Authoritarian Member States In International Organizations,
2015
University of San Francisco
Authoritarian Member States In International Organizations, Matt Barg
Master's Theses
This thesis investigates under which conditions do authoritarian Member States exist in International Organizations that require democratic governance in their treaty law. The European Union is used as a case study along with two of its Member States that are in the process of transitioning to democracy from previous authoritarian regimes—Hungary and Romania. This thesis employs stealth authoritarian theory to analyze how a democratizing Member State may violate these laws and revert to authoritarian governance. It also critiques international enforcement mechanisms to consider their effectiveness to enforce their laws and norms as well as prevent an authoritarian reversal. Finally, cultural …
Evolution Of A Nation After A Dictatorship: How Law, Politics And Society Of The 1973 Dictatorship In Uruguay And Of The Subsequent Return Of Democracy In 1985, Potentially Helped Evolve The Nation Of Today.,
2015
The University of San Francisco
Evolution Of A Nation After A Dictatorship: How Law, Politics And Society Of The 1973 Dictatorship In Uruguay And Of The Subsequent Return Of Democracy In 1985, Potentially Helped Evolve The Nation Of Today., Jonathan A. Fein Proaño
Master's Theses
In 1973, Uruguay’s president authored a coup d’état with the military and changed the history and fabric of Uruguay. Once democracy returned to Uruguay in 1985, it was a chance to see if an evolution of the law, politics and society would occur. This thesis aims to analyze and understand the patterns of change and de-evolution or evolution that happened during the dictatorship and then over the last 30 years. I break down the process of changes that happened legally and politically, how the dictatorship and its leaders used law to destroy rule of law, and how society changed.
This …
The Role Of The State, Multinational Oil Companies, International Law & The International Community: Intersection Of Human Rights & Environmental Degradation Climate Change In The 21st Century Caused By Traditional Extractive Practices, The Amazon Rainforest, Indigenous People And Universal Jurisdiction To Resolve The Accountability Issue, Marcela Cabrera Luna
Master's Theses
Local, national and international conventions that protect indigenous sovereignty and their territories, where many of the resources are extracted from by multinational corporations (MNCs) particularly oil, the number one commodity of the world and cause of climate change, continue to be jeopardized because of the lack of a clear international legal framework that can protect them and potentially hold multinationals accountable for their actions. These practices are causing not only environmental issues to the indigenous and surrounding communities, but climate change is in fact, the real human rights issue of the 21st century and it affects everyone. By using …
The Tohono O'Odham Nation And The United States-Mexico Border,
2015
Georgetown University Law Center
The Tohono O'Odham Nation And The United States-Mexico Border, Peter Heidepriem
American Indian Law Journal
No abstract provided.
Novartis Ag V. Union Of India: "Evergreening," Trips, And "Enhanced Efficacy" Under Section 3(D),
2015
University of Georgia School of Law
Novartis Ag V. Union Of India: "Evergreening," Trips, And "Enhanced Efficacy" Under Section 3(D), Dorothy Du
Journal of Intellectual Property Law
No abstract provided.
Six Degrees Of Separation: Attribution Under The Foreign Sovereign Immunities Act In Obb Personenverkehr Ag V. Sachs,
2015
Duke Law
Six Degrees Of Separation: Attribution Under The Foreign Sovereign Immunities Act In Obb Personenverkehr Ag V. Sachs, Daniel R. Echeverri
Duke Journal of Constitutional Law & Public Policy Sidebar
The Foreign Sovereign Immunities Act (FSIA) generally prevents foreign sovereigns from falling within the jurisdiction of U.S. courts, subject to exceptions the FSIA lists. This commentary analyzes BB Personenverkehr AG v. Sachs, a case before the Supreme Court on the question of whether the commercial activities exception of the FSIA applies when only one element of a plaintiff's claim is based upon commercial activity occurring in the United States and whether that sale can be attributed to a foreign sovereign. In this case, the plaintiff purchased a rail pass through an online, third-party travel agent. While traveling abroad and …
Books Received,
2015
University of Georgia School of Law
Books Received, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
Palandt, Burgerliches Gesetzbuch. Commentaries On The German Civil Code, 36th Rev. Ed.,
2015
University of Georgia School of Law
Palandt, Burgerliches Gesetzbuch. Commentaries On The German Civil Code, 36th Rev. Ed., Hugo Hahn
Georgia Journal of International & Comparative Law
No abstract provided.
Aviation Law-Air Services Agreement Between The United States And The United Kingdom,
2015
University of Georgia School of Law
Aviation Law-Air Services Agreement Between The United States And The United Kingdom, Patricia E. Cooper
Georgia Journal of International & Comparative Law
No abstract provided.
