Combatting A Crisis Of Global Food Protectionism Sparked By The War In Ukraine,
2023
Ohio State University, Michael E. Moritz College of Law
Combatting A Crisis Of Global Food Protectionism Sparked By The War In Ukraine, Daniel C.K. Chow, Ian M. Sheldon
Vanderbilt Journal of Transnational Law
The world is currently gripped in a food crisis of historic proportions that is threatening tens of millions of people in the poorest countries of the world with famine and starvation. Sparked by the war in Ukraine, this crisis is being made worse by nations imposing export restrictions on food in a misguided attempt to curb soaring domestic food prices. Export restrictions are "beggar-thy-neighbor" policies that prevent increases in domestic food prices but at the expense of raising world prices, exacerbating the crisis. Although nations have turned to the World Trade Organization (WTO) for help in removing these export restrictions, …
The Enforceability Of Private Property And Contract Rights Against A Successor State In International Law,
2023
International Court of Justice, the Hague
The Enforceability Of Private Property And Contract Rights Against A Successor State In International Law, Daniel Costelloe
Vanderbilt Journal of Transnational Law
When one state replaces another in sovereignty over territory, several legal issues arise. One pressing issue that has fallen into neglect in scholarship concerns the enforceability of certain private rights, specifically property and contract rights, against the successor state. These include, for example, state contracts, concessions, or land grants by the government. This article examines the conceptual bases that have been invoked to explain the survival of such rights against a successor state. Even if such rights survive as a matter of customary international law, none of these theories acquired rights, subrogation, the continuity of the predecessor state's legal system …
The Identifiability Problem In Transnational Privacy Regulation,
2023
University of Illinois College of Law
The Identifiability Problem In Transnational Privacy Regulation, Xiaowei Yu
Vanderbilt Journal of Transnational Law
Commercial surveillance pervasively compromises data privacy by tracking consumers without meaningful consent or knowledge, yet there is no consensus on when data privacy laws should intervene. The crux lies in the standard of identifiability, which functions as the threshold trigger for when regulation is permissible. Ascertaining the identifiability of information is therefore critical to consumers, companies, and regulators, who must understand, comply with, and implement data privacy laws. As this Article shows, the world's key privacy jurisdictions the European Union, United States, and China-continue to struggle in similar ways with inadequately defining and inconsistently applying the concept of identifiability. This …
Establishing Control Order Regimes: The International Human Rights Law Implications For Pre-Conviction And Post-Release Control Orders,
2023
Vanderbilt University Law School
Establishing Control Order Regimes: The International Human Rights Law Implications For Pre-Conviction And Post-Release Control Orders, Natalie Garcia
Vanderbilt Journal of Transnational Law
Control orders are restrictive measures placed on individuals that pose an identified threat to public safety as a component of domestic counterterrorism policy. Control orders and their compliance with International Human Rights Law have been the subject of extensive litigation within the European Court of Human Rights and domestic states courts. Controlling provisions are applied in either the pre- conviction or the post-release stage of a state's criminal procedure. Pre- conviction control orders face significant criticism for the potential conflicts with due process protections of the right to a fair trial and the broader right of liberty. This Note describes …
A New Green Wave: Lessons From Argentina's Marea Verde For Legalizing Abortion Over Religious Opposition In The United States,
2023
Vanderbilt University Law School
A New Green Wave: Lessons From Argentina's Marea Verde For Legalizing Abortion Over Religious Opposition In The United States, Morgan Peck
Vanderbilt Journal of Transnational Law
This Note examines the role Christianity, particularly Roman Catholicism, played in influencing abortion laws in the United States and Argentina and offers a solution for new federal protections of abortion rights in the United States. Part II discusses the evolution of abortion rights in both countries, from their foundations to their recent reversals. Part III scrutinizes the ways in which religious ideology factored into the different logical frameworks utilized by the different parties involved in the fight for abortion access, the relevant tactics employed, and the subsequent outcomes. Considering the impact in Argentina of US jurisprudence regarding abortion rights, the …
Higher Wages In A High Inflation World: What The United States Can Learn From Icelandic Unionization,
2023
Cardozo International & Comparative Law Review
Higher Wages In A High Inflation World: What The United States Can Learn From Icelandic Unionization, Jack Berroug
Cardozo International & Comparative Law Review (CICLR) Blog
Since March 2020 when the COVID-19 pandemic shut down the entire world, inflation has slowly been on the rise. OECD countries across the globe immediately felt the effects of inflation and despite the increase in wages amongst workers globally, inflation outpaced nominal wage growth for many countries. Over the past couple years, many of the capitalist OECD countries have dealt with inflation in various ways with varying degrees of success. One capitalist country in particular has kept up with real wage growth despite inflation: Iceland. Iceland is the most unionized country in the world with 90 percent of its workplace …
The Uncertain Future Of Constitutional Democracy In The Era Of Populism: Chile And Beyond,
2023
New York University School of Law
The Uncertain Future Of Constitutional Democracy In The Era Of Populism: Chile And Beyond, Samuel Issacharoff, Sergio Verdugo
University of Miami Law Review
Largely missing from the extensive discussions of populism and illiberal democracy is the emerging question of 21st century constitutionalism. Nowadays, it is hard to see relevant constitutional changes without a strong appeal to direct popular political participation. Institutional mechanisms such as referenda, citizens’ assemblies, and constitutional conventions emerge as near-universal parts of the canon of every academic and political discussion on how constitutions should be enacted and amended. This Article’s aim is to offer a cautionary approach to the way participatory mechanisms can work in constitution-making and to stress the difference between the power to ratify constitutional proposals and the …
The Ideal Approach To Artificial Intelligence Legislation: A Combination Of The United States And European Union,
2023
University of Miami School of Law.
