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Articles 11491 - 11520 of 32330
Full-Text Articles in International Law
The Three-Step-Test Revisited: How To Use The Test’S Flexibility In National Copyright Law, Christophe Geiger, Daniel J. Gervais, Martin Senftleben
The Three-Step-Test Revisited: How To Use The Test’S Flexibility In National Copyright Law, Christophe Geiger, Daniel J. Gervais, Martin Senftleben
American University International Law Review
No abstract provided.
Heated Skirmishes In The Solar Sector: Do Solar-Pv Feed-In Tariffs Constitute Trade-Related Investment Measures And Subsidies Prohibited Under The Wto Regime?, Matthew D'Orsi
American University International Law Review
No abstract provided.
Prologue, Claudio Grossman
Prologue, Claudio Grossman
American University International Law Review
No abstract provided.
El Principio De Igualdad Y No Discriminación Como Límite Al Margen De Apreciación En El Reconocimiento Del Matrimonio Entre Personas Del Mismo Sexo, Amaury A. Reyes-Torres
El Principio De Igualdad Y No Discriminación Como Límite Al Margen De Apreciación En El Reconocimiento Del Matrimonio Entre Personas Del Mismo Sexo, Amaury A. Reyes-Torres
American University International Law Review
No abstract provided.
El Tribunal Europeo De Derechos Humanos Y Su Respuesta Al Reto De La Transexualidad: Historia De Un Cambio De Criterio, Susana Sanz-Caballero
El Tribunal Europeo De Derechos Humanos Y Su Respuesta Al Reto De La Transexualidad: Historia De Un Cambio De Criterio, Susana Sanz-Caballero
American University International Law Review
No abstract provided.
Niñas, Niños Y Adolescentes Lgbti Como Sujetos De Derecho Frente Al Hostigamiento Escolar, Lucas Ramón Mendos
Niñas, Niños Y Adolescentes Lgbti Como Sujetos De Derecho Frente Al Hostigamiento Escolar, Lucas Ramón Mendos
American University International Law Review
No abstract provided.
The Right To Family Life Free From Discrimination On The Basis Of Sexual Orientation: The European And Inter-American Perspectives, Nadia Melehi
American University International Law Review
No abstract provided.
The Legitimacy Of Spying Among Nations, Raphael Bitton
The Legitimacy Of Spying Among Nations, Raphael Bitton
American University International Law Review
No abstract provided.
An Arab Winter: Threats To The Right To Protest In Transitional Societies, Such As Post-Arab Spring Egypt, Tara Vassefi
An Arab Winter: Threats To The Right To Protest In Transitional Societies, Such As Post-Arab Spring Egypt, Tara Vassefi
American University International Law Review
No abstract provided.
Destroying The Legacy Of The Icty: Analysis Of The Acquittals Of Jovica Stanišic And Franko Simatović, Katherine Pruitt
Destroying The Legacy Of The Icty: Analysis Of The Acquittals Of Jovica Stanišic And Franko Simatović, Katherine Pruitt
San Diego International Law Journal
In a 2005 press release by the International Criminal Tribunal for the Former Yugoslavia (“ICTY”), Chief Prosecutor Carla Del Ponte stated “[t]he debate on war crimes in the former Yugoslavia is not subsiding. It is present in the daily life and media, and always politicised . . . I am much more concerned about the victims of war crimes and their families, and I appeal to you to make the victim aspect of any legal process a priority.” Despite this stated dedication to war crimes victims and their families, the ICTY’s Trial Chamber (“Chamber”) recently acquitted two state security officials …
Increased Franco-British Military Cooperation: The Impetus, Its Results, And The Impact On International Humanitarian Intervention, Eva Gramyk
San Diego International Law Journal
[T]his Article addresses the current legal framework of humanitarian intervention. Section III examines previous attempts at international military cooperation by the United Nations, NATO, EU, and bilateral arrangements, Section IV considers the scope and implementation of the Treaty between France and the UK. Finally, Section V analyzes the interplay of international law and the bilateral military treaty in recent international humanitarian interventions.
Anglo-American Dissent From The European Law Of War: A History With Contemporary Echoes, Jeremy Rabkin
Anglo-American Dissent From The European Law Of War: A History With Contemporary Echoes, Jeremy Rabkin
San Diego International Law Journal
These episodes in the history of international humanitarian law deserve to be recalled. They may challenge contemporary dogmas. They remind us that, just below the surface, claims for “humanitarian” principle remain disputable and uncertain, even in today’s world. What “everyone agrees” may not be right. It may not even be what everyone—even everyone of relevant experience and moral seriousness—actually agrees upon.
