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International Law Commons

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2013

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Articles 361 - 390 of 766

Full-Text Articles in International Law

Liberty And Justice For All: The Convention On The Rights Of Persons With Disabilities, Eme Grant, Rhonda Neuhaus Jan 2013

Liberty And Justice For All: The Convention On The Rights Of Persons With Disabilities, Eme Grant, Rhonda Neuhaus

ILSA Journal of International & Comparative Law

At the heart of every just society are mechanisms that ensure full inclusivity of citizenry, equal rights to both representation and reparation, and impartial judgment.


Establishment Of A Special Anti-Piracy Tribunal: Prospective And Reality, Sandra L. Hodgkinson Jan 2013

Establishment Of A Special Anti-Piracy Tribunal: Prospective And Reality, Sandra L. Hodgkinson

ILSA Journal of International & Comparative Law

During the past several years, piracy off of the coast of Somalia increased, despite efforts of the international community to support piracy prosecutions in national and international courts.


Why Nations Fail: 2012 International Law Weekend Panel Addesses Law And Development Movement, Underlying Assumptions, And Challenges, Norman L. Greene, Wade Channell Jan 2013

Why Nations Fail: 2012 International Law Weekend Panel Addesses Law And Development Movement, Underlying Assumptions, And Challenges, Norman L. Greene, Wade Channell

ILSA Journal of International & Comparative Law

On October 27, 2012, at International Law Weekend' at Fordham Law School, a panel entitled Rule of Law and Development


From Repression To Respect: An Integrated Approach To The International Protection Of Intellectual Property Rights, Flavio C. Bettarello Jan 2013

From Repression To Respect: An Integrated Approach To The International Protection Of Intellectual Property Rights, Flavio C. Bettarello

ILSA Journal of International & Comparative Law

This article is composed by this introduction, three interrelated chapters, and a conclusion.


When The Victim Becomes The Criminal: The Case Of Ivan Simonovis, Nicole M. Bagdadi Jan 2013

When The Victim Becomes The Criminal: The Case Of Ivan Simonovis, Nicole M. Bagdadi

ILSA Journal of International & Comparative Law

Hugo Rafael Chdvez Frias rose to power in the midst of an era marked by corruption at the hands of high officials and high levels of poverty.


Malleable Law: The (Mis)Use Of Legal Tools In The Pursuit Of A Political Agenda, Manuel A. Gomez Jan 2013

Malleable Law: The (Mis)Use Of Legal Tools In The Pursuit Of A Political Agenda, Manuel A. Gomez

ILSA Journal of International & Comparative Law

The idea of law as an instrument is not new. For more than a century, law has been marshaled as a means to a particular end rather than a value in and of itself.


La Ley Maleable: El (Mal), Uso Del Derecho En La Consecucion De Una Agenda Politica, Manuel A. Gomez Jan 2013

La Ley Maleable: El (Mal), Uso Del Derecho En La Consecucion De Una Agenda Politica, Manuel A. Gomez

ILSA Journal of International & Comparative Law

La idea de usar el derecho como instrumento no es nueva. Por más de un siglo, el derecho ha sido visto como un medio para alcanzar un fin en vez de un valor en si mismo.


Advisory Opinion On Responsibilty And Liability For International Seabed Mining (Itlos Case No. 17) And The Future Of Ngo Participation In The International Legal Process, Anna Dolidze Jan 2013

Advisory Opinion On Responsibilty And Liability For International Seabed Mining (Itlos Case No. 17) And The Future Of Ngo Participation In The International Legal Process, Anna Dolidze

ILSA Journal of International & Comparative Law

On February 1, 2011, the Seabed Disputes Chamber of the International Tribunal on the Law of the Sea (ITLOS) issued an advisory opinion in Case No. 17, Responsibilities and Obligations of States Sponsoring Persons and Entities with Respect to Activities in the Area (Case No. 17).


Combating Human Trafficking-The U.S. Government's Response: A Panel And A Perspective On Counter-Trafficking In Persons, Norman L. Greene, Eric Beinhart Jan 2013

Combating Human Trafficking-The U.S. Government's Response: A Panel And A Perspective On Counter-Trafficking In Persons, Norman L. Greene, Eric Beinhart

ILSA Journal of International & Comparative Law

Combating Human Trafficking-The U.S. Government's Response was a multi-agency, multi-disciplinary webinar held at the George Washington University Law School before a live audience at the Law School and on the internet on March 20, 2012, sponsored by the Law School and the American Bar Association Section of International Law' as well as by The American Society of International Law.


Sustaining The Triangular Balance: The Taiwan Strait Policy Of Barack Obama, Ix Jinping, And Ma Ying-Jeou, Dean P. Chen Jan 2013

Sustaining The Triangular Balance: The Taiwan Strait Policy Of Barack Obama, Ix Jinping, And Ma Ying-Jeou, Dean P. Chen

Maryland Series in Contemporary Asian Studies

No abstract provided.


