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Articles 12541 - 12570 of 13590
Full-Text Articles in Law
A Survey Of Intellectual Property Issues Between The United States And India Under The Special 301 Report, Seemantani Sharma
A Survey Of Intellectual Property Issues Between The United States And India Under The Special 301 Report, Seemantani Sharma
North Carolina Journal of International Law
No abstract provided.
Interpretation Of Forum Selection Clauses: A Survey Of Select English- And German-Speaking Jurisdictions, Ashlee Schaller
Interpretation Of Forum Selection Clauses: A Survey Of Select English- And German-Speaking Jurisdictions, Ashlee Schaller
North Carolina Journal of International Law
No abstract provided.
Let’S Have Soufflé Instead: Selective Reform Of The Investor-State Dispute Settlement Regime, Esther-Jane Grenness
Let’S Have Soufflé Instead: Selective Reform Of The Investor-State Dispute Settlement Regime, Esther-Jane Grenness
University of Baltimore Journal of International Law
A network of agreements comprising the investment treaty law regime cover international investments. It is a system rife with abuses made possible by loopholes and an inconsistent body of law. The system is in a legitimacy crisis and many seek to dismantle it entirely. Numerous alternatives and improvements have been proffered but few impactful steps have been taken to mitigate the problems within it. This comment advocates for an incremental approach that keeps the parts of the system that work while removing aspects that enable the most egregious abuses.
The United Nations Security Council’S Implementation Of The Responsibility To Protect: A Review Of Past Interventions And Recommendations For Improvement, Jared Genser
Chicago Journal of International Law
When it was codified and adopted by the United Nations (U.N.) system in 2005, the doctrine of the Responsibility to Protect (R2P) was meant to provide an implementation mechanism for the international community to respond to governments that were perpetrating mass atrocity crimes of genocide, war crimes, ethnic cleansing, and crimes against humanity against their own people. As R2P is now in its second decade of existence as a codified norm, it is important to comprehensively evaluate past implementation of R2P by the United Nations Security Council—the U.N. body charged with taking collective action when all other diplomacy has failed …
Resolving Legal Claims Between The United States And Cuba: Applying International Law Where Diplomacy Alone Falls Short, Joyce Rodriguez
Resolving Legal Claims Between The United States And Cuba: Applying International Law Where Diplomacy Alone Falls Short, Joyce Rodriguez
South Carolina Journal of International Law and Business
No abstract provided.
Foreword: Corporations On Trial For Human Rights Violations, Michael P. Scharf, Brooke Tyus
Foreword: Corporations On Trial For Human Rights Violations, Michael P. Scharf, Brooke Tyus
Case Western Reserve Journal of International Law
An introduction to the journal is presented.
Volume 50, Cwru Journal Of International Law
Volume 50, Cwru Journal Of International Law
Case Western Reserve Journal of International Law
No abstract provided.
Masthead, Volume 50 (2018)
Masthead, Volume 50 (2018)
Case Western Reserve Journal of International Law
No abstract provided.
A Human Rights Perspective On Professional Responsibility In Global Corporate Practice, David Nersessian
A Human Rights Perspective On Professional Responsibility In Global Corporate Practice, David Nersessian
Case Western Reserve Journal of International Law
The direct applicability of human rights law to the attorney-client relationship has serious implications for ethical corporate governance. In addition to creating criminal and civil risks for lawyer and client alike, the specter of human rights violations in business dealings gives rise to myriad ethical questions for corporate lawyers to consider and resolve. These include matters such as the legitimate object and scope of corporate representation, conflicts of interest, duties to withdraw, and matters of competence and communication in corporate governance. They also raise questions of professional secrecy and whether ethical codes permit (or even require) lawyers to reveal confidential …
Liberals Vs Romantics: Challenges Of An Emerging Corporate International Criminal Law, Carsten Stahn
Liberals Vs Romantics: Challenges Of An Emerging Corporate International Criminal Law, Carsten Stahn
Case Western Reserve Journal of International Law
Holding bystanders and corporate agents accountable for international crimes is often at the periphery of international criminal justice. Based on its liberal foundations, international criminal law has traditionally been strongly centered on individual agency. In the industrialist cases after World War II, individual criminal responsibility was used to demonstrate and sanction corporate involvement in crime. Ideas of corporate criminal responsibility have been voiced in the post-war era and in the context of the negotiations of the Statute. In recent years, they have witnessed a renaissance in several contexts: the jurisprudence of the Special Tribunal for Lebanon, the Malabo Protocol of …
Talking Foreign Policy: Jesner V. Arab Bank, Michael Scharf, Et Al.
