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Articles 5401 - 5430 of 31979

Full-Text Articles in International Law

Restructuring And Forgiveness In Financial Crises A: The Mexican Peso Crisis Of 1994-95, Christian M. Mcnamara, June Rhee, Andrew Metrick Apr 2020

Restructuring And Forgiveness In Financial Crises A: The Mexican Peso Crisis Of 1994-95, Christian M. Mcnamara, June Rhee, Andrew Metrick

Journal of Financial Crises

Following a year in which repeated political turmoil sapped investor confidence in Mexico, putting pressure on the peso and draining the country’s foreign exchange reserves, on December 22, 1994, the Mexican government sparked a financial crisis by unexpectedly abandoning its policy of anchoring the peso to the US dollar and instead allowing it to float freely. The resulting collapse of the peso left Mexico with $40 billion to $50 billion in external debt (much of it dollar-indexed) coming due in the near term and almost no foreign exchange reserves. Faced with the prospect that Mexico would either default on its …

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The Constitutional Law Of Equality In Canada, Kathleen E. Mahoney Apr 2020

The Constitutional Law Of Equality In Canada, Kathleen E. Mahoney

Maine Law Review

On April 17, 1982, Canada repatriated its constitution from the Parliament at Westminster, sweeping away one of the final vestiges of its colonial past. At the same time, a Canadian Charter of Rights and Freedoms was constitutionally entrenched, giving the people express constitutional rights for the first time. The equality provisions, in particular, represented a new era in Canadian constitutional law. The intense debate leading up to the entrenchment of the Charter raised profound questions about the basic nature of the country, its values, and its ability and willingness to acknowledge equality for women and other disadvantaged groups. Since the …

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The Legal Characterization Of Lethal Autonomous Maritime Systems: Warship, Torpedo, Or Naval Mine?, Hitoshi Nasu, David Letts Apr 2020

The Legal Characterization Of Lethal Autonomous Maritime Systems: Warship, Torpedo, Or Naval Mine?, Hitoshi Nasu, David Letts

International Law Studies

With the rapid advances in autonomous navigation and artificial intelligence technology, naval industries are edging closer to the development of unmanned maritime platforms with lethal autonomous capability—lethal autonomous maritime systems (LAMS). The emergence of LAMS as a sui generis hybrid weapon system will almost certainly generate disagreement on their legal status. Currently, there is no agreement among States as to whether LAMS should legally be characterized as warships or other means of warfare, such as torpedoes and naval mines. This lack of certainty represents a significant deficiency with potential strategic and operational implications if left unresolved. To assist States in …

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Reintegration Of Female Rape Survivors: The Overlooked Priority Of Transitional Justice In The Face Of Mass Wartime Rape, Layla Abi-Falah Apr 2020

Reintegration Of Female Rape Survivors: The Overlooked Priority Of Transitional Justice In The Face Of Mass Wartime Rape, Layla Abi-Falah

William & Mary Journal of Race, Gender, and Social Justice

While mass wartime rape has become a core characteristic of modern armed conflict, transitional justice mechanisms have continuously failed to bring about successful achievement of justice, reconciliation, and truth for female survivors. The abuse, exile, and humiliation of large numbers of female rape survivors by their families and communities leaves entire societies destabilized and susceptible to prolonged instability and state failure, thus obstructing attempts by transitional justice mechanisms to usher in long-lasting peace and stability. To achieve more successful post-conflict reconstruction, transitional justice mechanisms situated in the aftermath of wars marked by mass rape must first focus on the reintegration …

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Towards A Transnational Critical Race Theory In Education: Proposing Critical Race Third World Approaches To Education Policy, Steven L. Nelson Apr 2020

Towards A Transnational Critical Race Theory In Education: Proposing Critical Race Third World Approaches To Education Policy, Steven L. Nelson

William & Mary Journal of Race, Gender, and Social Justice

Scholars have applied Critical Race Theory in both domestic and international contexts; however, a theory on the transnational role of race and racism in education policy has not emerged. In this Article, I borrow from the tenets of Critical Race Theory (CRT) and Third World Approaches to International Law (TWAIL) to formulate Critical Race Third World Approaches to Education Policy (TWAEPCrit). In constructing this theory, I argue that Black Americans are in practice and lived experience treated as third world citizens, even as they reside in the United States. I prove the third world status of Black peoples in the …

