The Political Theory Of Treaties In The Restatements Of Foreign Relations Law,
2015
Brigham Young University Law School
The Political Theory Of Treaties In The Restatements Of Foreign Relations Law, John T. Parry
BYU Law Review
No abstract provided.
Clean Bill Of Lading In Contract Of Carriage And Documentary Credit: When Clean May Not Be Clean,
2015
Kyushu University
Clean Bill Of Lading In Contract Of Carriage And Documentary Credit: When Clean May Not Be Clean, Časlav Pejović
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Submarine Cables, Cybersecurity And International Law: An Intersectional Analysis,
2015
Yale Law School
Submarine Cables, Cybersecurity And International Law: An Intersectional Analysis, Tara Davenport
Catholic University Journal of Law and Technology
No abstract provided.
The Defend Trade Secrets Act Of 2015, S. 1890, H.R. 3326, 114th Congress (2015),
2015
Catholic University of America, Columbus School of Law
The Defend Trade Secrets Act Of 2015, S. 1890, H.R. 3326, 114th Congress (2015), Joseph K.C. Doukmetzian
Catholic University Journal of Law and Technology
No abstract provided.
Unaccompanied & Denied: Regional Legal Framework For Unaccompanied Minors Asylum Seekers (Umas),
2015
National University of Malaysia, Malaysia
Unaccompanied & Denied: Regional Legal Framework For Unaccompanied Minors Asylum Seekers (Umas), Rohaida Nordin, Jennifer Whelan, Saidatul Nadia Abd. Aziz, Meerah Deiwi Rajagopal
Indonesia Law Review
Unaccompanied minor asylum seekers are vulnerable and thus, provided special international law protections. However, in reality, they are being mistreated as illegal immigrants and on the receiving end of ethnic violence, discrimination, restrictions in enjoyment of their rights duly recognised by international human rights law. This article identifies legislative, policy and support mechanisms which encompass the minimum UMAS guardianship standards at international law and which are evidence-based from best practice models for the provision of guardians for UMAS internationally. It presents situation of UMAS in relation to human rights violations with emphasis on the legal framework and practices in Australia …
The Death Of Deference And The Domestication Of Treaty Law,
2015
Brigham Young University Law School
The Death Of Deference And The Domestication Of Treaty Law, Harlan Grant Cohen
BYU Law Review
No abstract provided.
What Should The Restatement (Fourth) Say About Treaty Interpretation?,
2015
Brigham Young University Law School
What Should The Restatement (Fourth) Say About Treaty Interpretation?, Jean Galbraith
BYU Law Review
The Restatement (Second) and Restatement (Third) of the Foreign Relations Law took notably different approaches to treaty interpretation, reflecting intervening changes in the legal landscape. This symposium contribution identifies five developments in international and domestic law since the Restatement (Third). It then considers their import for the forthcoming Restatement (Fourth). Most importantly, it argues that the Restatement (Fourth) should fully incorporate two articles on treaty interpretation from the Vienna Convention on the Law of Treaties into its black-letter provisions. Since the time of the Restatement (Third), these articles have become central to international practice on treaty interpretation, and the principles …
Constraining Charming Betsy: Textual Ambiguity As A Predicate To Applying The Charming Betsy Doctrine,
2015
Brigham Young University Law School
Constraining Charming Betsy: Textual Ambiguity As A Predicate To Applying The Charming Betsy Doctrine, Andrew H. Bean
BYU Law Review
No abstract provided.
A New Imperialism? Evaluating Russia’S Acquisition Of Crimea In The Context Of National And International Law,
2015
Brigham Young University Law School
A New Imperialism? Evaluating Russia’S Acquisition Of Crimea In The Context Of National And International Law, Trevor Mcdougal
BYU Law Review
No abstract provided.
Forced Marriage At The Cambodian Crossroads: Eccc Can Develop A New Crime Against Humanity,
2015
Brigham Young University Law School
Forced Marriage At The Cambodian Crossroads: Eccc Can Develop A New Crime Against Humanity, Cameron Christensen
BYU Law Review
No abstract provided.
Taming Madison’S Monster: How To Fix Self-Execution Doctrine,
2015
Brigham Young University Law School
Taming Madison’S Monster: How To Fix Self-Execution Doctrine, David L. Sloss
BYU Law Review
No abstract provided.
The Proposed Restatement (Fourth) Of The Foreign Relations Law Of The United States: Treaties—Some Serious Procedural And Substantive Concerns,
2015
Brigham Young University Law School
The Proposed Restatement (Fourth) Of The Foreign Relations Law Of The United States: Treaties—Some Serious Procedural And Substantive Concerns, Leila Nadya Sadat
BYU Law Review
No abstract provided.
