Globalization, Global Governance, And Challenges To Contemporary Constitutionalism: The (Trans) Constitutional Perspective And The Dialogue Among Jurisdictions,
2016
Universidade do Vale do Itajaí
Globalization, Global Governance, And Challenges To Contemporary Constitutionalism: The (Trans) Constitutional Perspective And The Dialogue Among Jurisdictions, Thaís Vandresen, Maria Cláudia S. Antunes De Souza
University of Baltimore Journal of International Law
This article focuses on the challenges facing contemporary constitutionalism before the irreversibility of globalization and the prospect of global governance. The goal of this article is to identify the proposals concerning the development of a global constitutionalism, as well as analyze the limits and possibilities of proposed trans-constitutionalism as an alternative to establish juridical “dialogues” among different legal normative orders. The study is justified, having in mind the need for re-contextualization of contemporary constitutionalism, given the fragility of the concept of sovereignty and the multiplicity of regulatory sources, especially concerning the international protection of human rights. Rationale inductive basis was …
Student Comment: Syrian Refugees - Economic Benefit Or Substantial Burden On States Of The European Union,
2016
University of Baltimore
Student Comment: Syrian Refugees - Economic Benefit Or Substantial Burden On States Of The European Union, Aviana Cooper
University of Baltimore Journal of International Law
This comment will discuss the current status of the Syrian refugee crisis as well as the economic and humanitarian issues the European Union is facing to assist these refugees in their escape. This comment will also discuss the efforts being made by the European Union to alleviate the issue of refugees coming into their member states. Further describing how these efforts are impacting the European Union’s budget and how much money has already been allocated towards these projects. Is it in the best interest of the European Union to continue to let refugees into their country by the thousands or …
Holding The Executive Accountable In Egypt, Impeachment: A Losing Case,
2016
Alexandria University School of Law
Holding The Executive Accountable In Egypt, Impeachment: A Losing Case, Dr. Mohamed Abdelaal
University of Baltimore Journal of International Law
This paper examines the impeachment mechanism in Egypt after the 2011 Revolution and the 2013 events and the removal of Presidents Hosni Mubarak and Mohamed Morsi. In doing so, the paper will provide a critical analysis to the impeachment clauses in both the 2012 and 2014 Constitutions, in an attempt to discover to what extent the pre 2011 impeachment differs from that of post 2011. Further, it addresses the issue of whether the recall election could make a good alternative to impeachment in Egypt. Specifically, we will briefly shed light on the history of the recall device as well as …
Potential Impacts On Individuals Caused By The Invasion Of Ngos Into International Politics,
2016
Huazhong University of Science and Technology
Potential Impacts On Individuals Caused By The Invasion Of Ngos Into International Politics, Zhao Li, Haibin Qi
University of Baltimore Journal of International Law
In the contemporary world, NGOs are playing significant roles in international cooperation and globalization. This actively promotes the formation of a global society. Accompanying that, NGOs also have an increased international political influence. Against this background, some scholars believe the rise of NGOs will create an era of individuals’ emancipation from the sovereign states, while others consider that the golden age of autonomy has passed. This paper studies the essence of the association dominated by NGOs and how this association affects individuals in international politics. This paper suggests that the ideal subject for NGOs is one with clearly defined and …
Semantic Reversal: Individual, Person, Individualism, Individualization, And Subject Of Fundamental Rights,
2016
Federal University of Espírito Santo
Semantic Reversal: Individual, Person, Individualism, Individualization, And Subject Of Fundamental Rights, Brunela Viera De Vincenzi
University of Baltimore Journal of International Law
Based upon the theory of justice, founded on reciprocal and co-operative recognition, this study seeks to demonstrate that there are alternative means of dispute resolution within the spheres of family and work, which produce binding decisions that are accepted by the parties to the conflict as fair. At the same time, it also seeks to demonstrate that certain conflicts cannot be withdrawn from the pur-view and judgment of the State Judiciary System, with the goal of reestablishing the confidence that individuals have in the decision-making system of the state legal system.
Reparation, Restoration, Incarceration: Comparative Perspectives On The African-American Reparations Problem,
2016
Rutgers University School of Law - Camden
Reparation, Restoration, Incarceration: Comparative Perspectives On The African-American Reparations Problem, Michael A. Livingston
University of Baltimore Journal of International Law
The proposal of reparations to African-Americans for slavery and subsequent offenses has stimulated a great deal of academic attention but little practical action. One reason for this is the indifference of non-black Americans and the lack of historical consciousness in a pragmatic, forward-looking culture. Yet some AfricanAmericans also have mixed feelings about reparations, preferring to concentrate on current problems rather than seek repayment for past wrongs, and perhaps even considering the debate as a divergence from more pressing, immediate problems.
Safeguards For Defendant Rights And Interests In International Intellectual Property Enforcement Treaties,
2016
The University of Sydney, Sydney Law School
Safeguards For Defendant Rights And Interests In International Intellectual Property Enforcement Treaties, Kimberlee Weatherall
American University International Law Review
No abstract provided.
Futboi: The 2014 Chilean Tax Reform And The Elimination Of Chile's Fut,
2016
Loyola University Chicago, School of Law
Futboi: The 2014 Chilean Tax Reform And The Elimination Of Chile's Fut, Cash Kinghorn
Loyola University Chicago International Law Review
No abstract provided.
