of The European Union, Aviana Cooper
Student Comment: Syrian Refugees - Economic Benefit Or Substantial Burden On States Of The European Union, Aviana Cooper
University of Baltimore Journal of International Law
This comment will discuss the current status of the Syrian refugee crisis as well as the economic and humanitarian issues the European Union is facing to assist these refugees in their escape. This comment will also discuss the efforts being made by the European Union to alleviate the issue of refugees coming into their member states. Further describing how these efforts are impacting the European Union’s budget and how much money has already been allocated towards these projects. Is it in the best interest of the European Union to continue to let refugees into their country by the thousands or …
The Responsibility Of Transnational Corporations In The Realization Of Children’S Rights, Isabel Mota Borges
The Responsibility Of Transnational Corporations In The Realization Of Children’S Rights, Isabel Mota Borges
University of Baltimore Journal of International Law
Transnational Corporations (TNCs), especially those operating in developing countries, have enormous socio-economic power— sometimes more than states. Many TNCs seek poor and unregulated markets, employing cheap, underage and fragile children, so they can create an economic competitive advantage and meet increasing international marketing demands. While many of them bring business and prosperity to a region, the damages can outweigh these benefits they perpetuate when behaving irresponsibly - occasionally irreparably - detrimentally impacting on children’s enjoyment of civil, political, economic, social, and cultural rights. The problem is exacerbated when national governments are unable or unwilling to regulate TNCs’ operations. It shall …
Reparation, Restoration, Incarceration: Comparative Perspectives On The African-American Reparations Problem, Michael A. Livingston
Reparation, Restoration, Incarceration: Comparative Perspectives On The African-American Reparations Problem, Michael A. Livingston
University of Baltimore Journal of International Law
The proposal of reparations to African-Americans for slavery and subsequent offenses has stimulated a great deal of academic attention but little practical action. One reason for this is the indifference of non-black Americans and the lack of historical consciousness in a pragmatic, forward-looking culture. Yet some AfricanAmericans also have mixed feelings about reparations, preferring to concentrate on current problems rather than seek repayment for past wrongs, and perhaps even considering the debate as a divergence from more pressing, immediate problems.
Semantic Reversal: Individual, Person, Individualism, Individualization, And Subject Of Fundamental Rights, Brunela Viera De Vincenzi
Semantic Reversal: Individual, Person, Individualism, Individualization, And Subject Of Fundamental Rights, Brunela Viera De Vincenzi
University of Baltimore Journal of International Law
Based upon the theory of justice, founded on reciprocal and co-operative recognition, this study seeks to demonstrate that there are alternative means of dispute resolution within the spheres of family and work, which produce binding decisions that are accepted by the parties to the conflict as fair. At the same time, it also seeks to demonstrate that certain conflicts cannot be withdrawn from the pur-view and judgment of the State Judiciary System, with the goal of reestablishing the confidence that individuals have in the decision-making system of the state legal system.
Emerging Issues: The Case Of Maria Teresa Rivera: The Fight For Reproductive Rights In El Salvador, Carisa Hatfield
Emerging Issues: The Case Of Maria Teresa Rivera: The Fight For Reproductive Rights In El Salvador, Carisa Hatfield
University of Baltimore Journal of International Law
In 2011, Maria Teresa Rivera, then a 27-year-old garment factory worker and single mother of a five-year-old son, was working an afternoon shift when she started bleeding. She left work for home and was found later passed out in the bathroom by her mother who took her to the hospital. There she learned she had suffered a miscarriage from a pregnancy that she did not know about, but instead of being treated and released, the hospital reported Maria to the police for aborting her unborn child. She was handcuffed to her hospital bed while seven police officers surrounded and questioned …
University Of Baltimore Journal Of International Law Volume 3 No. 2 (2014-2015) Front Matter
University Of Baltimore Journal Of International Law Volume 3 No. 2 (2014-2015) Front Matter
University of Baltimore Journal of International Law
No abstract provided.
