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England's Contaminated Land Act Of 1995: Perspectives On America's Approach To Hazardous Substance Cleanups And Evolving Principles Of International Law, Michael P. Healy 2021 University of Kentucky

England's Contaminated Land Act Of 1995: Perspectives On America's Approach To Hazardous Substance Cleanups And Evolving Principles Of International Law, Michael P. Healy

Journal of Natural Resources & Environmental Law

No abstract provided.


الإطار القانوني للحرب الجوية- د. إحسان هندي, 2021 United Arab Emirates University

الإطار القانوني للحرب الجوية- د. إحسان هندي

Journal Sharia and Law

No abstract provided.


Herding History: Law And The Transformation Of Collective Subjectivities In The Dairyspheres Of Ukraine, Monica Eppinger 2021 Saint Louis University, St. Louis

Herding History: Law And The Transformation Of Collective Subjectivities In The Dairyspheres Of Ukraine, Monica Eppinger

Journal of Food Law & Policy

In response to the limitations of socialism and capitalism in meeting basic needs, this article explores the alternative version of modernity offered in post-Soviet Ukraine and its agriculture. Tracing a century of fundamental transformations through the story of milk, it finds a history that troubles universalized framings of indigeneity and colonialism. This article argues that under socialism milk became a product of collectivized effort and a reservoir of household resilience; and then, with post-Soviet disintegration of some forms of collective life and emergence of others, that milk has come to delineate spheres of both collective action and individual striving. This ...


Positive Approach To The Disputes Over The Three Islands Abu Mosa, Tunb Al-Kubra And Tunb Al-Sughra-نظرة موضوعية في النزاع بين إيران ودولة الإمارات العربية المتحدة بشأن الجزر الثلاث, Medwis Fallah Al-Rashidi 2021 University of Kuwait

Positive Approach To The Disputes Over The Three Islands Abu Mosa, Tunb Al-Kubra And Tunb Al-Sughra-نظرة موضوعية في النزاع بين إيران ودولة الإمارات العربية المتحدة بشأن الجزر الثلاث, Medwis Fallah Al-Rashidi

Journal Sharia and Law

The Gulf States have bitterly experienced the horrible and destructive wars of 1980 and of 1991, the underlying reasons of which were territorial claims and counter-claims, according to which none of these recognized principles had been applied in good faith.

Unfortunately, the rise of the imminent danger of a third war can be expected sooner or later, as a result of the building up of the controversy between the Islamic Republic of Iran and the United Arab Emirates (U.A.E.). Concerning the sovereignty over the three islands of Abu Mosa, and of Greater and Lesser Tunb’.

The Iranian claims ...


Status On Killing Of Civil Fighters Participating In Fighting Against Muslims-حكم قتل المدنيين الحربيين حال اشتراكهم في محاربة المسلمين, 2021 United Arab Emirates University

Status On Killing Of Civil Fighters Participating In Fighting Against Muslims-حكم قتل المدنيين الحربيين حال اشتراكهم في محاربة المسلمين

Journal Sharia and Law

This research tackles one of the subjects known nowadays as "Public International Law” or “Internationl Relations Jurisprudence".

It is aimed by this to define Islam provisions related to killing of enemy civilians if they participate in war against Muslims, in addition to consequent religious, civil or penal liability upon the killer of civilians.

It explains that jurisprudents have two main opm10ns in defining the term “non-fighter enemy members" who are defined nowadays as “civilians". The first opinion defines them as Women, children and messengers. The second opinion defines them as "anyone who does not fight due to physical or traditional ...


Neutrality And Cyberspace: Bridging The Gap Between Theory And Reality, Noam Neuman 2021 Israeli Ministry of Justice

Neutrality And Cyberspace: Bridging The Gap Between Theory And Reality, Noam Neuman

International Law Studies

While there exists a broad consensus among States that international law generally applies to the cyber domain, particular views regarding the applicability of the law of neutrality have rarely been put forward, and presently there seems to be insufficient State practice and domain-specific opinio juris in this regard. Against this backdrop, several attempts have been made throughout the years to apply certain neutrality rules to cyberspace by referring to analogies from other domains. However, this legal regime provides an emblematic example of what the introduction of traditional rules of international law, formulated with the physical domains of warfare in mind ...


