Open Access. Powered by Scholars. Published by Universities.®

International Law Commons

Open Access. Powered by Scholars. Published by Universities.®

30,629 Full-Text Articles 21,415 Authors 24,165,433 Downloads 228 Institutions

All Articles in International Law

Faceted Search

30,629 full-text articles. Page 1 of 702.

Invisibility And Dis-Identification Of Algerian Women: Feminist Jurisprudence Eyes On The Legal Provisions Related To Personal Status And Criminal, Sophia Lina Meziane 2023 American University in Cairo

Invisibility And Dis-Identification Of Algerian Women: Feminist Jurisprudence Eyes On The Legal Provisions Related To Personal Status And Criminal, Sophia Lina Meziane

Theses and Dissertations

Much of the debate around women’s rights in legal systems focuses on the increase of protection as a legal mechanism for approaching and guaranteeing gender equality. Yet, what extensive or comprehensive analysis has been done on how effective such laws are when applied? This thesis discusses the extent to which a feminist legal theory, separate and distinct from the patriarchal legal system, can demonstrate how an Islamic or Napoleonic order is conceptually another male rationality. While one could possibly identify inefficiencies of laws proclaiming equality and protection for women, the context of the question is inevitably entrenched in the very …


Typing A Terrorist Attack: Using Tools From The War On Terror To Fight The War On Ransomware, Jake C. Porath 2023 Pepperdine University

Typing A Terrorist Attack: Using Tools From The War On Terror To Fight The War On Ransomware, Jake C. Porath

Pepperdine Law Review

The United States faces a grave challenge in its fight against cyberattacks from abroad. Chief among the foreign cyber threats comes from a finite number of “ransomware-as-a-service” gangs, which are responsible for extorting billions of dollars from American citizens and companies annually. Prosecuting these cybercriminals has proven exceedingly difficult. Law enforcement often struggles to forensically trace ransomware attacks, which makes identifying and prosecuting the perpetrators challenging. Moreover, even when prosecutors can identify the perpetrators of these attacks, the ransomware gangs are headquartered in foreign adversarial nations that do not extradite criminals to the United States. Finally, ransomware gangs are governed …


Prevention Or Creation Of Terrorism? The Sri Lankan Prevention Of Terrorism Act, Abigail Castle 2023 University of Cincinnati College of Law

Prevention Or Creation Of Terrorism? The Sri Lankan Prevention Of Terrorism Act, Abigail Castle

Immigration and Human Rights Law Review

Abstract

The tyrannical Sri Lankan Prevention of Terrorism Act (“PTA”) has been in effect for over forty years. Dating back to the decades-long civil war, the PTA has terrorized Sri Lankan citizens. The PTA authorizes the Sri Lankan government to arbitrarily detain citizens without warrants for up to eighteen months; use torture to extract confessions; and target protesters, minority groups, and political opponents. The PTA creates a breeding ground for numerous human rights violations with no accountability for the officials who commit human rights abuses. The use of the Act has intensified since 2019 with the Easter Sunday Bombings and …


Politics And Policy Of The Falling Birth Rate In Italy: Predictions And Concerns, Erin Lindsay 2023 Cardozo International & Comparative Law Review

Politics And Policy Of The Falling Birth Rate In Italy: Predictions And Concerns, Erin Lindsay

CICLR Online

The birth rate in Italy had been a topic of concern for the past couple decades, making it a source of conversation and debate among political parties and candidates in Italy. With the election of a new Italian government and the prediction of Giorgia Meloni being Italy’s new prime minister, how Meloni and her party have spoken of and plan to tackle the falling birth rate is a discussion occurring around the world. The falling birth rate was concerning to country leaders prior to the start of the COVID-19 pandemic, but statistics show that the Italian birth rate has fallen …


Free Speech: A Right In Crisis As Turkish Parliament Passes New “Disinformation” Bill, Zaira A. Rojas Navarro 2023 Cardozo International & Comparative Law Review

Free Speech: A Right In Crisis As Turkish Parliament Passes New “Disinformation” Bill, Zaira A. Rojas Navarro

CICLR Online

Shards of glass and plastic flew across the floor as legislator Burak Erbay, a member of the Republican People’s Party, hammered and smashed a smartphone Wednesday night while addressing the Turkish parliament in opposition to president Recep Tayyip Erdoğan proposed Disinformation Bill. Erbay argued the Bill’s clampdown on social media would make smartphones obsolete. Turkish authorities reported to the Venice Commission and the Directorate General of Human Rights and Rule of Law (DGI) of the Council of Europe that the principal goal of the new legislation is to “prevent the spread of fake, untrue, baseless, and false information designed to …


Adopting Components Of European Union Esg Securities Regulations Into United States Securities Regulation, Chris Wright 2023 Penn State Law

Adopting Components Of European Union Esg Securities Regulations Into United States Securities Regulation, Chris Wright

Penn State Journal of Law & International Affairs

No abstract provided.


Places In Purgatory: Accumulation Through Dispossession In U.S. Territories, Erin McCracken 2023 Penn State Law

Places In Purgatory: Accumulation Through Dispossession In U.S. Territories, Erin Mccracken

Penn State Journal of Law & International Affairs

No abstract provided.


Men Are Winning: Why Paid Paternity Leave Has Not Taken Full Flight In The United States, Nina Franco 2023 Penn State Law

Men Are Winning: Why Paid Paternity Leave Has Not Taken Full Flight In The United States, Nina Franco

Penn State Journal of Law & International Affairs

No abstract provided.