Cesare Beccaria, John Bessler And The Birth Of Modern Criminal Law, Alberto Cadoppi
Cesare Beccaria, John Bessler And The Birth Of Modern Criminal Law, Alberto Cadoppi
University of Baltimore Journal of International Law
Professor Bessler’s The Birth of American Law offers a contribution to the research on Cesare Beccaria of extraordinary value for legal historians and for legal scholars in general. Not only is the book extremely fascinating, but it gives us an enormous mass of information about the “celebrated Marquis” and his influence on the developments of the law and the legal jurisprudence in Europe and outside Europe over the last 250 years. Here follows a brief summary of Professor Bessler’s book
Legal Reform And The Chongquing Effect: Two Steps Forward One Step Back?, Veronica Pastor
Legal Reform And The Chongquing Effect: Two Steps Forward One Step Back?, Veronica Pastor
University of Baltimore Journal of International Law
For those steeped in the Western legal tradition, the Chinese political and legal system is, in the famous words of Winston Churchill, a riddle wrapped in a mystery inside an enigma.1 Of course, Churchill was describing the potential actions of Russia, not China.2 But, to continue borrowing from Churchill, perhaps there is a key – Chinese national interest and the interest of the Chinese Communist Party.3 This research explores the interaction between political, economic, and legal reform, and posits that the Chongqing incident4 was ultimately a positive turning point in the country’s institutional development. The theory presented herein is that …
Student Comment: Exchange Cooperation For Visas: Flaws In U.S. Immigration System Criminalizes Trafficking Victims, Laurie Culkin
Student Comment: Exchange Cooperation For Visas: Flaws In U.S. Immigration System Criminalizes Trafficking Victims, Laurie Culkin
University of Baltimore Journal of International Law
This student comment explores the Palermo Protocol to the United Nation’s Convention Against Transnational Organized Crime, and the United State’s response, the Trafficking Victim’s Protection Act (TVPA). Under the TVPA, the U.S. made a temporary, nonimmigrant visa, the T-Visa, available to trafficking victims illegally located in the U.S., provided that the victim cooperates with law enforcement to prosecute their trafficker. Though at first blush the TVisa seems like a valuable resource to victims who would otherwise find no immigration relief for violations of criminal and immigration law as a result of their victimization, but in practice the flawed process to …
The Map Is Not The Territory: How South Africa Followed The Anti-Corruption Roadmap And Got Lost Along The Way, George Langendorf
The Map Is Not The Territory: How South Africa Followed The Anti-Corruption Roadmap And Got Lost Along The Way, George Langendorf
University of Baltimore Journal of International Law
This paper charts the development of the anti-corruption roadmap and considers whether it has been effective in South Africa. Part I begins with an overview of the FCPA, the first and most influential anticorruption law. Part II reviews the multilateral treaties and conventions that proliferated in the 1990s and early 2000s and that outline the contemporary anticorruption roadmap. Part III focuses on the efforts of South Africa to follow the roadmap, and reviews the laws and institutions it established after acceding to the instruments and treaties described in Part II. Part IV looks at what happened next, summarizing four major …
University Of Baltimore Journal Of International Law Volume 4 No. 1 (2015-2016) Front Matter
University Of Baltimore Journal Of International Law Volume 4 No. 1 (2015-2016) Front Matter
University of Baltimore Journal of International Law
No abstract provided.
