Plea Bargaining And International Criminal Justice,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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,
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'?,
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,
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,
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
