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Authoritarian Member States In International Organizations, Matt Barg 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., Jonathan A. Fein Proaño 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 2015 University of San Francisco

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, Peter Heidepriem 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), Dorothy Du 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, Daniel R. Echeverri 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, Georgia Journal of International and Comparative Law 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., Hugo Hahn 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, Patricia E. Cooper 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, Noel Hemmendinger, William H. Barringer, T. Leonard Kossl 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, John T. Fischbach 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, Douglas E. Rosenthal, Thomas E. Sheldon 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, Daniel Minchew, R. Dan Webster 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, Louis B. Sohn 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, Georgia Journal of International and Comparative Law 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, Perrine Toledano 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, Carlo Garbarino, Giulio Allevato 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, Harlan G. Cohen 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, Rochelle Dreyfuss, Susy Frankel 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, Fernando R. Tesón 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 …


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