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Articles 1 - 30 of 81
Full-Text Articles in Law
Migrant Construction And Domestic Workers In The Arab Gulf States: Modern - Day Slaves?, Omaya Chidiac
Migrant Construction And Domestic Workers In The Arab Gulf States: Modern - Day Slaves?, Omaya Chidiac
LLM Theses
This thesis examines the conditions of migrant construction and domestic workers in the Arab Gulf. I explore literatures on migrant labour, precariousness, and slavery. I also look at international and domestic legal instruments as well as data produced by several human rights organizations. This thesis shows how the mechanisms involved in the migration of migrant construction and domestic workers exacerbate vulnerability and precariousness. I examine the ways in which social locations including gender and race play a role in discrimination against migrant construction and domestic workers in the Arab Gulf, thus assisting conditions of slavery to arise. My aim is …
Roper V. Simmons - Supreme Court's Reliance On International Law In Constitutional Decision-Making, Jessica Mishali
Roper V. Simmons - Supreme Court's Reliance On International Law In Constitutional Decision-Making, Jessica Mishali
Touro Law Review
No abstract provided.
Responsibility To Protect (R2p), The Responsibility Of The International Community To Protect Syrian Citizens, Ghuna Bdiwi
Responsibility To Protect (R2p), The Responsibility Of The International Community To Protect Syrian Citizens, Ghuna Bdiwi
LLM Theses
The responsibility to protect (R2P) doctrine allows the international community to intervene for humanitarian purposes in events of massive violations of human rights. However, the legality of humanitarian intervention has received considerable critical attention because of its direct conflict with two fundamental norms in international law: the prohibition of the use of force, and the principle of state sovereignty. In Syria, mass atrocity crimes are escalating on a daily basis. Until now, international efforts have failed to find a peaceful formula to stop the crisis. International law allows the Security Council to authorize humanitarian intervention under the power of Chapter …
Development Through Trade Disputes: Building A Reputation Using The World Trade Organization's Dispute Settlement System, Jason L. Holliday
Development Through Trade Disputes: Building A Reputation Using The World Trade Organization's Dispute Settlement System, Jason L. Holliday
West Virginia Law Review
No abstract provided.
International Investment Agreements: Are Their Policy Aims Served By Their Broad Definitions Of Covered “Investors” And “Investments”?, Lise Johnson
Columbia Center on Sustainable Investment Staff Publications
With negotiation of “mega-treaties” such as the 12-country Trans-Pacific Partnership (TPP) and investment treaties between the EU and other large economies such as Canada and the United States, international investment agreements (IIAs) are gaining fame and raising a host of important policy questions. Among those questions are who/what the treaties benefit and at what cost.
China's Nine-Dashed Map: Maritime Source Of Geopolitical Tension, Bert Chapman
China's Nine-Dashed Map: Maritime Source Of Geopolitical Tension, Bert Chapman
Libraries Faculty and Staff Scholarship and Research
The South China Sea (SCS) is becoming an increasingly contentious source of geopolitical tension due to its significance as an international trade route, possessor of potentially significant oil and natural gas resources, China’s increasing diplomatic and military assertiveness, and the U.S.’ recent and ongoing Pacific Pivot strategy. Countries as varied as China, Taiwan, the Philippines, Indonesia and other adjacent countries have claims on this region’s islands and natural resources. China has been particularly assertive in asserting its SCS claims by creating a nine-dash line map claiming to give it de facto maritime control over this entire region without regard to …
Sources Of International Law, Louis B. Sohn
Sources Of International Law, Louis B. Sohn
Georgia Journal of International & Comparative Law
No abstract provided.
The Growing Importance Of Customary International Human Rights Law, Richard B. Lillich
The Growing Importance Of Customary International Human Rights Law, Richard B. Lillich
Georgia Journal of International & Comparative Law
No abstract provided.
Book Review: Sources Of State Practice In International Law, Anne Burnett
Book Review: Sources Of State Practice In International Law, Anne Burnett
Georgia Journal of International & Comparative Law
No abstract provided.
Legalizing Assassination? Terrorism, The Central Intelligence Agency, And International Law, Daniel B. Pickard
Legalizing Assassination? Terrorism, The Central Intelligence Agency, And International Law, Daniel B. Pickard
Georgia Journal of International & Comparative Law
No abstract provided.
The Kosovar Declaration Of Independence: "Botching The Balkans" Or Respecting International Law?, Milena Sterio
The Kosovar Declaration Of Independence: "Botching The Balkans" Or Respecting International Law?, Milena Sterio
Georgia Journal of International & Comparative Law
No abstract provided.
