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International Law Commons

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2020

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Articles 331 - 360 of 842

Full-Text Articles in International Law

Threats To The Rule Of Law In Africa, John Mukum Mbaku Apr 2020

Threats To The Rule Of Law In Africa, John Mukum Mbaku

Georgia Journal of International & Comparative Law

No abstract provided.


Foreword Apr 2020

Foreword

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Table Of Contents Apr 2020

Table Of Contents

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Dedication Apr 2020

Dedication

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Jlia Editorial Board & Staff Apr 2020

Jlia Editorial Board & Staff

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Autonomous Systems And The Meaning Of Humanity, David Danks, Noreen Herzfeld, Amy Pritchett, Matthias Scheutz Apr 2020

Autonomous Systems And The Meaning Of Humanity, David Danks, Noreen Herzfeld, Amy Pritchett, Matthias Scheutz

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Autonomous Systems & Domestic Security, David Atkinson, Douglas Burig, Marc Canellas, Alan Wagner Apr 2020

Autonomous Systems & Domestic Security, David Atkinson, Douglas Burig, Marc Canellas, Alan Wagner

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Autonomous Systems & International Norms, Charles Dunlap, Richard Jordan, Elsa Kania, Michael Klare Apr 2020

Autonomous Systems & International Norms, Charles Dunlap, Richard Jordan, Elsa Kania, Michael Klare

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Autonomous Systems & The Ethics Of Conflict, Micah Clark, Claire Finkelstein, Oren Gross Apr 2020

Autonomous Systems & The Ethics Of Conflict, Micah Clark, Claire Finkelstein, Oren Gross

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Autonomous Systems &Emerging Technology, William Casebeer, Kevin Chan, Brian David Johnson, Patrick Mcdaniel Apr 2020

Autonomous Systems &Emerging Technology, William Casebeer, Kevin Chan, Brian David Johnson, Patrick Mcdaniel

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Lessons From Game Theory About Humanizing Next-Generation Weapons, Richard Jordan Apr 2020

Lessons From Game Theory About Humanizing Next-Generation Weapons, Richard Jordan

Penn State Journal of Law & International Affairs (2012 - Present)

This article draws a parallel between nuclear weapons and the next generation of military technology, autonomous systems. It outlines some legal and ethical dilemmas the latter pose, and in particular aspects of the technology that make it dehumanizing. Autonomous systems share all of these attributes with nuclear weapons. This fact should be encouraging, because the dehumanizing effects of nuclear systems have been overcome. Drawing on the evolution of nuclear strategy and the nuclear taboo, I argue that, in negotiating the legal and ethical dilemmas posed by autonomous weapons systems, the role of international law and of normative entrepreneurs will be …


Facility Security Measures At Ujung Jabung Port: A Review In Terms Of The International Ship And Port Facility Security Code, Mochammad Farisi, Akbar Kurnia Putra, Budi Ardianto, Rahayu Repindowaty Harahap Apr 2020

Facility Security Measures At Ujung Jabung Port: A Review In Terms Of The International Ship And Port Facility Security Code, Mochammad Farisi, Akbar Kurnia Putra, Budi Ardianto, Rahayu Repindowaty Harahap

Indonesian Journal of International Law

Ujung Jabung is a region located in the District of Sadu at Tanjung Jabung Regency, Jambi Province, Indonesia. The area strategically lies in the Indonesian Archipelagic Sea Lane 1 (ALKI 1), which is the international trading and shipping lane. It brings about an excellent opportunity for economic development in Jambi Province. With this in mind, the Government of Jambi develops the region into a strategic area that includes Ujung Jabung Port. Based on the 2011-2031 Region’s Spatial Plan (RTRW) of East Tanjung Jabung Regency, the regency designed it to be the main port with the name of Samudera Ujung Jabung …


Restructuring And Forgiveness In Financial Crises B: The Asian Crisis Of 1997, June Rhee, Andrew Metrick Apr 2020

Restructuring And Forgiveness In Financial Crises B: The Asian Crisis Of 1997, June Rhee, Andrew Metrick

Journal of Financial Crises

Asia’s economy, Thailand in particular, was booming when the financial crises hit in the 1990s. However, troubles were brewing underneath the seemingly buoyant economy. With a fragile financial system and ineffective domestic government responses to these troubles, an exchange rate crisis took over Thailand, and this crisis started a financial contagion in the neighboring countries. This case reviews the background and domestic government responses to contain the crisis, and the international intervention provided by the International Monetary Fund including the assistance and the required reforms accompanying the support.


