Customs Law,
2022
Southern Methodist University
Customs Law, Luis F. Arandia, D. "Bonni" Van Blarcom, James Feroli, Greg Kanargelidis, Daniel L. Kiselbach, Kathleen M. Murphy, Matt Nakachi, Rebecca Rodriquez, Brian K. Rowlands, Zachary Silver
The Year in Review
No abstract provided.
Introduction,
2022
Southern Methodist University
Introduction, Jason Scott Palmer, Kimberly Y. W. Holst
The Year in Review
No abstract provided.
Front Matter,
2022
Southern Methodist University
Epidemics And International Law: The Need For International Regulation,
2022
American University Washington College of Law
Epidemics And International Law: The Need For International Regulation, Claudio Grossman
University of Miami International and Comparative Law Review
This article presents comments by the author made to open the Miami Law Review conference on Epidemics1 and International Law.2 Its main purpose is to refer to the impact of COVID-19 on different norms and legal regimes, focusing mainly on the 2005 International Health Regulations (IHR), addressing areas of reform as well as the interactions of those norms with international human rights law. This will include the proposals of change for the 2005 IHR, designed to better protect vulnerable peoples in future global health crises. Some of the ideas presented in this contribution are included in a proposal that I …
Where The Rainbow Ends: The Hidden Humanitarian Crisis For Members Of The Lgbtqia+ Community In International Business,
2022
James Madison University
Where The Rainbow Ends: The Hidden Humanitarian Crisis For Members Of The Lgbtqia+ Community In International Business, John R. Krendel
Senior Honors Projects, 2020-current
Before pursuing an international career, members of the LGBTQIA+ community must be aware of the hardship that may be exacerbated by living and working abroad. This study addresses the trends in laws, including employment and anti-discrimination laws, that provide and restrict certain rights of members of the LGBTQIA+ community in eight countries. These nations, both progressive and discriminatory, include the United States, England, Switzerland, Germany, Taiwan, China, the Philippines and Kazakhstan. Eight LGBTQIA+ business professionals spoke on their experiences living and working in each of these countries and provided advice to members of the community wishing to pursue an international …
Incomplete International Investment Law -- Applying The Incomplete Contract Theory,
2022
University of Cincinnati College of Law
Incomplete International Investment Law -- Applying The Incomplete Contract Theory, Tae Jung Park
University of Cincinnati Law Review
There is a puzzle in the field of international investment law: many negotiating countries fail to complete their International Investment Agreements (“IIA”) and postpone the renegotiations for completion as well. The literature on IIAs has neglected to consider the existence, causes, and solutions of this phenomenon. This study employs the incomplete contract theory to explain the causes and solutions surrounding this phenomenon.
The Role Of Non-Governmental Organizations (Ngos) In Improving Human Rights In Iraq,
2022
University of Nebraska-Lincoln
The Role Of Non-Governmental Organizations (Ngos) In Improving Human Rights In Iraq, Naser A. Yahya
Department of Political Science: Dissertations, Theses, and Student Research
Iraq has had a long history of human rights violations since its inception as a modern state in 1921. This is true especially under the personalistic dictatorship of Saddam Hussein. Under his regime, the Iraqi people suffered a consistent pattern of gross violations of internationally recognized human rights, including political imprisonment, torture, and summary and arbitrary executions. This regime used a variety of mechanisms to squelch political dissent, including house-to-house searches; arbitrary arrests, often in large numbers; surveillance; harassment and questioning of family members; detention of targeted individuals, such as those returning to Iraq pursuant to amnesties, at unknown locations; …
Trafficking In Persons: The Reliability Of The Tier Ranking System And Its Ability To Influence Global Policy Decisions,
2022
University of Mississippi
Trafficking In Persons: The Reliability Of The Tier Ranking System And Its Ability To Influence Global Policy Decisions, Zoe Storck
Honors Theses
This research investigates the Trafficking in Persons (TIP) report published annually by the United States. Specifically, this research examines both the role that the Trafficking in Persons report plays in pushing specific human rights policy decisions throughout the world and its overall effectiveness in creating governmental response. The tier rankings and country narratives included in the report are essential for identifying specific government responses to recommendations made in the TIP report, and the tier rankings specifically have created a system that pressures countries to pursue steps toward combatting human trafficking. The data collection method utilized throughout this research consists primarily …
International Construction Law: The Development Of The Business And Human Rights Treaty And Its Implications On Migrant Workers,
2022
University of Georgia School of Law
International Construction Law: The Development Of The Business And Human Rights Treaty And Its Implications On Migrant Workers, Anna Parks Muecke
Georgia Journal of International & Comparative Law
No abstract provided.
