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Articles 1 - 11 of 11
Full-Text Articles in Law
Liability For Injurious Consequences To The Global Climate, Sudha Rp Rao
Liability For Injurious Consequences To The Global Climate, Sudha Rp Rao
LLM Theses and Essays
Preservation of the environment is a major concern in the modern era. This paper explains the scientific basis of the global warning theory and the potential impacts of climate change on the environment. When regulating the causes of global warming, accountability and liability arise in the areas of both prevention of future emissions of green house gases into the atmosphere and remedial measures to clean up the damage that has already occurred. The responsibility for the costs in these areas are examined as well as the International Law Commission’s work on “Liability for Injurious Consequences Arising out of Acts not …
Responsibility Of The Individual Under International Law For Crimes Committed In The Context Of Armed Conflicts, Michael Reiffenstuel
Responsibility Of The Individual Under International Law For Crimes Committed In The Context Of Armed Conflicts, Michael Reiffenstuel
LLM Theses and Essays
In areas throughout the world, citizens have been subject to torture and murder during civil wars and other armed conflicts. Many perpetrators of these atrocities are unlikely to be prosecuted on national level; thus if justice is sought, international law must be utilized. To provide further guidance in this area, the International Law Commission submitted a draft in 1991 of its work on a Code that creates new laws, reiterates existing conventional law, and codifies customary international law. This thesis analyzes individual responsibility and the scope ratione personae, which crimes are covered, the process of enforcement and in what …
International Responsibility Of Public International Organizations And Their Member States, Christian R. Pitschas
International Responsibility Of Public International Organizations And Their Member States, Christian R. Pitschas
LLM Theses and Essays
A public international organization is formed by international agreement made by states or other international organizations. This thesis examines the different types of international organizations and the requirements that must be met for the international organization to act under international law. When an international organization receives international rights and obligations, the international organization becomes an international person. This personality is analyzed and differentiated from that of a state. The granting of rights and obligations to an international organization also means that the organization will be liable for its actions and those of its organs for breaches international law. Member states …
The Global Loss Of Biological Diversity: A Perspective, In The Context Of The Controversy Over Intellectual Property Rights, Ajay K. Sharma
The Global Loss Of Biological Diversity: A Perspective, In The Context Of The Controversy Over Intellectual Property Rights, Ajay K. Sharma
LLM Theses and Essays
All nations have a stake in preserving biodiversity for ethical, medical, and economic reasons. This thesis discusses objections to the Convention on Biological Diversity and argues for establishing international agreements that set conservation standards to which all parties can be held accountable. These agreements should also include internationally accepted standards for the protection of intellectual property rights.
"Snitching" For The Common Good: In Search Of A Response To The Legal Problems Posed By Environmental Whistleblowing, Stefan Ruetzel
"Snitching" For The Common Good: In Search Of A Response To The Legal Problems Posed By Environmental Whistleblowing, Stefan Ruetzel
LLM Theses and Essays
Despite the increase in public awareness of diminishing natural resources, mounting waste, and pollution and more comprehensive environmental regulations since the 1970’s, non-compliance with environmental laws and non-enforcement by government authorities is still a major problem in the United States. Disclosure of violations of environmental regulations by an employee of a private polluter, or whistleblowing, is an effective tool in enforcing the law and thereby protecting the environment. After examining the current whistleblowing law that has evolved in various jurisdictions across the country, this thesis proposes that a uniform state statute should be enacted to encourage employees to report violations …
Legal Foundations And Institutional Framework Of The Monetary Union In Europe And In The United States, Johan Van Den Cruijce
Legal Foundations And Institutional Framework Of The Monetary Union In Europe And In The United States, Johan Van Den Cruijce
LLM Theses and Essays
