The Two Faces Of Bribery: International Corruption Pathways Meet Conflicting Legislative Regimes,
2014
Temple University
The Two Faces Of Bribery: International Corruption Pathways Meet Conflicting Legislative Regimes, Jeffrey R. Boles
Michigan Journal of International Law
Suppose a government agency tasks its purchasing agent with buying a set of computer servers for the agency’s use, and the agent contacts a technology company to make the purchase. After selecting the needed servers, the agent learns of the servers’ fair market value but does not negotiate with the technology company to obtain the lowest possible price. Instead, unbeknownst to the government, the agent agrees with the technology company’s sales manager to purchase the servers on behalf of the government for an amount significantly above their fair market value, and, in return, the company agrees to give the agent …
Leveraging Mining Demand For Internet And Telecommunications Infrastructure For Broad Economic Development: Models, Opportunities And Challenges,
2014
Columbia Law School, Columbia Center on Sustainable Investment
Leveraging Mining Demand For Internet And Telecommunications Infrastructure For Broad Economic Development: Models, Opportunities And Challenges, Perrine Toledano, Clara Roorda
Columbia Center on Sustainable Investment Staff Publications
The initial phase of the Leveraging Mining-Related Infrastructure Investments for Development project consisted of a worldwide survey of regulatory, commercial and operating case studies of shared use of mining-related infrastructure. This Policy Paper delivers the findings for internet and telecommunications.
The Bond Court's Institutional Truce,
2014
University of Michigan Law School
The Bond Court's Institutional Truce, Monica Hakimi
Articles
As many readers are aware, Bond v. United States is a quirky case. The federal government prosecuted under the implementing legislation for the Chemical Weapons Convention (CWC) a betrayed wife who used chemical agents to try to harm her husband’s lover. The wife argued that, as applied to her, the implementing legislation violated the Tenth Amendment. She thus raised difficult questions about the scope of the treaty power and of Congress’s authority to implement treaties through the Necessary and Proper Clause. The Bond Court avoided those questions with a clear statement rule: “we can insist on a clear indication that …
The Great Power Origins Of Human Rights,
2014
University of Michigan Law School
The Great Power Origins Of Human Rights, Seth Mohney
Michigan Journal of International Law
For years, historians depicted the history of human rights as the inexorable triumph of universal norms. This account underestimates both the historical and contemporary uncertainty surrounding many international human rights. As even casual observers must note, the tale of human rights progress is not littered with beneficent heads of state persuaded to pursue progress by the moral charge of universal norms. Instead, this history’s primary scenes feature struggles among great powers, peoples, and movements advancing diverse interests. Recognizing the complexity of human rights history, a new generation of historians has emphasized that human rights progress is not preordained, but rather …
Water In The 21st Century,
2014
California Polytechnic State University - San Luis Obispo
Water In The 21st Century, Grayson Michael Shor
Social Sciences
The aim of this research project is to provide a comprehensive and global analysis of water use in order to provide the reader with a comprehensive grasp of current and impending issues. The included five (5) chapters discuss water distribution, conservation, purification, law, international development, economic debates, ethical consideration, as well as educated estimations of the effects water related issues may cause in the next one-hundred years.
Bearing Witness At The International Criminal Court: An Interview Survey Of 109 Witnesses,
2014
University of California - Berkeley
Bearing Witness At The International Criminal Court: An Interview Survey Of 109 Witnesses, Stephen Cody, Alexa Koenig, Eric Stover, Robin Mejia
Suffolk University Law School Faculty Works
This report presents findings from the first interview survey of witnesses who have appeared before the ICC. The survey examined the opinions and attitudes of 109 individuals — ranging from victims to expert witnesses — who testified in the ICC’s first two trials against Thomas Lubanga Dyilo and Germain Katanga.
The Legality And Implications Of Intentional Interference With Commercial Communication Satellite Signals,
2014
U.S. Naval War College
The Legality And Implications Of Intentional Interference With Commercial Communication Satellite Signals, Sarah M. Mountin
International Law Studies
Commercial communication satellite signals have become increasingly attractive targets for intentional interference by State and non-State actors. This article discusses the law applicable to satellite signal interference in peacetime, as well as during armed conflict. Specifically, the piece discusses the threshold at which intentional interference may constitute a use of force.
Administrative Deference To Liberalizing And Maintaining Free Trade: An Argument For Allowing The Department Of Commerce To Bestow Retroactively Calculated Remedies Upon Importers Under Section 129(C)(1) Of The Uruguay Round Agreements Act,
2014
University of Georgia School of Law
Administrative Deference To Liberalizing And Maintaining Free Trade: An Argument For Allowing The Department Of Commerce To Bestow Retroactively Calculated Remedies Upon Importers Under Section 129(C)(1) Of The Uruguay Round Agreements Act, Daniel J. Olds
Georgia Journal of International & Comparative Law
No abstract provided.
Breaking Nafta's Habits: The Pacific Rim Dispute And The Ongoing Challenge Of Fostering Environmental Protection In The Age Of Free Trade,
2014
University of Georgia School of Law
Breaking Nafta's Habits: The Pacific Rim Dispute And The Ongoing Challenge Of Fostering Environmental Protection In The Age Of Free Trade, Daniel J. Monahan
Georgia Journal of International & Comparative Law
No abstract provided.
