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Articles 11281 - 11310 of 32265
Full-Text Articles in International Law
Let Them Eat Carbon: The End Of The Kyoto Protocol, Aiten J. Musaeva Mcpherson
Let Them Eat Carbon: The End Of The Kyoto Protocol, Aiten J. Musaeva Mcpherson
Georgia Journal of International & Comparative Law
No abstract provided.
Theories Of State Compliance With International Law: Assessing The African Union's Ability To Ensure State Compliance With The African Charter And Constitutive Act, Stacy-Ann Elvy
Georgia Journal of International & Comparative Law
No abstract provided.
The Superior Orders Defense: A Principal-Agent Analysis, Bohrer Ziv
The Superior Orders Defense: A Principal-Agent Analysis, Bohrer Ziv
Georgia Journal of International & Comparative Law
No abstract provided.
On The Link Between Conflict, Underdevelopment And The Pursuit Of Basic Needs Satisfaction: A Survey Of Haitian Construction Workers In The Dominican Republic, Joseph W. Alliance
On The Link Between Conflict, Underdevelopment And The Pursuit Of Basic Needs Satisfaction: A Survey Of Haitian Construction Workers In The Dominican Republic, Joseph W. Alliance
Capstone Collection
The purpose of this study was to explore how conflict and underdevelopment impact Haitian construction workers’ experiences and their basic human needs situation in the Dominican Republic. The Basic Human Needs Theory served as the main theoretical background to approach the topic. Qualitative data were gathered by employing a self- administered, one-time survey and conducting semi-structured interviews with 25 Haitian construction workers in sites located in the Distrito Nacional in the capital city, Santo Domingo and the Consuelo municipality in San Pedro de Macoris. Absence of work in Haiti for the very poor, systematic lack of access to social security, …
Proposal For An International Criminal Court Arrest Procedures Protocol, David Scheffer
Proposal For An International Criminal Court Arrest Procedures Protocol, David Scheffer
Northwestern Journal of Human Rights
No abstract provided.
Intermediary Trademark Liability: A Comparative Lens, Stacey Dogan
Intermediary Trademark Liability: A Comparative Lens, Stacey Dogan
Shorter Faculty Works
Although we live in a global, interconnected world, legal scholarship – even scholarship about the Internet – often focuses on domestic law with little more than a nod to developments in other jurisdictions. That’s not necessarily a bad thing; after all, theoretically robust or historically thorough works can rarely achieve their goals while surveying the landscape across multiple countries with disparate traditions and laws. But as a student of U.S. law, I appreciate articles that explain how other legal systems are addressing issues that perplex or divide our scholars and courts. Given the tumult over intermediary liability in recent years, …
Singapore: A 'Fine' City: British Colonial Sentencing Policies And Its Lasting Effects On The Singaporean Corporal State, George Baylon Radics Ph.D., J.D.
Singapore: A 'Fine' City: British Colonial Sentencing Policies And Its Lasting Effects On The Singaporean Corporal State, George Baylon Radics Ph.D., J.D.
Santa Clara Journal of International Law
No abstract provided.
Common Capital: A Thought Experiment In Cross-Border Resolution, Anna Gelpern
Common Capital: A Thought Experiment In Cross-Border Resolution, Anna Gelpern
Georgetown Law Faculty Publications and Other Works
Cross-border bank resolution efforts focus on burden-sharing between bank owners, private creditors and the public. There is little talk of burden-sharing among governments, despite the rich history of governments trying to stick one another with the cost of financial conglomerate failures. There is an unspoken fear that acknowledging the need to allocate losses among governments would undermine post-crisis pledges of No More Bailouts. This symposium essay argues for making government stakes in private financial firms more transparent, and for using the contingent public share as a key to loss allocation among governments in cross-border banking crises.
