Self-Determination And Secession Under International Law: Nagorno-Karabakh,
2016
Cleveland-Marshall College of Law, Cleveland State University
Self-Determination And Secession Under International Law: Nagorno-Karabakh, Milena Sterio
Law Faculty Articles and Essays
The principle of self-determination grants minority groups defined as “peoples” the right to auto-determine their political future. This principle, while stemming back to post-World War I ideologies, has guided decolonisation and has served as the theoretical underpinning of former colonies’ independence quests. In the more recent decades, however, questions have surfaced regarding this principle’s applicability in the non-decolonisation paradigm: can secessionist movements rely on the principle of self-determination to justify their independence demands? Or, does the principle of self-determination in the non-decolonisation paradigm only bestow a right to internal autonomy on secessionist entities, while obligating them to remain within the …
"Black" Hawala: Confronting Isil On The Financial Front,
2016
American University Washington College of Law
"Black" Hawala: Confronting Isil On The Financial Front, Kelsey Mowatt-Larssen
American University National Security Law Brief
No abstract provided.
Bridging Rule Of Law Theory And Implementation: The Role Of Professional Ethical Integrity,
2016
UC Law SF
Bridging Rule Of Law Theory And Implementation: The Role Of Professional Ethical Integrity, Kate E. Bloch
UC Law SF International Law Review
No abstract provided.
Cross-Cultural Challenges, Consensus, And Opportunities For Advancing The Professional Ethical Integrity Of Legal System Actors,
2016
UC Law SF
Cross-Cultural Challenges, Consensus, And Opportunities For Advancing The Professional Ethical Integrity Of Legal System Actors, Rory K. Little
UC Law SF International Law Review
No abstract provided.
Reflections On Ethical Integrity: Challenges To The Rule Of Law Facing The Haitian Legal Profession,
2016
UC Law SF
Reflections On Ethical Integrity: Challenges To The Rule Of Law Facing The Haitian Legal Profession, Jomanas Eustache
UC Law SF International Law Review
No abstract provided.
Introduction: Global Human Rights Law And The Boundaries Of Statehood,
2016
Tilburg Law School
Introduction: Global Human Rights Law And The Boundaries Of Statehood, Daniel Augenstein, Hans Lindahl
Indiana Journal of Global Legal Studies
The contributions collected in this Special Issue are the outcome of a colloquium on "Global Human Rights Law and the Boundaries of Statehood" held at the Stellenbosch Institute for Advanced Study (STIAS) in South Africa in March 2015. The colloquium is the first in a series of topics to be addressed within the STIAS research project, "Boundaries and Legal Authority in a Global Context," coordinated by Hans Lindahl and Louise du Toit. We would like to express our gratitude to STIAS for the funding and logistics of the colloquium. Our particular thanks are due to the director of STIAS, Hendrik …
Fathoming Potential In China—How Ship Lease Financing Arrangements And Free Trade Zones May Open Markets To Non-Bank Investent,
2016
Tulane Law School
Fathoming Potential In China—How Ship Lease Financing Arrangements And Free Trade Zones May Open Markets To Non-Bank Investent, Rick Beaumont
American University Business Law Review
No abstract provided.
The Temporal Rivalries Of Human Rights,
2016
[email protected]
The Temporal Rivalries Of Human Rights, Fleur E. Johns
Indiana Journal of Global Legal Studies
Nation-states' "boundaries" are produced in time: around official working hours and terms of office, for instance, and in the historicomythic "life of the nation." Global human rights practices affirm and depend on nation-states' temporal authority, while also calling that authority into question. In different ways, global markets do likewise. In recent decades, the ubiquity of both finance capital and international human rights law, among other factors, may have encouraged the fracturing of time into intervals of ever-decreasing length. Temporal authority premised on the long-term seems to have declining purchase, even as historicism and futurism abound, discouraging some modes of state-based …
Corporations And The Limits Of State-Based Models For Protecting Fundamental Rights In International Law,
2016
University of Johannesburg;
Corporations And The Limits Of State-Based Models For Protecting Fundamental Rights In International Law, David Bilchitz
Indiana Journal of Global Legal Studies
At the heart of international law lies a central tension. On the one hand, the fundamental rights recognized in international treaties protect the fundamental interests of individuals, obligating all actors who can affect these rights. One the other hand, international law has often been conceived of as a system in which the only legitimate actors are states. In turn, only states can be bound by the fundamental rights obligations in international treaties. To address this tension, two models have been proposed. The first is an "Indirect duty" approach, whereby the state remains the primary duty-bearer and must itself "create" the …
Fractured Territories And Abstracted Terrains: Human Rights Governance Regimes Within And Beyond The State,
2016
Penn State Law
Fractured Territories And Abstracted Terrains: Human Rights Governance Regimes Within And Beyond The State, Larry Catá Backer
Indiana Journal of Global Legal Studies
The problem of representation has become a central element for the development of human rights norms, not just within international organizations, but within states as well. The problem has been made acute by two significant changes in the organization of power that became visible after the 1950s. On one hand, the idea of the individual became more abstract. Mass democracy became symptomatic of a general trend toward the dissolution of the individual within a mass population, which was incarnated as the aggregation of its group characteristics, its statistics, and data. On the other hand, states were becoming less solid; the …
