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Articles 421 - 450 of 678
Full-Text Articles in International Law
Broken Promises: The Hollow Dreams Of Human Trafficking, Philip H. Pierre
Broken Promises: The Hollow Dreams Of Human Trafficking, Philip H. Pierre
Buffalo Public Interest Law Journal
No abstract provided.
The New Singapore Mediation Convention: The Process And Key Choices, Harold Abramson
The New Singapore Mediation Convention: The Process And Key Choices, Harold Abramson
Scholarly Works
No abstract provided.
Conference Report: Handling Allegations Of Corruption In Arbitration And Judicial Dispute Settlement, Adam Briscoe, Björn Arp
Conference Report: Handling Allegations Of Corruption In Arbitration And Judicial Dispute Settlement, Adam Briscoe, Björn Arp
Arbitration Brief
No abstract provided.
Arbitrators' Authority: Scope And Limitations, Horacio A. Grigera Naón
Arbitrators' Authority: Scope And Limitations, Horacio A. Grigera Naón
Arbitration Brief
No abstract provided.
Rethinking The Length Of Patent Terms, Simon Lester, Huan Zhu
Rethinking The Length Of Patent Terms, Simon Lester, Huan Zhu
American University International Law Review
No abstract provided.
The Decline Of Online Piracy: How Markets - Not Enforcement - Drive Down Copyright Infringement, João Pedro Quintais, Joost Poort
The Decline Of Online Piracy: How Markets - Not Enforcement - Drive Down Copyright Infringement, João Pedro Quintais, Joost Poort
American University International Law Review
No abstract provided.
Artificially Intelligent And Free To Monopolize: A New Threat To Competitive Markets Around The World, Kaylynn Noethlich
Artificially Intelligent And Free To Monopolize: A New Threat To Competitive Markets Around The World, Kaylynn Noethlich
American University International Law Review
No abstract provided.
Sexual Exploitation And Abuse In Conflict: An International Crime?, Clare Brown
Sexual Exploitation And Abuse In Conflict: An International Crime?, Clare Brown
American University International Law Review
No abstract provided.
Africa Can Drum Up Large Infrastructure Deals With Food, Dunia P. Zongwe
Africa Can Drum Up Large Infrastructure Deals With Food, Dunia P. Zongwe
American University International Law Review
No abstract provided.
Patent Abolition: A Real-Life Historical Case Study, Stef Van Gompel
Patent Abolition: A Real-Life Historical Case Study, Stef Van Gompel
American University International Law Review
No abstract provided.
Bridging The Enforcement Gap? Evaluating The Inquiry Procedure Of The Cedaw Optional Protocol, Catherine O'Rourke
Bridging The Enforcement Gap? Evaluating The Inquiry Procedure Of The Cedaw Optional Protocol, Catherine O'Rourke
American University Journal of Gender, Social Policy & the Law
Considerable optimism accompanied the adoption of the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) Optional Protocol. However, one of the Optional Protocol’s two enforcement measures, the inquiry procedure, appeared to languish for fourteen years and has, to date, resulted in only four inquiry reports. The article evaluates the inquiry procedure, finding largely unmet expectations in addressing CEDAW’s structural weaknesses, countering the privileging of civil and political rights, and redressing state noncompliance with CEDAW, but significant potential nonetheless. The findings of this Article vindicate the enduring salience of foundational feminist critiques of human rights. The Conclusion …
Lunch Address: The United States' Role In International Human Rights Under The Trump Admininstration, Elisa Massimino
Lunch Address: The United States' Role In International Human Rights Under The Trump Admininstration, Elisa Massimino
Case Western Reserve Journal of International Law
Elisa Massimino presents an adaptation of her speech, which focuses on role of the U.S. in the international human rights. Specific topics included praise of dictoators, withdrawal from the Human Rights Council, the need to fight to preserve and restore democracy and rule of law and the Trump Adminsitration's blocking of Muslim refugees.
