Open Access. Powered by Scholars. Published by Universities.®

International Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

2016

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 841 - 870 of 1038

Full-Text Articles in International Law

Cross-Cultural Challenges, Consensus, And Opportunities For Advancing The Professional Ethical Integrity Of Legal System Actors, Rory K. Little Jan 2016

Cross-Cultural Challenges, Consensus, And Opportunities For Advancing The Professional Ethical Integrity Of Legal System Actors, Rory K. Little

UC Law SF International Law Review

No abstract provided.

Go to article

Reflections On Ethical Integrity: Challenges To The Rule Of Law Facing The Haitian Legal Profession, Jomanas Eustache Jan 2016

Reflections On Ethical Integrity: Challenges To The Rule Of Law Facing The Haitian Legal Profession, Jomanas Eustache

UC Law SF International Law Review

No abstract provided.

Go to article

Introduction: Global Human Rights Law And The Boundaries Of Statehood, Daniel Augenstein, Hans Lindahl Jan 2016

Introduction: Global Human Rights Law And The Boundaries Of Statehood, Daniel Augenstein, Hans Lindahl

Indiana Journal of Global Legal Studies

The contributions collected in this Special Issue are the outcome of a colloquium on "Global Human Rights Law and the Boundaries of Statehood" held at the Stellenbosch Institute for Advanced Study (STIAS) in South Africa in March 2015. The colloquium is the first in a series of topics to be addressed within the STIAS research project, "Boundaries and Legal Authority in a Global Context," coordinated by Hans Lindahl and Louise du Toit. We would like to express our gratitude to STIAS for the funding and logistics of the colloquium. Our particular thanks are due to the director of STIAS, Hendrik …

Go to article

Fathoming Potential In China—How Ship Lease Financing Arrangements And Free Trade Zones May Open Markets To Non-Bank Investent, Rick Beaumont Jan 2016

Fathoming Potential In China—How Ship Lease Financing Arrangements And Free Trade Zones May Open Markets To Non-Bank Investent, Rick Beaumont

American University Business Law Review

No abstract provided.

Go to article

The Temporal Rivalries Of Human Rights, Fleur E. Johns Jan 2016

The Temporal Rivalries Of Human Rights, Fleur E. Johns

Indiana Journal of Global Legal Studies

Nation-states' "boundaries" are produced in time: around official working hours and terms of office, for instance, and in the historicomythic "life of the nation." Global human rights practices affirm and depend on nation-states' temporal authority, while also calling that authority into question. In different ways, global markets do likewise. In recent decades, the ubiquity of both finance capital and international human rights law, among other factors, may have encouraged the fracturing of time into intervals of ever-decreasing length. Temporal authority premised on the long-term seems to have declining purchase, even as historicism and futurism abound, discouraging some modes of state-based …

Go to article

Corporations And The Limits Of State-Based Models For Protecting Fundamental Rights In International Law, David Bilchitz Jan 2016

Corporations And The Limits Of State-Based Models For Protecting Fundamental Rights In International Law, David Bilchitz

Indiana Journal of Global Legal Studies

At the heart of international law lies a central tension. On the one hand, the fundamental rights recognized in international treaties protect the fundamental interests of individuals, obligating all actors who can affect these rights. One the other hand, international law has often been conceived of as a system in which the only legitimate actors are states. In turn, only states can be bound by the fundamental rights obligations in international treaties. To address this tension, two models have been proposed. The first is an "Indirect duty" approach, whereby the state remains the primary duty-bearer and must itself "create" the …

Go to article

Fractured Territories And Abstracted Terrains: Human Rights Governance Regimes Within And Beyond The State, Larry Catá Backer Jan 2016

Fractured Territories And Abstracted Terrains: Human Rights Governance Regimes Within And Beyond The State, Larry Catá Backer

Indiana Journal of Global Legal Studies

The problem of representation has become a central element for the development of human rights norms, not just within international organizations, but within states as well. The problem has been made acute by two significant changes in the organization of power that became visible after the 1950s. On one hand, the idea of the individual became more abstract. Mass democracy became symptomatic of a general trend toward the dissolution of the individual within a mass population, which was incarnated as the aggregation of its group characteristics, its statistics, and data. On the other hand, states were becoming less solid; the …

Go to article

Human Rights And Global Public Goods: The Sound Of One Hand Clapping?, Neil Walker Jan 2016

