International Law Commons^™

Is Labor Really Cheap In China - Compliance With Labor And Employment Laws, Marisa Anne Pagnattaro

San Diego International Law Journal

This Article details China’s the growing body of labor and employment laws. Specifically, this research analyzes major labor and employment law developments in China, including the newly adopted Labor Contract Law, employment discrimination sexual harassment, wages, workplace health and safety, worker privacy, and dispute resolution. The ramifications of this developing legal landscape on U.S. companies doing business in China are also discussed.

The Political Economy Of Hong Kong's Open Skies Legal Regime: An Empirical And Theoretical Exploration, Miron Mushkat, Roda Mushkat

San Diego International Law Journal

Hong Kong has generally followed a libertarian path on the external economic front, maintaining a widely open trade and investment platform. Its policy regarding the now well-established "open skies" system qualifies as something of an aberration, albeit obviously not to the same extent as its far more inward-looking immigration strategies. This pattern can effectively be placed in the appropriate theoretical context and the territory’s experience in that respect may offer relevant analytical insights into the evolution of international legal regimes, particularly those with a distinct regulatory focus and essentially bilateral in nature.

Repatriating Cultural Property: The Dispute Between Yale And Peru Over The Treasures Of Machu Picchu, Stephanie Swanson

San Diego International Law Journal

The repatriation of cultural property is a controversial issue throughout the world, creating a sharp divide between states with a wealth of antiquities, such as Greece or Peru, and states which, lacking such extensive cultural property, have nonetheless built international museums housing the patrimony of other nations. The conflict surrounding the proper ownership of the Elgin marbles, probably the most famous dispute over cultural property, is but one example of many. In recent years, calls for the repatriation of cultural property have become increasingly common, involving world famous museums such as the Metropolitan Museum of Art and the J. Paul …

Isn't "Persecution" Enough? Redefining The Refugee Definition To Provide Greater Asylum Protection To Victims Of Gender- Based Persecution, Crystal Doyle

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Applying Geneva Convention Principles To Guantánamo Bay, Kyndra Rotunda

University of Richmond Law Review

No abstract provided.

Extraordinary Rendition: A Wrong Without A Right, Robert Johnson

University of Richmond Law Review

No abstract provided.

The Future Of Detainees In The Global War On Terror: A U.S. Policy Perspective, Saxby Chamblis

University of Richmond Law Review

No abstract provided.

Deriving Peremptory Norms From Sovereignty, Evan J. Criddle, Evan Fox-Decent

Faculty Publications

No abstract provided.

Water Scarcity, Conflict, And Security In A Climate Change World: Challenges And Opportunities For International Law And Policy, Gabriel Eckstein

Faculty Scholarship

Although climate change is expected to have major consequences that affect the global environment in its broadest sense, one of the earliest and most direct impacts will be on Earth’s fresh water systems. While some regions will experience increased precipitation, others will suffer serious scarcity. Among others, consequences are likely to include severe flooding, extreme droughts, and meandering border-rivers. This, in turn, will affect human migration patterns, population growths, agricultural activities, economic development, and the environment. This article explores the impact that climate change will have on regional and global freshwater resources and the resulting legal and policy implications that …

Pollard Languishes, Kenneth Lasson

All Faculty Scholarship

No abstract provided.

Protecting Against Plunder: The United States And The International Efforts Against Looting Of Antiquities, Asif Efrat

Cornell Law Faculty Working Papers

In 1970 UNESCO adopted a convention intended to stem the flow of looted antiquities from developing countries to collections in art-importing countries. The majority of art-importing countries, including Britain, Germany, and Japan, refused to join the Convention. Contrary to other art-importing countries, and reversing its own traditionally-liberal policy, the United States accepted the international regulation of antiquities and joined the UNESCO Convention. The article seeks to explain why the United States chose to establish controls on antiquities, to the benefit of foreign countries facing archaeological plunder and to the detriment of the US art market. I argue that the concern …

Quebec's Module D'Enregistrement Des Ventes (Mev): Fighting The Zapper, Phantomware And Tax Fraud With Technology, Richard Thompson Ainsworth

Faculty Scholarship

On January 28, 2008 the Quebec Minister of Revenue, Jean-Marc Fournier, announced that by late 2009 the MRQ will begin testing a device, the module d'enregistrement des ventes (MEV) that is projected to substantially reduce tax fraud in the restaurant sector. By 2010 or 2011 MEVs will be mandatory in all Quebec restaurants, where they will assure accuracy and retention of business records within electronic cash registers (ECRs).

