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Keynote Speech: Global Corruption And The Universal Approach Of The United Nations Convention Against Corruption, John Sandage 2015 Osgoode Hall Law School of York University

Keynote Speech: Global Corruption And The Universal Approach Of The United Nations Convention Against Corruption, John Sandage

Osgoode Hall Law Journal

This keynote lecture describes the challenge of global corruption and the role of the United Nations Convention against Corruption in combatting it.


How The U.S. Occupation Imposed Economic Reforms On Iraq Irrespective Of International Law As A Foundation For The Present Oil Bonanza, Robert Bejesky 2015 Syracuse University

How The U.S. Occupation Imposed Economic Reforms On Iraq Irrespective Of International Law As A Foundation For The Present Oil Bonanza, Robert Bejesky

Syracuse Journal of International Law and Commerce

No abstract provided.


Syracuse Journal Of International Law And Commerce - Vol. 43, No. 1 (Complete), 2015 Syracuse University

Syracuse Journal Of International Law And Commerce - Vol. 43, No. 1 (Complete)

Syracuse Journal of International Law and Commerce

No abstract provided.


Front Matter, 2015 Syracuse University

Front Matter

Syracuse Journal of International Law and Commerce

No abstract provided.


Addressing The 'Failure' Of Informed Consent In Online Data Protection: Learning The Lessons From Behaviour-Aware Regulation, Shara Monteleone 2015 Syracuse University

Addressing The 'Failure' Of Informed Consent In Online Data Protection: Learning The Lessons From Behaviour-Aware Regulation, Shara Monteleone

Syracuse Journal of International Law and Commerce

Information notice and data subject's consent are the current main legal safeguards of data protection and privacy rights: they reflect individuals' instances, such as self-determination and control over one's own private sphere, that have been acknowledged in many jurisdictions. However, the theoretic strength of these safeguards appears frustrated by current online practices that seem suggesting to give-up with their most common form of implementation: privacy notices and request for consent. These measures are proving to be unsuccessful in increasing users' awareness and in fostering a privacy protective-behaviour. As recent studies have shown, although people declare privacy concerns, their actual behaviour …


Filling The Gaps: New Proposals For The Convention On The Rights Of A Child, Kathleen Boumans 2015 Syracuse University

Filling The Gaps: New Proposals For The Convention On The Rights Of A Child, Kathleen Boumans

Syracuse Journal of International Law and Commerce

No abstract provided.


A Framework For A Formal Sovereign Debt Restructuring Mechanism: The Kiss Principle (Keep It Simple, Stupid) And Other Guiding Principles, Charles W. Mooney Jr. 2015 University of Pennsylvania Law School

A Framework For A Formal Sovereign Debt Restructuring Mechanism: The Kiss Principle (Keep It Simple, Stupid) And Other Guiding Principles, Charles W. Mooney Jr.

Michigan Journal of International Law

This paper explores the feasibility of a formal legal regime for the restructuring of sovereign state debt and outlines a framework for such a mechanism. More than a decade ago, senior officials at the International Monetary Fund (IMF) proposed the creation of a formal sovereign debt restructuring mechanism (SDRM). The proposal received support, but was eventually abandoned. One factor that contributed to its demise was the unwillingness of IMF members to submit to a tribunal that would encroach on a state’s sovereignty. Another determinative factor was the ultimate opposition of the United States. Likely related to that opposition, and perhaps …


Freedom Of Expression And Morality-Based Impediments To The Enforcement Of Intellectual Property Rights, Marc J. Randazza 2015 University of Nevada, Las Vegas -- William S. Boyd School of Law

Freedom Of Expression And Morality-Based Impediments To The Enforcement Of Intellectual Property Rights, Marc J. Randazza

Nevada Law Journal

No abstract provided.


