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Articles 6061 - 6090 of 31979
Full-Text Articles in International Law
Masthead
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
The Push For Corporate Human Trafficking Compliance Under The Trends Of Global Legislation, Adam Banks
The Push For Corporate Human Trafficking Compliance Under The Trends Of Global Legislation, Adam Banks
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Throwing A Flag On Roger Goodell’S Heavy Hand: A Comparison Of Nfl And Fifa Discipline And Dispute Resolution Mechanisms, Sean W. Pie
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Wherever We Go, We Leave A Trail: Surveillance And Sousveillance In The United States And United Kingdom, Allison Amatuzzo
Wherever We Go, We Leave A Trail: Surveillance And Sousveillance In The United States And United Kingdom, Allison Amatuzzo
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
It’S Dark And Hell Is Hot: Third Party Complicity In Jus In Bello Detainee Abuse And Torture, Charles L. Deibel, Ii
It’S Dark And Hell Is Hot: Third Party Complicity In Jus In Bello Detainee Abuse And Torture, Charles L. Deibel, Ii
Penn State Journal of Law & International Affairs (2012 - Present)
“‘Do not try to do too much with your own hands.’”
Obtaining Relief Under The Convention Against Torture: On The Issue Of Volition, Thomas F. Brier, Jr., Esq.
Obtaining Relief Under The Convention Against Torture: On The Issue Of Volition, Thomas F. Brier, Jr., Esq.
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
“Foreign Agents,” Sovereignty, And Political Pluralism: How The Russian Foreign Agents Law Is Shaping Civil Society, Alexandra V. Orlova
“Foreign Agents,” Sovereignty, And Political Pluralism: How The Russian Foreign Agents Law Is Shaping Civil Society, Alexandra V. Orlova
Penn State Journal of Law & International Affairs (2012 - Present)
During the 1990s, many Russian non-governmental organizations (“NGOs”) secured foreign funding and participated in transnational advocacy networks. However, in the early 2000s, Russian authorities attempted to regain control over foreign-funded NGOs’ activities, presenting these NGOs as national security threats. The 2012 Russian Foreign Agents Law and the resulting 2018 challenge before the European Court of Human Rights reflect contemporary Russian political rhetoric that views Western governments and their agents, including NGOs, as threats to Russian sovereignty and national security. However, legal challenges also de-politicize the issues by forcing all parties into the framework of legal argument, reflecting the decline of …
Legalization And Norm Internalization: An Empirical Study Of International Human Rights Commitments Eliciting Public Support For Compliance, Matthew D. Kim, Ph.D.
Legalization And Norm Internalization: An Empirical Study Of International Human Rights Commitments Eliciting Public Support For Compliance, Matthew D. Kim, Ph.D.
Penn State Journal of Law & International Affairs (2012 - Present)
Past studies argue that states abide by international human rights laws because the ratification of human rights treaties elicits public demand for compliance. Yet, the extent to which human rights treaties affect public support for compliance is unclear. At times, legalization of norms seems to elicit substantial public support for compliance, but at other times, legalization seems to have little effect. This study incorporates the life cycle of norms to arrive at a deeper understanding of the conditions in which international legal commitments to human rights generate public support for compliance with human rights norms. Using a series of survey …
Armed Groups And The Protection Of Health Care, Ezequiel Heffes
Armed Groups And The Protection Of Health Care, Ezequiel Heffes
International Law Studies
That armed groups have been responsible for attacks against health care personnel and for violating the protection of health care is not news. This is one of the greatest humanitarian challenges of contemporary armed conflict. Armed groups, however, have also attempted to evacuate and treat wounded enemy fighters and civilians and, in certain contexts, they have even provided health care services for the civilian population living in the territories under their control. This article describes some of the key issues related to the variation of armed groups’ behaviors when dealing with the protection of health care, inquiring into why some …
Comparative Analysis Of The Eu’S Gdpr And Brazil’S Lgpd: Enforcement Challenges With The Lgpd, Abigayle Erickson
Comparative Analysis Of The Eu’S Gdpr And Brazil’S Lgpd: Enforcement Challenges With The Lgpd, Abigayle Erickson
Brooklyn Journal of International Law
In the wake of the adoption of the European Union’s General Data Protection Regulation (GDPR) in May 2018, other countries and jurisdictions have contemplated personal data privacy legislation. In August 2018, the former president of Brazil, Michel Temer, signed the country’s comprehensive data privacy regulation, Lei Geral de Proteção de Dados Pessoais (LGPD), into law. Temer, however, vetoed many of the enforcement provisions. Shortly before leaving office, Temer signed an executive order creating a regulatory agency as the bill initially called for, but situated the agency under executive control instead of creating a wholly independent agency. This Note provides a …
Vol. 52, No. 2 Table Of Contents
Vol. 52, No. 2 Table Of Contents
Cornell International Law Journal
No abstract provided.
