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Articles 31 - 60 of 1419
Full-Text Articles in Law
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
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
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
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
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
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
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
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
"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
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
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
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
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
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
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
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
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
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
Georgia Journal of International & Comparative Law
No abstract provided.
Tax Incentives In Three Common Markets, Sarah Khaled Alsultan
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
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
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
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
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
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
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
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
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.
Lifting The Veil Of Mona Lisa: A Multifaceted Investigation Of The "Beyond A Reasonable Doubt" Standard, Zhuhao Wang, Eric Zhi
Lifting The Veil Of Mona Lisa: A Multifaceted Investigation Of The "Beyond A Reasonable Doubt" Standard, Zhuhao Wang, Eric Zhi
Georgia Journal of International & Comparative Law
For a long period of time, the golden standard in judicial fact-finding of criminal cases in the United States and many other countries has been the “Beyond a Reasonable Doubt” (BARD) standard – every person accused of a crime is presumed to be innocent unless, and until, his or her guilt is established beyond a reasonable doubt. The BARD standard’s undergirding principle is one of error distribution, where wrongful conviction of the innocent is a much greater wrong than failed conviction of the guilty. This concept was famously expressed by the English jurist William Blackstone in 1760s: “It is better …
Choice-Of-Law Agreements In International Contracts, Gary Born, Cem Kalelioglu
Choice-Of-Law Agreements In International Contracts, Gary Born, Cem Kalelioglu
Georgia Journal of International & Comparative Law
No abstract provided.
Arctic Conflicts & Russian Foreign Policy, Tania Röttger, Theocharis N. Grigoriadis
Arctic Conflicts & Russian Foreign Policy, Tania Röttger, Theocharis N. Grigoriadis
Georgia Journal of International & Comparative Law
In this paper, we analyze the intersections of legal and political dispute resolution methods in Arctic territorial disputes involving Russia and several Western governments, including Canada and the United States. There are two current disputes. The first dispute concentrates on the Lomonosov Ridge, a geological feature that runs near the North Pole and has been used by three states to claim the North Pole as part of their continental shelf. The second dispute deals with the legal status of the Northern Sea Route. Our paper evaluates the tradeoffs between the legal and political constraints in these disputes between Russia and …