An economic and monetary union (EMU) is an area where there is complete freedom of movement of persons, goods, services, and capital. The financial markets in an EMU are completely integrated while the national currencies are conventional and have fixed exchange rates. Ultimately the national currencies may be replaced by a common currency and there will be one monetary policy. The EMU is considered to be the highest form of economic integration. This paper examines two examples of a monetary union; the first part focuses on the blueprint for a European monetary union as laid out in the Treaty on …
Liberalization Of India’S Trade And Investment Policies: Pitfalls And Advantages For U.S. Firms Doing Business In India, Sanjiv Verma
Liberalization Of India’S Trade And Investment Policies: Pitfalls And Advantages For U.S. Firms Doing Business In India, Sanjiv Verma
LLM Theses and Essays
A rich history of trade and commerce ties America to India. This paper examines the contemporary trade issues between America and India, particularly in light of recent economic reforms in India. It inquires into and analyzes the various advantages India can provide for US businesses as a foreign investment destination. Various barriers to trade between these two nations are identified, such as tariff and nontariff barriers, quota restrictions, and infrastructural and social barriers. This paper gives a brief overview of some of the recent economic policy changes in India, suggests legislative and policy improvements required to attract more US investments …
The French First Demand Guarantee And The Standby Credit: A Comparative Study, Muriel Charreton
The French First Demand Guarantee And The Standby Credit: A Comparative Study, Muriel Charreton
LLM Theses and Essays
Since World War II new security devices have evolved in both France and the United States. In France, the new device is known as the first demand guarantee. In the United States, it is called standby letter of credit. The underlying market forces which caused these devices to be developed are the same. But the label applied to the devices and the bodies of existing doctrine with respect to which they are formulated is different. In the French view, the difference between the two instruments is just a matter of different labels. But in the American view, the distinction between …
"In The Twinkling Of An Eye": A Proporsal For The Standard Of Legality To Be Applied In Hospital Staff Privileges Cases, Sarah Bartholomew Ellerbee
"In The Twinkling Of An Eye": A Proporsal For The Standard Of Legality To Be Applied In Hospital Staff Privileges Cases, Sarah Bartholomew Ellerbee
LLM Theses and Essays
This paper addresses one of the most troublesome aspects of antitrust jurisprudence. What standard of legality governs cases dealing with medical staff privileges decisions? Heretofore, it was generally thought that only two options existed. The most frequently used standard of legality for this type of case is the rule of reason. In using this analysis, the court looks at the restraint of trade of the reasonableness of its nature, and its purpose and effect. The pro-competitive aspects of the conduct are weighed against the restraints that the conduct imposes on the competition. In health care cases, courts have looked at …
U.S. Intellectual Property Protection In China: Legal Framework And Dynamics, Yun Xu
U.S. Intellectual Property Protection In China: Legal Framework And Dynamics, Yun Xu
LLM Theses and Essays
This thesis explores the complex landscape of intellectual property protection in the context of the U.S-China trade relations. U.S. intellectual property protection in China has emerged as a critical issue in the U.S.-China trade relations, impacting tensions and becoming a critical point. The thesis examines the challenges posed by China’s historical attitudes towards intellectual property rights. China’s historical lack of respect for intellectual property rights, compounded by the Communist political culture, has led to widespread piracy, particularly as China pursues the market-driven economics of U.S. intellectual property protection in China. The Agreements on Trade Related Aspects of Intellectual Property Rights …
Bankruptcy Judges, United States Trustees, And Family Farmer Bankruptcy Act Of 1986, Moussa Ismael Abojhanim
Bankruptcy Judges, United States Trustees, And Family Farmer Bankruptcy Act Of 1986, Moussa Ismael Abojhanim
LLM Theses and Essays
The Bankruptcy Judges, United States Trustees, and Family Farmer Bankruptcy Act of 1986, enacted as Public Law No. 99-554, introduced Chapter 12 to the Bankruptcy Code specifically aimed at providing debt relief to family farmers. This thesis explores providing debt relief to family farmers. It also explores the background leading to the enactment of Chapter 12, including the economic challenges faced by American family farmers in 1970s and 1980s. Additionally, it discusses the legislative history, congressional response, and the provisions of Chapter 12, noting its advantages over chapter 11 and 13 for family farmers in reorganizing their finances and maintaining …