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Full-Text Articles in Law

Campuses Or Courtrooms? Government Involvement In U.S. And U.K. University Sexual Misconduct Response, Courtney H. Robinson Dec 2022

Campuses Or Courtrooms? Government Involvement In U.S. And U.K. University Sexual Misconduct Response, Courtney H. Robinson

Georgia Journal of International & Comparative Law

No abstract provided.


Freedom And Whisky: The Renewed Case For Scottish Independence In A Post-Brexit Europe, Emily P. Johnson Dec 2022

Freedom And Whisky: The Renewed Case For Scottish Independence In A Post-Brexit Europe, Emily P. Johnson

Georgia Journal of International & Comparative Law

No abstract provided.


Do You Need Legs To Stand? Wild Rice Stands In Trial And An Examination Of The Use Of Legal Personhood To Protect The Rights Of Nature In Court, Anna C. Scartz Dec 2022

Do You Need Legs To Stand? Wild Rice Stands In Trial And An Examination Of The Use Of Legal Personhood To Protect The Rights Of Nature In Court, Anna C. Scartz

Georgia Journal of International & Comparative Law

No abstract provided.


The Roots Of Rights: Where Do Courts Find Constitutional Support For A Woman’S Right To Choose Or A Fetal Right To Life?, Kathleen M. Mcgean Dec 2022

The Roots Of Rights: Where Do Courts Find Constitutional Support For A Woman’S Right To Choose Or A Fetal Right To Life?, Kathleen M. Mcgean

Georgia Journal of International & Comparative Law

No abstract provided.


The Concept Of “Investment” At The Dawn Of The Digital Era, Dmitry A. Pentsov Dec 2022

The Concept Of “Investment” At The Dawn Of The Digital Era, Dmitry A. Pentsov

Georgia Journal of International & Comparative Law

New methods of doing international business, which have appeared in the process of digital transformation of economic and social life, have not gone unnoticed by a number of States that use tax and administrative methods to regulate them. One possible way to protect the interests of operators of digital business models from such regulation could be bringing claims against these States on the basis of bilateral and multilateral treaties for the promotion and protection of investments. Among the mandatory conditions for the presentation of such claims is the presence in the territory of a host State of protected “investments” within …


Conflict Resolution Procedures Within The Courtroom: Between The Adversarial And Inquisitorial Traditions, Amos Gabrieli, Michal Alberstein Dec 2022

Conflict Resolution Procedures Within The Courtroom: Between The Adversarial And Inquisitorial Traditions, Amos Gabrieli, Michal Alberstein

Georgia Journal of International & Comparative Law

Modern courts have evolved around two central legal traditions—the adversarial and the inquisitorial. The two traditions have historically reflected different approaches towards consent and authority or towards conflict resolution and strict application of the law. Yet with the blurring of boundaries between the two legal traditions, and alongside various reforms in adversarial and inquisitorial legal systems, new practices of judicial conflict resolution within the courtroom have developed. This Article will compare the two legal traditions and examine the assimilation of ideologies and procedures typical to conflict resolution processes into the work of judges, as they strive to end civil legal …


Tortious Liability In China’S Motorsports Industry, Hui Jing, Chen Gengzhao, Sun Bing Dec 2022

Tortious Liability In China’S Motorsports Industry, Hui Jing, Chen Gengzhao, Sun Bing

Georgia Journal of International & Comparative Law

In 2020, the Chinese Civil Code came into effect. Article 1176 of the code offers a statutory defense for those participating in “a recreational or sports activity carrying certain risk” when they cause injury to other participants. However, the Chinese Civil Code does not specify how or to what extent Article 1176 may be relied upon as a statutory defense in assessing the tortious liability of the organizers of such recreational or sports activities. The courts in China have long sought to develop a principled approach to applying the voluntary assumption of risk defense to such organizers. This Article provides …


Attributing Criminal Responsibility For The Crime Of Aggression, Nikola R. Hajdin Dec 2022

Attributing Criminal Responsibility For The Crime Of Aggression, Nikola R. Hajdin

Georgia Journal of International & Comparative Law

To hold a person criminally responsible, the prosecution must prove that his conduct violated (without justification) a prohibitory norm of the criminal code and that he is culpable for such wrongdoing. In international criminal law, wrongfulness and culpability are assessed through the prisms of material (actus reus) and mental (mens rea) elements, respectively. Also called “objective attribution,” ascribing wrongfulness requires a causal link between individual conduct and criminal consequences. Attributing culpability, or “subjective attribution,” on the other hand, consists of establishing mental links between the perpetrator and the occurrence he has caused and the situation in which such an event …


Table Of Contents, Masthead, And Dedication, Georgia Journal Of International And Comparative Law Dec 2022

Table Of Contents, Masthead, And Dedication, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


Legal Rights For Rivers, Katie O'Bryan Jun 2022

Legal Rights For Rivers, Katie O'Bryan

Georgia Journal of International & Comparative Law

No abstract provided.


