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Articles 451 - 480 of 730
Full-Text Articles in International Law
La Agresión Como Punto De Contacto Entre El Derecho Internacional De Los Derechos Humanos Y El Derecho Internacional Humanitario, Luciano Pezzano
La Agresión Como Punto De Contacto Entre El Derecho Internacional De Los Derechos Humanos Y El Derecho Internacional Humanitario, Luciano Pezzano
American University International Law Review
No abstract provided.
Preparing To Commit Domestic Terrorist Activity: Does The United States Have Adequate Tools To Stop This?, Diane Webber
Preparing To Commit Domestic Terrorist Activity: Does The United States Have Adequate Tools To Stop This?, Diane Webber
American University International Law Review
No abstract provided.
Construction Of A Terrorist Under The Material Support Statute, 18 U.S.C. § 2339b, Jordan E. Helton
Construction Of A Terrorist Under The Material Support Statute, 18 U.S.C. § 2339b, Jordan E. Helton
American University Law Review
No abstract provided.
A Half-Century Of Scholarship On The Chinese Intellectual Property System, Peter K. Yu
A Half-Century Of Scholarship On The Chinese Intellectual Property System, Peter K. Yu
American University Law Review
No abstract provided.
Rigging The Rig: The Merits Of American Jurisprudence In Enhancing Jurisdictional Arguments In Nigeria's Oil And Gas Law, Mofe Obadina
Rigging The Rig: The Merits Of American Jurisprudence In Enhancing Jurisdictional Arguments In Nigeria's Oil And Gas Law, Mofe Obadina
American University Business Law Review
No abstract provided.
“Let Them Eat Cake”: Examining United States Retirement Savings Policy Through The Lens Of International Human Rights Principles, Regina T. Jefferson
“Let Them Eat Cake”: Examining United States Retirement Savings Policy Through The Lens Of International Human Rights Principles, Regina T. Jefferson
Scholarly Articles
This article uses an international human rights framework to analyze and critique the effectiveness of the United States' retirement system and its underlying policies. The article challenges the ongoing pension reform debate to include considerations outside traditional economic theory, such as income inequality, the dignity of the elderly, and the irreducible mutuality of people. While a human rights analysis will not yield a precise policy prescription for the retirement savings crisis, it will serve as an additional framework within which the government's economic and social policies regarding the treatment of the elderly can be evaluated, expanding the focus and range …
International Law And The Balfour Decision, Geoffrey R. Watson
International Law And The Balfour Decision, Geoffrey R. Watson
Scholarly Articles
The Balfour Declaration had enormous political significance, but did it have any legal force? Was it legally binding, exposing Britain to legal remedies for its breach, or was it merely an expression of policy that could be disregarded without legal consequences? These questions are of intense interest to legal historians, but they also have contemporary political relevance. The issue is not so much whether Britain might be liable to the Palestinians for failing to safeguard the “civil and religious rights” of non-Jewish residents of Palestine, though that is a theoretical possibility. Instead, the question is whether the Declaration is legally …
When Contractual Good Faith Meets A Controversial M&A Issue: The Sandbagging Practice In International Arbitration, Maxime Panhard
When Contractual Good Faith Meets A Controversial M&A Issue: The Sandbagging Practice In International Arbitration, Maxime Panhard
The International Lawyer
No abstract provided.
Women’S Rights In The Dprk: Discrepancies Between International And Domestic Legal Instruments In Promoting Women’S Rights And The Reality Reflected By North Korean Defectors, Jina Yang
Cornell International Law Journal
It is commendable that the DPRK has ratified the CEDAW and has established legislative measures to protect women from violence and guarantee equal protection. However short of internationally accepted human rights standard the DPRK may fall, such actions show that the DPRK is nonetheless trying to be a responsible member of the international community. However, many findings show that women’s rights are far from reaching the international standards, because of patriarchal traditions that are entrenched to the North Korean society and the national institutions related to women’s rights, which are used to mobilize women to work for the state, rather …
The Circumvention Of Uefa's Financial Fair Play Rules Through The Influx Of Foreign Investments, Patrick J. Sims
The Circumvention Of Uefa's Financial Fair Play Rules Through The Influx Of Foreign Investments, Patrick J. Sims
Northwestern Journal of International Law & Business
European football is undergoing rapid changes spurred on by enormous investments from around the globe. Although regulations exist to curtail teams buying their way to success, foreign investors have become ingenious at circumventing Financial Fair Play rules. The European football governing body needs to reevaluate existing rules and strengthen them by looking to outside examples. This article analyzes the current regulations established by the governing bodies of European football and details how foreign investors are able to circumvent these regulations. Further, this article articulates potential solutions to the current Financial Fair Play rules and how the spirit of the current …
Civil Litigation In Response To Corporate Human Rights Abuses: The European Union And Its Member States, Jonas Grimheden
Civil Litigation In Response To Corporate Human Rights Abuses: The European Union And Its Member States, Jonas Grimheden
Case Western Reserve Journal of International Law
The article assesses the barriers that victims of human rights abuse involving companies face in accessing effective judicial remedies in the European Union.
