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2015

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Articles 151 - 180 of 995

Full-Text Articles in International Law

A Framework For A Formal Sovereign Debt Restructuring Mechanism: The Kiss Principle (Keep It Simple, Stupid) And Other Guiding Principles, Charles W. Mooney Jr. Sep 2015

A Framework For A Formal Sovereign Debt Restructuring Mechanism: The Kiss Principle (Keep It Simple, Stupid) And Other Guiding Principles, Charles W. Mooney Jr.

Michigan Journal of International Law

This paper explores the feasibility of a formal legal regime for the restructuring of sovereign state debt and outlines a framework for such a mechanism. More than a decade ago, senior officials at the International Monetary Fund (IMF) proposed the creation of a formal sovereign debt restructuring mechanism (SDRM). The proposal received support, but was eventually abandoned. One factor that contributed to its demise was the unwillingness of IMF members to submit to a tribunal that would encroach on a state’s sovereignty. Another determinative factor was the ultimate opposition of the United States. Likely related to that opposition, and perhaps …


Freedom Of Expression And Morality-Based Impediments To The Enforcement Of Intellectual Property Rights, Marc J. Randazza Sep 2015

Freedom Of Expression And Morality-Based Impediments To The Enforcement Of Intellectual Property Rights, Marc J. Randazza

Nevada Law Journal

No abstract provided.


Testing Constitutional Pluralism In Strasbourg: Responding To Russia's "Gay Propaganda" Law, Jesse W. Stricklan Sep 2015

Testing Constitutional Pluralism In Strasbourg: Responding To Russia's "Gay Propaganda" Law, Jesse W. Stricklan

Michigan Journal of International Law

In 2013, the Russian Federation amended Federal Law No. 436-FZ, “On Protection of Children from Information Harmful to Their Health and Development” (2013 law), introducing language making illegal the public discussion—or, in the law’s words, “propagandization”—of what it called “non-traditional sexual relationships.” Undertaken during a period of increasing domestic and international hostility, the law was intended by the government to be a bold, two-fold rejection of supposedly “European” values: first, as resistance to the gay rights movement, which is presented as unsuitable for Russia; and second, as a means of further weakening the freedom of expression in Russia. On both …


On Territoriality And International Investment Law: Applying China's Investment Treaties To Hong Kong And Macao, Odysseas G. Repousis Sep 2015

On Territoriality And International Investment Law: Applying China's Investment Treaties To Hong Kong And Macao, Odysseas G. Repousis

Michigan Journal of International Law

To date, investor-state tribunals have been preoccupied with a range of issues revolving around the territorial application (territoriality) of international investment agreements (IIAs). The importance, as well as the various forms such issues take, has recently been highlighted in the decision of the Singapore High Court (SGHC) in Laos v. Sanum. In this case, the SGHC was asked by Laos to set aside an earlier arbitral award (in Sanum v. Laos), filed by a Macanese legal entity and rendered under the China-Laos bilateral investment treaty (BIT). In approaching the matter, the SGHC set aside the award on the grounds that …


The Import Of Hollywood Films In China: Censorship And Quotas, Jessica Grimm Sep 2015

The Import Of Hollywood Films In China: Censorship And Quotas, Jessica Grimm

Syracuse Journal of International Law and Commerce

No abstract provided.


Measuring Land Rights For A Sustainable Future, Kaitlin Y. Cordes, Jeffrey D. Sachs Sep 2015

Measuring Land Rights For A Sustainable Future, Kaitlin Y. Cordes, Jeffrey D. Sachs

Columbia Center on Sustainable Investment Staff Publications

Land rights, both for individuals and for communities, are critical for achieving sustainable development. Security of land tenure and other rights to the land (sometimes held communally rather than individually) can accelerate poverty reduction, strengthen food security, and empower women. Land rights can reduce resource conflicts, as well as encourage the responsible use of natural resources. As the UN member countries begin to implement the new Sustainable Development Goals (SDGs), they should keep land rights in their focus, and measure and protect land rights in order to achieve the SDGs.


