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Articles 2251 - 2280 of 5724

Full-Text Articles in Comparative and Foreign Law

Intellectual Property: Perspective Of The Developing World, Peter Gakunu Dec 2014

Intellectual Property: Perspective Of The Developing World, Peter Gakunu

Georgia Journal of International & Comparative Law

No abstract provided.


The Wood Pulp Case: The Application Of European Economic Community Competition Law To Foreign Based Undertakings, Evan Breibart Dec 2014

The Wood Pulp Case: The Application Of European Economic Community Competition Law To Foreign Based Undertakings, Evan Breibart

Georgia Journal of International & Comparative Law

No abstract provided.


Law Of The Sea - Deep Seabed Mining - United States Position In Light Of Recent Agreement And Exchange Of Notes With Five Countries Involved In Preparatory Commission Of United Nations Convention On The Law Of The Sea, Katherine Dixon Dec 2014

Law Of The Sea - Deep Seabed Mining - United States Position In Light Of Recent Agreement And Exchange Of Notes With Five Countries Involved In Preparatory Commission Of United Nations Convention On The Law Of The Sea, Katherine Dixon

Georgia Journal of International & Comparative Law

No abstract provided.


The Development Of A Global Market-Based Debt Strategy To Regulate Private Lending To Developing Countries, Bradley K. Boyd Dec 2014

The Development Of A Global Market-Based Debt Strategy To Regulate Private Lending To Developing Countries, Bradley K. Boyd

Georgia Journal of International & Comparative Law

No abstract provided.


Commercial Letters Of Confirmation In International Trade: Austrian, French, German And Swiss Law And Uniform Law Under The 1980 Sales Convention, Michael Esser Dec 2014

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.


Indefinite Detention And Antiterrorism Laws: Balancing Security And Human Rights, Joanne M. Sweeny Dec 2014

Indefinite Detention And Antiterrorism Laws: Balancing Security And Human Rights, Joanne M. Sweeny

Pace Law Review

This article does more than describe British and American anti-terrorism laws; it shows how those laws go through conflicted government branches and the bargains struck to create the anti-terrorism laws that exist today. Instead of taking these laws as given, this Article explains why they exist. More specifically, this article focuses on the path anti-terrorism legislation followed in the United States and the United Kingdom, with particular focus on each country’s ability (or lack thereof) to indefinitely detain suspected non-citizen terrorists. Both countries’ executives sought to have that power and both were limited by the legislatures and courts but in …


Section 337 And The Gatt: A Necessary Protection Or An Unfair Trade Practice?, Nathan G. Knight Jr. Dec 2014

Section 337 And The Gatt: A Necessary Protection Or An Unfair Trade Practice?, Nathan G. Knight Jr.

Georgia Journal of International & Comparative Law

No abstract provided.


Changing Trends In The Content And Purpose Of Mexico's Intellectual Property Right Regime, Alan S. Gutterman Dec 2014

Changing Trends In The Content And Purpose Of Mexico's Intellectual Property Right Regime, Alan S. Gutterman

Georgia Journal of International & Comparative Law

No abstract provided.


European Court Of Human Rights - Extradition - Inhuman Or Degrading Treatment Or Punishment, Soering Case, 161 Eur. Ct. H.R. (Ser. A) (1989), David L. Gappa Nov 2014

European Court Of Human Rights - Extradition - Inhuman Or Degrading Treatment Or Punishment, Soering Case, 161 Eur. Ct. H.R. (Ser. A) (1989), David L. Gappa

Georgia Journal of International & Comparative Law

No abstract provided.


United States Attitudes Toward Ratification Of Human Rights Instruments, Louis B. Sohn Nov 2014

United States Attitudes Toward Ratification Of Human Rights Instruments, Louis B. Sohn

Georgia Journal of International & Comparative Law

No abstract provided.


Justice Or Peace? A Proposal For Resolving The Dilemma, Kenneth Williams Nov 2014

Justice Or Peace? A Proposal For Resolving The Dilemma, Kenneth Williams

Pace International Law Review

This article will address the question of how the international community should respond when the pursuit of justice and the attainment of peace are incompatible. It begins with an overview of the international human rights movement prior to World War II, a period when there was almost no effort to hold human rights violators accountable. The article then discusses how Nuremberg transformed international human rights law and created the framework for holding individuals accountable for committing egregious human rights violations. In the next section there is a discussion of how, despite Nuremberg, there was an era of impunity as a …


Raped By The System: A Comparison Of Prison Rape In The United States And South Africa, Alexandra Ashmont Nov 2014

Raped By The System: A Comparison Of Prison Rape In The United States And South Africa, Alexandra Ashmont

