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International Law Commons™

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2015

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Articles 601 - 630 of 995

Full-Text Articles in International Law

Genocide Convention - Intentional Starvation - Ethiopian Famine In The Eritrean War For Independence. The Applicability Of The Genocide Convention To Government Imposed Famine In Eritrea., Jean E. Zeiler Jan 2015

Genocide Convention - Intentional Starvation - Ethiopian Famine In The Eritrean War For Independence. The Applicability Of The Genocide Convention To Government Imposed Famine In Eritrea., Jean E. Zeiler

Georgia Journal of International & Comparative Law

No abstract provided.


Foreign Policy And Export Controls: How Will The Canada-United States Free Trade Agreement Accommodate The Extraterritorial Application Of United States Laws To Canadian Exports Of Goods And Technology?, Dorinda G. Dallmeyer Jan 2015

Foreign Policy And Export Controls: How Will The Canada-United States Free Trade Agreement Accommodate The Extraterritorial Application Of United States Laws To Canadian Exports Of Goods And Technology?, Dorinda G. Dallmeyer

Georgia Journal of International & Comparative Law

No abstract provided.


Further Steps In The Clarification Of The Soviet Position On The Innocent Passage Of Foreign Warships Through Its Territorial Waters, Erik Franckx Jan 2015

Further Steps In The Clarification Of The Soviet Position On The Innocent Passage Of Foreign Warships Through Its Territorial Waters, Erik Franckx

Georgia Journal of International & Comparative Law

No abstract provided.


Forum: American Acceptance Of The Jurisdiction Of The International Court Of Justice: Experiences And Prospects, Louis B. Sohn, Dean Rusk, Gabriel M. Wilner Jan 2015

Forum: American Acceptance Of The Jurisdiction Of The International Court Of Justice: Experiences And Prospects, Louis B. Sohn, Dean Rusk, Gabriel M. Wilner

Georgia Journal of International & Comparative Law

No abstract provided.


Racketeering After Morrison: Extraterritorial Application Of Civil Rico, Daniel Hoppe Jan 2015

Racketeering After Morrison: Extraterritorial Application Of Civil Rico, Daniel Hoppe

Northwestern University Law Review

In Morrison v. National Australia Bank Ltd., the Supreme Court set forth a framework to identify the extraterritorial reach of a federal statute. The Supreme Court required that a statute demonstrate congressional intent to apply to extraterritorial conduct. Under this framework, federal courts have found that civil RICO does not apply to extraterritorial conduct. However, the courts have been inconsistent in their analysis of RICO under Morrison. Some courts have found that RICO does not apply to extraterritorial enterprises while others have found that RICO does not apply to extraterritorial conduct. But the courts have been consistent in …


Defensive Force Against Non-State Actors: The State Of Play, Monica Hakimi Jan 2015

Defensive Force Against Non-State Actors: The State Of Play, Monica Hakimi

International Law Studies

This article assesses the implications of the current Syria situation for the international law on the use of defensive force against non-State actors. The law in this area is highly unsettled, with multiple legal positions in play. After mapping the legal terrain, the article shows that the Syria situation accentuates three preexisting trends. First, the claim that international law absolutely prohibits the use of defensive force against non-State actors is increasingly difficult to sustain. States, on the whole, have supported the operation against the so-called Islamic State in Syria. Second, States still have not coalesced around a legal standard on …


Oh, What A Tangled Web We Weave: The Implications Of Conflicting Domestic Policy On Arbitrability And Award Enforcement, Jennifer Vincent Jan 2015

Oh, What A Tangled Web We Weave: The Implications Of Conflicting Domestic Policy On Arbitrability And Award Enforcement, Jennifer Vincent

UC Law SF International Law Review

Perhaps the most attractive reason to submit a dispute to arbitration is the privacy of the process, and, though courts have some authority in enforcement or setting aside of awards, courts in one country may decide to enforce an award that has been set aside in another. For this reason, many countries have traditionally shielded from arbitration certain spheres in which strong public interest would discourage the unpredictability of an arbitration and have reserved these issues for courts and other more qualified state authorities. This leads to inconsistency and confusion when dealing with a dispute between two parties in international …


