International Law Commons^™

Tax Incentives And Sub-Saharan Africa, Karen B. Brown

Pepperdine Law Review

The OECD’s Base Erosion Profit Shifting (BEPS) project has taken a powerful and welcome look at many of the tax avoidance strategies that proliferate in a world where multinational enterprises are in the business of exploiting gaps in the tax laws of different countries to minimize their ultimate tax bills. The focus on international consensus and prescriptions for reform has not been an unqualified good for the nations in Sub-Saharan Africa, which find themselves in the position of reacting to standards and taking on compliance burdens set without sufficient consideration of their special circumstances. Because the path for the BEPS …

Are You In Or Out? Hong Kong And The Applicability Of The United Nations Convention On Contracts For The International Sale Of Goods, Cullen Threlkeld

Georgia Journal of International & Comparative Law

No abstract provided.

Systems Thinking And Global Health Governance, Elsie Hayford, Marice Ashe

Georgia Journal of International & Comparative Law

No abstract provided.

Re-Imagining Possibilities Of Governance For Global Health, Alicia Ely Yamin

Georgia Journal of International & Comparative Law

No abstract provided.

Foreword, Ved P. Nanda

Denver Journal of International Law & Policy

No abstract provided.

Fixing The Business Of Food: Aligning Food Company Practices With The Sdgs, Sustainable Development Solutions Network, Columbia Center On Sustainable Investment, Sanda Chiara Lab, Barilla Center For Food And Nutrition

Columbia Center on Sustainable Investment Staff Publications

The food sector confronts significant sustainable development challenges. It both contributes to, and suffers from, environmental degradation, especially human-induced climate change and deforestation. Although it can provide farming communities with livelihoods and incomes, it also can fuel land grabs that undermine community rights and wellbeing. The sector feeds the growing global population, but also contributes to the epidemics of obesity and metabolic diseases, while chronic malnutrition has continued to worsen in the years since adoption of the Sustainable Development Goals (SDGs).

In light of these challenges and opportunities, a number of frameworks, guidance documents, and standards have aimed to create …

Covid-19 And The 2020/21 International Moots Season, Siyuan Chen

Research Collection Yong Pung How School Of Law

This is the seventh annual review of Singapore’s performance in international moot court competitions. While the previous season already felt the ravaging effects of the pandemic, it was more of the same this season, although this time round, all the major competitions were prepared to go online.

Climate Justice And The Etos, Sara L. Seck

Articles, Book Chapters, & Popular Press

This chapter will explore whether the Maastricht Principles have contributed to the clarification of ETOs for human rights in relation to climate justice. I will first consider some conceptual issues of relevance to both the ETOs and the quest for climate justice. Second, with reference to several examples, I will illustrate how the concept of extraterritoriality may create confusion rather than clarity in the climate context. I will then illustrate how this confusion may be overcome if attention is paid to the precise nature of the relationships at issue to which obligations attach, rather than reinforcing the bright line of …

Securing Secrets: The Need For A Treaty Addressing State-Sponsored Economic Espionage, Jaylin Johnson

West Virginia Law Review

No abstract provided.

Covid-19 And The 2020/21 International Moots Season, Siyuan Chen

Research Collection Yong Pung How School Of Law

This is the seventh annual review of Singapore’s performance in international moot court competitions. While the previous season already felt the ravaging effects of the pandemic, it was more of the same this season, although this time round, all the major competitions were prepared to go online.

Rethinking Immigration Enforcement, Peter L. Markowitz

Articles

As the nation turns the page away from the dark chapter of President Trump's relentless assault on immigrants, it is time to take stock of the nation's unprecedented immigration enforcement regime. During its relatively short existence, the Immigration and Customs Enforcement agency (ICE) has deported more than twice as many people as were deported in the entire previous history of the United States. The human and fiscal costs of ICE's mass deportation agenda are astronomical, and there is almost universal agreement across the political spectrum that the United States' immigration enforcement apparatus is badly broken. That, however, is where the …

Jus Ad Bellum, Natural Law, And The Invasion Of Iraq, Johnny Davis, Johnny B. Davis

Liberty University Journal of Statesmanship & Public Policy

The thesis is the coalition invasion of Iraq violated international law because it went beyond the limited authority to use force given by United Nations Resolution 144 and violated natural law just war principles. The involvement of the United States not only violated just war principles but the requirements of the United States Constitution because Congress did not declare war as was required. The invasion also went beyond the legal limits imposed by the United States Joint Congressional Resolution authorizing the use passed on 2 October 2002. Further, the invasion was not justified by any prior United Nations resolution nor …

A Fresh Approach To What It Means To Be A Religious Refugee, Brienna Bagaric, Jennifer Svilar

