International Law Commons^™

Take Me To Your Liter: Politics, Power, And Public-Private Partnerships With The Sugar-Sweetened Beverage Industry In The Post-2015 Development Agenda, Craig W. Moscetti, Allyn L. Taylor

Washington International Law Journal

Today, non-communicable diseases (“NCDs”) are widely recognized as a global public health crisis and a foreign policy priority. The international community was slow to identify and respond to the crisis of NCDs in the later part of the twentieth century. However, in 2011 the United Nations High Level Meeting on NCDs recognized NCDs as one of the greatest threats to health and development in the twenty-first century, and a major topic for the post-2015 development agenda. Notably, many experts, national governments, and global leaders have rallied for an inclusive, “whole-of-government” and “whole-of-society” approach, situating public-private partnerships (“PPPs”) with some of …

Promoting Sustainable Development Through Environmental Law: Prospects For Saudi Arabia, Faisal K. Alturki

Dissertations & Theses

The Kingdom of Saudi Arabia enjoys a rich cultural and natural heritage and has an advanced state of socio- economic development. It also suffers from a wide range of growing environmental problems such as securing its potable water supply, coping with solid and liquid waste, ensuring clean air or protecting the marine environment. It is the objective of sustainable development to ensure that further development in the Kingdom does not damage the public health of the people or the natural environment. The policies underlying sustainable development have developed internationally over the past four decades and are well explained in Agenda …

The Killer Robots Are Here: Legal And Policy Implications, Rebecca Crootof

Cardozo Law Review

In little over a year, the possibility of a complete ban on autonomous weapon systems - known colloquially as "killer robots" - has evolved from a proposal in an NGO report to the subject of an international meeting with representatives from over eighty states. However, no one has yet put forward a coherent definition of autonomy in weapon systems from a law of armed conflict perspective, which often results in the conflation of legal, ethical, policy, and political arguments. This Article therefore proposes that an "autonomous weapon system" be defined as "a weapon system that, based on conclusions derived from …

Interview Of Peter J. Williams Conducted By Rosine Plank-Brumback On May 31, 2015, Institute Of International Economic Law, Georgetown University Law Center

The Oral History Project of the World Trading System

Interview of Peter John Williams, Former Director for Non-Tariff Measures & Former Secretary of Ministerial Conferences, GATT Secretariat; Former EU Delegate for WTO Accessions, conducted by Rosine Plank-Brumback on May 31, 2015.

Conflict Classification In Ukraine: The Return Of The “Proxy War”?, Robert Heinsch

International Law Studies

The article examines the exact conditions for classifying an armed conflict under international humanitarian law against the backdrop of the crisis in Ukraine, taking into account the difficult factual situation on the ground and the involvement of the different parties to the conflict. Apart from dealing with the requirements of an international or a non-international armed conflict, it looks again into the specific circumstances for the “internationalization” of an internal armed conflict. In doing so, the author revisits the various approaches found in the jurisprudence of the International Court of Justice in its 1986 Nicaragua and 2007 Genocide judgments, as …

Regulating Hostilities In Non-International Armed Conflicts: Thoughts On Bridging The Divide Between The Tadić Aspiration And Conflict Realities, Geoffrey S. Corn

International Law Studies

International Humanitarian Law (IHL) evolved to strike a rational balance between the necessity of using combat power to defeat enemy opponents, and the humanitarian interest of mitigating the human suffering resulting from armed conflict. Ironically, however, the “type” of conflict most comprehensively regulated by this law—international or inter-State (IACs)—is not the “type” of armed conflict that has been most notable for producing humanitarian suffering since the end of World War II. Instead, non-international armed conflicts (NIACs)—conflicts between States and organized non-State belligerent groups, or even between multiple non-State belligerent groups—have been notorious for their brutality, indifference towards humanitarian restraint, and …

A Gender Approach To Vulnerability And Natural Disasters, Ema Izquierdo

Dissertations, Theses, and Capstone Projects

A natural disaster is a major adverse event resulting from natural processes of the earth that overwhelm local response and affect the social and economic development of the affected region. Natural disasters have been seen as situations that create challenges and difficulties mainly of a humanitarian nature. Still, progressively, it has come to be recognized that a gendered approach to humanitarian response is essential for vulnerable populations such as girls and women. Even though information about particular cases is scarce, evidence indicates that women are more likely to die after a natural disaster not because of biological reasons but because …

The Role Of The Andean Court In Consolidating Regional Integration Efforts, Edwin P. Lochridge

Georgia Journal of International & Comparative Law

No abstract provided.

The Latin American Development Process And The New Legislative Trends, Enrique E. Bledel

Georgia Journal of International & Comparative Law

No abstract provided.

Book Review: Jus Et Societas: Essays In Tribute To Wolfgang Friedmann. Eds. G. Wilner & Martinus Nijhoff. The Hague, Boston, London, 1979., Seymour J. Rubin

Georgia Journal of International & Comparative Law

No abstract provided.

Obtaining International Judicial Assistance Under The Federal Rules And The Hague Convention On The Taking Of Evidence Abroad In Civil And Commercial Matters: An Exposition Of The Procedures And A Practical Example: In Re Westinghouse Uranium Contract Litigation, Robert J. Augustine

Georgia Journal of International & Comparative Law

No abstract provided.