The exposition here proceeds in six parts. Part II describes the contemporary setting of the legal issue, in the “Basic Rule” of Additional Protocol I, highlighting that this rule has no counterpart in earlier conventions on the law of …
Partnering With Despots And Failed Regimes: Rogue Banking As A Primary Violation Of International Law, Joel Slawotsky
Partnering With Despots And Failed Regimes: Rogue Banking As A Primary Violation Of International Law, Joel Slawotsky
San Diego International Law Journal
Today, criminals can transfer enormous sums from a bank in nation A to an account in nation B with a mouse click. Allowing rogue banking to constitute an international law violation will enable direct actions against financial institutions for international law violations and raise the profile of those institutions that engage in the practice.
This Article does not propose that isolated incidents of providing financial services should be considered a violation of international law, but rather that rogue banking should be defined in the context of serial partnering with international law violators. Part II outlines the pervasive role global financial …
Non-State Law In The Hague Principles On Choice Of Law In International Contracts, Ralf Michaels
Non-State Law In The Hague Principles On Choice Of Law In International Contracts, Ralf Michaels
Faculty Scholarship
Article 3 of the Hague Principles on Choice of Law in International Contracts is the first quasi-legislative text on choice of law to allow explicitly for the choice of non-state law also before state courts. This paper, forthcoming in a Festschrift, puts the provision into a broader context, discusses their drafting history and particular issues involved in their interpretation. It also provides a critical evaluation. Article 3 does not respond to an existing need, and its formulation, the fruit of a compromise between supporters and opponents of choosing non-state law, makes the provision unsuccessful for state courts and arbitrators alike.
The Domestic And International Enforcement Of The Oecd Anti-Bribery Convention, Rachel Brewster
The Domestic And International Enforcement Of The Oecd Anti-Bribery Convention, Rachel Brewster
Faculty Scholarship
International corruption law is a growing, if understudied, area of international economic law. This Article examines two aspects of governments' enforcement of the OECD's Anti-Bribery Convention. The first aspect is the member state's efforts to enforce its own national legislation prohibiting foreign corruption within its territory and with regards to its nationals doing business abroad. The OECD Treaty's obligation concerning member states' enforcement of their own national legislation is somewhat ambiguous. While the obligation to pass particular national legislation is quite clear and specific, the treaty does not specify what resources that a state must dedicate to internally enforcing these …
A State Preferences Account Of Customary International Law Adjudication, Curtis A. Bradley
A State Preferences Account Of Customary International Law Adjudication, Curtis A. Bradley
Faculty Scholarship
The standard account today of customary international law (CIL) is that it arises from the widespread and consistent practice of states followed out of a sense of legal obligation. Although commonly recited, this account is plagued by evidentiary, normative, and conceptual difficulties, and it has been subjected to increasing criticism in recent years. This paper posits a different account of CIL, considered from the perspective of international adjudication. A fundamental problem with much of the theorizing about CIL, the paper contends, is that it fails to identify which decisionmaker it has in mind. Instead, the discussion proceeds as if CIL …
Federalism, Treaty Implementation, And Political Process: Bond V. United States, Curtis A. Bradley
Federalism, Treaty Implementation, And Political Process: Bond V. United States, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
The Effectiveness Of International Adjudicators, Laurence R. Helfer
The Effectiveness Of International Adjudicators, Laurence R. Helfer
Faculty Scholarship
This chapter, in the Oxford Handbook of International Adjudication, provides an overview of the burgeoning literature on the effectiveness of international courts and tribunals (ICs). It considers four dimensions of effectiveness that have engendered debates among scholars or received insufficient scrutiny. The first dimension, case-specific effectiveness, evaluates whether the litigants to a specific dispute change their behavior following an IC ruling, an issue closely linked to compliance with IC judgments. The second variant, erga omnes effectiveness, assesses whether IC decisions have systemic precedential effects that influence the behavior of all states subject to a tribunal’s jurisdiction. The third approach, embeddedness …
The Limits Of Legality: Assessing Recent International Interventions In Civil Conflicts In The Middle-East, Feisal Amin Istrabadi
The Limits Of Legality: Assessing Recent International Interventions In Civil Conflicts In The Middle-East, Feisal Amin Istrabadi
Articles by Maurer Faculty
No abstract provided.
Combating Maritime Piracy: Inter-Disciplinary Cooperation And Information Sharing, Yaron Gottlieb
Combating Maritime Piracy: Inter-Disciplinary Cooperation And Information Sharing, Yaron Gottlieb
Case Western Reserve Journal of International Law
No abstract provided.
