International Law Commons^™

Advisory Opinion On Responsibilty And Liability For International Seabed Mining (Itlos Case No. 17) And The Future Of Ngo Participation In The International Legal Process, Anna Dolidze

ILSA Journal of International & Comparative Law

On February 1, 2011, the Seabed Disputes Chamber of the International Tribunal on the Law of the Sea (ITLOS) issued an advisory opinion in Case No. 17, Responsibilities and Obligations of States Sponsoring Persons and Entities with Respect to Activities in the Area (Case No. 17).

Combating Human Trafficking-The U.S. Government's Response: A Panel And A Perspective On Counter-Trafficking In Persons, Norman L. Greene, Eric Beinhart

ILSA Journal of International & Comparative Law

Combating Human Trafficking-The U.S. Government's Response was a multi-agency, multi-disciplinary webinar held at the George Washington University Law School before a live audience at the Law School and on the internet on March 20, 2012, sponsored by the Law School and the American Bar Association Section of International Law' as well as by The American Society of International Law.

Sustaining The Triangular Balance: The Taiwan Strait Policy Of Barack Obama, Ix Jinping, And Ma Ying-Jeou, Dean P. Chen

Maryland Series in Contemporary Asian Studies

No abstract provided.

China Under The New Leadership, Hsin-Chi Kuan

Maryland Series in Contemporary Asian Studies

No abstract provided.

Minimizing Corruption In China: Is This An Impossible Dream?, Jon S.T. Quah

Maryland Series in Contemporary Asian Studies

No abstract provided.

Political Economy Of Vietnam: Market Reform, Growth, And The State, Joshua M. Steinfeld, Khi V. Thai

Maryland Series in Contemporary Asian Studies

No abstract provided.

Failure Of The International Monetary Fund & World Bank To Achieve Integral Development: A Critical Historical Assessment Of Bretton Woods Institutions' Policies, Structures & Governance, Mark J. Wolff

Syracuse Journal of International Law and Commerce

No abstract provided.

Recent Developments In Third-Party Funding, Victoria Shannon

Scholarly Articles

This article addresses recent developments in third-party funding that occurred during late 2012 and early 2013 in the three leading jurisdictions: Australia, the United Kingdom and the United States. The most important developments are the following. On 22 April 2013, the Australian Securities and Investment Commission (ASIC) issued regulatory guidelines clarifying the status of funders with respect to ASIC’s regulations and detailing how funders should manage conflicts of interest and handle certain provisions of their funding arrangements. In the United Kingdom, the Jackson Reforms took effect on 1 April 2013, bringing sweeping changes to the allowable fee agreements, discovery rules …

Cakes Without Sugar: Reasons Behind Foreign Investor Reluctance To Enter Mesopotamia, Nidham G. Al Abasey

Syracuse Journal of International Law and Commerce

No abstract provided.

A Game-Theoretic Model Of International Climate Negotiations, Shi-Ling Hsu

Scholarly Publications

No abstract provided.

A Troubled Agreement For Troubled Waters: How An Amended Boundry Waters Treaty Can Solve The Great Lakes Agreement's Fatal Flaws, Paul Shugar

Global Business Law Review

Great Lakes water fuels $4.2 trillion of gross-domestic product (“GDP”), making the Great Lakes Region the largest bi-national regional economy in the world. But what are the United States and Canada doing to protect the world’s largest readily available freshwater resource? The Great Lakes-St. Lawrence River Basin Sustainable Water Resources Agreement’s failures show that Canada and the United State must amend the outdated Boundary Waters Treaty of 1909. This amended treaty would provide a uniform approach to regulating the Great Lakes so the states and provinces on both sides of the border must play by the same rules regarding water …

The Libor Manipulation Scandal & The Wheatley Review: A Band-Aid On A Knife Wound, John Weldon

Syracuse Journal of International Law and Commerce

No abstract provided.

Preserving Trans-Boundary Aquifers: A Precious Resource For Our Future Generations, Russell Frink

Global Business & Development Law Journal

No abstract provided.

South Sudan Road To Independence: Broken Promises And Lost Opportunities, Salman M. A. Salman

Global Business & Development Law Journal

No abstract provided.

Between Secession And Federalism: The Independence Of South Sudan And The Need For A Reconsidered Nigeria, Obehi S. Okojie

Global Business & Development Law Journal

No abstract provided.

Global Issues In Immigration Law, Raquel Aldana, Won Kidane, Beth Lyon, Karla M. Mckanders

McGeorge School of Law Teaching Materials

This title is designed to introduce comparative and international perspectives to the study of immigration law and policy. Topics include an introductory discussion of comparative versus international law and the relevance of both to U.S. Jurisprudence; a comprehensive overview of international migration multilateral and bilateral regimes; glimpses into the immigration law and practices of Mexico, Canada, the European Union, the United Kingdom, France, and Spain; and a final part that examines international norms on freedom of movement, the right to nationality, policing, living conditions, immigrant workers and anti-terrorism law.