Let Them Eat Carbon: The End Of The Kyoto Protocol,
2014
University of Georgia School of Law
Let Them Eat Carbon: The End Of The Kyoto Protocol, Aiten J. Musaeva Mcpherson
Georgia Journal of International & Comparative Law
No abstract provided.
Theories Of State Compliance With International Law: Assessing The African Union's Ability To Ensure State Compliance With The African Charter And Constitutive Act,
2014
New York Law School
Theories Of State Compliance With International Law: Assessing The African Union's Ability To Ensure State Compliance With The African Charter And Constitutive Act, Stacy-Ann Elvy
Georgia Journal of International & Comparative Law
No abstract provided.
The Superior Orders Defense: A Principal-Agent Analysis,
2014
Sacher Institute, Hebrew University Faculty of Law
The Superior Orders Defense: A Principal-Agent Analysis, Bohrer Ziv
Georgia Journal of International & Comparative Law
No abstract provided.
On The Link Between Conflict, Underdevelopment And The Pursuit Of Basic Needs Satisfaction: A Survey Of Haitian Construction Workers In The Dominican Republic,
2014
SIT Graduate Institute
On The Link Between Conflict, Underdevelopment And The Pursuit Of Basic Needs Satisfaction: A Survey Of Haitian Construction Workers In The Dominican Republic, Joseph W. Alliance
Capstone Collection
The purpose of this study was to explore how conflict and underdevelopment impact Haitian construction workers’ experiences and their basic human needs situation in the Dominican Republic. The Basic Human Needs Theory served as the main theoretical background to approach the topic. Qualitative data were gathered by employing a self- administered, one-time survey and conducting semi-structured interviews with 25 Haitian construction workers in sites located in the Distrito Nacional in the capital city, Santo Domingo and the Consuelo municipality in San Pedro de Macoris. Absence of work in Haiti for the very poor, systematic lack of access to social security, …
Intermediary Trademark Liability: A Comparative Lens,
2014
Boston Univeristy School of Law
Intermediary Trademark Liability: A Comparative Lens, Stacey Dogan
Shorter Faculty Works
Although we live in a global, interconnected world, legal scholarship – even scholarship about the Internet – often focuses on domestic law with little more than a nod to developments in other jurisdictions. That’s not necessarily a bad thing; after all, theoretically robust or historically thorough works can rarely achieve their goals while surveying the landscape across multiple countries with disparate traditions and laws. But as a student of U.S. law, I appreciate articles that explain how other legal systems are addressing issues that perplex or divide our scholars and courts. Given the tumult over intermediary liability in recent years, …
Proposal For An International Criminal Court Arrest Procedures Protocol,
2014
Northwestern Pritzker School of Law
Proposal For An International Criminal Court Arrest Procedures Protocol, David Scheffer
Northwestern Journal of Human Rights
No abstract provided.
Singapore: A 'Fine' City: British Colonial Sentencing Policies And Its Lasting Effects On The Singaporean Corporal State,
2014
Santa Clara Law
Singapore: A 'Fine' City: British Colonial Sentencing Policies And Its Lasting Effects On The Singaporean Corporal State, George Baylon Radics Ph.D., J.D.
Santa Clara Journal of International Law
No abstract provided.
Common Capital: A Thought Experiment In Cross-Border Resolution,
2014
Georgetown University Law Center
Common Capital: A Thought Experiment In Cross-Border Resolution, Anna Gelpern
Georgetown Law Faculty Publications and Other Works
Cross-border bank resolution efforts focus on burden-sharing between bank owners, private creditors and the public. There is little talk of burden-sharing among governments, despite the rich history of governments trying to stick one another with the cost of financial conglomerate failures. There is an unspoken fear that acknowledging the need to allocate losses among governments would undermine post-crisis pledges of No More Bailouts. This symposium essay argues for making government stakes in private financial firms more transparent, and for using the contingent public share as a key to loss allocation among governments in cross-border banking crises.
Aiding And Abetting: The Illegality Of Morocco's Nationalist Expansion Into Western Sahara And Their Support From The United States,
2014
University of San Francisco
Aiding And Abetting: The Illegality Of Morocco's Nationalist Expansion Into Western Sahara And Their Support From The United States, Rachid H. Yousfi
Master's Theses
This paper will address the illegality of Morocco’s nationalist annexation of Western Sahara and how the United States plays the accommodating role through the selling of arms, economic aid, and diplomatic support. Considered as Africa’s last colony, the Saharawi people have not experienced the basic human right to self-determination and the right for independence. These rights are continued to be withheld for the sake of Moroccan nationalism and their “rightful and ethnic” claims to the territory, disregarding the International Court of Justice (ICJ)’s advisory opinion ruling in favor of Saharawi self-determination. It explores the chronology of the Saharawi population from …
Modern Maritime Neutrality Law,
2014
U.S. Naval War College
Modern Maritime Neutrality Law, James Farrant
International Law Studies
This article is a fundamental reappraisal of the rules of maritime neutrality, including blockade, contraband and maritime zones. It is one of the most comprehensive reassessments of this area of the law since R. W. Tucker's seminal work in this publication in 1955. As well as defining and stating the rules of maritime neutrality, the piece offers recommendations for future development of the law which drafters of State law of armed conflict manuals may wish to consider.
Beyond "De-Nile" - The United Nations' Genocide Problem In Darfur,
2014
Touro University Jacob D. Fuchsberg Law Center
Beyond "De-Nile" - The United Nations' Genocide Problem In Darfur, William Reisinger
Touro Law Review
No abstract provided.