A Comparative Analysis Of Spain's Startup Co-Investment Fund And The United States Government Funded Venture Capital, Kelly Gunderson Jan 2015

A Comparative Analysis Of Spain's Startup Co-Investment Fund And The United States Government Funded Venture Capital, Kelly Gunderson

UC Law SF International Law Review

Innovation through new venture start-ups has been shown to have a direct effect on the growth of a country's overall economy. This paper will analyze Spain's new government funded venture capital program, the Startup Co- Investment Fund ("SCIF"), in order to determine its likelihood of success in Spain and whether other countries should also look to a similar program in order to build their VC market. To effectively examine the new program it will be helpful to carefully explore the U.S.'s venture capital market and history, as the U.S. ranked number one for VC in 2013, while Spain remained at …


Stateless And Fleeing Persecution: The Situation Of The Rohingya In Thailand, Amanda Crews Slezak, Thalia Roussos Singer, Rupa Ramadurai Jan 2015

Stateless And Fleeing Persecution: The Situation Of The Rohingya In Thailand, Amanda Crews Slezak, Thalia Roussos Singer, Rupa Ramadurai

Children's Legal Rights Journal

No abstract provided.


Climate Change Impacts On Ocean And Coastal Law: U.S. And International Perspectives, Randall S. Abate Jan 2015

Climate Change Impacts On Ocean And Coastal Law: U.S. And International Perspectives, Randall S. Abate

Faculty Books and Book Contributions

Ocean and coastal law has grown rapidly in the past three decades as a specialty area within natural resources law and environmental law. The protection of oceans has received increased attention in the past decade because of sea-level rise, ocean acidification, the global overfishing crisis, widespread depletion of marine biodiversity such as marine mammals and coral reefs, and marine pollution. Paralleling the growth of ocean and coastal law, climate change regulation has emerged as a focus of international environmental diplomacy, and has gained increased attention in the wake of disturbing and abrupt climate change related impacts throughout the world that …


Improving Substantive And Procedural Protections For Indigenous Rights In Redd+ Projects: Possible Lessons From Brazil, Kristen Taylor Jan 2015

Improving Substantive And Procedural Protections For Indigenous Rights In Redd+ Projects: Possible Lessons From Brazil, Kristen Taylor

Student Works

Nations around the world are beginning to acknowledge that climate change is an imminent threat to our planet and are responding with mitigation efforts. REDD+ (reducing emissions from deforestation and degradation plus) may be a way to minimize the deforestation that has lead to the increased greenhouse gas emissions causing a change in our global climate. Although REDD+ is one the leading proposals to address climate change, it lends itself to potentially harmful effects on indigenous people, if the regulating nation does not possess adequate policy for protections of their indigenous peoples. Indigenous peoples face the challenge of safeguarding access …


Extraterritorial Enforcement Of National Laws In Connection With Online Commercial Activity, Marketa Trimble Jan 2015

Extraterritorial Enforcement Of National Laws In Connection With Online Commercial Activity, Marketa Trimble

Boyd Briefs / Road Scholars

Professor Marketa Trimble displayed this slideshow during her presentation at the Fifth Annual Internet Law Works-in-Progress conference, held at Santa Clara Law on March 7, 2015.


Finding Aid To The Collection Of Richard Cutts Shannon Materials., Richard Cutts Shannon, Colby College Special Collections Jan 2015

Finding Aid To The Collection Of Richard Cutts Shannon Materials., Richard Cutts Shannon, Colby College Special Collections

Finding Aids

The Richard Cutts Shannon collection contains diaries, correspondence, printed materials, photographs, artifacts, and clippings by and about Richard Cutts Shannon, Colby Class of 1862. Of note are many diaries Shannon kept throughout his life between 1862-1920, including his time as an aide-de-camp in the Civil War, a prisoner in Libby Prison, his voyage to Rio de Janeiro, Brazil, his service as Secretary of the U.S. Legation in Brazil, as a U.S. Congressman, and an account of his tour around the world. This collection also contains photographs, artifacts (Shannon's riding gloves and saddlebag from the Civil War era), Shannon's accounts of …


