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Articles 5341 - 5370 of 31979

Full-Text Articles in International Law

In Support Of Global Accountability For Private Commercial Space Actors, Julia Selman Ayetey May 2020

In Support Of Global Accountability For Private Commercial Space Actors, Julia Selman Ayetey

Georgia Journal of International & Comparative Law

No abstract provided.


Who Has The Power? A Critical Perspective On Space Governance And New Entrants To The Space Sector, Dr. Cassandra Steer May 2020

Who Has The Power? A Critical Perspective On Space Governance And New Entrants To The Space Sector, Dr. Cassandra Steer

Georgia Journal of International & Comparative Law

No abstract provided.


Reflections On Space Governance By China And Japan, Saadia M. Pekkanen May 2020

Reflections On Space Governance By China And Japan, Saadia M. Pekkanen

Georgia Journal of International & Comparative Law

No abstract provided.


Space Governance 3.0, Brian R. Israel May 2020

Space Governance 3.0, Brian R. Israel

Georgia Journal of International & Comparative Law

No abstract provided.


The Future Of Space Governance, Melissa J. Durkee May 2020

The Future Of Space Governance, Melissa J. Durkee

Georgia Journal of International & Comparative Law

Introduction to special conference issue


Set The Controls For The Heart Of The Moon: Is Existing Law Sufficient To Enable Resource Extraction On The Moon?, Mark J. Sundahl, Jeffrey A. Murphy May 2020

Set The Controls For The Heart Of The Moon: Is Existing Law Sufficient To Enable Resource Extraction On The Moon?, Mark J. Sundahl, Jeffrey A. Murphy

Georgia Journal of International & Comparative Law

No abstract provided.


New Ways And Means To Strengthen The Responsible And Peaceful Use Of Outer Space, David Kuan-Wei Chen May 2020

New Ways And Means To Strengthen The Responsible And Peaceful Use Of Outer Space, David Kuan-Wei Chen

Georgia Journal of International & Comparative Law

No abstract provided.


Structuring The Governance Of Space Activities Worldwide, Frans G. Von Der Dunk May 2020

Structuring The Governance Of Space Activities Worldwide, Frans G. Von Der Dunk

Georgia Journal of International & Comparative Law

No abstract provided.


Restoring The Rights Multiplier: The Right To An Education In The United States, Katherine Smith Davis, Jeffrey Davis May 2020

Restoring The Rights Multiplier: The Right To An Education In The United States, Katherine Smith Davis, Jeffrey Davis

Journal of Law and Policy

In 1973 the U.S. Supreme Court ruled that education was not a fundamental right, leaving in place systems that continue today to perpetrate vast inequities among school districts. Through a comparative analysis of treaties, constitutions, legislation, and international and state judicial decisions, we demonstrate that education is indeed a fundamental human right, though our constitutional jurisprudence has denied its fundamental right status. We use case studies from Baltimore, a typical city whose residents face economic hardships, to reveal the dire consequences of this ruling. Without the right to an education, schoolchildren in poor systems continue to be deprived of the …


Multi-Jurisdictional Anti-Corruption Enforcement: Time For A Global Approach, Sharon Oded May 2020

Multi-Jurisdictional Anti-Corruption Enforcement: Time For A Global Approach, Sharon Oded

Journal of Law and Policy

With the rise of globalization, foreign corruption has become a prominent enemy of the world’s economy. Over time, numerous international initiatives―such as the OECD and United Nations conventions against foreign corruption―have enlisted a growing number of sovereign states to join in the global war against that enemy. As a consequence, global enhancement of anti-foreign corruption enforcement often results in duplicative, multi-jurisdictional enforcement, such that multiple enforcement actions are initiated against the same corporation by several authorities, in one or more jurisdictions, in relation to the same misconduct. This phenomenon, which was recently addressed by the US Department of Justice in …


Global Animal Law And International Trade Law After Ec-Seal Products: An Interactional Analysis, Katie Sykes May 2020

Global Animal Law And International Trade Law After Ec-Seal Products: An Interactional Analysis, Katie Sykes