Pepperdine Law Review

The world is currently experiencing an unprecedented displaced persons crisis. There are more than 70 million people worldwide who have been forcibly displaced from their homeland and are in search of a new country in which to settle. There is no international appetite to absorb these people. There is only one legal pathway by which displaced people can claim an entitlement to settle in another country. This is pursuant to the Refugee Convention. More than 140 countries including the United States are signatories to this convention. The difficulty experienced by displaced people is now particularly acute so far as entry …

The Plea Of Necessity: An Oft Overlooked Response Option To Hostile Cyber Operations, Louise Arimatsu, Michael N. Schmitt

International Law Studies

States are increasingly focused on the measures—cyber or otherwise—that they can take in response to hostile cyber operations. Although cyber operations are usually responded to with acts of “retorsion” (acts that are lawful, although unfriendly), international law recognizes other self-help mechanisms that allow for more robust responses. In the cyber context, most attention has focused on countermeasures and self-defense. Yet, both are subject to various limitations that constrain their availability.

This article examines a further option, the so-called “plea of necessity.” It allows States to respond to a hostile cyber operation when the action taken would otherwise be unlawful but …

Dapatkah Anak Indonesia Diadopsi Oleh Orang Asing Ditinjau Dari Aspek Hukum Perdata Internasional, Rizal Arif

Indonesian Journal of International Law

International adoption of Indonesian child is a part of International Private Law matter, such as there was a case that is done by a white person who discovered by the police while taking 9 babies (one untul three months old) in the Airport of Kemayoran, Jakarta, which is suspected as babies trafficking. Or, there was the desire to do an Indonesian child legal adoption of wealthy Singaporean couple without knowing the procedure. The member of Babies trafficking fenomenont has been increasing since the economic crisis happened in July 1997 and the globalization era of free trade, where the border among …

Belajar Dari Kegalalan Politik Pengelolaan Sda Orde Baru: Studi Kasus Kalimantan Timur, Aleksis Jemadu

Indonesian Journal of International Law

The province of East Kalimantan has the largers tropical forests in Indonesia. throughout the era of the New Order government under President Soeharto the natural resources especially tropical forests were sistematically exploited without any serious effort on the part of the government and private companies to take care of the social and environmental aspect of such exploitation. As a result, severe environmental degradation took place and the local people in the country side lost their sources of livelihood. In the midst of the presence of multinational corporations and private forest concessionaires ironically there were enclaves of poverty. In this area …

Tropical Deforestation As An International Externality: The Property Right Issue, Endah Murniningtyas

Indonesian Journal of International Law

The developing countries frequently blamed as a party who did the deforestation or do the forest logging. The developed countries try to give a penalty the developing countries with inserting environmental values to trade values. It caused a dispute between the parties because the developing countries highly dependent with the production of the major commodity, whose derived from the forest. In general, approved that the use of natural resources should pay attention the impact to the environment, either it is domestic or global environment. The universal environmental regulation and the environment whose adjusted with the boundaries in trade, in one …

Memerangi Kejahatan Kehutanan Dan Mendorong Prinsip Kehati-Hatian Perbankan Untuk Mewujudkan Pengelolaan Hutan Yang Berkelanjutan Pendekatan Anti Pencucian Uang, Bambang Setiono, Yunus Husein

Indonesian Journal of International Law

If the illegal logging is just a criminal whose involve the poor society which their life depend to the forest, truck driver or forest guards whose underpaid, that criminal would not be difficult to stop. With the involvement of support from the illegal logging funders, which usually called cukong, illegal logging industry and government employees, the illegal logging has become a complex problem, not only in Indonesia, but also for the international forest community. The forestry law enforcement approach which now is running failed to capture the mastermind of illegal logging. But, the money laundering law enforcement approach which with …

Berbagai Aspek Globalisasi Dan Pengaruhnya Pada Tata Hubungan Internasional, Burhan D. Mangeda

Indonesian Journal of International Law

The aim of the paper is to discuss the trend of globalization from political, ideological, security and defence, economics, socio cultural and international lawpoint of views, and their influences in forming the New World Order. The Trend shows the dominance of hte United States as the emerging og the United States as the ‘sole superpower’ and the spread of the ‘free market’ and liberalism. In terms of international law, there is a sneed to form interstates regulations regarding the flow of people, capital, informatio and other goods acctoss national boundaries.

Memahami Desentralisasi Fungsional (Perbandingan Praktek Di Belanda, Jepang, Usa, Dan Jerman), Irfan Maksum

Indonesian Journal of International Law

Functional decentralisation practices in developing countries are mixed with the so-called privatisation which is a part of economic desentalisation and/or delegatuon of administrative decentralisation. This concept research is important in order to understand the concet of decentralisation as a whole. This article tries to make comparison of functional decentralisation practices in four countries: the Netherlands, Japan, the United States, ang Germany.