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International Law Commons

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2018

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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 Jan 2018

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 Jan 2018

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 Jan 2018

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 Jan 2018

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 Jan 2018

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 Jan 2018

“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 Jan 2018

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 Jan 2018

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 Jan 2018

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 Jan 2018

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 Jan 2018

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 Jan 2018

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 Jan 2018

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 Jan 2018

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 Jan 2018

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 Jan 2018

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 Jan 2018

"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 Jan 2018

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 Jan 2018

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 Jan 2018

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 Jan 2018

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 Jan 2018

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 Jan 2018

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 Jan 2018

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 Jan 2018

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 Jan 2018

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 Jan 2018

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 Jan 2018

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 Jan 2018

"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 Jan 2018

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.