Nato, Cyber Defense, And International Law,
2016
St. John's University School of Law
Nato, Cyber Defense, And International Law, David P. Fidler, Richard Pregent, Alex Vandurme
Journal of International and Comparative Law
No abstract provided.
The Costs Of Harmonization: The Embrace Of An International Copyright Regime In Golan V. Holder,
2016
St. John's University School of Law
The Costs Of Harmonization: The Embrace Of An International Copyright Regime In Golan V. Holder, Angelie Thomas
Journal of International and Comparative Law
No abstract provided.
Stuck In The Pipeline: An Analysis Of The Hague Convention And Its Effects On Those In The Process Of International Adoptions,
2016
St. John's University School of Law
Stuck In The Pipeline: An Analysis Of The Hague Convention And Its Effects On Those In The Process Of International Adoptions, Sarah M. Baird
Journal of International and Comparative Law
No abstract provided.
Different States: Huge Mistakes; The Pitfalls And Consequences Of Bringing International Defendants To The Wrong District,
2016
St. John's University School of Law
Different States: Huge Mistakes; The Pitfalls And Consequences Of Bringing International Defendants To The Wrong District, Michael Weinstock
Journal of International and Comparative Law
No abstract provided.
Much Ado About Nothing: Non-Member State Status, Palestine And The International Criminal Court,
2016
St. John's University School of Law
Much Ado About Nothing: Non-Member State Status, Palestine And The International Criminal Court, Zachary Saltzman
Journal of International and Comparative Law
No abstract provided.
The Evolution Of Greece's Security Legislation And Policy,
2016
St. John's University School of Law
The Evolution Of Greece's Security Legislation And Policy, Andreas Borgeas
Journal of International and Comparative Law
No abstract provided.
Seeing Color: Implications Of The European Union's New Common Practice For Transatlantic Trademark Registration By United States Trademark Holders,
2016
Seattle University School of Law
Seeing Color: Implications Of The European Union's New Common Practice For Transatlantic Trademark Registration By United States Trademark Holders, Christine Park
Seattle University Law Review
This Note explores two issues related to the EU’s new common practice: (1) whether the new common practice will deter ongoing efforts to integrate trademark registration and protection at the international level; and (2) whether U.S. trademark holders, when expanding business into the EU, should register through the Madrid Protocol and obtain Community Trade Mark or register through a country’s trademark office. This Note argues that the new trademark practice hinders international efforts for standardizing trademark registration and that U.S. trademark holders should claim color when registering their marks with the EU.
Custom's Method And Process: Lessons From Humanitarian Law,
2016
University of Michigan Law School
Custom's Method And Process: Lessons From Humanitarian Law, Monica Hakimi
Book Chapters
A central question in the literature on customary international law (CIL) goes to method: what is the proper method for "finding" CIL - that is, for determining that particular norms qualify as ClL? The traditional method is to identify a widespread state practice, plus evidence that states believe that the practice reflects the law (opinio juris). That method has long been criticized as incoherent, unworkable, and out of touch with modern sensibilities. Thus, much of the CIL literature addresses its perceived problems. The principal goals of this literature are to help resolve whether norms that are claimed to be CIL …
Stuck In The Pipeline: An Analysis Of The Hague Convention And Its Effects On Those In The Process Of International Adoptions,
2016
St. John's University School of Law
Stuck In The Pipeline: An Analysis Of The Hague Convention And Its Effects On Those In The Process Of International Adoptions, Sarah M. Baird
Journal of International and Comparative Law
No abstract provided.
A Comparative Study Of Attorney Responsibility For Fees Of An Opposing Party,
2016
St. John's University School of Law
A Comparative Study Of Attorney Responsibility For Fees Of An Opposing Party, Amy Salyzyn
Journal of International and Comparative Law
No abstract provided.
Targeted Killings By Drones: A Domestic And International Legal Framework,
2016
St. John's University School of Law
Targeted Killings By Drones: A Domestic And International Legal Framework, Catherine Lotrionte
Journal of International and Comparative Law
No abstract provided.
American Exceptionalism In The International Order,
2016
St. John's University School of Law
American Exceptionalism In The International Order, Peter D. Trooboff
Journal of International and Comparative Law
No abstract provided.