If The Residual Mechanism Should Close For Example In Sierra Leone. What Should Happen To The Prisoners Who Choose To Vioalte The Conditions Of Early Release? What Options Are Available To Monitor And Enforce The Conditions Of Release?, Matilda Sodiya Jan 2015

If The Residual Mechanism Should Close For Example In Sierra Leone. What Should Happen To The Prisoners Who Choose To Vioalte The Conditions Of Early Release? What Options Are Available To Monitor And Enforce The Conditions Of Release?, Matilda Sodiya

War Crimes Memoranda

No abstract provided.


Legal Obligations Of States And Organizations Under The Rome Statute. Specifically Addressing The Legal Obligations Of States Parties, Non-States Parties, And The Security Council, And Analyzing What Options Exist To Aid The Icc In Its Enforcement Of These Obligiations., Jessica Joyce Jan 2015

Legal Obligations Of States And Organizations Under The Rome Statute. Specifically Addressing The Legal Obligations Of States Parties, Non-States Parties, And The Security Council, And Analyzing What Options Exist To Aid The Icc In Its Enforcement Of These Obligiations., Jessica Joyce

War Crimes Memoranda

No abstract provided.


International Law Weekend 2014 Keynote Address, Lori F. Damrosch Jan 2015

International Law Weekend 2014 Keynote Address, Lori F. Damrosch

ILSA Journal of International & Comparative Law

I am honored to follow in the footsteps of previous presidents of the American Society of International Law who have spoken on the occasion of the International Law Weekend in New York.


Secession, Stagnation And The State-Centered Version Of International Law, Valerie Epps Jan 2015

Secession, Stagnation And The State-Centered Version Of International Law, Valerie Epps

ILSA Journal of International & Comparative Law

Votes on secession are breaking out all over the globe.


Secession And The Two Types Of Terrritorial Claims, Lea Brilmayer Jan 2015

Secession And The Two Types Of Terrritorial Claims, Lea Brilmayer

ILSA Journal of International & Comparative Law

Secession, conventionally, has been seen as a corollary of the "rights of peoples"; whether would-be secessionists were entitled to a state of their own, depended on whether they were a "people" sufficiently distinct from the balance of a states's population.


The Neglected Virtues Of Bright Lines: International Law In The 2014 Ukraine Crises, Brad R. Roth Jan 2015

The Neglected Virtues Of Bright Lines: International Law In The 2014 Ukraine Crises, Brad R. Roth

ILSA Journal of International & Comparative Law

Given the prevalent absense of authoritative interpretation-let alone adjudication and enforcement-international law is frequently dismissed as so open-textured as to admit of competing conclusions about its application to any significant controversy.


Self-Determination And Secession Under International Law: The New Framework, Milena Sterio Jan 2015

Self-Determination And Secession Under International Law: The New Framework, Milena Sterio

ILSA Journal of International & Comparative Law

Salman Rushdie, the famous novelist, wrote" Shalimar the Clown": "Why not just stand still and draw a circle round your feet and name that Selfistan?"


Recourse To International Dispute Settlement Mechanisms, Including Recent International Court Of Justice Decisions, Ana Cristina Rodriquez Pineda Jan 2015

Recourse To International Dispute Settlement Mechanisms, Including Recent International Court Of Justice Decisions, Ana Cristina Rodriquez Pineda

ILSA Journal of International & Comparative Law

Many dispute settlements can only be properly understood within the wider international political context.


