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Articles 9481 - 9510 of 31991
Full-Text Articles in International Law
Self-Determination And Secession Under International Law: Nagorno-Karabakh, Milena Sterio
Self-Determination And Secession Under International Law: Nagorno-Karabakh, Milena Sterio
Law Faculty Articles and Essays
The principle of self-determination grants minority groups defined as “peoples” the right to auto-determine their political future. This principle, while stemming back to post-World War I ideologies, has guided decolonisation and has served as the theoretical underpinning of former colonies’ independence quests. In the more recent decades, however, questions have surfaced regarding this principle’s applicability in the non-decolonisation paradigm: can secessionist movements rely on the principle of self-determination to justify their independence demands? Or, does the principle of self-determination in the non-decolonisation paradigm only bestow a right to internal autonomy on secessionist entities, while obligating them to remain within the …
"Black" Hawala: Confronting Isil On The Financial Front, Kelsey Mowatt-Larssen
"Black" Hawala: Confronting Isil On The Financial Front, Kelsey Mowatt-Larssen
American University National Security Law Brief
No abstract provided.
Bridging Rule Of Law Theory And Implementation: The Role Of Professional Ethical Integrity, Kate E. Bloch
Bridging Rule Of Law Theory And Implementation: The Role Of Professional Ethical Integrity, Kate E. Bloch
UC Law SF International Law Review
No abstract provided.
Cross-Cultural Challenges, Consensus, And Opportunities For Advancing The Professional Ethical Integrity Of Legal System Actors, Rory K. Little
Cross-Cultural Challenges, Consensus, And Opportunities For Advancing The Professional Ethical Integrity Of Legal System Actors, Rory K. Little
UC Law SF International Law Review
No abstract provided.
Reflections On Ethical Integrity: Challenges To The Rule Of Law Facing The Haitian Legal Profession, Jomanas Eustache
Reflections On Ethical Integrity: Challenges To The Rule Of Law Facing The Haitian Legal Profession, Jomanas Eustache
UC Law SF International Law Review
No abstract provided.
Introduction: Global Human Rights Law And The Boundaries Of Statehood, Daniel Augenstein, Hans Lindahl
Introduction: Global Human Rights Law And The Boundaries Of Statehood, Daniel Augenstein, Hans Lindahl
Indiana Journal of Global Legal Studies
The contributions collected in this Special Issue are the outcome of a colloquium on "Global Human Rights Law and the Boundaries of Statehood" held at the Stellenbosch Institute for Advanced Study (STIAS) in South Africa in March 2015. The colloquium is the first in a series of topics to be addressed within the STIAS research project, "Boundaries and Legal Authority in a Global Context," coordinated by Hans Lindahl and Louise du Toit. We would like to express our gratitude to STIAS for the funding and logistics of the colloquium. Our particular thanks are due to the director of STIAS, Hendrik …
Fathoming Potential In China—How Ship Lease Financing Arrangements And Free Trade Zones May Open Markets To Non-Bank Investent, Rick Beaumont
Fathoming Potential In China—How Ship Lease Financing Arrangements And Free Trade Zones May Open Markets To Non-Bank Investent, Rick Beaumont
American University Business Law Review
No abstract provided.
The Temporal Rivalries Of Human Rights, Fleur E. Johns
The Temporal Rivalries Of Human Rights, Fleur E. Johns
Indiana Journal of Global Legal Studies
Nation-states' "boundaries" are produced in time: around official working hours and terms of office, for instance, and in the historicomythic "life of the nation." Global human rights practices affirm and depend on nation-states' temporal authority, while also calling that authority into question. In different ways, global markets do likewise. In recent decades, the ubiquity of both finance capital and international human rights law, among other factors, may have encouraged the fracturing of time into intervals of ever-decreasing length. Temporal authority premised on the long-term seems to have declining purchase, even as historicism and futurism abound, discouraging some modes of state-based …
Corporations And The Limits Of State-Based Models For Protecting Fundamental Rights In International Law, David Bilchitz
Corporations And The Limits Of State-Based Models For Protecting Fundamental Rights In International Law, David Bilchitz
Indiana Journal of Global Legal Studies
At the heart of international law lies a central tension. On the one hand, the fundamental rights recognized in international treaties protect the fundamental interests of individuals, obligating all actors who can affect these rights. One the other hand, international law has often been conceived of as a system in which the only legitimate actors are states. In turn, only states can be bound by the fundamental rights obligations in international treaties. To address this tension, two models have been proposed. The first is an "Indirect duty" approach, whereby the state remains the primary duty-bearer and must itself "create" the …
Fractured Territories And Abstracted Terrains: Human Rights Governance Regimes Within And Beyond The State, Larry Catá Backer
Fractured Territories And Abstracted Terrains: Human Rights Governance Regimes Within And Beyond The State, Larry Catá Backer
Indiana Journal of Global Legal Studies