International Norms In Constitutional Law, Michael Wells
International Norms In Constitutional Law, Michael Wells
Georgia Journal of International & Comparative Law
No abstract provided.
The Use Of International Sources In Constitutional Opinion, Daniel Bodansky
The Use Of International Sources In Constitutional Opinion, Daniel Bodansky
Georgia Journal of International & Comparative Law
No abstract provided.
Interpreting Force Authorization, Scott Sullivan
Interpreting Force Authorization, Scott Sullivan
Scott Sullivan
International Law And The Nuclear Threat In Kashmir: A Proposal For A U.S.-Led Resolution To The Dispute Under Un Authority, Billy Merck
Georgia Journal of International & Comparative Law
No abstract provided.
Globalization And International Law, Charles A. Hunnicutt
Globalization And International Law, Charles A. Hunnicutt
Georgia Journal of International & Comparative Law
No abstract provided.
Nuclear Chain Reaction: Why Economic Sanctions Are Not Worth The Public Costs, Nicholas C.W. Wolfe
Nuclear Chain Reaction: Why Economic Sanctions Are Not Worth The Public Costs, Nicholas C.W. Wolfe
Nicholas A Wolfe
International economic sanctions frequently violate human rights in targeted states and rarely achieve their objectives. However, many hail economic sanctions as an important nonviolent tool for coercing and persuading change. In November 2013, the Islamic Republic of Iran negotiated a temporary agreement with major world powers regarding Iran’s nuclear program. The United States’ media and politicians have repeatedly and incorrectly attributed Iran’s willingness to negotiate to the effectiveness of economic sanctions.
Politicians primarily focus on immediate domestic effects and enact sanctions without a thorough understanding of the long-term effects on the United States economy and the public within a targeted …
Tales Of Color And Colonialism: Racial Realism And Settler Colonial Theory, Natsu Taylor Saito
Tales Of Color And Colonialism: Racial Realism And Settler Colonial Theory, Natsu Taylor Saito
Florida A & M University Law Review
More than a half-century after the civil rights era, people of color in the United States remain disproportionately impoverished and incarcerated, excluded and vulnerable. Legal remedies rooted in the Constitution's guarantee of equal protection remain elusive. This article argues that the "racial realism" advocated by the late Professor Derrick Bell compels us to look critically at the purposes served by racial hierarchy. By stepping outside the master narrative's depiction of the United States as a "nation of immigrants" with opportunity for all, we can recognize it as a settler state, much like Canada, Australia, and New Zealand. It could not …
Interpreting, Stephanie Jo Kent
Interpreting, Stephanie Jo Kent
Doctoral Dissertations
What do community interpreting for the Deaf in western societies, conference interpreting for the European Parliament, and language brokering in international management have in common? Academic research and professional training have historically emphasized the linguistic and cognitive challenges of interpreting, neglecting or ignoring the social aspects that structure communication. All forms of interpreting are inherently social; they involve relationships among at least three people and two languages. The contexts explored here, American Sign Language/English interpreting and spoken language interpreting within the European Parliament, show that simultaneous interpreting involves attitudes, norms and values about intercultural communication that overemphasize information and discount …
Litigating The Arab-Israeli Conflict In U.S. Courts: Critiquing The Lawfare Critique, William J. Aceves
Litigating The Arab-Israeli Conflict In U.S. Courts: Critiquing The Lawfare Critique, William J. Aceves
William Aceves
The lawfare critique offers a provocative challenge to the use of law and legal process in the context of the Arab-Israeli conflict. It has been used to question the legitimacy of numerous lawsuits filed by individuals harmed in the conflict. The lawfare critique is misguided, however, because it fails to recognize that the purpose of any legal system is to offer a viable alternative to the use of force. In addition, the lawfare critique runs counter to the right to a remedy, a firmly established principle of international law. Legal fora should remain accessible to victims, who should have the …
The International Law Of Migrant Smuggling, Anne T. Gallagher Ao, Fiona David
The International Law Of Migrant Smuggling, Anne T. Gallagher Ao, Fiona David
Anne T Gallagher
An Other History Of Knowledge And Decision In Precautionary Approaches To Sustainability, Saptarishi Bandopadhyay
An Other History Of Knowledge And Decision In Precautionary Approaches To Sustainability, Saptarishi Bandopadhyay
Saptarishi Bandopadhyay
In this paper, I offer an alternative reading of precaution with the hope of recovering the capacity of this ethic to facilitate legal and political decisions. Despite being a popular instrument of international environmental governance, decision-makers continue to understand this principle as reflecting an immemorial and natural instinct for preserving the environment in cases of scientific uncertainty. Such a reading, however, ignores the history and moral basis underlying this principle and thereby renders it obvious, and automatically adaptable to the politics of Sustainable Development. By offering a thicker history of precautionary governance at exemplary moments of ecological crisis I trace …
Emerging Patterns Of Global Constitutionalization: Toward A Conceptual Framework, Karolina Milewicz
Emerging Patterns Of Global Constitutionalization: Toward A Conceptual Framework, Karolina Milewicz
Indiana Journal of Global Legal Studies
Global constitutionalization is a recent phenomenon that is decisively changing the character of the international order. This argument was put forward recently by scholars of international law and has gained significance in the institutional school of thought. However, the notion of "global constitutionalization" is often used imprecisely and has so far been largely neglected in the field of international relations. It still lacks a consistent and operational definition, which would enable political scientists and international relations scholars to conduct empirical research. This article explores a preliminary framework for the concept of global constitutionalization.