The Trump Administration And Immigration Judges: Decreased Judicial Independence Or Increased Efficiency?, Aleksandar Cuic
The Trump Administration And Immigration Judges: Decreased Judicial Independence Or Increased Efficiency?, Aleksandar Cuic
Case Western Reserve Journal of International Law
Through the Attorney General, the Trump administration has changed asylum and immigration policies in several ways. In 2018, former-Attorney General Sessions used his referral power to overturn an immigration court's determination that victims of domestic violence are eligible for asylum as members of a "particular social group. " In the same year, the Attorney General issued a decision that prohibits immigration judges from administratively closing cases. Lastly, then-acting Attorney General Whitaker certified a case that raised a question as to whether membership in a family is a "particular social group" under asylum law. This article explores a question raised by …
When The Icc Comes Knocking, The United States Should Welcome It With Open Arms, Brittney A. Dimond
When The Icc Comes Knocking, The United States Should Welcome It With Open Arms, Brittney A. Dimond
Washington International Law Journal
The Office of the Prosecutor of the International Criminal Court requested approval to open a formal investigation into war crimes and crimes against humanity allegedly committed in Afghanistan since May 2003. If the investigation is approved, the United States will have significant implications not only for relations going forward between the United States and the ICC, but also for the international communities' understanding of the Court's jurisdiction.Three of the United States' likely response options based on its past and current relationshipo with the ICC include: (1) declining to cooperate with the ICC based on a denial of jurisdiction due to …
Recasting Intellectual Property In Light Of The U.N. Sustainable Development Goals: Toward Global Knowledge Governance, Margaret Chon
Recasting Intellectual Property In Light Of The U.N. Sustainable Development Goals: Toward Global Knowledge Governance, Margaret Chon
American University International Law Review
No abstract provided.
University Of Baltimore Journal Of International Law, Volume 6, Issue 2 (2018-19) Front Matter
University Of Baltimore Journal Of International Law, Volume 6, Issue 2 (2018-19) Front Matter
University of Baltimore Journal of International Law
No abstract provided.
Extraterritoriality And The Regulatory Power Of The United States: Featured Issues Of Sovereignty, Legitimacy, Accountability, And Democracy, Alina Veneziano
Extraterritoriality And The Regulatory Power Of The United States: Featured Issues Of Sovereignty, Legitimacy, Accountability, And Democracy, Alina Veneziano
University of Baltimore Journal of International Law
Extraterritoriality is a negative form of transnationalism. It creates a paradox among state regulatory power because extraterritoriality can both govern the conduct of the state and also constrain the state in reacting to future transnational changes. In governing the state, extraterritoriality provides the state with the power to impose standards to control the activities within its borders. On the other hand, extraterritorialty constrains the state by hindering multi-state progression towards more efficient transnational developments. States have traditionally captured their autonomy in sovereignty, but extraterritorialty challenges this notion. This was an inevitable result, as extraterritoriality became a natural consequence that resulted …
The Enforcement Of Punitive Damages Awards Between United States And Europe: An Introduction For U.S. Practitioners
The International Lawyer
This article’s objective is to introduce U.S.-based practitioners to European civil-law perspectives on whether U.S. punitive damages awards are enforceable in their jurisdictions. After a brief review concerning the birth of punitive damages within common law, valuable to better understand their cultural and legal significance, this article will outline how the prominent European jurisdictions — France, Germany, Italy, Spain, and Switzerland — have dealt with the enforcement of U.S. punitive damages awards. Through each jurisdiction’s policy principles and relevant law, this article aims to afford U.S.-based practitioners initial tips and litigation strategies about how to maximize their chances of enforcing …
Commission V. Belgium: Belgium's Tax Law Prevents Free Movement Of Capital, John Gramlich
Commission V. Belgium: Belgium's Tax Law Prevents Free Movement Of Capital, John Gramlich
The International Lawyer
No abstract provided.
Intersexuales En Estado De Excepción: Violencias Contra Las Corporeidades Diversas, Olga Lucia Camacho
Intersexuales En Estado De Excepción: Violencias Contra Las Corporeidades Diversas, Olga Lucia Camacho
American University International Law Review
No abstract provided.
