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Articles 9181 - 9210 of 31991
Full-Text Articles in International Law
Emerging Practices In Community Development Agreements, Jennifer Loutit, Jacqueline Mandelbaum, Sam Szoke-Burke
Emerging Practices In Community Development Agreements, Jennifer Loutit, Jacqueline Mandelbaum, Sam Szoke-Burke
Columbia Center on Sustainable Investment Staff Publications
Community Development Agreements (CDAs) have the potential to facilitate the delivery of tangible benefits from large-scale investment projects, such as mines or forestry concessions, to affected persons and communities. To be effective, however, CDAs must be adapted to the local context, meaning that no single model agreement or process will be appropriate in every situation. Nonetheless, leading practices are emerging which can be required by governments, voluntarily adopted by companies, and demanded by communities. These practices are grounded in ensuring that all parties are sufficiently informed, capacitated, and prepared to engage in meaningful negotiations regarding how the investor’s operations should …
3.14 Rio 2016 And The Birth Of Brazilian Transparency, Pat Barr, Albert Flores, Kat Gavin, Shaun Freiman, Tyler Klink, Carter Nichols, Ann Reid, Rina Van Orden
3.14 Rio 2016 And The Birth Of Brazilian Transparency, Pat Barr, Albert Flores, Kat Gavin, Shaun Freiman, Tyler Klink, Carter Nichols, Ann Reid, Rina Van Orden
Law Student Publications
Brazil’s modern democracy is but three decades old. With the Brazilian people now taking to the streets in protest at public corruption, the government is enacting new laws and learning to effectively enforce them. The nation is thus feeling the growing pains of an emergent commitment to transparency. In this, the window between Brazil’s hosting of the 2014 FIFA World Cup and the 2016 Summer Olympics, it is timely to ask what the spotlight of these two events has revealed about the nation’s anti-corruption measures. How is the government responding to exposed corruption risk? Will the Olympics ultimately make good …
Creating An International Prison, Mary Margaret Penrose
Creating An International Prison, Mary Margaret Penrose
Faculty Scholarship
This Article asserts that a permanent international prison is a necessary, if not indispensable, component of any effective international criminal justice system. It begins by first addressing the historical approach to international sentencing. Next, it discusses the inadequacies of the status quo. Finally, it argues the time has come to construct a permanent international prison, rather than adhere to the ad hoc approach in dealing with international criminals and convicts.
Thawing Out: The Role Of The Arctic Council Service In A Melting Arctic, Taylor J. Enos
Thawing Out: The Role Of The Arctic Council Service In A Melting Arctic, Taylor J. Enos
Pell Scholars and Senior Theses
With the changing natural and political climate of the Arctic, conflicts over resource extraction and navigation will become inevitable. Empowering an intergovernmental institution like the Arctic Council Service may be the only solution. This paper analyzes the importance and history of the Arctic as a political environment, which is prone to abuse in the very near future at the hands of Russia and the United States.