Emerging Issues: To Be Or Not To Be, That Is The Statehood Question, Alexandra Rickart
Emerging Issues: To Be Or Not To Be, That Is The Statehood Question, Alexandra Rickart
University of Baltimore Journal of International Law
The Montevideo Convention on the Rights and Duties of States lists the four necessary qualifications in order to become a recognized state: a) permanent population; b) defined territory; c) government; and d) capacity to enter into relations with other States.1 However, how does a territory become its own state or part of a new state if it is already a section of another state? There are two different ways this can happen: secession and annexation. While both of these processes are recognized as ways to attain statehood in international law, they are not generally accepted as viable options except in …
Emerging Issues: Overthrowing The Government: What Boko Haram Means For Women, Kimberly R. Frazier
Emerging Issues: Overthrowing The Government: What Boko Haram Means For Women, Kimberly R. Frazier
University of Baltimore Journal of International Law
Boko Haram has been active since 2002, however, most of the world became familiar with the Islamic terrorist group in April of 2014 after they kidnapped approximately 276 girls from a boarding school in northeastern Nigeria.1 The group’s leader, Abubakar Shekau, announced in a video that the kidnapping was an act of retaliation after Nigerian security forces kidnapped the wives and children of Boko Haram leaders.2 He also stated that the girls would be forced to convert to Islam and sold into the slave market to begin their new lives as “servants.”3 The kidnapping was not the first act of …
Interim Measures In Inter-State Proceedings Before The European Court Of Human Rights: Ukraine V. Russia, Stefan Kirchner
Interim Measures In Inter-State Proceedings Before The European Court Of Human Rights: Ukraine V. Russia, Stefan Kirchner
University of Baltimore Journal of International Law
Over the course of the year 2014, the situation in Ukraine has turned from a domestic political issue involving protests, killings, and the ouster of the former president, into a military confrontation with Russia. At the time of writing (August 2014), Russia has annexed Crimea and is supporting separatists, who are in a state of civil war against the Ukrainian state, in Eastern parts of the country. This conflict is ongoing and an unknown number of civilians have been killed, notably the passengers of the Malaysia Airlines flight MH17, which is thought to have been shot down over the conflict …
After Partition: The Perils Of South Sudan, Mario Silva
After Partition: The Perils Of South Sudan, Mario Silva
University of Baltimore Journal of International Law
The partition of South Sudan from the largest country on the African continent – Sudan, took place on July 9, 2011.1 The northern portion retained the name Sudan while the newly formed southern state would be known as South Sudan. South Sudan became the newest member of the United Nations (UN) with comparatively little infrastructure and limited arrangements for shared sovereignty by the international community. The partition process was undertaken with oversight from the United Nations and the African Union. It was rather idealistically considered a prelude to an enduring peace within this traditionally troubled African region. The former unitary …
University Of Baltimore Journal Of International Law Volume 3 No. 1 (2014-2015) Front Matter
University Of Baltimore Journal Of International Law Volume 3 No. 1 (2014-2015) Front Matter
University of Baltimore Journal of International Law
No abstract provided.
Emerging Issues: The Underlying Economics Of The South China Sea Conflict, Christopher Stock
Emerging Issues: The Underlying Economics Of The South China Sea Conflict, Christopher Stock
University of Baltimore Journal of International Law
The countries of southeastern Asia and China are currently in a territorial dispute over the Spratly and Paracel island chains in the South China Sea. The South China Sea encompasses roughly 1.4 million square miles of the Pacific Ocean, spanning throughout most of southeastern Asia. A majority of the islands located within the sea are uninhabited and have never had an indigenous population, which makes it nearly impossible to track the lineage to determine sovereignty over the islands. Because there has never been an indigenous population on a majority of the islands, there are now competing claims for many of …
Game Of Bombs: President Barack Obama’S Nuclear Nonproliferation Regime, Jeffrey F. Addicott
Game Of Bombs: President Barack Obama’S Nuclear Nonproliferation Regime, Jeffrey F. Addicott
University of Baltimore Journal of International Law
One of President Barack Obama’s favorite solutions to reducing or halting armed conflict in the world centers around his often-stated desire to rid the world of nuclear weapons. While this simplistic formula for a more peaceful world has certainly been voiced by other occupants of the oval office, the world is, and always has been, an extremely dangerous place, and the machinations of competing spheres of power in a “Game of Thrones” will always exist in human history. Coupled with an aggressive Russia and China, the dangers associated with the new era of radical Islamic extremism rubricate the need to …
Student Comment: “Love Is Patient, Love Is Kind”: A Comparative Study Helping The United States Reach Marriage Equality, Nicole Rush
University of Baltimore Journal of International Law
This paper evaluates same-sex marriage policies in three industrialized countries: the Netherlands, the United Kingdom and Canada. In assessing the legislative and judicial history of same-sex marriage policies in each country, as well as other influential factors leading to these policies, this research helps to create a roadmap to reach a nationwide policy for the United States. By comparing the current history of the United States’ same-sex marriage policies to that of the aforementioned countries, it is possible to develop a plan to achieve marriage equality in the U.S.
