International Law Commons^™

Easing The Transition: Proposing A Supranational Body To Facilitate Formalizing Economies, J. Berkeley Bentley

West Virginia Law Review

No abstract provided.

Zivotofsky V. Kerry: Choosing International Reputation Over Separation Of Powers, Hannah Cole-Chu

Maryland Law Review

No abstract provided.

The Transformation Of South African Private Law After Twenty Years Of Democracy, Christopher J. Roederer

Northwestern Journal of Human Rights

In The Transformation of South African Private Law after Ten Years of Democracy, 37 Colum. Hum. Rts. L. Rev. 447 (2006), I evaluated the role of private law in consolidating South Africa’s constitutional democracy. There, I traced the negative effects of apartheid from public law to private law, and then to the law of delict, South Africa’s counterpart to tort law. I demonstrated that the law of delict failed to develop under apartheid and that the values animating the law of delict under apartheid were inconsistent with the values and aspirations of South Africa’s democratic transformation. By the end of …

Oil Under Troubled Waters?: Some Legal Aspects Of The Boundary Dispute Between Malawi And Tanzania Over Lake Malawi, Tiyanjana Maluwa

Michigan Journal of International Law

This article examines the legal aspects of the respective claims by the two claimants to the northeastern stretches of the lake: to the eastern shoreline by Malawi and to the median line by Tanzania. Maluwa proceeds as follows. First, the Article sketches out the historical and political background of the dispute and examines some preliminary legal issues in Part I. Part II discusses the legal significance of boundaries, state succession to boundary treaties, and the relevance of post-colonial African state practice in this respect. A central aspect of this practice is the adoption by African states of the principle of …

Humanitarian Intervention: Determining The Effectiveness Of Outsourcing Humanitarian Intervention During Humanitarian Crises, Clarissa Caola

Political Science Theses and Capstones

At the end of the Cold War we witnessed a growing reluctance on part of many national powers to intervene in international crises. This unwillingness allowed for the development of Private Military and Security Companies (PMSCs). PMSCs have been deployed to provide a wide variety of security-related functions including combat, logistics, training programs, and armed guarding of personnel and infrastructures. Exploring the concept of outsourcing these military functions, others have applied the idea towards addressing humanitarian crises. PMSCs may face fewer geopolitical impediments that can hinder the efforts of many state actors. In certain humanitarian crises PMSCs may better address …

Contemporary Practice Of The United States Relating To International Law, April 2016, Kristina Daugirdas, Julian Davis Mortenson

Articles

In this section: • United States Achieves Progress in Iran Relations with Nuclear Agreement Implementation, Prisoner Swap, and Hague Claims Tribunal Resolutions • European Union and United States Conclude Agreement to Regulate Transatlantic Personal Data Transfers • After Lengthy Delay, Congress Approves IMF Governance Reforms that Empower Emerging Market and Developing Countries • United States Joins Consensus on Paris Climate Agreement • United States and Eleven Other Nations Conclude Trans-Pacific Partnership

Resourcecontracts.Org – A Searchable Repository For Publicly Available Mining And Petroleum Contracts, Sophie Thomashausen

Columbia Center on Sustainable Investment Staff Publications

ResourceContracts.org is an online, searchable and user-friendly repository of publicly available mining and petroleum contracts from around the world. It currently includes over 1,000 from 72 countries. In addition to PDF scans of each executed contract, the site includes: the full text of contracts in searchable format; plain language summaries of each contract’s key social, environmental, human rights, fiscal, and operational terms; and tools for searching and comparing contracts. Users can search contracts by country, natural resource, year, by type of contract, company, corporate group, or by annotation category.

Crimea And The Right To Self-Determination: Questioning The Legality Of Crimea's Secession From Ukraine, Alisa Gdalina

Cardozo Journal of International and Comparative Law

The note argues that Crimea's unilateral secession from Ukraine in 2014 was illegal under both domestic Ukrainian law and international law. It contends that Crimea failed to meet the legal criteria for remedial secession, as it did not suffer the requisite severe and persistent human rights violations or exhaustion of alternatives, and that the secession violated Ukraine's constitutional provisions on territorial integrity.

High Time For Change: How Legalizing Marijuana Could Help Narrow The Racial Divide In The United States, Gene Taras

Cardozo Journal of International and Comparative Law

The note argues that legalizing marijuana in the United States could significantly reduce the racial disparities perpetuated by the war on drugs. It traces the origins of marijuana prohibition to racially motivated policies and highlights how these laws disproportionately affect minority communities. By examining international models and domestic legalization efforts, the article suggests that ending prohibition could address systemic inequities and generate economic benefits.

What's Islam Got To Do With It? Obstacles In Securing Fair Trial Rights Under Iran's Repressive Regime, Sara Barlowe

Cardozo Journal of International and Comparative Law

The note argues that the principle of Velayate Faqhih in Iran undermines the rule of law and prevents the development of a functional criminal justice system. This principle, which establishes the supremacy of Islamic law and grants the Supreme Leader plenary authority over the judiciary, leads to arbitrary law enforcement, corruption, and human rights violations. The case of Maziar Bahari, an Iranian-Canadian journalist detained on vague charges of espionage, illustrates how the regime uses detention and torture to suppress dissent and maintain political control. The note contends that Iran’s legal system, dominated by Sharia law and lacking judicial independence, violates …

Lawyers In The Shadow Of The Regulatory State: Transnational Governance On Business And Human Rights, Milton C. Regan Jr., Kath Hall