Pace International Law Review

The main objective of this article is to create overall awareness and to give people a real sense of the events that go on every day inside prison walls. The article is meant to show people that the way they think about prison and prison rape specifically is severely jaded. What happens behind prison bars should certainly not stay behind prison bars. The stories within this article are unlike any prison rape stories people have heard before. They are harsh, inhumane, and deeply disturbing. The only way to incite change is to open people’s eyes to the true conditions within …


Recognizing Education Rights In India And The United States: All Roads Lead To The Courts?, Ashley Feasley Nov 2014

Recognizing Education Rights In India And The United States: All Roads Lead To The Courts?, Ashley Feasley

Pace International Law Review

The approaches of United States and India take disparate form: India has recognized the right to education and is attempting to implement the right, whereas the United States has not formally recognized the right to education itself but has acknowledged a limited right to educational opportunity, but has implemented some sort of right to education unequally by relying on the states to guarantee and implement some kind of remedy. This paper aims to evaluate the American and Indian approaches towards the right to education. Section II discusses the interrelatedness of social and economic and civil and political rights and the …


Conceptualizing Climate Justice In Kivalina, Marissa Knodel Nov 2014

Conceptualizing Climate Justice In Kivalina, Marissa Knodel

Seattle University Law Review

Due to climate change, indigenous communities in Alaska are forced to develop in ways that adversely affect their livelihoods and culture. For example, decreases in sea ice, increases in the frequency of sea storms, and melting permafrost have so accelerated the erosion of one barrier island that an entire village faces relocation. These indigenous communities, which have contributed little to causing climate change, are limited in their ability to adapt. After examining three broad questions about the effects of climate change on indigenous communities, this Article reaches four preliminary conclusion about relocation as a climate adaptation strategy and its relations …


Fisheries Governance And How It Fits Within The Broader Arctic Governance, Adam Soliman Nov 2014

Fisheries Governance And How It Fits Within The Broader Arctic Governance, Adam Soliman

Seattle University Law Review

Climate change is causing the Arctic ice to melt and fish stocks to change their migration patterns. These changes are increasing access to Arctic fisheries, as well as moving other fish stocks to the north. To prevent the depletion of fish stocks and to protect the Arctic environment, proper fisheries governance requires collaboration between nation-states and specific populations. Fisheries present unique governance and management issues. Unlike other natural resources, fish stocks do not stay in the same place. The non-stationary nature of fish stocks, along with shared sovereignty over the oceans, make coordination between stakeholders the most difficult as well …


United States Policy And Norwegian Commercial Whaling: A Cooperative Approach, Jamie Nystrom Nov 2014

United States Policy And Norwegian Commercial Whaling: A Cooperative Approach, Jamie Nystrom

Seattle University Law Review

Both the United States and Norway have a long history of commercial whaling, but the mantle of dominance in the whaling world passed from the United States to Norway in the mid-nineteenth century. As demand for whale-based products declined in the United States over the past century, and environmentalism and conservationism became more popular public ideologies, the United States shifted from a pro-whaling nation to, effectively, an anti-whaling nation. Norway, however, has continued to be the only nation that openly engages in commercial whaling for profit, albeit on a smaller scale in comparison to historical practices. The United States’ past …


Extracting More Than Resources: Human Security And Arctic Indigenous Women, Victoria Sweet Nov 2014

Extracting More Than Resources: Human Security And Arctic Indigenous Women, Victoria Sweet

Seattle University Law Review

The circumpolar Arctic region is at the forefront of rapid change, and with change come potential threats to human security. Numerous factors determine what makes a state, a community, or an individual feel secure. For example, extractive industry development can bring economic benefits to an area, but these development projects also bring security concerns, including potential human rights violations. While security concerns connected with development projects have been studied in southern hemisphere countries and countries classified as “developing,” concerns connected with extractive industry development projects in “developed” countries like the United States have received little attention. This Article will change …


Oil And Gas In America's Arctic Ocean: Past Problems Counsel Precaution, Michael Levine, Peter Van Tuyn, Layla Hughes Nov 2014

Oil And Gas In America's Arctic Ocean: Past Problems Counsel Precaution, Michael Levine, Peter Van Tuyn, Layla Hughes

Seattle University Law Review

This Article provides context for the controversy facing government agencies charged with making decisions about the future of America’s Arctic Ocean. It then distill themes that, if addressed, could help further a lasting solution for this region that respects its natural and human values while crafting a reasonable path forward for decisions about development. First, this Article offers background about the region, the threats facing it, and some of the challenges in managing the natural resources there. Second, it provides an overview of the legal framework through which the United States government makes decisions about whether and under what conditions …


An Unfinished Joruney: Arctic Indigenous Rights, Lands, And Jurisdiction?, Tony Penikett Nov 2014