The Ideal Approach To Artificial Intelligence Legislation: A Combination Of The United States And European Union, Dane Chapman
University of Miami Law Review
The evolution of Artificial Intelligence (“A.I.”) from a speculative concept depicted in science fiction to its integration into various aspects of everyday life has brought about complex challenges for contemporary legislators. The proliferation of A.I. technology has led to a growing recognition of the need for regulation, as it poses both promises and threats to society. On the one hand, A.I. has the potential to enhance efficiency in various fields, such as medicine and automation of routine tasks. On the other hand, if left unregulated, A.I. has the potential to undermine democratic principles and infringe upon fundamental rights. Thus, legislators …
Crisis And General International Law: Lessons From The Russia-Ukraine Conflict,
2023
The West Bengal National University of Juridical Sciences
Crisis And General International Law: Lessons From The Russia-Ukraine Conflict, Atul Alexander
Indonesian Journal of International Law
The ongoing Russian aggression in eastern Ukraine has instilled fear in humanity, with concerns of a possible third world war. Furthermore, international law has been criticized for its lackadaisical role in halting the Russian aggression. The United Nations Security Council (UNSC) has not been able to pass a resounding resolution condemning the attacks. Although the United Nations General Assembly (UNGA) overwhelmingly adopted a resolution demanding that Russia immediately cease military operations in Ukraine, the resolution is not binding, despite being persuasive. This brief article highlights the structural crisis in general international law to effectively combat the tragedy unfolding in Ukraine. …
Discourse Enterprise In Natural Resource Management For The Common Heritage Of Mankind,
2023
Universitas Lampung
Discourse Enterprise In Natural Resource Management For The Common Heritage Of Mankind, Ahmad Syofyan, Rudi Natamiharja, Melly Aida, Desy Churul Aini, Daryanti Daryanti, Rasti Putri Januarti
Indonesian Journal of International Law
Common Heritage of Mankind (CHM) is a principle in which all entities can manage the natural resources that exist in the world and must share the benefits of their exploitation with other entities for the common good. However, the principle of CHM has not been structurally and legally regulated in space. The enthusiasm about ‘infinite natural wealth’ that space and seabed mining can produce, particularly in developing countries, means that they can benefit from the activities carried out in order for their regional and mineral resources to be declared as the heritage of mankind. The hypothesis obtained from this research …
Market Access Obligations And Foreign Investments In Renewable Energy: An Analysis Of International Trade And Investment Law Instruments,
2023
University of Qom
Market Access Obligations And Foreign Investments In Renewable Energy: An Analysis Of International Trade And Investment Law Instruments, Mohammad Akefi Ghaziani, Mostafa Fazaeli, Moosa Akefi Ghaziani, Huma Amin
Indonesian Journal of International Law
Today's development of renewable energy technologies is perceived as an essential ingredient of the world’s response to emerging challenges of energy security, global warming, and climate change. However, the global deployment of renewables needs huge financial and technological contributions that many States cannot afford. Therefore the promotion of foreign investments in this sector is at the stake. However, the global flow of investment and technology in this sector is not free from the regulations of international trade and investment law instruments. Among the prominent provisions common to these instruments are Market Access obligations. WTO agreements and IIAs provide for different …
Tanjungpura Port As An International Hub Port To Improve Economic Competitiveness: An Overview From International Law,
2023
Faculty of Law, Universitas Tanjungpura
Tanjungpura Port As An International Hub Port To Improve Economic Competitiveness: An Overview From International Law, Garuda Wiko, Fatma Muthia Kinanti, Muhammad Syafei, Muhammad Rafi Darajati, Adityo Darmawan Sudagung
Indonesian Journal of International Law