Human Rights And Global Public Goods: The Sound Of One Hand Clapping?, Neil Walker

Indiana Journal of Global Legal Studies

Each operating in a presumptively general or universal register, 'public goods" and "human rights" are among the most popular and visible contemporary carriers of ideas of global law and governance and are therefore prime sources for any broader project of global justice. Their combination, moreover, holds out the prospect of a fertile engagement between the two core concerns of modern political morality our collective requirements and potential (public goods) and our individual dignity and well-being (human rights). Yet for all their ambition, public goods and human rights each face the formidable challenge of placing considerations of political authority and political …

Go to article

Statehood, Power, And The New Face Of Consent, Sheldon Leader Jan 2016

Statehood, Power, And The New Face Of Consent, Sheldon Leader

Indiana Journal of Global Legal Studies

Individuals and groups are often subjected to power, both public and private, by eliciting their consent. Debate usually focuses on whether or not that consent is freely given or is vitiated by imbalances of strength between the bargaining parties. This essay focuses on a different issue, one that is largely passed over in legal and moral analyses: how far does and should consent bind one to accepting in advance changes in the future? There are signs of a fundamental shift in answering this question-a shift that particularly concerns the control of power in the economy. Industrial democracies may be abandoning …

Go to article

One Pillar: Legal Authority And A Social License To Operate In A Global Context, Hans Lindahl Jan 2016

One Pillar: Legal Authority And A Social License To Operate In A Global Context, Hans Lindahl

Indiana Journal of Global Legal Studies

The claim that businesses have a social license to operate acquires concrete form in the second pillar of the U.N. Guiding Principles on Business and Human Rights (UNGPs) in the fundamental distinction between "compliance with all applicable laws" and "respect for human rights." The aim of this paper is to critically examine the presuppositions that undergird this distinction and to explain how and why moving beyond state-centered thinking about law, in response to violations of human rights by globally operating businesses, requires acknowledging that there is one pillar that embraces states and businesses: the legal obligation to comply with international …

Go to article

Using International Property Law As A Lever To Evolve Toward Integrative Ocean Governance, Rachael E. Salcido Jan 2016

Using International Property Law As A Lever To Evolve Toward Integrative Ocean Governance, Rachael E. Salcido

University of the Pacific Law Review

No abstract provided.

Go to article

2015 Brandeis Institute Of International Judges Report: International Courts, Local Actors, Brandeis Institute Of International Judges Jan 2016

2015 Brandeis Institute Of International Judges Report: International Courts, Local Actors, Brandeis Institute Of International Judges

University of the Pacific Law Review

No abstract provided.

Go to article

Foreign Governments As Plaintiffs In U.S. Courts And The Case Against "Judicial Imperialism", Hannah L. Buxbaum Jan 2016

Foreign Governments As Plaintiffs In U.S. Courts And The Case Against "Judicial Imperialism", Hannah L. Buxbaum

Articles by Maurer Faculty

One consequence of the increasingly transnational nature of civil litigation is that U.S. courts must frequently address the interests of foreign sovereigns. These interactions arise primarily in three contexts: when a foreign government is the defendant in a U.S. court; when a claim requires a U.S. court to scrutinize actions taken by a foreign government; and when a U.S. court seeks to apply U.S. law to persons or conduct within a foreign government’s borders. Each of these contexts invokes a narrative in which the engagement of U.S. courts interferes or conflicts with the prerogatives of a foreign sovereign. As a …

Go to article

The Global Data Protection Implications Of "Brexit", Fred H. Cate, Christopher Kuner, Dan Jerker B. Svantesson, Orla Lynskey, Christopher Millard Jan 2016

The Global Data Protection Implications Of "Brexit", Fred H. Cate, Christopher Kuner, Dan Jerker B. Svantesson, Orla Lynskey, Christopher Millard

Articles by Maurer Faculty

No abstract provided.

Go to article

Treaty Commitment And The Reconstruction Of Social Relations Among States, Youcheer Kim Jan 2016

Treaty Commitment And The Reconstruction Of Social Relations Among States, Youcheer Kim

Legacy Theses & Dissertations (2009 - 2024)

Does states’ treaty commitment promote the inter-state socialization? A gap exists in the existing constructivist International Relations literature as to which agents could promote the internalization of constitutive beliefs through which process. This project seeks to illuminate whether states’ treaty commitments have promoted the inter-state socialization in three dimensions: (1) the convergence of voting patterns in the UN General Assembly (2) the convergence of state practices in territorial disputes (3) the emergence of rules-oriented domestic governance. I draw on classical sociology, public law theory, the English School theory, and the Transnational Legal Process theory to develop the Social Theory of …

Go to article

What Is "Colonial" About Colonial Laws?, Arudra Barra Jan 2016

What Is "Colonial" About Colonial Laws?, Arudra Barra

American University International Law Review

No abstract provided.

