International Law Commons^™

Reflections On The Report Of The Un Secretary General’S High Level Panel On Access To Medicines, Frederick M. Abbott

Scholarly Publications

No abstract provided.

International Commercial Banking: 2016-17, Benjamin Geva

Osgoode Course Casebooks

Course Number 6874

Reliability Of Expert Evidence In International Disputes, Matthew W. Swinehart

Michigan Journal of International Law

Part I of this article traces the historical trends in the use of expert evidence in international disputes, from the scattered reliance on experts in the nineteenth and early twentieth centuries to the ubiquity of experts in modern disputes. With that perspective, Part II examines how decision makers have attempted to ensure reliability of the expert evidence that is flooding the evidentiary records of international disputes, while Part III outlines the many problems that still remain. Finally, Part IV proposes a non-exhaustive and nonbinding checklist of questions for analyzing the reliability of any type of expert evidence.

The Defend Trade Secrets Act: Why Interpreting The New Law On Its Own Terms Promotes Uniformity, Patrick Ruelle

Marquette Intellectual Property Law Review

Trade secrets, a category of intellectual property recognized at state and federal law, are integral parts of many corporations’ intellectual property portfolios. A trade secret is a type of intellectual property that is not disclosed by its owner, and is therefore unlike patents, trademarks, or copyrights—all types of information that are disclosed to the public. As a result, trade secrets may represent a viable alternative to patents and copyrights since its value is derived from its secrecy.

In the United States, the laws governing trade secrets have typically been the offspring of the state common law. As each state developed …

Humanizing Intellectual Property: Moving Beyond The Natural Rights Property Focus, J. Janewa Oseitutu

Faculty Publications

This Article compares the natural rights property framework with the human rights framework for intellectual property. These two frameworks share a common theoretical basis in the natural rights tradition, but they appear to lead to conflicting outcomes. Proponents of natural rights to intellectual property tend to support more expansive intellectual property protections. Advocates of a human rights approach to intellectual property contend, however, that human rights will have a moderating influence on intellectual property law. This Article is among the first scholarly works to explore the apparent conflict between these two important frameworks for intellectual property. It concludes that a …

Prioritising Human Development In African Intellectual Property Law, J. Janewa Oseitutu

Faculty Publications

The global intellectual property structure has been criticised for requiring developing nations to adopt intellectual property standards that are appropriate for industrialised countries. Some commentators have observed that industrialised nations, such as the United States, developed their economies by borrowing from others, but that through the use of globalised intellectual property standards, they have effectively limited other nations from doing the same. This article does not aim to revisit the question of the suitability of the existing intellectual property standards for developing countries. Nor does it seek to analyse whether, as a general proposition, intellectual property rights should be expanded …

Beyond A Flawed Trial: Icc Failures To Ensure International Standards Of Fairness In The Trials Of Former Libyan Regime Members, Mark S. Ellis

American University International Law Review

No abstract provided.

Foreword: The Art Of International Law, Michael P. Scharf, Katie Steiner

Faculty Publications

September 16, 2016, Case Western Reserve University School of Law’s Frederick K. Cox International Law Center, in conjunction with the celebration of the Cleveland Museum of Art’s centennial anniversary, convened a day-long conference with leading scholars and practitioners from around the world to explore topics at the intersection of art and international law.

Trademark Use Doctrine In The European Union And Japan, Martin Husovec

Marquette Intellectual Property Law Review

None

A Cure For Twitch: Compulsory License Promoting Video Game Live-Streaming, Yang Qiu

Marquette Intellectual Property Law Review

New technology always bring challenges to Chinese legislation. In recent years, based on technological development of network transmission, video game streaming platforms like “Twitch.tv” have made “big” money. The problem, however, is that the streaming content on those platforms involve copyrightable video games, which infringe game publishers’ copyright, if the streaming platform lacks authorization. And only a few of the streaming platforms and streamers have licenses from game publishers. Nowadays, most game publishers allow streaming to exist because they view the streaming as free advertisement for their games. By making these allowances, the game publishers stay in their fans’ good …

The Abiding Problem Of Witness Statements In International Criminal Trials, Megan A. Fairlie

