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Articles 5581 - 5610 of 31978

Full-Text Articles in International Law

Defense Issues At The International Criminal Court, Megan A. Fairlie Jan 2020

Defense Issues At The International Criminal Court, Megan A. Fairlie

Georgia Journal of International & Comparative Law

No abstract provided.


The Icc In Latin America: An Old Friend With New Challenges, Naomi Roht-Arriaza Jan 2020

The Icc In Latin America: An Old Friend With New Challenges, Naomi Roht-Arriaza

Georgia Journal of International & Comparative Law

No abstract provided.


Does The New York Convention Allow A Non-Party To An Arbitration Agreement To Use Equitable Estoppel To Compel Arbitration?, Robert Jarvis Jan 2020

Does The New York Convention Allow A Non-Party To An Arbitration Agreement To Use Equitable Estoppel To Compel Arbitration?, Robert Jarvis

Faculty Scholarship

No abstract provided.


Indian Surrogacy: Ending Cheap Labor, Jaya Reddy Jan 2020

Indian Surrogacy: Ending Cheap Labor, Jaya Reddy

Santa Clara Journal of International Law

Indian Surrogacy: Ending Cheap Labor


Matter Of A-B- One Year Later: Winning Back Gender-Based Asylum Through Litigation And Legislation, Kate Jastram, Sayoni Maitra Jan 2020

Matter Of A-B- One Year Later: Winning Back Gender-Based Asylum Through Litigation And Legislation, Kate Jastram, Sayoni Maitra

Santa Clara Journal of International Law

Matter of A-B- One Year Later: Winning Back Gender-Based Asylum Through Litigation and Legislation


Biodiversity Impacts Of Investment And Free Trade Agreements, Lee C. Rarrick Jan 2020

Biodiversity Impacts Of Investment And Free Trade Agreements, Lee C. Rarrick

Pace Environmental Law Review

The following Article identifies the myriad ways in which international investment and free trade agreements interact with biodiversity. It categorizes these interactions into three main groups and provides a literature review of the various real-world and policy impacts. The first part analyses arbitration procedures in these agreements that investors and trade partners can invoke to protect their economic expectations from otherwise proper State action, including regulation that is intended to promote biodiversity. The next part evaluates biodiversity provisions that are included directly in the free trade and investment agreements themselves, or in side agreements thereto. Some of these provisions reference …


Seeing The Forest For The Trees: Public And Private Law Tools For Halting Deforestation, Harriette I. Resnick Jan 2020

Seeing The Forest For The Trees: Public And Private Law Tools For Halting Deforestation, Harriette I. Resnick

Pace Environmental Law Review

No abstract provided.


Coming To A Battlefield Near You: Quantum Computing, Artificial Intelligence, & Machine Learning’S Impact On Proportionality, Salahudin Ali Jan 2020

Coming To A Battlefield Near You: Quantum Computing, Artificial Intelligence, & Machine Learning’S Impact On Proportionality, Salahudin Ali

Santa Clara Journal of International Law

Coming to a Battlefield Near You: Quantum Computing, Artificial Intelligence, & Machine Learning’s Impact on Proportionality


The Killing Of Soleimani And International Law, Mary Ellen O'Connell Jan 2020

The Killing Of Soleimani And International Law, Mary Ellen O'Connell

NDLS in the News

On 3 January, missiles launched from a United States Reaper drone struck two vehicles leaving Baghdad’s international airport. At least seven people died in the attack, including the commander of Iran’s Quds force, General Qassem Soleimani. On 5 January, Iranian Major General Hossein Dehghan, reported to be the military adviser to Iran’s Supreme Leader, gave an exclusive interview to CNN and said Iran “would retaliate directly against US ‘military sites.’”


Twelve Key Questions On Self-Defense Against Non-State Actors, Terry D. Gill, Kinga Tibori-Szabó Jan 2020

Twelve Key Questions On Self-Defense Against Non-State Actors, Terry D. Gill, Kinga Tibori-Szabó

International Law Studies

This article examines the most pertinent questions relating to the applicability of the right of self-defense to attacks conducted by non-State armed groups (NSAGs) acting independently of State control from the territory of one or more States against the territory of another State. These questions are approached from the perspective of legality (does the right of self-defense apply to attacks not mounted by or under the control of a State) and modality (assuming the applicability of self-defense to such attacks; how do the principles of necessity, proportionality and immediacy affect its application)? Starting with an assessment of the place of …


On The Issue Of Increasing The Position Of The Republic Of Uzbekistan In International Ratings And Indices, I. A. Xamedov Jan 2020

On The Issue Of Increasing The Position Of The Republic Of Uzbekistan In International Ratings And Indices, I. A. Xamedov

International Relations: Politics, Economics, Law

The article discusses measures to create a favorable investment climate, improve the business environment and improve the position of the Republic of Uzbekistan in the international Doing Business index.