The New Tate Letter: Foreign Official Immunity And The Case For A Statutory Fix, Luke Ryan
The New Tate Letter: Foreign Official Immunity And The Case For A Statutory Fix, Luke Ryan
Fordham Law Review
Plaintiffs sometimes bring civil lawsuits in U.S. federal courts against officials or ex-officials of foreign governments accused of committing atrocities abroad. In these types of cases, the foreign individuals will almost certainly invoke the affirmative defense of foreign official immunity. In the 2010 decision, Samantar v. Yousuf, the Supreme Court unanimously held that the Foreign Sovereign Immunities Act (FSIA)—a 1976 statute governing the immunity of foreign states—did not control judicial determination of a foreign individual’s request for immunity. Instead, the Court said that foreign officials may be entitled to immunity as a matter of federal common law. Because of …
Customary Constraints On The Use Of Force: Article 51 With An American Accent, William C. Banks, Evan J. Criddle
Customary Constraints On The Use Of Force: Article 51 With An American Accent, William C. Banks, Evan J. Criddle
Faculty Publications
This article, prepared for the symposium on ‘The Future of Restrictivist Scholarship on the Use of Force’, examines the current trajectory of restrictivist scholarship in the United States. In contrast to their counterparts in continental Europe, American restrictivists tend to devote less energy to defending narrow constructions of theUNCharter. Instead, they generally focus on legal constraints outside the Charter’s text, including customary norms and general principles of law such as necessity, proportionality, deliberative rationality, and robust evidentiary burdens. The article considers how these features of the American restrictivist tradition reflect distinctive characteristics of American legal culture, and it explores the …
3.14 Rio 2016 And The Birth Of Brazilian Transparency, Andrew B. Spalding
3.14 Rio 2016 And The Birth Of Brazilian Transparency, Andrew B. Spalding
Law Faculty Publications
Brazil’s modern democracy is but three decades old. With the Brazilian people now taking to the streets in protest at public corruption, the government is enacting new laws and learning to effectively enforce them. The nation is thus feeling the growing pains of an emergent commitment to transparency. In this, the window between Brazil’s hosting of the 2014 FIFA World Cup and the 2016 Summer Olympics, it is timely to ask what the spotlight of these two events has revealed about the nation’s anti-corruption measures. How is the government responding to exposed corruption risk? Will the Olympics ultimately make good …
The Hydrocarbon Industry’S Challenge To International Investment Law: A Critical Approach, Guillermo J. Garcia Sanchez
The Hydrocarbon Industry’S Challenge To International Investment Law: A Critical Approach, Guillermo J. Garcia Sanchez
Faculty Scholarship
The research presented here challenges the contemporary view that the international investment regime has a “chilling effect” on host government policies. That critique errs in assuming that the effects of the modern bilateral investment treaties on decision-making within host governments have been uniform across states and economic sectors The main argument presented here is that in developing countries that depend on the oil and gas sectors, the international investment regime rarely deters host government rent-seeking behavior that can harm foreign investors.
In petro-dependent developing nations that have weak institutional capacity the survival of the government becomes tied to its ability …
Crossing Borders: Adventures In International Legal Research, Anne Burnett
Crossing Borders: Adventures In International Legal Research, Anne Burnett
Presentations
An overview of the resources and processes for researching international law topics in classroom H.
Extraterritorial Application Of The Export Administration Amendments Of 1977, Robert S. Wayne
Extraterritorial Application Of The Export Administration Amendments Of 1977, Robert S. Wayne
Georgia Journal of International & Comparative Law
No abstract provided.
A Comparative Study Of Non-United States Responses To The Arab Boycott, Nancy Turck
A Comparative Study Of Non-United States Responses To The Arab Boycott, Nancy Turck
Georgia Journal of International & Comparative Law
No abstract provided.
Federal Tax Consequences Of International Boycotts, Carl Estes Ii
Federal Tax Consequences Of International Boycotts, Carl Estes Ii
Georgia Journal of International & Comparative Law
No abstract provided.
The Arab Boycott Of Israel: The Role Of The United States Antitrust Laws In The Wake Of The Export Administration Amendments Of 1977, James M. Johnstone, Jon Paugh
The Arab Boycott Of Israel: The Role Of The United States Antitrust Laws In The Wake Of The Export Administration Amendments Of 1977, James M. Johnstone, Jon Paugh
Georgia Journal of International & Comparative Law
No abstract provided.
The Business Effects Of The Antiboycott Provisions Of The Export Administration Amendments Of 1977 - Morality Plus Pragmatism Equals Complexity, Eugene A. Ludwig, John T. Smith Ii
The Business Effects Of The Antiboycott Provisions Of The Export Administration Amendments Of 1977 - Morality Plus Pragmatism Equals Complexity, Eugene A. Ludwig, John T. Smith Ii
Georgia Journal of International & Comparative Law
No abstract provided.
The Antiboycott Law: The Regulation Of International Business Behavior, Stanley J. Marcuss
The Antiboycott Law: The Regulation Of International Business Behavior, Stanley J. Marcuss
Georgia Journal of International & Comparative Law
No abstract provided.
Pressures And Principles - The Politics Of The Antiboycott Legislation, Henry J. Steiner
Pressures And Principles - The Politics Of The Antiboycott Legislation, Henry J. Steiner
Georgia Journal of International & Comparative Law
No abstract provided.
