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Safeguarding The Future Of Bangladeshi Children: The Need For A Comprehensive National Educational System, Samantha A. Barach 2017 Brooklyn Law School

Safeguarding The Future Of Bangladeshi Children: The Need For A Comprehensive National Educational System, Samantha A. Barach

Brooklyn Journal of International Law

The United Nations Convention on the Rights of the Child (CRC)—the human rights treaty ratified by the most States Parties—is binding international law which enumerates the rights guaranteed to all children worldwide. Despite the widespread ratification of the CRC, many countries lack the proper legislation and agencies to ensure that these rights are afforded to all children. One such country is Bangladesh. A relatively new country, Bangladesh gained its independence in 1971 and was one of the first twenty countries to ratify the CRC. Notwithstanding this eagerness to promote children’s rights, Bangladeshi children suffer from a high level of abuse …


Restructuring Intellectual Property Jurisdictions Post-Brexit: Strategic Considerations For The Eu And Britain, Alexandra George 2017 Brooklyn Law School

Restructuring Intellectual Property Jurisdictions Post-Brexit: Strategic Considerations For The Eu And Britain, Alexandra George

Brooklyn Journal of International Law

Britain’s decision to “Brexit” from the European Union has caused great uncertainty and justified concern with respect to intellectual property laws and investments. Post-Brexit arrangements between the European Union and Britain have not yet been determined, and it is unclear whether these will be settled with respect to intellectual property law before Brexit is due to take effect in 2019. With intellectual property intensive industries accounting for 88 percent of EU imports and 90 percent of EU exports, British-EU intellectual property arrangements are the subject of intense interest worldwide as intellectual property owners and users speculate as to the likely …


Slipping Through The Cracks: How Digital Music Streaming Cuts Corners On Artists’ Royalty Revenues Globally, Frances Lewis 2017 Brooklyn Law School

Slipping Through The Cracks: How Digital Music Streaming Cuts Corners On Artists’ Royalty Revenues Globally, Frances Lewis

Brooklyn Journal of International Law

At a time when the digital distribution of music is dominating the music industry, there are more music consumers than ever. This makes it vitally important for performing artists to receive the credit they are due. An inherent problem in music’s digital distribution market is that music streaming companies often fail to acquire proper licenses to expand their music libraries faster than their competitors. Performing artists who may not have the same income stream as their A-list counterparts often cannot bear the cost of litigation to pursue uncredited royalties. The U.S. class action model provides performing artists with a legal …


The Scrivener’S Secrets Seen Through The Spyglass: Gchq And The International Right To Journalistic Expression, Matthew B. Hurowitz 2017 Brooklyn Law School

The Scrivener’S Secrets Seen Through The Spyglass: Gchq And The International Right To Journalistic Expression, Matthew B. Hurowitz

Brooklyn Journal of International Law

As part of the U.K.’s electronic surveillance program, the Government Communications Headquarters (GCHQ), started in 1909 to combat German Spies, now collects metadata from both foreigners and its own citizens. Through the express statutory authority of the Regulation of Investigatory Powers Act of 2000 (RIPA), and a loophole in section 94 of the Telecommunications Act of 1984, the GCHQ collects metadata, which is all of the information that is extrinsic to the actual contents of a communication. The GCHQ can request an authorization from a public authority—a member of its own staff—to collect traffic data, service use information, or subscriber …


Tax In The World Of Antitrust Enforcement: European Commission’S State Aid Investigations Into Eu Member States’ Tax Rulings, Nina Hrushko 2017 Brooklyn Law School

Tax In The World Of Antitrust Enforcement: European Commission’S State Aid Investigations Into Eu Member States’ Tax Rulings, Nina Hrushko

Brooklyn Journal of International Law

In August 2016, after a two-year investigation, the European Commission issued a negative State aid ruling against Ireland, finding that the country had provided illegal tax benefits to Apple Inc. and requesting the government to collect €13 billion in retroactive taxes from the company. This decision sparked a heated debate around the globe about the European Commission’s authority to interfere into the individual EU Member States’ fiscal policies and order retroactive tax recoveries. This Note explores the application of EU State aid rules to tax laws and, in particular, EU Member States’ tax rulings, and discusses the European Commission’s investigations …


The Violent Persecution Of The Iranian Bahá’Í: A Call To Take A Human Capabilities Approach To Defining Genocide, Camilia R. Brown 2017 Brooklyn Law School

The Violent Persecution Of The Iranian Bahá’Í: A Call To Take A Human Capabilities Approach To Defining Genocide, Camilia R. Brown

Brooklyn Journal of International Law

Iran is home to an estimated 300,000 members of the Bahá’í faith, a global religion that originated in Iran in the early nineteenth century. Since the faith’s inception, thousands of Bahá’ís have been killed, imprisoned, and tortured. Today, they are unable to attend colleges and universities, hold business licenses, bury their dead, or gather for worship. Since the Islamic Revolution in 1979, the current regime has worked to systemically impede the progress of the Bahá’í community. While hundreds of Bahá’ís have died at the hands of the current regime, the high threshold for bringing a case under the intent prong …


