Looking To The Practices Of Transnational Corporations To Protect The Global Environment: A New Theory Of Custom In International Environmental Law, 2013 California Western School of Law
Looking To The Practices Of Transnational Corporations To Protect The Global Environment: A New Theory Of Custom In International Environmental Law, Matthew Thurmer
Matthew A Thurmer Mr.
To a large extent, international environmental law has been unsuccessful. As a result, new and creative thinking is needed to protect the global environment. This paper, in particular, considers an approach to customary international law that is based on the practices of transnational corporations (TNCs) rather than the practices of states. Of course, many TNCs are harming the Earth. Thus, the state must regulate these multinational companies to establish practices that are environmentally sound. If enough states pass and enforce such laws, then at some point a rule of custom will arise that can protect the global environment.
Protecting Workers As A Matter Of Principle: A Latin American View Of U.S. Work Law (With S. Gamonal C.), 2013 Illinois Institute of Technology
Protecting Workers As A Matter Of Principle: A Latin American View Of U.S. Work Law (With S. Gamonal C.), César Rosado Marzán
César F. Rosado Marzán
Scholars have noted that judicial conservatism has eroded labor and employment law (hereinafter referred to as “work law”) in the U.S. and elsewhere. The Roberts Court has kept in line with such conservatism, perhaps with sharpened audacity, deciding a number of key work law cases in the favor of employers. Moreover, the current seemingly pro-employer judicial hue over recent work law cases comes at the heels of recent legal scholarship calling for a rethinking of the “idea of labor law,” the demise of the standard employment contract, and an upsurge in labor precarity. Work law, which has always been under …
Labor's Soft Means And Hard Challenges: Fundamental Discrepancies And The Promise Of Non-Binding Arbitration For International Framework Agreements, 2013 Illinois Institute of Technology
Labor's Soft Means And Hard Challenges: Fundamental Discrepancies And The Promise Of Non-Binding Arbitration For International Framework Agreements, César Rosado Marzán
César F. Rosado Marzán
Globalization has led to union decline almost universally across the world’s capitalist democracies. But despite globalization, global labor unions have been able to sign International Framework Agreements (“IFAs”) with more than 110 multinational corporations that cover about 9 million workers, excluding contractors and suppliers. IFAs are agreements signed by multi-national firms and global labor unions. Global labor unions are labor organizations composed of national-level labor organizations. All IFAs must submit to the core labor standards of the International Labor Organization (“ILO”), to wit, freedom of association and the effective recognition of the right to collective bargaining, elimination of all forms …
Adjudicating Trips For Development, 2013 University of Connecticut
Social Assistance For Immigrants And Refugees In Denmark: A Judgment And A Prophecy, 2013 Lund University
Social Assistance For Immigrants And Refugees In Denmark: A Judgment And A Prophecy, Ida Elisabeth Koch
Ida Elisabeth Koch
No abstract provided.
The Life And Times Of Targeted Killing, 2013 Faculty of Law, Lund University
The Life And Times Of Targeted Killing, Markus Gunneflo
Markus Gunneflo
Against the background of the ongoing shift in the perception of the legality and legitimacy of extraterritorial lethal force in counterterrorism, my doctoral thesis analyses the emergence of so-called “targeted killing” in the history of Israel and the US, as well as in international law. It finds that the relationship between targeted killing and law, particularly international law, is not a straightforward case of more or less determinate and legally binding norms being applied to state measures adopted in situations of insecurity (in this case, those of the second Intifada and 9/11) but rather one of a much longer and …
The European Convention On Human Rights And The Protection Of Socio-Economic Demands, 2013 Lund University
The European Convention On Human Rights And The Protection Of Socio-Economic Demands, Ida Elisabeth Koch
Ida Elisabeth Koch
No abstract provided.
Managing Construction Conflict: Unfinished Revolution, Continuing Evolution, 2013 Pepperdine University
Managing Construction Conflict: Unfinished Revolution, Continuing Evolution, Thomas Stipanowich
Thomas J. Stipanowich
Two decades ago many believed we were experiencing a “Quiet Revolution” in the way conflict was managed, and nowhere was this more true than in the construction sector. Frustration with the costs, delays, risks and limitations of lawyer-driven adjudication prompted growing attention to informal methods aimed at early resolution of disputes, with those who “owned” the dispute back in the driver’s seat. A smorgasbord of options for preventing, managing and resolving conflict was suddenly on the table. There were strategies aimed at the very roots of conflict, including contractual terms aimed at promoting collaboration and reducing the chance of serious …
International Economic Cooperation As A Social Phenomenon: A Reply To Posner & Sykes, 2013 Illinois Institute of Technology
International Economic Cooperation As A Social Phenomenon: A Reply To Posner & Sykes, Sungjoon Cho
Sungjoon Cho
No abstract provided.
