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Articles 1 - 30 of 1142
Full-Text Articles in Law
Astroturf Activism, Melissa J. Durkee
Astroturf Activism, Melissa J. Durkee
Scholarly Works
Corporate influence in government is more than a national issue; it is an international phenomenon. For years, businesses have been infiltrating international legal processes. They secretly lobby lawmakers through front groups: “astroturf” imitations of grassroots organizations. But because this business lobbying is covert, it has been underappreciated in both the literature and the law. This Article unearths the “astroturf activism” phenomenon. It offers an original descriptive account that classifies modes of business access to international officials and identifies harms, then develops a critical analysis of the laws that regulate this access. I show that the perplexing set of access rules …
Biodiversity Beyond National Jurisdiction: Current Debate And Indonesia's Interest, Gulardi Nurbintoro, Haryo Budi Nugroho
Biodiversity Beyond National Jurisdiction: Current Debate And Indonesia's Interest, Gulardi Nurbintoro, Haryo Budi Nugroho
Indonesia Law Review
The drafters of the 1982 UN Convention on the Law of the Sea (UNCLOS) have left behind a lacunae in terms of the regulations concerning Biodiversity in the Areas Beyond National Jurisdiction (BBNJ). As living organisms are found in the deep seabed in areas beyond national jurisdiction, as well as the utilization of marine genetic resources beyond national jurisdiction for commercial purposes, States are currently deliberating on the proper regime in dealing with the management and exploitation of the biodiversity. Some States argue that Part XI UNCLOS applies hence BBNJ is also part of the Common Heritage of Mankind. On …
Aviation Law: Warsaw Convention Liability Principles Extend To Damage From Terrorist Attack, Leon Adams Jr.
Aviation Law: Warsaw Convention Liability Principles Extend To Damage From Terrorist Attack, Leon Adams Jr.
Georgia Journal of International & Comparative Law
No abstract provided.
Legal Implications Of Direct Satellite Broadcasting – The U.N. Working Group, Nancy M. Lesko
Legal Implications Of Direct Satellite Broadcasting – The U.N. Working Group, Nancy M. Lesko
Georgia Journal of International & Comparative Law
No abstract provided.
Maintenance Of Value In The General Account And Valuation Of The Sdr In The Special Drawing Account Of The Imf, Robert C. Effros
Maintenance Of Value In The General Account And Valuation Of The Sdr In The Special Drawing Account Of The Imf, Robert C. Effros
Georgia Journal of International & Comparative Law
No abstract provided.
Some Remarks On Self-Defense And Intervention: A Reaction To Reading Law And Civil War In The Modern World, Josef Rohlik
Some Remarks On Self-Defense And Intervention: A Reaction To Reading Law And Civil War In The Modern World, Josef Rohlik
Georgia Journal of International & Comparative Law
No abstract provided.
The Role Of Domestic Courts In The International Legal Order: A Tribute To Richard Falk, Janet Walker
The Role Of Domestic Courts In The International Legal Order: A Tribute To Richard Falk, Janet Walker
Janet Walker
Forty years ago, when I was a child, the world was a different place. Tele- vision was a new invention:
The Legality Of Extraterritorial Application Of Competition Law And The Need To Adopt A Unified Approach, Thanh Phan
The Legality Of Extraterritorial Application Of Competition Law And The Need To Adopt A Unified Approach, Thanh Phan
Louisiana Law Review
The article focuses on the international law and the foundation of the extraterritorial application of competition law (EACL) and proposes a unified approach for all countries to use when considering the extraterritorial application of competition law.