Atrocities By Corporate Actors: A Historical Perspective, Michael J. Kelly
Atrocities By Corporate Actors: A Historical Perspective, Michael J. Kelly
Case Western Reserve Journal of International Law
The article focuses on developments in international criminal law in addressing corporate human rights violations.
Liberals Vs Romantics: Challenges Of An Emerging Corporate International Criminal Law, Carsten Stahn
Liberals Vs Romantics: Challenges Of An Emerging Corporate International Criminal Law, Carsten Stahn
Case Western Reserve Journal of International Law
Holding bystanders and corporate agents accountable for international crimes is often at the periphery of international criminal justice. Based on its liberal foundations, international criminal law has traditionally been strongly centered on individual agency. In the industrialist cases after World War II, individual criminal responsibility was used to demonstrate and sanction corporate involvement in crime. Ideas of corporate criminal responsibility have been voiced in the post-war era and in the context of the negotiations of the Statute. In recent years, they have witnessed a renaissance in several contexts: the jurisprudence of the Special Tribunal for Lebanon, the Malabo Protocol of …
The Cost Of Territoriality: Jus Cogens Claims Against Corporations, Ursula Tracy Doyle
The Cost Of Territoriality: Jus Cogens Claims Against Corporations, Ursula Tracy Doyle
Case Western Reserve Journal of International Law
The article considers the apparent disjunction between the Court's effective limitation of liability for the U.S. corporation and expansive liability for the natural person for similar crimes. Topics include Jus Cogens claims against corporations; court cases Jesner v. Arab Bank, PLC and Kiobel v. Royal Dutch Petroleum Co. on the same; and Alien Tort Statute on the same.
Comi Comity: International Standardization Of Comi Factors Needed To Avoid Inconsistent Application Within Cross-Border Insolvency Cases, Xenia Kler
American University International Law Review
No abstract provided.
Evaluating The Current World Trading System; Considering Its Future Prospects, Alan Wm Wolff
Evaluating The Current World Trading System; Considering Its Future Prospects, Alan Wm Wolff
American University International Law Review
No abstract provided.
"Salvaging" History: Underwater Cultural Heritage And Commercial Salvage, Ben Juvelier
"Salvaging" History: Underwater Cultural Heritage And Commercial Salvage, Ben Juvelier
American University International Law Review
No abstract provided.
Human Rights In Times Of Crisis: Article 3 Prevails-Examining How Lgbtq Asylum Seekers In The European Union Are Denied Equal Protection Of Law, Michael A. Witschel
Human Rights In Times Of Crisis: Article 3 Prevails-Examining How Lgbtq Asylum Seekers In The European Union Are Denied Equal Protection Of Law, Michael A. Witschel
American University International Law Review
No abstract provided.
The Human Right To Environment In The 21st Century: A Case For Its Recognition And Comments On The Systemic Barrier It Encounters, Luis E. Rodriguez-Rivera
The Human Right To Environment In The 21st Century: A Case For Its Recognition And Comments On The Systemic Barrier It Encounters, Luis E. Rodriguez-Rivera
American University International Law Review
No abstract provided.
Rule Of Law, State Capture, And Human Development In Africa, John Mbaku
Rule Of Law, State Capture, And Human Development In Africa, John Mbaku
American University International Law Review
No abstract provided.
University Of Baltimore Journal Of International Law, Volume 6, Issue 1 (2017-18) Front Matter
University Of Baltimore Journal Of International Law, Volume 6, Issue 1 (2017-18) Front Matter
University of Baltimore Journal of International Law
No abstract provided.
War By Committee: An Examination Of Legislative War Powers, Nicholas Creel
War By Committee: An Examination Of Legislative War Powers, Nicholas Creel
University of Baltimore Journal of International Law
This paper will serve as an examination of the powers and limitations of the United States legislative branch of government in matters of war. In doing this, precedence will be given to specifically enumerated powers granted or withheld by the current Constitution of the United States. Founding documents, such as the Articles of Confederation and early state constitutions will also be examined and contrasted with the current legal regime in an attempt to better understand the true meaning behind the Constitution. International law, as it applies to American war powers, will also be examined when relevant.