This paper moves beyond a discussion of the variety of sales suppression programs in use - zappers and phantom-ware. The concern here is on enforcement efforts, particularly the MEV. The intent is …

Labor Standards Regarding Flexible Work Arrangements In The U.S. And Abroad, Workplace Flexibility 2010, Georgetown University Law Center

Charts and Summaries of State, U.S., and Foreign Laws and Regulations

A chart of labor standards regarding flexible work arrangements in the U.S. and abroad (United Kingdom, New Zealand, New South Wales, Netherlands, and Germany). Flexible Work Arrangements (FWAs) alter the time and/or place that work is conducted on a regular basis -- in a manner that is as manageable and predictable as possible for both employees and employers.

Protecting Human Rights In Conflict, Clair Apodaca

Human Rights & Human Welfare

The Just War Theory of Jus in Bello is the international community’s attempt to ensure respect for human rights and human welfare during armed conflicts. The principle of proportionality and the obligation to distinguish between combatants and civilians in attacks are two related notions that are fundamental to the protection of human rights during conflict. The principle of proportionality limits the amount of violence and destruction that is morally permissible. By contrast, the principle of discrimination (or distinction) discriminates between legitimate targets, such as soldiers and weapons depots, and illegitimate targets, specifically noncombatants such as civilian populations and their property.

Stopping The Killing And/Or Stopping Human Rights Violations, Edward Friedman

Human Rights & Human Welfare

The relationship between promoting human rights and stopping wars can be perplexing. The 19th century origins of the Geneva Convention and the International Commissions of the Red Cross (ICRC) are warnings about the moral danger, ambiguities, or tensions of bringing war within the arena of human rights considerations. Human rights and war can be a toxic cocktail. One should not want to make war more likely or legitimate or deadly by seeming to say that the killing machine on one side or the other is acting humanely, as if that makes war okay. War is hell.

Proportionality And Unjust Wars, Sarah Stanlick

Human Rights & Human Welfare

As violence rages in the Middle East, policymakers, academics, and the public alike have been embroiled in debate over the proportional use of force. As The Economist article points out, historical grievances leave both Israelis and Palestinians with compelling arguments for defense and resistance. However, at this point, the cycle of violence has perpetuated blame that goes beyond a simple tally sheet. World leaders remain divided on the rights and wrongs of the Israeli-Palestinian conflict, but human rights groups internationally are crying out for Israel and Hamas to end attacks that “do not discriminate between civilians and military targets.” While …

Proportional To Life, Emma Gilligan

Human Rights & Human Welfare

The Economist piece entitled “Proportional to what?” poses a dangerous question. The notion, as the article suggests, that proportionality in war is a “slippery idea” or that the facts are “nebulous” is the work of either an intentionally provocative or idly cynical author. Whatever the motivation for the words, it is precisely the dismissive tone embodied in such statements that has contributed to and defined the attitude more recently of larger states, like Israel and Russia, to issues of accountability for the death of civilians.

Healing From War To End All Wars, Christien Van Den Anker

Human Rights & Human Welfare

The First World War was known as the war to end all wars. After the Second World War, and especially in reference to the Holocaust, the urgent slogan was “Never Again.” Although these hopes to end war and genocide have not yet been fulfilled, they inspired the worldwide moral stance against war and a host of international instruments and bodies contributed to the protection of both civilians and combatants during war.

Soft Law As Delegation, Timothy L. Meyer

Scholarly Works

This article examines one of the most important trends in international legal governance since the end of the Second World War: the rise of "soft law," or legally non-binding instruments. Scholars studying the design of international agreements have long puzzled over why states use soft law. The decision to make an agreement or obligation legally binding is within the control of the states negotiating the content of the legal obligations. Basic contract theory predicts that parties to a contract would want their agreement to be as credible as possible, to ensure optimal incentives to perform. It is therefore odd that …

February Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

“Proportional to What?” The Economist. December 30, 2008.

Asean Charter: A New Beginning For Southeast Asian Nations, Djauhari Oratmangun

Indonesian Journal of International Law

The ASEAN leaders have signed ASEAN Charter in December 2007. A year later, this Charter was ratified by all ASEAN member states thus it become to be entry into force on 15 December 2008. ASEAN Charter reflects the internal momentum and the development of relations between ASEAN and the world. In addition, it also characterizes the common ideals shared by the ASEAN member states. This article will emphasize three subjects. Firtsly, it will examine the factors that push ASEAN member states to move toward ASEAN Charter. Secondly, it will underline the process of drafting int the ASEAN Charter. Thirdly, it …

Piagam Asean, Legalitas Tonggak Baru, Menuju Integrasi Regional, Zainuddin Djafar

Indonesian Journal of International Law

The ASEAN Charter which was ratified on December 15, 2008 has drawn various reactions from The regional community. This writing seeks to evaluate upon what are the Charter’s strength and weakness. The Charter is indeed not a tool which can directly solve the regional problems, yet at least now Southeast Asiab owns its set of mechanism which shall bind its members legally and can be used to create regionally formal rules. The Issues and challenges which the Carter seeks to solve includes: democratization, human rights and the ASEAN single market of 2015. The diversifying socio cultural aspects as well as …