An Overview Of The Newly Adopted International Criminal Court Definition Of The Crime Of Aggression,
2016
St. John's University School of Law
An Overview Of The Newly Adopted International Criminal Court Definition Of The Crime Of Aggression, Jennifer Trahan
Journal of International and Comparative Law
No abstract provided.
International Law And Japan’S Territorial Disputes,
2016
U.S. Naval War College
International Law And Japan’S Territorial Disputes, Raul (Pete) Pedrozo
International Law Studies
Five of the most contentious territorial disputes that plague the Asia-Pacific today have their roots in the San Francisco Peace Treaty. The treaty required Japan to renounce all claims with regard to a number of lands, but failed to declare a successor State to these lands. Over the years, these disputes have intensified as a result of rising nationalism and a growing demand for ocean resources. This article discusses the merits of Japan’s claims to the Kurile Islands, Liancourt Rocks and Pinnacle Islands and concludes that Japan’s claims are superior to those of the other claimants.
On The Poverty, Rise, And Demise Of International Criminal Law,
2016
Portland State University
On The Poverty, Rise, And Demise Of International Criminal Law, Tiphaine Dickson
Dissertations and Theses
This dissertation in four essays critically examines the emergence of international criminal courts: their international political underpinnings, context, and the impact of their political production in relation to liberal legalism, liberal political theory, and history. The essays conceive of international criminal legal bodies both as political projects at their inception and as institutions that deny their own political provenance. The work is primarily one of political theory at the intersection of history, international relations, international criminal law, and the politics of memory. The first essay questions Nuremberg's legacy on the United States' exceptionalist view of international law and its deviant …
Surrogacy As The Sale Of Children: Applying Lessons Learned From Adoption To The Regulation Of The Surrogacy Industry's Global Marketing Of Children,
2016
Pepperdine University
Surrogacy As The Sale Of Children: Applying Lessons Learned From Adoption To The Regulation Of The Surrogacy Industry's Global Marketing Of Children, David M. Smolin
Pepperdine Law Review
This Article argues that most surrogacy arrangements, as currently practiced, constitute the “sale of children” under international law and hence should not be legally legitimated. Therefore, maintaining the core legal norm against the sale of children requires rejecting claims that there is a right to procreate through surrogacy. Since a fundamental purpose of law in the modern era of human rights is to protect the inherent dignity of the human person, a claimed legal right that is built upon the sale of human beings must be rejected. This Article refutes common arguments claiming that commercial surrogacy does not constitute the …
Industrial Accidents, Natural Disasters And "Act Of God",
2016
Maastricht University
Industrial Accidents, Natural Disasters And "Act Of God", Michael Faure, Liu Jing, Andri G. Wibisana
Georgia Journal of International & Comparative Law
No abstract provided.
Table Of Contents,
2016
University of Georgia School of Law
Table Of Contents, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
Table of Contents and Masthead for this issue.
Solving The Moro Problem: Legalizing The Bangsamoro Peace Process,
2016
Technological University Dublin
Solving The Moro Problem: Legalizing The Bangsamoro Peace Process, Gene Carolan
Articles
The purpose of this paper is to highlight the structural features that are proving central to the stability of the 2014 Comprehensive Agreement on the Bangsamoro between the Government of the Philippines and the Moro Islamic Liberation Front, and those features that were detrimental to its predecessors.
This paper finds that a more highly legalized approach to peace-making has resulted in greater agreement stability in the Philippines. More precise in detail and inclusive in scope, the legal nature of the 2014 Comprehensive Agreement has made it more responsive to the root causes of the conflict, and resilient to incidents that …
Creating An International Prison,
2016
Texas A&M University School of Law
Creating An International Prison, Mary Margaret Penrose
Faculty Scholarship
This Article asserts that a permanent international prison is a necessary, if not indispensable, component of any effective international criminal justice system. It begins by first addressing the historical approach to international sentencing. Next, it discusses the inadequacies of the status quo. Finally, it argues the time has come to construct a permanent international prison, rather than adhere to the ad hoc approach in dealing with international criminals and convicts.