"In Countless Ways And On An Unprecedented Scale": Reflections On The Stockholm Declaration At 50, Rebecca Bratspies Jun 2022

"In Countless Ways And On An Unprecedented Scale": Reflections On The Stockholm Declaration At 50, Rebecca Bratspies

Georgia Journal of International & Comparative Law

No abstract provided.


Conference: The 1972 Stockholm Declaration At Fifty: Reflecting On A Half-Century Of International Environmental Law / International Environmental Law At Its Semicentennial: The Stockholm Legacy / Hosted By The Dean Rusk International Law Center And The Georgia Journal Of International And Comparative Law On October 8, 2021 In Athens, Georgia And Online, Melissa J. Durkee Jun 2022

Conference: The 1972 Stockholm Declaration At Fifty: Reflecting On A Half-Century Of International Environmental Law / International Environmental Law At Its Semicentennial: The Stockholm Legacy / Hosted By The Dean Rusk International Law Center And The Georgia Journal Of International And Comparative Law On October 8, 2021 In Athens, Georgia And Online, Melissa J. Durkee

Georgia Journal of International & Comparative Law

No abstract provided.


All Bets Are On! . . . Line: The Varied Regulatory Framework Of An Interconnected Online Sports Betting System, Meg Graham Jun 2022

All Bets Are On! . . . Line: The Varied Regulatory Framework Of An Interconnected Online Sports Betting System, Meg Graham

Georgia Journal of International & Comparative Law

No abstract provided.


Accidents On The High Seas And Flags Of Convenience: Whether The Bbnj Draft Treaty Will Address Insufficient Regulatory Compliance By Open Registry States, Kaitlyn O'Hara Jun 2022

Accidents On The High Seas And Flags Of Convenience: Whether The Bbnj Draft Treaty Will Address Insufficient Regulatory Compliance By Open Registry States, Kaitlyn O'Hara

Georgia Journal of International & Comparative Law

No abstract provided.


The United States And Its Obligations Under The Optional Protocol To The Convention On The Rights Of The Child On The Sale Of Children, Child Prostitution And Child Pornography To Combat Child Exploitation In The Digital World, Audrey Cunningham Jun 2022

The United States And Its Obligations Under The Optional Protocol To The Convention On The Rights Of The Child On The Sale Of Children, Child Prostitution And Child Pornography To Combat Child Exploitation In The Digital World, Audrey Cunningham

Georgia Journal of International & Comparative Law

No abstract provided.


More Than The Daily Catch: How Regulating The Fishing Industry Can Help Keep Plastics From The Ocean, Katherine Payne Jun 2022

More Than The Daily Catch: How Regulating The Fishing Industry Can Help Keep Plastics From The Ocean, Katherine Payne

Georgia Journal of International & Comparative Law

No abstract provided.


Upholding Disability Rights In The Americas: The Role Of The Inter-American Institutions, Ying Chen, Paul Mcdonough Jun 2022

Upholding Disability Rights In The Americas: The Role Of The Inter-American Institutions, Ying Chen, Paul Mcdonough

Georgia Journal of International & Comparative Law

This Article studies how the adjudicative institutions created by the Inter-American Convention on Human Rights (ACHR) have worked to uphold the rights of persons with disabilities. It argues that those institutions, the Inter-American Commission on Human Rights (the Commission or IACHR) and the Inter-American Court of Human Rights (the Court or IACtHR), have begun to construct a regime of enforceable rights of persons with disabilities by applying international rules and interpretations to fill gaps in a relatively sparse Inter-American disability rights treaty framework. To buttress general principles of equality and non-discrimination with specific rights, the Commission and the Court have …


Telemedicine Across Borders: Entrenched Issues Exposed By Covid-19, Richmond B. Wrinkle May 2022

Telemedicine Across Borders: Entrenched Issues Exposed By Covid-19, Richmond B. Wrinkle

Georgia Journal of International & Comparative Law

No abstract provided.