Restructuring And Forgiveness In Financial Crises A: The Mexican Peso Crisis Of 1994-95, Christian M. Mcnamara, June Rhee, Andrew Metrick Apr 2020

Restructuring And Forgiveness In Financial Crises A: The Mexican Peso Crisis Of 1994-95, Christian M. Mcnamara, June Rhee, Andrew Metrick

Journal of Financial Crises

Following a year in which repeated political turmoil sapped investor confidence in Mexico, putting pressure on the peso and draining the country’s foreign exchange reserves, on December 22, 1994, the Mexican government sparked a financial crisis by unexpectedly abandoning its policy of anchoring the peso to the US dollar and instead allowing it to float freely. The resulting collapse of the peso left Mexico with $40 billion to $50 billion in external debt (much of it dollar-indexed) coming due in the near term and almost no foreign exchange reserves. Faced with the prospect that Mexico would either default on its …


The Constitutional Law Of Equality In Canada, Kathleen E. Mahoney Apr 2020

The Constitutional Law Of Equality In Canada, Kathleen E. Mahoney

Maine Law Review

On April 17, 1982, Canada repatriated its constitution from the Parliament at Westminster, sweeping away one of the final vestiges of its colonial past. At the same time, a Canadian Charter of Rights and Freedoms was constitutionally entrenched, giving the people express constitutional rights for the first time. The equality provisions, in particular, represented a new era in Canadian constitutional law. The intense debate leading up to the entrenchment of the Charter raised profound questions about the basic nature of the country, its values, and its ability and willingness to acknowledge equality for women and other disadvantaged groups. Since the …


The Legal Characterization Of Lethal Autonomous Maritime Systems: Warship, Torpedo, Or Naval Mine?, Hitoshi Nasu, David Letts Apr 2020

The Legal Characterization Of Lethal Autonomous Maritime Systems: Warship, Torpedo, Or Naval Mine?, Hitoshi Nasu, David Letts

International Law Studies

With the rapid advances in autonomous navigation and artificial intelligence technology, naval industries are edging closer to the development of unmanned maritime platforms with lethal autonomous capability—lethal autonomous maritime systems (LAMS). The emergence of LAMS as a sui generis hybrid weapon system will almost certainly generate disagreement on their legal status. Currently, there is no agreement among States as to whether LAMS should legally be characterized as warships or other means of warfare, such as torpedoes and naval mines. This lack of certainty represents a significant deficiency with potential strategic and operational implications if left unresolved. To assist States in …


Reintegration Of Female Rape Survivors: The Overlooked Priority Of Transitional Justice In The Face Of Mass Wartime Rape, Layla Abi-Falah Apr 2020

Reintegration Of Female Rape Survivors: The Overlooked Priority Of Transitional Justice In The Face Of Mass Wartime Rape, Layla Abi-Falah

William & Mary Journal of Race, Gender, and Social Justice

While mass wartime rape has become a core characteristic of modern armed conflict, transitional justice mechanisms have continuously failed to bring about successful achievement of justice, reconciliation, and truth for female survivors. The abuse, exile, and humiliation of large numbers of female rape survivors by their families and communities leaves entire societies destabilized and susceptible to prolonged instability and state failure, thus obstructing attempts by transitional justice mechanisms to usher in long-lasting peace and stability. To achieve more successful post-conflict reconstruction, transitional justice mechanisms situated in the aftermath of wars marked by mass rape must first focus on the reintegration …


Towards A Transnational Critical Race Theory In Education: Proposing Critical Race Third World Approaches To Education Policy, Steven L. Nelson Apr 2020

Towards A Transnational Critical Race Theory In Education: Proposing Critical Race Third World Approaches To Education Policy, Steven L. Nelson

William & Mary Journal of Race, Gender, and Social Justice

Scholars have applied Critical Race Theory in both domestic and international contexts; however, a theory on the transnational role of race and racism in education policy has not emerged. In this Article, I borrow from the tenets of Critical Race Theory (CRT) and Third World Approaches to International Law (TWAIL) to formulate Critical Race Third World Approaches to Education Policy (TWAEPCrit). In constructing this theory, I argue that Black Americans are in practice and lived experience treated as third world citizens, even as they reside in the United States. I prove the third world status of Black peoples in the …


