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All Articles in International Law

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32,074 full-text articles. Page 427 of 768.

Plea Bargaining And International Criminal Justice, Jenia Iontcheva Turner 2017 SMU Dedman School of Law

Plea Bargaining And International Criminal Justice, Jenia Iontcheva Turner

University of the Pacific Law Review

No abstract provided.


The Continuing Peace With Justice Debate: Recent Events In Uganda And The International Criminal Court, Linda M. Keller 2017 Thomas Jefferson School of Law

The Continuing Peace With Justice Debate: Recent Events In Uganda And The International Criminal Court, Linda M. Keller

University of the Pacific Law Review

No abstract provided.


It’S Time To Get Off The Bench: The U.S.Needs To Ratify The Law Of The Sea Treaty Before It’S Too Late, Randy W. Tong 2017 The University of Pacific, McGeorge School of Law

It’S Time To Get Off The Bench: The U.S.Needs To Ratify The Law Of The Sea Treaty Before It’S Too Late, Randy W. Tong

University of the Pacific Law Review

No abstract provided.


Exploring Cuba's New Role In The World Economy: Paths And Perils, Wentong Zheng 2017 University of Florida Levin College of Law

Exploring Cuba's New Role In The World Economy: Paths And Perils, Wentong Zheng

UF Law Faculty Publications

With the normalization of relations with the United States and other countries, Cuba is ushering in a new era with unprecedented opportunities in a globalized world. Participating in the world economy, however, is a risky proposition. It requires policymakers to carefully weigh the pros and cons of each development path and choose the one that best suits Cuba. It also requires policymakers to be prepared for the perils, both economic and legal, that may arise from Cuba's participation in the world economy. This Article explores Cuba's new role in the world economy and the perils that accompany this new role. …


Sharia Law And International Commercial Arbitration: The Need For An Intra-Islamic Arbitral Institution, George Khoukaz 2017 University of Missouri School of Law

Sharia Law And International Commercial Arbitration: The Need For An Intra-Islamic Arbitral Institution, George Khoukaz

Journal of Dispute Resolution

The goal of this Comment is to address the relationship between Middle-Eastern Islamic countries with the rest of the world from an international commercial arbitration perspective. To do that, we will first briefly address the historic sectarian divide between the two main sects in Islam—Sunna and Shia—which will allow the reader to gain a better understanding of the theoretical differences within Islam, resulting in different legal systems and competing political interests. Section II will also briefly address the modern history of both the Kingdom of Saudi Arabia (KSA) and the Islamic Republic of Iran (Iran) because these two countries are …


The U.S. Election Hacks, Cybersecurity, And International Law, David P. Fidler 2017 Indiana University Maurer School of Law

The U.S. Election Hacks, Cybersecurity, And International Law, David P. Fidler

Articles by Maurer Faculty

No abstract provided.


International Regulatory Entrepreneurship: Uber’S Battle With Regulators In France, Domenic J. Martini 2017 University of San Diego

International Regulatory Entrepreneurship: Uber’S Battle With Regulators In France, Domenic J. Martini

San Diego International Law Journal

Uber is a regulatory entrepreneur: a company that seeks to change the law in its favor. In the United States, Uber’s regulatory entrepreneurship changed the American taxi industry and the laws that regulate it. But the company’s venture into France presented unique challenges. This Comment examines Uber’s regulatory entrepreneurship in France and analyzes the factors that hindered Uber’s quest to revolutionize the French taxi industry. It discusses the tension between Uber and the French government and the policies behind both sides’ goals. It also seeks a compromise between Uber and the French regulators: one that acknowledges the issues with both …


Us–Cool: How The Appellate Body Misconstrued The National Treatment Principle, Severely Restricting Agency Discretion To Promulgate Mandatory, Pro-Consumer Labeling Rules, Juscelino F. Colares, William P. Canterberry 2017 Case Western Reserve University School of Law

Us–Cool: How The Appellate Body Misconstrued The National Treatment Principle, Severely Restricting Agency Discretion To Promulgate Mandatory, Pro-Consumer Labeling Rules, Juscelino F. Colares, William P. Canterberry