The Stateless: Millions Of People Forgotten And Left Without Adequate Immigration Assistance, Where Does The United States Fit Into The Plight Of The Stateless?, Jasmine Pope
University of Baltimore Journal of International Law
What is citizenship? What does it mean to be American, French, Sudanese, Thai, or Bolivian? Is it simply being born in any given country or is it something more than that? These are questions that for many people, they rarely think about on a daily basis, and yet for some, this question plagues every second and every ounce of their being. On a Sunday afternoon in December, thousands of people watch National Football League games. Prior to the start of every game, the National Anthem is sung. Some fans sing along, some fans stand in silence, some players pray, and …
Impacts Of The Circumspection Of Women’S Rights Abroad On International Adoption, Jennifer Bowman
Impacts Of The Circumspection Of Women’S Rights Abroad On International Adoption, Jennifer Bowman
University of Baltimore Journal of International Law
International adoption has been lauded and derided by the public since its initial surge into popularity following the Second World War. While international adoptions are regulated by numerous legal instruments (international and domestic), problems of gender discrimination, exploitation, and human trafficking are widespread and systemic. This article examines the impacts of the circumspection of women’s rights generally and women’s reproductive rights on international adoption. Ultimately this article argues that foreign policy initiatives promoting women’s reproductive freedoms economic empowerment would mitigate the problematic features of international adoption and they would be an important step toward reducing adoption rates generally. This article …
Let’S Have Soufflé Instead: Selective Reform Of The Investor-State Dispute Settlement Regime, Esther-Jane Grenness
Let’S Have Soufflé Instead: Selective Reform Of The Investor-State Dispute Settlement Regime, Esther-Jane Grenness
University of Baltimore Journal of International Law
A network of agreements comprising the investment treaty law regime cover international investments. It is a system rife with abuses made possible by loopholes and an inconsistent body of law. The system is in a legitimacy crisis and many seek to dismantle it entirely. Numerous alternatives and improvements have been proffered but few impactful steps have been taken to mitigate the problems within it. This comment advocates for an incremental approach that keeps the parts of the system that work while removing aspects that enable the most egregious abuses.
In The Face Of Brexit, The United Kingdom Has No Choice But To Provide Data Protection For Individuals, Organizations And Law Enforcement Agencies By Updating Their Legal Framework, Which Is Based Upon A 20-Year-Old Act., Logan Hayes
University of Baltimore Journal of International Law
The United Kingdom currently relies upon the Data Protection Act of 1998 (DPA 1998) to set the legal framework for the protection of data. That act is nearly 20-years-old and should be updated to echo the way in which data is now used and generated in an ever-evolving digital world. Due to Brexit, there is a need to protect data through stronger laws governing data protection that will also set up appropriate safeguards. The Data Protection Bill, introduced to the House of Lords on September 13, 2017 has the potential to do just that. Not only does this Bill have …
Citizenship, Welfare, And National Sovereignty In Modern Europe, Evan G. Hebert
Citizenship, Welfare, And National Sovereignty In Modern Europe, Evan G. Hebert
University of Baltimore Journal of International Law
No abstract provided.
Volume 50, Cwru Journal Of International Law
Volume 50, Cwru Journal Of International Law
Case Western Reserve Journal of International Law
No abstract provided.
"Living Together" Or Living Apart From Religious Freedoms? The European Court Of Human Right's Concept Of "Living Together" And Its Impact On Religious Freedom, Shelby Wade
Case Western Reserve Journal of International Law
In the 2014 monumental court decision S.A.S. v. France, the European Court of Human Rights ruled that the French law banning both burqas and niqabs in public spaces was justified. The Court based this justification on the concept of "living together," stating this newly-created concept allowed limitations on certain rights, such as the freedom of religion. With this decision, the Court vacated precedent which used a balancing test to weigh exceptions, such as national security in very narrow situations, against the limitations on individual freedoms. The new "living together" test is extremely farfetched, vague, and controversial. This Note discusses the …
Corporate Engagement With Public Policy: The New Frontier Of Ethical Business, Caroline Kaeb
Corporate Engagement With Public Policy: The New Frontier Of Ethical Business, Caroline Kaeb
Case Western Reserve Journal of International Law
The article explains that a normative framework for corporate engagement with public policy is required as part of the evolving corporate responsibility paradigm.