Introduction - The Arab Boycott And The International Response, Georgia Journal Of International And Comparative Law
Introduction - The Arab Boycott And The International Response, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
Table Of Contents, Georgia Journal Of International And Comparative Law
Table Of Contents, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
Book Review: Commentaries On Selected Model Investment Treaties, Jack J. Coe Jr., Ashley K. Puscas
Book Review: Commentaries On Selected Model Investment Treaties, Jack J. Coe Jr., Ashley K. Puscas
Pepperdine Dispute Resolution Law Journal
No abstract provided.
Do I Need To Pin A Target To My Back?: The Definition Of "Particular Social Group" In U.S. Asylum Law, Nitzan Sternberg
Do I Need To Pin A Target To My Back?: The Definition Of "Particular Social Group" In U.S. Asylum Law, Nitzan Sternberg
Fordham Urban Law Journal
No abstract provided.
Development And Distrust: A Critique Of The Orthodox Path To Economic Prosperity, W. Tyler Perry
Development And Distrust: A Critique Of The Orthodox Path To Economic Prosperity, W. Tyler Perry
Northwestern University Law Review
The dominant strain of law and development theory holds that strong property rights are a necessary condition for economic growth. Nonetheless, China has experienced thirty years of frenetic growth absent strong property rights. This Note explores this phenomenon through an analysis of a unique corporate form that has come to underlie most of the publicly traded Chinese Internet sector—the Variable Interest Entity (VIE). The VIE is, at its core, a series of contracts designed to mimic “true” ownership. As such, the VIE problematizes law and development theory in two primary ways. First, the contract-based ownership system does not provide the …
Liability And Compensation For Damage Resulting From Co2 Storage Sites, Michael Faure
Liability And Compensation For Damage Resulting From Co2 Storage Sites, Michael Faure
William & Mary Environmental Law and Policy Review
This Article follows the economic analysis of law as the methodology for analyzing appropriate liability and compensation mechanisms with respect to damages resulting from CO2 storage sites. There are various reasons for employing this approach. One reason is that many have already discussed the design of a liability and compensation scheme for CCS-related damages. But these earlier studies have not yet approached the issue from the angle of an economic analysis of law. The advantage of thismethodology is that attention is paid to the way in which various liability and compensation schemes affect the incentives for prevention of the various …
Books Recieved, Georgia Journal Of International And Comparative Law
Books Recieved, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
Book Review-Antitrust Guide For International Operations, Joseph P. Griffin
Book Review-Antitrust Guide For International Operations, Joseph P. Griffin
Georgia Journal of International & Comparative Law
No abstract provided.
Book Review: International Law--The Conduct Of Armed Conflict And Air Operations, Donald P. Gilmore
Book Review: International Law--The Conduct Of Armed Conflict And Air Operations, Donald P. Gilmore
Georgia Journal of International & Comparative Law
No abstract provided.
United Nations-United States Withdraws From The International Labor Organization, Michael K. Mixson
United Nations-United States Withdraws From The International Labor Organization, Michael K. Mixson
Georgia Journal of International & Comparative Law
No abstract provided.
Trade Law-Import Quotas-Executive Agency May Impose Textile Import Quotas Under Section 204 Of The Agricultural Act Of 1956 Without Prior Showing Of Domestic Market Disruption-Jurisdiction-Customs Court Possesses Exclusive Jurisdiction Over Actions Protesting Import Quotas, K. Edwin Kilgore
Georgia Journal of International & Comparative Law
No abstract provided.
The Effect Of Efforts To Control Illicit Art Traffic On Legitimate International Commerce In Art, Mary Colley
The Effect Of Efforts To Control Illicit Art Traffic On Legitimate International Commerce In Art, Mary Colley
Georgia Journal of International & Comparative Law
No abstract provided.
Detention Without Trial In Kenya, Kevin Conboy
Detention Without Trial In Kenya, Kevin Conboy
Georgia Journal of International & Comparative Law
No abstract provided.
The Council Of Europe Convention On Products Liability, Bernard Hanotiau
The Council Of Europe Convention On Products Liability, Bernard Hanotiau
Georgia Journal of International & Comparative Law
No abstract provided.