Organ Donations: Why The Gift Of Life Ideology Is Losing Lives, Dylan Fukai
Organ Donations: Why The Gift Of Life Ideology Is Losing Lives, Dylan Fukai
UC Law SF International Law Review
As people around the world continue to die on organ transplant waiting lists, the international community sits idly by, hoping that human kindness will solve the growing need for organs. Current altruistic systems have proven to be inadequate to close the gap between the high demand for organs and the limited supply of legally available organs. The international community’s aversion toward legal organ sales and the current issues stemming from the illegal organ market continue to impede progress toward saving lives. However, some nations have begun to transition from strictly altruistic organ transplantation systems. One example of a non-altruistic organ …
Pharmaceutical Industry Funding To Patient-Advocacy Organizations: A Cross-National Comparison Of Disclosure Codes And Regulation, Laura Karas, Robin Feldman, Ge Bai, So Yeon Kang, Gerard F. Anderson
Pharmaceutical Industry Funding To Patient-Advocacy Organizations: A Cross-National Comparison Of Disclosure Codes And Regulation, Laura Karas, Robin Feldman, Ge Bai, So Yeon Kang, Gerard F. Anderson
UC Law SF International Law Review
Transparency has become one of the primary themes in health care reform efforts in the United States and across the world. In the face of exorbitant drug prices, high levels of patient cost-sharing, and pharmaceutical expenditures that consume a growing proportion of public sector budgets, much attention has been drawn to the pharmaceutical industry. Congressional investigations, academic publications, and news articles have endeavored to reveal the extent of drug and device industry influence on health care actors. In response, several nations, including the United States, have passed legislation mandating disclosure of drug company payments to physicians. In the United States, …
The Rule Of Law And The Exploitation Of Children In Africa, John Mukum Mbaku
The Rule Of Law And The Exploitation Of Children In Africa, John Mukum Mbaku
UC Law SF International Law Review
The abuse and exploitation of children is a major public policy priority for all African countries. Throughout the continent, children are routinely abused and exploited as sex objects; tools in the production of various goods, including cocoa, gold, and various minerals, as well as, services, such as pornography and prostitution; and, as child soldiers to fight in sectarian conflicts and civil wars. Children in Africa are exploited and abused by both domestic and external or foreign actors and these include, but are not limited to, family members and community leaders, foreign tourists who seek the continent’s children for sex, and …
Legislating The Right-To-Die With Dignity In A Confucian Society—Taiwan’S Patient Right To Autonomy Act, Chih-Hsiung Chen
Legislating The Right-To-Die With Dignity In A Confucian Society—Taiwan’S Patient Right To Autonomy Act, Chih-Hsiung Chen
UC Law SF International Law Review
In Confucian societies, people tend to avoid the discussion on death matters, let alone making advance directives to reject life-sustaining treatments at the end of life. Taiwan might be a pioneer in legislating the right-to-die with dignity among Confucian countries. As early as 2000, the Hospice Palliative Care Act was declared in Taiwan, which give terminally-ill patients the options to forgo life-sustaining treatments. Furthermore, in 2016, Taiwan passed the Patient Right to Autonomy Act to enhance patients’ choice at the end of life and expanded the coverage to certain types of nonterminally ill patients. On the other hand, end-of-life issues …
It's Complicated: The Challenge Of Prosecuting Tncs For Criminal Activity Under International Law, Jena Martin
It's Complicated: The Challenge Of Prosecuting Tncs For Criminal Activity Under International Law, Jena Martin
Faculty & Staff Scholarship
This essay aims to tackle an increasingly thorny and relevant issue: what do you do if a Transnational Corporation (TNC) commits a crime? The question raises a number of challenges, both philosophically and practically. First, what does it mean to prosecute an organization? Although there are some limited examples (the United States’ prosecution of accounting firm Arthur Andersen being among the most note-worthy), we have relatively little precedence regarding what this would entail; how exactly do you put a corporation on trial? Second, practically speaking, where do you hold the trial? This challenge is magnified by the fact that, by …
Uncitral Working Group Iii On Isds Reform: How Cross-Cutting Issues Reshape Reform Options, Lorenzo Cotula, Thierry Berger, Lise Johnson, Brooke Güven, Jesse Coleman
Uncitral Working Group Iii On Isds Reform: How Cross-Cutting Issues Reshape Reform Options, Lorenzo Cotula, Thierry Berger, Lise Johnson, Brooke Güven, Jesse Coleman
Columbia Center on Sustainable Investment Staff Publications
The United Nations Commission on International Trade Law (UNCITRAL) is currently working on how to reform international investment treaties, focusing in particular on those treaties’ provisions enabling investors to sue governments in international arbitration. As an observer organization in this process, CCSI has emphasized that in the context of investor-state dispute settlement (ISDS) reform, it is important to first consider what it is that investment treaties aim to achieve, and only then to consider what form(s) of dispute settlement will best advance those objectives. This means not only looking at reform of the existing ISDS mechanism, but also alternatives to …
Draft Text Providing For Transparency And Prohibiting Certain Forms Of Third-Party Funding In Investor–State Dispute Settlement, Brooke Güven, Lise Johnson, Nathalie Bernasconi-Osterwalder, Lorenzo Cotula, Jane Kelsey
