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2015

International Law

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Articles 1441 - 1445 of 1445

Full-Text Articles in Law

The Persistence Of Sovereignty And The Rise Of The Legal Subject, Michael A. Helfand Dec 2014

The Persistence Of Sovereignty And The Rise Of The Legal Subject, Michael A. Helfand

Michael A Helfand

Several states have considered bills aimed at preventing courts from enforcing, considering, or relying on both religious and international law. This legislative pushback on international and religious law reflects a concerted effort to consolidate legal authority by asserting the state as the only source of legitimate law. As the core of this controversy stands an age-old philosophical dispute over the relationship between sovereignty and law: Does state sovereignty preclude the possibility of law both above the state – that is, international law – and below the state – that is, religious and customary law? This tension tracks a long-standing fissure …


The United States’ Multidimensional Approach To Combatting Corruption, Padideh Ala'i Dec 2014

The United States’ Multidimensional Approach To Combatting Corruption, Padideh Ala'i

Padideh Ala'i

The United Scares legal system seeks to prevent and prohibit bribery and corruption through a myriad of laws, regulations and policies. Anti-corruption jurisprudence is more developed in the context of public sector contracts where the United States criminalizes bribery of public officials through 18 U.S.C. § 201 ( Bribery of Public Officials and Witnesses). In addition, the United States was the first country to criminalize bribery of foreign government officials in 1977 with the passage of the Foreign Corrupt Practices Act (FCPA). The FCPA has since been amended 10 comply wi1h the adop1ion of the OECD Conven1ion on Comba1ing Bribery …


Corporate "Human Rights" To Intellectual Property Protection, J. Janewa Osei Tutu Dec 2014

Corporate "Human Rights" To Intellectual Property Protection, J. Janewa Osei Tutu

J. Janewa Osei-Tutu

The global intellectual property system protects the interests of intellectual property owners, sometimes to the detriment of competing interests like public health or access to knowledge. Some scholars have proposed a human rights framework for intellectual property as a way to inject balance into the current system. However, the assertion that human rights will bring balance is often coupled with the assumption that corporations are, by definition, excluded from human rights-based intellectual property claims. Yet, corporations have used, and are likely to continue to use, human rights law to ground their intellectual property claims. Since multinational corporations were a major …


An Economic Analysis Of Liability And Compensation For Harm From Large-Scale Solar Climate Engineering Field Research, Jesse Reynolds Dec 2014

An Economic Analysis Of Liability And Compensation For Harm From Large-Scale Solar Climate Engineering Field Research, Jesse Reynolds

Jesse Reynolds

Solar climate engineering is under increasing consideration as a potential means to reduce climate change risks. Its field research may generate knowledge to reduce climate risks to humans and the environment and will, at sufficient scales, pose its own risks, some of which will be transboundary. Liability or compensation for harm is frequently referenced as a possible component of international regulation of solar climate engineering but has been insufficiently elaborated. This article offers an economic analysis of the possible interrelated roles of rules, liability, and compensation in the future international regulation of large-scale solar climate engineering field research. Notably, the …


Litigating In The Qatar International Court / لتقاضي في محكمة قطر الدولية, Gerald Lebovits Dec 2014

Litigating In The Qatar International Court / لتقاضي في محكمة قطر الدولية, Gerald Lebovits

Hon. Gerald Lebovits

No abstract provided.