Are The Spratly Islands An Outlying Archipelago Of China? Politico-Legal Implication Of Proclaiming The Spratly Islands As A China’S Outlying Archipelago That International Lawyers Should Know,
2023
Emory University School of Law
Are The Spratly Islands An Outlying Archipelago Of China? Politico-Legal Implication Of Proclaiming The Spratly Islands As A China’S Outlying Archipelago That International Lawyers Should Know, Youngmin Seo
Emory International Law Review
The issue of the outlying archipelago of continental states under the UNCLOS system has become a serious point of contention among international lawyers. This article shows what rules international lawyers in states possessing outlying archipelagos may have found for their outlying archipelagos, thereby assessing the Chinese claims to the Spratly Islands as an outlying archipelago. This article also explores how a future Chinese proclamation of special baselines for the Spratly Islands as an outlying archipelago negatively influences the development of the South China Sea dispute, harming Chinese national interests as opposed to conventional wisdom in China.
Developing American Wine Law – Lessons From European Wine Regulation In The Face Of Climate Change And Growing Demand,
2023
Emory University School of Law
Developing American Wine Law – Lessons From European Wine Regulation In The Face Of Climate Change And Growing Demand, Kyle Amendt Shimomura
Emory International Law Review
No abstract provided.
Financial Security Mechanisms To Cover Biodiversity Damage Resulting From The Use Of Genetically Modified Organisms,
2023
Emory University School of Law
Financial Security Mechanisms To Cover Biodiversity Damage Resulting From The Use Of Genetically Modified Organisms, Michael Faure, Minzhen Jiang
Emory International Law Review
No abstract provided.
The Urdu-Speaking Community Of Bangladesh: Forgotten Denizens Or Putative Citizens?,
2023
Emory University School of Law
The Urdu-Speaking Community Of Bangladesh: Forgotten Denizens Or Putative Citizens?, Naimul Muquim
Emory International Law Review
The Urdu-speaking community in Bangladesh, commonly known as the “Biharis” or “Stranded Pakistanis,” has been living in distressing circumstances. Despite the Supreme Court of Bangladesh declaring Urdu-speakers citizens of the country in 2008, there continues to be challenges related to their integration prospects. The community still faces widespread discrimination, primarily because of the Bangladeshi bureaucracy’s systemic neglect and the community’s former refugee and stateless status. This study examines to what extent Urdu-speakers are now able to enjoy full citizenship rights. It also assesses the government of Bangladesh’s existing policies and the relationship between citizenship and the law, comprising of both …
Corporate Governance And Gender Equality: A Study Of Comply-Or-Explain Disclosure Regulation,
2023
Seattle University School of Law
Corporate Governance And Gender Equality: A Study Of Comply-Or-Explain Disclosure Regulation, Aaron A. Dhir, Sarah Kaplan, Maria Arabella Robles
Seattle University Law Review
In 2020, the Nasdaq Stock Market filed a proposal with the U.S. Securities and Exchange Commission seeking permission to adopt a board diversity-related disclosure requirement for its listed companies. In 2021, the SEC approved the proposal, thus entrenching Nasdaq’s position as the most significant stock exchange to date to mandate listing rules that reflect the intention of diversifying corporate boardrooms. Nasdaq’s movement into the diversity space is not the first attempt to address homogeneous boards in the U.S. In 2009, the SEC adopted a rule requiring publicly traded firms to report on whether they consider diversity in identifying director nominees. …
Judicial Ethics And The Eradication Of Racism,
2023
Seattle University School of Law
Judicial Ethics And The Eradication Of Racism, Dontay Proctor-Mills
Seattle University Law Review
In 2020, the Washington Supreme Court entrusted the legal community with working to eradicate racism from its legal system. Soon after, Washington’s Commission on Judicial Conduct (hereinafter the Commission) received a complaint about a bus ad for North Seattle College featuring King County Superior Court Judge David Keenan. Along with a photo of Judge Keenan’s face, the ad included the following language: “A Superior Court Judge, David Keenan got into law in part to advocate for marginalized communities. David’s changing the world. He started at North.” The Commission admonished Judge Keenan for violating the Code of Judicial Conduct, in part …
Table Of Contents,
2023
Seattle University School of Law
Table Of Contents, Seattle University Law Review
Seattle University Law Review
Table of Contents
Why Corporate Boards Should Include Lgbtq+ People,
2023
Seattle University School of Law
Why Corporate Boards Should Include Lgbtq+ People, Jeremy Mcclane, Darren Rosenblum
Seattle University Law Review