China Under The New Leadership, Hsin-Chi Kuan Jan 2013

China Under The New Leadership, Hsin-Chi Kuan

Maryland Series in Contemporary Asian Studies

No abstract provided.


Minimizing Corruption In China: Is This An Impossible Dream?, Jon S.T. Quah Jan 2013

Minimizing Corruption In China: Is This An Impossible Dream?, Jon S.T. Quah

Maryland Series in Contemporary Asian Studies

No abstract provided.


Political Economy Of Vietnam: Market Reform, Growth, And The State, Joshua M. Steinfeld, Khi V. Thai Jan 2013

Political Economy Of Vietnam: Market Reform, Growth, And The State, Joshua M. Steinfeld, Khi V. Thai

Maryland Series in Contemporary Asian Studies

No abstract provided.


First Do No Harm: Interpreting The Crime Of Aggression To Exclude Humanitarian Intervention, Joshua L. Root Jan 2013

First Do No Harm: Interpreting The Crime Of Aggression To Exclude Humanitarian Intervention, Joshua L. Root

University of Baltimore Journal of International Law

The yet to be implemented Article 8 bis of the Rome Statute criminalizes, as the crime of aggression, acts of aggression which by their “character, gravity and scale” constitute a “manifest violation” of the Charter of the United Nations. This article argues that Article 8 bis must be construed so as to exclude from the International Criminal Court’s jurisdiction uses of force, which are facial violations of the UN Charter, but which nonetheless comport with the principles and purposes of the Charter, such as bona fide humanitarian intervention unauthorized by the Security Council. This article examines and applies the Vienna …


Failure Of The International Monetary Fund & World Bank To Achieve Integral Development: A Critical Historical Assessment Of Bretton Woods Institutions' Policies, Structures & Governance, Mark J. Wolff Jan 2013

Failure Of The International Monetary Fund & World Bank To Achieve Integral Development: A Critical Historical Assessment Of Bretton Woods Institutions' Policies, Structures & Governance, Mark J. Wolff

Syracuse Journal of International Law and Commerce

No abstract provided.


Legal Stability Contracts In Colombia: An Appropriate Incentive For Investments? Historical Causes And Impact Analysis Of Law 963 To 2005, Alvaro Pereira Jan 2013

Legal Stability Contracts In Colombia: An Appropriate Incentive For Investments? Historical Causes And Impact Analysis Of Law 963 To 2005, Alvaro Pereira

Richmond Journal of Global Law & Business

Current global economic order is openly dependent on foreign direct investment (FDI). At least since the 1990’s, developing countries have competed to attract FDI because it is considered the best source of technology, employment, and financial resources. Colombian Law 963 of 2005, which is a response to said competition, allows the signature of Legal Stability Contracts (LSCs) between the State and investors for the purpose of stabilizing the rules guiding investment decisions, for up to 20 years. Legal stabilization has successfully proven to increase FDI inflows. Nevertheless, incentives for FDI have been subject to several critiques that stress the excess …


Recent Developments In Third-Party Funding, Victoria Shannon Jan 2013

Recent Developments In Third-Party Funding, Victoria Shannon

Scholarly Articles

This article addresses recent developments in third-party funding that occurred during late 2012 and early 2013 in the three leading jurisdictions: Australia, the United Kingdom and the United States. The most important developments are the following. On 22 April 2013, the Australian Securities and Investment Commission (ASIC) issued regulatory guidelines clarifying the status of funders with respect to ASIC’s regulations and detailing how funders should manage conflicts of interest and handle certain provisions of their funding arrangements. In the United Kingdom, the Jackson Reforms took effect on 1 April 2013, bringing sweeping changes to the allowable fee agreements, discovery rules …


Cakes Without Sugar: Reasons Behind Foreign Investor Reluctance To Enter Mesopotamia, Nidham G. Al Abasey Jan 2013

Cakes Without Sugar: Reasons Behind Foreign Investor Reluctance To Enter Mesopotamia, Nidham G. Al Abasey

Syracuse Journal of International Law and Commerce

No abstract provided.


A Game-Theoretic Model Of International Climate Negotiations, Shi-Ling Hsu Jan 2013

A Game-Theoretic Model Of International Climate Negotiations, Shi-Ling Hsu

Scholarly Publications

No abstract provided.