An Unfinished Joruney: Arctic Indigenous Rights, Lands, And Jurisdiction?, Tony Penikett

Seattle University Law Review

The indigenous rights movement has been defined as a struggle for land and jurisdiction. Over the last forty years, American and Canadian governments made much progress on the land question in the Arctic and sub-Arctic; however, from an irrational fear of the unknown, politicians in Washington, D.C. and Ottawa have effectively blocked the pathways to aboriginal jurisdiction or self-government. During the late-twentieth century in the Yukon, Northwest Territories, and Nunavut, as well as in Nisga’a territory, indigenous governments negotiated local government powers, but continent-wide progress on the question of indigenous jurisdiction has stalled. This Article considers the formation and implementation …


Changes In Latitudes Call For Changes In Attitudes: Towards Recognition Of A Global Imperative For Stewardship, Not Exploitation, In The Arctic, Taylor Simpson-Wood Nov 2014

Changes In Latitudes Call For Changes In Attitudes: Towards Recognition Of A Global Imperative For Stewardship, Not Exploitation, In The Arctic, Taylor Simpson-Wood

Seattle University Law Review

For more than two centuries, the imagination of mariners has been captured by visions of a trade route across the Arctic Sea allowing vessels to travel from the Atlantic to the Pacific Ocean. Known as the Northwest Passage, this fabled route is a time- and money-saving sea lane running from the Atlantic Ocean Arctic Circle to the Pacific Ocean Arctic Circle. Now, the thinning of the ice in the Arctic may transform what was once only a dream into a reality. New shipping lanes linking the Atlantic and Pacific oceans are likely to open between 2040 and 2059. If loss …


Austria's Application For Membership In The European Community And Delors' Call For A New Ec-Efta Relationship, Susan Wilson Nov 2014

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.


Grand Anse Declaration: Can The Caribbean Community Realistically Integrate Intraregional Trade And Production Within The Confines Of The Caricom Treaty By 1993?, C. Ray Miskelley Nov 2014

Grand Anse Declaration: Can The Caribbean Community Realistically Integrate Intraregional Trade And Production Within The Confines Of The Caricom Treaty By 1993?, C. Ray Miskelley

Georgia Journal of International & Comparative Law

No abstract provided.


Resolving Competition Related Disputes Under The Aml: Theory & Practice, Susan Beth Farmer Nov 2014

Resolving Competition Related Disputes Under The Aml: Theory & Practice, Susan Beth Farmer

Presentations

This presentation was given at the European China Law Studies 2014 Conference, Making, Enforcing and Accessing the Law, in Hong Kong. The presentation addresses the Chinese Anti-Monopoly Law (AML), the MOFCOMM, NDRC, and SAIC, and litigation before the Supreme People's Court.


China's Human Rights Record Since Tiananmen 1989 And The Recent Mixed Response Of The United States, Daniel C. Turack Nov 2014

China's Human Rights Record Since Tiananmen 1989 And The Recent Mixed Response Of The United States, Daniel C. Turack

Georgia Journal of International & Comparative Law

No abstract provided.


Preventing Interethnic Conflict And Promoting Human Rights Through More Effective Legal, Political, And Aid Structures: Focus On Africa, Paul J. Magnarella Nov 2014

Preventing Interethnic Conflict And Promoting Human Rights Through More Effective Legal, Political, And Aid Structures: Focus On Africa, Paul J. Magnarella

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 Nov 2014

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.


Rethinking The Rhetoric Of Antidumping: A Response To Mark Wu's Reform Proposal, Pierce Lee Nov 2014

Rethinking The Rhetoric Of Antidumping: A Response To Mark Wu's Reform Proposal, Pierce Lee

Georgia Journal of International & Comparative Law

No abstract provided.


Not A Drop To Spare: The Global Water Crisis Of The Twenty-First Century, Ranee Khooshie Lal Panjabi Nov 2014

Not A Drop To Spare: The Global Water Crisis Of The Twenty-First Century, Ranee Khooshie Lal Panjabi

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 Nov 2014

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.


Extradition - International Law - The United States Night Circuit Court Of Appeals Holds Government-Sponsored Abduction Abroad Is Not A Lawful Alternative To Extradition. United States V. Verdugo-Urquidez, 939 F.2d 1341 (9th Cir. 1991), Thomas L. Horan Nov 2014

Extradition - International Law - The United States Night Circuit Court Of Appeals Holds Government-Sponsored Abduction Abroad Is Not A Lawful Alternative To Extradition. United States V. Verdugo-Urquidez, 939 F.2d 1341 (9th Cir. 1991), Thomas L. Horan

Georgia Journal of International & Comparative Law

No abstract provided.