Fordham Law Review

Lawyers are beginning to play an important role in strengthening the system of transnational governance that regulates business and human rights. In setting the background to our discussion of lawyers’ role in this context, Part I of this Article provides a general overview of the emergence of the transnational governance regime. Part II then describes some of the governance instruments that attempt to prevent and rectify the adverse human rights impacts of business activities. Part III discusses the extent to which lawyers are advising their business clients on human rights issues, the factors that may inhibit or encourage the provision …

Absolute Conflicts Of Law, Anthony J. Colangelo

Indiana Law Journal

This Article coins the term “absolute conflicts of law” to describe situations of overlapping laws from different states that contain simultaneous contradictory commands. It argues that absolute conflicts are a unique legal phenomenon in need of a unique doctrine. The Article extensively explores what absolute conflicts are; how they qualitatively differ from other doctrines like true conflicts of law, act of state, and comity; and classifies absolute conflicts’ myriad doctrinal manifestations through a taxonomy that categorizes absolute conflicts as procedural, substantive, mixed, horizontal, and vertical.

The Article then proposes solutions to absolute conflicts that center on the rule of law …

A Global Solution To A Global Refugee Crisis, James C. Hathaway

Articles

The author argues that the time is right to change the way that refugee law is implemented. Specifically, Hathaway advocates a shift towards a managed and collectivized approach to the implementation of refugee protection obligations. He contends that while the obligations under the Convention remain sound, the mechanisms for implementing those obligations are flawed in ways that too often lead States to act against their own values and interests, and which produce needless suffering amongst refugees. The author concludes with a five-point plan to revitalize the Refugee Convention.

The Impact Of The United Nations On National Abortion Laws, Kelsey Zorzi

Catholic University Law Review

Reviewing UN initiatives in concert with changes in State abortion laws, this Essay argues that through consensus resolutions that emerge from UN conferences, the recommendations of the Treaty Monitoring Bodies, and the Human Rights Council’s Universal Periodic Review, the UN has influenced State to adopt permissive domestic abortion laws. The essay discusses and provides examples of how the UN does this. The Essay also discusses the impact of pro-abortion interpretations of international treaties and the actions taken by signatory nations to require legalized abortions in their wake.

Internationalization And Local Elements: Research On Recent Amendments To The Trademark Law Of China, Xiaoqing Feng

Akron Intellectual Property Journal

This article will explore varying aspects of the amendments of the Chinese Trademark Law. Part Two deals with detailed analysis and the reasons for the third amendment of the Trademark Law; this part is composed of five sections. The first section discusses the perfection of the application system for trademark registration, including the increase of the number of elements eligible for trademark registration, the implementation of “one trademark for multi categories,” the improvement of the system of opposition, the introduction of a proposal review system, and the availability for submitting electronic applications. The second section discusses (1) the improvement of …

The Experiences Of Trips-Compliant Patent Law Reforms In Brazil, India, And South Africa And Lessons For Bangladesh, M. Monirul Azam

Akron Intellectual Property Journal

This study analyzes the policy options used by Brazil, India, and South Africa in their transitions to a TRIPS-compliant patent law and their introduction of pharmaceutical patents. This comparative review can be used to explore possible policy options that can also be utilized by LDCs, including Bangladesh.

Deconstructing The Wall: The Analysis And Implications Of The 2004 International Court Of Justice Advisory Opinion On The Use Of Border Walls, Noah T. Black

MAD-RUSH Undergraduate Research Conference

This research project looks at the various jurisprudences surrounding the 2004 ICJ Advisory Opinion on the Israeli Barrier and analyzes the arguments both in support and in opposition to the Court’s decision. It then looks at the conditions for the illegality of the Israeli Barrier that were established by the Court, analyzes them, and synthesizes a list of characteristics that can be applied to other barriers in order to determine their legality. This checklist, if you will, is then applied to other border walls in order to make a tentative conclusion about their legality and if a suit could be …

How (Not) To Discourage The Unscrupulous Copyist, Peter Ludwig

Akron Intellectual Property Journal

This article explores how the U.S. and Japanese courts implement the doctrine of equivalents when determining patent infringement. The doctrine of equivalents is a balance of, on one hand, the public's interest to know the metes and bounds of the patent, and on the other hand, the private interest of the patentee to be granted a sufficient scope for the granted patent. After comparing and contrasting the implementation of the doctrine in Japan and the United States, I propose a new method that places the burden on the patent practitioner, before infringement proceedings begin, to determine the proper scope of …

Russia And Allofmp3.Com: Why The Wto And Wipo Must Create A New System For Resolving Copyright Disputes In The Digital Age, Brian A. Benko

Akron Intellectual Property Journal

This article uses Russian law and Russian-based AllofMP3.com to analyze the private dispute resolution system of the World Intellectual Property Organization 14 ("WIPO"), and the nation-based dispute resolution system of the World Trade Organization 15 ("WTO"). Section I provides an overview of AllofMP3.com and the current system of resolving international copyright dispute. Section 11 applies and analyzes the WIPO Center's private party based dispute resolution system, and the WTO's nation based dispute resolution system. Section III proposes a new system for resolving international copyright disputes in the Digital Age. Section IV concludes this article with a few thoughts on the …

Patent Litigation In Japan, David W. Hill, Shinichi Murata

Akron Intellectual Property Journal

This article will explore how patent litigation in Japan has changed and will also compare and contrast aspects of patent litigation in the U.S. and Japan.

In Part II, we show recent statistical data on Japanese patent infringement litigation. Parts III and IV briefly review the Japanese judicial system and legal professionals in the area of intellectual property. Part V addresses patent-infringement actions in Japan and the recent amendments of the Code of Civil Procedure and the Patent Law. Next, Parts VI and VII discuss infringement analysis and possible defenses in patent-infringement litigation. Part VIII reviews how to calculate the …