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Articles 11521 - 11550 of 32345

Full-Text Articles in International Law

Student Comment: “Love Is Patient, Love Is Kind”: A Comparative Study Helping The United States Reach Marriage Equality, Nicole Rush Jan 2014

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.

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Legal Issues Concerning The Eu Unilateral Aviation Ets: A Chinese Perspective, Wenqiong Liang, Liying Zhang Jan 2014

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, …

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Balintulo V. Daimler Ag, 727 F.3d 174 (2013). Second Circuit Closes The Door For Victims Of International Rights Violations, Emily M. Nellermoe Jan 2014

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.

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Child Labor And Ratification Of Trade And Labor Provisions In Sub-Saharan Africa: Is It A Question Of Political Choices?, Caiphas Chekwoti Jan 2014

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.

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Bitcoin: The Economic Case For A Global, Virtual Currency Operating In An Unexplored Legal Framework, Jonathan B. Turpin Jan 2014

Bitcoin: The Economic Case For A Global, Virtual Currency Operating In An Unexplored Legal Framework, Jonathan B. Turpin

Indiana Journal of Global Legal Studies

Bitcoin is a virtual currency created by programmers, which is produced at a predetermined and knowable rate to simulate a limited resource. Its value is derived from the trust of its users and is protected by its limited nature and the cryptography by which the currency is secured and authenticated. Bitcoin has been, and continues to be, used by some for the purchase of illegal substances and in furtherance of crimes. Because Bitcoin is not issued by a central bank or government, its use entails risks, both legal and otherwise, that have not previously been explored. Nonetheless, Bitcoin possesses significant …

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Pashtunistan's Future: The Global Executive Or A Regional Solution, Joshua A. Kurtzman Jan 2014

Pashtunistan's Future: The Global Executive Or A Regional Solution, Joshua A. Kurtzman

Indiana Journal of Global Legal Studies

This note explores the transnational security issues associated with the Pashtunistan region following the withdrawal of NATO from Afghanistan in 2014. More specifically, at a time when this region is at a religious, governance, and globalization crossroads, this note posits that only two alternatives exist for addressing the security situation in this region. First, a global executive, or executives, could use their power to exert transnational security pressure through drone strikes or other pseudo-military alternatives. A second alternative, and one which this note considers much more promising, is the development of a "NATO like" organization of Muslim nations to assist …

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Hong Kong's Failure To Extradite Edward Snowden: More Than Just A Technical Defect, Mark D. Kielsgard, Ken Gee-Kin Ip Jan 2014

Hong Kong's Failure To Extradite Edward Snowden: More Than Just A Technical Defect, Mark D. Kielsgard, Ken Gee-Kin Ip

Richmond Journal of Global Law & Business

As the Edward Snowden case takes legs and exhibits all the earmarks of official misconduct and scandal, the U.S. government continues efforts aimed at extraditing this "whistleblower," characterizing him as a traitor and doing damage control in the NSA. Part of this strategy includes intimidating those sovereign states that refuse to coooperate in returning Snowden to face trial.Yet, the legal basis for these U.S. efforts is highly contentious. If Snowden had stayed in Hong Kong and fought extradition, in all likelihood he would have prevailed. Thus, the U.S. is left with not credible basis for complaint, and its retaliatory diplomatic …

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New Thinking In The Fight Against Marine Piracy: Financing And Plunder Pre-Empting Piracy Before Prevention Becomes Necessary, Hugh R. Williamson Jan 2014

New Thinking In The Fight Against Marine Piracy: Financing And Plunder Pre-Empting Piracy Before Prevention Becomes Necessary, Hugh R. Williamson

Case Western Reserve Journal of International Law

No abstract provided.

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Maritime Piracy: A Sustainable Global Solution, Paul R. Williams, Lowry Pressly Jan 2014

Maritime Piracy: A Sustainable Global Solution, Paul R. Williams, Lowry Pressly

Case Western Reserve Journal of International Law

No abstract provided.

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International Maritime Piracy: An Old Profession That Is Capable Of New Tricks, But Change Is Possible, Simon Barker Jan 2014

International Maritime Piracy: An Old Profession That Is Capable Of New Tricks, But Change Is Possible, Simon Barker

Case Western Reserve Journal of International Law

No abstract provided.