Checkbook Diplomacy Jepang Dalam Hubungan Dengan Asean: Relevansi Dan Tantangan Bagi Indonesia, Syamsul Hadi

Indonesian Journal of International Law

This article would analyze the increasing of Japanese interest in its relations with ASEAN in the contemporary era, with the emerging of China, the withdrawal of substantive parts of the US presence in East Asia, and the intensification of economic integration in ASEAN. It is argued that Japan would continually use its method of ‘checkbook diplomacy’ in dealing with ASEAN, due to its inability to reformulate a new international role to adjust the international situations. As the de facto leader of ASEAN in line with Indonesian national interests as well as ASEAN regional visions.

Perspektif Hukum Dan Ekonomi Atas Kerjasama Luar Negeri Oleh Pemerintah Daerah, Jemmy Rumengan

Indonesian Journal of International Law

Globalization and the increase of international relations have created new actors in international community. States are no longer the only parties in international relations, nowadays local government (city/province) has become one of the actors in international relations. In this context, law has an important role to regulate the relations between local government in a state with another local government in other state. It takes national and international law to arrange that international interaction or relations. In economic perspective, international relations by local government should give a real contribution to their local community and for their state. That’s why international relations …

The Asean Secretariat And Legal Issues Arising From Asean Charter, Termsak Chalermpalanupap

Indonesian Journal of International Law

There are three major issues embodied in the new ASEAN Charter. They are. Legal personality of ASEAN, previlages and immunities and dispute settlement mechanism. This article elaborates recent development of those three legal issues, as new legal tasks that ASEAN Secretariat has to carry out as the ASEAN Charter start to be entry into force. Nonetheless, ASEAN Secretariat faces many obstacles ahead particularly in building its human resources and seeking of the legal experts to carry the tasks which must be undertaken by the ASEAN Secretariat.

The Transparency Principle In The Framework Of The Wto, G. H. Addink

Indonesian Journal of International Law

In this contribution, the way in which the transparency principe – as it has developed in Dutch and European administrative law – can contribute to the realisation of more openness as regards the WTO will be discussed. The transparency principle is one of he pillar principles of good governance, principles which spearhead Dutch foreign policy. The lack of openness concerning the WTO has long been a concern of the international community and now propositions are being made – in this contribution as well – to further form the transparency principle in the WTO.

Physicians For Human Rights V. Prime Minister, Dorit Beinisch, Elyakim Rubinstein, Asher Grunis

Translated Opinions

Facts: Following years during which rockets were fired at Israel from the Gaza Strip, on 27 December 2008 the IDF began a large-scale military operation in the Gaza Strip. The petition in HCJ 201/09 concerns delays in evacuating the wounded to hospitals in the Gaza Strip, and claims that ambulances and medical personnel are being attacked by the IDF. The petition in HCJ 248/09 relates to the shortage of electricity in the Gaza Strip, which prevents hospitals, clinics, the water system and the sewage system from functioning properly. According to the petitioners, this is a result of disruptions caused by …

Proposal On A Research Institute For The Protection Of Cultural Property In The Event Of Armed Conflicts To The Ludwig Boltzmann Society (Austria), University Of Vienna, Austrian Society For The Protection Of Cultural Property

Protection of Cultural Property in the Event of Armed Conflict

No abstract provided.

Transfer Pricing In Vat/Gst Vs. Direct Taxation: A Paper On The Topic Of Relations Between Associated Companies, Richard Thompson Ainsworth

Faculty Scholarship

This paper considers transfer pricing in VAT/GST and direct taxes, one of a range of tax relationships that flow between associated companies. The topic necessarily proposes an inquiry into vertical harmonization of transfer pricing norms alongside an assessment of present efforts to horizontally harmonize transaction values.

Stated differently, the vertical inquiry is: should the same transaction between the same associated enterprises be valued in the same manner by a single country in VAT/GST and direct taxes? The horizontal effort is: should two jurisdictions treat transactions between associated enterprises within their respective jurisdictions in the same manner in VAT/GST and direct …

Darfur: In Search Of Peace Exploring Viable Solutions To The Darfur Crisis, George Shepherd, Peter Van Arsdale, Negin Sobhani, Nicole Tanner, Frederick Agyeman-Duah

Human Rights & Human Welfare

The following is a report for the Consultation on Darfur carried out in Nairobi, Kenya by Africa Today Associates, Inc. The event took place June 9‐11, 2008 and was made possible with support from Ford Foundation, Kenya (in collaboration with the Institute of International Education). This report aims to build upon, not replace, the findings of our Consultation in Abuja, Nigeria. It is for this purpose that the findings and points addressed in this report are solely those discussed in Nairobi. Although it is inevitable that the two consultations reflected some overlap on the core issues and discussion points, especially …