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The Convention For The Safeguarding Of The Intangible Cultural Heritage (Csich) And The Control Of Indigenous Culture: A Critical Comment On Power And Indigenous Rights, Jonathan Liljeblad Apr 2020

The Convention For The Safeguarding Of The Intangible Cultural Heritage (Csich) And The Control Of Indigenous Culture: A Critical Comment On Power And Indigenous Rights, Jonathan Liljeblad

William & Mary Journal of Race, Gender, and Social Justice

The Preamble of the 2003 Convention for the Safeguarding of the Intangible Cultural Heritage (CSICH) recognizes the connection between indigenous peoples and intangible cultural heritage. The convention indicates that part of its mission is to protect the intangible cultural heritage of indigenous peoples against the processes of globalization and social transformation. The convention, however, has been critiqued for the manner in which it attempts to manage intangible cultural heritage, with critics charging that the convention fosters a power structure that favors states and thereby threatens to marginalize indigenous peoples from control over their own cultures. Such criticism raises a question …

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The African Union-Icc Controversy Before The Icj: A Way Forward To Strengthen International Criminal Justice?, Sascha-Dominick Dov Bachmann, Naa A. Sowatey-Adjei Apr 2020

The African Union-Icc Controversy Before The Icj: A Way Forward To Strengthen International Criminal Justice?, Sascha-Dominick Dov Bachmann, Naa A. Sowatey-Adjei

Washington International Law Journal

The International Criminal Court was set up as a court of last resort to prosecute the most serious crimes under international law when its member states are either unable or unwilling to act. The African Union initially welcomed the court due to the continent’s history of violence and war. However, their soured when the ICC began indicting African heads of state and government officials. Since then, there has been a constant “battle” over whether such defendants could invoke immunity under customary international law. General criticism of the ICC by the African Union and other observers for its lack of focus …

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The Basel Convention On The Control Of Transboundary Movements Of Hazardous Wastes And Their Disposal: A Legal Misfit In Global Ship Recycling Jurisprudence, Ishtiaque Ahmed Apr 2020

The Basel Convention On The Control Of Transboundary Movements Of Hazardous Wastes And Their Disposal: A Legal Misfit In Global Ship Recycling Jurisprudence, Ishtiaque Ahmed

Washington International Law Journal

The Basel Convention has tempted developed nations into the practice of exporting hazardous waste into undeveloped nations’ territories simply for money in the name of recycling. Being extremely business unfriendly, particularly for the recycling industry, this convention has not been welcomed by many developing nations, leading to serious policy and legal uncertainty in those jurisdictions. However, in the absence of any dedicated, enforceable international legal instrument, the Basel Convention currently remains the foundation of ship-recycling jurisprudence in the domestic courts of all dominant, ship-recycling states and the rest of the world, and the basis for curbing the movement of end-of-life …

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Business Trusts In China: A Reality Check, Lusina Ho Apr 2020

Business Trusts In China: A Reality Check, Lusina Ho

University of Cincinnati Law Review

No abstract provided.

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The Rise Of Business Trusts In Sustainable Neo-Innovative Economies, Lee-Ford Tritt, Ryan Scott Teschner Apr 2020

The Rise Of Business Trusts In Sustainable Neo-Innovative Economies, Lee-Ford Tritt, Ryan Scott Teschner

University of Cincinnati Law Review

No abstract provided.

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Legal Protection For Illegal Migrant Domestic Workers Under The Asean Regulations And Its Implication For Indonesia, Arini Azka Muthia Apr 2020

Legal Protection For Illegal Migrant Domestic Workers Under The Asean Regulations And Its Implication For Indonesia, Arini Azka Muthia

Indonesian Journal of International Law

Domestic work is an essential source of livelihood for women and men in Southeast Asia and requires legal protection, including for illegal migrant domestic worker. The ASEAN Consensus on Protection and Promotion of the Rights of Migrant Worker 2017 regulates the protection of migrant workers, including illegal migrant workers in the domestic sector. This research discusses the implications of the ASEAN Consensus on the Protection and Promotion of the Rights of Migrant Worker 2017 for the ASEAN member countries, particularly Indonesia. This research applies a juridical-normative approach focusing on the legal materials related to the protection of domestic workers. This …

