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Articles 9871 - 9900 of 32036
Full-Text Articles in International Law
Syracuse Journal Of International Law And Commerce - Vol. 43, No. 1 (Complete)
Syracuse Journal Of International Law And Commerce - Vol. 43, No. 1 (Complete)
Syracuse Journal of International Law and Commerce
No abstract provided.
Addressing The 'Failure' Of Informed Consent In Online Data Protection: Learning The Lessons From Behaviour-Aware Regulation, Shara Monteleone
Addressing The 'Failure' Of Informed Consent In Online Data Protection: Learning The Lessons From Behaviour-Aware Regulation, Shara Monteleone
Syracuse Journal of International Law and Commerce
Information notice and data subject's consent are the current main legal safeguards of data protection and privacy rights: they reflect individuals' instances, such as self-determination and control over one's own private sphere, that have been acknowledged in many jurisdictions. However, the theoretic strength of these safeguards appears frustrated by current online practices that seem suggesting to give-up with their most common form of implementation: privacy notices and request for consent. These measures are proving to be unsuccessful in increasing users' awareness and in fostering a privacy protective-behaviour. As recent studies have shown, although people declare privacy concerns, their actual behaviour …
Filling The Gaps: New Proposals For The Convention On The Rights Of A Child, Kathleen Boumans
Filling The Gaps: New Proposals For The Convention On The Rights Of A Child, Kathleen Boumans
Syracuse Journal of International Law and Commerce
No abstract provided.
A Framework For A Formal Sovereign Debt Restructuring Mechanism: The Kiss Principle (Keep It Simple, Stupid) And Other Guiding Principles, Charles W. Mooney Jr.
A Framework For A Formal Sovereign Debt Restructuring Mechanism: The Kiss Principle (Keep It Simple, Stupid) And Other Guiding Principles, Charles W. Mooney Jr.
Michigan Journal of International Law
This paper explores the feasibility of a formal legal regime for the restructuring of sovereign state debt and outlines a framework for such a mechanism. More than a decade ago, senior officials at the International Monetary Fund (IMF) proposed the creation of a formal sovereign debt restructuring mechanism (SDRM). The proposal received support, but was eventually abandoned. One factor that contributed to its demise was the unwillingness of IMF members to submit to a tribunal that would encroach on a state’s sovereignty. Another determinative factor was the ultimate opposition of the United States. Likely related to that opposition, and perhaps …
Freedom Of Expression And Morality-Based Impediments To The Enforcement Of Intellectual Property Rights, Marc J. Randazza
Freedom Of Expression And Morality-Based Impediments To The Enforcement Of Intellectual Property Rights, Marc J. Randazza
Nevada Law Journal
No abstract provided.
Testing Constitutional Pluralism In Strasbourg: Responding To Russia's "Gay Propaganda" Law, Jesse W. Stricklan
Testing Constitutional Pluralism In Strasbourg: Responding To Russia's "Gay Propaganda" Law, Jesse W. Stricklan
Michigan Journal of International Law
In 2013, the Russian Federation amended Federal Law No. 436-FZ, “On Protection of Children from Information Harmful to Their Health and Development” (2013 law), introducing language making illegal the public discussion—or, in the law’s words, “propagandization”—of what it called “non-traditional sexual relationships.” Undertaken during a period of increasing domestic and international hostility, the law was intended by the government to be a bold, two-fold rejection of supposedly “European” values: first, as resistance to the gay rights movement, which is presented as unsuitable for Russia; and second, as a means of further weakening the freedom of expression in Russia. On both …
On Territoriality And International Investment Law: Applying China's Investment Treaties To Hong Kong And Macao, Odysseas G. Repousis
On Territoriality And International Investment Law: Applying China's Investment Treaties To Hong Kong And Macao, Odysseas G. Repousis
Michigan Journal of International Law
To date, investor-state tribunals have been preoccupied with a range of issues revolving around the territorial application (territoriality) of international investment agreements (IIAs). The importance, as well as the various forms such issues take, has recently been highlighted in the decision of the Singapore High Court (SGHC) in Laos v. Sanum. In this case, the SGHC was asked by Laos to set aside an earlier arbitral award (in Sanum v. Laos), filed by a Macanese legal entity and rendered under the China-Laos bilateral investment treaty (BIT). In approaching the matter, the SGHC set aside the award on the grounds that …
The Import Of Hollywood Films In China: Censorship And Quotas, Jessica Grimm
The Import Of Hollywood Films In China: Censorship And Quotas, Jessica Grimm
Syracuse Journal of International Law and Commerce
No abstract provided.