Succession Issues For Uzbekistan In Relation To Treaties Of The Predecessor State, R. T. Xakimov Jan 2020

Succession Issues For Uzbekistan In Relation To Treaties Of The Predecessor State, R. T. Xakimov

International Relations: Politics, Economics, Law

Аuthor analysis and gives new comprehension of contemporary problems of states succession in international law, 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.


Expansion Of The Activities Of Consular Offices To Attract Foreign Investment, Advanced Modern Technologies And Scientific Achievements, As Well As Expanding The Flow Of Tourists To The Republic Of Uzbekistan, A. K. Akhmedkhodjayev Jan 2020

Expansion Of The Activities Of Consular Offices To Attract Foreign Investment, Advanced Modern Technologies And Scientific Achievements, As Well As Expanding The Flow Of Tourists To The Republic Of Uzbekistan, A. K. Akhmedkhodjayev

International Relations: Politics, Economics, Law

This article presents an objective analysis of the system of consular offices of the Republic of Uzbekistan, a unified system, the legal framework of its activities, the main directions of its activities and its role in the currently changing system of international relations, as well as efforts to support the economy of Uzbekistan. As part of the study, institutional proposals were put forward to strengthen the consular posts of the Republic of Uzbekistan.


Covid-19 And Its Impact In The United States And European Union: A Tool To Circumvent Refugee Protection?, Marta Crebelli Jan 2020

Covid-19 And Its Impact In The United States And European Union: A Tool To Circumvent Refugee Protection?, Marta Crebelli

ILSA Journal of International & Comparative Law

No abstract provided.


Where There Is A Will, There Is No Way: Covid-19 And A Case For The Recognition Of E-Wills In India And Other Common Law Jurisdictions, Naman Anand, Dikshi Arora Jan 2020

Where There Is A Will, There Is No Way: Covid-19 And A Case For The Recognition Of E-Wills In India And Other Common Law Jurisdictions, Naman Anand, Dikshi Arora

ILSA Journal of International & Comparative Law

No abstract provided.


Ilsa Journal Of International And Comparative Law Jan 2020

Ilsa Journal Of International And Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.


The Pandemic Paradox In International Law, Peter G. Danchin, Jeremy Farrall, Shruti Rana, Imogen Saunders Jan 2020

The Pandemic Paradox In International Law, Peter G. Danchin, Jeremy Farrall, Shruti Rana, Imogen Saunders

Faculty Scholarship

No abstract provided.


Navigating The Backlash Against Global Law And Institutions, Peter G. Danchin, Jeremy Farrall, Jolyon Ford, Shruti Rana, Imogen Saunders, Daan Verhoeven Jan 2020

Navigating The Backlash Against Global Law And Institutions, Peter G. Danchin, Jeremy Farrall, Jolyon Ford, Shruti Rana, Imogen Saunders, Daan Verhoeven

Faculty Scholarship

No abstract provided.


Children In Armed Conflict, In The Oxford Handbook Of Children’S Rights Law (Jonathan Todres & Shani M. King Eds., 2020), Mark A. Drumbl Jan 2020

Children In Armed Conflict, In The Oxford Handbook Of Children’S Rights Law (Jonathan Todres & Shani M. King Eds., 2020), Mark A. Drumbl

Books and Chapters

This chapter addresses a particularly vulnerable population of children, namely, children associated with armed forces or armed groups. These children are colloquially known as child soldiers. This chapter begins by surveying the prevalence of child soldiering globally. It then sets out the considerable amount of international law that addresses children in armed conflict, in particular, the law that allocates responsibility for child soldiering and the law that sets out the responsibility of child soldiers for their conduct. The chapter identifies significant gaps between the law and the securing of positive outcomes for former child soldiers, notably when it comes to …


Fifty States, But No Room For The Stateless, In Atlas Of The Stateless: Facts And Figures About Exclusion And Displacement (Ulrike Lauerhass Et Al. Eds, 2020), David C. Baluarte Jan 2020

Fifty States, But No Room For The Stateless, In Atlas Of The Stateless: Facts And Figures About Exclusion And Displacement (Ulrike Lauerhass Et Al. Eds, 2020), David C. Baluarte

Books and Chapters

“Give me your tired, your poor / Your huddled masses yearning to breathe free...” says a plaque on the Statue of Liberty in New York. Since its founding, the United States has welcomed immigrants and has granted them citizenship. Their children born on American soil automatically become US nationals. The current US administration is trying to overturn this proud tradition.