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A Multilateral Regime For Space Resource Exploration And Utilization, Zhao Yun Apr 2020

A Multilateral Regime For Space Resource Exploration And Utilization, Zhao Yun

Indonesian Journal of International Law

The launched of Sputnik marked the beginning of space race. Since then state always tries to develop its technology to conquer outer space, including its natural resources. Outer Space Treaty and Moon Agreement affirm that outer space as the common heritage of mankind. Therefore, any states can not claim sovereignty over the territory nor natural resources. Yet, in 2015 the United States passed the Space Resource Exploration and Utilization Act which authorize its private entities to exploit and entitles them with series of rights, including the right of ownership over space resource. Thus, this paper examines the concept of the …

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The International Committee Of The Red Cross: An Evaluation, Halil Rahman Basaran Apr 2020

The International Committee Of The Red Cross: An Evaluation, Halil Rahman Basaran

Indonesian Journal of International Law

The International Committee of the Red Cross (ICRC) is explicitly mentioned in the 1949 Geneva Conventions and the 1977 Additional Protocols thereto. These explicit references to the ICRC entail respect for and recognition of the ICRC as the oldest humanitarian institution. However, this explicitness does not imply, suggest or confirm legal superiority of the ICRC over other humanitarian institutions, nor does it make the ICRC the exclusive humanitarian organization. Humanitarian assistance can be legally and legitimately undertaken by other humanitarian organizations as well. The practical influence of the ICRC is greater than that of any other NGO. Arguably, the survival …

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Issues Of International Cooperation Of The Prosecutors’ Office Of The Republic Of Uzbekistan In The Framework Of Interaction With International Organizations, D. Valijonov Apr 2020

Issues Of International Cooperation Of The Prosecutors’ Office Of The Republic Of Uzbekistan In The Framework Of Interaction With International Organizations, D. Valijonov

Review of law sciences

The article focuses on the issues of international cooperation on provision of legal assistance in criminal sphere, such as extradition. Besides that, the article is dedicated to the matters concerning the cooperation of Prosecutor′s Office in terms of fighting against crime with regional international organizations.

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Definition Of The Term-The Concept Of «Succession Of States» In Modern International Law, R. Khakimov Apr 2020

Definition Of The Term-The Concept Of «Succession Of States» In Modern International Law, R. Khakimov

Review of law sciences

Author analysis and gives new comprehension of contemporary problems of states- succession in international law, theoretical aspects, elaboration of recommendations to improve legislation in force both on international and national levels etc. In legal sciences of the Republic of Uzbekistan it was the first attempt undertaken to explore the contemporary trends in theory and practices regarding the settlement of modern issues of the succession of states and its application in international law. The example of Uzbekistan was also analyzed.

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Formation Of An International Legal Concept Of Access To Justice For Minors, F. Miruktamova Apr 2020

Formation Of An International Legal Concept Of Access To Justice For Minors, F. Miruktamova

Review of law sciences

The article is devoted to topical issues of formation and development of access to justice for minors. The author explains the concept of "access to justice” and analyzes the formation and international legal basis of the concept of access to justice for minors. International standards in the field of juvenile justice are considered. The article presents the philosophical foundations of the concept of restorative justice. Access to justice is defined by the author as the existence of institutional and procedural guarantees that ensure the right of potential participants in the process to receive fair justice..