Back To Basics: How International Election Observation Standards Can Strengthen Democracy In The United States,
2022
University of Georgia School of Law
Back To Basics: How International Election Observation Standards Can Strengthen Democracy In The United States, Ward Evans
Georgia Journal of International & Comparative Law
No abstract provided.
The Rise And Fall Of U.S. Secondary Sanctions: The Iran Outcasting And Re-Outcasting Regime,
2022
University of Georgia School of Law
The Rise And Fall Of U.S. Secondary Sanctions: The Iran Outcasting And Re-Outcasting Regime, Pardis Gheibi
Georgia Journal of International & Comparative Law
No abstract provided.
America’S Cash Bail Crisis: Learning From Our Common-Law Roots,
2022
Loyola Law School - Los Angeles
America’S Cash Bail Crisis: Learning From Our Common-Law Roots, Jake Feiler
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Offensive Cyber Operations And Future Littoral Operating Concepts,
2022
National Defense University
Offensive Cyber Operations And Future Littoral Operating Concepts, Jd Work
Military Cyber Affairs
Introduction of new ground-launch cruise missile options to hold adversary naval targets at risk in order to support conventional deterrence objectives through sea control and sea denial missions is the centerpiece of proposed reorganization of Marine Littoral forces, as part of new “Expeditionary Advanced Base Operations,” and “Littoral Operations in Contested Environments” concepts. Effective distributed sea control fires against pacing threat maritime formations requires defeat of integrated air defense systems. Offensive cyber operations capabilities may be considered as a means of altering the calculus of attrition in missile fires exchanges, but due to various sensitivities it has been difficult to …
Brignoni-Ponce And The Establishment Of Race-Based Immigration Enforcement,
2022
University of Washington
Brignoni-Ponce And The Establishment Of Race-Based Immigration Enforcement, Isabel Skilton
Washington International Law Journal
United States v. Brignoni-Ponce solidified the racist enforcement of United States immigration laws by allowing “Mexican appearance” to be a factor forming reasonable suspicion in a roving patrol. The United States Supreme Court rationalized race-based immigration enforcement by relying on erroneous immigration demographics and a misconstrued notion of serving the public interest. This comment demonstrates that the rationales provided by the Supreme Court are illogical, discriminatory, and harmful to communities of color. This comment analyzes the impacts of race-based discrimination and provides alternatives which may cabin the impact of Brignoni-Ponce. Aside from overruling Brignoni-Ponce in its entirety, a probable cause …
Patents And Plants: Rethinking The Role Of International Law In Relation To The Appropriation Of Traditional Knowledge Of The Uses Of Plants (Tkup),
2022
Dalhousie University
Patents And Plants: Rethinking The Role Of International Law In Relation To The Appropriation Of Traditional Knowledge Of The Uses Of Plants (Tkup), Ikechi Mgbeoji
PhD Dissertations
Legal control and ownership of plants and traditional knowledge of the uses of plants (TKUP) is often a vexed issue, particularly at the international level because of the conflicting interests of states or groups of states in the matter. The most widely used form of juridical control of plants and TKUP is the patent system which originated in Europe. This thesis rethinks the role of international law and legal concepts, the major patent systems of the world and international agricultural research institutions as they affect legal ownership and control of plants and TKUP. The analysis is cast in various contexts …
Challenging Some Baseline Assumptions About The Evolution Of International Commissions Of Inquiry,
2022
Trinity College Dublin
Challenging Some Baseline Assumptions About The Evolution Of International Commissions Of Inquiry, Michael A. Becker
Vanderbilt Journal of Transnational Law