Corporate boardrooms sit at the heart of most of society’s most consequential decisions but fall far short of the diversity of our society. The current movement toward board diversification aims to remedy the underrepresentation of marginalized groups on corporate boards. More recently, some efforts have included LGBTQ+ people, even though the basis for their inclusion on corporate boards remains largely unstated. This Article examines both the normative and instrumental bases for LGBTQ+ inclusion in board diversity initiatives, articulating unspoken assumptions and linking LGBTQ+ people to the broader inclusion effort. In so doing, it begins to surface the unique issues LGBTQ+ …
Securing Patent Law,
2023
American University Washington College of Law
Securing Patent Law, Charles Duan
Scholarly Articles in Law Reviews & Journals
A vigorous conversation about intellectual property rights and national security has largely focused on the defense role of those rights, as tools for responding to acts of foreign infringement. But intellectual property, and patents in particular, also play an arguably more important offense role. Foreign competitor nations can obtain and assert U.S. patents against U.S. firms and creators. Use of patents as an offense strategy can be strategically coordinated to stymie domestic innovation and technological progress. This Essay considers current and possible future practices of patent exploitation in this offense setting, with a particular focus on China given the nature …
Are Threats To Impose Financial Sanctions An Effective Approach For The United States To Protect Lgbtq Rights In Africa?,
2023
Emory University School of Law
Are Threats To Impose Financial Sanctions An Effective Approach For The United States To Protect Lgbtq Rights In Africa?, Ryan J. Mcelhose
Emory International Law Review Recent Developments
No abstract provided.
A Scientific Method For International Taxation?,
2023
Emory University School of Law
A Scientific Method For International Taxation?, Luiza Leite De Queiroz
Emory International Law Review Recent Developments
Fractioning and fairly distributing parts of a whole is never quite straightforward. Whether we speak of justly portioning and dividing scrambled eggs between siblings or jurisdictional claims over the ocean space between nations, reckoning with the dilemmas of sharing is an integral part of the human experience. Acknowledging that, this essay contends that contemporary discussions on fairness in international taxation ought to be situated within this broader context. It is centrally argued that justly allocating taxing entitlements over cross-border wealth is a task contingent on the same subjective predicaments seen in the division process of any given valuable whole. The …
The Kurds, Turkey, And Strasbourg: Failure To Find And Remedy Discrimination Amid A Century-Old Mountain Of Evidence,
2023
Emory University School of Law
The Kurds, Turkey, And Strasbourg: Failure To Find And Remedy Discrimination Amid A Century-Old Mountain Of Evidence, Samuel I. Horowitz
Emory International Law Review Recent Developments
No abstract provided.
Disarmament Is Good, But What We Need Now Is Arms Control,
2023
University of Alabama School of Law
Disarmament Is Good, But What We Need Now Is Arms Control, Daniel H. Joyner
Articles
This article aims to correct a number of misconceptions held by both scholars and activists about the United Nations Treaty on the Prohibition of Nuclear Weapons (TPNW), and international nuclear weapons law generally. It first reviews the development of international law related to nuclear weapons, and provides a novel taxonomy of legal obligations divided into three substantive categories. It then examines the TPNW within that taxonomy, and considers how it should be understood to fit within this legal context. It concludes that the TPNW is essentially a nuclear disarmament treaty. While it should be welcomed as a contribution to nuclear …
Unraveling The International Law Of Colonialism: Lessons From Australia And The United States,
2023
Sandra Day O’Connor College of Law, Arizona State University
Unraveling The International Law Of Colonialism: Lessons From Australia And The United States, Robert J. Miller, Harry Hobbs
Michigan Journal of Race and Law
In the 1823 decision of Johnson v. M’Intosh, Chief Justice John Marshall formulated the international law of colonialism. Known as the Doctrine of Discovery, Marshall’s opinion drew on the practices of European nations during the Age of Exploration to legitimize European acquisition of territory owned and occupied by Indigenous peoples. Two centuries later, Johnson—and the international law of colonialism—remains good law throughout the world. In this Article we examine how the Doctrine of Discovery was adapted and applied in Australia and the United States. As Indigenous peoples continue to press for a re-examination of their relationships with governments, …
Notes On Continental Constitutional Identities,
2023
Swinburne Law School, Melbourne, Australia
Notes On Continental Constitutional Identities, Benjamen F. Gussen
Vanderbilt Journal of Transnational Law
