International Law Commons^™

War In The 21st Century And Collected Works

Penn State Journal of Law & International Affairs (2012 - Present)

No abstract provided.

Interauthority Relationships, Michael S. Green

Popular Media

No abstract provided.

The Normalization Of Immigration Law, Mac Lebuhn

Northwestern Journal of Human Rights

In “The Normalization of Foreign Relations Law,” Professors Ganesh Sitaraman and Ingrid Wuerth argue that the Supreme Court increasingly treats foreign relations law like other bodies of law—it has “normalized” this body of once-exceptional law. However, a subset of foreign relations law, immigration law, receives little attention in their account, which obscures the fact that immigration law, unlike the rest of foreign relations law, has not normalized in nearly the same fashion.

To understand the normalization of immigration law, this paper proposes a theory of rights normalization: the Court has been reluctant to normalize immigration law except where immigrants’ rights …

Workers, Dignity, And Equitable Tolling, Duane Rudolph

Northwestern Journal of Human Rights

When workers allege that mental illness prevented the timely filing of a federal employment discrimination lawsuit, courts subject them to extreme standards at the equitable tolling stage, which ends workers’ lawsuits against their employers. Such an approach to workers suffering from mental illness is indicative both of judicial misunderstanding of equitable remedies and judicial ignorance of equity’s historical engagement with those afflicted with mental illness. More importantly, subjection of workers to high threshold requirements at equity is an affront to workers’ dignity. Dignity, like equity, has a powerful moral basis that focuses on the individual. Dignity requires that workers alleging …

Transferring Away Human Rights: Using Human Rights To Address Corporate Transfer Mispricing, Monica Iyer

Northwestern Journal of Human Rights

An estimated sixty percent of international trade happens within multinational enterprises. Transfer pricing occurs when one part of a firm sets a price in order to sell to another division in another country. When these prices are deliberately set at something other than market rate in order to minimize the firm’s tax liability, this is known as transfer mispricing, or abusive transfer pricing. These practices account for an enormous portion of global illicit financial flows. This paper will consider transfer mispricing as a violation of human rights, and will look at the ways in which various human rights instruments and …

Keynes, Sen, And Hayek: Competing Approaches To International Labor Law In The Ilo And The Wto, 1994–2008, Pascal Mcdougall

Northwestern Journal of Human Rights

In discussions of recent human rights-driven developments in the International Labour Organization (ILO), as well as in other international legal debates, many scholars have suggested that human rights and “neoliberalism” intrinsically tend to converge. Such purported convergence is at once deplored by critics of “globalization” and applauded by its defenders. This article offers an empirical refutation of this convergence thesis by documenting the potential for systematic divergences between human rights, neoliberalism and a third omnipresent discourse, social legal thought (i.e. tropes associated with the welfare state and Keynesianism). I support this claim by taking as a case study three interrelated …

The Demise Of Public International Law, John Kuhn Bleimaier

The Catholic Lawyer

No abstract provided.

Migratory Waterbird Conservation At The Flyway Level: Distilling The Added Value Of Aewa In Relation To The Ramsar Convention, Melissa Lewis

Pace Environmental Law Review

In June 1995, the Agreement on the Conservation of African-Eurasian Migratory Waterbirds (AEWA) was adopted, and this instrument remains the only legally binding waterbird Agreement in the CMS Family. However, while AEWA has been lauded as a very promising instrument, the concern has also been raised that the Agreement “has a large potential scope for the duplication of obligations, especially with regard to the protection of wetland habitats, given the operation of the Ramsar Convention”. The existing literature thus recognizes that overlap between AEWA and the Ramsar Convention is potentially problematic. It fails, however, to provide a detailed analysis of …

The Evolution Of Pattern Of Criminalizing The Unknown Crime Of Rape In Global Scale, Sahar Jalili

SJD Dissertations

Rape is a crime globally condemned, yet it's one of the most controversial crimes at the time. What this research did was to gather the information of countries' rape laws in their penal codes from all over the world and create a pattern of how countries on a global scale criminalize rape and how far they have changed in the past century. The goal was to produce a rape criminalization map of the world to show which elements are playing the main factors and which factors are missing, how close countries define rape and how different their reactions are.