The Canons Of Social And Economic Rights, Katharine G. Young 2021 Boston College Law School

The Canons Of Social And Economic Rights, Katharine G. Young

Boston College Law School Faculty Papers

Social and economic rights occupy an unsettled place in any global canon of constitutional democracy and human rights. This Article, appearing in a collection of Global Canons in an Age of Uncertainty (S. Choudhry, M. Hailbronner & M. Kumm, eds., OUP) recommends a contender for canonical status, at the same time as it problematizes the search. Insofar as the search for a canon reveals the boundaries of what may be considered exemplary claims of constitutional and democratic practice, the 2000 South African case of Republic of South Africa v. Grootboom is canonical for its treatment of social and economic rights. This ...


Covid-19 Impacts: How A Global Pandemic Amid The Sunsets Of The Ptc And Itc Made The U.S. Wind And Solar Industries More Resilient, Kimberly E. Diamond 2021 Fordham Law School

Covid-19 Impacts: How A Global Pandemic Amid The Sunsets Of The Ptc And Itc Made The U.S. Wind And Solar Industries More Resilient, Kimberly E. Diamond

Fordham Environmental Law Review

A cataclysmic event is sometimes the necessary catalyst for companies within certain industries to re- examine, radically shift, and replace their standard practices with technologically-advanced alternatives. In the United States, the occurrence of the Coronavirus pandemic (“COVID-19”) during the sunsets of the Production Tax Credit (“PTC”) and the Investment Tax Credit (“ITC”) created a unique confluence of factors that produced a perfect storm tantamount to such a cataclysmic event for companies in the wind and solar industries, particularly developers. Over the years, the domestic utility-scale wind industry has come to rely heavily upon the PTC, while the domestic utility- scale ...


Illegal Discharge: Exploring The History Of The Criminal Enforcement Of The U.S. Clean Water Act, Dr. Joshua Ozymy, Dr. Melisssa L. Jarrell 2021 Fordham Law School

Illegal Discharge: Exploring The History Of The Criminal Enforcement Of The U.S. Clean Water Act, Dr. Joshua Ozymy, Dr. Melisssa L. Jarrell

Fordham Environmental Law Review

The criminal prosecution of defendants that violate federal clean water laws has been ongoing for roughly four decades. Yet, we continue to have a poor understanding of how federal prosecutors use the U.S. Clean Water Act (“CWA”) to charge and prosecute criminals and the outcomes of those prosecutions. We use content analysis to analyze 2,588 federal criminal prosecution case summaries, 1983-2019, to gain a better historical understanding of how the CWA has been used as a prosecutorial tool, to bring out the major themes in the prosecutions, and quantify sentencing outcomes. Findings from the 828 CWA prosecutions undertaken ...


Red Tide: A Blooming Concern For Florida Manatees, Shannon Price Esq. 2021 Fordham Law School

Red Tide: A Blooming Concern For Florida Manatees, Shannon Price Esq.

Fordham Environmental Law Review

Although red tides are a common and natural occurrence around the coast of Florida, within the last few decades they have intensified and become much more deadly. Several identifiable human-caused factors exacerbate the size, concentration, and duration of the harmful algae bloom and disturb the environment’s natural balance. The Florida Gulf Coast provides all the algae’s necessary requirements for survival, the perfect storm to create a resilient super bloom that annihilates its host ecosystem.

This article explains the plight of Florida manatees who, like other marine animals and plants, are being injured or killed by this algae crisis ...


