International Law Commons^™

Negotiating The Implementation Of Children’S Right To Life With Bashar Al-Assad Regime: International Law And The Syrian Humanitarian Crisis, Yuri Mantilla

UC Law SF International Law Review

No abstract provided.

Delaware's New Competition, William J. Moon

Faculty Scholarship

According to the standard account in American corporate law, states compete to supply corporate law to American corporations, with Delaware dominating the market. This “competition” metaphor in turn informs some of the most important policy debates in American corporate law.

This Article complicates the standard account, introducing foreign nations as emerging lawmakers that compete with American states in the increasingly globalized market for corporate law. In recent decades, entrepreneurial foreign nations in offshore islands have used permissive corporate governance rules and specialized business courts to attract publicly traded American corporations. Aided in part by a select group of private sector …

An Economic Analysis Of Cyber Warfare Governance Models, Kevin M. Kelleher

Electronic Theses and Dissertations

Allusions to death delivered by bits and bytes have been in vogue since the Reagan administration. Yet, as the internet and its connected devices have since proliferated, cyber violence remains far more fiction than fact. Nevertheless, prominent U.S. officials have all but assured the eventuality of a devastating attack. In anticipation, political, legal, and industry experts are now seeking to codify and inculcate international norms to govern acts of war prosecuted via cyberspace. Two of the most prominent governance models to emerge are the Tallinn Manual and Microsoft’s Digital Geneva Convention. The driving thesis of this research argues that within …

Lawyer Regulation Stakeholder Networks And The Global Diffusion Of Ideas, Laurel S. Terry

Faculty Scholarly Works

This Article is a companion article to Laurel S. Terry, Global Networks and the Legal Profession, 53 Akron L. Rev. 137 (2019), https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3620399. That article explained why global networks are useful for lawyers and the clients they represent, introduced some of the scientific literature about networks, cited prior literature about (mostly domestic) legal profession networks, and then identified ways in which lawyers and their employers, including law firms, participate in global legal profession networks, as well as domestic networks.

This Article focuses on a subset of global legal profession networks, which are the global networks of lawyer regulation stakeholders. Section …

Down The Rabbit Hole: Applying A Right To Be Forgotten To Personal Images Uploaded On Social Networks, Eugenia Georgiades

Fordham Intellectual Property, Media and Entertainment Law Journal

The right to be forgotten has been the subject of extensive scrutiny in the broad context of data protection. However, little consideration has been given to the misuse of personal images that are uploaded on social networks. Given the prevalent use of online and digital spaces, social networks process and use various forms of data, including personal images that are uploaded by individuals. The potential for misuse of images is particularly acute when users upload images of third parties. In light of the European Union’s enshrinement of the “right to be forgotten” amid provisions of the General Data Protection Regulation …

Leviathan Goes To Washington: How To Assert The Separation Of Powers In Defense Of Future Generations

Florida A & M University Law Review

The separation of powers was originally drawn from the common law of England, vindicated during the American Revolution as a fundamental bulwark against tyranny, and constitutionalized in the first three articles of the U.S. Constitution. It was adopted as an assurance that the present generation would not assert dead-hand control over the future of American society for mere efficiency, vanity, or greed. The separation of powers, therefore, exists to empower future generations to contend for their rights of life, liberty, and property. Both the long history of the separation of powers and the recent, controversial practices of multinational government contractors …

Symposium Transcripts: International Arbitration: Friend Or Foe Of Corporations? February 12, 2019 Introductory Remarks, American University Business Law Review

American University Business Law Review

No abstract provided.

Fundamental Labour Standards And Corporate Sustainability: An Analysis Of The Regulatory Framework Of Core Workers' Rights And Its Integration In Contemporary International Business, S J. Rombouts, A J.F Lafarre

Intercultural Human Rights Law Review

The core of international protection of workers' rights is made up of the Fundamental Labour Standards that were developed in the framework of the International Labour Organization (ILO). These standards, included in the eight fundamental conventions of the ILO are part of public international law, but are also incorporated into a large number of other - public, private, binding and voluntary - instruments that regulate international corporate behavior and form the basis for worker protection in international corporate social responsibility mechanisms. Fundamental Labour Standards (FLS) aim to secure respect for the prohibition of child labour, the prohibition of forced labour, …

Beyond Culture: Reimagining The Adjudication Of Indigenous Peoples' Rights In International Law, Beatriz Garcia, Lucas Lixinski

Intercultural Human Rights Law Review

This article argues that the current model of Indigenous rights adjudication foregrounds essentialized notions of culture, backgrounding interests of Indigenous peoples (IPs) that are not necessarily related to culture. Culture imposes a burden that limits the possibilities of human rights for Indigenous peoples, which is at least in part attributable to the current model's lack of precision. We show that the jurisprudence on IP rights by international adjudicatory bodies focuses on culture without meaningful attempts to explain and define it, is imprecise on how culture affects the reading of the human right for which it serves as the basis, as …