PhD Dissertations

This thesis is a case study of the formation of new norms in international law. The norms are those that concern animal protection. The thesis argues that international trade law is playing a part in the development of international legal norms for animal protection. The theoretical model applied is interactional international law, the theory of the constructivist international legal scholars Jutta Brunnée and Stephen Toope. Interactional theory posits that legitimate, binding international law arises from norms based on shared understandings, exhibits specifically legal characteristics that correspond to Lon Fuller’s criteria of legality, and is created, maintained and supported through interaction …


Law School News: Adjunct Professor Of The Year: David Coombs 05-13-2020, Michael M. Bowden May 2020

Law School News: Adjunct Professor Of The Year: David Coombs 05-13-2020, Michael M. Bowden

Life of the Law School (1993- )

No abstract provided.


Amicus Memoriais, Jocelyn Getgen Kestenbaum, Cardozo Human Rights & Atrocity Prevention Clinic May 2020

Amicus Memoriais, Jocelyn Getgen Kestenbaum, Cardozo Human Rights & Atrocity Prevention Clinic

Amicus Briefs

Professor Jocelyn Getgen Kestenbaum and the Human Rights and Atrocity Prevention Clinic submitted an amicus brief in the Brazilian Supreme Court for a landmark ruling for the Xokleng people.


Dprk Maritime Sanctions Enforcement, Raul (Pete) Pedrozo May 2020

Dprk Maritime Sanctions Enforcement, Raul (Pete) Pedrozo

International Law Studies

The Democratic People’s Republic of Korea (DPRK) has been under U.N. sanctions since 2006 to dissuade the DPRK from continuing its nuclear weapons and ballistic missile programs. Nonetheless, the DPRK has evaded these sanctions, particularly through unlawful ship-to-ship transfers of refined petroleum products and coal. DPRK sanctions evasion, particularly as it relates to maritime activities, remains a critical issue that allows the DRPK government to continue its pursuit of nuclear weapons and its testing and amassment of ballistic missiles. Given the DPRK’s use of maritime tactics to evade sanctions, maritime interdiction is the most effective way to counter illicit DPRK …


Abu Simbel: The Beginnings Of World Heritage, Olivia Womack May 2020

Abu Simbel: The Beginnings Of World Heritage, Olivia Womack

Tenor of Our Times

This articles explores the preservation of Abu Simbel and its role in sparking an international interest in cultural heritage. Additionally, the author analyzes the current UNESCO World Heritage system in light of its beginnings at Abu Simbel.


Law School News: Dennis W. Nixon: Doctor Of Laws, Honoris Causa 05-09-2020, Roger Williams University School Of Law May 2020

Law School News: Dennis W. Nixon: Doctor Of Laws, Honoris Causa 05-09-2020, Roger Williams University School Of Law

Life of the Law School (1993- )

No abstract provided.


Prefatory Matter And Table Of Contents May 2020

Prefatory Matter And Table Of Contents

University of Miami Inter-American Law Review

No abstract provided.


Nicolás Maduro’S Impunity Is A Foregone Conclusion: A Case For Replacing The Treaty-Based Rule Of Law Model With Universal Jurisdiction, Alec Waid May 2020

Nicolás Maduro’S Impunity Is A Foregone Conclusion: A Case For Replacing The Treaty-Based Rule Of Law Model With Universal Jurisdiction, Alec Waid

University of Miami Inter-American Law Review

No abstract provided.


Child Marriage In The U.S.: Loopholes In State Marriage Laws Perpetuate Child Marriage, Sarah Ochieng May 2020

Child Marriage In The U.S.: Loopholes In State Marriage Laws Perpetuate Child Marriage, Sarah Ochieng

Immigration and Human Rights Law Review

The practice of child marriage is often discussed in the context of developing countries and many people find it unthinkable that child marriage also occurs in developed countries such as the United States of America. However, child marriage is a serious problem in the United States that affects thousands of children each year. This comment reviews the loopholes in state marriage laws. Part II considers the scope of child marriage as a human rights violation and the effects of child marriage. It also provides a background of the loopholes in state marriage laws, and a focus on the marriage laws …