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International Lawyers As Disrupters Of Corruption: Business And Human Rights In Africa’S Most Populous Country—Nigeria, Jayanth K. Krishnan Apr 2020

International Lawyers As Disrupters Of Corruption: Business And Human Rights In Africa’S Most Populous Country—Nigeria, Jayanth K. Krishnan

Northwestern Journal of Human Rights

Be it bribery, embezzlement, or the abuse of public trust, corruption poses a major challenge to global security and democratic governance, along with undermining the rule of law, especially within the Global South. Key to this phenomenon is understanding how lawyers are enabling but also disrupting this epidemic. Unfortunately, the literature on this subject is lacking. This study, therefore, offers a nuanced story of globalization and the complicated role that lawyers play in corruption, by relying on the case study of Nigeria—a crucial Global South market that has the largest population on the African continent. While Nigeria has been able …

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Irena At 10: Post Paris Transitions And Energy Diplomacy Beyond Opec, The Energy Charter Treaty, And The Coronavirus, Nadia B. Ahmad Apr 2020

Irena At 10: Post Paris Transitions And Energy Diplomacy Beyond Opec, The Energy Charter Treaty, And The Coronavirus, Nadia B. Ahmad

Faculty Scholarship

No abstract provided.

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Empowering Persons With Disabilities: Socio-Economic Rights As A Pathway To Personal Autonomy And Independence, Francesco Seatzu Apr 2020

Empowering Persons With Disabilities: Socio-Economic Rights As A Pathway To Personal Autonomy And Independence, Francesco Seatzu

Northwestern Journal of Human Rights

Recent years have witnessed a growing awareness of the importance of the status of persons with disabilities as right-holders, and increasing linkages being made between human rights and persons with disabilities’ vulnerabilities in the development context. Stimulated by mounting concerns about the impact of the financial crisis of 2007–2008 on persons with disabilities, these changes have unsurprisingly catalyzed attention on those rights of persons with disabilities that are most closely connected to ensuring persons with disabilities’ development needs—namely their social and economic rights. Focusing on the content of, and duties imposed by, persons with disabilities’ socio-economic rights, this article starts …

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Corporate Social Responsibility, Casino Capitalism, And The Constitution Of Macau, Jason Buhi Apr 2020

Corporate Social Responsibility, Casino Capitalism, And The Constitution Of Macau, Jason Buhi

Faculty Scholarship

No abstract provided.

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America's New Covenant With Hong Kong: The Hong Kong Human Rights And Democracy Act Of 2019, Jason Buhi Apr 2020

America's New Covenant With Hong Kong: The Hong Kong Human Rights And Democracy Act Of 2019, Jason Buhi

Faculty Scholarship

No abstract provided.

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Introductory Note: Georgia V. Russia (European Court Of Human Rights), Milena Sterio Apr 2020

Introductory Note: Georgia V. Russia (European Court Of Human Rights), Milena Sterio

Law Faculty Articles and Essays

In a January 31, 2019 decision, the European Court of Human Rights (ECtHR, or Court) held that Russia, the respondent state, should pay Georgia, the applicant state, 10 million euros as just satisfaction for violations committed by Russia against Georgian nationals; these violations had previously been established in the Court's main judgment in 2014 (Georgia v. Russia). The Court also held that Georgia should distribute this amount to approximately fifteen hundred Georgian victims, which had been identified in the Court's main judgment in 2014. In this important decision, the ECtHR continued to build on its recent case law, in holding …

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Islam, Democracy, And The Leadership Role Of Women In Government, Leea Collard Apr 2020

Islam, Democracy, And The Leadership Role Of Women In Government, Leea Collard

Senior Honors Theses

This thesis examines the relationship between Islam, democratic government, and the governmental leadership of women in the Middle East, North Africa, and Turkey (MENAT). In order to understand female leadership in this region, the compatibility between Islam and democracy is analyzed. This occurs through the examination of Sharia Law and democratic principles within Islam. Furthermore, a statistical analysis of the successes of democracies in the region will be presented. Each nation will be categorized by the constitutional provisions entrusted to its female citizens. Thus, this thesis will present the legality of the political participation of women in each of the …

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Reimagining Reproductive Rights Jurisprudence In India: Reflections On The Recent Decisions On Privacy And Gender Equality From The Supreme Court Of India, Dipika Jain, Payal K. Shah Apr 2020

Reimagining Reproductive Rights Jurisprudence In India: Reflections On The Recent Decisions On Privacy And Gender Equality From The Supreme Court Of India, Dipika Jain, Payal K. Shah