Global Constitutionalism – Process and Substance, Symposium. …
Rogue Debtors And Unanticipated Risk, S. I. Strong
Rogue Debtors And Unanticipated Risk, S. I. Strong
Faculty Publications
Commercial actors are becoming increasingly concerned about the effect that various types of political risk, including the risk of sovereign default, has on their investments. This Essay considers the problem of rogue debtors (i.e., states that intentionally ignore their legal and financial obligations) as a type of unanticipated risk and analyzes how well various responses, including domestic litigation, interstate negotiation and investment arbitration, address investors’ needs. In particular, the discussion focuses on how effective investment arbitration is in overcoming a number of difficulties traditionally associated with rogue debtors and the various means by which states are attempting to bypass the …
Bridging The International Law-International Relations Divide: Taking Stock Of Progress, Adam C. Irish, Charlotte Ku, Paul F. Diehl
Bridging The International Law-International Relations Divide: Taking Stock Of Progress, Adam C. Irish, Charlotte Ku, Paul F. Diehl
Georgia Journal of International & Comparative Law
No abstract provided.
Extending Statutes Of Limitations For Victims Of Child Sexual Abuse Based On The Developmental Model And International Law, Rebecca E. Lowe
Extending Statutes Of Limitations For Victims Of Child Sexual Abuse Based On The Developmental Model And International Law, Rebecca E. Lowe
Rebecca E Lowe
No abstract provided.
Advancing National Intellectual Property Policies In A Transnational Context, Marketa Trimble
Advancing National Intellectual Property Policies In A Transnational Context, Marketa Trimble
Boyd Briefs / Road Scholars
Professor Marketa Trimble presented these materials at the Third International Intellectual Property Scholars Roundtable, which was held at the DePaul University College of Law on May 1, 2014.
Cynicism And Guilt In International Law After Rwanda, Luigi Russi
Cynicism And Guilt In International Law After Rwanda, Luigi Russi
Luigi Russi
Framing the Rwandan genocide as a “failure” of international law forces one to approach it as an unintended consequence of an otherwise benign system of formal relations between states. The present article looks at it instead as a physiological product of international law, disclosing the possibility to contemplate the latter as a fundamentally imperialistic system pegged on the controversial notion of “rule of law”. International law embodies a system of legalised extraction swaying between cynicism and guilt: despite its real face showing on occasions like Rwanda, it keeps revamping itself so as to prevent a fundamental appraisal of the contradictory …
The International Trend Toward Requiring Good Cause For Tenant Eviction: Dangerous Portents For The United States?, Andrea B. Carroll
The International Trend Toward Requiring Good Cause For Tenant Eviction: Dangerous Portents For The United States?, Andrea B. Carroll
Andrea Beauchamp Carroll
This article is a first step in an effort to critically examine the invasion of a rather dangerous European property law trend into American law. The view of the right to safe, adequate, and affordable housing as a fundamental right held by all mankind is quickly growing, with more than nine countries now recognizing it. The problem is that the recognition of this fundamental right begs the question of how it is to be assured. The method of assurance chosen by most jurisdictions recognizing a right to housing is a scheme of good cause eviction. Under such a regime, a …
"T.I.A" - This Is Africa - So Why The Icc?, Fletcher Miles
"T.I.A" - This Is Africa - So Why The Icc?, Fletcher Miles
Fletcher V Miles Mr
Since its creation the International Criminal Court (“ICC”) has been under scrutiny and repeatedly criticised for judicial failure and imperial arrogance. At the heart of this criticism is the simple fact that the ICC prosecution list is made up exclusively of African states, which demonstrates a clear bias towards the African continent.
This paper addresses the key factors causing perceptions of bias while considering the extreme difficulties faced by the ICC in operating a judicial body within a politically driven international community. Fundamental issues introduce the background of the bias such as funding distribution, the skew of ICC jurisdiction, colonialism …