Section 337: A Case For Repeal Or Change,
2015
University of Georgia School of Law
Section 337: A Case For Repeal Or Change, Noel Hemmendinger, William H. Barringer, T. Leonard Kossl
Georgia Journal of International & Comparative Law
No abstract provided.
The Need To Improve Consistency In The Application And Interpretation Of Section 337 Of The Tariff Act Of 1930 And Section 5 Of The Federal Trade Commission Act,
2015
University of Georgia School of Law
The Need To Improve Consistency In The Application And Interpretation Of Section 337 Of The Tariff Act Of 1930 And Section 5 Of The Federal Trade Commission Act, John T. Fischbach
Georgia Journal of International & Comparative Law
No abstract provided.
Section 337: A View From Two Within The Department Of Justice,
2015
University of Georgia School of Law
Section 337: A View From Two Within The Department Of Justice, Douglas E. Rosenthal, Thomas E. Sheldon
Georgia Journal of International & Comparative Law
No abstract provided.
Symposium: Section 337 Of The Trade Act Of 1974, Regulating Unfair Practices In International Trade: The Role Of The United States International Trade Commission,
2015
University of Georgia School of Law
Symposium: Section 337 Of The Trade Act Of 1974, Regulating Unfair Practices In International Trade: The Role Of The United States International Trade Commission, Daniel Minchew, R. Dan Webster
Georgia Journal of International & Comparative Law
No abstract provided.
John A Sibley Lecture, The Shaping Of International Law,
2015
University of Georgia School of Law
John A Sibley Lecture, The Shaping Of International Law, Louis B. Sohn
Georgia Journal of International & Comparative Law
No abstract provided.
Table Of Contents,
2015
University of Georgia School of Law
Table Of Contents, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
Global Value Chains And Resource Corridors: The Nexus Is Regional Integration,
2015
Columbia Law School, Columbia Center on Sustainable Investment
Global Value Chains And Resource Corridors: The Nexus Is Regional Integration, Perrine Toledano
Columbia Center on Sustainable Investment Staff Publications
To be more involved in the global value chains, sub-Saharan African countries should intensify their regional integration efforts. A first step in this direction can be implementing cross-border resource-based development corridors.
The Global Architecture Of Financial Regulatory Taxes,
2015
Università Bocconi
The Global Architecture Of Financial Regulatory Taxes, Carlo Garbarino, Giulio Allevato
Michigan Journal of International Law
This Article endeavors to broaden the analysis of available policy tools to address the problems created by financial crises and discusses how, in addition to direct regulation, certain tax measures having a regulatory nature may operate to address the so-called “negative externalities” often associated with those crises. There is a negative externality when an economic agent making a decision does not pay the full cost of the decision’s consequences. In such cases, the cost to society as a whole is greater than the cost borne by the individuals creating the economic impact. In practice, negative externalities result in market inefficiencies …
Methodology And Misdirection: Custom And The Icj,
2015
University of Georgia
Methodology And Misdirection: Custom And The Icj, Harlan G. Cohen
Popular Media
Associate Professor Harlan G. Cohen published "Methodology and Misdirection: Custom and the ICJ" on the European Journal of International Law's blog EILJ: Talk! on December 1, 2015.
From Incentive To Commodity To Asset: How International Law Is Reconceptualizing Intellectual Property,
2015
NYU School of Law
From Incentive To Commodity To Asset: How International Law Is Reconceptualizing Intellectual Property, Rochelle Dreyfuss, Susy Frankel
Michigan Journal of International Law
The intellectual property landscape is changing. As Jerry Reichman once observed, intellectual property rights were islands in a sea of the public domain until domestic laws expanded to include such “innovations” as business methods, software, scents, and sounds and turned the public domain into a pond surrounded by a continent of rights. Reichman spoke towards the end of the 20th century, and whatever problems accompanied this change, in truth (to paraphrase Voltaire’s view of the Holy Roman Empire), the concept of “intellectual property rights” was predominantly about neither “property” nor “rights” (nor was it always “intellectual”). Rather, copyright, patent, and …
Revising International Law: A Liberal Account Of Natural Resources,
2015
Florida State University College of Law
Revising International Law: A Liberal Account Of Natural Resources, Fernando R. Tesón
Scholarly Publications
In this Article, I defend the view that natural resources originally belong to individuals who have legitimately established private property claims over them. Natural resources do not belong to a collective entity such as the people or the state. My argument is simple. Relying on the Lockean contractarian tradition, I argue that individuals must delegate any resource controlled by the state. This is because all powers of the state are, morally, delegated powers. A group's claims over natural resources is entirely derivative of the original claims of its members. Only individuals can originally appropriate natural resources; only they have the …