The Tpp: How To Facilitate Business Through Legislative And Regulatory Reform?, Eugenio Briales Gomez-Tarragona, Daniela Gomez-Altamirano Jan 2015

The Tpp: How To Facilitate Business Through Legislative And Regulatory Reform?, Eugenio Briales Gomez-Tarragona, Daniela Gomez-Altamirano

ILSA Journal of International & Comparative Law

In recent years, it has become evident that the success of the General Agreement on Tariffs and Trade (GATT) era has not been replicated and that that multilateral trade system rooted in the World Trade Organization (WTO) is far from a real achievement in further trade liberalization.


International Law And Sea Level Rise: The New Ila Committee, Davor Vidas, David Freestone, Jane Mcadam Jan 2015

International Law And Sea Level Rise: The New Ila Committee, Davor Vidas, David Freestone, Jane Mcadam

ILSA Journal of International & Comparative Law

The Intergovernmental Panel on Climate Change (IPCC) has now released its Fifth report.


The Inter-American Commission On Human Rights: Reform And The Question Of University, Stephen Vasciannie Jan 2015

The Inter-American Commission On Human Rights: Reform And The Question Of University, Stephen Vasciannie

ILSA Journal of International & Comparative Law

On September 12, 2014, the Organization of American States (OAS) adopted a Strategic Vision to design and provide guidance to States on points of emphasis to be pursued for the future.


The U.S Foreign Account Tax Compliance Act: American Legal Imperialism?, Bruce W. Bean, Abbey L. Wright Jan 2015

The U.S Foreign Account Tax Compliance Act: American Legal Imperialism?, Bruce W. Bean, Abbey L. Wright

ILSA Journal of International & Comparative Law

The Foreign Account Tax Compliance Act (FATCA) was enacted in 2010 and came into effect on January 1, 2013.


Earned Soverignty Revisited: Creating A Strategic Framework For Managing Self-Determination Based Conflicts, Paul R. Williams, Abigail J. Avoryie, Carlie J. Armstrong Jan 2015

Earned Soverignty Revisited: Creating A Strategic Framework For Managing Self-Determination Based Conflicts, Paul R. Williams, Abigail J. Avoryie, Carlie J. Armstrong

ILSA Journal of International & Comparative Law

Self-determination movements are global phenomena that perpetually tug at the strings of a world order based on the principles of sovereignty and territorial integrity.


Is International Arbitration Universal?, Halil Rahman Basaran Jan 2015

Is International Arbitration Universal?, Halil Rahman Basaran

ILSA Journal of International & Comparative Law

Due to diversity in parties to (e.g., states, international organizations, corporations and indivduals) and subjects of (e.g., state responsibility, investment, commercial transaction, violation of the international commercial contract) international arbitration, it would seem cogent to argue that international arbitration is comprised of many types.


Korean Dmz Peace Park' And The Landmine Problem, John H. Kim Jan 2015

Korean Dmz Peace Park' And The Landmine Problem, John H. Kim

ILSA Journal of International & Comparative Law

It is a landscape of nightmare, this wasteland of a demilitarized zone, artillery craters, barbed wire, minefield, graveyards, the skeltons of villages and the remains of rice paddies.


The Role Of The Multilateral Investment Fund (Mif) In The Promotion Of Foreign Private Investments In The Latin American And Caribbean Region, Francesco Seatzu Jan 2015

The Role Of The Multilateral Investment Fund (Mif) In The Promotion Of Foreign Private Investments In The Latin American And Caribbean Region, Francesco Seatzu

ILSA Journal of International & Comparative Law

Today few would deny that foreign private investments, like workers' remittances, constitute fundamental instruments for strengthening and expanding the economies of developing countries in Africa, Asia and notably in the Latin American and Caribbean region.


"Help Me, I Can't Go Home"-Alternative Remedies For Colombian Victims Of Violence Who Do Not Qualify For Political Asylum In The United States, Yineth Sanchez Jan 2015

"Help Me, I Can't Go Home"-Alternative Remedies For Colombian Victims Of Violence Who Do Not Qualify For Political Asylum In The United States, Yineth Sanchez

ILSA Journal of International & Comparative Law

Most of the top leaders of the main guerrillas and paramilitary groups in Colombia have fallen, but the violence and the security concerns remain.