Faculty Publications

Recent amendments to the Rules of Procedure and Evidence for the International Criminal Court (“ICC”) give Trial Chambers the discretion to admit unexamined, party-generated witness statements in lieu of live testimony. The use of this evidence—which undermines the right of confrontation and prevents the judges from independently assessing witness credibility—is now a hotly contested issue in each of the Court’s ongoing trials. As ICC judges grapple with the thorny question of how to implement these new provisions without undermining the right to a fair trial, this Article, which is the first to examine the rule amendments and their early implementation, …

Economic Coercion And The Limits Of Sovereignty: Cuba’S Embargo Claims Against The United States, Jose Gabilondo

Faculty Publications

While scholars and journalists have written exhaustively about the property claims against Cuba certified by the U.S. Foreign Claims Settlement Commission, little attention has been paid to Cuba’s public international law claim against the United States for embargo losses caused by its unilateral sanctions. As a result of the normalization process between the two countries that began in 2014, resolving both the property claims and the embargo claim has become a diplomatic priority. While conceding the doctrinal limitations under existing authorities, this paper critically evaluates Cuba’s claim and presents strong legal support for it.

Public international law provides no exact …

Abductive Reasoning In Wto Law, Chios Carmody

Law Publications

Law is about many things, but at base it is about rights and obligations. That jural correlation is established and sustained by means of reasoning. We hold that an actor has a right or obligation by virtue of reasoning that classically occurs in one of two forms. An obligation creates a right by means of inductive logic that rests on the conviction of similar instances in the past and the need for proof. It can also create an obligation by means of deductive logic, that is, the process of reasoning from one or more statements (premises) that are used to …

Democracy Clauses In The Americas: The Challenges Of Venezuela's Withdrawal From The Oas, Antonio F. Perez

American University International Law Review

No abstract provided.

The Second African National Space Law: The Nigerian Nasrda Act And The Draft Regulations On Licensing And Supervision, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The number of countries with more or less comprehensive national space legislation addressing in particular the authorization and supervision of private space activities continues to grow, and several more countries are currently in the process of adding themselves to that list. One of the more recent and most interesting ones among them is Nigeria, as the second African country after South Africa and—after Brazil—the second leading spacefaring nation from the developing world, to draft, further to a fairly recently established succinct framework law, a set of regulations addressing precisely those issues.

The paper briefly recaps the underlying international obligations, in …

“Everything Is At Stake If Norway Is Sentenced. In That Case, We Have Failed”: Solitary Confinement And The “Hard” Cases In The United States And Norway, Laura L. Rovner

Sturm College of Law: Faculty Scholarship

While the harms caused by solitary confinement and its overuse in American prisons have gained increased recognition over the last decade, most states and the federal government maintain that extensive solitary confinement is both necessary and appropriate for those people deemed “the worst of the worst.” As a result, many of those who have been so labeled have languished in solitary confinement for years or even decades. With limited exceptions, they are there with the blessing of the federal courts, which have generally held that even very lengthy periods of solitary confinement do not violate the Eighth Amendment’s Cruel and …

Shooting Stars And Dancing Fish: A Walk To The World We Want, Tony Oposa

Environmental Law Program Publications @ Haub Law

From the foreword by Durwood Zaelke, President, Institute for Governance & Sustainable Development, Washington, DC.

“Since the beginning of time, human knowledge and culture have been passed down through stories. Short stories, songs, prayers, poems, even paintings can stick in your mind forever. These have always been the most powerful ways we learn and remember.

Tony is not only one of the world’s greatest lawyers, he is also one of the world’s greatest storytellers.

This book, in which he generously shares his experiences, his scars, and most importantly his humanity, is Tony’s gift to generations to come.

But he does …

The Future Of Transnational Self-Regulation – Enforcement And Compliance In Professional Services, Panagiotis Delimatsis

UC Law SF International Law Review

The increased expansion of economic activity beyond national borders leads to a shift of regulatory power. Public authorities concede power, explicitly or tacitly, to private bodies, whereas the multilayered ecology of global governance inevitably increases the role of transnational institutional structures. This article examines such developments in the area of professional services. It starts by analyzing the self -regulation phenomenon in professional services and points to examples where professional associations accentuate their unique nature t o justify the importance of nonintervention in their internal affairs. Powerful professional associations have been thereby created, which, depending on the services subsector (e.g., legal, …

