Can The Language Of The Trans-Pacific Partnership Still Contribute To The International Investment System? An Analysis Of Tpp's Language Regarding States' Powers To Regulate,
2018
American University Washington College of Law
Can The Language Of The Trans-Pacific Partnership Still Contribute To The International Investment System? An Analysis Of Tpp's Language Regarding States' Powers To Regulate, Yurica Ramos Montes
Arbitration Brief
No abstract provided.
Dethroning State Security: Introducing A Human Security Perspective To Absorb The Dangers Of Climate Change To The Self-Determination Of Island State Inhabitants,
2018
University at Buffalo School of Law
Dethroning State Security: Introducing A Human Security Perspective To Absorb The Dangers Of Climate Change To The Self-Determination Of Island State Inhabitants, Anemoone Soete
Buffalo Environmental Law Journal
One unmistakable and indisputable consequence of Climate Change is found in the realm of oceans. Sea-levels are currently rising at a pace unknown to mankind and as a consequence island states are destined to lose habitable land territory. Whereas some may lose parts, others will lose all of it in the current business as usual scenario. This reality first begs the question as to whether an island state will continue to be a state once bereft of a territorial basis. Secondly, it must be considered how islanders might retain legal personality should this is no longer be possible through the …
Distribuzione (Commerciale) E Diritto: Variazioni Su Tema,
2018
Boston University School of Law
Distribuzione (Commerciale) E Diritto: Variazioni Su Tema, Daniela Caruso
Shorter Faculty Works
Nel febbraio 1988 Roberto Pardolesi festeggiava il suo quarantesimo compleanno circondato da un gran gruppo di studenti, tutti galvanizzati dalla sua presenza e dalla sua proverbiale energia. Unico e inimitabile, era brillante e alternativo, una forza anti-sistema all’interno di un ateneo ricco di menti acute ma anche di convolute gerarchie. Dall’Università di Chicago – sede del suo LL.M. nel 1976 – aveva importato non solo l’analisi economica del diritto, ma anche improbabili magliette a strisce, un forte spirito di iniziativa, e un’attitudine radicalmente antiformalista nel diritto come nella vita. Gli regalammo il libro I miei primi quarant’anni di Marina Ripa …
Miscarriages Of Justice In Chinese Capital Cases,
2018
UC Law SF
Miscarriages Of Justice In Chinese Capital Cases, Moulin Xiong, Michelle Miao
UC Law SF International Law Review
In recent years, the media exposure and judicial exoneration of wrongfully convicted defendants in a number of high-profile capital cases in China have attracted the attention of reformers, the general public, and policy makers—both domestic and international. Yet, until now, there has been merely a thin body of empirical literature on this salient research topic. This lack of academic attention is due to the political sensitivity of the topic and the lack of publicly-accessible data. This paper is aimed at filling this critical gap in the literature. Based on in-depth analysis of 122 deathsentenced innocents, of which 109 have been …
Globalization Of Business Lawyering In Japan,
2018
UC Law SF
Globalization Of Business Lawyering In Japan, Yoshimichi Makiyama
UC Law SF International Law Review
The development of a legal system under globalization has impacted the legal practice of cross-border transactions. Businesses are confronted with several legal systems in foreign jurisdictions, as well as, foreign languages. On the other hand, the role of the legal system of each country becomes relatively diminished in the area of cross border transactions. The legal risk may materialize as uncertain knowledge and recognition of foreign legal systems and international law. From this perspective, it is more important to understand the roles of lawyers who support solving legal issues in transnational business. Cross-border transactions involve several different jurisdictions where the …
Revolutionary Reform In German Constitutional Law,
2018
UC Law SF
Revolutionary Reform In German Constitutional Law, Stephan Jaggi
UC Law SF International Law Review
Since German unification in October 1990, this diagnosis of constitutionalism in Germany is only partly true. In the wake of German unification, the BVerfG acted within Ackerman’s revolutionary model and did refer to revolutionary achievements of the constitutional past. Contrary to Ackerman’s evaluation, the Court engaged in what I call “revolutionary reform” of German constitutional law by taking up revolutionary constitutional achievements of the East German 1989 Revolution and integrating them into the existing constitutional order under the West German Basic Law (Grundgesetz; GG). It is through revolutionary reform, I will argue, that the BVerfG has brought important change to …
Ilsa Journal Of International And Comparative Law,
2018
Nova Southeastern University
Ilsa Journal Of International And Comparative Law
ILSA Journal of International & Comparative Law
No abstract provided.
The Peace Vs. Justice Puzzle And The Syrian Crisis,
2018
Nova Southeastern University
The Peace Vs. Justice Puzzle And The Syrian Crisis, Paul R. Williams, Lisa K. Dicker, C. Danae Paterson
ILSA Journal of International & Comparative Law
Those involved in peace negotiations often face the dilemma of balancing demands for justice with the imperative of stopping the conflict as quickly as possible. There are abiding ethical and moral debates surrounding this tension between peace and justice.