Geo-constitutional analysis examines the reciprocal effect of geography on constitutions. Within this analysis, a continental constitutional identity focuses on the intersection between institutional geographies and institutional identities, where constitutions are understood as meta-institutions. In some constitutions, belonging to a continent is part of the national identity, while other constitutions only signal a non-geographic, usually an ethnic, identity. The US Constitution is an example of the former. The quintessential example of a non-geographic constitution is the Constitution of the Russian Federation. A similar disregard of continental identities can be found in Israel and the Arab League countries east of the Sinai …
Ecolabeling In The Multinational Mining Industry: A Method Toward Environmental Sustainability,
2023
Vanderbilt University Law School
Ecolabeling In The Multinational Mining Industry: A Method Toward Environmental Sustainability, Regina Raze
Vanderbilt Journal of Transnational Law
The international mining industry's environmental impact is not new. However, with the rise of international scrutiny on climate change and global warming, what the industry can do to lessen its impact is changing. Consumers are demanding stronger commitments to the environment from producers, and producers are therefore requiring stronger commitments from their suppliers. One such commitment the extractive industry can adhere to is implementing an ecolabeling regime for open pit mines mining critical minerals for consumer products. Ecolabels signal to customers that the environment is a priority for companies. However, with an ecolabel comes trade implications and concerns about accuracy. …
Enforcing Soft Law In International Investment Arbitration,
2023
University of Akron School of Law
Enforcing Soft Law In International Investment Arbitration, Vera Korzun
Vanderbilt Journal of Transnational Law
Drawing examples from international environmental law, sustainable development, and corporate social responsibility, this Article examines the evolving role of international investment arbitration in the enforcement of non-binding soft law rules of international law. In doing so, the Article explains how investment tribunals can, and have been called upon to, interpret and, paradoxically, enforce soft law instruments. The Article calls for reevaluation of the nature of soft law and the role of investor-state dispute settlement in international rulemaking and enforcement. It also argues that for international environmental law and law on sustainable development, where the lack of an enforcement mechanism has …
How Transnationally Effective Are The Uk Migration Policies In Relation To Missing Migrants? A Transnational Law Perspective,
2023
Vanderbilt University Law School
How Transnationally Effective Are The Uk Migration Policies In Relation To Missing Migrants? A Transnational Law Perspective, Luke N. Eda
Vanderbilt Journal of Transnational Law
All over the world, several thousands of migrants go missing when they attempt to flee from war, violence, persecution, repressive regimes, systematic human rights violations, etc. Thousands die each year in deadly shipwrecks in a desperate attempt to enter Europe and the United Kingdom. In these instances of deaths and loss, international human rights law imposes duties on states to account for people missing in transnational migration and to respect the rights of members of their families. Despite such provisions, states sometimes deny that they have obligations to deal with cases of migrants reported missing in transnational migration until migrants …
Space Debris Mitigation: A Unified Policy Framework,
2023
Walden University
Space Debris Mitigation: A Unified Policy Framework, Forrest Randall Jones
Walden Dissertations and Doctoral Studies
Space debris is a growing problem that impacts the ability to maneuver and conduct space missions, creates hazards for people on Earth, and has the potential for severe environmental damage. Clean-up efforts are not viable in the modern era due to a lack of viable, affordable, and safe technology conducive to such lines of effort. This leaves mitigative and preventative policy measures as the most effective way to proffer a solution to the problem. Public policy has largely failed to address space debris mitigation effectively due to the fragmentation of policies standards and a lack of horizontal integration of policies …
An Interdisciplinary Approach To The Legal History Of Northern Ireland (1921-1948): Methods And Sources,
2023
University of Richmond School of Law
An Interdisciplinary Approach To The Legal History Of Northern Ireland (1921-1948): Methods And Sources, Molly Lentz-Meyer
Law Faculty Publications
Approaches from legal scholarship include primary sources such as statutes and case law, as well as legislative histories which legal scholars rarely consider ‘history’ in the same way as historians. Rather, legal scholars often look to legislative histories to discern the intent of the legislature in enacting laws for the sole purpose of interpreting a statute’s meaning. This study utilises the research tools employed by legal scholars – statutory law, case law, and legislative histories – to examine the establishment of the legal system in Northern Ireland. The study will focus on the early period of devolution (1921 – 1948) …