The Exculpatory Effect Of Self-Defense In State Responsibility, Gamal Moursi Badr

Georgia Journal of International & Comparative Law

No abstract provided.

The Palermo Protocol: Why It Has Been Ineffective In Reducing Human Sex Trafficking, Christina A. Seideman

Global Tides

This paper analyzes why the UN’s efforts against human trafficking, specifically regarding the Palermo Protocol, have been ineffective in preventing the spread of, and reducing, the human sex trafficking network. It concludes that the broad wording of the Palermo Protocol and the UN’s lack of ability to enforce its legislation, along with statistical irregularities due to self-reporting problems, have made the Palermo Protocol ineffective, and that destination countries (countries that victims are trafficked to) have a large share of the burden to create effective legislation against trafficking. Proposed solutions include holding Palermo Protocol signatory countries accountable to change their legislation, …

Preclusion Of Remedies Under Article 16(3) Of The Uncitral Model Law, Nata Ghibradze

Pace International Law Review

In search of actual consequences of (mis)use of the available remedies, Chapter II of the foregoing article starts by exploring whether the Model Law implies “choice of remedies” policy by examining its travaux préparatoires (hereinafter “travaux”). It also seeks to determine existence of “alternative system of defences” at cross-border level between remedies at the seat of arbitration and in the enforcement country. Chapter III engages in a determination of general framework of preclusions under the Model Law by analyzing specific provisions such as Article 4, 13 and 16(2).

Chapter IV, by analyzing the travaux, determines the primary purpose of the …

Reflections Of The World Bank’S Report On The Treatment Of The Insolvency Of Natural Persons In The Newest Consumer Bankruptcy Laws: Colombia, Italy, Ireland, Jason J. Kilborn

Pace International Law Review

In 2011, the World Bank initiated its first-ever examination of the policies and characteristics of effective insolvency systems for individuals (natural persons). This paper describes the two-year process that led to the publication of the World Bank’s landmark Report on the Treatment of the Insolvency of Natural Persons. After examining the key content and three major themes of the Report, three of the most recent new personal insolvency regimes are introduced with an eye to identifying the ways in which the themes of the Report are reflected in these new laws. The personal insolvency provisions in Colombian law most directly …

Contractual Excuse Under The Cisg: Impediment, Hardship, And The Excuse Doctrines, Larry A. Dimatteo

Pace International Law Review

This article will examine the law of excuse as espoused in the Convention on Contracts for the International Sale of Goods (CISG). It will examine the relevant case law applying the doctrine of impediment found in CISG Article 79. The question posed in this analysis is whether the word “impediment” relates only to the occurrences of force majeure, impossibility and frustration of purpose events or if it also includes changed circumstances, impracticability and hardship events. For purposes of simplicity, the first set of excuse or exemption doctrines will be analyzed under the heading of “impossibility” and the second set will …

The Conformity Of The Goods To The Contract In International Sales, Villy De Luca

Pace International Law Review

The present article aims to provide a general overview on the issue of conformity of the goods to the contract as regulated by Article 35 of the Convention on Contracts for the International Sales of Goods (“CISG”).

The analysis will focus on Article 35 CISG and, after having retraced the history that led to the current formulation of the provision, will concentrate on the implications following the adoption of a “unitary” notion of conformity. The evaluation will proceed focusing on the single express and implied conformity obligations covered, respectively, in the first and second paragraphs of Article 35 CISG.

The …

Is The Albert H Kritzer Database Telling Us More Than We Know?, Thomas Neumann

Pace International Law Review

This article is the first in a series of articles attempting to provide a geographical and temporal overview of the application practice of the United Nations Convention on Contracts for the International Sale of Goods (CISG). In this first article, the success of CISG is explored. The article develops the idea of using the Albert H. Kritzer Database to achieve an overview of the success of the Convention in practice. It is argued that the success of the Convention is useful to measure by its uniformity in practice, and therefore a set of criteria relating to the Convention’s application by …

Transportation, Cooperation And Harmonization: Gats As A Gateway To Integrating The Un Seaborne Cargo Regimes Into The Wto, Lijun Zhao

Pace International Law Review

This paper seeks to analyze how the World Trade Organization (WTO) may cooperate with the United Nations (UN) to unify sea-borne cargo regimes. Beginning with the current dilemma of uni-form maritime transport regime, the paper explores the relation-ship between the UN and the WTO. In light of the successful precedent of the incorporation of the UN intellectual property re-gime into the WTO, this paper probes into the feasibility that the UN and the WTO may interactively unify a maritime transport regime by reference to selected previous treaties, which include UN-administrated treaties. This paper argues the WTO-based sea transport negotiations do …

Criminal Responsibility For Arbitrators In Chinese Law: Perversion Of Law In Commercial Arbitration, Duan Xiaosong

Pace International Law Review

This article is prompted by a recent Chinese criminal provision governing the impartiality of arbitration. The goals of the article fare to critically examine the new criminal statute created by the provision and to put forward some proposals for reform, which could be employed to resolve the tension that exists between arbitrator impartiality and deference to arbitration. Although the new provision appears to eliminate the abuse of arbitral power, it may raise more questions than it resolves. This article explores the problems and undertakes a comparative analysis of the corresponding U.S. provision, as well as an analysis of some cultural …