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Articles 1 - 14 of 14
Full-Text Articles in Law
The Security Council Powers In Light Of The Peremptory Norms Doctrine, Mohammed Khalil Al Mousa
The Security Council Powers In Light Of The Peremptory Norms Doctrine, Mohammed Khalil Al Mousa
UAEU Law Journal
The main objective of this article is the limitations of the Security Council powers regarding its primary responsibility of maintaining international peace and security. The current article focuses on the possibility of applying the jus cogens norms doctrine (peremptory norms) to the Security Council decisions adopted in accordance with chapter vii of the United Nations charter. International peremptory norms are applied to international agreements and treaties, and this research proposes to extend the application of these norms to the Security Council decisions. If one of these decisions was in conflict with international peremptory norms, it will be void ab initio …
Equity In American And Jewish Law, Itzchak E. Kornfeld , Ph.D.
Equity In American And Jewish Law, Itzchak E. Kornfeld , Ph.D.
Touro Law Review
No abstract provided.
Location Savings And Segmented Factor Input Markets: In Search Of A Tax Treaty Solution, Mitchell A. Kane
Location Savings And Segmented Factor Input Markets: In Search Of A Tax Treaty Solution, Mitchell A. Kane
Brooklyn Journal of International Law
This article analyzes the proper bounds of source-based taxation of profits generated when firms outsource factor inputs, such as labor, to achieve cost savings. The article advances arguments grounded in efficiency, treaty text, and international distribution to justify greater source-based taxation than has historically been the case. To implement such expanded taxation, the article proposes a modification to transfer-pricing rules in instances where factor inputs are acquired from affiliates and a modification to the tax treaty rules regarding permanent establishments where factor inputs are acquired from unrelated parties. Finally, the article deals with a range of complications, particularly relating to …
The Responsibility To Protect: Emerging Norm Or Failed Doctrine?, Camila Pupparo
The Responsibility To Protect: Emerging Norm Or Failed Doctrine?, Camila Pupparo
Global Tides
This paper seeks to investigate the current shift from the non-intervention norm towards the “Responsibility to Protect,” commonly abbreviated as “RtoP,” which actually mandates intervention in cases of humanitarian intervention disasters. I will look at the May 2011 application of the R2P doctrine to the humanitarian crisis in Libya and assess whether it was a success or a failure. Many critics of the “Responsibility to Protect” norm consider it to be yet another imperial tool used by the West to pursue national interests, so this paper analyzes this argument in detail, referring to case study examples, particularly in the Middle …
An Overview Of The Doctrine Of The Piercing Of The Corporate Veil As Applied By Latin American Countries: A U.S. Legal Creation Exported To Civil Law Jurisdictions, Joseph Mauricio Bello
An Overview Of The Doctrine Of The Piercing Of The Corporate Veil As Applied By Latin American Countries: A U.S. Legal Creation Exported To Civil Law Jurisdictions, Joseph Mauricio Bello
ILSA Journal of International & Comparative Law
Piercing the corporate veil is a doctrine created within the United States (U.S.) common law system.
Revisiting The Doctrine Of Intergenerational Equity In Global Environmental Governance, Lynda M. Collins
Revisiting The Doctrine Of Intergenerational Equity In Global Environmental Governance, Lynda M. Collins
Dalhousie Law Journal
In the absence of binding international enforcement mechanisms, global environmental governance must rely on a legal framework that has widespread normative force around the world. In addition, such a framework should be sufficiently detailed and pragmatic to allow for effective implementation, should achieve the goal of environmental protection, and should be reasonable in terms of the level of sacrifice expected of the present generation, particularly in the developing world. Itis arguedthat the comprehensive doctrine ofintergenerational equity is an effective and appropriate legal framework for global environmental governance. The doctrine ofintergenerational equityposits thepresent generation of humans as simultaneously beneficiaries of the …
The Vexing Problem Of Authority In Humanitarian Intervention: A Proposal, Fernando R. Tesón
The Vexing Problem Of Authority In Humanitarian Intervention: A Proposal, Fernando R. Tesón
Scholarly Publications
As is well known, the doctrine of humanitarian intervention raises a host of thorny issues: the threshold for intervention, the question of proportionality, the problem of last resort, the dilemma of whether or not to codify standards and procedures, and so forth. In this paper I will not address those issues; crucial and controversial as they are; I will assume that they have been somehow settled. I will also assume that it is desirable to find alternatives to unilateral intervention. The question, then, becomes this: who should authorize humanitarian intervention? Any acceptable authorizing procedure must avoid over-intervention and abuse on …
The Helms-Burton Act: The Final Piece To Bring Down The Tyrant's Regime, Franchesco Soto
The Helms-Burton Act: The Final Piece To Bring Down The Tyrant's Regime, Franchesco Soto
ILSA Journal of International & Comparative Law
In 1960, President Dwight D. Eisenhower began what has become one of the longest standing economic embargoes this country has ever had against another country
Comparative Law: Its Purposes And Possibilities, Christopher L. Blakesley
Comparative Law: Its Purposes And Possibilities, Christopher L. Blakesley
Scholarly Works
Comparative law is much more than “matching laws.” Professor Grossfield’s short, lively book will certainly awaken its German reader to the value, indeed necessity, of comparative law and comparative insights in his or her own practice or scholarly work. This, he aims at the skeptic who may think of comparative law or foreign legal systems as arcane and useless fluff, too luxurious for the hard working “practical-minded” practitioner. Professor Grossfield throws the cold water of realization into this skeptic’s face. The message being that considering comparative approaches and theory about similar problems may indeed be as practical as one can …
The Soviet View On International Law, Leon S. Lipson
The Soviet View On International Law, Leon S. Lipson
International Law Studies
No abstract provided.
The Soviet View Of International Law, Oliver J. Lissitzyn
The Soviet View Of International Law, Oliver J. Lissitzyn
International Law Studies
No abstract provided.
Special Aspects Of Jurisdiction At Sea, Brunson Macchesney
Special Aspects Of Jurisdiction At Sea, Brunson Macchesney
International Law Studies
No abstract provided.
Special Aspects Of Jurisdiction At Sea, Wilfred A. Hearn
Special Aspects Of Jurisdiction At Sea, Wilfred A. Hearn
International Law Studies
No abstract provided.
An Introduction To The Role Of Law In The World Community, W. Thomas Mallison Jr.
An Introduction To The Role Of Law In The World Community, W. Thomas Mallison Jr.
International Law Studies
No abstract provided.