The problem of representation has become a central element for the development of human rights norms, not just within international organizations, but within states as well. The problem has been made acute by two significant changes in the organization of power that became visible after the 1950s. On one hand, the idea of the individual became more abstract. Mass democracy became symptomatic of a general trend toward the dissolution of the individual within a mass population, which was incarnated as the aggregation of its group characteristics, its statistics, and data. On the other hand, states were becoming less solid; the …
Human Rights And Global Public Goods: The Sound Of One Hand Clapping?, Neil Walker
Human Rights And Global Public Goods: The Sound Of One Hand Clapping?, Neil Walker
Indiana Journal of Global Legal Studies
Each operating in a presumptively general or universal register, 'public goods" and "human rights" are among the most popular and visible contemporary carriers of ideas of global law and governance and are therefore prime sources for any broader project of global justice. Their combination, moreover, holds out the prospect of a fertile engagement between the two core concerns of modern political morality our collective requirements and potential (public goods) and our individual dignity and well-being (human rights). Yet for all their ambition, public goods and human rights each face the formidable challenge of placing considerations of political authority and political …
Statehood, Power, And The New Face Of Consent, Sheldon Leader
Statehood, Power, And The New Face Of Consent, Sheldon Leader
Indiana Journal of Global Legal Studies
Individuals and groups are often subjected to power, both public and private, by eliciting their consent. Debate usually focuses on whether or not that consent is freely given or is vitiated by imbalances of strength between the bargaining parties. This essay focuses on a different issue, one that is largely passed over in legal and moral analyses: how far does and should consent bind one to accepting in advance changes in the future? There are signs of a fundamental shift in answering this question-a shift that particularly concerns the control of power in the economy. Industrial democracies may be abandoning …
One Pillar: Legal Authority And A Social License To Operate In A Global Context, Hans Lindahl
One Pillar: Legal Authority And A Social License To Operate In A Global Context, Hans Lindahl
Indiana Journal of Global Legal Studies
The claim that businesses have a social license to operate acquires concrete form in the second pillar of the U.N. Guiding Principles on Business and Human Rights (UNGPs) in the fundamental distinction between "compliance with all applicable laws" and "respect for human rights." The aim of this paper is to critically examine the presuppositions that undergird this distinction and to explain how and why moving beyond state-centered thinking about law, in response to violations of human rights by globally operating businesses, requires acknowledging that there is one pillar that embraces states and businesses: the legal obligation to comply with international …
Using International Property Law As A Lever To Evolve Toward Integrative Ocean Governance, Rachael E. Salcido
Using International Property Law As A Lever To Evolve Toward Integrative Ocean Governance, Rachael E. Salcido
University of the Pacific Law Review
No abstract provided.
2015 Brandeis Institute Of International Judges Report: International Courts, Local Actors, Brandeis Institute Of International Judges
2015 Brandeis Institute Of International Judges Report: International Courts, Local Actors, Brandeis Institute Of International Judges
University of the Pacific Law Review
No abstract provided.
The Global Data Protection Implications Of "Brexit", Fred H. Cate, Christopher Kuner, Dan Jerker B. Svantesson, Orla Lynskey, Christopher Millard
The Global Data Protection Implications Of "Brexit", Fred H. Cate, Christopher Kuner, Dan Jerker B. Svantesson, Orla Lynskey, Christopher Millard
Articles by Maurer Faculty
No abstract provided.
Treaty Commitment And The Reconstruction Of Social Relations Among States, Youcheer Kim
Treaty Commitment And The Reconstruction Of Social Relations Among States, Youcheer Kim
Legacy Theses & Dissertations (2009 - 2024)
Does states’ treaty commitment promote the inter-state socialization? A gap exists in the existing constructivist International Relations literature as to which agents could promote the internalization of constitutive beliefs through which process. This project seeks to illuminate whether states’ treaty commitments have promoted the inter-state socialization in three dimensions: (1) the convergence of voting patterns in the UN General Assembly (2) the convergence of state practices in territorial disputes (3) the emergence of rules-oriented domestic governance. I draw on classical sociology, public law theory, the English School theory, and the Transnational Legal Process theory to develop the Social Theory of …
What Is "Colonial" About Colonial Laws?, Arudra Barra
What Is "Colonial" About Colonial Laws?, Arudra Barra
American University International Law Review
No abstract provided.
The Quest For A User-Friendly Copyright Regime In Hong Kong, Peter K. Yu
The Quest For A User-Friendly Copyright Regime In Hong Kong, Peter K. Yu
American University International Law Review
No abstract provided.