Ilsa Journal Of International & Comparative Law,
2018
Nova Southeastern University
Ilsa Journal Of International & Comparative Law
ILSA Journal of International & Comparative Law
No abstract provided.
Think Fast: Post Judgment Considerations In Hague Child Abduction Cases,
2018
Nova Southeastern University - Shepard Broad College of Law
Think Fast: Post Judgment Considerations In Hague Child Abduction Cases, Timothy L. Arcaro
Faculty Scholarship
This article will focus on post judgment considerations in the context of federal district court proceedings, which frequently parallel the procedural aspects of U.S. state court proceedings. Part I of this article will examine the Abduction Convention structure and function to contextualize the interplay of return cases and post-judgment considerations. Part II will examine the flexible notions of Due Process and post-trial relief in Hague proceedings at the federal district court level. Part III will examine post-judgment access remedies and practical considerations in establishing custodial rights. In Part IV, I will share my conclusions on post-judgment relief in Hague Abduction …
Bio-Property Contracts In A New Ecosystem: Genetic Resources Access And Benefit Sharing,
2018
University of Washington School of Law
Bio-Property Contracts In A New Ecosystem: Genetic Resources Access And Benefit Sharing, Mariko Kageyama
Washington Journal of Law, Technology & Arts
The Nagoya Protocol on Access to Genetic Resources and the Fair and Equitable Sharing of Benefits Arising from their Utilization to the Convention on Biological Diversity presents a relatively new international legal framework. Although the United States is not currently bound by this legal instrument, its impact may be felt in the life sciences innovation sector and beyond. Transnational implementation mechanisms for the Nagoya Protocol have a combination of property law and contract law as their theoretical underpinning. Stakeholders who are entering into an agreement with their foreign counterparts should honor the Access and Benefit-Sharing scheme as well as domestic …
The Restructuring Plan And The Role Of Foreign Investments In Italian System,
2018
Ministero dello Sviluppo Economico
The Restructuring Plan And The Role Of Foreign Investments In Italian System, Vito Cozzoli, Antonio Morelli
Arbitration Brief
No abstract provided.
The Ideal Arbitrator: Does One Size Fit All?,
2018
University of Cambridge
The Ideal Arbitrator: Does One Size Fit All?, James Crawford
American University International Law Review
No abstract provided.
Dominic Ongwen And The Rotten Social Background Defense: The Criminal Culpability Of Child Soldiers Turned War Criminals,
2018
University of the Philippines
Dominic Ongwen And The Rotten Social Background Defense: The Criminal Culpability Of Child Soldiers Turned War Criminals, Raphael Lorenzo Aguiling Pangalangan
American University International Law Review
No abstract provided.
Views Of The Future Of The Field Of International Justice: A Scenarios Project Based On Expert Consultations,
2018
New York University
Views Of The Future Of The Field Of International Justice: A Scenarios Project Based On Expert Consultations, Jennifer Trahan
American University International Law Review
No abstract provided.
Freedom Of Expression And Opinion In Wartime: Assessing Ukraine's Ban On Citizen Access To Russian-Owned Websites,
2018
American University Washington College of Law
Freedom Of Expression And Opinion In Wartime: Assessing Ukraine's Ban On Citizen Access To Russian-Owned Websites, Natalie Holland
American University International Law Review
No abstract provided.
Limitations On The Right To Manifest Religion In European Private Companies: Achbita V. G4s Secure Solutions Nv Under Article 9 Of The Echr And Article 18 Of The Iccpr,
2018
American University Washington College of Law
Limitations On The Right To Manifest Religion In European Private Companies: Achbita V. G4s Secure Solutions Nv Under Article 9 Of The Echr And Article 18 Of The Iccpr, Shannon Riggins
American University International Law Review
No abstract provided.
Individual Criminal Liability And State Responsibility For Genocide: Boundaries And Intersections,
2018
Brazilian Foreign Service
Individual Criminal Liability And State Responsibility For Genocide: Boundaries And Intersections, Rafael Leme
American University International Law Review
No abstract provided.
False Hopes: Why A Renegotiated North American Free Trade Agreement Will Violate Conventions 87 And 98 Of The International Labor Organization,
2018
American University Washington College of Law
False Hopes: Why A Renegotiated North American Free Trade Agreement Will Violate Conventions 87 And 98 Of The International Labor Organization, Charlie Lyons
American University International Law Review
No abstract provided.
International Adjudication: Peaks, Valleys, And Rolling Hills,
2018
International Court of Justice
International Adjudication: Peaks, Valleys, And Rolling Hills, Joan Donoghue
American University International Law Review
No abstract provided.
