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Articles 481 - 510 of 844
Full-Text Articles in Comparative and Foreign Law
Property And Political Community: Democracy, Oligarchy, And The Case Of Ukraine, Monica E. Eppinger
Property And Political Community: Democracy, Oligarchy, And The Case Of Ukraine, Monica E. Eppinger
All Faculty Scholarship
Widening wealth gaps in Western democracies have brought new scrutiny to relationships between property and political community. For the prior quarter century, Western legal scholars have urged privatization around the globe as the key to a virtuous circle of "market democracy." This Article traces origins of the market democracy consensus to ideas that identify positive features of political community -- liberty, wealth, or democracy -- with private property ownership. Fieldwork in Ukraine, where Western privatization advice was followed at a time of founding a new polity, provides data to compare predictions with outcomes. Two unexpected figures -- the Oligarch and …
Unilateral Non-Colonial Secession And The Criteria For Statehood In International Law, Glen Anderson
Unilateral Non-Colonial Secession And The Criteria For Statehood In International Law, Glen Anderson
Brooklyn Journal of International Law
The following article examines the interactions between the right of peoples to unilateral non-colonial (“UNC”) secession and the criteria for statehood in international law. In this respect a three-point thesis is developed. First, it is argued that the law of self-determination has resulted in a less strict application of the criteria for statehood based on effectiveness, particularly the effective government criterion. This means that a state created by UNC secession pursuant to the law of self-determination will not have its statehood called into question if lacks an effective government. Second, it is argued that the declaratory approach to recognition is …
Liberte, Egalite, Fraternite: The United Nations Declaration Of The Rights Of Indigenous Peoples Fails To Protect Hopi Katsinam From The Auction Block In France, Samantha K. Nikic
Liberte, Egalite, Fraternite: The United Nations Declaration Of The Rights Of Indigenous Peoples Fails To Protect Hopi Katsinam From The Auction Block In France, Samantha K. Nikic
Brooklyn Journal of International Law
The United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) compels member states to take action in order to protect the rights of the world’s 370 million indigenous peoples, including the right to their cultural property. Notwithstanding the UNDRIP’s robust set of protections, its status as a nonbinding piece of international law remains its ultimate and most fatal flaw. France was an enthusiastic supporter of the UNDRIP at ratification, but has effectively abandoned their position. French auction houses and courts have allowed for sales of Native American sacred property to proceed despite the objections of the Hopi Tribe. In …
The Problem With Frand: How The Licensing Commitments Of Standard-Setting Organizations Result In The Misvaluing Of Patents, David Arsego
The Problem With Frand: How The Licensing Commitments Of Standard-Setting Organizations Result In The Misvaluing Of Patents, David Arsego
Brooklyn Journal of International Law
Standard-setting organizations (SSOs) are bodies that oversee the development of technical standards. Technical standards are common technological designs that are used across a variety of platforms, for instance LTE, which is utilized throughout the mobile phone industry. Members of SSOs contribute different pieces of technology to an ultimate design, and if a patent covers the technology, it is called a standard-essential patent (SEP). SSOs require their members to license these patents to each other on fair, reasonable, and nondiscriminatory (FRAND) terms. This Note analyzes the FRAND requirement and the different ways that courts and private parties interpret it. The ambiguity …
Reservations And The Cisg: The Borderland Of Uniform International Sales Law And Treaty Law After Thirty-Five Years, Ulrich G. Schroeter
Reservations And The Cisg: The Borderland Of Uniform International Sales Law And Treaty Law After Thirty-Five Years, Ulrich G. Schroeter
Brooklyn Journal of International Law
No abstract provided.
The Scottish Independence Referendum And The Principles Of Democratic Secession, Benjamin Levites
The Scottish Independence Referendum And The Principles Of Democratic Secession, Benjamin Levites
Brooklyn Journal of International Law
On September 18, 2014, Scottish voters decided whether to sever the 307 years of unity between Scotland and the United Kingdom in an independence referendum. While the voters ultimately rejected independence, the process by which the Scots accomplished this historic exercise will inform further democratic secession movements.