Measuring Land Rights For A Sustainable Future, Kaitlin Y. Cordes, Jeffrey D. Sachs
Measuring Land Rights For A Sustainable Future, Kaitlin Y. Cordes, Jeffrey D. Sachs
Columbia Center on Sustainable Investment Staff Publications
Land rights, both for individuals and for communities, are critical for achieving sustainable development. Security of land tenure and other rights to the land (sometimes held communally rather than individually) can accelerate poverty reduction, strengthen food security, and empower women. Land rights can reduce resource conflicts, as well as encourage the responsible use of natural resources. As the UN member countries begin to implement the new Sustainable Development Goals (SDGs), they should keep land rights in their focus, and measure and protect land rights in order to achieve the SDGs.
Slavery Then And Now: The Trans-Atlantic Slave Trade And Modern Day Human Trafficking: What Can We Learn From Our Past?, Stevie J. Swanson
Slavery Then And Now: The Trans-Atlantic Slave Trade And Modern Day Human Trafficking: What Can We Learn From Our Past?, Stevie J. Swanson
Florida A & M University Law Review
Many have said that history repeats itself. Unfortunately, this is painfully true in the realm of modern day human trafficking. Human trafficking is a thirty-two billion-dollar-a-year industry, and at present, it is estimated that there are approximately twenty-seven million people enslaved worldwide. President Obama has stated that human trafficking is modern day slavery. Both sex trafficking and labor trafficking are forms of modern day slavery that are present throughout America and the world. In America, sex trafficking appears online, and at pseudo-massage parlors, truckstops, residential brothels, strip-clubs, hotels and motels, and on city streets. Labor trafficking in America includes domestic …
Advancing Climate Justice In International Law: An Evaluation Of The United Nations Human Rights-Based Approach, Damilola S. Olawuyi
Advancing Climate Justice In International Law: An Evaluation Of The United Nations Human Rights-Based Approach, Damilola S. Olawuyi
Florida A & M University Law Review
The term “climate justice” has been traditionally deployed by scholars to emphasize the need for international law to provide legal solutions for direct and disproportionate impacts of climate change on human life and survival, particularly in vulnerable communities. However, with emerging patterns of human rights violations, massive land grabs, forced displacements, marginalization, exclusions, and governmental repressions resulting from climate change response measures and projects (particularly clean development mechanism (CDM), and REDD+ projects), climate justice has increasingly gained a more expansive connotation. Human rights violations and climate injustices resulting from climate change projects have resulted in calls for an international approach …
Reasoned Awards In International Commercial Arbitration: Embracing And Exceeding The Common Law-Civil Law Dichotomy, S. I. Strong
Reasoned Awards In International Commercial Arbitration: Embracing And Exceeding The Common Law-Civil Law Dichotomy, S. I. Strong
Michigan Journal of International Law
Unlike many types of domestic arbitration where unreasoned awards (often called “standard awards”) are the norm, international commercial arbitration routinely requires arbitrators to produce fully reasoned awards. However, very little information exists as to what constitutes a reasoned award in the international commercial context or how to write such an award. This lacuna is extremely problematic given the ever-increasing number of international commercial arbitrations that arise every year and the significant individual and societal costs that can result from a badly written award. Although this Article is aimed primarily at specialists in international commercial arbitration, the material is also useful …
‘Pro Enforcement Bias’ Under Article V Of The New York Convention In International Commercial Arbitration: Comparative Overview, Fifi -. Junita -
‘Pro Enforcement Bias’ Under Article V Of The New York Convention In International Commercial Arbitration: Comparative Overview, Fifi -. Junita -
Indonesia Law Review
This article explores the main features of exceptions to enforcement under Article V of the NYC, including its exhaustive and discretionary natures. It then specifically provides an overview of narrow judicial control over the grounds for refusing enforcement under the Article V of the NYC. It points out the fundamental principles of the provision in determining the enforceability of international arbitral awards. Then this article will occasionally refer to international arbitral cases in some jurisdictions, such as the United States, France and Switzerland. It is noted that courts and legislatures in those jurisdictions have moved towards pro-enforcement policy to questions …
Revisiting Self-Determination Conflicts In Indonesia: An International Law Perspective, M. Yakub Aiyub Kadir
Revisiting Self-Determination Conflicts In Indonesia: An International Law Perspective, M. Yakub Aiyub Kadir
Indonesia Law Review
Indonesia is a former Dutch colony which declared its independence on August 17, 1945. However, it was not internationally recognised until December 27, 1949, when the Netherlands formally transferred the sovereignty of the Dutch East Indies to a new political entity called ‘Indonesia’ at the Round Table Conference in the Hague. This occasion marked the political union of all diverse kingdoms and regional communities spread over the Indonesian archipelago. This step has been frequently associated with the global spirit of many other countries around the world to gain independence from Western colonisers and with the international principle of self-determination. However, …
Session Report - Theme 3: Arctic Governance, Michael Grey
Session Report - Theme 3: Arctic Governance, Michael Grey
ShipArc 2015 Conference
No abstract provided.
Session Report - Theme 2: Beyond The Polar Code, Heike Deggim
Session Report - Theme 2: Beyond The Polar Code, Heike Deggim
ShipArc 2015 Conference
No abstract provided.