Faculty Publications

In United States–Certain Country of Origin Labeling Requirements, the Appellate Body ("AB") of the World Trade Organization ("WTO") ruled that the United States' country-of-origin labeling regulations ("COOL") on beef and pork products violated the Agreement on Technical Barriers to Trade's ("TBT") National Treatment ("NT") Principle. Aimed at promoting informed consumer choice, COOL required retailers to disclose the covered products' origin. In prior decisions under the General Agreement on Tariffs and Trade ("GATT") art. III:4, the AB correctly rejected protectionist rules that unnecessarily encumbered consumer choice by adversely affecting conditions of competition for imports. In US–COOL, however, the AB …


Table Of Contents, Denver Journal of International Law & Policy 2017 University of Denver

Table Of Contents, Denver Journal Of International Law & Policy

Denver Journal of International Law & Policy

No abstract provided.


Civil War Or Genocide? The United Nations Commission Of Experts’ Misunderstanding Of The Third Balkan War Of The 1990s, Matthew G. Morley 2017 DePaul University

Civil War Or Genocide? The United Nations Commission Of Experts’ Misunderstanding Of The Third Balkan War Of The 1990s, Matthew G. Morley

Grand Valley Journal of History

When the country of Yugoslavia disintegrated into war, the United Nations created a research commission, the Yugoslav Commission of Experts, to document war crimes. This commission, led by Cherif M. Bassiouni, depicted the conflict as a perpetual problem with historical roots and also as having victims on both sides, which presented a legal-definitional paradox to the Security Council, requiring litigation of principles, categorization of conflicts, and discussion of further involvement - if applicable. This paper traces the essentialist understandings of the Commission of Experts and the International Human Rights Law Institute – two groups that otherwise had good intentions to …


Explaining The Rise Of Isis, Anas Alqaed 2017 Bemidji State University

Explaining The Rise Of Isis, Anas Alqaed

Political Science Theses and Capstones

In this paper I study the circumstances that led to the rise the Islamic State in Iraq and Syria (ISIS/Daesh) and its economic power. I use articles, testimonies before US House of Representatives and analyze economic data to generate facts and draw conclusions. All references rely on primary source documents that were not released in an official capacity by ISIS. These are documents that have been released online by pro or anti-ISIS activists or information that was gathered and analyzed by research centers and international organizations. It is worth noting that non-officially released documents were very helpful in shedding more …


Marriage Matters In December, Arthur S. Leonard 2017 New York Law School

Marriage Matters In December, Arthur S. Leonard

Other Publications

No abstract provided.


The Rcep And Intellectual Property Normsetting In The Asia-Pacific, Peter K. Yu 2017 Texas A&M University School of Law

The Rcep And Intellectual Property Normsetting In The Asia-Pacific, Peter K. Yu

Faculty Scholarship

Commissioned for the CEIPI-ICTSD Series on Global Perspectives and Challenges for the Intellectual Property System, this article examines the Regional Comprehensive Economic Partnership (RCEP) with a focus on the intellectual property norms it seeks to develop. It begins by briefly discussing the partnership’s historical origins and ongoing negotiations. It then examines the latest leaked draft of the RCEP intellectual property chapter, highlighting the key provisions concerning copyright and related rights, trademarks, patents, trade secrets and undisclosed information, and intellectual property enforcement. This article concludes by exploring three scenarios concerning the future of this chapter--namely, the lack of an intellectual property …


Unilateral Corporate Regulation, William Magnuson 2017 Texas A&M University School of Law

Unilateral Corporate Regulation, William Magnuson

Faculty Scholarship

Corporations today wield unprecedented power in politics and society, and they have a tremendous effect on human welfare around the globe. At the same time, they are increasingly difficult to regulate. Corporations are savvy and mobile, and they can relocate to avoid burdensome domestic regulation with surprising ease. The agility of corporations creates a dilemma for government decisionmakers seeking to balance the need to attract the wealth that corporations create with the desire to pursue other policy priorities. One potential approach that governments have used to address this dilemma is international cooperation, and a growing number of scholars have argued …


Revisiting Transnational Corporations And Extractive Industries: Climate Justice, Feminism, And State Sovereignty, Sara Seck 2017 Dalhousie University Schulich School of Law