Draft Text Providing For Transparency And Prohibiting Certain Forms Of Third-Party Funding In Investor–State Dispute Settlement, Brooke Güven, Lise Johnson, Nathalie Bernasconi-Osterwalder, Lorenzo Cotula, Jane Kelsey
Columbia Center on Sustainable Investment Staff Publications
The United Nations Commission on International Trade Law (UNCITRAL) is currently working on how to reform international investment treaties, focusing in particular on those treaties’ provisions enabling investors to sue governments in international arbitration. As an observer organization in this process, CCSI has emphasized that in the context of investor-state dispute settlement (ISDS) reform, it is important to first consider what it is that investment treaties aim to achieve, and only then to consider what form(s) of dispute settlement will best advance those objectives. This means not only looking at reform of the existing ISDS mechanism, but also alternatives to …
Third-Party Rights In Investor-State Dispute Settlement: Options For Reform, Jesse Coleman, Lise Johnson, Brooke Güven, Lorenzo Cotula, Thierry Berger
Third-Party Rights In Investor-State Dispute Settlement: Options For Reform, Jesse Coleman, Lise Johnson, Brooke Güven, Lorenzo Cotula, Thierry Berger
Columbia Center on Sustainable Investment Staff Publications
The United Nations Commission on International Trade Law (UNCITRAL) is currently working on how to reform international investment treaties, focusing in particular on those treaties’ provisions enabling investors to sue governments in international arbitration. As an observer organization in this process, CCSI has emphasized that in the context of investor-state dispute settlement (ISDS) reform, it is important to first consider what it is that investment treaties aim to achieve, and only then to consider what form(s) of dispute settlement will best advance those objectives. This means not only looking at reform of the existing ISDS mechanism, but also alternatives to …
Draft Treaty Language: Withdrawal Of Consent To Arbitrate And Termination Of International Investment Agreements, Brooke Güven, Lise Johnson
Draft Treaty Language: Withdrawal Of Consent To Arbitrate And Termination Of International Investment Agreements, Brooke Güven, Lise Johnson
Columbia Center on Sustainable Investment Staff Publications
The United Nations Commission on International Trade Law (UNCITRAL) is currently working on how to reform international investment treaties, focusing in particular on those treaties’ provisions enabling investors to sue governments in international arbitration. As an observer organization in this process, CCSI has emphasized that in the context of investor-state dispute settlement (ISDS) reform, it is important to first consider what it is that investment treaties aim to achieve, and only then to consider what form(s) of dispute settlement will best advance those objectives. This means not only looking at reform of the existing ISDS mechanism, but also alternatives to …
Briefing For Civil Society Organizations – Understanding Commercial Eucalyptus Plantations: How Do They Work And What Are Their Environmental Impacts?, Columbia Center On Sustainable Investment
Briefing For Civil Society Organizations – Understanding Commercial Eucalyptus Plantations: How Do They Work And What Are Their Environmental Impacts?, Columbia Center On Sustainable Investment
Columbia Center on Sustainable Investment Staff Publications
If a company wants to use a community’s land for eucalyptus plantations, the community should think carefully about whether this is a good idea. Civil society organizations that support communities can use this briefing to help communities understand the potential environmental impacts the community should be aware of. The briefing explains plantation forestry and the life-cycle of eucalyptus tree plantations. It also notes the different possible negative environmental impacts of eucalyptus plantations before exploring how this information can be factored into community decision-making about a proposed eucalyptus plantation. While the briefing focuses on eucalyptus plantations, a lot of it will …
Commercial Surrogacy Is The Sale Of Children? An Argument That Commercial Surrogacy Does Not Violate International Treaties, Lily Johnson
Commercial Surrogacy Is The Sale Of Children? An Argument That Commercial Surrogacy Does Not Violate International Treaties, Lily Johnson
Washington International Law Journal
Rates of commercial surrogacy have risen with the proliferation of in vitro fertilization. The process is unique in allowing intending parents the opportunity to raise a child of their own genetic material even if they cannot procreate through their own bodies. However, commercial surrogacy has been abused and caused physical and legal problems for all parties involved. In an attempt to remedy the problems associated commercial surrogacy, some scholars and humanitarians claim commercial surrogacy is already illegal under an international treaty that bans the sale of children. These legal scholars and human rights advocates argue that commercial surrogacy is the …
A Third Way Of Thinking About Cultural Property, Lucas Lixinski
A Third Way Of Thinking About Cultural Property, Lucas Lixinski
Brooklyn Journal of International Law
The article argues that the dichotomy between nationalism and internationalism with respect to cultural property, while formative, has outlived its utility, and in many respects compromised the viability of the public good it aims to safeguard. Focused on the example of cultural property in international law, this article argues for more community-centric forms of governance, beyond the interests of states and an undefined “international.” It extrapolates the lessons from cultural property to other forms of resource governance in international law.