"Eco" Your Own Way: An Argument For State-Specific Climate Change Legislation, Amanda Voeller 2021 Fordham Law School

"Eco" Your Own Way: An Argument For State-Specific Climate Change Legislation, Amanda Voeller

Fordham Environmental Law Review

The consequences of climate change seriously and immediately threaten the American way of life, but proposed federal legislation like the Green New Deal is overly broad, unrealistic, and inefficient. The most effective way for the United States to combat climate change is not with a one-size-fits-all plan like the Green New Deal, but with federal legislation that incentivizes states and cities to enact and enforce individualized, local climate legislation. Different states and cities have different climates, available energy sources, and transportation needs, so the federal government should use financial incentives to encourage states and cities to pass tailor-made bills and ...


The Use Of Regular Militaries For Natural Disasters After A Major Event Where The Military Was Seen As A Failure - The Somalia Effect In The Age Of Black Lives Matters And Covid-19, Donald D.A. Schaefer 2021 Fordham Law School

The Use Of Regular Militaries For Natural Disasters After A Major Event Where The Military Was Seen As A Failure - The Somalia Effect In The Age Of Black Lives Matters And Covid-19, Donald D.A. Schaefer

Fordham Environmental Law Review

This is written as a continuation of Dr. Schaefer’s recent article entitled, “The Use of the Regular Militaries for Natural Disaster Assistance: Climate Change and the Increasing Need for Changes to the Laws in the United States, China, Japan, the Philippines, and Other Countries.” 2 Perhaps few other areas have affected so many people than the Covid-19 pandemic. Coupled with this has been the struggle over the use of force by the military and police in the age of “black lives matters” and the movements that have been transpired as a result. With the increased global warming likely to ...


Foreign Cyber Interference In Elections, Michael N. Schmitt 2021 University of Reading

Foreign Cyber Interference In Elections, Michael N. Schmitt

International Law Studies

In the 2020 U.S. elections, Russia authorized and conducted influence operations designed to support former President Trump, although it did not attempt to alter any technical aspect of the voting process. Russia was not alone. Iran mounted a multi-pronged covert influence campaign intended to undercut Trump’s reelection prospects, while other foreign actors–like Lebanese Hizballah, Cuba, and Venezuela–also tried to influence the election. Interestingly, China did not conduct operations designed to alter the outcome, although it did consider doing so. The phenomenon of election meddling, however, extends well beyond the United States to such countries as Austria ...


Some Remarks On The United Nations And Territorial Sovereignty In The Occupied Palestinian Territory, Giovanni Distefano 2021 Professor of International Law At the University of Neuchatel

Some Remarks On The United Nations And Territorial Sovereignty In The Occupied Palestinian Territory, Giovanni Distefano

Journal Sharia and Law

The present study is limited to the investigation of the possibility of the creation of territorial entities. It deals exclusively with the OccupiedPalestinianTerritory, i.e. the West Bank(including East-Jerusalem) and Gaza, leaving the Golan Heightsand the Sheba Farms aside. When one speaks about territorial entities engendered by occupation, one is induced to mention this possibility solely for Israel([1]). The other side, that is the Palestine Authority (hereinafter: PA), has never been able to avail itself of actual occupation “en tant que souverain” of the aforementioned territories. There is indeed no doubt that such effectiveness is clearly lacking([2 ...


Military Action To Recover Occupied Land: Lawful Self-Defense Or Prohibited Use Of Force? The 2020 Nagorno-Karabakh Conflict Revisited, Tom Ruys, Felipe Rodriguez Silvestre 2021 Ghent University

Military Action To Recover Occupied Land: Lawful Self-Defense Or Prohibited Use Of Force? The 2020 Nagorno-Karabakh Conflict Revisited, Tom Ruys, Felipe Rodriguez Silvestre

International Law Studies

In September 2020, heavy fighting erupted between Armenia and Azerbaijan in and around Nagorno-Karabakh, a region of Azerbaijan long controlled by Armenia. After two months of military confrontations, a tripartite ceasefire was concluded, drastically altering the pre-existing territorial status quo.

