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International Law Commons

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2019

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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 Jan 2019

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 Jan 2019

The New Singapore Mediation Convention: The Process And Key Choices, Harold Abramson

Scholarly Works

No abstract provided.


Letter From The Editor Jan 2019

Letter From The Editor

Arbitration Brief

No abstract provided.


Conference Report: Handling Allegations Of Corruption In Arbitration And Judicial Dispute Settlement, Adam Briscoe, Björn Arp Jan 2019

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 Jan 2019

Arbitrators' Authority: Scope And Limitations, Horacio A. Grigera Naón

Arbitration Brief

No abstract provided.


Rethinking The Length Of Patent Terms, Simon Lester, Huan Zhu Jan 2019

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 Jan 2019

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 Jan 2019

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 Jan 2019

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 Jan 2019

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 Jan 2019

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 Jan 2019

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 Jan 2019

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 Jan 2019

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 Jan 2019

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 Jan 2019

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 Jan 2019

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 Jan 2019

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 Jan 2019

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 Jan 2019

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 Jan 2019

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 Jan 2019

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 Jan 2019

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 Jan 2019

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 Jan 2019

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 Jan 2019

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 Jan 2019

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 Jan 2019

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 Jan 2019

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 Jan 2019

Looking Back And Thinking Forward: The Current Round Of Civil Law Codification In China

The International Lawyer

No abstract provided.