Talking Foreign Policy: Jesner V. Arab Bank, Michael Scharf, Et Al.
Case Western Reserve Journal of International Law
No abstract provided.
The Cost Of Territoriality: Jus Cogens Claims Against Corporations, Ursula Tracy Doyle
The Cost Of Territoriality: Jus Cogens Claims Against Corporations, Ursula Tracy Doyle
Case Western Reserve Journal of International Law
The article considers the apparent disjunction between the Court's effective limitation of liability for the U.S. corporation and expansive liability for the natural person for similar crimes. Topics include Jus Cogens claims against corporations; court cases Jesner v. Arab Bank, PLC and Kiobel v. Royal Dutch Petroleum Co. on the same; and Alien Tort Statute on the same.
Atrocities By Corporate Actors: A Historical Perspective, Michael J. Kelly
Atrocities By Corporate Actors: A Historical Perspective, Michael J. Kelly
Case Western Reserve Journal of International Law
The article focuses on developments in international criminal law in addressing corporate human rights violations.
2018 Klatsky Endowed Lecture In Human Rights: The International Law Commission's Proposal For A Convention On The Prevention And Punishment Of Crimes Against Humanity, Sean D. Murphy
Case Western Reserve Journal of International Law
Sean D. Murphy gives the Klatsky Endowed Lecture on Human Rights, describing his efforts at the International Law Commission to bring about an international Convention on Crimes Against Humanity
Corporate Engagement With Public Policy: The New Frontier Of Ethical Business, Caroline Kaeb
Corporate Engagement With Public Policy: The New Frontier Of Ethical Business, Caroline Kaeb
Case Western Reserve Journal of International Law
The article explains that a normative framework for corporate engagement with public policy is required as part of the evolving corporate responsibility paradigm.
Brand As Information Intermediary, Kishanthi Parella
Brand As Information Intermediary, Kishanthi Parella
Case Western Reserve Journal of International Law
The article describes the function of transnational corporations in many global supply chains as information intermediaries, which carries with it responsibilities and opportunities for incentivization.
Corporate Liability For Human Rights Violations: The Future Of The Alien Tort Claims Act, Milena Sterio
Corporate Liability For Human Rights Violations: The Future Of The Alien Tort Claims Act, Milena Sterio
Case Western Reserve Journal of International Law
The article discusses issue of corporate liability under the U.S. Alien Tort Claims Act.
If It Looks Like A Duck: Reining In Private-Military Contractor Conduct Through The Amended Ucmj, Michael Anderson
If It Looks Like A Duck: Reining In Private-Military Contractor Conduct Through The Amended Ucmj, Michael Anderson
Case Western Reserve Journal of International Law
Although women's rights in many countries reflect Sharia Law, the interpretation of Sharia Law is not uniform across these countries. As a result, not all countries that follow Sharia Law protect women's rights to the same degree. We can hypothesize that the interpretation of Sharia Law in various countries, and therefore the protection of women's rights, is determined by the historical forces that have shaped that country's cultural life. To test this hypothesis, this Note traces the history of three countries in order to explore what led each country to develop vastly different beliefs surrounding the rights of women under …
"Living Together" Or Living Apart From Religious Freedoms? The European Court Of Human Right's Concept Of "Living Together" And Its Impact On Religious Freedom, Shelby Wade
Case Western Reserve Journal of International Law
In the 2014 monumental court decision S.A.S. v. France, the European Court of Human Rights ruled that the French law banning both burqas and niqabs in public spaces was justified. The Court based this justification on the concept of "living together," stating this newly-created concept allowed limitations on certain rights, such as the freedom of religion. With this decision, the Court vacated precedent which used a balancing test to weigh exceptions, such as national security in very narrow situations, against the limitations on individual freedoms. The new "living together" test is extremely farfetched, vague, and controversial. This Note discusses the …
Keynote Address: Is The Presumption Of Corporate Impunity Dead?, Ambassador David Scheffer
Keynote Address: Is The Presumption Of Corporate Impunity Dead?, Ambassador David Scheffer
Case Western Reserve Journal of International Law
No abstract provided.