A Troubled Agreement For Troubled Waters: How An Amended Boundry Waters Treaty Can Solve The Great Lakes Agreement's Fatal Flaws, Paul Shugar Jan 2013

A Troubled Agreement For Troubled Waters: How An Amended Boundry Waters Treaty Can Solve The Great Lakes Agreement's Fatal Flaws, Paul Shugar

Global Business Law Review

Great Lakes water fuels $4.2 trillion of gross-domestic product (“GDP”), making the Great Lakes Region the largest bi-national regional economy in the world. But what are the United States and Canada doing to protect the world’s largest readily available freshwater resource? The Great Lakes-St. Lawrence River Basin Sustainable Water Resources Agreement’s failures show that Canada and the United State must amend the outdated Boundary Waters Treaty of 1909. This amended treaty would provide a uniform approach to regulating the Great Lakes so the states and provinces on both sides of the border must play by the same rules regarding water …


The Integrated Approach—Regulating Private Human Spaceflight As Space Activity, Aircraft Operation, And High-Risk Adventure Tourism, Frans G. Von Der Dunk Jan 2013

The Integrated Approach—Regulating Private Human Spaceflight As Space Activity, Aircraft Operation, And High-Risk Adventure Tourism, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

One of the overriding issues concerning private human spaceflight concerns how to properly regulate this specific new type of activity. Noting that in the discussion regarding regulation thereof usually the three distinct regimes of space law, air law and high-risk adventure tourism law are drawn upon to look for solutions, the present paper addresses the key elements of each of these approaches as they are to some extent already currently being applied and where, as a consequence, gaps and overlaps arise, as well as presents an effort to address the latter in a sensible, coherent, efficient and feasible manner.


The Libor Manipulation Scandal & The Wheatley Review: A Band-Aid On A Knife Wound, John Weldon Jan 2013

The Libor Manipulation Scandal & The Wheatley Review: A Band-Aid On A Knife Wound, John Weldon

Syracuse Journal of International Law and Commerce

No abstract provided.


Preserving Trans-Boundary Aquifers: A Precious Resource For Our Future Generations, Russell Frink Jan 2013

Preserving Trans-Boundary Aquifers: A Precious Resource For Our Future Generations, Russell Frink

Global Business & Development Law Journal

No abstract provided.


South Sudan Road To Independence: Broken Promises And Lost Opportunities, Salman M. A. Salman Jan 2013

South Sudan Road To Independence: Broken Promises And Lost Opportunities, Salman M. A. Salman

Global Business & Development Law Journal

No abstract provided.


Between Secession And Federalism: The Independence Of South Sudan And The Need For A Reconsidered Nigeria, Obehi S. Okojie Jan 2013

Between Secession And Federalism: The Independence Of South Sudan And The Need For A Reconsidered Nigeria, Obehi S. Okojie

Global Business & Development Law Journal

No abstract provided.


Global Issues In Immigration Law, Raquel Aldana, Won Kidane, Beth Lyon, Karla M. Mckanders Jan 2013

Global Issues In Immigration Law, Raquel Aldana, Won Kidane, Beth Lyon, Karla M. Mckanders

McGeorge School of Law Teaching Materials

This title is designed to introduce comparative and international perspectives to the study of immigration law and policy. Topics include an introductory discussion of comparative versus international law and the relevance of both to U.S. Jurisprudence; a comprehensive overview of international migration multilateral and bilateral regimes; glimpses into the immigration law and practices of Mexico, Canada, the European Union, the United Kingdom, France, and Spain; and a final part that examines international norms on freedom of movement, the right to nationality, policing, living conditions, immigrant workers and anti-terrorism law.


Managing The Conflict Between U.S. E-Discovery And The German Data Protection Act, Oliver Forster, Osama Almughrabi Jan 2013

Managing The Conflict Between U.S. E-Discovery And The German Data Protection Act, Oliver Forster, Osama Almughrabi

UC Law SF International Law Review

This article describes both e-discovery in the United States and the German Federal Data Protection Act, the Bundesdatenschutzgesetz (BDSG). It details the conflicting demands of those institutions in the event of litigation, as well as the consequences for a company caught between them. Namely, e-discovery often requires the disclosure of vast amounts of electronically stored information held by a company, while the BDSG prohibits the disclosure of personal information outside of specific exceptions. Failure to disclose the data could result in significant sanctions in the U.S., while disclosing data can lead to large fines and constitutes a criminal offense in …


The Dilemma Of Piratical Ransoms: Should They Be Paid Or Not? On The Human Rights Of Kidnapped Seamen And Their Families, Barry Hart Dubner, Kimberly Chavers Jan 2013

The Dilemma Of Piratical Ransoms: Should They Be Paid Or Not? On The Human Rights Of Kidnapped Seamen And Their Families, Barry Hart Dubner, Kimberly Chavers

Barry Law Review

No abstract provided.


Who's Your Daddy? The International Market For American Sperm, Samantha C. Robbins Jan 2013

Who's Your Daddy? The International Market For American Sperm, Samantha C. Robbins

Syracuse Journal of International Law and Commerce

No abstract provided.


Syracuse Journal Of International Law And Commerce - Volume 41, Number 1 (Complete) Jan 2013

Syracuse Journal Of International Law And Commerce - Volume 41, Number 1 (Complete)

Syracuse Journal of International Law and Commerce

No abstract provided.