Rodriguez V. Swartz: Civil Lawsuit Immunity In Border Shootings, Alexis Woolison May 2020

Rodriguez V. Swartz: Civil Lawsuit Immunity In Border Shootings, Alexis Woolison

Immigration and Human Rights Law Review

When federal agents exhibit conduct that violates the United States Constitution, the Supreme Court has held that those agents should be held civilly liable for their actions, as shown by its decision in Bivens v. Six Unknown Named Agents of the Federal Bureau of Narcotics. Applicable constitutional violations include those which infringe on any individuals’ constitutional rights. This includes violations of the constitutional rights of noncitizens. Although the Supreme Court disfavors expansion of Bivens claims and has only extended this remedy twice, in Davis v. Passman and Carlson v. Green, the Ninth Circuit Court recently approved such expansion in a …


Grounds For Asylum: How Victims' Rights Laws Confer Particular Social Group Status To Domestic Violence Victims, Jordan Cotleur May 2020

Grounds For Asylum: How Victims' Rights Laws Confer Particular Social Group Status To Domestic Violence Victims, Jordan Cotleur

Immigration and Human Rights Law Review

Despite an uptake in legislation criminalizing domestic violence since the 1990’s, women in Latin America still face the highest rates of gender-based and domestic violence of any region in the world. In Central America, two-thirds of female homicide victims are killed because of their status as a woman (also known as “femicide”) and half of women face this fate at the hands of a current or former partner. The violence perpetuates at such an alarming rate because investigations into gender-based violence are nearly non-existent in the region. In 2016, it was reported that up to ninety-eight percent of cases involving …


Groups Defined By Gender And The Genocide Convention, Filip Strandberg Hassellind May 2020

Groups Defined By Gender And The Genocide Convention, Filip Strandberg Hassellind

Genocide Studies and Prevention: An International Journal

This article explores the crime of genocide in connectivity to groups defined by gender. Its aim is to investigate whether including groups defined by gender as a protected group in the Genocide Convention appears legally plausible. It begins by probing the historical origins of the concept of genocide. This exposition emanates into an analytical examination of the rationale of protecting human groups in international criminal law. Against this background, the article advocates an understanding of the crime of genocide as a rights-implementing institute. Subsequently, it employs an ejusdem generis analysis to assess whether groups defined by gender are coherent with …


The Role Of Guaranteed Sexual Education In Argentina And Its Influence In The #Abortolegalya Movement, Shannon Mcgovern May 2020

The Role Of Guaranteed Sexual Education In Argentina And Its Influence In The #Abortolegalya Movement, Shannon Mcgovern

Undergraduate Theses and Capstone Projects

This paper focuses on the role the 2006 Sexual education law in Argentina has on the current #AbortoLegalYa #QueSeaLey movements. With the implementation of guaranteed, free sexual education for every student in Argentina, more individuals began wanting to have a say over their bodies. As more people learned about their reproductive rights, they also learned that they had the right to speak up and demand what they consider necessary. This paper focused on the Campaña national por aborto seguro, legal, y gratuito and their role on influencing both the current movement, and the 2006 passing of the sexual education law. …


Intended Injury: Transferred Intent And Reliance In Climate Change Fraud, Wes Henricksen May 2020

Intended Injury: Transferred Intent And Reliance In Climate Change Fraud, Wes Henricksen

Faculty Scholarship

No abstract provided.


Is China Stealing Our Tech? A Look Into The Role Of Intellectual Property Rights In Us-China Trade Relations, Ryan Chester May 2020

Is China Stealing Our Tech? A Look Into The Role Of Intellectual Property Rights In Us-China Trade Relations, Ryan Chester

Honors Scholar Theses

This thesis aims to further the current scholarship on Intellectual Property Rights (IPR) and their effects on international trade and the US-China trade relationship more specifically. The main analysis of this thesis is a quantitative cross-country analysis of over 100 countries to see how IPR plays a role in international trade, while analyzing how the Sino-US trade relationship fits into larger trends. This thesis aims to answer the questions as follows: What are the current policies surrounding Intellectual Property Rights between China and the US? Does increasing the strength of IPR laws influence imports? Does the strength of a country’s …