Anticipating The Storm: Predicting And Preventing Global Technology Conflicts, 2013 Rutgers University Law School, Newark
Anticipating The Storm: Predicting And Preventing Global Technology Conflicts, Sabrina Safrin
Sabrina Safrin
This article helps lay the foundation for a new field of international law — International Law and Technology — and opens novel avenues of inquiry in law and technology and intellectual property more broadly. It analyzes as a starting point why some technologies generate global conflicts while others do not. Technologies that face international resistance can trigger a barrage of international legal responses, ranging from trade bans and WTO disputes to international regulatory regimes and barriers to patenting. Agricultural biotechnology triggered all of these legal flashpoints, while the cellphone, a technology that grew up alongside it, triggered none. Why?
Understanding …
An International Organization's Identity Crisis, 2013 Illinois Institute of Technology
An International Organization's Identity Crisis, Sungjoon Cho
Sungjoon Cho
No abstract provided.
How The World Trade Community Operates: Norms And Discourse, 2013 Illinois Institute of Technology
How The World Trade Community Operates: Norms And Discourse, Sungjoon Cho
Sungjoon Cho
No abstract provided.
Procedural Due Process: The Distinctions Between America And Abroad, 2013 Nova Southeastern University School of Law, ILSA Law Journal
Procedural Due Process: The Distinctions Between America And Abroad, Ronald Smith
Ronald R Smith
Trademark Protection And Territoriality: Challenges In The Global Economy, 2013 Chicago-Kent College of Law
Trademark Protection And Territoriality: Challenges In The Global Economy, Edward Lee
Edward Lee
No abstract provided.
Sovereign Immunity And Sovereign Debt, 2013 University of North Carolina, Chapel Hill
Sovereign Immunity And Sovereign Debt, W. Mark C. Weidemaier
W. Mark C. Weidemaier
To Boldly Go: International Space Law And The Expansion Of Res Communis Doctrine, 2013 Yale Law School
To Boldly Go: International Space Law And The Expansion Of Res Communis Doctrine, John Ehrett
John Ehrett
International space law, while a relatively recent development in legal history, has far-reaching implications for the traditional conception of national sovereignty. Specifically,the doctrine of res communis - if imprudently incorporated into the broader body of international law - poses a new set of sovereignty challenges on both international and domestic levels. This article explores the history and sources of international space law before proceeding to analysis of the sovereignty questions currently facing world policymakers. The author finds that multilateral agreements conducted on an ad hoc basis are likely to offer a better approach to natural resource management than the broad …
Western Universalism And African Homosexualities, 2013 University of Arkansas at Little Rock
Western Universalism And African Homosexualities, Nicholas Kahn-Fogel
Nicholas Kahn-Fogel
This article draws on original historical research, queer theory, communitarian philosophy, and an array of anthropological sources to suggest that efforts by Western liberals to protect practitioners of same-sex intimate conduct in Africa may be relatively unsuccessful and could further endanger the intended beneficiaries of advocacy. In recent years, Western human rights activists, scholars, and politicians have worked to advance homosexual rights in Africa. Understandably, they have tended to frame their arguments in liberal, universalist terms. Given successful reliance on liberal values of equality and autonomy to enhance the status of homosexuals in the West, this approach is intuitive. Liberal …
Fcts's Cop6 Meeting And Its Implications For Tobacco Control Polices, 2013 Institute of Law Studies, Polish Academy of Sciences
Fcts's Cop6 Meeting And Its Implications For Tobacco Control Polices, Lukasz A. Gruszczynski
Lukasz A Gruszczynski
Environmental Sustainability Criteria In The Coffee Sector – Lessons That Can Be Learnt, 2013 Law Faculty, University of Lund
Environmental Sustainability Criteria In The Coffee Sector – Lessons That Can Be Learnt, Evgenia Pavlovskaia
Evgenia Pavlovskaia
In the article, the issue of environmental sustainability criteria in the coffee sector is researched. Such important aspects in this topic are highlighted and discussed as reasons for the emergence of sustainability criteria for coffee and factors that make the production of coffee sustainable. Two widely used sustainability standards for coffee, the Fair Trade Coffee sustainability standard and the Utz Certified Coffee sustainability standard, are investigated more precisely. The environmental requirements of these standards in the form of environmental sustainability criteria, and mechanisms to control their fulfilment are outlined. The issue of control is separately highlighted, because it is considered …
Children, Armed Conflict, And Genocide: Applying The Law Of Genocide To The Recruitment And Use Of Children In Armed Conflict, 2013 University of Aberdeen
Children, Armed Conflict, And Genocide: Applying The Law Of Genocide To The Recruitment And Use Of Children In Armed Conflict, Jeffery R. Ray
Jeffery R Ray
This paper shows that the use of child soldiers in armed conflict has the potential to be considered as genocide. A brief background of genocide is presented prior to the analysis. Part I, of the analysis, will discuss three issues: First, the modern understanding of genocide and the substantive areas of law that govern it; Second, the definition of ‘child’ within the international arena as it relates to child soldering; Third, a discussion to determine if children can constitute a ‘group’ in the context of the law of genocide. Part II provides a discussion elaborating on Part I then analyzing …