Aiding And Abetting: The Illegality Of Morocco's Nationalist Expansion Into Western Sahara And Their Support From The United States, Rachid H. Yousfi
Aiding And Abetting: The Illegality Of Morocco's Nationalist Expansion Into Western Sahara And Their Support From The United States, Rachid H. Yousfi
Master's Theses
This paper will address the illegality of Morocco’s nationalist annexation of Western Sahara and how the United States plays the accommodating role through the selling of arms, economic aid, and diplomatic support. Considered as Africa’s last colony, the Saharawi people have not experienced the basic human right to self-determination and the right for independence. These rights are continued to be withheld for the sake of Moroccan nationalism and their “rightful and ethnic” claims to the territory, disregarding the International Court of Justice (ICJ)’s advisory opinion ruling in favor of Saharawi self-determination. It explores the chronology of the Saharawi population from …
Modern Maritime Neutrality Law, James Farrant
Modern Maritime Neutrality Law, James Farrant
International Law Studies
This article is a fundamental reappraisal of the rules of maritime neutrality, including blockade, contraband and maritime zones. It is one of the most comprehensive reassessments of this area of the law since R. W. Tucker's seminal work in this publication in 1955. As well as defining and stating the rules of maritime neutrality, the piece offers recommendations for future development of the law which drafters of State law of armed conflict manuals may wish to consider.
Beyond "De-Nile" - The United Nations' Genocide Problem In Darfur, William Reisinger
Beyond "De-Nile" - The United Nations' Genocide Problem In Darfur, William Reisinger
Touro Law Review
No abstract provided.
Gender And Armed Conflict, Christine Chinkin
Gender And Armed Conflict, Christine Chinkin
Book Chapters
The construction of social sex and gender roles means that armed conflict is sexed and gendered. Men still make up the majority of the fighting forces, while women's generally unequal and subordinate social and economic position makes them vulnerable in particular ways during conflict. Women and men, girls and boys all suffer gender-based violence. Such violence is directed at a person because of his or her gender. For instance men sustain specific harms such as disappearances and deliberate killings in greater numbers than women, while women disproportionately experience sexual violence. The detention of Bosnian Muslims at Potocari on 12 July …
The Right To Food Under Hugo Chávez, Rhoda E. Howard-Hassmann
The Right To Food Under Hugo Chávez, Rhoda E. Howard-Hassmann
Human Rights & Human Welfare
This article investigates the right to food in Venezuela under President Hugo Chávez (1999-2013). It argues that although Chávez respected the right of (especially poor) Venezuelans to food, he failed to protect that right at the same time as he tried to fulfill it. In the short term, he fulfilled the right to food by establishing state-run stores where food could be purchased at a substantial discount, and by imposing price controls on food. At the same time, however, he reduced the supply of food by undermining property rights, expropriating large-scale farms and ranches as well as some wholesale and …
Ending Perpetual War? Constitutional War Termination Powers And The Conflict Against Al Qaeda, David A. Simon
Ending Perpetual War? Constitutional War Termination Powers And The Conflict Against Al Qaeda, David A. Simon
Pepperdine Law Review
This Article presents a framework for interpreting the constitutional war termination powers of Congress and the President and applies this framework to questions involving how and when the war against Al Qaeda and associated forces could end. Although constitutional theory and practice suggest the validity of congressional actions to initiate war, the issue of Congress’s constitutional role in ending war has received little attention in scholarly debates. Theoretically, this Article contends that terminating war without meaningful cooperation between the President and Congress generates tension with the principle of the separation of powers underpinning the U.S. constitutional system, with the Framers’ …
Al-Nashiri, The Cole Bombing, And The Start Of The Conflict With Al-Qaeda, Peter Margulies
Al-Nashiri, The Cole Bombing, And The Start Of The Conflict With Al-Qaeda, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Comity Of Errors: Foreign Same-Sex Marriages In New York, Gennaro Savastano
Comity Of Errors: Foreign Same-Sex Marriages In New York, Gennaro Savastano
Touro Law Review
No abstract provided.
Advancing National Intellectual Property Policies In A Transnational Context, Marketa Trimble
Advancing National Intellectual Property Policies In A Transnational Context, Marketa Trimble
Boyd Briefs / Road Scholars
Professor Marketa Trimble presented these materials at the Third International Intellectual Property Scholars Roundtable, which was held at the DePaul University College of Law on May 1, 2014.