The …

Mediation And International Investment: A Chinese Perspective, Wang Guiguo, He Xiaoli

Maine Law Review

The most important feature of the contemporary world is globalization with a high degree of economic interdependence among nations, which includes breaking down national economic barriers as well as the increasing cross-border economic exchanges and transactions of goods, services, and capital, not only in a large scale but also at a high frequency. The spread of market economy across the globe has created a global market, which effectively allocates resources and distributes them at a global level. It was the development of technology relating to information, transportation, and communications, such as the internet and teleconferencing, that enabled the effective and …

Introduction: Symposium: Law, Religion, And Lautsi V. Italy, Malick W. Ghachem

Maine Law Review

This symposium offers a rare opportunity to see three of the finest minds in Law and Religion scholarship from both sides of the North Atlantic at work. Held at the University of Maine on March 23, 2012, the symposium featured a keynote address by Professor Joseph Weiler of New York University Law School. Professor Weiler’s remarks were occasioned by a 2011 decision of the European Court of Human Rights (“ECHR”) in Strasbourg, Lautsi v. Italy, upholding the constitutionality of the display of the crucifix in Italian public school classrooms under the European Convention of Human Rights (“the Convention”). The principal …

Follow The Leader: Eliminating Perverse Global Fishing Subsidies Through Unilateral Domestic Trade Measures, Anastasia Telesetsky

Maine Law Review

Perverse subsidies including fuel tax rebates lead to overfishing though a combination of overcapacity and excess fishing effort. The current overfishing trend has depleted certain key commercial fisheries with implications for future food security, particularly in regions dependent on fish protein. Over the course of the past four decades, there have been a number of multilateral efforts to eliminate the subsidies including environmental treaties, environmental targets, and trade negotiations. None of these attempts and a global cooperative response have achieved a reduction in perverse subsidies. This Essay proposes the adoption of unilateral trade measures or a set of “Friends of …

Willful Blindness Or Deliberate Indifference: The United States' Abdication Of Legal Responsibility To Refugees, Abed A. Ayoub, Yolanda C. Rondon

Barry Law Review

No abstract provided.

Turkey And The International Law Of The Sea, Ekrem Korkut

SJD Dissertations

The 1982 United Nations Convention on the Law of the Sea [hereinafter: LOSC] is widely accepted as the constitution of the oceans. Only four countries in the Third United Nations Conference on the Law of the Sea voted against the LOSC: The United States, Venezuela, Israel, and Turkey. Turkey voted against the LOSC because of dissatisfaction with the provision concerning the breadth of the territorial sea (Article 3), the delimitation of the territorial sea (Article 15), and the regime of islands (Article 121). With regard to other provisions of the LOSC, Turkish delegates at the Conference made supportive explanations. This …

Intellectual Property Rights In The Kingdom Of Saudi Arabia In Light Of Sharia And The Trips Agreement, Abdulrahman Alabdulkarim

SJD Dissertations

This study aims to illustrate the current state of intellectual property rights (IPR) in Saudi Arabia in light of certain international agreements, specifically TRIPS, as well as Sharia law, that have informed the Saudi legislature in its creation and handling of intellectual property matters. Various matters of IP today may be debated among Saudi's Islamic jurists, which in turn may bring such issues into conflict with Sharia. Such conflicts over matters of IP cannot be dismissed lightly by the Saudi legislators. They must determine the proper enforcement and protection of IRP as stipulated by modern Saudi IP laws and/or by …

Trending @ Rwu Law: Louise Ellen Teitz's Post: The Supreme Court And Cross-Border Litigation 04-04-2017, Louise Ellen Teitz

Law School Blogs

No abstract provided.

Eyewitness Misidentification: A Comparative Analysis Between The United States And England, Christina Begakis

Santa Clara Journal of International Law

Eyewitness Misidentification: A Comparative Analysis Between the United States and England

The Rights And Wrongs Of Shareholder Rights, Will Hutton, Colin Mayer, Philippe Schneider

Seattle University Law Review

The company is a legal structure designed to bring together the different parties of a firm—its employees, investors, customers, and suppliers—in the delivery of its corporate purpose. Corporations were established as institutions with autonomous lives—self-standing, legal entities independent of those who worked, financed, and managed them. They were devices to ensure long-term commitment to shared goals and risks, with reciprocal obligations on those engaged in them. A company had to declare its purpose before earning a licence to trade. For example, the East India Company, England’s earliest public company, to issue shares to the public as permanent capital, was given …

A Critical Canadian Perspective On The Benefit Corporation, Carol Liao

Seattle University Law Review

Part I of this Article provides a brief background and description of the American benefit corporation. Part II then delineates the Canadian model of corporate law and governance as it currently stands in the statutes, common law, and in practice. Part III applies the information gathered from the previous two sections to explain why the legal features in the American benefit corporation model are largely redundant to existing Canadian corporate laws. It also addresses how the implementation of the benefit corporation in Canada would conflate incorrect assumptions on Canada’s model of governance and potentially impede the progressive development of Canada’s …

Is It A Human Right To Be Forgotten? Conceptualizing The World View, Andrew Neville

Santa Clara Journal of International Law

Is it a Human Right to be Forgotten? Conceptualizing the World View