Schedding Light On Eu Financial Regulators: A Sociological And Physchological Perspective, Giuliano G. Castellano, Geneviève Helleringer

UC Law SF International Law Review

In the aftermath of the 2007-2009 Global Financial Crisis, financial regulation in the European Union, following an international trend, underwent a process of intensive legal reforms that led to the revision of the legal premises underpinning the EU architectural framework for financial regulation and supervision. The EU has attempted to design a better equipped supranational apparatus for the governance of financial markets and crises. This effort accompanies a more general questioning of the role of law in the financial sector. The interaction between financial entities and legal rules has been reexamined and novel theories have focused on the idea that …

Challenges And Opportunities Of The China-Gulf Cooperation Council Free Trade Agreement, Gonzalo Villalta Puig, Alice Tung Ho Yee

UC Law SF International Law Review

The free trade agreement between China and the Gulf Cooperation Council (“GCC”) currently under negotiation is due to become China’s first comprehensive trade and investment agreement with a supranational customs union. The article explores the challenges and opportunities of the proposed China-GCC Free Trade Agreement. It proposes tailor-made recommendations according to the specific interests of both parties

Background Checks And Employment Discrimination: Distant Parallels Between U.S. And Eu Privacy Regimes, Eugene Frid

UC Law SF International Law Review

In 2012, Halstead Management Company offered Kevin A. Jones a job as a doorman in New York City. After the company requested a criminal background check on Mr. Jones, his offer was rescinded. Although Mr. Jones had no criminal record, Sterling Infosystems, the large company tasked with doing the background check, mixed up his information with the information of Kevin M. Jones, a different man with at least three criminal convictions.

All For The Kids: A Case For Ratification Of The U.N. Convention On The Rights Of The Child, Jessica L. Hirte

Departmental Honors Projects

The United Nations Convention on the Rights of the Child (CRC) is the most rapidly signed and ratified human rights instrument in UN history, yet the United States is the only UN member not to ratify the CRC. However, if the United States wants to maintain its status as a global human rights leader, ratifying the CRC would be a step in the right direction.

There are several arguments against U.S. ratification, such as a concern that the CRC could undermine parental authority, more specific concerns relating to issues such as children’s education and access to abortion, and a concern …

Alternation Denied: Africa's Presidential 30+ Club, Tom Syring

ILSA Journal of International & Comparative Law

Africa is changing rapidly and Sub-Saharan Africa in particular represents the region with the fastest growing population in the world, abounding with young people yearning for opportunities and change.

Ilsa Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.

Ilsa Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.

El Convenio Fundamental No. 87 De La Organizacion Internacional Del Trabajo-Libertad Sindical En Brasil Y Los Estados Unidos, Jane K. Aparecido

ILSA Journal of International & Comparative Law

Esta pieza se trata de cómo dos países económica y socialmente distintos interpretan y tratan con los convenios de la Organización Internacional del Trabajo (OIT) en sus respectivos sistemas legales. el Convenio No. 87, la cual trata sobre la libertad sindical y la protección del derecho de sindicación, servirá como la base para esta discusión y la comparación necesaria.

Public Trials And Trial Broadcasting As Combating Tools For Judicial Corruption In Afghanistan, Hijratullah Ekhtyar

ILSA Journal of International & Comparative Law

No abstract provided.

An Overview Of Justice In The Former Yugoslavia And Reflections For Accountability In Syria, Professor Jennifer Trahan

ILSA Journal of International & Comparative Law

This article provides an overview of justice for crimes perpetrated in the former Yugoslavia during the wars in the 1990s.

From Suppression To Secession: Kurds, Human Rights And The Right To Self-Determination In Turkey, Rez Gardi

ILSA Journal of International & Comparative Law

No abstract provided.

Secularismo Extremo Vs. Radicalismo Religioso: El Caso Del Burkini Frances, Mohamed Abdelaal

ILSA Journal of International & Comparative Law

La teoría francesa de Laicidad, ó secularismo asertivo, rápidamente ha llegado a ser una parte importante del legado constitucional francés, un legado el cual ha logrado demostrar lo que se había de esperar: conflictos entre el derecho a la autodeterminación, la cultura local, la libertad religiosa, y el interés del estado en reprimir el radicalismo y el extremismo