Historical Trauma And Refugee Reception: Armenians And Syrian-Armenian Co-Ethnics, Nicole M. Campos
Historical Trauma And Refugee Reception: Armenians And Syrian-Armenian Co-Ethnics, Nicole M. Campos
Master's Theses
This thesis considers the ways in which Armenian history has influenced integration of Syrian-Armenian refugees into Armenia due to the ongoing Syrian War. Ethnic Armenian outlooks were analyzed relative to the influx of Syrian refugees, particularly co-ethnic Syrian-Armenians. Field work in Armenia found a sustained cultural impression of Armenians’ Soviet membership and genocide. Findings suggest that recognizing the importance of history as it may or may not affect migration reception policies and attitudes is important to developing sustainable resettlement environments, at least until repatriation or third-country resettlement becomes an option to migrants. Ultimately, this thesis argues that more attention must …
Running For Ayotzinapa: A Father's Marathon To Find His Son, Gustavo Martínez
Running For Ayotzinapa: A Father's Marathon To Find His Son, Gustavo Martínez
Capstones
People find a world of reasons to run marathons: to fight cancer, to raise money for a charity, to fulfill a promise. But Antonio Tizapa runs for the reason that has dictated his every waking moment for more than two years: finding his son. The story is presented through a written piece and a video short documentary. It follows Tizapa through events and races in the New York City area.
Emigration, Repatriation And The Reality Of Returned Youth In El Salvador, Isabel C. Duarte Vasquez
Emigration, Repatriation And The Reality Of Returned Youth In El Salvador, Isabel C. Duarte Vasquez
Master's Theses
According to US Customs and Border Protection, over 59 thousand unaccompanied minors from the Northern Triangle (Guatemala, Honduras and El Salvador) have been detained at the US border, of those 59 thousand, 17 thousand are from El Salvador. El Salvador is home to some of the most dangerous and ruthless gangs of the twenty-first century. Their ruthlessness comes from 1980s guerrilla warfare experience. In addition, El Salvador serves as a transshipment point for illicit substances from South America into Mexico. These dynamics fuel the homicide rate of the region as local gang members must protect their territory by any means …
Chemical Weapons And Other Atrocities: Contrasting Responses To The Syrian Crisis, Tim Mccormack
Chemical Weapons And Other Atrocities: Contrasting Responses To The Syrian Crisis, Tim Mccormack
International Law Studies
Why has the use of chemical weapons in Syria engendered such a substantive multilateral response in stark contrast to almost every other egregious international law violation perpetrated against the civilian population? Various theories have been offered but the explanation has little to do with humanitarian concerns for Syrian victims and is more readily explicable by unusual (in the Syrian context) alignment of U.S. and Russian national interests. Bashar al-Assad was convinced to accede to the Chemical Weapons Convention, to surrender his stockpiles of chemical weapons and to co-operate with international investigators deployed under UN Security Council auspices amid a cacophony …
Co-Developing Drugs With Indigenous Communities: Lessons From Peruvian Law And The Ayahuasca Patent Dispute, Daniel S. Sem
Co-Developing Drugs With Indigenous Communities: Lessons From Peruvian Law And The Ayahuasca Patent Dispute, Daniel S. Sem
Richmond Journal of Law & Technology
This paper will examine the issues surrounding the codevelopment of drugs derived from traditional medicines used by indigenous peoples in Amazonia, with a focus on Peru. In particular, this paper will explore what national, regional and international legal structures are in place to protect the interests of indigenous peoples, while at the same time providing medical benefit to the world. This issue is explored in the context of Peruvian, U.S., and international treaties – especially the TRIPS agreement, the Andean Community, sui generis protections, and the US-Peru Trade Promotion Agreement.