Conventional accounts of the historical development of international commissions of inquiry reflect a progress narrative consisting of three propositions: (1) that recourse to inquiry bodies has increased dramatically in the post-Cold War era, (2) that inquiry bodies have evolved from mechanisms for "pure" fact- finding into quasi-judicial bodies that engage with international law, and (3) that the function of inquiry bodies has shifted from diplomatic dispute settlement to norm enforcement and accountability. Part I explains how this narrative simplifies and distorts the rich history of inquiry bodies in international affairs. Part II shows how the idea of a post-Cold War …
Suspension Of Citizenship: Ethical Concerns In International Commercial Surrogacy And The Legal Possibility Of Stateless Children,
2022
Vanderbilt University Law School
Suspension Of Citizenship: Ethical Concerns In International Commercial Surrogacy And The Legal Possibility Of Stateless Children, Rachael Curtin
Vanderbilt Journal of Transnational Law
Legal issues often exist in ethical gray areas. Advancements in reproductive technologies have increased family-building options for those that were previously unable to procreate. Similarly, globalization has increased family-placement options for children in the adoption context. However, when assisted reproductive technologies advance in a globalized world without regulation or international cooperation, international com- mercial surrogacy arrangements are governed by contractual systems that often protect the commissioning parties, rather than those who are most vulnerable and in need of protections. This Note examines how the current lack of international regulation and cooperation in the international commercial surrogacy context can leave children …
Criminalizing Starvation In An Age Of Mass Deprivation In War: Intent, Method, Form, And Consequence,
2022
Fletcher School of Law, Tufts University
Criminalizing Starvation In An Age Of Mass Deprivation In War: Intent, Method, Form, And Consequence, Tom Dannenbaum
Vanderbilt Journal of Transnational Law
Mass starvation in war is resurgent. Across a range of conflicts, belligerents have attacked farmers and humanitarian workers; destroyed, looted, or rendered unusable food and food sources; and cut off besieged populations from the external supply of essential goods. Millions have been left in famine or on the brink thereof. Increasingly, this has elicited calls for accountability. However, traditional criminal categories are not promising in this respect. The situation and nature of objects indispensable to survival is such that they typically provide sustenance to both civilians and combatants; the conduct that deprives people of those objects often involves acting on …
Independence And Liability In Civil Aviation Accident Investigations Through Annex 13 And The Montreal Convention,
2022
Vanderbilt University Law School
Independence And Liability In Civil Aviation Accident Investigations Through Annex 13 And The Montreal Convention, Joshua C. Moscow
Vanderbilt Journal of Transnational Law
International law governs the investigation of civil aviation accidents through the Chicago Convention and the International Civil Aviation Organization. Their standards, outlined primarily in Annex 13 to the Chicago Convention, require accident investigations to be conducted in an independent and impartial manner. Notwithstanding this requirement, a state with a nationalized airline may lead an Annex 13 investigation into an accident involving (essentially) itself. The conflict that arises when this occurs challenges Annex 13 independence-a challenge that may be difficult to avoid given the prevalence of nationalized airlines. While Annex 13 independence is threatened when a state assumes the role of …
Comparative Cybersecurity Law In Socialist Asia,
2022
University of Oxford
Comparative Cybersecurity Law In Socialist Asia, Ngoc S. Bui, Jyh-An Lee
Vanderbilt Journal of Transnational Law
This Article is a comparative study of the cybersecurity laws adopted in China and Vietnam in 2017 and 2018, respectively. The two laws both converge and diverge. Their convergences include the stringent regulation of banned acts, network operators, critical infrastructure, data localization, and personal data. These are all shaped by the immediate diffusion of China's Cybersecurity Law in Vietnam and broader structural factors: namely, the common features of the socialist state, socialist legality, and the statist approach to human rights. The foundational divergence is between the Chinese notion of cybersecurity sovereignty and the Vietnamese notion of national cyberspace, which is …