Revisiting Transnational Corporations And Extractive Industries: Climate Justice, Feminism, And State Sovereignty, Sara Seck

Articles, Book Chapters, & Popular Press

This Article explicitly examines the relationship between climate justice, gender, and transnational fossil fuel extractive industries by drawing upon feminist theoretical insights. First, I provide an overview of the differential impacts of climate change on women and briefly review insights from select international legal scholars who have considered gender and climate change. Second, I describe the Philippines climate petition, a novel attempt to seek an investigation into the accountability of transnational fossil fuel companies for climate harms. Third, I examine three sets of issues arising in the Philippines climate petition and draw explicitly upon Karen Knop’s Re/Statements: Feminism and State …


Showing Them How It's Done: Justice Cromwell's International Law Jurisprudence, Robert Currie 2017 Dalhousie University Schulich School of Law

Showing Them How It's Done: Justice Cromwell's International Law Jurisprudence, Robert Currie

Articles, Book Chapters, & Popular Press

This paper examines the international law judgments authored by Justice Tom Cromwell of the Supreme Court of Canada, focusing on the methodology used in applying treaty law within the Canadian legal context. It concludes that Justice Cromwell's decisions in this area are a model of solid methodology, clarity and attention to fairness to all parties.


A New International Legal Regime For A New Reality In The War Against Drugs, Guillermo J. Garcia Sanchez 2017 Texas A&M University School of Law

A New International Legal Regime For A New Reality In The War Against Drugs, Guillermo J. Garcia Sanchez

Faculty Scholarship

The paper reviews the existing international legal regime on the war against drugs and argues that it has become obsolete in the face of the trend to legalize the consumption of certain drugs, such as marijuana, in developed nations. It particularly analyzes the contradictory practice of the United States to pressure producing states, such as Mexico and Colombia, to enforce the regime and at the same time allow the legalization of consumption in local U.S. states.


Cross-Border Evidence Gathering In Transnational Criminal Investigation: Is The Microsoft Ireland Case The 'Next Frontier'?, Robert Currie 2017 Dalhousie University, Schulich School of Law

Cross-Border Evidence Gathering In Transnational Criminal Investigation: Is The Microsoft Ireland Case The 'Next Frontier'?, Robert Currie

Articles, Book Chapters, & Popular Press

A recent and prominent American appeals court case has revived a controversial international law question: can a state compel a person on its territory to obtain and produce material which the person owns or controls, but which is stored on the territory of a foreign state? The case involved, United States v. Microsoft, features electronic data stored offshore which was sought in the context of a criminal prosecution. It highlights the current legal complexity surrounding the cross-border gathering of electronic evidence, which has produced friction and divergent state practice. The author here contends that the problems involved are best understood—and …


The Paris Climate Agreement – Assessment Of Strengths And Weaknesses, Meinhard Doelle 2017 Dalhousie University, Schulich School of Law

The Paris Climate Agreement – Assessment Of Strengths And Weaknesses, Meinhard Doelle

Articles, Book Chapters, & Popular Press

This paper provides an overview of the core elements of the Paris Climate Agreement and offers an assessment of its key strength and weaknesses. The paper concludes with thoughts on what is required for its effective implementation.


Contemporary Practice Of The United States Relating To International Law, January 2017, Daugirdas Kristina, Julian Davis Mortenson 2017 University of Michigan Law School

Contemporary Practice Of The United States Relating To International Law, January 2017, Daugirdas Kristina, Julian Davis Mortenson

Articles

In this section: • Congress Overrides Obama’s Veto to Pass Justice Against Sponsors of Terrorism Act • U.S. Federal Court of Appeals Upholds United Nations’ Immunity in Case Related to Cholera in Haiti • U.S.-Russian Agreements on Syria Break Down as the Syrian Conflict Continues • Russia Suspends Bilateral Agreement with United States on Disposal of Weapons-Grade Plutonium • The United States Makes Payment to Family of Italian Killed in CIA Air Strike • United States Ratifies Hague Convention on the International Recovery of Child Support and Other Forms of Family Maintenance


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