Five Unanswered Questions From Trump V. Hawaii, Josh Blackman
Five Unanswered Questions From Trump V. Hawaii, Josh Blackman
Case Western Reserve Journal of International Law
This article addresses five topics left unanswered by the majority opinion in Trump v. Hawaii, which upheld President Trump's travel ban in its entirety. What will happen on remand with respect to discovery? How should lower courts treat "this President, " as opposed to "the President "? How does the Constitution apply to aliens who are not seeking entry into the United States but have already crossed the border? What is the scope of the president's Article II power to exclude aliens? And, what is the permissible scope of a nationwide injunction?
Non-Appropriation, No Problem: The Outer Space Treaty Is Ready For Asteroid Mining, John G. Wrench
Non-Appropriation, No Problem: The Outer Space Treaty Is Ready For Asteroid Mining, John G. Wrench
Case Western Reserve Journal of International Law
Has technology outrun the international law governing outer space? This dilemma presents itself as private entities become capable of space travel and new technology makes asteroid mining a reality. Although the Outer Space Treaty's "non-appropriation" principle prohibits nations from claiming sovereignty over space bodies, that restriction does not prevent resource extraction. The non-appropriation principle, interpreted alongside existing legal regimes, distinguishes between forbidden appropriation and permissible extraction. Consequently, the non-appropriation principle is most accurately viewed as a flexible premise from which the international community is free to fashion unique laws governing resource extraction in outer space.
Regulatory Cooperation And The Trump Administration, David Zaring
Regulatory Cooperation And The Trump Administration, David Zaring
Case Western Reserve Journal of International Law
regulatory cooperation, regulatory harmonization, administrative law
Responding To Chemical Weapons Use In Syria, Michael P. Scharf
Responding To Chemical Weapons Use In Syria, Michael P. Scharf
Case Western Reserve Journal of International Law
The article examines whether the April 2018 airstrikes against Syria may have constituted a tipping point in the evolving customary international law of humanitarian intervention in order to prevent the use of chemical weapons in Syria. Specifically, the back-and-forth movement of international law towards recognizing a limited right of humanitarian intervention, as well as the connection between customary international law and unilateral humanitarian intervention.
Mens Rea Reform As A Demand-Side Solution To The Problem Of Sex Trafficking, Daniel Michael Criswell
Mens Rea Reform As A Demand-Side Solution To The Problem Of Sex Trafficking, Daniel Michael Criswell
Case Western Reserve Journal of International Law
Trafficking in persons has existed around the world for many years, yet the United States has only begun to take this modem form of slavery seriously in the last two decades. The nature of sex trafficking has caused confusion for the United States and others around the globe regarding how to best deal with the commercial sex industry. The failure to reduce the commercial sex industry through traditional means of prosecuting the traffickers and their victims has motivated Sweden, and consequently the United States, to pursue a different strategy: reducing the demand through the prosecution of the buyers of commercial …
Front Matter, Volume 51
Front Matter, Volume 51
Case Western Reserve Journal of International Law
No abstract provided.
Use Of Force In Humanitarian Crises: Addressing The Limitations Of U.N. Security Council Authorization, Paul R. Williams
Use Of Force In Humanitarian Crises: Addressing The Limitations Of U.N. Security Council Authorization, Paul R. Williams
Case Western Reserve Journal of International Law
The article focuses on the use of force in humanitarian crises and mass atrocity crimes and limitation of the United Nations (UN) Security Council. It mentions need for a framework for non-UN authorized military force in the name of humanitarian intervention.
Lisbon's Legacy: Increased Democratic Accountability And Centralized Governance In Eu International Investment Policy, Julia Johnson
Lisbon's Legacy: Increased Democratic Accountability And Centralized Governance In Eu International Investment Policy, Julia Johnson
The International Lawyer
No abstract provided.
Looking Back And Thinking Forward: The Current Round Of Civil Law Codification In China
Looking Back And Thinking Forward: The Current Round Of Civil Law Codification In China
The International Lawyer
No abstract provided.