This Note examines the significant implications of Scotland’s independence referendum by assessing the history of independence referendums and the present scope of relevant international law. The formative history of the independence referendum and modern precedential examples established the requirements for democratic secession. In turn, the Scottish independence referendum, in the context of evolving …
Commercial Letters Of Confirmation In International Trade: Austrian, French, German And Swiss Law And Uniform Law Under The 1980 Sales Convention, Michael Esser
Georgia Journal of International & Comparative Law
No abstract provided.
The European Directive On Products Liability: The Promise Of Progress?, Lawrence C. Mann, Peter R. Rodrigues
The European Directive On Products Liability: The Promise Of Progress?, Lawrence C. Mann, Peter R. Rodrigues
Georgia Journal of International & Comparative Law
No abstract provided.
Securities - Insider Trading - The Effects Of The New Eec Draft Insider Trading Directive, Douglas A. Nystrom
Securities - Insider Trading - The Effects Of The New Eec Draft Insider Trading Directive, Douglas A. Nystrom
Georgia Journal of International & Comparative Law
No abstract provided.
European Economic Community - The Use Of Article 173(2) Of The Eec Treaty To Contest Actions Of The European Parliament, Partie Ecologiste 'Les Verts' (The Greens) V. European Parliament, [1987] 2 Comm. Mkt. L.R. 343 (1986)., Scott N. Carlson
Georgia Journal of International & Comparative Law
No abstract provided.
British And European Community Regulation Of The British Beer Market: Tapping Into The Tied-House System (Cheers!), David A. Everreste
British And European Community Regulation Of The British Beer Market: Tapping Into The Tied-House System (Cheers!), David A. Everreste
Georgia Journal of International & Comparative Law
No abstract provided.
Austria's Application For Membership In The European Community And Delors' Call For A New Ec-Efta Relationship, Susan Wilson
Austria's Application For Membership In The European Community And Delors' Call For A New Ec-Efta Relationship, Susan Wilson
Georgia Journal of International & Comparative Law
No abstract provided.
Austria - Neutrality - European Economic Community - Austrian Neutrality And Ec Membership: Are They Compatible?, Mark Bergethon
Austria - Neutrality - European Economic Community - Austrian Neutrality And Ec Membership: Are They Compatible?, Mark Bergethon
Georgia Journal of International & Comparative Law
No abstract provided.
Austrian Neutrality - Ec - Is Austrian Membership In The Ec Compatible With Its Permanently Neutral Status: A Legal Analysis Of Some Problems Posed By Full Membership, James M. Wilson Iii
Austrian Neutrality - Ec - Is Austrian Membership In The Ec Compatible With Its Permanently Neutral Status: A Legal Analysis Of Some Problems Posed By Full Membership, James M. Wilson Iii
Georgia Journal of International & Comparative Law
No abstract provided.
General Discussion, Third Comparative Labor Law Roundtable
General Discussion, Third Comparative Labor Law Roundtable
Georgia Journal of International & Comparative Law
No abstract provided.
Discrimination In Employment: Reflections On The European Community Experience With Particular Reference To The United Kingdom, Brian Bercusson
Discrimination In Employment: Reflections On The European Community Experience With Particular Reference To The United Kingdom, Brian Bercusson
Georgia Journal of International & Comparative Law
No abstract provided.
Unlawful Employment Discrimination: A Discussion Of Belgian Law And Related Issues, Roger Blanpain, Jo Walgrave, Jean Jacqmain
Unlawful Employment Discrimination: A Discussion Of Belgian Law And Related Issues, Roger Blanpain, Jo Walgrave, Jean Jacqmain
Georgia Journal of International & Comparative Law
No abstract provided.
Discrimination In Employment In The Federal Republic Of Germany, Uschi Backes-Gellner, Bernd Frick
Discrimination In Employment In The Federal Republic Of Germany, Uschi Backes-Gellner, Bernd Frick
Georgia Journal of International & Comparative Law
No abstract provided.