Slavery Then And Now: The Trans-Atlantic Slave Trade And Modern Day Human Trafficking: What Can We Learn From Our Past?, Stevie J. Swanson Sep 2015

Slavery Then And Now: The Trans-Atlantic Slave Trade And Modern Day Human Trafficking: What Can We Learn From Our Past?, Stevie J. Swanson

Florida A & M University Law Review

Many have said that history repeats itself. Unfortunately, this is painfully true in the realm of modern day human trafficking. Human trafficking is a thirty-two billion-dollar-a-year industry, and at present, it is estimated that there are approximately twenty-seven million people enslaved worldwide. President Obama has stated that human trafficking is modern day slavery. Both sex trafficking and labor trafficking are forms of modern day slavery that are present throughout America and the world. In America, sex trafficking appears online, and at pseudo-massage parlors, truckstops, residential brothels, strip-clubs, hotels and motels, and on city streets. Labor trafficking in America includes domestic …


Advancing Climate Justice In International Law: An Evaluation Of The United Nations Human Rights-Based Approach, Damilola S. Olawuyi Sep 2015

Advancing Climate Justice In International Law: An Evaluation Of The United Nations Human Rights-Based Approach, Damilola S. Olawuyi

Florida A & M University Law Review

The term “climate justice” has been traditionally deployed by scholars to emphasize the need for international law to provide legal solutions for direct and disproportionate impacts of climate change on human life and survival, particularly in vulnerable communities. However, with emerging patterns of human rights violations, massive land grabs, forced displacements, marginalization, exclusions, and governmental repressions resulting from climate change response measures and projects (particularly clean development mechanism (CDM), and REDD+ projects), climate justice has increasingly gained a more expansive connotation. Human rights violations and climate injustices resulting from climate change projects have resulted in calls for an international approach …


Reasoned Awards In International Commercial Arbitration: Embracing And Exceeding The Common Law-Civil Law Dichotomy, S. I. Strong Sep 2015

Reasoned Awards In International Commercial Arbitration: Embracing And Exceeding The Common Law-Civil Law Dichotomy, S. I. Strong

Michigan Journal of International Law

Unlike many types of domestic arbitration where unreasoned awards (often called “standard awards”) are the norm, international commercial arbitration routinely requires arbitrators to produce fully reasoned awards. However, very little information exists as to what constitutes a reasoned award in the international commercial context or how to write such an award. This lacuna is extremely problematic given the ever-increasing number of international commercial arbitrations that arise every year and the significant individual and societal costs that can result from a badly written award. Although this Article is aimed primarily at specialists in international commercial arbitration, the material is also useful …


Revisiting Self-Determination Conflicts In Indonesia: An International Law Perspective, M. Yakub Aiyub Kadir Aug 2015

Revisiting Self-Determination Conflicts In Indonesia: An International Law Perspective, M. Yakub Aiyub Kadir

Indonesia Law Review

Indonesia is a former Dutch colony which declared its independence on August 17, 1945. However, it was not internationally recognised until December 27, 1949, when the Netherlands formally transferred the sovereignty of the Dutch East Indies to a new political entity called ‘Indonesia’ at the Round Table Conference in the Hague. This occasion marked the political union of all diverse kingdoms and regional communities spread over the Indonesian archipelago. This step has been frequently associated with the global spirit of many other countries around the world to gain independence from Western colonisers and with the international principle of self-determination. However, …


‘Pro Enforcement Bias’ Under Article V Of The New York Convention In International Commercial Arbitration: Comparative Overview, Fifi -. Junita - Aug 2015

‘Pro Enforcement Bias’ Under Article V Of The New York Convention In International Commercial Arbitration: Comparative Overview, Fifi -. Junita -