Go to article

The Quest For A User-Friendly Copyright Regime In Hong Kong, Peter K. Yu Jan 2016

The Quest For A User-Friendly Copyright Regime In Hong Kong, Peter K. Yu

American University International Law Review

No abstract provided.

Go to article

V.17-2, 2016 Masthead Jan 2016

V.17-2, 2016 Masthead

San Diego International Law Journal

No abstract provided.

Go to article

Endemic Corruption In The People's Republic Of China, Emily Tran Jan 2016

Endemic Corruption In The People's Republic Of China, Emily Tran

San Diego International Law Journal

Since taking office in 2013, President Xi Jinping has emphasized the importance of enforcing his campaign against corruption. The number of bribery convictions issued in recent years and the possibility of receiving the death penalty for serious corruption-related crimes underscores the seriousness with which the CPC considers corruption. The penalties for bribery are harsh compared to most other countries and serve as a strong method of deterrence. Part II of this Article discusses the PRC's anti-corruption laws in the individual and commercial contexts and note the inherent problems in the CPC's enforcement efforts. Part III will discuss the impact of …

Go to article

The Currency Of History: The Possible, And Improper, Restriction On Ancient Egyptian Coinage, Cody Wisniewski Jan 2016

The Currency Of History: The Possible, And Improper, Restriction On Ancient Egyptian Coinage, Cody Wisniewski

San Diego International Law Journal

Any restriction on the importation of Egyptian artifacts into the United States between the United States and the Arab Republic of Egypt should not contain a restriction on the importation of Ancient Egyptian coins. Emergency restrictions on the importation of Ancient Egyptian coins would be inappropriate for three reasons. First, Ancient Egyptian coinage does not fit within the narrowly tailored requirements that the United States employs in order to impose import restrictions on particular artifacts. Second, the United States is the only country that is a signatory to the 1970 UNESCO Convention that is enacting such restrictions on ancient coinage, …

Go to article

V. 18-1, 2016 Masthead Jan 2016

V. 18-1, 2016 Masthead

San Diego International Law Journal

No abstract provided.

Go to article

The Evolution Of China’S Legislation On Reproduction, Du Yifang Jan 2016

The Evolution Of China’S Legislation On Reproduction, Du Yifang

San Diego International Law Journal

This Article discusses how Chinas policy on reproduction developed from one that encouraged population growth to the very restrictive one-child policy. Part I discusses the factors underlying the establishment of the reproduction system after 1949. Part II analyzes the transition of national olicy and legislation over the period from 1980 to 2001 from encouraging to controlling childbirth. Part III discusses, in detail, the development and implementation of the one-child policy, and Part IV discusses the effects of this development. Finally, Part V explains the 2016 amendment to the Population and Family Planning Law in China, which abandoned the one-child policy.

Go to article

Extraterrestrial Property Rights: Utilizing The Resources Of The Final Frontier, John Myers Jan 2016

Extraterrestrial Property Rights: Utilizing The Resources Of The Final Frontier, John Myers

San Diego International Law Journal

In sum, space exploration offers three important opportunities for the United States. First, space exploration promotes scientific progress and international cooperation. Second, space exploration will drive the world economy by creating new jobs and introducing exploited space resources into the markets. Third, space exploration will reverse the decline of the United States in math and science by inspiring children to be interested in STEM fields. More than fifty years later, President Kennedy words still ring true: ;[N]o nation which expects to be the leader of other nations can expect to stay behind in the race for space

Go to article

Gone But Not Forgotten: Recognizing The Right To Be Forgotten In The U.S. To Lessen The Impacts Of Data Breaches, Ashley Stenning Jan 2016

Gone But Not Forgotten: Recognizing The Right To Be Forgotten In The U.S. To Lessen The Impacts Of Data Breaches, Ashley Stenning

