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Articles 781 - 810 of 1006
Full-Text Articles in International Law
The Legal Dimensions Of Climate Change: Conference Report, Jennifer Rohleder, Jillian Button
The Legal Dimensions Of Climate Change: Conference Report, Jennifer Rohleder, Jillian Button
Sustainable Development Law & Policy
No abstract provided.
Chemical Taking: Glyphosate And The Eradication Of Due Process In Colombia, David A. Wilhite
Chemical Taking: Glyphosate And The Eradication Of Due Process In Colombia, David A. Wilhite
Sustainable Development Law & Policy
No abstract provided.
Fair Trade For All: How Trade Can Promote Development By Joseph Stiglitz And Andrew Charlton , Maria Vanko
Fair Trade For All: How Trade Can Promote Development By Joseph Stiglitz And Andrew Charlton , Maria Vanko
Sustainable Development Law & Policy
No abstract provided.
Editors' Note, Kelly Rain, Maria Vanko
Editors' Note, Kelly Rain, Maria Vanko
Sustainable Development Law & Policy
No abstract provided.
Protecting Our Oceans: New Challenges, New Solutions An Overview Of This Issue, David Freestone
Protecting Our Oceans: New Challenges, New Solutions An Overview Of This Issue, David Freestone
Sustainable Development Law & Policy
No abstract provided.
Volume 7 Issue 1, Sustainable Development Law & Policy
Volume 7 Issue 1, Sustainable Development Law & Policy
Sustainable Development Law & Policy
No abstract provided.
Reviewing The United Nations Fish Stocks Treaty, David A. Balton, Holly R. Koehler
Reviewing The United Nations Fish Stocks Treaty, David A. Balton, Holly R. Koehler
Sustainable Development Law & Policy
No abstract provided.
Unsustainable Marine Fisheries, Daniel Pauly
Unsustainable Marine Fisheries, Daniel Pauly
Sustainable Development Law & Policy
No abstract provided.
The Legal Implications Of Carbon Capture And Storage Under The Sea, Ray Purdy
The Legal Implications Of Carbon Capture And Storage Under The Sea, Ray Purdy
Sustainable Development Law & Policy
No abstract provided.
Coastal And Port Environments: International Legal And Policy Responses To Reduce Ballast Water Introductions Of Potentially Invasive Species, Jeremy Firestone, James J. Corbett
Coastal And Port Environments: International Legal And Policy Responses To Reduce Ballast Water Introductions Of Potentially Invasive Species, Jeremy Firestone, James J. Corbett
Sustainable Development Law & Policy
No abstract provided.
Oceans And Climate Change: Global And Arctic Perspectives, Magdalena A.K. Muir
Oceans And Climate Change: Global And Arctic Perspectives, Magdalena A.K. Muir
Sustainable Development Law & Policy
No abstract provided.
Global Aquaculture Alliance On Best Aquaculture Practices: An Industry Prepares For Sustainable Growth, Daniel Lee, John Connelly
Global Aquaculture Alliance On Best Aquaculture Practices: An Industry Prepares For Sustainable Growth, Daniel Lee, John Connelly
Sustainable Development Law & Policy
No abstract provided.
Bibliography, Catherine Verdier
Bibliography, Catherine Verdier
Sustainable Development Law & Policy
No abstract provided.
Lawless World - The Bush Administration And Iraq: Issues Of International Legality And Criminality, Philippe Sands
Lawless World - The Bush Administration And Iraq: Issues Of International Legality And Criminality, Philippe Sands
UC Law SF International Law Review
Sixty years ago, the United States and Great Britain spearheaded efforts to create a new world order based on international rules. Today these same two nations are leading the charge to abandon many of the global safeguards they once fought to establish. The Bush Administration has decided to turn its back on international agreements governing basic human rights, war, torture, and the environment. In this transcript from the Schlesinger Lecture held in November 2005, Professor Sands discusses how international rules are arbitrarily applied as human rights prove to be inconvenient in the face of globalizing economic forces.