Table Of Contents,
2016
Loyola University Chicago, School of Law
Table Of Contents, Loyola University Chicago International Law Review
Loyola University Chicago International Law Review
No abstract provided.
Extrajudicial Punishments To Combat The Philippine Drug War: Problem Or Solution?,
2016
Loyola University Chicago, School of Law
Extrajudicial Punishments To Combat The Philippine Drug War: Problem Or Solution?, Mikaela Y. Medina
Loyola University Chicago International Law Review
No abstract provided.
The Ex-Im Bank Calls For A Change To Get Back In The Game,
2016
Loyola University Chicago, School of Law
The Ex-Im Bank Calls For A Change To Get Back In The Game, Alyse Fischer
Loyola University Chicago International Law Review
No abstract provided.
Expanding Past Genocide, Crimes Against Humanity, And War Crimes: Can An Icc Policy Paper Expand The Court's Mandate To Prosecuting Environmental Crimes?,
2016
Loyola University Chicago, School of Law
Expanding Past Genocide, Crimes Against Humanity, And War Crimes: Can An Icc Policy Paper Expand The Court's Mandate To Prosecuting Environmental Crimes?, Payal Patel
Loyola University Chicago International Law Review
No abstract provided.
Transnational Support And Legal Education Reform In Developing Countries: Findings And Lessons From Burma/Myanmar,
2016
Loyola University Chicago, School of Law
Transnational Support And Legal Education Reform In Developing Countries: Findings And Lessons From Burma/Myanmar, Jonathan Liljeblad
Loyola University Chicago International Law Review
Myanmar's current transition involves a concerted international effort to promote the rule of law. Legal education is integral to promoting the rule of law, and so calls for development aid that works to improve a country's legal education system. The nature of development aid, however, calls for some analysis of its efficacy. This paper contributes to this call by taking as a case study the state of transnational aid efforts to improve legal education in Burma/Myanmar, and finds issues that threaten the efficacy of international aid efforts to reform legal education in developing countries. The analysis concludes with recommendations to …
Adopting An International Convention On Surrogacy - A Lesson From Intercountry Adoption,
2016
Loyola University Chicago, School of Law
Adopting An International Convention On Surrogacy - A Lesson From Intercountry Adoption, Seema Mohapatra
Loyola University Chicago International Law Review
No abstract provided.
Toward A New Framework For Understanding Political Opinion,
2016
University of British Columbia, Allard School of Law
Toward A New Framework For Understanding Political Opinion, Catherine Dauvergne
Michigan Journal of International Law
This paper was written to frame the work of the Seventh Colloquium on Challenges in International Refugee Law, held at the University of Michigan Faculty of Law, on March 27–29, 2015. To some extent, therefore, it has already served its purpose. It is somewhat tempting in the wake of the Colloquium to completely reconstruct the paper in light of the conversations and conclusions of that event. Such reconstruction, however, would be misleading. Instead, I have chosen to publish the paper in a form that is very similar to its earlier iteration, with a few corrections, clarifications, and explanatory notes about …
During War, The Law Is Silent, Or Is It: Examining The Legal Status Of Guantanomo Bay,
2016
University of Richmond
During War, The Law Is Silent, Or Is It: Examining The Legal Status Of Guantanomo Bay, Kate Frisch
Richmond Journal of Global Law & Business
Instead, I argue that international human rights law precludes the existence of any "legal black hole." Human rights law protects the rights and liberties of individuals purely based on their status as human beings, regardless of their location. Therefore, an individual's rights cannot be suspended. As a result, it must be the responsibility of the entity that holds custody and control over the individual to protect those rights. In order to enforce the protection of human rights, international responsibilities stemming from treaties that have solidified the individual nature of the rights must be used as an instrument for enforcement to …
The Battle Against Geo-Blocking: The Consumer Strikes Back,
2016
University of Richmond
The Battle Against Geo-Blocking: The Consumer Strikes Back, Sabrina Earle
Richmond Journal of Global Law & Business
The first part of this article will focus on the background of copyright law and its expansion in the digital age. The development of copyright law in the United States will be discussed along with a focus on current case law that has applied copyright law to the Internet and advancing technologies. Part I will also look into the expansion of copyright protection to an international level, including the creation of WIPO and the WIPO Copyright Treaty. Finally, Part I will discuss the popular trend of how consumers use the Internet to access digital copyrightable material. The second part of …
President Obama's Approach To The Middle East And North Africa: Strategic Absence,
2016
Case Western Reserve University School of Law
President Obama's Approach To The Middle East And North Africa: Strategic Absence, Paul Williams
Case Western Reserve Journal of International Law
No abstract provided.
The 2016 Philip C. Jessup International Law Moot Court Competition,
2016
Nova Southeastern University
The 2016 Philip C. Jessup International Law Moot Court Competition
ILSA Journal of International & Comparative Law
The State of Amestonia and the Federal Republic of Riesland appear before the International Court of Justice in accordance with Article 40(1) of its Statute through submission of a special agreement for resolution of all the differences between them concerning the Frost Files.
Enforcing International Law In U.S. Courts: The Law Of The Sea Convention At Play In Kivalina,
2016
Nova Southeastern University
Enforcing International Law In U.S. Courts: The Law Of The Sea Convention At Play In Kivalina, Esmeralda Colombo
ILSA Journal of International & Comparative Law
No abstract provided.