San Diego International Law Journal

This Comment will explore the right to be forgotten, how it is recognized in the European Union, and the trend toward the existence of such a right in the United States. Additionally, this comment will discuss how the right to be forgotten could lessen the impact data breaches have on individuals through the lens of the Ashley Madison hack. Lastly, this comment will discuss how, if the United States narrowed the scope of the European Union’s concept of the right to be forgotten to fit into the United States’ view of privacy and the First Amendment, the impact of data …

Go to article

Picking Up The Slackline: Can The United States And Japan Successfully Regulate Commercial Fishing Of Bluefin Tuna Following Failed Intergovernmental Attempts?, Sarah E. Bauer Jan 2016

Picking Up The Slackline: Can The United States And Japan Successfully Regulate Commercial Fishing Of Bluefin Tuna Following Failed Intergovernmental Attempts?, Sarah E. Bauer

Indiana Law Journal

Part I of this Note will address the reasons why intergovernmental organizations have failed to adequately regulate the commercial fishing of Bluefin tuna. Part II offers an analysis of the Bluefin markets in the United States and Japan and argues that these countries are ideal candidates for successful Bluefin regulation because of their market structures. Part III explores the likelihood that the two countries would implement such regulations, taking into account the respective governments’ histories of species-specific regulation.

Go to article

Some Newly Emergent Geographies Of Injustice: Boundaries And Borders In International Law, Upendra V. Baxi Jan 2016

Some Newly Emergent Geographies Of Injustice: Boundaries And Borders In International Law, Upendra V. Baxi

Indiana Journal of Global Legal Studies

This conversation examines the relationship between the boundaries and borders in international law and the production of geographies of injustice through the lens of the colonial epistemologies, especially of private international law in the face of mass social disasters like the archetypal Bhopal catastrophe. I also address the languages and logics of coloniality and postcoloniality, as states of consciousness and social organization, under the complex and contradictory unity of neoliberalism.

Go to article

To Whom It May Concern: International Human Rights Law And Global Public Goods, Daniel Augenstein Jan 2016

To Whom It May Concern: International Human Rights Law And Global Public Goods, Daniel Augenstein

Indiana Journal of Global Legal Studies

Public goods and human rights are sometimes treated as intimately related, if not interchangeable, strategies to address matters of common global concern. The aim of the present contribution is to disentangle the two notions to shed some critical light on their respective potential to attend to contemporary problems of globalization. I distinguish the standard economic approach to public goods as a supposedly value-neutral technique to coordinate economic activity between states and markets from a political conception of human rights law that empowers individuals to partake in the definition of the public good. On this basis, I contend that framing global …

Go to article

An Innovative Matrix For Dispute Resolution: The Dubai World Tribunal And The Global Insolvency Crisis, Jayanth K. Krishnan, Harold Koster Jan 2016

An Innovative Matrix For Dispute Resolution: The Dubai World Tribunal And The Global Insolvency Crisis, Jayanth K. Krishnan, Harold Koster

Articles by Maurer Faculty

This study examines a legal experiment that occurred during the height of the global financial crisis. As markets from the United States to Europe to the Global South shook, one country – the United Arab Emirates – found itself on the brink of economic collapse. In particular, in 2009 the U.A.E’s Emirate of Dubai was contemplating defaulting on $60 billion of debt it had amassed. Recognizing that such a default would have cataclysmic reverberations across the globe, Dubai’s governmental leaders turned to a small group of foreign lawyers, judges, accountants, and business consultants for assistance. Working in a coordinated fashion, …

Go to article

A Time Of Turmoil, Fred H. Cate, Christopher Kuner, Dan Jerker B. Svantesson, Orla Lynsky, Christopher Millard Jan 2016

A Time Of Turmoil, Fred H. Cate, Christopher Kuner, Dan Jerker B. Svantesson, Orla Lynsky, Christopher Millard

Articles by Maurer Faculty

No abstract provided.

Go to article

International Dealmaking At The White House: Toward A Viable Test Of Allowable Sole Executive Agreements, Joshua Abbuhl Jan 2016

International Dealmaking At The White House: Toward A Viable Test Of Allowable Sole Executive Agreements, Joshua Abbuhl

National Security Law Program

The Constitution's Treaty Clause states that the President "shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur." This clause represents the only instance in which the Constitution describes a process by which the United States can conclude agreements with foreign governments. However, the President regularly enters international agreements on his own authority and without the assent of a supermajority of the Senate. This Note explores when the President may lawfully enter such agreements, known as "sole executive agreements."

Go to article

First Prev Next Last