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Articles 6781 - 6810 of 31980

Full-Text Articles in International Law

Modern Application Of The Islamic Principle Of Brotherhood: An Assessment Of The Syrian Refugees’ Relocation Solution In Egypt, Shams Al Din Al Hajjaji Jun 2018

Modern Application Of The Islamic Principle Of Brotherhood: An Assessment Of The Syrian Refugees’ Relocation Solution In Egypt, Shams Al Din Al Hajjaji

San Diego International Law Journal

This Article argues that the Islamic principle of Brotherhood provides a feasible basis to solve the Arab refugee crisis. The Islamic solution is based on relocating Syrian refugees to Egypt. The solution has many positive factors that make it the most promising solution among the various other proposed solutions. The Syrian refugee crisis has been one of the major challenges for many Western countries, who have found themselves between a rock and a hard place, faced with two options. The first option involves agreeing to host the massive waves of refugees, to honor their principles of human dignity and morality. …


Proxy Access Voting: Evaluating Proxy Access And The Recent Phenomenon Of Corporations Adopting Shareholder Protective Policies, Danielle Vukovich Jun 2018

Proxy Access Voting: Evaluating Proxy Access And The Recent Phenomenon Of Corporations Adopting Shareholder Protective Policies, Danielle Vukovich

San Diego International Law Journal

Shareholders hold a financial stake in a corporation, and therefore are often viewed as owners of the corporation and believed to be in control for all corporate actions. However, their powers are circumscribed. Board of directors committees nominate directors to serve the corporation and these directors have the power to select the corporation’s officers. The committees provide shareholders a slate of proposed directors that are voted on and approved at the annual shareholder meeting. Shareholders may also propose their own slate of directors, but this typically requires a proxy contest, which can be expensive due to the costs both associated …


Crispr/Cas-9 Technologies: A Call For A New Form Of Tort, Kendall Lovell Jun 2018

Crispr/Cas-9 Technologies: A Call For A New Form Of Tort, Kendall Lovell

San Diego International Law Journal

Once relegated to the domains of science fiction, modern day scientists and researchers are poised on the precipice of making genome editing clinically available. Once introduced into a clinical setting the effects of an off-target mutation or germline edit will remain largely unknown until health issues arise later in life or in the following generation. The novelty of the injuries that will arise require a system that is able to balance the interests of physicians with single and multi-generational plaintiffs, while providing a realistic framework for courts to follow. This comment offers a brand-new context that accounts for these needs …


Legal Responses To The European Union’S Migration Crisis, Graham Butler Jun 2018

Legal Responses To The European Union’S Migration Crisis, Graham Butler

San Diego International Law Journal

The European Union (“EU”) imposes on itself its own constraints in which it performs as an external actor, and yet, there is little acknowledgment of this imposed constraint. It is the post-2015 migration crisis, an unexpected occurrence, which has brought the fields of EU external relation law and EU migration law together. Europe’s external border, on both land and sea, has tightened through legal acts of non-traditional nature, namely, the resort to securitisation and militarisation. Challenges, such as mass irregular migration, require more than just individual responses from a few selected Member States that are directly affected by the issue. …


Regulating Fintech: Lessons From Africa, Anton Didenko Jun 2018

Regulating Fintech: Lessons From Africa, Anton Didenko

San Diego International Law Journal

Technological innovation in finance (“FinTech”) has been on the rise in recent years, creating new challenges for regulators. These challenges vary significantly depending on the region in question and type of economy, not least because different technologies are applied to tackle different problems. This Article focuses on regulatory frameworks of two leading jurisdictions in terms of FinTech development in Sub-Saharan Africa: Kenya and South Africa. As the developments in the region cannot be analyzed in isolation from the global trends in FinTech regulation, this Article approaches the matter systematically. It starts by clarifying the existing terminology and preparing a comprehensive …


The Uncertain Future Of Australia’S Pacific Solution, Chandra Roam Jun 2018

The Uncertain Future Of Australia’S Pacific Solution, Chandra Roam

San Diego International Law Journal

The plight of a refugee is one that many of us will never understand. However, the ugly truth is that there is a global rise in the number of displaced persons seeking asylum. By the end of 2015, the number of displaced persons surpassed post World War II numbers, prompting developed nations around the world to enforce, amend, or implement policies targeted at controlling the flood of refugees at their borders. This Comment examines the policies of Australia, a nation that has had strict immigration policies in place for decades. Specifically, it discusses the Australian stance on refugee migration and …