A Textual Approach To Treaty Non-Self-Execution,
2015
Brigham Young University Law School
A Textual Approach To Treaty Non-Self-Execution, Michael D. Ramsey
BYU Law Review
No abstract provided.
Presidential Pronouncements Of Customary International Law As An Alternative To The Senate’S Advice And Consent,
2015
Brigham Young University Law School
Presidential Pronouncements Of Customary International Law As An Alternative To The Senate’S Advice And Consent, Eric Talbot Jensen
BYU Law Review
The Restatement (Fourth) of Foreign Relations Law of the United States has thus far focused on the status of treaties in United States law, and has not specifically considered the topic of customary international law. While the American Law Institute undoubtedly has good reasons for its approach, there is an emerging presidential practice that should catch the attention of the drafters and encourage them to make at least a small foray into customary international law’s impact on the domestic law of the United States. This practice consists of presidents proclaiming to the international community that certain provisions of treaties that …
Treaties And The Presumption Against Preemption,
2015
Brigham Young University Law School
Treaties And The Presumption Against Preemption, David H. Moore
BYU Law Review
No abstract provided.
Four Problems With The Draft Restatement’S Treatment Of Treaty Self-Execution,
2015
Brigham Young University Law School
Four Problems With The Draft Restatement’S Treatment Of Treaty Self-Execution, Carlos Manuel Vázquez
BYU Law Review
No abstract provided.
Should Indonesia Accede To The 1951 Refugee Convention And Its 1967 Protocol?,
2015
Faculty of Law, Universitas Indonesia, Indonesia
Should Indonesia Accede To The 1951 Refugee Convention And Its 1967 Protocol?, Dita Liliansa, Anbar Jayadi
Indonesia Law Review
Being a non-party to the 1951 Convention relating to the Status of Refugees (“1951 Refugee Convention”) and 1967 Protocol relating to the Status of Refugees (“1967 Protocol”), Indonesia does not have legal obligations to provide permanent resettlement for asylum seeker and/or refugee. However, as a transit country for those seeking shelter in Australia, Indonesia undergoes a myriad of issues resulting from illegal entrance by asylum seeker and/or refugee. Besides having neither legal framework nor domestic mechanism to handle asylum seekers and/or refugee, Indonesia’s immigration law identifies every foreigner including asylum seeker and refugee who unlawfully enter Indonesia’s territory into the …
Loac And Artillery In Urban Areas: The Case Of Gaza 2014,
2015
Roger Williams University School of Law
Loac And Artillery In Urban Areas: The Case Of Gaza 2014, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Liability And Compensation Due To Transboundary Pollution Caused By Offshore Exploration And Exploitation : Imo Competence And Development Of Guidelines,
2015
World Maritime University
Liability And Compensation Due To Transboundary Pollution Caused By Offshore Exploration And Exploitation : Imo Competence And Development Of Guidelines, Sebastian Pizarro Klein
World Maritime University Dissertations
The dissertation is an analysis on the problem of the prevailing legal lacuna regarding responsibility and liability due transboundary offshore pollution. The investigation starts with the examination of the discussion at IMO and its competence to regulate the offshore industry. Afterwards the discussion at the Legal Committee of IMO is analyzed through the different doctrines developed by the authors and the International Court of Justice. Based on a possible competence of the IMO, we introduce the discussion on which international instrument is appropriate to regulate the legal lacuna. Finally, in the concluding chapters, different international instruments are compared highlighting the …
Legal Framework And Mechanism Of Marine Fisheries Subsidies In The Aspects Of International Trade And Sustainable Development,
2015
Faculty of Law, Universitas Indonesia, Indonesia
Legal Framework And Mechanism Of Marine Fisheries Subsidies In The Aspects Of International Trade And Sustainable Development, Adijaya Yusuf, Melda Kamil Ariadno, Arie Afriansyah
Indonesia Law Review
Issues in fisheries have been regulated in various international conventions. The United Nations Convention on the Law of the Sea 1982 (UNCLOS 1982) has builta regime in the field of conservation and management of fishery resources based upon maritime zones or fish species that exist and available in this zone. However, UNCLOS 1982 only focuses on the issue of fisheries in the Exclusive Economic Zone (EEZ) and the high seas, thus it was not sufficient to overcome the problems of high frequent of fishing in maritime zones which are fully subject to the jurisdiction of coastal states, such as in …