The Criminalization Of Bribery: Can The Foreign Corrupt Practices Act Be Applicable To The Anti-Bribery Provisions Of The United Nations Convention Against Corruption?, Sarah Shulman
American University International Law Review
No abstract provided.
Do Ask, Do Tell: Where Is The Protection Against Sexual Discrimination In International Human Rights Law?, Kerstin Braun
Do Ask, Do Tell: Where Is The Protection Against Sexual Discrimination In International Human Rights Law?, Kerstin Braun
American University International Law Review
No abstract provided.
The Accepted Transsexual And The Absent Transgender: A Queer Reading Of The Regulation Of Sex/Gender By The European Court Of Human Rights, Damian A. Gonzalez-Salzberg
The Accepted Transsexual And The Absent Transgender: A Queer Reading Of The Regulation Of Sex/Gender By The European Court Of Human Rights, Damian A. Gonzalez-Salzberg
American University International Law Review
No abstract provided.
Unionizing The Contingent Workforce: Squaring The Nlrb’S 2004 Decision In Oakwood Care Center With The United States’ Obligations As A Signatory To The International Labour Organization, Nolan J. Lafler
American University International Law Review
No abstract provided.
Emerging Issues: Overthrowing The Government: What Boko Haram Means For Women, Kimberly R. Frazier
Emerging Issues: Overthrowing The Government: What Boko Haram Means For Women, Kimberly R. Frazier
University of Baltimore Journal of International Law
Boko Haram has been active since 2002, however, most of the world became familiar with the Islamic terrorist group in April of 2014 after they kidnapped approximately 276 girls from a boarding school in northeastern Nigeria.1 The group’s leader, Abubakar Shekau, announced in a video that the kidnapping was an act of retaliation after Nigerian security forces kidnapped the wives and children of Boko Haram leaders.2 He also stated that the girls would be forced to convert to Islam and sold into the slave market to begin their new lives as “servants.”3 The kidnapping was not the first act of …
University Of Baltimore Journal Of International Law Volume 3 No. 1 (2014-2015) Front Matter
University Of Baltimore Journal Of International Law Volume 3 No. 1 (2014-2015) Front Matter
University of Baltimore Journal of International Law
No abstract provided.
Student Comment: “Love Is Patient, Love Is Kind”: A Comparative Study Helping The United States Reach Marriage Equality, Nicole Rush
University of Baltimore Journal of International Law
This paper evaluates same-sex marriage policies in three industrialized countries: the Netherlands, the United Kingdom and Canada. In assessing the legislative and judicial history of same-sex marriage policies in each country, as well as other influential factors leading to these policies, this research helps to create a roadmap to reach a nationwide policy for the United States. By comparing the current history of the United States’ same-sex marriage policies to that of the aforementioned countries, it is possible to develop a plan to achieve marriage equality in the U.S.
Legal Issues Concerning The Eu Unilateral Aviation Ets: A Chinese Perspective, Wenqiong Liang, Liying Zhang
Legal Issues Concerning The Eu Unilateral Aviation Ets: A Chinese Perspective, Wenqiong Liang, Liying Zhang
South Carolina Journal of International Law and Business
Since January 2012, carbon emissions from international aviation have been formally included in the European Union Emission Trading Scheme (EU ETS). Airlines from outside the EU have struggled to find an escape from this arguably unfair decision. China, the United States, Russia, India, and representatives from nineteen other countries signed the Moscow Joint Declaration in February of 2012 to demonstrate opposition to the EU’s unilaterally enacted aviation carbon tax. Originally, the EU had no intention of canceling or suspending its plan to tax the aviation industry’s carbon emissions; however, after international pressure from a number of opposing countries and airlines, …
Balintulo V. Daimler Ag, 727 F.3d 174 (2013). Second Circuit Closes The Door For Victims Of International Rights Violations, Emily M. Nellermoe
Balintulo V. Daimler Ag, 727 F.3d 174 (2013). Second Circuit Closes The Door For Victims Of International Rights Violations, Emily M. Nellermoe
South Carolina Journal of International Law and Business
No abstract provided.
Child Labor And Ratification Of Trade And Labor Provisions In Sub-Saharan Africa: Is It A Question Of Political Choices?, Caiphas Chekwoti
Child Labor And Ratification Of Trade And Labor Provisions In Sub-Saharan Africa: Is It A Question Of Political Choices?, Caiphas Chekwoti
Loyola University Chicago International Law Review
No abstract provided.