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Children And Marine Piracy, Shelly L. Whitman Jan 2014

Children And Marine Piracy, Shelly L. Whitman

Case Western Reserve Journal of International Law

No abstract provided.

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Tourism At Unesco World Heritage Sites: Protecting Global Treasures And The Travelers Who Seek Them, Joann Vrabel Jan 2014

Tourism At Unesco World Heritage Sites: Protecting Global Treasures And The Travelers Who Seek Them, Joann Vrabel

Case Western Reserve Journal of International Law

No abstract provided.

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Unraveling Icsid's Denunciation: Understanding The Interaction Between Articles 71 And 72 Of The Icsid Convention, J. Tejera Jan 2014

Unraveling Icsid's Denunciation: Understanding The Interaction Between Articles 71 And 72 Of The Icsid Convention, J. Tejera

ILSA Journal of International & Comparative Law

Before any Contracting State denounced the International Centre for Settlement of Investment Disputes Convention (ICSID Convention),' very few academics and commentators bothered interpreting the meaning of its provisions dealing with potential denunciations or, more importantly, the effectiveness of withdrawing from the ICSID Convention.

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Catalonia: The New European State?, Garcia Barcia Jan 2014

Catalonia: The New European State?, Garcia Barcia

ILSA Journal of International & Comparative Law

On September 11, 2012, a sea of Catalonians, 1.5 million according to the Urban Guard and 600,000 according to the Government Delegation, protested under the slogan: "Catalonia, new European State."'

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A Comparative Analysis Of The Reformation Of American And Argentinian Media Laws And The Public Policies Behind Such Changes, M. Villaraos Jan 2014

A Comparative Analysis Of The Reformation Of American And Argentinian Media Laws And The Public Policies Behind Such Changes, M. Villaraos

ILSA Journal of International & Comparative Law

Ever since Janet Jackson experienced a wardrobe malfunction at the 2004 Super Bowl Halftime Show-exposing her breast for half a second to nearly one hundred and forty million viewers, seven million of which were children-the Federal Communications Commission's (FCC) goal has been to prevent such moral disasters from reaching the eyes of the young American public.

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Jerusalem In The Courts And On The Ground, Sam F. Halabi Jan 2014

Jerusalem In The Courts And On The Ground, Sam F. Halabi

Faculty Publications

This Article analyzes presidential speeches and the pleadings of the U.S. Government in response to a lawsuit by Jerusalem-born U.S. citizen Menachem Zivotofsky seeking to have "Israel" listed in his U.S. passport rather than "Jerusalem" as U.S. law now requires. The picture that emerges is one of a growing flexibility in U.S. policy toward Israel/Palestine in general and Jerusalem in particular. That flexibility moves away from adherence to two states (and impliedly two capitals in Jerusalem) to one emphasizing various "kinds" of democracy that may characterize a future Israeli state. Part I of this Article provides a brief summary of …

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A National Mineral Policy As An International Investment Law Stratagem: The Case Of Tajikistan's Gold Reserves, Nadia B. Ahmad Jan 2014

A National Mineral Policy As An International Investment Law Stratagem: The Case Of Tajikistan's Gold Reserves, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.

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The International Sugar Trade And Sustainable Development: Curtailing The Sugar Rush, Nadia B. Ahmad Jan 2014

The International Sugar Trade And Sustainable Development: Curtailing The Sugar Rush, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.

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The Surprising Acquittals In The Gotovina And Perisic Cases: Is The Icty Appeals Chamber A Trial Chamber Is Sheep's Clothing, Mark A. Summers Jan 2014

The Surprising Acquittals In The Gotovina And Perisic Cases: Is The Icty Appeals Chamber A Trial Chamber Is Sheep's Clothing, Mark A. Summers

Faculty Scholarship

No abstract provided.

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Prevention Of Human Trafficking For Labor Exploitation: The Role Of Corporations, Nicola Jägers, Conny Rijken Jan 2014

Prevention Of Human Trafficking For Labor Exploitation: The Role Of Corporations, Nicola Jägers, Conny Rijken

Northwestern Journal of Human Rights

No abstract provided.