The "Second Nagorno-Karabakh War" brings to light a fundamental question for international law on the use of force—and one that has received limited attention in legal doctrine. The question is this: when part of a State’s territory is occupied by another State for an extended period of time, can the former still invoke the right of self-defense to ...


Provisions Of War Crimes According To The Islamic Legislation And International Law, Abdel-Majid Al Salahin 2021 Faculty of Sharia - University of Jordan

Provisions Of War Crimes According To The Islamic Legislation And International Law, Abdel-Majid Al Salahin

Journal Sharia and Law

The Subject "war crimes" has become one of the contemporary issues at the international levels. It has also became of major concern in the audio and visual media; therefore, it has become a topic worthy of investigation from the points of view of Islamic Law and International Law. The research, therefore, investigated the concept of was crimes and compared the components of war crimes both in Islamic Law and International Law. The research explained the types of war crimes as viewed by Islamic Law, and cited practices which Islamic Law considers as war crimes such as the killing of prisoners ...


European Union Food Law Update, Nicole Coutrelis 2021 Coutrelis & Associates, Brussels

European Union Food Law Update, Nicole Coutrelis

Journal of Food Law & Policy

On March 31, 2006, the European Commission published Council Regulation (EC) No. 510/2006 On the Protection of Geographical Indications and Designations of Origin for Agricultural Products and Foodstuffs. This new regulation repealed Council Regulation (EEC) No. 2081/92 On the Protection of Geographical Indications and Designations of Origin for Agricultural Products and Foodstuffs mainly to bring Community law into conformity with the World Trade Organization (WTO) agreements and the findings of a recent WTO panel. Under the new Regulation, persons in third countries (non-European Union members) are entitled to address applications for the protection of geographic names and statements ...


Beastly Bureaucracy' Animal Traceability, Identification And Labeling In Eu Law, Bernd M.J. van der Meulen, Annelies A. Freriks 2021 Wageningen University, the Netherlands

Beastly Bureaucracy' Animal Traceability, Identification And Labeling In Eu Law, Bernd M.J. Van Der Meulen, Annelies A. Freriks

Journal of Food Law & Policy

This contribution discusses animal traceability, identification and labeling requirements in European Union (EU) law. The requirements are lex specialis to more general requirements in EU food law. The aim is to set out this body of EU law and provide some understanding regarding its background. Along with the article by Margaret Rosso Grossman, it enables the reader to compare the EU system to the United States system.


International Criminal Responsibility Of The Individual: A Quantum Leap For Man’S Humanity, Giovanni Distefano 2021 Professor of International Law At the University of Neuchatel

International Criminal Responsibility Of The Individual: A Quantum Leap For Man’S Humanity, Giovanni Distefano

Journal Sharia and Law

Properly speaking, international criminal responsibility is not a new chapter of public international law, but rather the recent revival of an old chapter of the Law of Nations. In the recent past, we have seen the emergence of ad hoc international criminal tribunals that is with a limited competence, as established in their statutes.[1] Instead, today’s International Criminal Court enjoys, within its statutory (treaty) limits, a general jurisdiction; it is thus a permanent organ of a general character, mirroring the ICJ in matters of international criminal law. It will also be in charge of the international criminal responsibility ...


Terrorism The Phenomenon That Has No Common Consent On Its Definition, Mohamed Hasan AlQassimi 2021 Dean of the Faculty of Law, UAEU

Terrorism The Phenomenon That Has No Common Consent On Its Definition, Mohamed Hasan Alqassimi

Journal Sharia and Law

Recently, the world has witnessed arbitrary acts of terrorism and violence carried out by various individuals and/or organizations. The significance of studying terrorism - whatever the focus in such a potential study is - lies in that numerous international legal principles that are firmly established in international treaties or conventions have now become subject to controversy or - at least - have lost their practical value owing to different reactions vis - à - vis this phenomenon.

Undoubtedly, many studies have explored the phenomenon of terrorism in order to decipher the main motives behind its spread and to furnish relevant, appropriate and effective remedies. These ...


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