The Convention For The Safeguarding Of The Intangible Cultural Heritage (Csich) And The Control Of Indigenous Culture: A Critical Comment On Power And Indigenous Rights, Jonathan Liljeblad Apr 2020

The Convention For The Safeguarding Of The Intangible Cultural Heritage (Csich) And The Control Of Indigenous Culture: A Critical Comment On Power And Indigenous Rights, Jonathan Liljeblad

William & Mary Journal of Race, Gender, and Social Justice

The Preamble of the 2003 Convention for the Safeguarding of the Intangible Cultural Heritage (CSICH) recognizes the connection between indigenous peoples and intangible cultural heritage. The convention indicates that part of its mission is to protect the intangible cultural heritage of indigenous peoples against the processes of globalization and social transformation. The convention, however, has been critiqued for the manner in which it attempts to manage intangible cultural heritage, with critics charging that the convention fosters a power structure that favors states and thereby threatens to marginalize indigenous peoples from control over their own cultures. Such criticism raises a question …


The African Union-Icc Controversy Before The Icj: A Way Forward To Strengthen International Criminal Justice?, Sascha-Dominick Dov Bachmann, Naa A. Sowatey-Adjei Apr 2020

The African Union-Icc Controversy Before The Icj: A Way Forward To Strengthen International Criminal Justice?, Sascha-Dominick Dov Bachmann, Naa A. Sowatey-Adjei

Washington International Law Journal

The International Criminal Court was set up as a court of last resort to prosecute the most serious crimes under international law when its member states are either unable or unwilling to act. The African Union initially welcomed the court due to the continent’s history of violence and war. However, their soured when the ICC began indicting African heads of state and government officials. Since then, there has been a constant “battle” over whether such defendants could invoke immunity under customary international law. General criticism of the ICC by the African Union and other observers for its lack of focus …


The Basel Convention On The Control Of Transboundary Movements Of Hazardous Wastes And Their Disposal: A Legal Misfit In Global Ship Recycling Jurisprudence, Ishtiaque Ahmed Apr 2020

The Basel Convention On The Control Of Transboundary Movements Of Hazardous Wastes And Their Disposal: A Legal Misfit In Global Ship Recycling Jurisprudence, Ishtiaque Ahmed

Washington International Law Journal

The Basel Convention has tempted developed nations into the practice of exporting hazardous waste into undeveloped nations’ territories simply for money in the name of recycling. Being extremely business unfriendly, particularly for the recycling industry, this convention has not been welcomed by many developing nations, leading to serious policy and legal uncertainty in those jurisdictions. However, in the absence of any dedicated, enforceable international legal instrument, the Basel Convention currently remains the foundation of ship-recycling jurisprudence in the domestic courts of all dominant, ship-recycling states and the rest of the world, and the basis for curbing the movement of end-of-life …


Business Trusts In China: A Reality Check, Lusina Ho Apr 2020

Business Trusts In China: A Reality Check, Lusina Ho

University of Cincinnati Law Review

No abstract provided.


The Rise Of Business Trusts In Sustainable Neo-Innovative Economies, Lee-Ford Tritt, Ryan Scott Teschner Apr 2020

The Rise Of Business Trusts In Sustainable Neo-Innovative Economies, Lee-Ford Tritt, Ryan Scott Teschner

University of Cincinnati Law Review

No abstract provided.


Legal Protection For Illegal Migrant Domestic Workers Under The Asean Regulations And Its Implication For Indonesia, Arini Azka Muthia Apr 2020

Legal Protection For Illegal Migrant Domestic Workers Under The Asean Regulations And Its Implication For Indonesia, Arini Azka Muthia

Indonesian Journal of International Law

Domestic work is an essential source of livelihood for women and men in Southeast Asia and requires legal protection, including for illegal migrant domestic worker. The ASEAN Consensus on Protection and Promotion of the Rights of Migrant Worker 2017 regulates the protection of migrant workers, including illegal migrant workers in the domestic sector. This research discusses the implications of the ASEAN Consensus on the Protection and Promotion of the Rights of Migrant Worker 2017 for the ASEAN member countries, particularly Indonesia. This research applies a juridical-normative approach focusing on the legal materials related to the protection of domestic workers. This …