Beyond Trade Deals: Charting A Post-Brexit Course For Uk Investment Treaties, Lise Johnson, Lorenzo Cotula
Beyond Trade Deals: Charting A Post-Brexit Course For Uk Investment Treaties, Lise Johnson, Lorenzo Cotula
Columbia Center on Sustainable Investment Staff Publications
The Brexit referendum has raised questions about the future terms of the United Kingdom’s engagement with the world economy. While a debate over the UK’s future approach to trade deals has already begun, a similar discussion has yet to develop on the treaties that govern foreign investment. As this briefing note by Lorenzo Cotula of the International Institute for Environment and Development, and Lise Johnson of CCSI highlights, the stakes are high: ill-designed treaties could leave the UK excessively exposed to legal claims by foreign companies and could fail to address relevant economic, social and environmental challenges. While meaningful negotiations …
The U.S. Law Regime Of Sovereign Immunity And The Sovereign Wealth Funds, Victorino J. Tejera
The U.S. Law Regime Of Sovereign Immunity And The Sovereign Wealth Funds, Victorino J. Tejera
University of Miami Business Law Review
This article is concerned with the applicability of sovereign immunity to the so-called sovereign wealth funds (“SWFs”) within the U.S. legal system. While sovereign immunity has existed for at least two centuries, SWFs and the types of investment activities they conduct on behalf of their parent foreign states are a rather recent phenomenon. As a result, the issue of the applicability of the rules on sovereign immunity to the SWFs poses novel legal challenges and difficulties. In a nutshell, this article is intended to answer the following questions: Are SWFs entitled to invoke sovereign immunity before U.S. courts? If so, …
Defining “Accidents” In The Air: Why Tort Law Principles Are Essential To Interpret The Montreal Convention’S “Accident” Requirement, Alexa West
Fordham Law Review
This Note examines the history of, and the reasons for, the Montreal Convention, which in part forces airlines to indemnify passengers for injuries resulting from “accidents”—a term undefined in the treaty. The Montreal Convention and the subsequent case law interpreting it demonstrate how, to qualify as an “accident,” the injury-producing incident must be causally connected to the plane’s operation. Importantly, the causal connection’s adequacy should be evaluated according to American tort jurisprudence even though the accident requirement itself is an exception to general tort law. This Note focuses on a particular type of injury-producing event, a copassenger tort, because of …
Punishing Genocide: A Comparative Empirical Analysis Of Sentencing Laws And Practices At The International Criminal Tribunal For Rwanda (Ictr), Rwandan Domestic Courts, And Gacaca Courts, Barbora Hola, Hollie Nyseth Brehm
Punishing Genocide: A Comparative Empirical Analysis Of Sentencing Laws And Practices At The International Criminal Tribunal For Rwanda (Ictr), Rwandan Domestic Courts, And Gacaca Courts, Barbora Hola, Hollie Nyseth Brehm
Genocide Studies and Prevention: An International Journal
This article compares sentencing of those convicted of participation in the 1994 genocide in Rwanda. With over one million people facing trial, Rwanda constitutes the world’s most comprehensive case of criminal accountability after genocide and presents an important case study of punishing genocide. Criminal courts at three different levels— international, domestic, and local—sought justice in the aftermath of the violence. In order to compare punishment at each level, we analyze an unprecedented database of sentences given by the ICTR, the Rwandan domestic courts, and Rwanda’s Gacaca courts. The analysis demonstrates that sentencing varied across the three levels—ranging from limited time …
Gender Discrimination And Statelessness In The Gulf Cooperation Council States, Betsy L. Fisher
Gender Discrimination And Statelessness In The Gulf Cooperation Council States, Betsy L. Fisher
Michigan Journal of Gender & Law
Using the Gulf Cooperation Council countries as a case study, this Article outlines the ways in which gender and birth status discrimination create new cases of statelessness. These occur when women are legally unable to convey their nationality to their children. This Article studies gender and birth status discrimination in nationality laws and in civil registration, family, and criminal law in each GCC state: Bahrain, Kuwait, Oman, Qatar, Saudi Arabia, and the United Arab Emirates. Ending statelessness will require these states to end discrimination against women and non-marital children in all of its forms in law and practice.
Playing Off-Key: Trans-Atlantic Data Regulation In A Discordant World, Jennifer L. Bauer
Playing Off-Key: Trans-Atlantic Data Regulation In A Discordant World, Jennifer L. Bauer
West Virginia Law Review
No abstract provided.