All Together Now: International Regulatory Response To The Libor Rate Setting Conspiracy, Melissa Anne Conrad-Alam
All Together Now: International Regulatory Response To The Libor Rate Setting Conspiracy, Melissa Anne Conrad-Alam
Georgia Journal of International & Comparative Law
No abstract provided.
European Economic Community - Free Movement Of Workers - European Court Of Justice Determines That In A Case Of Temporary Movement Of Workers Member States In Whose Territory The Work Is To Be Carried Out May Not Impose Conditions Related To The Recruitment Of Man-Power Or Procurement Of Work Permits. Case C-113/89, Rush Portuguesa Lda V. Office National D'Immigration, 1990 E.C.R. I-1439, 2 C.M.L.R. 818 (1991)., Kimberly Marshall
Georgia Journal of International & Comparative Law
No abstract provided.
Yugoslavian Constitutional Questions: Self-Determination And Secession Of Member Republics, Ben Bagwell
Yugoslavian Constitutional Questions: Self-Determination And Secession Of Member Republics, Ben Bagwell
Georgia Journal of International & Comparative Law
No abstract provided.
The Distant Island Problem: The Arbitration On The Delimitation Of The Maritime Zones Around The French Collectivite Teritoriale Of Saint-Pierre-And-Miquelon, Merritt R. Blakeslee
The Distant Island Problem: The Arbitration On The Delimitation Of The Maritime Zones Around The French Collectivite Teritoriale Of Saint-Pierre-And-Miquelon, Merritt R. Blakeslee
Georgia Journal of International & Comparative Law
No abstract provided.
The Chilean Apples Case: An Individual's Right To Claim Damages From The European Community Institutions For Non-Contractual Liability Is Expanded. Sofrimport S.A.R.L. V. Commission Of The European Communities, No. C-152/88, Slip Op. At 80, [1990] 3 Comm. Mkt. L. Rep. 946 (Eur. Comm. Ct. J. June 26, 1990)., Douglas C. Turner
Georgia Journal of International & Comparative Law
No abstract provided.
European Economic Community - Environmental Policy - Economic And Fiscal Instruments - Report Of The Working Group Of Experts From The Member States Proposes The Use Of Economic And Fiscal Instruments To Attain Community-Wide Environmental Goals, John B. Nicholson
Georgia Journal of International & Comparative Law
No abstract provided.
Ec Company Law - The European Company V. The European Economic Interest Grouping And The Harmonization Of The National Company Laws, Johan De Bruycker
Ec Company Law - The European Company V. The European Economic Interest Grouping And The Harmonization Of The National Company Laws, Johan De Bruycker
Georgia Journal of International & Comparative Law
No abstract provided.
German Reunification - The Privatization Of Socialist Property On East Germany's Path To Democracy, Michael J. Thomerson
German Reunification - The Privatization Of Socialist Property On East Germany's Path To Democracy, Michael J. Thomerson
Georgia Journal of International & Comparative Law
No abstract provided.
A Desired Birth: The Court Of First Instance Of The European Communities, Georges Vandersanden
A Desired Birth: The Court Of First Instance Of The European Communities, Georges Vandersanden
Georgia Journal of International & Comparative Law
No abstract provided.
European Commission - Concentrations - Nestle's Bid To Takeover Perrier: A Landmark Merger Restructuring On Duopoly Grounds, William M. Willis Iv
European Commission - Concentrations - Nestle's Bid To Takeover Perrier: A Landmark Merger Restructuring On Duopoly Grounds, William M. Willis Iv
Georgia Journal of International & Comparative Law
No abstract provided.
European Economic Communities - Environmental Policy - Legal Basis And International Implications Of Council Regulation On The Supervision And Control Of Shipments Of Hazardous Waste, Kurt M. Rozelsky
Georgia Journal of International & Comparative Law
No abstract provided.
Sweden - Application For European Community Membership - Sweden Fears Loss Of Policy Of Neutrality With Community Membership, Penny-Marie Kartos
Sweden - Application For European Community Membership - Sweden Fears Loss Of Policy Of Neutrality With Community Membership, Penny-Marie Kartos
Georgia Journal of International & Comparative Law
No abstract provided.