Promoting Impartiality Of International Commercial Arbitrators Through Chinese Criminal Law: Arbitration By "Perversion Of Law", Deng Ruiping, Duan Xiaosong
Promoting Impartiality Of International Commercial Arbitrators Through Chinese Criminal Law: Arbitration By "Perversion Of Law", Deng Ruiping, Duan Xiaosong
Brigham Young University International Law & Management Review
No abstract provided.
Managing Complex Water Resource Systems For Ecological Integrity: Evaluating Tradeoffs And Uncertainty, Richard Morrison
Managing Complex Water Resource Systems For Ecological Integrity: Evaluating Tradeoffs And Uncertainty, Richard Morrison
Publications
Water resource systems often contain numerous components that are intertwined or even contradictory, such as power production, water delivery, recreation, and environmental needs. This complexity makes it difficult to holistically assess management alternatives. In addition, hydro climatic and ecological uncertainties complicate efforts to evaluate the impacts of management scenarios. We need new tools that are able to inform managers and researchers of the tradeoffs or consequences associated with flow alternatives, while also explicitly incorporating sources of uncertainty. My research addresses this limitation using two modeling approaches: stochastic system dynamics modeling and Bayesian network modeling. I developed a stochastic system dynamics …
The End Of Sustainability, Melinda Harm Benson, Robin Kundis Craig
The End Of Sustainability, Melinda Harm Benson, Robin Kundis Craig
Publications
It is time to move past the concept of sustainability. The realities of the Anthropocene warrant this conclusion. They include unprecedented and irreversible rates of human-induced biodiversity loss, exponential increases in per-capita resource consumption, and global climate change. These factors combine to create an increasing likelihood of rapid, nonlinear, social and ecological regime changes. The recent failure of the Rio +20 provides an opportunity to collectively reexamine--and ultimately move past--the concept of sustainability as an environmental goal. We must face the impossibility of defining--let alone pursuing--a goal of "sustainability" in a world characterized by such extreme complexity, radical uncertainty and …
Why Good Governance Of Land And Tenure Security Need To Be Part Of The Sustainable Development Goal Framework, Columbia Center On Sustainable Investment, Sustainable Development Solutions Network
Why Good Governance Of Land And Tenure Security Need To Be Part Of The Sustainable Development Goal Framework, Columbia Center On Sustainable Investment, Sustainable Development Solutions Network
Columbia Center on Sustainable Investment Staff Publications
The CCSI and the UN Sustainable Development Solutions Network’s Thematic Group on Good Governance of Extractive and Land Resources published a short briefing note on including land governance in the Sustainable Development Goal framework. The note argues that incorporating good governance of land and tenure security would help meet a number of proposed sustainable development goals for the post-2015 development agenda, including reducing poverty, strengthening food security, empowering women, and alleviating commercial pressures on land. The note recommends the inclusion of an access-to-land indicator to help measure governments’ efforts.
Global Health And The Law, Lawrence O. Gostin, Devi Sridhar
Global Health And The Law, Lawrence O. Gostin, Devi Sridhar
Georgetown Law Faculty Publications and Other Works
The last two decades have brought revolutionary changes in global health, driven by popular concern over AIDS, novel influenzas, and maternal mortality. Given the rapid globalization that is a defining feature of today’s world, the need for a robust system of global health law has never been greater. Global health law has been defined as the legal norms, processes, and institutions designed primarily to attain the highest possible standard of physical and mental health for the world’s population. Global health law is not an organized legal system, with a unified treaty monitoring body, such as the World Trade Organization. There …
Enforcement Activism Of The Eu’S Renewable Energy Directive During The Global Financial Crisis, Jon Truby
Enforcement Activism Of The Eu’S Renewable Energy Directive During The Global Financial Crisis, Jon Truby
William & Mary Environmental Law and Policy Review
No abstract provided.