Mapping The Evolution Of Legitimacy: Arbitration Clauses In Investment Chapters Of American International Free Trade Agreements, Victoria Crynes 2023 Penn State Law

Mapping The Evolution Of Legitimacy: Arbitration Clauses In Investment Chapters Of American International Free Trade Agreements, Victoria Crynes

Penn State Journal of Law & International Affairs

No abstract provided.


Emancipating Human Rights Protection From The State's Stronghold: The Need For Multi-Stakeholder Solutions, Mariana Olaizola Rosenblat 2023 Penn State Law

Emancipating Human Rights Protection From The State's Stronghold: The Need For Multi-Stakeholder Solutions, Mariana Olaizola Rosenblat

Penn State Journal of Law & International Affairs

No abstract provided.


Comparative Rights To Counsel And Access To Justice: The American And Brazilian Approaches And Realities, Fernanda Antunes Marques Junqueira, Flavio da Costa Higa, Benjamin H. Barton 2023 Penn State Law

Comparative Rights To Counsel And Access To Justice: The American And Brazilian Approaches And Realities, Fernanda Antunes Marques Junqueira, Flavio Da Costa Higa, Benjamin H. Barton

Penn State Journal of Law & International Affairs

No abstract provided.


An Imperfect War: The Legality Of The 'Soleimani Strike' And Why The Biden Administration Should Adopt Its Precedent For Future Operations In Iraq And Afghanistan, Stephen Jackson 2023 Penn State Law

An Imperfect War: The Legality Of The 'Soleimani Strike' And Why The Biden Administration Should Adopt Its Precedent For Future Operations In Iraq And Afghanistan, Stephen Jackson

Penn State Journal of Law & International Affairs

No abstract provided.


Democratic Accountability In Stressful Times: When Decisions Must Be Made Quickly, Letizia Gianni 2023 Penn State Law

Democratic Accountability In Stressful Times: When Decisions Must Be Made Quickly, Letizia Gianni

Penn State Journal of Law & International Affairs

No abstract provided.


Dedication, 2023 Penn State Law

Dedication

Penn State Journal of Law & International Affairs

No abstract provided.


Foreword, 2023 Penn State Law

Foreword

Penn State Journal of Law & International Affairs

No abstract provided.


Table Of Contents, 2023 Penn State Law

Table Of Contents

Penn State Journal of Law & International Affairs

No abstract provided.


Commercialization Of Separated Human Body Parts - Unpacking Instrumentalization Approach, Arseny Shevelev, Georgy Shevelev 2023 Pace University

Commercialization Of Separated Human Body Parts - Unpacking Instrumentalization Approach, Arseny Shevelev, Georgy Shevelev

Pace International Law Review

The principle of non-commercialization, which prohibits trade in separated human body parts, has long been firmly embedded in many European legal orders and has become an integral part of them. However, many new uses for human biomaterials have now been discovered, and the need for them has reached a historical climax. This paper aims to explain the main tenets of non-commercialization theory, including such principles as human dignity and need to protect human’s health, and to show that these categories have so far been understood in a very one-sided and visceral way, and largely in contradiction to their true spirit. …


From Well-Side Meetings To Pelican Strategy: A Context-Based Approach To Combat Corruption, Lili Yan 2023 Saint Mary's College of California

From Well-Side Meetings To Pelican Strategy: A Context-Based Approach To Combat Corruption, Lili Yan

Pace International Law Review

This article takes up the question of what strategy is to be used among different communities to eradicate corruption across borders. The debate between two legal scholars, Steven Salbu and Philip Nichols, over the viability of extraterritorial application of anti-bribery laws remains thought-provoking when we look at the effectiveness of the OECD Anti-bribery Convention or FCPA in curbing corruption. Empirical research shows that firms from countries with extraterritorial legal restrictions do not necessarily refrain themselves from paying bribes in foreign transactions. This article ties the Salbu-Nichols’ debate, ISCT, mediating institutions theory, and Pelican Gambits strategy together to structure a context …


Discrimination On The Basis Of Nationality Under The Convention On The Elimination Of Racial Discrimination, William Thomas Worster 2023 The Hague University of Applied Sciences

Discrimination On The Basis Of Nationality Under The Convention On The Elimination Of Racial Discrimination, William Thomas Worster

Pace International Law Review

Following a recent judgment by the International Court of Justice (ICJ), a divergence has opened between the Court and the Committee on the Elimination of Racial Discrimination (CERD Committee) over whether the Convention on the Elimination of All Forms of Racial Discrimination (CERD) covers nationality-based discrimination. The ICJ held that the CERD does not, but the CERD Committee had previously held the opposite. The solution to this difference is to recognize that the CERD excludes discrimination between citizens and aliens, and, in this, the ICJ was correct. However, this discrimination is distinct from discrimination between foreign persons on the basis …


The Future Of Pandemics: Land Use Controls As Means Of Preventing Zoonotic Disease, Bailey Andree 2023 Elisabeth Haub School of Law at Pace University

The Future Of Pandemics: Land Use Controls As Means Of Preventing Zoonotic Disease, Bailey Andree

Pace International Law Review

Zoonotic diseases are increasing in frequency as climate change worsens around the world, with the recent COVID-19 pandemic highlighting the inadequate mechanisms in place to counteract disease spread. This article reviews various zoonotic diseases and their patterns of spread, highlighting land use change as the key driver of disease to demonstrate the need for legal intervention. International land use law is a little-developed subsect of environmental law that holds the key to combating this disease spread, and this article proposes solutions through this legal lens. Land use techniques which may be used to combat disease spread include conservation laws, setback …


Digital Commons powered by bepress