Managing The Conflict Between U.S. E-Discovery And The German Data Protection Act, Oliver Forster, Osama Almughrabi

UC Law SF International Law Review

This article describes both e-discovery in the United States and the German Federal Data Protection Act, the Bundesdatenschutzgesetz (BDSG). It details the conflicting demands of those institutions in the event of litigation, as well as the consequences for a company caught between them. Namely, e-discovery often requires the disclosure of vast amounts of electronically stored information held by a company, while the BDSG prohibits the disclosure of personal information outside of specific exceptions. Failure to disclose the data could result in significant sanctions in the U.S., while disclosing data can lead to large fines and constitutes a criminal offense in …

The Dilemma Of Piratical Ransoms: Should They Be Paid Or Not? On The Human Rights Of Kidnapped Seamen And Their Families, Barry Hart Dubner, Kimberly Chavers

Barry Law Review

No abstract provided.

Who's Your Daddy? The International Market For American Sperm, Samantha C. Robbins

Syracuse Journal of International Law and Commerce

No abstract provided.

Syracuse Journal Of International Law And Commerce - Volume 41, Number 1 (Complete)

Syracuse Journal of International Law and Commerce

No abstract provided.

International Legal Positivism And Legal Realism, D. A. Jeremy Telman

Law Faculty Publications

This chapter, a contribution to a book on International Legal Positivism in a Post-Modern World, gauges the potential for mutually enriching interactions between international legal positivism and legal realism. It first describes the encounter between legal positivism and legal realism in the U.S. legal academy and then proceeds to discuss the rise of a new legal realism in international legal theory. In a concluding section, the chapter assesses the compatibilities and tensions between the new international legal realism and the new international legal positivism.

With its forthright embrace of the inescapability of uncertainty in law, the new international legal …

Only Fools Who Send Hyenas To Roast Meat For Them: In Search Of The Doctrinal Foundations Of The Not-So-Ordinary Crime Of Patrimonicide, Ndiva Kofele-Kale

Florida A & M University Law Review

Crimes against humanity are generally considered crimes of such unimaginable horror that they shock the conscience of mankind. The Article challenges the international community to take a mental leap by recognizing that the contemporary version of official corruption is so fundamentally different from its historical antecedents that it deserves to (a) be called a different name: indigenous spoliation or patrimonicide; and (b), to be treated as an extraordinary crime that rises up to the level of a crime against humanity. Towards this end, the Article reviews the basic elements of a crime against humanity identified in various legal instruments, and …

The Protection Of Foreign Direct Investments In Developing And Emerging Markets Through The Instrumentality Of Arbitration: Fair Game, Florence Shu-Acquaye

Florida A & M University Law Review

No abstract provided.

Natural Law As Part Of International Law: The Case Of The Armenian Genocide, Fernando R. Tesón

Scholarly Publications

In this Article I argue that some norms are part of international law even if they have never been created by treaty or custom. Because such norms have never been posited, they are natural law norms, and my thesis is that these natural law norms are as much part of international law as the posited norms. By this I mean that these norms should figure in any catalog of what international law prescribes or permits.

Bargaining Practices: Negotiating The Kampala Compromise For The International Criminal Court, Noah Weisbord

Faculty Publications

At the International Criminal Court's (ICC) Review Conference in 2010, the ICC's Assembly of States Parties (ASP) agreed upon a definition of the crime of aggression, jurisdictional conditions, and a mechanism for its entry into force (the "Kampala Compromise"). These amendments give the ICC jurisdiction to prosecute political and military leaders of states for planning, preparing, initiating, or executing illegal wars, beginning as early as January 2017.

This article explains the bargaining practices of the diplomats that gave rise to this historic development in international law. This article argues that the international-practices framework, as currently conceived, does not adequately capture …

The Mens Rea Of The Crime Of Aggression, Noah Weisbord

Faculty Publications

This article, written in commemoration of the tenth anniversary of the International Criminal Court (ICC), explores the mens rea of the crime of aggression. The definition and jurisdictional conditions of the crime of aggression was recently incorporated into the ICC’s Rome Statute, thereby reviving a crime used during the Nuremberg trials to prosecute Nazi leaders after World War II. Mens rea is an important, even central, consideration when judging whether a defendant has satisfied all of the elements of the crime of aggression.

The starting point for this exploration of the mens rea of the crime of aggression is its …

There’S A Whole World Out There: Justice Kennedy’S Use Of International Sources, Stephen C. Mccaffrey

McGeorge School of Law Scholarly Articles

No abstract provided.

Around The World: Illegal Immigrants And The Cost Of Higher Education In The U.K., Amanda M. Walsh

Children's Legal Rights Journal

No abstract provided.

For The Purposes Of This Regulation ... : Denying Protection To The Small Business Through The Application Of The Cesl, Ellen Ostrow

American University International Law Review

No abstract provided.

Why The Right To Data Portability Likely Reduces Consumer Welfare: Antitrust And Privacy Critique, Peter Swire, Yianni Lagos

Maryland Law Review

No abstract provided.