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2017

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Articles 661 - 690 of 1360

Full-Text Articles in International Law

Remarks By United States Trade Representative Michael Froman At The Transatlantic Trade And Investment Partnership First Round Opening Plenary Oct 2017

Remarks By United States Trade Representative Michael Froman At The Transatlantic Trade And Investment Partnership First Round Opening Plenary

Law and Business Review of the Americas

No abstract provided.


Front Matter Oct 2017

Front Matter

Law and Business Review of the Americas

No abstract provided.


President Obama's Blueprint For A Clean And Secure Energy Future Oct 2017

President Obama's Blueprint For A Clean And Secure Energy Future

Law and Business Review of the Americas

No abstract provided.


Nafta Updates And American Trade News Highlights For Fall 2012, Sarah Bridges Oct 2017

Nafta Updates And American Trade News Highlights For Fall 2012, Sarah Bridges

Law and Business Review of the Americas

No abstract provided.


Canada Update: Recent Changes To Canada's Immigration Laws; R V/ Prokofiew: Are Fundamental Rights Really Fundamental Rights; Canada V. Glaxosmithkline Inc.: Transfer Pricing Agreements, David Paulson Oct 2017

Canada Update: Recent Changes To Canada's Immigration Laws; R V/ Prokofiew: Are Fundamental Rights Really Fundamental Rights; Canada V. Glaxosmithkline Inc.: Transfer Pricing Agreements, David Paulson

Law and Business Review of the Americas

No abstract provided.


Argentina's Economic Troubles: Debt And The Imf, Fernando Avelar Oct 2017

Argentina's Economic Troubles: Debt And The Imf, Fernando Avelar

Law and Business Review of the Americas

No abstract provided.


Developments In Anti-Corruption Law In Mexico: Ley Federal Anticorrupciones En Contrataciones Publicas, Allie Showalter Robinson Oct 2017

Developments In Anti-Corruption Law In Mexico: Ley Federal Anticorrupciones En Contrataciones Publicas, Allie Showalter Robinson

Law and Business Review of the Americas

No abstract provided.


Electric Vehicles, Energy Efficiency, Taxes, And Public Policy In Brazil, Jose Marcos Domingues, Luiz Artur Pecorelli-Peres Oct 2017

Electric Vehicles, Energy Efficiency, Taxes, And Public Policy In Brazil, Jose Marcos Domingues, Luiz Artur Pecorelli-Peres

Law and Business Review of the Americas

No abstract provided.


Constitutional Challenges Of The Mexican Insolvency Law (Ley De Concursos Mercantiles), Luis Manuel C. Mejan Oct 2017

Constitutional Challenges Of The Mexican Insolvency Law (Ley De Concursos Mercantiles), Luis Manuel C. Mejan

Law and Business Review of the Americas

No abstract provided.


Geo-Political Insignificance, Information Sharing, And Economic Survival: An Unofficial Perspective From Within The Caribbean Region, Christopher Malcolm Oct 2017

Geo-Political Insignificance, Information Sharing, And Economic Survival: An Unofficial Perspective From Within The Caribbean Region, Christopher Malcolm

Law and Business Review of the Americas

No abstract provided.


Speed Bumps, Potholes, And Roadblocks On The North American Superhighway, Robert A. Pastor Oct 2017

Speed Bumps, Potholes, And Roadblocks On The North American Superhighway, Robert A. Pastor

Law and Business Review of the Americas

No abstract provided.


Statement Before The Subcommittee On The Western Hemisphere Of The Committee On Foreign Affairs, Roberta S. Jacobson Oct 2017

Statement Before The Subcommittee On The Western Hemisphere Of The Committee On Foreign Affairs, Roberta S. Jacobson

Law and Business Review of the Americas

No abstract provided.


Front Matter Oct 2017

Front Matter

Law and Business Review of the Americas

No abstract provided.


Boumediene V. Bush: Flashpoint In The Ongoing Struggle To Determine The Rights Of Guantanamo Detainees, Michael J. Anderson Oct 2017

Boumediene V. Bush: Flashpoint In The Ongoing Struggle To Determine The Rights Of Guantanamo Detainees, Michael J. Anderson

Maine Law Review

Following the harrowing events of September 11, 2001, and pursuant to the Authorization for Use of Military Force (AUMF) passed soon thereafter by Congress, the United States Armed Forces began capturing and detaining individuals at the Naval Air Base in Guantanamo Bay, Cuba. The choice of where to house these detainees was not random. Internal memoranda from the Justice Department reveal that the Naval Base was selected as a means of avoiding any legal entanglements that might ensue from such imprisonment. What resulted was what some commentators have called a “legal black hole” at Guantanamo, a place where any individual …


African Lawyers Harness Human Rights To Face Down Global Poverty, Lucie E. White Oct 2017