International Construction Law: The Development Of The Business And Human Rights Treaty And Its Implications On Migrant Workers, Anna Parks Muecke May 2022

International Construction Law: The Development Of The Business And Human Rights Treaty And Its Implications On Migrant Workers, Anna Parks Muecke

Georgia Journal of International & Comparative Law

No abstract provided.


Back To Basics: How International Election Observation Standards Can Strengthen Democracy In The United States, Ward Evans May 2022

Back To Basics: How International Election Observation Standards Can Strengthen Democracy In The United States, Ward Evans

Georgia Journal of International & Comparative Law

No abstract provided.


I Spy With My Little--Gps Tracking Device: Why Georgia Should Look To The United Kingdom's Domestic Violence Laws To Deter Innovative Abuses Of Technology, Tyerus Skala May 2022

I Spy With My Little--Gps Tracking Device: Why Georgia Should Look To The United Kingdom's Domestic Violence Laws To Deter Innovative Abuses Of Technology, Tyerus Skala

Georgia Journal of International & Comparative Law

No abstract provided.


Tax Incentives In Three Common Markets, Sarah Khaled Alsultan May 2022

Tax Incentives In Three Common Markets, Sarah Khaled Alsultan

Georgia Journal of International & Comparative Law

There are three approaches to dealing with tax incentives within common markets: permit them, limit them, or harmonize them. Broadly speaking, the United States (U.S.) follows the first approach, the European Union (EU) adopts the second, and the Gulf Cooperation Council (GCC) pursues the third by harmonizing some tax incentives, particularly those offered to the industrial sector. Unlike the U.S. and EU common markets, where incentives have gained significant scholarly attention, no academic literature exists on the legal framework of tax incentives in GCC common market. This work attempts to compensate for this insufficiency in scholarship and compares the three …


The Rise And Fall Of U.S. Secondary Sanctions: The Iran Outcasting And Re-Outcasting Regime, Pardis Gheibi May 2022

The Rise And Fall Of U.S. Secondary Sanctions: The Iran Outcasting And Re-Outcasting Regime, Pardis Gheibi

Georgia Journal of International & Comparative Law

No abstract provided.


Constitutionalism In The Land Of The Peaceful Thunder Dragon: The Kingdom Of Bhutan's Marbury Moment, Markus G. Puder, Ngawang Choden May 2022

Constitutionalism In The Land Of The Peaceful Thunder Dragon: The Kingdom Of Bhutan's Marbury Moment, Markus G. Puder, Ngawang Choden

Georgia Journal of International & Comparative Law

No abstract provided.


Using Law Clerks To Improve Efficiency In Jamaican Courts, Sha-Shana Crichton May 2022

Using Law Clerks To Improve Efficiency In Jamaican Courts, Sha-Shana Crichton

Georgia Journal of International & Comparative Law

No abstract provided.


Forced Marriage: An International Issue Calling For International Regulation And Accountability, Allison Weldon Adkins Jan 2022

Forced Marriage: An International Issue Calling For International Regulation And Accountability, Allison Weldon Adkins

Georgia Journal of International & Comparative Law

No abstract provided.


The (Second) Race To Space: A Human Rights Analysis Of Rapid Space Innovation, Alyssa Nelson Jan 2022

The (Second) Race To Space: A Human Rights Analysis Of Rapid Space Innovation, Alyssa Nelson

Georgia Journal of International & Comparative Law

No abstract provided.


The Fashion Industry's Inner Beauty: Does The Uk's Fight Against Modern Slavery Measure Up To Its Ilo Obligations?, Olivia Landrum Jan 2022

The Fashion Industry's Inner Beauty: Does The Uk's Fight Against Modern Slavery Measure Up To Its Ilo Obligations?, Olivia Landrum

Georgia Journal of International & Comparative Law

No abstract provided.


Institutional Doxing And Attribution: Searching For Solutions To A Law-Free Zone, Kimberlee Styple Jan 2022

Institutional Doxing And Attribution: Searching For Solutions To A Law-Free Zone, Kimberlee Styple

Georgia Journal of International & Comparative Law

No abstract provided.


Unrest In Belarus: The Legal Perspectives For Russian Integration And The Potential Western Response, Trevor Eck Jan 2022

Unrest In Belarus: The Legal Perspectives For Russian Integration And The Potential Western Response, Trevor Eck

Georgia Journal of International & Comparative Law

No abstract provided.