Targeted Sanctions, Human Rights, And The Court Of First Instance Of The European Community, Elizabeth F. Defeis
Targeted Sanctions, Human Rights, And The Court Of First Instance Of The European Community, Elizabeth F. Defeis
Fordham International Law Journal
In response to the increasing rise of terrorist activities throughout the European Union (“EU”) and the attacks of September 11, the Council of the European Union (“Council”) acted through its powers under the Common Foreign and Security Policy. In addition to other measures, the Council enacted regulations that froze the assets of alleged terrorist individuals and entities. In some cases, the regulations froze assets of alleged terrorists that had been placed on a list published by the U.N. Sanctions Committee, while in another, the assets of individuals were frozen after the European Council itself placed individuals on a list that …
The Use And Misuse Of Comparative Constitutional Law (The George P. Smith Lecture In International Law), Cheryl Saunders
The Use And Misuse Of Comparative Constitutional Law (The George P. Smith Lecture In International Law), Cheryl Saunders
Indiana Journal of Global Legal Studies
This article examines the extent and nature of the use of foreign law in constitutional adjudication in common law systems outside the United States, with special reference to Australia. Demonstrating that the courts of other common law jurisdictions use foreign case law readily, naturally, and for a variety of purposes, the article reaches two broad conclusions: (1) as a generalization, other common law countries do not share the concern about the legitimacy of comparative precedents that manifests itself in the United States, and (2) as a consequence, other common law countries necessarily share with the United States an interest in …
The International Tribunal For The Law Of The Sea: A Great Mistake? (The Earl Snyder Lecture In International Law), Jillaine Seymour
The International Tribunal For The Law Of The Sea: A Great Mistake? (The Earl Snyder Lecture In International Law), Jillaine Seymour
Indiana Journal of Global Legal Studies
This article discusses the International Tribunal for the Law of the Sea and questions its role and value. The U.N. Convention on the Law of the Sea seems to contemplate fairly extensive jurisdiction for the Tribunal, but since its inception, the Tribunal has heard a very limited number and scope of cases, in part because disputants have other options for adjudication. This article provides a detailed discussion of the jurisdiction of the Tribunal. The Tribunal has compulsory jurisdiction in "prompt release" cases and in claims for provisional measures where the arbitral tribunal before which the claim will ultimately be brought …
Workers' Rights Provisions In Fast Track Authority, 1974-2007; An Historical Perspective And Current Analysis, Carol J. Pier
Workers' Rights Provisions In Fast Track Authority, 1974-2007; An Historical Perspective And Current Analysis, Carol J. Pier
Indiana Journal of Global Legal Studies
This article examines the trajectory of workers' rights provisions in 'fast track" authority legislation allowing the U.S. president to negotiate free trade agreements that Congress can only approve or reject, not amend. I begin my analysis with the Trade Act of1974 and continue through the expiration of fast track authority in 1994. Against this backdrop, I critique the workers' rights negotiating objectives and priorities in the Bipartisan Trade Promotion Authority Act of 2002 (TPA). Relying on TPA's confused legislative history and basic rules of statutory interpretation, the article seeks to interpret TPA's workers' rights provisions. It concludes by examining the …
Making Visible The Invisible: Strategies For Responding To Globalization's Impact On Immigrant Workers In The United States, Sarah Paoletti
Making Visible The Invisible: Strategies For Responding To Globalization's Impact On Immigrant Workers In The United States, Sarah Paoletti
Indiana Journal of Global Legal Studies
This article explores the impact of globalization on immigrant workers in the United States. Although Congress created programs to provide vocational training services and cash allowances to workers who qualified by virtue of having lost their jobs as a result of the adverse impacts of trade, these programs have done little to assist many of the immigrant workers displaced by shifting labor markets. Through critical review of two case studies, the article pursues a more comprehensive understanding of the reasons the system failed these workers, in order to better respond to systematic barriers placed in the way of limited-English proficient …
Beyond A Snapshot: Preventing Human Trafficking In The Global Economy, Janie Chuang
Beyond A Snapshot: Preventing Human Trafficking In The Global Economy, Janie Chuang
Indiana Journal of Global Legal Studies
Current legal responses to the problem of human trafficking often reflect a deep reluctance to address the socioeconomic root causes of the problem. Because they approach trafficking as an act (or series of acts) of violence, most responses focus predominantly on prosecuting traffickers, and to a lesser extent, protecting trafficked persons. While such approaches might account for the consequences of trafficking, they tend to overlook the broader socioeconomic reality that drives trafficking in human beings. Against this backdrop, this article seeks to reframe trafficking as a migratory response to current globalizing socioeconomic trends. It argues that, to be effective, countertrafficking …
The Parallel Worlds Of Corporate Governance And Labor Law, Peer Zumbansen
The Parallel Worlds Of Corporate Governance And Labor Law, Peer Zumbansen
Indiana Journal of Global Legal Studies
This paper engages the concept of transnational law (TL) in a way that goes beyond the by now accustomed usages with regard to the development of legal norms and the observation of legal action across nation-state boundaries, involving both state and nonstate actors. The concept of TL can serve to illustrate much further-reaching set of developments in norm creation and legal regulation. TL is here understood not only as a body of legal norms, but it is also employed as a methodological approach to illustrate common and shared challenges and responses to legal regulatory systems worldwide. In the case of …
Protecting Families In A Global Economy, Kenneth G. Dau-Schmidt, Carmen Brun
Protecting Families In A Global Economy, Kenneth G. Dau-Schmidt, Carmen Brun
Indiana Journal of Global Legal Studies
