International Law Commons^™

Submarine Cables, Cybersecurity And International Law: An Intersectional Analysis, Tara Davenport

Catholic University Journal of Law and Technology

No abstract provided.

The Defend Trade Secrets Act Of 2015, S. 1890, H.R. 3326, 114th Congress (2015), Joseph K.C. Doukmetzian

Catholic University Journal of Law and Technology

No abstract provided.

Unaccompanied & Denied: Regional Legal Framework For Unaccompanied Minors Asylum Seekers (Umas), Rohaida Nordin, Jennifer Whelan, Saidatul Nadia Abd. Aziz, Meerah Deiwi Rajagopal

Indonesia Law Review

Unaccompanied minor asylum seekers are vulnerable and thus, provided special international law protections. However, in reality, they are being mistreated as illegal immigrants and on the receiving end of ethnic violence, discrimination, restrictions in enjoyment of their rights duly recognised by international human rights law. This article identifies legislative, policy and support mechanisms which encompass the minimum UMAS guardianship standards at international law and which are evidence-based from best practice models for the provision of guardians for UMAS internationally. It presents situation of UMAS in relation to human rights violations with emphasis on the legal framework and practices in Australia …

The Death Of Deference And The Domestication Of Treaty Law, Harlan Grant Cohen

BYU Law Review

No abstract provided.

What Should The Restatement (Fourth) Say About Treaty Interpretation?, Jean Galbraith

BYU Law Review

The Restatement (Second) and Restatement (Third) of the Foreign Relations Law took notably different approaches to treaty interpretation, reflecting intervening changes in the legal landscape. This symposium contribution identifies five developments in international and domestic law since the Restatement (Third). It then considers their import for the forthcoming Restatement (Fourth). Most importantly, it argues that the Restatement (Fourth) should fully incorporate two articles on treaty interpretation from the Vienna Convention on the Law of Treaties into its black-letter provisions. Since the time of the Restatement (Third), these articles have become central to international practice on treaty interpretation, and the principles …

Constraining Charming Betsy: Textual Ambiguity As A Predicate To Applying The Charming Betsy Doctrine, Andrew H. Bean

BYU Law Review

No abstract provided.

A New Imperialism? Evaluating Russia’S Acquisition Of Crimea In The Context Of National And International Law, Trevor Mcdougal

BYU Law Review

No abstract provided.

Forced Marriage At The Cambodian Crossroads: Eccc Can Develop A New Crime Against Humanity, Cameron Christensen

BYU Law Review

No abstract provided.

Taming Madison’S Monster: How To Fix Self-Execution Doctrine, David L. Sloss

BYU Law Review

No abstract provided.

The Proposed Restatement (Fourth) Of The Foreign Relations Law Of The United States: Treaties—Some Serious Procedural And Substantive Concerns, Leila Nadya Sadat

BYU Law Review

No abstract provided.

A Textual Approach To Treaty Non-Self-Execution, Michael D. Ramsey

BYU Law Review

No abstract provided.

Presidential Pronouncements Of Customary International Law As An Alternative To The Senate’S Advice And Consent, Eric Talbot Jensen

BYU Law Review

The Restatement (Fourth) of Foreign Relations Law of the United States has thus far focused on the status of treaties in United States law, and has not specifically considered the topic of customary international law. While the American Law Institute undoubtedly has good reasons for its approach, there is an emerging presidential practice that should catch the attention of the drafters and encourage them to make at least a small foray into customary international law’s impact on the domestic law of the United States. This practice consists of presidents proclaiming to the international community that certain provisions of treaties that …

Treaties And The Presumption Against Preemption, David H. Moore

BYU Law Review

No abstract provided.

Four Problems With The Draft Restatement’S Treatment Of Treaty Self-Execution, Carlos Manuel Vázquez

BYU Law Review

No abstract provided.

Should Indonesia Accede To The 1951 Refugee Convention And Its 1967 Protocol?, Dita Liliansa, Anbar Jayadi

Indonesia Law Review

Being a non-party to the 1951 Convention relating to the Status of Refugees (“1951 Refugee Convention”) and 1967 Protocol relating to the Status of Refugees (“1967 Protocol”), Indonesia does not have legal obligations to provide permanent resettlement for asylum seeker and/or refugee. However, as a transit country for those seeking shelter in Australia, Indonesia undergoes a myriad of issues resulting from illegal entrance by asylum seeker and/or refugee. Besides having neither legal framework nor domestic mechanism to handle asylum seekers and/or refugee, Indonesia’s immigration law identifies every foreigner including asylum seeker and refugee who unlawfully enter Indonesia’s territory into the …

Loac And Artillery In Urban Areas: The Case Of Gaza 2014, Peter Margulies

Law Faculty Scholarship

No abstract provided.