Human Rights And Global Public Goods: The Sound Of One Hand Clapping?,
2016
Univeristy of Edinburgh
Human Rights And Global Public Goods: The Sound Of One Hand Clapping?, Neil Walker
Indiana Journal of Global Legal Studies
Each operating in a presumptively general or universal register, 'public goods" and "human rights" are among the most popular and visible contemporary carriers of ideas of global law and governance and are therefore prime sources for any broader project of global justice. Their combination, moreover, holds out the prospect of a fertile engagement between the two core concerns of modern political morality our collective requirements and potential (public goods) and our individual dignity and well-being (human rights). Yet for all their ambition, public goods and human rights each face the formidable challenge of placing considerations of political authority and political …
Statehood, Power, And The New Face Of Consent,
2016
University of Essex School of Law
Statehood, Power, And The New Face Of Consent, Sheldon Leader
Indiana Journal of Global Legal Studies
Individuals and groups are often subjected to power, both public and private, by eliciting their consent. Debate usually focuses on whether or not that consent is freely given or is vitiated by imbalances of strength between the bargaining parties. This essay focuses on a different issue, one that is largely passed over in legal and moral analyses: how far does and should consent bind one to accepting in advance changes in the future? There are signs of a fundamental shift in answering this question-a shift that particularly concerns the control of power in the economy. Industrial democracies may be abandoning …
One Pillar: Legal Authority And A Social License To Operate In A Global Context,
2016
Tilburg University
One Pillar: Legal Authority And A Social License To Operate In A Global Context, Hans Lindahl
Indiana Journal of Global Legal Studies
The claim that businesses have a social license to operate acquires concrete form in the second pillar of the U.N. Guiding Principles on Business and Human Rights (UNGPs) in the fundamental distinction between "compliance with all applicable laws" and "respect for human rights." The aim of this paper is to critically examine the presuppositions that undergird this distinction and to explain how and why moving beyond state-centered thinking about law, in response to violations of human rights by globally operating businesses, requires acknowledging that there is one pillar that embraces states and businesses: the legal obligation to comply with international …
Using International Property Law As A
Lever To Evolve Toward Integrative Ocean
Governance,
2016
The University of Pacific, McGeorge School of Law
Using International Property Law As A Lever To Evolve Toward Integrative Ocean Governance, Rachael E. Salcido
University of the Pacific Law Review
No abstract provided.
2015 Brandeis Institute Of International
Judges Report: International Courts, Local
Actors,
2016
University of the Pacific
2015 Brandeis Institute Of International Judges Report: International Courts, Local Actors, Brandeis Institute Of International Judges
University of the Pacific Law Review
No abstract provided.
The Global Data Protection Implications Of "Brexit",
2016
Indiana University Maurer School of Law
The Global Data Protection Implications Of "Brexit", Fred H. Cate, Christopher Kuner, Dan Jerker B. Svantesson, Orla Lynskey, Christopher Millard
Articles by Maurer Faculty
No abstract provided.
Treaty Commitment And The Reconstruction Of Social Relations Among States,
2016
University at Albany, State University of New York
Treaty Commitment And The Reconstruction Of Social Relations Among States, Youcheer Kim
Legacy Theses & Dissertations (2009 - 2024)
Does states’ treaty commitment promote the inter-state socialization? A gap exists in the existing constructivist International Relations literature as to which agents could promote the internalization of constitutive beliefs through which process. This project seeks to illuminate whether states’ treaty commitments have promoted the inter-state socialization in three dimensions: (1) the convergence of voting patterns in the UN General Assembly (2) the convergence of state practices in territorial disputes (3) the emergence of rules-oriented domestic governance. I draw on classical sociology, public law theory, the English School theory, and the Transnational Legal Process theory to develop the Social Theory of …
What Is "Colonial" About Colonial Laws?,
2016
American University Washington College of Law
What Is "Colonial" About Colonial Laws?, Arudra Barra
American University International Law Review
No abstract provided.
The Quest For A User-Friendly Copyright Regime In Hong Kong,
2016
Texas A&M University School of Law
The Quest For A User-Friendly Copyright Regime In Hong Kong, Peter K. Yu
American University International Law Review
No abstract provided.
Picking Up The Slackline: Can The United States And Japan Successfully Regulate Commercial Fishing Of Bluefin Tuna Following Failed Intergovernmental Attempts?,
2016
Maurer School of Law: Indiana University
Picking Up The Slackline: Can The United States And Japan Successfully Regulate Commercial Fishing Of Bluefin Tuna Following Failed Intergovernmental Attempts?, Sarah E. Bauer
Indiana Law Journal
Part I of this Note will address the reasons why intergovernmental organizations have failed to adequately regulate the commercial fishing of Bluefin tuna. Part II offers an analysis of the Bluefin markets in the United States and Japan and argues that these countries are ideal candidates for successful Bluefin regulation because of their market structures. Part III explores the likelihood that the two countries would implement such regulations, taking into account the respective governments’ histories of species-specific regulation.