Sovereign Debt Restructuring And English Governing Law, Steven L. Schwarcz 2017 Brooklyn Law School

Sovereign Debt Restructuring And English Governing Law, Steven L. Schwarcz

Brooklyn Journal of Corporate, Financial & Commercial Law

The problem of sovereign indebtedness is becoming a worldwide crisis because nations, unlike individuals and corporations, lack access to bankruptcy laws to restructure unsustainable debt. Decades of international efforts to solve this problem through contracting and attempted treaty-making have failed to provide an adequate debt-restructuring framework. A significant amount of outstanding sovereign debt is governed, however, by English law. This Article argues that the U.K. Parliament has the extraordinary power to help solve the problem of unsustainable country debt by changing English law to facilitate fair and consensual debt restructuring. This Article also proposes modifications to English law that Parliament …


What About Small Businesses? The Gdpr And Its Consequences For Small U.S.-Based Companies, Craig McAllister 2017 Brooklyn Law School

What About Small Businesses? The Gdpr And Its Consequences For Small U.S.-Based Companies, Craig Mcallister

Brooklyn Journal of Corporate, Financial & Commercial Law

Fast-approaching changes to European data privacy law will have consequences around the globe. Historically, despite having dramatically different approaches to data privacy and data protection, the European Union and the United States developed a framework to ensure that the highspeed freeway that is transatlantic data transfer moved uninterrupted. That framework was overturned in the wake of revelations regarding U.S. surveillance practices, and amidst skepticism that the United States did not adequately protect personal data. Further, the European Union enacted the General Data Protection Regulation (GDPR), a sweeping overhaul of the legal data protection landscape that will take effect in May …


A Critical Analysis Of The Women's Constitutional And Legal Rights In Zimbabwe In Relation To The Convention Of The Elimination Of All Forms Of Discrimination Against Women, Amy S. Tsanga 2017 University of Maine School of Law

A Critical Analysis Of The Women's Constitutional And Legal Rights In Zimbabwe In Relation To The Convention Of The Elimination Of All Forms Of Discrimination Against Women, Amy S. Tsanga

Maine Law Review

The Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) comprehensively outlines the international standards on the rights of women that are to be pursued by State Parties to the Convention. Adopted by the General Assembly in 1979, it entered into force in 1981 and set the scene for a comprehensive approach to the human rights of women by State Parties that have ratified the Convention. The underlying spirit of the Convention is that discrimination against women violates principles of equality and respect for human dignity and presents obstacles to the advancement of women in the political, …


Sex, Allies And Bfoqs: The Case For Not Allowing Foreign Corporations To Violate Title Vii In The United States, Keith Sealing 2017 University of Maine School of Law

Sex, Allies And Bfoqs: The Case For Not Allowing Foreign Corporations To Violate Title Vii In The United States, Keith Sealing

Maine Law Review

The extent to which foreign corporations as well as their domestic subsidiaries can discriminate against American employees on the basis of sex, age, religion, and national origin in a manner that would be acceptable under their own laws and customs but inimical to American law is currently determined by a muddled jumble of circuit court opinions interpreting a “[w]e express no view” Supreme Court footnote. As a result, American victims of sexual discrimination have much less protection under Title VII of the Civil Rights Act of 1964 when the discriminating actor is a foreign corporation or its domestic subsidiary than …


Update: International Human Rights, James Hart Mr. 2017 University of Cincinnati - Main Campus

Update: International Human Rights, James Hart Mr.

Law Librarian Articles and Other Publications

This guide explains the procedures of the major international human rights systems because it is procedures that create the need to record or communicate. In other words, documents emanate from critical junctures in a process. The guide does not cover the content of the human rights themselves. Nor does it explicate the websites that hold the documents, but it will give you the information you will need to understand them. The guide will, however, give you URLs. With the information in the guide, you will be able to navigate your way through the websites without detailed directions. The first part …


North Korea And The Madonna Of Czestochowa, Michael Donald Kirby The Honourable 2017 The University of Notre Dame Australia

North Korea And The Madonna Of Czestochowa, Michael Donald Kirby The Honourable

The University of Notre Dame Australia Law Review

No abstract provided.


Customary International Law In United States Courts, Gary Born 2017 University of Washington School of Law

Customary International Law In United States Courts, Gary Born

Washington Law Review

Over the past two decades, the status of customary international law in U.S. courts has been the subject of vigorous debate. On the one hand, proponents of the “modernist” position contend that rules of customary international law are presumptively rules of federal law, which apply directly in U.S. courts and preempt inconsistent state law even in the absence of federal legislative or executive authorization. On the other hand, the “revisionists” argue that, in the absence of congressional legislation or a U.S. treaty, rules of customary international law are generally not matters of federal law, and will therefore generally be governed …


Blueprint For Survival: A New Paradigm For International Environmental Emergencies, Claire Wright 2017 Thomas Jefferson School of Law

Blueprint For Survival: A New Paradigm For International Environmental Emergencies, Claire Wright

Fordham Environmental Law Review

No abstract provided.