Indonesia Law Review

This article explores the main features of exceptions to enforcement under Article V of the NYC, including its exhaustive and discretionary natures. It then specifically provides an overview of narrow judicial control over the grounds for refusing enforcement under the Article V of the NYC. It points out the fundamental principles of the provision in determining the enforceability of international arbitral awards. Then this article will occasionally refer to international arbitral cases in some jurisdictions, such as the United States, France and Switzerland. It is noted that courts and legislatures in those jurisdictions have moved towards pro-enforcement policy to questions …


Session Report - Theme 3: Arctic Governance, Michael Grey Aug 2015

Session Report - Theme 3: Arctic Governance, Michael Grey

ShipArc 2015 Conference

No abstract provided.


Session Report - Theme 2: Beyond The Polar Code, Heike Deggim Aug 2015

Session Report - Theme 2: Beyond The Polar Code, Heike Deggim

ShipArc 2015 Conference

No abstract provided.


Session Report - Theme 1: Polar Code, Jack Westwood-Booth Aug 2015

Session Report - Theme 1: Polar Code, Jack Westwood-Booth

ShipArc 2015 Conference

No abstract provided.


Increasing Role And Participation Of Non-Arctic States In The Governance Of Arctic Region: A Sample Of Turkey, Onur Sabri Durak Aug 2015

Increasing Role And Participation Of Non-Arctic States In The Governance Of Arctic Region: A Sample Of Turkey, Onur Sabri Durak

ShipArc 2015 Conference

No abstract provided.


Can The U.S. Use A Reservation To Alleviate Sovereignty Concerns Regarding The Convention On The Rights Of Persons With Disabilities?, Candace Farmer Aug 2015

Can The U.S. Use A Reservation To Alleviate Sovereignty Concerns Regarding The Convention On The Rights Of Persons With Disabilities?, Candace Farmer

Georgia Journal of International & Comparative Law

No abstract provided.


Stolen Innocence: The United Nations' Battle Against The Forced Recruitment And Use Of Child Soldiers In Myanmar, Haley E. Chafin Aug 2015

Stolen Innocence: The United Nations' Battle Against The Forced Recruitment And Use Of Child Soldiers In Myanmar, Haley E. Chafin

Georgia Journal of International & Comparative Law

No abstract provided.


Incorporating The Third Party Beneficiary Principle In Natural Resource Contracts, James T. Gathii Aug 2015

Incorporating The Third Party Beneficiary Principle In Natural Resource Contracts, James T. Gathii

Georgia Journal of International & Comparative Law

No abstract provided.


For Trinkets, Tonics, And Terrorism: International Wildlife Poaching In The Twenty-First Century, Ranee Khooshie Lal Panjabi Aug 2015

For Trinkets, Tonics, And Terrorism: International Wildlife Poaching In The Twenty-First Century, Ranee Khooshie Lal Panjabi

Georgia Journal of International & Comparative Law

No abstract provided.


Table Of Contents And Masthead, Georgia Journal Of International And Comparative Law Aug 2015

Table Of Contents And Masthead, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


Arctic Shipping & Liability For Harm To Natural Resources, Dominik Walkowski Aug 2015

Arctic Shipping & Liability For Harm To Natural Resources, Dominik Walkowski

ShipArc 2015 Conference

No abstract provided.


Ocean Governance In The Arctic : Conflict, Cooperation, Challenges, David Vanderzwaag Ph.D Aug 2015

Ocean Governance In The Arctic : Conflict, Cooperation, Challenges, David Vanderzwaag Ph.D

ShipArc 2015 Conference

No abstract provided.


Regulatory Developments & Challenges : The Polar Code, Arsenio A. Dominguez Aug 2015

Regulatory Developments & Challenges : The Polar Code, Arsenio A. Dominguez

ShipArc 2015 Conference

No abstract provided.