Testing Constitutional Pluralism In Strasbourg: Responding To Russia's "Gay Propaganda" Law, Jesse W. Stricklan 2015 University of Michigan Law School

Testing Constitutional Pluralism In Strasbourg: Responding To Russia's "Gay Propaganda" Law, Jesse W. Stricklan

Michigan Journal of International Law

In 2013, the Russian Federation amended Federal Law No. 436-FZ, “On Protection of Children from Information Harmful to Their Health and Development” (2013 law), introducing language making illegal the public discussion—or, in the law’s words, “propagandization”—of what it called “non-traditional sexual relationships.” Undertaken during a period of increasing domestic and international hostility, the law was intended by the government to be a bold, two-fold rejection of supposedly “European” values: first, as resistance to the gay rights movement, which is presented as unsuitable for Russia; and second, as a means of further weakening the freedom of expression in Russia. On both …


On Territoriality And International Investment Law: Applying China's Investment Treaties To Hong Kong And Macao, Odysseas G. Repousis 2015 University of Michigan Law School

On Territoriality And International Investment Law: Applying China's Investment Treaties To Hong Kong And Macao, Odysseas G. Repousis

Michigan Journal of International Law

To date, investor-state tribunals have been preoccupied with a range of issues revolving around the territorial application (territoriality) of international investment agreements (IIAs). The importance, as well as the various forms such issues take, has recently been highlighted in the decision of the Singapore High Court (SGHC) in Laos v. Sanum. In this case, the SGHC was asked by Laos to set aside an earlier arbitral award (in Sanum v. Laos), filed by a Macanese legal entity and rendered under the China-Laos bilateral investment treaty (BIT). In approaching the matter, the SGHC set aside the award on the grounds that …


The Import Of Hollywood Films In China: Censorship And Quotas, Jessica Grimm 2015 Syracuse University

The Import Of Hollywood Films In China: Censorship And Quotas, Jessica Grimm

Syracuse Journal of International Law and Commerce

No abstract provided.


Measuring Land Rights For A Sustainable Future, Kaitlin Y. Cordes, Jeffrey D. Sachs 2015 Columbia Law School, Columbia Center on Sustainable Development

Measuring Land Rights For A Sustainable Future, Kaitlin Y. Cordes, Jeffrey D. Sachs

Columbia Center on Sustainable Investment Staff Publications

Land rights, both for individuals and for communities, are critical for achieving sustainable development. Security of land tenure and other rights to the land (sometimes held communally rather than individually) can accelerate poverty reduction, strengthen food security, and empower women. Land rights can reduce resource conflicts, as well as encourage the responsible use of natural resources. As the UN member countries begin to implement the new Sustainable Development Goals (SDGs), they should keep land rights in their focus, and measure and protect land rights in order to achieve the SDGs.


Slavery Then And Now: The Trans-Atlantic Slave Trade And Modern Day Human Trafficking: What Can We Learn From Our Past?, Stevie J. Swanson 2015 Florida A&M University College of Law

Slavery Then And Now: The Trans-Atlantic Slave Trade And Modern Day Human Trafficking: What Can We Learn From Our Past?, Stevie J. Swanson

Florida A & M University Law Review

Many have said that history repeats itself. Unfortunately, this is painfully true in the realm of modern day human trafficking. Human trafficking is a thirty-two billion-dollar-a-year industry, and at present, it is estimated that there are approximately twenty-seven million people enslaved worldwide. President Obama has stated that human trafficking is modern day slavery. Both sex trafficking and labor trafficking are forms of modern day slavery that are present throughout America and the world. In America, sex trafficking appears online, and at pseudo-massage parlors, truckstops, residential brothels, strip-clubs, hotels and motels, and on city streets. Labor trafficking in America includes domestic …


Advancing Climate Justice In International Law: An Evaluation Of The United Nations Human Rights-Based Approach, Damilola S. Olawuyi 2015 Florida A&M University College of Law

Advancing Climate Justice In International Law: An Evaluation Of The United Nations Human Rights-Based Approach, Damilola S. Olawuyi