How New York Investors Financed The Looting Of Syria, Ukraine, And Iraq: The Need To Increase Civil Liabilities For "Current Possessors" Of Stolen Antiquities In The 21st Century, Lukas Padegimas
Global Business Law Review
This note argues that the U.S. should pass its own self-policing legislation that will make it less enticing for thieves to try to sell stolen antiquities to the U.S. market. Our world heritage is under threat from undeterred looting, which results in antiquities vanishing from museum storerooms and archeological sites before ending up in the storerooms of investors. Currently, source nations that attempt to have stolen antiquities returned are deterred by the high legal costs involved. As the biggest market for stolen cultural property, states within the U.S. should amend current replevin laws so that the possessors of stolen cultural …
Mitigating Cyber Risk In It Supply Chains, Maureen Wallace
Mitigating Cyber Risk In It Supply Chains, Maureen Wallace
Global Business Law Review
This note argues that the United States needs to utilize current federal agencies to begin introducing cyber supply chain risk management regulation for IT supply chains. Cyber supply chain risk management is a critical area of cybersecurity that has barely been recognized by the United States government. The globalization of the digital world has introduced a new spectrum of risk management issues that affect the products exchanged by businesses and consumed by individuals and government agencies. While there have been some initiatives toward the promotion of tighter cybersecurity regulation, most initiatives only concern the public sector, leaving the private sector …
Case Note: Case Of Vasiliauskas V. Lithuania In The European Court Of Human Rights, Stoyan Panov
Case Note: Case Of Vasiliauskas V. Lithuania In The European Court Of Human Rights, Stoyan Panov
Genocide Studies and Prevention: An International Journal
No abstract provided.
Embedded Contracts And A Continuum Of Sovereign Debt, Odette Lienau
Embedded Contracts And A Continuum Of Sovereign Debt, Odette Lienau
Cornell Law Faculty Publications
What is the relationship of a government to its population as it pertains to sovereign debt? And how does this fit into the larger web of relationships and obligations that make up the international financial arena? These questions are incredibly difficult to think through – beyond the capacity of one author alone. I am therefore grateful to have the company of Yuri Biondi, Barry Herman, Tomoko Ishikawa, and Kunibert Raffer in beginning to consider them. In addressing their thoughtful and thought-provoking comments, I see this response less as an opportunity to answer every potential challenge or differential emphasis. Indeed, the …
De L'Affaire Katanga Au Contrat Social Global: Un Regard Sur La Cour Pénale Internationale, Juan Branco
De L'Affaire Katanga Au Contrat Social Global: Un Regard Sur La Cour Pénale Internationale, Juan Branco
Juan Branco
No abstract provided.
U.S. Patent Extraterritoriality Within The International Context, Amy L. Landers
U.S. Patent Extraterritoriality Within The International Context, Amy L. Landers
Amy L. Landers
Act Of State Doctrine: Actions Of Intervenors Appointed By The Cuban Government And Statements Of Counsel Do Not Constitute Sufficient Acts Of State To Come Within The Doctrine (Alfred Dunhill Of London, Inc. V. Republic Of Cuba, S. Ct. 1976), John C. Stephens
Georgia Journal of International & Comparative Law
No abstract provided.
Jus Cogens In International Law, With A Projected List, Marjorie M. Whiteman
Jus Cogens In International Law, With A Projected List, Marjorie M. Whiteman
Georgia Journal of International & Comparative Law
No abstract provided.
The World Court And The Peaceful Settlement Of Disputes, Cornelius F. Murphy Jr.
The World Court And The Peaceful Settlement Of Disputes, Cornelius F. Murphy Jr.
Georgia Journal of International & Comparative Law
No abstract provided.
Law And Modernization In China: The Juridical Behavior Of The Chinese Communists, Daniel J. Hoffheimer
Law And Modernization In China: The Juridical Behavior Of The Chinese Communists, Daniel J. Hoffheimer
Georgia Journal of International & Comparative Law
No abstract provided.