Duty To Render Assistance To Mariners In Distress During Armed Conflict At Sea: A U.S. Perspective, Raul (Pete) Pedrozo Jun 2018

Duty To Render Assistance To Mariners In Distress During Armed Conflict At Sea: A U.S. Perspective, Raul (Pete) Pedrozo

International Law Studies

In 2017, the International Committee of the Red Cross published an updated Commentary on the Second Geneva Convention. One question left unanswered by the new Commentary is the relationship between international humanitarian law and other international treaties applicable to the maritime domain, such as the U.N. Convention on the Law of the Sea (UNCLOS) and treaties adopted by the International Maritime Organization (IMO). The Second Geneva Convention establishes a legal framework for the humane treatment and protection of victims of armed conflict at sea—the wounded, sick and shipwrecked. There are circumstances, however, in which the belligerents do not have the …


Book Review: Business And Commercial Litigation In Federal Courts (Fourth), Roger Z. Bollman Jun 2018

Book Review: Business And Commercial Litigation In Federal Courts (Fourth), Roger Z. Bollman

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Failing Our Workers: How The Fmla And Rfra Disadvantage Female Workers In The United States When Compared To Their European Union Counterparts, Penelope Scudder Jun 2018

Failing Our Workers: How The Fmla And Rfra Disadvantage Female Workers In The United States When Compared To Their European Union Counterparts, Penelope Scudder

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


One Size Fits All: Unaccompanied Alien Children And The Right To Appointed Counsel, Ginny Nunez, Esq. Jun 2018

One Size Fits All: Unaccompanied Alien Children And The Right To Appointed Counsel, Ginny Nunez, Esq.

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Child Soldiers In Myanmar: Role Of Myanmar Government And Limitations Of International Law, Prajakta Gupte Jun 2018

Child Soldiers In Myanmar: Role Of Myanmar Government And Limitations Of International Law, Prajakta Gupte

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


The "Leniency Epidemic": A Study Of Leniency Granted To Convicted Rapists In America And Australia, Kathleen Tierney Jun 2018

The "Leniency Epidemic": A Study Of Leniency Granted To Convicted Rapists In America And Australia, Kathleen Tierney

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


A Prescription To Cure The High Cost Of Pharmaceuticals In America, Anthony J. Jensen Jun 2018

A Prescription To Cure The High Cost Of Pharmaceuticals In America, Anthony J. Jensen

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


U.S. Policy In The Arctic: The Implications Of The South China Sea Arbitration Award On American Policy And Unclos, Brian Finneran Jun 2018

U.S. Policy In The Arctic: The Implications Of The South China Sea Arbitration Award On American Policy And Unclos, Brian Finneran

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


How Principles Of Sharia Law Could Encourage Savings By America's Poor, Joseph M. Ruth Jun 2018

How Principles Of Sharia Law Could Encourage Savings By America's Poor, Joseph M. Ruth

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Vigilante "Justice": The Need For An International Response To End President Duterte's Lawless Antidrug Campaign In The Philippines, Daniel Sawey Jun 2018

Vigilante "Justice": The Need For An International Response To End President Duterte's Lawless Antidrug Campaign In The Philippines, Daniel Sawey

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Untangling The Complicated Relationship Between International Humanitarian Law And Human Rights Law In Armed Conflict, Waseem Ahmad Qureshi Jun 2018

Untangling The Complicated Relationship Between International Humanitarian Law And Human Rights Law In Armed Conflict, Waseem Ahmad Qureshi

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


A Conceptual Incongruence Between International Laws Of Self-Defense And The International Core Crime Of Aggression, Salar Abbasi Jun 2018

A Conceptual Incongruence Between International Laws Of Self-Defense And The International Core Crime Of Aggression, Salar Abbasi

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Nato, The Eu, And The Arab Refugee Crisis, Shams Al Din Al Hajjaji Jun 2018