Arresting The Nigerian Herders-Farmers Conflict: The Unconstitutionality Of The Ruga Policy, Jude Ezeanokwasa

Intercultural Human Rights Law Review

The Ruga policy which the Federal Government claims to be aimed at ending the herders-farmers conflict that has claimed thousands of lives and rendered thousands internally displaced is perceived in most segments of the Nigeria society as a policy that would exacerbate rather than end the conflict. It seeks to establish in the States of the Federation settlements for Fulani herders who are usually illegally armed with guns as against unarmed local farmers. Due to stiff opposition from mostly non-Fulani ethnic nationalities Government suspended the policy. Since the policy is only suspended and not jettisoned, it is possible that government …

Children, Chocolate, And Profits: A Policy-Oriented Analysis Of Child Labor And The Chocolate Industry Giants, Ann W. Deam

Intercultural Human Rights Law Review

In 2001, the chocolate industry adopted the Harkin-Engel Protocol, also referred to as the Chocolate Industry Protocol, in which it "publicly acknowledged the problem of forced child labor" with a promise to "commit significant resources to address it" and ensure that "cocoa beans and their derivative products have been grown and/or processed without any of the worst forms of child labor." The noble goals set forth in this voluntary, self-regulating agreement were to be attained by 2005. Twenty years have passed since the signing of the Chocolate Industry Protocol (CIP). The purpose of this paper is to determine the effectiveness …

Wto Reform: Multilateral Control Over Unilateral Retaliation - Lessons From The Us-China Trade War, Julia Ya Qin

Law Faculty Research Publications

No abstract provided.

Memorializing Dissent: Justice Pal In Tokyo, Mark A. Drumbl

Scholarly Articles

Memorials and monuments are envisioned as positive ways to honor victims of atrocity. Such displays are taken as intrinsically benign, respectful, and in accord with the arc of justice. Is this correlation axiomatic, however? Art, after all, may be a vehicle for multiple normativities, contested experiences, and variable veracities. Hence, in order to really speak about the relationships between the aesthetic and international criminal law, one must consider the full range of initiatives—whether pop-up ventures, alleyway graffiti, impromptu ceremonies, street art, and grassroots public histories—prompted by international criminal trials. Courts may be able to stage their own outreach, to be …

Hard And Soft Law Preferences In Business And Human Rights, Kishanthi Parella

Scholarly Articles

States and non-state actors, such as business organizations and NGOs, have varying preferences among regulatory options in business and human rights. Some actors prefer soft law governance while others advocate for legally binding solutions at the national and international levels. In this essay, I explore some of the factors that may explain why state and non-state actors hold these diverse preferences. I conclude that while some of these preferences may be attributable to the unique advantages of soft lawor hard law, other preferences likely depend on the effects produced by the interaction of both types of law within the broader …

Front Matter

The International Lawyer

No abstract provided.

Market Manipulation Through Short Selling Attacks And Misleading Financial Analyses

The International Lawyer

“Market abuse harms the integrity of financial markets and public confidence in securities and derivatives.” If legal protection at stock exchanges is insufficient and there is a lack of trust, citizens likely will not buy shares. Short-sell-attacks and incorrect financial analyses are not sufficiently regulated. As the directive on short selling only prohibits “uncovered short selling”, the actions of the short sellers are themselves not illegal, as long as they do not reach the threshold of stock price manipulation by false or misleading research reports. The tension of market manipulation, financial analyses, as well as freedom of press and freedom …

Culture, Morality, And The Law: The Treatment Of Homosexuals In Jamaica, Donovan Mcfarlane

Intercultural Human Rights Law Review

This paper presents the issue from the diverse contextualities including religion, natural law jurisprudence, culture and rule of law using the New Haven School of Jurisprudence methodology in dissecting the treatment of homosexuals in the island nation of Jamaica.

American Privacy Law At The Dawn Of A New Decade (And The Ccpa And Covid-19): Overview And Practitioner Critique, Kimberly Dempsey Booher, Martin B. Robins

Marquette Intellectual Property Law Review

No abstract provided.

Please, Hear My Cry: Judicial Interpretation Of Children’S Human Rights Under The Jurisprudence Of The Inter-American Court Of Human Rights, Áquila Mazzinghy

UC Law SF International Law Review

This research analyzed human rights violations against the children of the American continent over the past four decades, with a focus on the Latin American states. The research concentrated on the following crimes committed against children: extra-judicial killing, torture, sexual molestation, rape and forced disappearance. It analyzed, compared and organized over 60 judicial cases from the Inter-American Court of Human Rights. The overall research objective was to scrutinize the Court’s judicial interpretation of children’s human rights through direct consideration of the sentences’ text. To perform this objective, this research identified patterns of conduct in state violations of children’s human rights, …

Italy-Libya Memorandum Of Understanding: Italy’S International Obligations, Elisa Vari

UC Law SF International Law Review

No abstract provided.