Historical Determinism And Women's Rights In Sharia Law, Mackenzie Glaze
Historical Determinism And Women's Rights In Sharia Law, Mackenzie Glaze
Case Western Reserve Journal of International Law
Although women's rights in many countries reflect Sharia Law, the interpretation of Sharia Law is not uniform across these countries. As a result, not all countries that follow Sharia Law protect women's rights to the same degree. We can hypothesize that the interpretation of Sharia Law in various countries, and therefore the protection of women's rights, is determined by the historical forces that have shaped that country's cultural life. To test this hypothesis, this Note traces the history of three countries in order to explore what led each country to develop vastly different beliefs surrounding the rights of women under …
Tearing Down The Wall Between Refugee And Gang-Based-Asylum Seekers: Why The United States Should Reconsider Its Stance On Central-American Gang-Based Asylum Claims, Katelyn Masetta- Alvarez
Tearing Down The Wall Between Refugee And Gang-Based-Asylum Seekers: Why The United States Should Reconsider Its Stance On Central-American Gang-Based Asylum Claims, Katelyn Masetta- Alvarez
Case Western Reserve Journal of International Law
Gang violence is plaguing El Salvador, Guatemala, and Honduras. Murder, sexual violence, and other major human rights violations committed by gang members has forced countless people to seek protection in surrounding countries...
Cusli Expert Roundtable Report On "Is There A Path Forward For North American Trade?", Sophie E. Bones, Dena Shayne
Cusli Expert Roundtable Report On "Is There A Path Forward For North American Trade?", Sophie E. Bones, Dena Shayne
Canada-United States Law Journal
The following is a report of the Canada-United States Law Institute's November 2017 Experts Meeting held at the offices of Steptoe & Johnson LLP in Washington, D.C. The Meeting focused on the current state and future of the North American Free Trade Agreement.
Joint Law-Business Case Study Competition Program, Canada-United States Law Institute
Joint Law-Business Case Study Competition Program, Canada-United States Law Institute
Canada-United States Law Journal
The article offers information on Joint Law-Business Case Study Competition project. It mentions about competition will provide law students growth of interdisciplinary learning; and will provide Canada-United States Law Institute and its supporting institutions with a unique student competition experience of Moot Court model. It also mentions about use of negotiation agreements in commercial law.
La Agresión Como Punto De Contacto Entre El Derecho Internacional De Los Derechos Humanos Y El Derecho Internacional Humanitario, Luciano Pezzano
La Agresión Como Punto De Contacto Entre El Derecho Internacional De Los Derechos Humanos Y El Derecho Internacional Humanitario, Luciano Pezzano
American University International Law Review
No abstract provided.
Preparing To Commit Domestic Terrorist Activity: Does The United States Have Adequate Tools To Stop This?, Diane Webber
Preparing To Commit Domestic Terrorist Activity: Does The United States Have Adequate Tools To Stop This?, Diane Webber
American University International Law Review
No abstract provided.
The Judicial Protection Of Anti-Judicial Speech, Thomas Keck, Michael O. Sawyer, Brandon T. Metroka, Weber S. Price
The Judicial Protection Of Anti-Judicial Speech, Thomas Keck, Michael O. Sawyer, Brandon T. Metroka, Weber S. Price
American University International Law Review
No abstract provided.
Rule Of Law, State Capture, And Human Development In Africa, John Mbaku
Rule Of Law, State Capture, And Human Development In Africa, John Mbaku
American University International Law Review
No abstract provided.
The State Of Investor-State Arbitration: A Reality Check Of The Issues, Trends, And Directions In Asia-Pacific, Julien Chaisse, Rahul Donde
The State Of Investor-State Arbitration: A Reality Check Of The Issues, Trends, And Directions In Asia-Pacific, Julien Chaisse, Rahul Donde
The International Lawyer
No abstract provided.
Precarious Employment: Varying Approaches To Foreign Sovereign Immunity In Labor Disputes, Richard Garnett
Precarious Employment: Varying Approaches To Foreign Sovereign Immunity In Labor Disputes, Richard Garnett
The International Lawyer
No abstract provided.