Picking Up The Slackline: Can The United States And Japan Successfully Regulate Commercial Fishing Of Bluefin Tuna Following Failed Intergovernmental Attempts?, Sarah E. Bauer
Indiana Law Journal
Part I of this Note will address the reasons why intergovernmental organizations have failed to adequately regulate the commercial fishing of Bluefin tuna. Part II offers an analysis of the Bluefin markets in the United States and Japan and argues that these countries are ideal candidates for successful Bluefin regulation because of their market structures. Part III explores the likelihood that the two countries would implement such regulations, taking into account the respective governments’ histories of species-specific regulation.
International Antitrust, Paul Schoff, Katrina Groshinkski, Eric White, Maria Cecilia Andrade, Rafaela P. De Calcena, Adam S. Goodman, Peter Wang, Yizhe Zhang, Laurie-Anne Grelier, Peter Camesasca
International Antitrust, Paul Schoff, Katrina Groshinkski, Eric White, Maria Cecilia Andrade, Rafaela P. De Calcena, Adam S. Goodman, Peter Wang, Yizhe Zhang, Laurie-Anne Grelier, Peter Camesasca
The International Lawyer
No abstract provided.
International Litigation, Aaron Marr Page, Jonathan I. Blackman, Carmine D. Boccuzzi, Erin Lawrence, Phillip B. Dye Jr., Matthew D. Slater, Howard Zelbo, Charles A. Patrizia, Joseph R. Profaizer, Igor V. Timofeyev
International Litigation, Aaron Marr Page, Jonathan I. Blackman, Carmine D. Boccuzzi, Erin Lawrence, Phillip B. Dye Jr., Matthew D. Slater, Howard Zelbo, Charles A. Patrizia, Joseph R. Profaizer, Igor V. Timofeyev
The International Lawyer
No abstract provided.
International Commercial Transactions, Sun Chang, Hernan Verly
International Commercial Transactions, Sun Chang, Hernan Verly
The International Lawyer
No abstract provided.
International Environmental And Resources Law 2015 Annual Report, Kristen Hite, Lynn A. Long, Stephanie Altman, Derek Campbell, David Gravallese, Richard A. Horsch, David Hunter, Erika Lennon, Thomas Parker Redick, Matt Oakes
International Environmental And Resources Law 2015 Annual Report, Kristen Hite, Lynn A. Long, Stephanie Altman, Derek Campbell, David Gravallese, Richard A. Horsch, David Hunter, Erika Lennon, Thomas Parker Redick, Matt Oakes
The International Lawyer
No abstract provided.
Employment Law, Theodore Goloff
International Secured Transactions, Arnold S. Rosenberg, Judith Elkin, Gordon Geiser, Christian Kohler-Ma
International Secured Transactions, Arnold S. Rosenberg, Judith Elkin, Gordon Geiser, Christian Kohler-Ma
The International Lawyer
No abstract provided.
India, Aseem Chawla, Kavita Mohan, Poorvi Chothani, Gagan Kumar, Amit Kaushik, Namrata Patodia Rastogi, Sharanya G. Ranga, Dutta Riya
India, Aseem Chawla, Kavita Mohan, Poorvi Chothani, Gagan Kumar, Amit Kaushik, Namrata Patodia Rastogi, Sharanya G. Ranga, Dutta Riya
The International Lawyer
No abstract provided.
International Organizations: The Work Of The Un In 2015, Javier Etcheverry Boneo, Elizabeth A. Turchi, Renee Dopplick, Jehmal Hudson, Gabrielle Culmer, Poopak Taati
International Organizations: The Work Of The Un In 2015, Javier Etcheverry Boneo, Elizabeth A. Turchi, Renee Dopplick, Jehmal Hudson, Gabrielle Culmer, Poopak Taati
The International Lawyer
No abstract provided.
Corporate Social Responsibility, Uche Ewelukwa Ofodile, Chisara Ezie, Nigel Roberts, Corinne Lewis, Constance Wagner, Claudia Feldkamp, Michael Judin
Corporate Social Responsibility, Uche Ewelukwa Ofodile, Chisara Ezie, Nigel Roberts, Corinne Lewis, Constance Wagner, Claudia Feldkamp, Michael Judin
The International Lawyer
No abstract provided.
International Investment And Development, Uche Ewelukwa Ofodile, Mauricio Becerra De La Roca, Qingqing Miao, Irina Feofanova, Aboubacara Fall
International Investment And Development, Uche Ewelukwa Ofodile, Mauricio Becerra De La Roca, Qingqing Miao, Irina Feofanova, Aboubacara Fall
The International Lawyer
No abstract provided.