The Indonesian Government is currently in the process of developing several new ports in its territory as a means of supporting infrastructure development and maritime connectivity. One of them is the Development of the Kijing Terminal Port in the Province of West Kalimantan. It is important to study international and national legal regulations related to ports and how they affect the development of Tanjungpura Port, Kijing Terminal, which will be directed to become one of the international hub ports in Indonesia. The research methodology employed in this study is normative, with in-concreto legal study approach. It is found …
Relevance Of The Remedial Secession Theory For Indonesia's Territorial Integrity,
2023
Universitas Gadjah Mada
Relevance Of The Remedial Secession Theory For Indonesia's Territorial Integrity, Heribertus Jaka Triyana
Indonesian Journal of International Law
This article aims to analyse the remedial secession theory in international law relevant to the current international armed conflict between Russia and Ukraine waged by Russia’s recognition of Donbask and Luhansk independence. It might have legal as well as political impacts on the territorial integrity of a sovereign State such as Indonesia where human rights violations in Papua have become problematic. The analysis in this paper is mainly construed using the paradigm of customary international law as the primary source of international law to find out the relevance of the remedial secession theory in terms of its area, scope, and …
Judicialization In And Around The South China Sea,
2023
The Mission of Japan to ASEAN, Jakarta
Judicialization In And Around The South China Sea, Yoshinori Kodama
Indonesian Journal of International Law
This article examines why international legal dispute settlement procedures are traditionally less frequently resorted to in Southeast Asia, compared to other regions. It also analyzes why and how, since the beginning of this century, international legal cases, both judicial and arbitral, have been consistently used for settling maritime disputes in and around the South China Sea. Then, it presents prescriptive suggestions for further use of judicial and arbitral procedures. The method of analysis is based upon the examination and scrutiny of factual materials, including relevant international cases regarding the region, as well as interviews engaged by the author with officials …
International Law And The Israel-Hamas Conflict,
2023
Yeshiva University, Cardozo School of Law
International Law And The Israel-Hamas Conflict, Cardozo Law Institute In Holocaust And Human Rights (Clihhr)
2023 Event Invitations
Please join Professor Gabor Rona for a discussion on the frameworks of international law relevant to the Israel-Hamas conflict, including the UN Charter, the Geneva Conventions and the International Criminal Court.
International Law And The Israel-Hamas Conflict,
2023
Yeshiva University, Cardozo School of Law
International Law And The Israel-Hamas Conflict, Cardozo Law Institute In Holocaust And Human Rights (Clihhr)
2023–2024 Flyers
No abstract provided.
The Lessons Of 9/11 For October 7,
2023
Notre Dame Law School
The Lessons Of 9/11 For October 7, Mary Ellen O'Connell
NDLS in the News
October 7 is being called Israel’s 9/11. The comparison is apt for the lessons that can be learned as to the legality of launching a ground offensive to respond to terrorism.
Same-Sex Marriage In India: In The Pursuit Of Equality And Justice By The Supreme Court Of India,
2023
Yeshiva University, Cardozo School of Law
Same-Sex Marriage In India: In The Pursuit Of Equality And Justice By The Supreme Court Of India, Benjamin N. Cardozo School Of Law
2023–2024 Flyers
No abstract provided.
Advancing The Blue Economy Through Sustainable Mariculture : The Prospect Of Pearl Oyster And Sponge Farm Cultivation In St. Vincent And The Grenadines,
2023
World Maritime University
Advancing The Blue Economy Through Sustainable Mariculture : The Prospect Of Pearl Oyster And Sponge Farm Cultivation In St. Vincent And The Grenadines, Kevin Antonio Providence
World Maritime University Dissertations
No abstract provided.
Estimating The Extent Of Illegal Fishing In The Exclusive Economic Zone Of Sierra Leone,
2023
World Maritime University
Estimating The Extent Of Illegal Fishing In The Exclusive Economic Zone Of Sierra Leone, Isha Jebbeh Kpaka
World Maritime University Dissertations
No abstract provided.