Nato, The Eu, And The Arab Refugee Crisis, Shams Al Din Al Hajjaji

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Pushing A Right To Abortion Through The Back Door: The Need For Integrity In The U.N. Treaty Monitoring System, And Perhaps A Treaty Amendment, Andrea Stevens Jun 2018

Pushing A Right To Abortion Through The Back Door: The Need For Integrity In The U.N. Treaty Monitoring System, And Perhaps A Treaty Amendment, Andrea Stevens

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Anti-Conversion Laws And The International Response, Meghan G. Fischer Jun 2018

Anti-Conversion Laws And The International Response, Meghan G. Fischer

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Foreward Jun 2018

Foreward

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Table Of Contents Jun 2018

Table Of Contents

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Dedications Jun 2018

Dedications

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Jlia Masthead 2017-2018 Jun 2018

Jlia Masthead 2017-2018

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.


Hollywood’S Red Dawn: China’S Restrictions On American Film, Taylor Shortal Jun 2018

Hollywood’S Red Dawn: China’S Restrictions On American Film, Taylor Shortal

The Business, Entrepreneurship & Tax Law Review

The Chinese film market has undergone unprecedented expansion in the past 17 years. As North American box office revenues drop, Hollywood film studios often rely on the Chinese market to balance the costs of blockbuster films. However, Beijing maintains strict regulations on China’s film imports, including annual quotas on the number of foreign films released, limits on the share of grosses Hollywood studios can receive from their films, and content censorship based on Communist Party directives. Many of these regulations are designed to incentivize Hollywood studios to co-produce films with Chinese companies. Through co-production agreements, Beijing anticipates that Chinese filmmakers …


Combating Climate Reclacitrance: Carbon-Related Border Tax Adjustments In A New Era Of Global Climate Governancec, David A.C. Bullock Jun 2018

Combating Climate Reclacitrance: Carbon-Related Border Tax Adjustments In A New Era Of Global Climate Governancec, David A.C. Bullock

Washington International Law Journal

This article argues that carbon-related border tax adjustments (“CRBTAs”) can be used effectively to complement the compliance mechanisms of the Paris Agreement against a truly recalcitrant party. The soft enforcement mechanisms envisioned by the Paris Agreement—facilitative assistance and political or moral suasion—are unlikely to provide a sufficient response to a party that becomes truly recalcitrant. CRBTAs provide parties to the Paris Agreement with a hard-edged economic tool able to respond to a party that disavows the Paris regime. This article outlines the features of a CRBTA regime that would be lawful under the General Agreement on Tariffs and Trade and …


V.19-2, 2018 Masthead Jun 2018

V.19-2, 2018 Masthead

San Diego International Law Journal

No abstract provided.


Private Property Rights And The Public Interest In Exploration Of Outer Space, Frans G. Von Der Dunk Jun 2018

Private Property Rights And The Public Interest In Exploration Of Outer Space, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

The impending missions to exploit natural resources of celestial bodies may at some point start interfering with the scientific interests, including those of astrobiology, in these bodies. While the legal status of celestial bodies at the highest level is clear, uncertainty has arisen as to the extent private property rights over such objects or over their resources are legally acceptable, legally impossible, or potentially legal. This also provides for a considerable amount of uncertainty regarding how the legal framework could or may need to be changed to accommodate private interests. The article analyzes the two main international treaties relevant from …


Passing The Baton: The Effect Of The International Olympic Committee's Weak Anti-Doping Laws In Dealing With The 2016 Russian Olympic Team, Saroja Cuffey Jun 2018

Passing The Baton: The Effect Of The International Olympic Committee's Weak Anti-Doping Laws In Dealing With The 2016 Russian Olympic Team, Saroja Cuffey

Brooklyn Journal of International Law

Following the investigation of a Russian state-sponsored doping ploy prior to the Olympic Games in Rio 2016; the International Olympic Committee (IOC) decided against a blanket ban of the Russian Olympic team. Instead; it allowed athletes’ individual international federations to decide whether Russian athletes could compete. In following the various anti-doping laws in place; the IOC sought to protect and give justice to clean athletes around the world. This Note argues that they did not achieve this result; due to the anti-doping laws in place and the actors applying these laws. It suggests that there should be a universal anti-doping …