International Law Commons^™

The Double Whammy Of Being Female And African-American: How Black Women Are More Vulneralbe To Trafficking And Other Forms Of Discrimination, Cheryl Page

Journal Publications

Commercial sexual exploitation discriminates even among those that fall prey to this heinous criminal enterprise. It is impossible to comprehensively discuss this topic without addressing the fact that the majority of victims are female, females of color, traditionally are from a lower economic status, tend to not have as many educational opportunities, have experienced some form of abuse and trauma, have been a part of the foster care system, and have other vulnerabilities that make them even more susceptible to being trafficked. This discussion would be incomplete without also addressing how trafficking is connected to race and racial discrimination, poverty, …

Reflections On The International Law Commission And Its Role In World Affairs, Jeffrey S. Morton

FIU Law Review

No abstract provided.

Codification, Progressive Development, New Law, Doctrine, And The Work Of The International Law Commission On Peremptory Norms Of General International Law (Jus Cogens): Personal Reflections Of The Special Rapporteur, Dire Tladi

FIU Law Review

No abstract provided.

Business And Human Rights As A Galaxy Of Norms, Elise Groulx Diggs, Milton C. Regan, Beatrice Parance

Georgetown Law Faculty Publications and Other Works

In the last several years, there has been an increasing tendency to view the impacts of transnational business operations through the lens of human rights law. A major obstacle to holding companies accountable for the harms that they impose, however, has been the separate legal identity of corporate subsidiaries and of contractors in a company's supply chain. France's recently enacted duty of vigilance statute seeks to overcome this obstacle by imposing a duty on companies to identify potential serious human rights violations by their subsidiaries and by companies with which they have an “established commercial relationship.” Failure to engage in …

Political Trust In Kosovo: Exploring Cultural And Institutional Dynamics, Ermira Babamusta

Graduate Theses, Dissertations, and Problem Reports (ETD)

In this dissertation I examine political trust perceptions across different political-legal institutions and actors in Kosovo. I evaluate the levels of political trust using cultural and institutional performance explanations to investigate the key factors that have an impact on political trust. The study explores national political trust and international political trust, considering many domains of political trust: government, political leaders, political parties, Kosovo Courts, Kosovo Police, NATO, United Nations, European Union, and the Kosovo Specialist Court. There is growing concern about lower levels of political trust across Europe, especially in post-communist countries. In this study, I make the case that …

No Way, Usa!: The Lack Of A Repatriation Agreement With Cuba And Its Effects On U.S. Immigration Policies, Annasofia A. Roig

FIU Law Review

No abstract provided.

The International Law Commission’S Soft Law Influence, Elena Baylis

FIU Law Review

No abstract provided.

The International Law Commission’S Return To The Law Of Sources Of International Law, Danae Azaria

FIU Law Review

No abstract provided.

The Ilc’S Past Practice On Progressive Development And Codification Of International Law—An Empirical Analysis Focusing On The Law Of The Sea, Law Of Treaties And State Responsibility, Patrícia Galvão Teles

FIU Law Review

No abstract provided.

70 Years Of The International Law Commission, Its Future Role In The Changing Landscape Of International Law And The Small-Developing States Nexus, Michael Imran Kanu

FIU Law Review

No abstract provided.

The International Law Commission And The Progressive Development And Codification Of Principles Of International Environmental Law, Nilüfer Oral

FIU Law Review

No abstract provided.

Codification And Progressive Development Of International Law: A Legislative History Of Article 13(1)(A) Of The Charter Of The United Nations, Arnold N. Pronto

FIU Law Review

No abstract provided.

The International Law Commission Between Codification, Progressive Development, Or A Search For A New Role, Pavel Šturma

FIU Law Review

No abstract provided.

The Ilc At Its 70th Anniversary: Its Role In International Law And Its Impact On U.S. Jurisprudence, Siegfried Wiessner, Christian Lee González

FIU Law Review

No abstract provided.

Why Should Law And Policy Makers Understand Extremist Beliefs? The Islamic State (Isis) As A Case Study: Past, Present, And Future, Ali Rod Khadem

Lewis & Clark Law Review

The overarching argument in this Article is that inadequate comprehension of extremist doctrines undermines efforts in law and policy. Selecting the Islamic State (ISIS) as a case study, this Article attempts to resolve three legal and policy dilemmas by exposing internal ISIS doctrine (i.e. by considering the perspectives of the movement itself). This focus on ISIS is justified, for despite the movement’s recent territorial decline, it is precisely its doctrine and ideology that will persist and enable the rise of 2.0 and 3.0 movements modeled after the prototype. In considering ISIS, the aim here is to demonstrate the general need …

Data Exclusivities In The Age Of Big Data, Biologics, And Plurilaterals, Peter K. Yu

Texas A&M Law Review

The past decade has seen many new developments impacting the intellectual property system. The introduction of big data analytics has transformed the fields of biotechnology and bioinformatics while ushering in major advances in drug development, clinical practices, and medical financing. The arrival of biologics and personalized medicines has also revolutionized the healthcare and pharmaceutical industries. In addition, the emergence of bilateral, regional, and plurilateral trade agreements have raised serious, and at times difficult, questions concerning the evolution of domestic and international intellectual property standards.

One topic linking all three developments together concerns the establishment of international standards to protect clinical …

The Eu’S Struggles With Collective Action For Securities Fraud: An American Perspective, Dan Morrissey

Texas A&M Law Review

Notwithstanding the apparent exit of the United Kingdom, the European Union (“EU”) has grown in membership and power since its modest beginnings after World War II, now rivaling the U.S. in economic strength. With the goal of promoting the security and prosperity of all the citizens of the countries that belong to it, the EU is pressing ahead to adopt laws that will promote their political and financial integration. Along those lines, it has also recently acknowledged a deficiency in the legal systems of its member states when it comes to allowing collective actions for victims of various types of …

There's Voices In The Night Trying To Be Heard: The Potential Impact Of The Convention On The Rights Of Persons With Disabilities On Domestic Mental Disability Law, Michael L. Perlin, Naomi Weinstein

Articles & Chapters

This paper carefully examines, through a therapeutic jurisprudence framework, the likely impact of the ratification of this UN Convention on society’s sanist attitudes towards persons with mental disabilities. We argue that it is impossible to consider the impact of anti-discrimination law on persons with mental disabilities without a full understanding of how sanism -- an irrational prejudice of the same quality and character of other irrational prejudices that cause (and are reflected in) prevailing social attitudes of racism, sexism, homophobia, and ethnic bigotry -- permeates all aspects of the legal system and the entire fabric of American society.

Notwithstanding nearly …

The Rule Of Law In International Tax Relations, Jinyan Li

All Papers

This paper discusses the issue of rule of law in international tax relations. International tax relations refer to the relationship between countries in terms of substantive tax laws and tax administration. It aims to contribute to the conversations about the Belt and Road Initiative (BRI) tax administration cooperation.

Digital Labour Platforms: A Need For International Regulation?, Janine Berg, Miriam A. Cherry, Uma Rani

Faculty Publications

Web-based, digital labour platforms permit the real-time hiring of labour for a myriad of tasks from IT programming to graphic design to routine clerical tasks. The ease, flexibility and low-cost of outsourcing work to digital labour platforms has resulted in their growth, and this growth is likely to continue in the future. Yet these online activities pose important regulatory challenges that cannot effectively be addressed solely through national responses. Recognizing these difficulties, the ILO’s Global Commission on the Future of Work called for an international governance system for digital labour platforms that could set and require platforms, and their clients, …