Session Report - Theme 1: Polar Code, Jack Westwood-Booth
Session Report - Theme 1: Polar Code, Jack Westwood-Booth
ShipArc 2015 Conference
No abstract provided.
Increasing Role And Participation Of Non-Arctic States In The Governance Of Arctic Region: A Sample Of Turkey, Onur Sabri Durak
Increasing Role And Participation Of Non-Arctic States In The Governance Of Arctic Region: A Sample Of Turkey, Onur Sabri Durak
ShipArc 2015 Conference
No abstract provided.
Can The U.S. Use A Reservation To Alleviate Sovereignty Concerns Regarding The Convention On The Rights Of Persons With Disabilities?, Candace Farmer
Can The U.S. Use A Reservation To Alleviate Sovereignty Concerns Regarding The Convention On The Rights Of Persons With Disabilities?, Candace Farmer
Georgia Journal of International & Comparative Law
No abstract provided.
Stolen Innocence: The United Nations' Battle Against The Forced Recruitment And Use Of Child Soldiers In Myanmar, Haley E. Chafin
Stolen Innocence: The United Nations' Battle Against The Forced Recruitment And Use Of Child Soldiers In Myanmar, Haley E. Chafin
Georgia Journal of International & Comparative Law
No abstract provided.
Incorporating The Third Party Beneficiary Principle In Natural Resource Contracts, James T. Gathii
Incorporating The Third Party Beneficiary Principle In Natural Resource Contracts, James T. Gathii
Georgia Journal of International & Comparative Law
No abstract provided.
For Trinkets, Tonics, And Terrorism: International Wildlife Poaching In The Twenty-First Century, Ranee Khooshie Lal Panjabi
For Trinkets, Tonics, And Terrorism: International Wildlife Poaching In The Twenty-First Century, Ranee Khooshie Lal Panjabi
Georgia Journal of International & Comparative Law
No abstract provided.
Table Of Contents And Masthead, Georgia Journal Of International And Comparative Law
Table Of Contents And Masthead, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
Arctic Shipping & Liability For Harm To Natural Resources, Dominik Walkowski
Arctic Shipping & Liability For Harm To Natural Resources, Dominik Walkowski
ShipArc 2015 Conference
No abstract provided.
Ocean Governance In The Arctic : Conflict, Cooperation, Challenges, David Vanderzwaag Ph.D
Ocean Governance In The Arctic : Conflict, Cooperation, Challenges, David Vanderzwaag Ph.D
ShipArc 2015 Conference
No abstract provided.
Regulatory Developments & Challenges : The Polar Code, Arsenio A. Dominguez
Regulatory Developments & Challenges : The Polar Code, Arsenio A. Dominguez
ShipArc 2015 Conference
No abstract provided.
Regulation-Tolerant Weapons, Regulation-Resistant Weapons And The Law Of War, Sean Watts
Regulation-Tolerant Weapons, Regulation-Resistant Weapons And The Law Of War, Sean Watts
International Law Studies
The historical record of international weapons law reveals both regulation-tolerant weapons and regulation-resistant weapons, identifiable by a number of criteria, including effectiveness, novelty, deployment, medical compatibility, disruptiveness and notoriety. This article identifies these criteria both to explain and inform existing weapons law, and also to facilitate efforts to identify weapons and emerging technology that may prove susceptible to future law of war regulation. By charting both the history and methodology of weapons law with a view toward identifying forces and influences that have made some weapons susceptible to international regulation and made others resistant, this article offers a starting point …
Emerging Technologies And Loac Signaling, Eric Talbot Jensen
Emerging Technologies And Loac Signaling, Eric Talbot Jensen
International Law Studies
As States seek to weaponize new technologies such as robotics, cyber tools and nanotechnology, the current law of armed conflict (LOAC) that guides the employment of existing weapons will signal rules and principles that should guide national decisions on what new technologies to weaponize and how to do so in a way that ensures compliance with battlefield regulation. LOAC has served this "signaling" function historically with respect to innovative weapon systems such as balloons, submarines, airplanes, and nuclear weapons, and will continue to do so as nations look forward to potentially weaponizing emerging technologies.
Science, Policy And The Developing Frontiers Of International Law, L.F. E. Goldie
Science, Policy And The Developing Frontiers Of International Law, L.F. E. Goldie
Akron Law Review
SCIENCE HAS ALWAYS BEEN a most important, if not the most important, agent of legal change. The hydraulic engineering achievements of ancient Egypt and China not only determined the laws of land ownership, use and planning, but also the administrative and constitutional structure of society. Where would the law of the sea be without the development of ships and the science of navigation? In a lighter view too we can imagine chariots creating traffic problems (and laws) on the Appian Way, or in the main streets of Athens and Pompeii-for it created problems for pedestrians both in peace and war