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Talking Foreign Policy: A Roundtable On Piracy, Michael P. Scharf Jan 2014

Talking Foreign Policy: A Roundtable On Piracy, Michael P. Scharf

Case Western Reserve Journal of International Law

No abstract provided.

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Why Now Is The Time To Resolve The Dokdo/Takeshima Dispute, Garret Bowman Jan 2014

Why Now Is The Time To Resolve The Dokdo/Takeshima Dispute, Garret Bowman

Case Western Reserve Journal of International Law

No abstract provided.

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Twenty-First-Century Problems -- Twentieth-Century International Law, Harold Hongju Koh Jan 2014

Twenty-First-Century Problems -- Twentieth-Century International Law, Harold Hongju Koh

Case Western Reserve Journal of International Law

No abstract provided.

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Foreign Assistance At Home: Increasing Usaid Accountability Through Victim Participation Rights In The Foreign Assistance Act, Shefali Saxena Jan 2014

Foreign Assistance At Home: Increasing Usaid Accountability Through Victim Participation Rights In The Foreign Assistance Act, Shefali Saxena

Case Western Reserve Journal of International Law

No abstract provided.

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Comparing American Disability Laws To The Convention On The Rights Of Persons With Disabilities With Respect To Postsecondary Education For Persons With Intellectual Disabilities, Kevin Walker Jan 2014

Comparing American Disability Laws To The Convention On The Rights Of Persons With Disabilities With Respect To Postsecondary Education For Persons With Intellectual Disabilities, Kevin Walker

Northwestern Journal of Human Rights

No abstract provided.

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Linguistic Isolation: A New Human Rights Violation Constituting Torture, And Cruel, Inhuman And Degrading Treatment, Peter Jan Honigsberg Jan 2014

Linguistic Isolation: A New Human Rights Violation Constituting Torture, And Cruel, Inhuman And Degrading Treatment, Peter Jan Honigsberg

Northwestern Journal of Human Rights

No abstract provided.

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Mental Retardation And The Death Penalty: The Need For An International Standard Defining Mental Retardation, Allison Freedman Jan 2014

Mental Retardation And The Death Penalty: The Need For An International Standard Defining Mental Retardation, Allison Freedman

Northwestern Journal of Human Rights

No abstract provided.

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Keynote: Sustaining Society In The Anthropocene Epoch, Nicholas A. Robinson Jan 2014

Keynote: Sustaining Society In The Anthropocene Epoch, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

This paper explores the argument that human transformation of Earth's systems is eclipsing the international law-making of nation states. Globally the processes of trade law or environmental law often progress transnationally, with little direction by national governments. Intergovernmental and non-governmental international organizations act with autonomy, apart from nations. To be clear, nation states still are the major players in world order, but trends of sustainable development or social networked communications transcend individual nations. Whether viewed as environmental law or sustainability law, this body of law exists at once globally and locally; it is different in kind from the Westphalia legacy …

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The Resilience Principle, Nicholas A. Robinson Jan 2014

The Resilience Principle, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

Resilient self-help is essential in coping with life’s upsets. This essay explores the prospect of recognizing Resilience as a Principle of Law. The propositions set forth here were debated at two conferences held in Brasilia, in December of 2013. The first, for legislators, was convened in the Senate of Brazil by the National Congress’ Joint Permanent Committee on Climate Change, and the second, for judges, was convened by the Federal Judicial Council’s Judicial Studies Center (Conselho da Justiça Federal Centro de Estudos Judiciários) and the High Court of Brazil (Superior Tribunal de Justiça). This eJournal of the IUCN Academy of …

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The United States Versus Japan As A Lesson Commending International Mediation To Secure Hague Abduction Convention Compliance, Chandra Zdenek Jan 2014

The United States Versus Japan As A Lesson Commending International Mediation To Secure Hague Abduction Convention Compliance, Chandra Zdenek

San Diego International Law Journal

Under the current domestic resolution of Convention disputes, courts must choose winners and losers. With the option of international mediation, courts would be more inclined to return children to their States of habitual residence promptly because those courts would be assured of their citizens’ safety abroad. Such safety could be satisfied through a wide range of mediated agreements. Successful implementation of international mediation in Hague Abduction Convention proceedings would thus significantly improve compliance, replacing the current “black or white” judicial approach with a more flexible, opportunistic system in which any combination of colors is possible.

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