Florida A & M University Law Review

The term “climate justice” has been traditionally deployed by scholars to emphasize the need for international law to provide legal solutions for direct and disproportionate impacts of climate change on human life and survival, particularly in vulnerable communities. However, with emerging patterns of human rights violations, massive land grabs, forced displacements, marginalization, exclusions, and governmental repressions resulting from climate change response measures and projects (particularly clean development mechanism (CDM), and REDD+ projects), climate justice has increasingly gained a more expansive connotation. Human rights violations and climate injustices resulting from climate change projects have resulted in calls for an international approach …


Reasoned Awards In International Commercial Arbitration: Embracing And Exceeding The Common Law-Civil Law Dichotomy, S. I. Strong 2015 Weil, Gotshal & Manges LLP, New York, NY

Reasoned Awards In International Commercial Arbitration: Embracing And Exceeding The Common Law-Civil Law Dichotomy, S. I. Strong

Michigan Journal of International Law

Unlike many types of domestic arbitration where unreasoned awards (often called “standard awards”) are the norm, international commercial arbitration routinely requires arbitrators to produce fully reasoned awards. However, very little information exists as to what constitutes a reasoned award in the international commercial context or how to write such an award. This lacuna is extremely problematic given the ever-increasing number of international commercial arbitrations that arise every year and the significant individual and societal costs that can result from a badly written award. Although this Article is aimed primarily at specialists in international commercial arbitration, the material is also useful …


‘Pro Enforcement Bias’ Under Article V Of The New York Convention In International Commercial Arbitration: Comparative Overview, Fifi -. Junita - 2015 Airlangga University

‘Pro Enforcement Bias’ Under Article V Of The New York Convention In International Commercial Arbitration: Comparative Overview, Fifi -. Junita -

Indonesia Law Review

This article explores the main features of exceptions to enforcement under Article V of the NYC, including its exhaustive and discretionary natures. It then specifically provides an overview of narrow judicial control over the grounds for refusing enforcement under the Article V of the NYC. It points out the fundamental principles of the provision in determining the enforceability of international arbitral awards. Then this article will occasionally refer to international arbitral cases in some jurisdictions, such as the United States, France and Switzerland. It is noted that courts and legislatures in those jurisdictions have moved towards pro-enforcement policy to questions …


Revisiting Self-Determination Conflicts In Indonesia: An International Law Perspective, M. Yakub Aiyub Kadir 2015 " Faculty of Art, Law, and Social Sciences, Anglia Ruskin University, Cambridge, United Kingdom"

Revisiting Self-Determination Conflicts In Indonesia: An International Law Perspective, M. Yakub Aiyub Kadir

Indonesia Law Review

Indonesia is a former Dutch colony which declared its independence on August 17, 1945. However, it was not internationally recognised until December 27, 1949, when the Netherlands formally transferred the sovereignty of the Dutch East Indies to a new political entity called ‘Indonesia’ at the Round Table Conference in the Hague. This occasion marked the political union of all diverse kingdoms and regional communities spread over the Indonesian archipelago. This step has been frequently associated with the global spirit of many other countries around the world to gain independence from Western colonisers and with the international principle of self-determination. However, …


Session Report - Theme 3: Arctic Governance, Michael Grey 2015 World Maritime University

Session Report - Theme 3: Arctic Governance, Michael Grey

ShipArc 2015 Conference

No abstract provided.


Session Report - Theme 2: Beyond The Polar Code, Heike Deggim 2015 World Maritime University

Session Report - Theme 2: Beyond The Polar Code, Heike Deggim

ShipArc 2015 Conference

No abstract provided.


Session Report - Theme 1: Polar Code, Jack Westwood-Booth 2015 World Maritime University

Session Report - Theme 1: Polar Code, Jack Westwood-Booth

ShipArc 2015 Conference

No abstract provided.


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