University Of Baltimore Journal Of International Law Volume 2 (2013-2014) Front Matter
University Of Baltimore Journal Of International Law Volume 2 (2013-2014) Front Matter
University of Baltimore Journal of International Law
No abstract provided.
International Law For American Courts: Why The “American Laws For American Courts” Movement Is A Violation Of The United States Constitution And Universal Human Rights, Maria Surdokas
University of Baltimore Journal of International Law
In recent years, the “American Laws for American Courts” movement has swept across the country in an attempt to ban international law from U.S. state courts. This article specifically examines the Oklahoma Save Our State Amendment and the Arizona Foreign Decisions Act. In doing so, it addresses both the constitutional and policy problems with these attempts, observing that what the states have been trying to do is neither legal nor practical. It analyzes the inability of individual states to unilaterally avoid compliance with the United States’ international law obligations. It notes the absurdity in outlawing international law in order to …
Myths About Women’S Careers In Law, Patricia M. Wald
Myths About Women’S Careers In Law, Patricia M. Wald
University of Baltimore Journal of International Law
Judge Wald discusses several "myths" about women's careers in the law that she has encountered in hers, including the presence of hearty pioneers who despite obstacles and a cold climate pursued satisfying legal careers decades before the "women's movement" of the 1970's; the current status of women in the profession and the impediments to their further advancement, the enduring problems they confront in maintaining the "delicate balance" between marriage, motherhood and careers and the institutional reticence to accommodate their dual role, the need for vigilance to keep the gains they have already made from slipping away, whether men and women …
After The Revolution: Egypt's Changing Forms Of Corruption, M. Patrick Yingling, Mohamed A. Arafa
After The Revolution: Egypt's Changing Forms Of Corruption, M. Patrick Yingling, Mohamed A. Arafa
University of Baltimore Journal of International Law
Egypt’s revolution of January 25, 2011 was impelled by a desire to eliminate “conventional corruption,” a particular kind of corruption that occurs when government officials illegally abuse public office for private gain. Illegal quid pro quo transactions, including acts of bribery, are prominent examples of conventional corruption. This form of corruption is to be contrasted with “unconventional corruption,” a form of corruption that has (thus far) been absent in Egypt. Unconventional corruption occurs when elected officials put personal campaign finances ahead of the public interest without engaging in a quid pro quo transaction. These different forms, conventional and unconventional corruption, …
First Do No Harm: Interpreting The Crime Of Aggression To Exclude Humanitarian Intervention, Joshua L. Root
First Do No Harm: Interpreting The Crime Of Aggression To Exclude Humanitarian Intervention, Joshua L. Root
University of Baltimore Journal of International Law
The yet to be implemented Article 8 bis of the Rome Statute criminalizes, as the crime of aggression, acts of aggression which by their “character, gravity and scale” constitute a “manifest violation” of the Charter of the United Nations. This article argues that Article 8 bis must be construed so as to exclude from the International Criminal Court’s jurisdiction uses of force, which are facial violations of the UN Charter, but which nonetheless comport with the principles and purposes of the Charter, such as bona fide humanitarian intervention unauthorized by the Security Council. This article examines and applies the Vienna …
Comments: At The Intersection Of National Interests And International Law: Why American Interests Should Assume The Right Of Way, Clark Smith
University of Baltimore Journal of International Law
Following the interwar period and disastrous results of an isolationist foreign policy, the United States changed course coming out of the Second World War. Assuming the global leadership role, the U.S. led the international effort to design and build the international institutions and organizations that would ensure and manage the global recovery from the war that ravaged the world’s economy, deter future wars by providing checks on and a balance of power, and that would ensure, to some degree, international systems based on rule of law. Pursuit of U.S. interests should, when possible, be carried out within that international legal …