African Lawyers Harness Human Rights To Face Down Global Poverty, Lucie E. White

Maine Law Review

This is an exciting time in Africa. Yes, of course it is true that the rise of fundamentalist political movements, armed conflict, epidemic diseases, and extreme poverty will challenge the continent for decades to come. I don’t need to tell you that. Yet at the same time, we are witness to what many call an “African Renaissance.” In many domains, including the arts, civil society, social provision, and democratic governance, African nations are beginning to take their place in a newly configured globe. One of these domains of energy, innovation, and hope is a new human rights movement. This movement …


Legal Formalism Meets Policy-Oriented Jurisprudence: A More European Approach To Frame The War On Terror, Julien Cantegreil Oct 2017

Legal Formalism Meets Policy-Oriented Jurisprudence: A More European Approach To Frame The War On Terror, Julien Cantegreil

Maine Law Review

Myres S. McDougal, the leader of the New Haven School of International Law (NHSIL), advanced a comprehensive and iconoclastic conception of international law and its goals, one whose continuing influence is well-known today: a visceral rule-skepticism that even his least fervent disciples would never renounce. McDougal’s conception of international law and its goals is fundamentally different from the normativist view of Hans Kelsen, which has been and continues to be enormously influential throughout continental Europe, particularly in France. In the portion of his 1953 course at The Hague Academy of International Law devoted to Kelsen’s canonical Legal Technique in International …


The Role Of Public Interest Groups In Nation-Building: A Maine Lawyer's Experience In Mongolia, Richard A. Spencer Oct 2017

The Role Of Public Interest Groups In Nation-Building: A Maine Lawyer's Experience In Mongolia, Richard A. Spencer

Maine Law Review

In 2006, I spent three months in Ulaanbaatar, Mongolia working as an environmental lawyer with a small Mongolian human rights group called the Center for Human Rights and Development (CHRD). CHRD was working to stop human trafficking, promote human rights, and protect the environment in the face of extreme poverty, government secrecy, corruption, and a post-Soviet government dominated by former members of the Communist party. During my time assisting the staff at CHRD, I felt I could hear the voice of James Madison echoing through the centuries and across the globe. In The Federalist No. 10, Madison suggested that the …


Volunteer Lawyers And Nation-Building: Using Experience To Serve The World Community, Jean C. Berman Oct 2017

Volunteer Lawyers And Nation-Building: Using Experience To Serve The World Community, Jean C. Berman

Maine Law Review

It is with great pride that I note the participation of four International Senior Lawyers Project (ISLP) volunteers in this Symposium of the Maine Law Review. These highly accomplished lawyers, three of whom are from Maine and one from Canada, demonstrate perfectly the premises on which ISLP was founded: first, that the skills and experience of senior-level lawyers from the United States and elsewhere can be of great value to emerging democracies, social justice activists, and nations struggling to overcome poverty; and second, that there is a burgeoning pool of such lawyers, both retired and in active practice, who are …


The Role Of A Banking System In Nation-Building, John L. Douglas Oct 2017

The Role Of A Banking System In Nation-Building, John L. Douglas

Maine Law Review

It seems strange to have a discussion of nation-building devoted to the importance of a banking system. After all, when we think of nations, we think of constitutions, borders, and functioning governments. When we think of failed nations, we think of a lack of effective government, a loss of control over society, and a breakdown in law and order. Banks hardly figure into that discussion at all. Indeed, in our society, while banks play an important role, they usually reside quietly in the background. Many of us never set foot in a bank. Our paychecks may be deposited in a …


The Importance Of Commercial Law In The Legal Architecture Of Post-Conflict "New" States, Michael J. Stepek Oct 2017

The Importance Of Commercial Law In The Legal Architecture Of Post-Conflict "New" States, Michael J. Stepek

Maine Law Review

In the era of international relations ushered in by the end of the Cold War, nation-building has become all the rage. In a burst of Wilsonian optimism, Western countries have sought to recreate failed states in their own image, fashioning new governmental institutions from the ashes of violent conflict or civil collapse. These projects became possible in a fresh environment of international consensus that has prevailed since the middle of the 1990s. Developing improved legal institutions has been considered a particularly important component of any state-building project and has been a primary focus of almost all such efforts. A new …


Odious Debts And Nation-Building: When The Incubus Departs, Lee C. Buchheit, G. Mitu Gulati Oct 2017

Odious Debts And Nation-Building: When The Incubus Departs, Lee C. Buchheit, G. Mitu Gulati

Maine Law Review

To most people, the notion that the citizens of a country lucky enough to have ousted a dictator should spend the rest of their lives paying off the debts incurred by that dictator in the name of the state is morally repugnant. This is a situation in which a strict requirement of the law (that governments automatically succeed to, and must honor, the debt obligations of their predecessors) is incongruent with most people’s sense of the morally right outcome. At a superficial level, state responsibility for debts incurred by prior governments resembles the belief that a country carries a collective …


The Rise Of Outsourcing In Modern Warfare: Sovereign Power, Private Military Actors, And The Constitutive Process, Winston P. Nagan, Craig Hammer Oct 2017