Human Rights Institute

In July 2018, twenty-year-old Sarita approached the Supreme Court of India seeking permission to terminate her twenty-five-week pregnancy. Sarita was a domestic violence survivor and suffered from other health complications due to epilepsy. She had learned of her pregnancy at seventeen weeks and her petition stated that she had become pregnant as a result of her husband’s refusal to use contraceptives. At twenty-one weeks, when she first approached the Bombay High Court, Sarita was just one week over the legal limit specified in the 1971 Medical Termination of Pregnancy (MTP Act), which permits termination of pregnancies on certain grounds up …

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Comment On Us Trade And Investment Agreements Submitted To Ustr, Columbia Center On Sustainable Investment Apr 2020

Comment On Us Trade And Investment Agreements Submitted To Ustr, Columbia Center On Sustainable Investment

Columbia Center on Sustainable Investment Staff Publications

Comments to USTR Re: U.S.-Kenya Trade Agreement (April 28, 2020): CCSI, in response to the United States Trade Representative’s request for public comment to inform its approach to a U.S.-Kenya Trade Agreement, submitted Comments elaborating on our main points that (1) investor-state dispute settlement should not be included in any U.S.-Kenya agreement and (2) principles that should guide an investment chapter or investment provisions in any such agreement should (a) strategically support cross-border investment that produces positive development outcomes for the U.S. and Kenya, (b) facilitate and support good governance of investment projects, and (c) enhance cooperation to solve challenges …

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European Citizens' Attitudes Towards The European Union And Integration, And The Question Of Sovereignty, Dylan Hruska Apr 2020

European Citizens' Attitudes Towards The European Union And Integration, And The Question Of Sovereignty, Dylan Hruska

Political Science Theses and Capstones

Since the referendum in 2016 that stated the United Kingdom was to leave the EU, many were wondering what caused them to leave. Many point to the theory that integration into the European Union was the cause, however we will look into other factors such as attitudes by analyzing the works of theorists, researchers, professors, and others to answer the question if the EUs encroachment on sovereignty, rise of nationalism, and the attitudes towards the EU are the possible factors to leaving the EU. I analyze political identities, occupation, and overall feelings on the EU and EU policies to see …

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Table Of Contents, Cardozo International & Comparative Law Review, Vol. 3, Iss. 3 Apr 2020

Table Of Contents, Cardozo International & Comparative Law Review, Vol. 3, Iss. 3

Cardozo International & Comparative Law Review

No abstract provided.

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2020 Spring - Clihhr Newsletter, Cardozo Law Institute In Holocaust And Human Rights (Clihhr) Apr 2020

2020 Spring - Clihhr Newsletter, Cardozo Law Institute In Holocaust And Human Rights (Clihhr)

CLIHHR Newsletters

This Spring 2020 issue of the CLIHHR Newsletter documents the Institute’s legal advocacy, research, and educational initiatives during the early stages of the COVID-19 pandemic. It features commentary on human rights and public health, the launch of structural violence teaching guides, recognition of Professor Gabor Rona’s work by the International Criminal Court, student amicus advocacy for Indigenous communities in Brazil, virtual clinic achievements, faculty outreach, and alumni and student spotlights. The newsletter reflects CLIHHR’s continued commitment to international justice, accountability, and human rights education in a time of global crisis.

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Human Trafficking As "Modern Slavery": The Trouble With Trafficking As Enslavement In International Law, Cody Corliss Apr 2020

Human Trafficking As "Modern Slavery": The Trouble With Trafficking As Enslavement In International Law, Cody Corliss

South Carolina Law Review

No abstract provided.

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Nietzsche And The Law Of The “The Other”: The Jew In Refraction, Jeffrey Meyers Apr 2020

Nietzsche And The Law Of The “The Other”: The Jew In Refraction, Jeffrey Meyers

Cardozo International & Comparative Law Review

This article asks what Nietzsche might tell us about the possibility and conditions of having knowledge of the legal other or "the Other" in law. lthough not a familiar formulation, this line of inquiry must be permitted to take shape because it goes directly to the most basic theoretical conundrum of comparative law. This conundrum lies well beyond the moribund debate over the purported "commensurability'" or "incommensurability" of differing legal "systems" or "traditions. " Instead it takes comparative lawyers to task by asking them to explain how they might know, or hope to have knowledge of legal otherness. In this …

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