Liability And Compensation Due To Transboundary Pollution Caused By Offshore Exploration And Exploitation : Imo Competence And Development Of Guidelines, Sebastian Pizarro Klein

World Maritime University Dissertations

The dissertation is an analysis on the problem of the prevailing legal lacuna regarding responsibility and liability due transboundary offshore pollution. The investigation starts with the examination of the discussion at IMO and its competence to regulate the offshore industry. Afterwards the discussion at the Legal Committee of IMO is analyzed through the different doctrines developed by the authors and the International Court of Justice. Based on a possible competence of the IMO, we introduce the discussion on which international instrument is appropriate to regulate the legal lacuna. Finally, in the concluding chapters, different international instruments are compared highlighting the …

Legal Framework And Mechanism Of Marine Fisheries Subsidies In The Aspects Of International Trade And Sustainable Development, Adijaya Yusuf, Melda Kamil Ariadno, Arie Afriansyah

Indonesia Law Review

Issues in fisheries have been regulated in various international conventions. The United Nations Convention on the Law of the Sea 1982 (UNCLOS 1982) has builta regime in the field of conservation and management of fishery resources based upon maritime zones or fish species that exist and available in this zone. However, UNCLOS 1982 only focuses on the issue of fisheries in the Exclusive Economic Zone (EEZ) and the high seas, thus it was not sufficient to overcome the problems of high frequent of fishing in maritime zones which are fully subject to the jurisdiction of coastal states, such as in …

Authoritarian Member States In International Organizations, Matt Barg

Master's Theses

This thesis investigates under which conditions do authoritarian Member States exist in International Organizations that require democratic governance in their treaty law. The European Union is used as a case study along with two of its Member States that are in the process of transitioning to democracy from previous authoritarian regimes—Hungary and Romania. This thesis employs stealth authoritarian theory to analyze how a democratizing Member State may violate these laws and revert to authoritarian governance. It also critiques international enforcement mechanisms to consider their effectiveness to enforce their laws and norms as well as prevent an authoritarian reversal. Finally, cultural …

Evolution Of A Nation After A Dictatorship: How Law, Politics And Society Of The 1973 Dictatorship In Uruguay And Of The Subsequent Return Of Democracy In 1985, Potentially Helped Evolve The Nation Of Today., Jonathan A. Fein Proaño

Master's Theses

In 1973, Uruguay’s president authored a coup d’état with the military and changed the history and fabric of Uruguay. Once democracy returned to Uruguay in 1985, it was a chance to see if an evolution of the law, politics and society would occur. This thesis aims to analyze and understand the patterns of change and de-evolution or evolution that happened during the dictatorship and then over the last 30 years. I break down the process of changes that happened legally and politically, how the dictatorship and its leaders used law to destroy rule of law, and how society changed.

This …

The Role Of The State, Multinational Oil Companies, International Law & The International Community: Intersection Of Human Rights & Environmental Degradation Climate Change In The 21st Century Caused By Traditional Extractive Practices, The Amazon Rainforest, Indigenous People And Universal Jurisdiction To Resolve The Accountability Issue, Marcela Cabrera Luna

Master's Theses

Local, national and international conventions that protect indigenous sovereignty and their territories, where many of the resources are extracted from by multinational corporations (MNCs) particularly oil, the number one commodity of the world and cause of climate change, continue to be jeopardized because of the lack of a clear international legal framework that can protect them and potentially hold multinationals accountable for their actions. These practices are causing not only environmental issues to the indigenous and surrounding communities, but climate change is in fact, the real human rights issue of the 21^st century and it affects everyone. By using …

The Tohono O'Odham Nation And The United States-Mexico Border, Peter Heidepriem

American Indian Law Journal

No abstract provided.

Novartis Ag V. Union Of India: "Evergreening," Trips, And "Enhanced Efficacy" Under Section 3(D), Dorothy Du

Journal of Intellectual Property Law

No abstract provided.

Six Degrees Of Separation: Attribution Under The Foreign Sovereign Immunities Act In Obb Personenverkehr Ag V. Sachs, Daniel R. Echeverri

Duke Journal of Constitutional Law & Public Policy Sidebar

The Foreign Sovereign Immunities Act (FSIA) generally prevents foreign sovereigns from falling within the jurisdiction of U.S. courts, subject to exceptions the FSIA lists. This commentary analyzes BB Personenverkehr AG v. Sachs, a case before the Supreme Court on the question of whether the commercial activities exception of the FSIA applies when only one element of a plaintiff's claim is based upon commercial activity occurring in the United States and whether that sale can be attributed to a foreign sovereign. In this case, the plaintiff purchased a rail pass through an online, third-party travel agent. While traveling abroad and …

Books Received, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.

Palandt, Burgerliches Gesetzbuch. Commentaries On The German Civil Code, 36th Rev. Ed., Hugo Hahn

Georgia Journal of International & Comparative Law

No abstract provided.

Aviation Law-Air Services Agreement Between The United States And The United Kingdom, Patricia E. Cooper

Georgia Journal of International & Comparative Law

No abstract provided.

Section 337: A Case For Repeal Or Change, Noel Hemmendinger, William H. Barringer, T. Leonard Kossl

Georgia Journal of International & Comparative Law

No abstract provided.

The Need To Improve Consistency In The Application And Interpretation Of Section 337 Of The Tariff Act Of 1930 And Section 5 Of The Federal Trade Commission Act, John T. Fischbach

Georgia Journal of International & Comparative Law

No abstract provided.

Section 337: A View From Two Within The Department Of Justice, Douglas E. Rosenthal, Thomas E. Sheldon

Georgia Journal of International & Comparative Law

No abstract provided.