Safeguarding Democracy In Europe: A Bulwark Against Hungary’S Subversion Of Civil Society, Hannah J. Sarokin
Safeguarding Democracy In Europe: A Bulwark Against Hungary’S Subversion Of Civil Society, Hannah J. Sarokin
Brooklyn Journal of International Law
Spurred in large part by a mounting humanitarian crisis in Syria, the 2015 migrant crisis exposed deeply rooted fractures within the European Union regarding refugee resettlement. While the European Union worked to develop a synchronized response to the influx of refugees and asylees, Hungary defiantly sought to close its borders. In doing so, the Hungarian government targeted not only those seeking refuge, but its own civil society. In a series of opaque and overtly punitive legislative acts passed in the summer of 2018, Hungary criminalized any civil society activities that facilitate or assist with immigration. This Note will analyze the …
Why Women: Judging Transnational Courts And Tribunals, Bridget J. Crawford, Kathryn M. Stanchi, Linda L. Berger
Why Women: Judging Transnational Courts And Tribunals, Bridget J. Crawford, Kathryn M. Stanchi, Linda L. Berger
Elisabeth Haub School of Law Faculty Publications
Calls for greater representation of women on the bench are not new. Many people share the intuition that having more female judges would make a difference to the decisions that courts might reach or how courts arrive at those decisions. This hunch has only equivocal empirical support, however. Nevertheless legal scholars, consistent with traditional feminist legal methods, persist in asking how many women judges there are and what changes might bring more women to the bench. This essay argues that achieving diversity in international courts and tribunals – indeed on any bench – will not happen simply by having more …
Forging Taiwan’S Legal Identity, Margaret K. Lewis
Forging Taiwan’S Legal Identity, Margaret K. Lewis
Brooklyn Journal of International Law
The legal system in Taiwan is undergoing a transformation. Over a hundred years since the founding of the Republic of China and over thirty years since the end of martial law on Taiwan, a new legal identity is being forged. Public criticism of “dinosaur” judges and esoteric debates among law-trained elites have galvanized efforts to create a more inclusive discussion surrounding legal reforms. Taiwan is facing the challenge of moving from dinosaurs to dynamism. This Article argues that transparency, clarity, and participation both are animating principles of the current reform debate and are beginning to emerge as characteristics of Taiwan’s …
Roots Of Revolution: The African National Congress And Gay Liberation In South Africa, Joseph S. Jackson
Roots Of Revolution: The African National Congress And Gay Liberation In South Africa, Joseph S. Jackson
Brooklyn Journal of International Law
South Africa’s post-apartheid constitutions were the first in the world to contain an explicit prohibition of discrimination on grounds of sexual orientation, and that prohibition established the foundation for marriage equality and broad judicial and legislative protection of gay rights in South Africa. The source of this gay rights clause in the South African Constitution can be found in the African National Congress’s decision to include such a clause in the ANC’s A Bill of Rights for a New South Africa, published when the apartheid government of South Africa was still in power. This article traces the story of that …
Grinding Down The Edges Of The Free Expression Right In Hong Kong, Stuart Hargreaves
Grinding Down The Edges Of The Free Expression Right In Hong Kong, Stuart Hargreaves
Brooklyn Journal of International Law
In the liberal-democratic tradition limits on speech must be clear, precise, and subject to justification within the particular constitutional framework of a given jurisdiction. In the Hong Kong Special Administrative Region (HKSAR), the Court of Final Appeal has developed a line of jurisprudence that explains under which circumstances the Government of Hong Kong (Government) may seek to limit the free speech provisions contained within the Basic Law, Hong Kong's quasi-constitution. In its fight against ‘localists,’ however, rather than legislating a clear speech restriction that is consistent with this jurisprudence, the Government has instead attempted to suppress unwelcome political speech in …