From Valladolid To Venezuela : The Legacy Of Las Casas, Vitoria, And Sepúlveda In The Current Venezuelan Crisis., C. Evan Clark May 2020

From Valladolid To Venezuela : The Legacy Of Las Casas, Vitoria, And Sepúlveda In The Current Venezuelan Crisis., C. Evan Clark

College of Arts & Sciences Senior Theses

This thesis analyzes the current Venezuelan crisis and the international legal questions it has posed concerning sovereignty, the responsibility to protect, and international efforts to influence a state’s internal politics. In particular, the thesis expounds the historical and theoretical context behind international legal principles that governments, international organizations, and nongovernmental organizations (NGOs) have invoked in favor of Juan Guaidó or Nicolás Maduro. The thesis’s analysis centers around its examination of the parallels between the international legal principles that relate to the Venezuelan crisis and the political and ethical arguments of the sixteenth-century Spanish social reformer Bartolomé de las Casas and …


Disaggregating The Two Prongs Of Article 13(B) Of The Hague Convention To Cover Unsafe And Unstable Situations, Lauren Cleary May 2020

Disaggregating The Two Prongs Of Article 13(B) Of The Hague Convention To Cover Unsafe And Unstable Situations, Lauren Cleary

Fordham Law Review

The Hague Convention on the Civil Aspects of International Child Abduction (the “Convention”) is a treaty designed to coordinate a uniform response to international child abductions. It establishes a civil remedy for a left-behind parent seeking the return of his or her child after the child has been wrongfully removed to or retained in another state that is also a party to the Convention. The Convention requires the courts of a signatory state to order the prompt return of a wrongfully removed or retained child to his or her state of habitual residence unless the responding party can prove that …


Business And Human Rights In The Context Of Sanctions: A Road To Filling The Governance Gap, Bahareh Jafarian May 2020

Business And Human Rights In The Context Of Sanctions: A Road To Filling The Governance Gap, Bahareh Jafarian

LLM Theses

As concerns about the negative impacts of sanctions on the human rights of civilians and the environment increases, it is necessary to reflect upon the lawfulness and legal status of such measures in international law, and their impact on business enterprises and the field of Business and Human Rights (BHR). While current academic literature tends to focus on implementation, enforcement and business compliance with unilateral and multilateral sanctions, the negative impacts of sanctions on non-state actors and resulting human rights violations are overlooked. Specifically, the relationship between sanctions law and the responsibility of businesses to respect human rights and the …


‘Sexualized Slavery’ And Customary International Law, Patricia Viseur Sellers, Jocelyn Getgen Kestenbaum May 2020

‘Sexualized Slavery’ And Customary International Law, Patricia Viseur Sellers, Jocelyn Getgen Kestenbaum

Book Chapters

This chapter examines the doctrinal avenues for the recognition and prosecution of ‘sexualized slavery’. The Hissène Habré trial and appellate judgments represent watershed legal decisions rendering long-denied justice to victims of the brutal Chadian regime. Delayed charges of credible sexual violence inflicted upon both males and females challenged the judges of the Extraordinary African Chambers (EAC) in Senegal. Legal characterizations of sexual assaults ultimately attributed to Habré represent significant jurisprudential advancements on rape, sexual slavery, and torture as international crimes. The EAC's observations acknowledge that sexual slavery constitutes part of the actus reus of enslavement as crime against humanity and …


Applying International Law To The Regulation Of Media Incited Genocide: Rwanda And Myanmar, Savannah Whittemore May 2020

Applying International Law To The Regulation Of Media Incited Genocide: Rwanda And Myanmar, Savannah Whittemore

Honors Theses

The goal of this thesis is to demonstrate the connection between word and action in relation to the media incited genocide. By employing the operational definitions of intent, incitement, genocide, and hate speech from legal texts such as the Genocide Convention and the International Covenant on Civil and Political Rights, this thesis shows that there is suitable jurisprudence on the crime of direct and public incitement to genocide with the legal bodies statute mirrors the language of the Genocide Convention. This in conjunction with the language gradient on the changing role of messages before and during genocide shows that regulation …