Searching For The Hinterman: In Praise Of Subjective Theories Of Imputation, Jens David Ohlin
Searching For The Hinterman: In Praise Of Subjective Theories Of Imputation, Jens David Ohlin
Cornell Law Faculty Publications
How should international courts distinguish between principals and accessories? The ICC answered this question with Roxin’s Control Theory of Perpetration; defendants should be convicted as principals if they control the crime individually, jointly with a co-perpetrator, indirectly via an organized apparatus of power, or as indirect co-perpetrators (via a combination of the previous doctrines). As the ICC adopted the control requirement, however, some of its decisions have allowed lower mental states such as recklessness or dolus eventualis to meet the standard for principal perpetration under the Control Theory. Other decisions have asserted that intent or knowledge is required though their …
The End Of Sustainability, Melinda Harm Benson, Robin Kundis Craig
The End Of Sustainability, Melinda Harm Benson, Robin Kundis Craig
Publications
No abstract provided.
Creating A Modern Atlantis: Recognizing Submerging States And Their People, Jessica L. Noto
Creating A Modern Atlantis: Recognizing Submerging States And Their People, Jessica L. Noto
Buffalo Law Review
No abstract provided.
Towards International Criminalization Of Transboundry Environmental Crimes, Hamdan Qudah
Towards International Criminalization Of Transboundry Environmental Crimes, Hamdan Qudah
Dissertations & Theses
This dissertation puts forward the argument that violations of the International Covenant on Economic, Social and Cultural Rights should be penalized under a criminal body of international law. The theories brought forth under this proposal stems from the field of green criminology, which explores the criminal application of law in the context of environmental protection. The concept of crimes against future generations can be the crux of new law that can be used to criminalize conduct against the interest of future populations. In an effort to maintain sustainable development which centers on environmental protection, economic protection and social development, the …
Gaia’S Navy: The Sea Shepherd Conservation Society’S Battle To Stay Afloat And International Law, Gerry Nagtzaam
Gaia’S Navy: The Sea Shepherd Conservation Society’S Battle To Stay Afloat And International Law, Gerry Nagtzaam
William & Mary Environmental Law and Policy Review
This Article critically examines the Sea Shepherd Conservation Society and its self-appointed role to protect oceanic life. In Part I, the Article examines the history of this radical environmental group, the role performed by its charismatic leader, Paul Watson, its organizational structure, its strategies and tactics, its governing philosophy, and its attitudes to violence. Part II provides a history of the various direct actions carried out by the group; it examines the organization’s ongoing confrontations with the Japanese whaling fleet, documents the current legal travails the group and its leader are experiencing, and asks whether its methods are counterproductive to …
Moving Towards Sustainable Coastal Development In South Asia By Linking Coastal Climate Change Adaptation With Integrated Coastal Zone Management Through The Instrumentality Of Law, Tony George Puthucherril
Moving Towards Sustainable Coastal Development In South Asia By Linking Coastal Climate Change Adaptation With Integrated Coastal Zone Management Through The Instrumentality Of Law, Tony George Puthucherril
PhD Dissertations
For long, coastal management focused on the sustainable utilization of coastal resources and avoidance and management of conflict, as well as the promotion of complementarities between users. However, with rising sea levels and other climate change impacts, coastal management has become increasingly complex. This thesis investigates the legal instruments underpinning the management of coastal zones, exploring the concept of sustainable coastal development (SCD) and the relevance of the integrated coastal zone management (ICZM) process. Specifically, the discourse analyzes how law and legal regimes play a backbone role in strengthening and supporting ICZM implementation by facilitating the linkage between ICZM and …
The Special Tribunal For Lebanon: A Defense Perspective, Charles Chernor Jalloh
The Special Tribunal For Lebanon: A Defense Perspective, Charles Chernor Jalloh
Articles
This Article analyzes the absence of organs tasked with guaranteeing the rights of the defense in international criminal law. It explains the historical origins of the problem, tracing it back to the genesis of modern prosecutions at the Nuremberg International Military Tribunal. It then explains how the organizational charts of the UN courts for the former Yugoslavia, Rwanda, and Sierra Leone omitted the defense and essentially treated it as a second class citizen before the eyes of the law. This sets the stage for the author to show why the creation of the first full-fledged defense organ in international criminal …