A Multilateral Regime For Space Resource Exploration And Utilization, Zhao Yun Apr 2020

A Multilateral Regime For Space Resource Exploration And Utilization, Zhao Yun

Indonesian Journal of International Law

The launched of Sputnik marked the beginning of space race. Since then state always tries to develop its technology to conquer outer space, including its natural resources. Outer Space Treaty and Moon Agreement affirm that outer space as the common heritage of mankind. Therefore, any states can not claim sovereignty over the territory nor natural resources. Yet, in 2015 the United States passed the Space Resource Exploration and Utilization Act which authorize its private entities to exploit and entitles them with series of rights, including the right of ownership over space resource. Thus, this paper examines the concept of the …


The International Committee Of The Red Cross: An Evaluation, Halil Rahman Basaran Apr 2020

The International Committee Of The Red Cross: An Evaluation, Halil Rahman Basaran

Indonesian Journal of International Law

The International Committee of the Red Cross (ICRC) is explicitly mentioned in the 1949 Geneva Conventions and the 1977 Additional Protocols thereto. These explicit references to the ICRC entail respect for and recognition of the ICRC as the oldest humanitarian institution. However, this explicitness does not imply, suggest or confirm legal superiority of the ICRC over other humanitarian institutions, nor does it make the ICRC the exclusive humanitarian organization. Humanitarian assistance can be legally and legitimately undertaken by other humanitarian organizations as well. The practical influence of the ICRC is greater than that of any other NGO. Arguably, the survival …


Issues Of International Cooperation Of The Prosecutors’ Office Of The Republic Of Uzbekistan In The Framework Of Interaction With International Organizations, D. Valijonov Apr 2020

Issues Of International Cooperation Of The Prosecutors’ Office Of The Republic Of Uzbekistan In The Framework Of Interaction With International Organizations, D. Valijonov

Review of law sciences

The article focuses on the issues of international cooperation on provision of legal assistance in criminal sphere, such as extradition. Besides that, the article is dedicated to the matters concerning the cooperation of Prosecutor′s Office in terms of fighting against crime with regional international organizations.


Definition Of The Term-The Concept Of «Succession Of States» In Modern International Law, R. Khakimov Apr 2020

Definition Of The Term-The Concept Of «Succession Of States» In Modern International Law, R. Khakimov

Review of law sciences

Author analysis and gives new comprehension of contemporary problems of states- succession in international law, theoretical aspects, elaboration of recommendations to improve legislation in force both on international and national levels etc. In legal sciences of the Republic of Uzbekistan it was the first attempt undertaken to explore the contemporary trends in theory and practices regarding the settlement of modern issues of the succession of states and its application in international law. The example of Uzbekistan was also analyzed.


Formation Of An International Legal Concept Of Access To Justice For Minors, F. Miruktamova Apr 2020

Formation Of An International Legal Concept Of Access To Justice For Minors, F. Miruktamova

Review of law sciences

The article is devoted to topical issues of formation and development of access to justice for minors. The author explains the concept of "access to justice” and analyzes the formation and international legal basis of the concept of access to justice for minors. International standards in the field of juvenile justice are considered. The article presents the philosophical foundations of the concept of restorative justice. Access to justice is defined by the author as the existence of institutional and procedural guarantees that ensure the right of potential participants in the process to receive fair justice..


International Lawyers As Disrupters Of Corruption: Business And Human Rights In Africa’S Most Populous Country—Nigeria, Jayanth K. Krishnan Apr 2020

International Lawyers As Disrupters Of Corruption: Business And Human Rights In Africa’S Most Populous Country—Nigeria, Jayanth K. Krishnan

Northwestern Journal of Human Rights

Be it bribery, embezzlement, or the abuse of public trust, corruption poses a major challenge to global security and democratic governance, along with undermining the rule of law, especially within the Global South. Key to this phenomenon is understanding how lawyers are enabling but also disrupting this epidemic. Unfortunately, the literature on this subject is lacking. This study, therefore, offers a nuanced story of globalization and the complicated role that lawyers play in corruption, by relying on the case study of Nigeria—a crucial Global South market that has the largest population on the African continent. While Nigeria has been able …