Regulation-Tolerant Weapons, Regulation-Resistant Weapons And The Law Of War, Sean Watts Aug 2015

Regulation-Tolerant Weapons, Regulation-Resistant Weapons And The Law Of War, Sean Watts

International Law Studies

The historical record of international weapons law reveals both regulation-tolerant weapons and regulation-resistant weapons, identifiable by a number of criteria, including effectiveness, novelty, deployment, medical compatibility, disruptiveness and notoriety. This article identifies these criteria both to explain and inform existing weapons law, and also to facilitate efforts to identify weapons and emerging technology that may prove susceptible to future law of war regulation. By charting both the history and methodology of weapons law with a view toward identifying forces and influences that have made some weapons susceptible to international regulation and made others resistant, this article offers a starting point …


Emerging Technologies And Loac Signaling, Eric Talbot Jensen Aug 2015

Emerging Technologies And Loac Signaling, Eric Talbot Jensen

International Law Studies

As States seek to weaponize new technologies such as robotics, cyber tools and nanotechnology, the current law of armed conflict (LOAC) that guides the employment of existing weapons will signal rules and principles that should guide national decisions on what new technologies to weaponize and how to do so in a way that ensures compliance with battlefield regulation. LOAC has served this "signaling" function historically with respect to innovative weapon systems such as balloons, submarines, airplanes, and nuclear weapons, and will continue to do so as nations look forward to potentially weaponizing emerging technologies.


Science, Policy And The Developing Frontiers Of International Law, L.F. E. Goldie Aug 2015

Science, Policy And The Developing Frontiers Of International Law, L.F. E. Goldie

Akron Law Review

SCIENCE HAS ALWAYS BEEN a most important, if not the most important, agent of legal change. The hydraulic engineering achievements of ancient Egypt and China not only determined the laws of land ownership, use and planning, but also the administrative and constitutional structure of society. Where would the law of the sea be without the development of ships and the science of navigation? In a lighter view too we can imagine chariots creating traffic problems (and laws) on the Appian Way, or in the main streets of Athens and Pompeii-for it created problems for pedestrians both in peace and war


International Law: The Bridge To International Justice, Wayne L. Morse Aug 2015

International Law: The Bridge To International Justice, Wayne L. Morse

Akron Law Review

The United Nations Charter, with its Statute of the International Court of Justice, offers mankind's best hope of attaining a world order of permanent peace through the substitution of the peaceful policies and procedures of International Justice for the jungle law of military might.


Science, Policy And The Developing Frontiers Of International Law, L.F. E. Goldie Aug 2015

Science, Policy And The Developing Frontiers Of International Law, L.F. E. Goldie

Akron Law Review

SCIENCE HAS ALWAYS BEEN a most important, if not the most important, agent of legal change. The hydraulic engineering achievements of ancient Egypt and China not only determined the laws of land ownership, use and planning, but also the administrative and constitutional structure of society. Where would the law of the sea be without the development of ships and the science of navigation? In a lighter view too we can imagine chariots creating traffic problems (and laws) on the Appian Way, or in the main streets of Athens and Pompeii-for it created problems for pedestrians both in peace and war.


International Law: The Bridge To International Justice, Wayne L. Morse Aug 2015

International Law: The Bridge To International Justice, Wayne L. Morse

Akron Law Review

The United States Senate, on July 28, 1945, by a vote of eighty-nine to two, passed the Resolution of Ratification of the Charter of the United Nations with the Statute of the International Court of Justice annexed thereto. The treaty had been formulated at the United Nations Conference on International Organization, in San Francisco, and signed on June 26, 1945.


Editorial Foreword, Donald E. Wright Aug 2015

Editorial Foreword, Donald E. Wright

Akron Law Review

In recent years, much public comment has centered on the issue of delay in civil and criminal litigation. A survey of six Northeastern Ohio counties was published in 1970 under the title: ORDER IN THE COURTS. The report failed to stir active concern in the legal community because of the lack of available standards against which disposition figures could be measured.