The Rise Of Outsourcing In Modern Warfare: Sovereign Power, Private Military Actors, And The Constitutive Process, Winston P. Nagan, Craig Hammer

Maine Law Review

Constitutions are continuous outcomes of power relations. The primary function of any constitution is to manage power, a critical feature of which is the prevention of destructive conflict. Warfare—including its facilitation by failure to pursue diplomatic avenues in some circumstances, and its promotion through the development of technological horrors such as nuclear weapons, mini-nukes, and other weapons of mass destruction—is the foremost challenge to the viability of an international constitutional system. The collapse of the League of Nations provided the world with a stark lesson in how aggression and warfare can undo a weak international constitutional regime dedicated to peace …


Refugees And Internally Displaced: A Challenge To Nation-Building, Rebecca M.M. Wallace, Diego Quiroz Oct 2017

Refugees And Internally Displaced: A Challenge To Nation-Building, Rebecca M.M. Wallace, Diego Quiroz

Maine Law Review

Recent statistics published by the United Nations High Commissioner for Refugees (UNHCR) indicate that there are at least 32.9 million people who are “persons of concern to UNHCR.” This growing population includes “refugees, returnees, [and] stateless and internally displaced persons (IDPs).” Furthermore, it is estimated that there are some “[thirty] states in the world . . . that are at some stage or another along the road to possible failure.” These are weak states beset by invasion, civil war, ethnic rivalry and tribal warfare, or struggling in the wake of any of these catastrophes. Given that 2006 saw a fifty-six …


Clash Of The Titans: A Comparative Approach To Reform Of Judicial Accountability In Egypt, Shams Al Din Al Hajjaji Oct 2017

Clash Of The Titans: A Comparative Approach To Reform Of Judicial Accountability In Egypt, Shams Al Din Al Hajjaji

Seattle University Law Review

This Article argues for the reform of judicial accountability rules in Egypt. The lack of a real separation of powers and “checks and balances” between the three powers often leads the judiciary to become a periphery in the executive body, rather than an independent authority that invigilates and monitors any violation of the law. Judges who refuse to comply with executive wishes are often subjected to persecution from the Ministry of Justice and its Judicial Inspection Department, which can reach up to the level of impeachment. The Ministry of Justice uses judicial accountability as a tool of retribution over disobedient …


The Copyright Box Model, Stephen T. Black Oct 2017

The Copyright Box Model, Stephen T. Black

Seattle University Law Review

Intellectual property law is territorial in nature. That is why intellectual property assets have always been favorites among international tax planners. Rapid appreciation, even faster transfer times, and a somewhat vague standard for appraisal and valuation make for an interesting field of play. Transfer the assets to a low tax jurisdiction before the appreciation begins, and you find yourself with a large income stream that is taxed at a low rate. Miss the beat, and you have a large tax hit. For these reasons, many nations have followed the lead of Ireland in providing for so-called “patent box” schemes. These …


Can Self-Defense Serve As An Appropriate Tool Against International Terrorism?, Jan Kittrich Oct 2017

Can Self-Defense Serve As An Appropriate Tool Against International Terrorism?, Jan Kittrich

Maine Law Review

The phenomenon of terrorism represents one of the gravest challenges to international order, peace, and security. The unpredictable nature of terrorist attacks threatens the public safety of each member of the international community. At the same time, member states’ responses to terrorism appear to threaten the homogeneity of modern international law and disrupt the uniform system of legal rules. In some aspects, it also seems to divide the community of international scholars. Simply put, terrorism deviates from the rule of law and so might the responsive action that it necessitates. This is the potential danger that terrorism intentionally aims to …


A Century Of French International Law Scholarship, Emmanuelle Jouannet Oct 2017

A Century Of French International Law Scholarship, Emmanuelle Jouannet

Maine Law Review

In this study of contemporary French scholarship in the field of international law, I aimed to reveal its reality at the dawn of the 21st century, but I quickly discovered that it is difficult to understand the current trends in this area of scholarship without first placing French international legal thought in the broader context of the evolution of international law itself. It seems that the increased stature of international law and its considerable expansion since 1945 are both accepted and problematic. This evolution is not problematic in and of itself; the problem lies in the increased interest it arouses …


Nafta And Its Twenty-Year Effect On Immigration, Natalie Sears Oct 2017

Nafta And Its Twenty-Year Effect On Immigration, Natalie Sears

Law and Business Review of the Americas

No abstract provided.


Transitioning To Sometimes Foods: Chile's New Stop-Light Food Labeling Laws, Tony Godfrey Oct 2017

Transitioning To Sometimes Foods: Chile's New Stop-Light Food Labeling Laws, Tony Godfrey

Law and Business Review of the Americas

No abstract provided.


R. V. Spencer And The Affirmation Of Internet Privacy Rights In Canada, Christopher Cornell Oct 2017

R. V. Spencer And The Affirmation Of Internet Privacy Rights In Canada, Christopher Cornell

Law and Business Review of the Americas

No abstract provided.