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Full-Text Articles in Law
Combating Climate Reclacitrance: Carbon-Related Border Tax Adjustments In A New Era Of Global Climate Governancec, David A.C. Bullock
Combating Climate Reclacitrance: Carbon-Related Border Tax Adjustments In A New Era Of Global Climate Governancec, David A.C. Bullock
Washington International Law Journal
This article argues that carbon-related border tax adjustments (“CRBTAs”) can be used effectively to complement the compliance mechanisms of the Paris Agreement against a truly recalcitrant party. The soft enforcement mechanisms envisioned by the Paris Agreement—facilitative assistance and political or moral suasion—are unlikely to provide a sufficient response to a party that becomes truly recalcitrant. CRBTAs provide parties to the Paris Agreement with a hard-edged economic tool able to respond to a party that disavows the Paris regime. This article outlines the features of a CRBTA regime that would be lawful under the General Agreement on Tariffs and Trade and …
Jus Pro Bello: The Impact Of International Prosecutions On War Continuation, Marco Bocchese
Jus Pro Bello: The Impact Of International Prosecutions On War Continuation, Marco Bocchese
Washington International Law Journal
This Article investigates the political and military conditions under which national governments decide to invite judicial scrutiny from the International Crim-inal Court (“ICC”). The cross-case analysis of seven countries either examined or officially investigated by the ICC Prosecutor’s Office (“OTP”) lends support to the conclusion that governments solicit external judicial scrutiny due to two main independent variables: namely, a military’s inability to defeat a rebellion and a short-term preference for continuing war over negotiating its conclusion. This Article contends that the values placed on these variables combine to persuade national governments in conflict-ridden countries that, against predictions to the contrary, …
The Limits Of Constitutional Deferral: Lessons From The History Of The 2004 Constitution Of Afghanistan, Shamshad Parsarlay
The Limits Of Constitutional Deferral: Lessons From The History Of The 2004 Constitution Of Afghanistan, Shamshad Parsarlay
Washington International Law Journal
In an important recent work, Rosalind Dixon and Tom Ginsburg noted that constitution writers regularly choose to defer to the future important questions of constitutional design. They argue that an “optimal” level of constitutional deferral might contribute to constitutional stability and help constitutions live longer. This Article argues that although constitution makers might choose to defer on many important questions of constitutional design to promote agreement, certain types of deferral might turn out to be counterproductive, and thus constitution writers’ choice to defer should be limited. The Article highlights that it is risky to defer to future legislatures the powers …
The Sociedad Por Acciones Simplificada: Suggestions For Further Reform Of Mexico's First Unipersonal Limited Liability Entity, Laura K. Daugherty
The Sociedad Por Acciones Simplificada: Suggestions For Further Reform Of Mexico's First Unipersonal Limited Liability Entity, Laura K. Daugherty
Washington International Law Journal
Mexico introduced its first unipersonal limited liability entity in 2016, the Sociedad por Acciones Simplificada (“SAS”). The introduction of Mexico’s SAS is in line with legal development in Latin America as a whole, where there has been a recent trend towards introducing new unipersonal limited liability entities that are specially designed to reduce barriers to entry for burgeoning business owners and ease the requirements of owning a business entity. However, the Mexican SAS as it currently exists is uniquely overly restrictive. To remedy this, some of the current restrictions on the entity should be lifted to facilitate the functionality of …
Hangeul As A Tool Of Resistance Aganst Forced Assimiliation: Making Sense Of The Framework Act On Korean Language, Minjung (Michelle) Hur
Hangeul As A Tool Of Resistance Aganst Forced Assimiliation: Making Sense Of The Framework Act On Korean Language, Minjung (Michelle) Hur
Washington International Law Journal
Language policies that mandate a government use a single language may seem controversial and unconstitutional. English-only policies are often seen as xenophobic and discriminatory. However, that may not be the case for South Korea’s Framework Act on Korean Language, which mandates the use of the Korean alphabet, Hangeul, for official documents by government institutions. Despite the resemblance between the Framework Act on Korean Language and English-only policies, the Framework Act should be understood differently than English-only policies because the Hangeul-only movement has an inverse history to English-only movements. English-only movements have a history of using English as a …
Asean Investment Treaties, Rcep, And Cptpp: Regional Strengths, Norms, Institutions, And Politics, Diane A. Desierto
Asean Investment Treaties, Rcep, And Cptpp: Regional Strengths, Norms, Institutions, And Politics, Diane A. Desierto
Washington International Law Journal