A Tale Of Two Trade Powers: Balancing Investor-State Dispute Settlement And Environmental Risk Between The European Union And United States In A Changing Political Climate, Sarah Ben-Moussa 2017 Fordham University School of Law

A Tale Of Two Trade Powers: Balancing Investor-State Dispute Settlement And Environmental Risk Between The European Union And United States In A Changing Political Climate, Sarah Ben-Moussa

Fordham Environmental Law Review

No abstract provided.


International Gas Outlook And Implications For Developing Tanzania’S Gas Projects, Nicolas Maennling, Perrine Toledano, Thomas Mitro 2017 Columbia Law School, Columbia Center on Sustainable Investment

International Gas Outlook And Implications For Developing Tanzania’S Gas Projects, Nicolas Maennling, Perrine Toledano, Thomas Mitro

Columbia Center on Sustainable Investment Staff Publications

In the frame of its partnership with Uongozi – Tanzania, CCSI drafted a brief that reviews recent international gas developments, the outlook in this regard and implications for the development of proposed offshore gas projects in Tanzania. As the country aims to benefit from its gas discoveries by increasing its domestic gas use, it also outlines some of the trade-offs and considerations that need to be taken into account when negotiating the domestic gas allocation.


Ccsi Submission To Un Special Rapporteur On Extreme Poverty Re: United States Country Visit, Columbia Center on Sustainable Investment 2017 Columbia Law School

Ccsi Submission To Un Special Rapporteur On Extreme Poverty Re: United States Country Visit, Columbia Center On Sustainable Investment

Columbia Center on Sustainable Investment Staff Publications

The United Nations Special Rapporteur on extreme poverty and human rights, Professor Philip Alston, will conduct a country visit to the United States in December 2017. In response to his call for input, CCSI sent a submission focused the United States’ role in the international investment regime, and the United States’ international investment agreements (IIAs), noting that the IIAs to which the US is a party raise tensions, and can potentially create conflicts, with the US’s human rights obligations, including those that apply extraterritorially, and exacerbate conditions of poverty, extreme poverty and inequality.


At The Intersection Of Land Grievances And Legal Liability: The Need To Reconsider Contract Rights And Expectations At The Supranational Level, Kaitlin Y. Cordes, Lise Johnson, Sam Szoke-Burke 2017 Columbia Law School, Columbia Center on Sustainable Development

At The Intersection Of Land Grievances And Legal Liability: The Need To Reconsider Contract Rights And Expectations At The Supranational Level, Kaitlin Y. Cordes, Lise Johnson, Sam Szoke-Burke

Columbia Center on Sustainable Investment Staff Publications

This Article explores how host governments’ legal obligations can affect or constrain their ability to address “land grievances,” which are defined as concerns raised by local individuals or communities in response to negative impacts of land-based investments. Obligations under international investment law, international human rights law, and investor-state contracts can be in tension or can directly conflict with one another, creating complexity for governments seeking to respond to land grievances. To explore the legal considerations that governments must navigate in this context, this Article considers several options that governments could pursue to respond to land grievances. In all of the …


The Legacy Of British Rule On Lgbt Rights In Jamaica And The Cayman Islands, Zachary Stewart 2017 University of Southern Mississippi

The Legacy Of British Rule On Lgbt Rights In Jamaica And The Cayman Islands, Zachary Stewart

Master's Theses

This thesis explores the relationship between British colonial influence and Lesbian, Gay, Bisexual, and Transgender (LGBT) rights in the Caribbean. Comparing the Cayman Islands, a British Overseas Territory, and Jamaica, an independent former colony of the United Kingdom, the situation for LGBT people is evaluated. While Jamaica has serious abuses and a concerning situation for the human rights of LGBT people, the Cayman Islands’ LGBT community’s position is far less concerning. Owing to its continued connection to the United Kingdom of Great Britain and Northern Ireland, the Cayman Islands’ LGBT rights situation is much less dire. Through British influence via …


International Law In The Post-Human Rights Era, Ingrid (Wuerth) Brunk 2017 Vanderbilt University Law School

International Law In The Post-Human Rights Era, Ingrid (Wuerth) Brunk

Vanderbilt Law School Faculty Publications

International law is in a period of transition. After World War II, but especially since the 1980s, human rights expanded to almost every corner of international law. In doing so, they changed core features of international law itself, including the definition of sovereignty and the sources of international legal rules. But what might be termed the golden-age of international human rights law is over, at least for now. Whether measured in terms of the increasing number of authoritarian governments, the decline in international human rights enforcement architecture such as the Responsibility to Protect and the Alien Tort Statute, the growing …


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