Post-Genocide Justice In Rwanda, Mark A. Drumbl Jan 2020

Post-Genocide Justice In Rwanda, Mark A. Drumbl

Scholarly Articles

The Rwandan genocide triggered a vast number of criminal and quasi-criminal prosecutions. Rwanda therefore constitutes an example of a robust and rapid implementation of criminal accountability for atrocity. Rwanda, moreover, departed from other countries – such as South Africa – by eschewing a truth and reconciliation process as part of a transitional justice process. This chapter unpacks three levels of judicialization that promoted criminal responsibility for atrocity in Rwanda: the ICTR, specialized chambers of national courts, and gacaca proceedings. The ICTR indicted roughly 90 individuals, the national courts convicted in the area of 10,000 defendants (with some proceedings remaining ongoing), …


Protecting Stateless Refugees In The United States, David Baluarte Jan 2020

Protecting Stateless Refugees In The United States, David Baluarte

Scholarly Articles

This article proposes a more complete and nuanced consideration of statelessness in asylum adjudication procedures in the United States and the possibility of reopening previously denied asylum claims for this purpose. The article proceeds in four parts, beginning with a discussion of statelessness in the United States. Next, the article describes the international protection frameworks for both refugees and stateless persons and identifies important points of intersection between these frameworks. Then the article argues that discriminatory denationalization that renders a person stateless triggers refugee protection, thereby making victims of such deprivation eligible for asylum in the United States. The article …


Family In The Balance: Barton V. Barr And The Systematic Violation Of The Right To Family Life In U.S. Immigration Enforcement, David Baluarte Jan 2020

Family In The Balance: Barton V. Barr And The Systematic Violation Of The Right To Family Life In U.S. Immigration Enforcement, David Baluarte

Scholarly Articles

The United States systematically violates the international human right to family life in its system of removal of noncitizens. Cancellation of removal provides a means for noncitizens to challenge their removal based on family ties in the United States, but Congress has placed draconian limits on the discretion of immigration courts to cancel removal where noncitizens have committed certain crimes. The recently issued U.S. Supreme Court decision in Barton v. Barr illustrates the troubling trend of affording less discretion for immigration courts to balance family life in removal decisions that involve underlying criminal conduct. At issue was the “stop-time rule” …


Is It Time For Global Justice? International Human Rights And Wrongs In The 21st Century, Christopher J. Whelan Jan 2020

Is It Time For Global Justice? International Human Rights And Wrongs In The 21st Century, Christopher J. Whelan

Scholarly Articles

Human rights are controversial, yet the question posed in this Article – “is it time for Global Justice?” – begs several, critical, questions which must be addressed first. If humans disagree on which rights should be universal; if human rights are “little more than thistledown, springing up at random and blowing away as time’s whirligig spins,” then how on earth can there be international human rights?


Practice And Ontology Of Implied Human Rights In International Law, Federico Lenzerini Jan 2020

Practice And Ontology Of Implied Human Rights In International Law, Federico Lenzerini

Intercultural Human Rights Law Review

Since the XIXth Century, implied (unenumerated) rights have been widely recognized by the courts of several countries with the purpose of addressing the shortcomings existing in national constitutions with respect to the protection of the fundamental rights and freedoms of the human person. In the last decades, such a trend has been emulated by international human rights treaty bodies and regional courts, which use implied human rights to fill the gaps existing in human rights instruments. This practice increases the level of protection afforded to individuals and communities, achieving the goal of guaranteeing effectiveness of human rights.


Applying Maimonides’ Hilkhot Teshuvah–Laws Of Repentance – In The Criminal Law System Of The State Of Israel: An Israeli Judge’S Perspectives, Moshe Drori Jan 2020

Applying Maimonides’ Hilkhot Teshuvah–Laws Of Repentance – In The Criminal Law System Of The State Of Israel: An Israeli Judge’S Perspectives, Moshe Drori

Touro Law Review

No abstract provided.


Digitalisation And Its Impact On Innovation, Maurice E. Stucke, Ariel Ezrachi Jan 2020

Digitalisation And Its Impact On Innovation, Maurice E. Stucke, Ariel Ezrachi

Scholarly Works

Innovation is generally seen as good. Promoting innovation especially in the digital economy is often deemed vital. Increasing the level of innovation, after all, can promote sustainable development, economic growth, prosperity, and citizens’ overall welfare. So how can policy makers spur innovation in the digital economy? While there is no simple recipe, this study explores the interplay between innovation and the digital economy from the following seven angles: 1. Theoretical economic literature; 2. Macro view of current innovation levels; 3. Emerging trends in the digital economy; 4. Implications of sub-optimal innovation levels; 5. Variables that affect the supply of innovation; …


Masthead Jan 2020

Masthead

UC Law SF International Law Review

No abstract provided.


Negotiating The Implementation Of Children’S Right To Life With Bashar Al-Assad Regime: International Law And The Syrian Humanitarian Crisis, Yuri Mantilla Jan 2020

Negotiating The Implementation Of Children’S Right To Life With Bashar Al-Assad Regime: International Law And The Syrian Humanitarian Crisis, Yuri Mantilla

UC Law SF International Law Review

No abstract provided.


Delaware's New Competition, William J. Moon Jan 2020

Delaware's New Competition, William J. Moon

Faculty Scholarship

According to the standard account in American corporate law, states compete to supply corporate law to American corporations, with Delaware dominating the market. This “competition” metaphor in turn informs some of the most important policy debates in American corporate law.

This Article complicates the standard account, introducing foreign nations as emerging lawmakers that compete with American states in the increasingly globalized market for corporate law. In recent decades, entrepreneurial foreign nations in offshore islands have used permissive corporate governance rules and specialized business courts to attract publicly traded American corporations. Aided in part by a select group of private sector …