Southeast Asia attracts foreign investment more rapidly than elsewhere in the world, including China. Southeast Asia’s evolving regional strategies, norms, institutions, and politics for investment governance should be of considerable interest to global decision-makers. This Article compares evolving investment treaty strategies and norms between the regional investment treaties of: (1) the Association of Southeast Asian Nations (“ASEAN”); (2) the latest draft investment chapter of the China-led sixteen-member Regional Comprehensive Economic Partnership (“RCEP”), to which all ten ASEAN Member States are also negotiating parties; and (3) some features of the current draft investment chapter for the Trans-Pacific Partnership (now renamed the …
Whose Fault In An Aging World?: Comparing Dementia-Related Tort Liability In Common Law And Civil Law Jurisdictions, Trevor Ryan, Wendy Bonython
Whose Fault In An Aging World?: Comparing Dementia-Related Tort Liability In Common Law And Civil Law Jurisdictions, Trevor Ryan, Wendy Bonython
Washington International Law Journal
Age-related dementias have been identified as a global health priority, based on their rapidly rising incidence and associated economic burden. Behaviors symptomatic of dementias, such as wandering, potentially expose sufferers to increased likelihood of experiencing harm or causing harms to others. Yet what jurisprudence and case law exists on the issue of tortious liability of people with dementia is largely derived from the broader principles governing tortious liability of those with mental illness or otherwise impaired capacity. Those principles are themselves problematic, reflecting absolutist models of either personal liability (common law jurisdictions) or statutory personal immunity accompanied by imposition of …
Acts Of Financial Distress In The Eu: Is The Eu To Blame?, Venetia Argyropoulou
Acts Of Financial Distress In The Eu: Is The Eu To Blame?, Venetia Argyropoulou
Washington International Law Journal
This Article seeks to determine if there is a legal basis for European Union (“EU”) Institutions to be held accountable for measures taken by an EU Member State in cases of financial distress. The Article begins by exploring the concept of sovereignty and then evaluates the limitations placed on state sovereignty by participation in the EU. Next, it explores the definitions of economic coercion and countermeasures and considers whether the actions taken by EU institutions in the context of the Cyprus banking haircut would satisfy either of these definitions. Lastly, this Article studies whether EU law can provide a basis …
Paris When It Sizzles: What Agenda 21 Can Tell Us About The Likely Success Of The Paris Agreement, Jennifer Devlin Calkins
Paris When It Sizzles: What Agenda 21 Can Tell Us About The Likely Success Of The Paris Agreement, Jennifer Devlin Calkins
Washington International Law Journal
The Paris Agreement seeks to address the problem of climate change, a pressingly urgent issue, and one that is extraordinarily difficult to tackle. A primary mitigation mechanism is the requirement that member countries report their nationally determined contributions (“NDCs”) goals and provide metrics for measuring progress in reducing greenhouse gas emissions. This is a “bottom-up” mechanism that does not bind parties to particular emissions targets, but acts to shift party behavior by making progress transparent. To predict the potential effectiveness of this mechanism, this Comment investigates the effectiveness of a similar mechanism contained in Agenda 21, a plan of action …
Ineffective By Design: A Critique Of Campaign Finance Law Enforcement In The United States, Australia, And The United Kingdom, Kelly Ann Skahan
Ineffective By Design: A Critique Of Campaign Finance Law Enforcement In The United States, Australia, And The United Kingdom, Kelly Ann Skahan
Washington International Law Journal
Though ostensibly tasked with enforcing their respective nations’ campaign finance laws, the Federal Election Commission (“FEC”), Australian Electoral Commission (“AEC”), and Electoral Commission (“EC”) are woefully unable to meaningfully address the evolving nature of campaigns or enforce existing regulations in the United States, Australia, and the United Kingdom, respectively. Attempts at enforcement are cut off at the knees by political infighting, half-hearted grants of independent authority, and a lack of institutional support. Conversely, the New York City Campaign Finance Board (“CFB”) is recognized as an example of meaningful enforcement and relative political independence. By implementing changes that translate the CFB’s …
Transitional Justice Legislation In Taiwain Before And During The Tsai Administration, Ernest Caldwell
Transitional Justice Legislation In Taiwain Before And During The Tsai Administration, Ernest Caldwell
Washington International Law Journal
The Republic of China on Taiwan (“Taiwan”) successfully and peacefully transitioned from authoritarian, one-party rule into a constitutional democracy in the early 1990s. However, due to the island’s complex international status and fraught relationship with China, as well as a rather conservative government approach to post-authoritarian discourse on past human rights violations, there has been relatively little scholarly interest in Anglophone academia on Taiwanese transitional justice issues. This Article seeks to deepen our understanding of East Asian transitional justice by examining the influence of post-democratization local conditions on the scope and language of transitional justice legislation during two phases of …