The globalization of the economy has placed tremendous pressure on the modern family. Throughout the developed world, marriage rates are declining, birth and fertility rates are falling, real wages are flat or declining, and hours of family external labor supplied are rising. Finding a spouse and raising children can be inconsistent with the demands of careers in the global economy of the new information age. Globalization of the economy tends to encourage individualism and mobility, in direct opposition to family relationships. Moreover; the extensive period of training that is necessary to compete in the global economy interferes with marriage and …
The New Politics Of Linkage: India's Opposition To The Worker's Rights Clause, Kevin Kolben
The New Politics Of Linkage: India's Opposition To The Worker's Rights Clause, Kevin Kolben
Indiana Journal of Global Legal Studies
This article examines why India has opposed a World Trade Organization (WTO) workers' rights clause, and calls for a new way of thinking about international institutions and the link between trade and labor rights. Many labor rights supporters argue that labor rights principles should be integrated into the WTO, either via the addition of a workers' rights clause or through a 'judicial" reading of labor rights values into the existing WTO framework. But India has led a large block of developing countries in opposing any link between labor rights and the WTO. This opposition has been based primarily on economic …
Theocratic Constitutionalism: An Introduction To A New Global Legal Ordering, Larry Catá Backer
Theocratic Constitutionalism: An Introduction To A New Global Legal Ordering, Larry Catá Backer
Indiana Journal of Global Legal Studies
The twentieth century has seen a fundamental shift in the ways in which constitutions are understood. By the middle of the twentieth century, a new sort of constitutionalism emerged, rejecting the idea of the legitimacy of every form of political selfconstitution. The central assumptions of this new constitutionalism were grounded in the belief that not all constitutions were legitimate, and that legitimate constitutions shared a number of universal common characteristics. These common characteristics were both procedural (against arbitrary use of state power) and substantive (limiting the sorts of policy choices states could make in constituting its government and exercising governance …
Horizontal And Vertical Equity In Taxation As Constitutional Principles: Germany And The United States Contrasted, Henry Ordower
Horizontal And Vertical Equity In Taxation As Constitutional Principles: Germany And The United States Contrasted, Henry Ordower
All Faculty Scholarship
Explores U. S. Supreme Court and German Constitutional Court decisions that apply their respective constitutions to taxation controversies, especially controversies in matters involving equal protection or due process protection.
Conflicts Of Interest In International Human Drug Research And The Insufficiency Of International Protections, Robert Gatter
Conflicts Of Interest In International Human Drug Research And The Insufficiency Of International Protections, Robert Gatter
All Faculty Scholarship
The problem of financial conflicts of interest in human subjects research is international in scope as drug manufacturers conduct trials in countries outside of the U.S., Japan, and the European Union, thereby side-stepping domestic regulation of conflicts of interest. Because such out-sourcing of human drug trials results in exporting risks associated with financial conflicts of interest, this essay examines the primary international sources for regulating those conflicts. These sources include the World Health Organization’s Guidelines for Good Clinical Practice for Trials on Pharmaceutical Products, the Guidelines for Good Clinical Practice adopted by the International Conference on Harmonisation of Technical Requirements …
Transnational Criminal Law And Procedure: An Introduction, Sadiq Reza
Transnational Criminal Law And Procedure: An Introduction, Sadiq Reza
Articles & Chapters
This preface to papers from the criminal law and procedure panels of the AALS Workshop on Integrating Transnational Legal Perspectives Into the First-Year Curriculum, which took place in Washington D.C. in January 2006, suggests a typology of transnational criminal matters - namely, matters of foreign criminal law or procedure, comparative criminal law or procedure, international criminal law or procedure, and extraterritorial aspects of domestic criminal law or procedure - and points readers to other publications on teaching transnational criminal matters in law school. The piece thus introduces the reader not only to the papers from the workshop but to teaching …
Child Marriage And Guardianship In Tanzania: Robbing Girls Of Their Childhood And Infantilizing Women, Tamar Ezer, Kate Kerr, Kara Major, Aparna Polavarapu, Tina Tolentino
Child Marriage And Guardianship In Tanzania: Robbing Girls Of Their Childhood And Infantilizing Women, Tamar Ezer, Kate Kerr, Kara Major, Aparna Polavarapu, Tina Tolentino
Articles
No abstract provided.
Picking Our Battles: A Strategy For The United States In The Wake Of Mexico's Becoming A State Party To The International Criminal Court, Rachel Harkavy
Picking Our Battles: A Strategy For The United States In The Wake Of Mexico's Becoming A State Party To The International Criminal Court, Rachel Harkavy
Georgia Law Review
When Mexico became a state party to the International Criminal Court, it put the United States in the position of choosing between honoring its relationship with Mexico or staying true to its strong objections to the ICC. The downside of the first option is that the United States would be backing down from its anti-ICC stance; the downside of the latter is that the United States would not only disrespect Mexico in pushing it to sign a bilateral immunity agreement, but, since Mexico would likely refuse to enter into such an agreement, the United States would also be put in …
Transnational Regulatory Litigation, Hannah Buxbaum
Transnational Regulatory Litigation, Hannah Buxbaum
Articles by Maurer Faculty
Recent years have seen much debate about the role of national courts in addressing global harms. That debate has focused on the application by domestic courts of international law - for instance, in civil actions brought in U.S. courts to enforce human rights law. This article identifies a parallel development in the area of economic regulation. It classifies and analyzes a category of cases that seek the application of regulatory law by domestic courts in situations involving global economic misconduct. Like the public international law cases, these cases highlight the tension between the benefits to be gained by enhanced enforcement …