We Don't Need To See Them Cry: Eliminating The Subjective Apprehension Element Of The Well-Founded Fear Analysis For Child Refugee Applicants,
2012
Pepperdine University
We Don't Need To See Them Cry: Eliminating The Subjective Apprehension Element Of The Well-Founded Fear Analysis For Child Refugee Applicants, Bridgette A. Carr
Pepperdine Law Review
This article addresses a barrier to effective protection faced by child refugee applicants. Currently all refugee applicants, including infants, are required to satisfy two elements of well-founded fear. All applicants must prove that they face an objective risk of persecution and that they subjectively fear this risk. But children often cannot exhibit the subject apprehension element of the test. As a result, UNHCR, and the U.S and Canadian governments issued guidelines that encourage decision makers to accept other evidence to prove a child's subjective apprehension when the child is unable to exhibit fear. However, this approach does not go far …
The Sosa Standard: What Does It Mean For Future Ats Litigation?,
2012
Pepperdine University
The Sosa Standard: What Does It Mean For Future Ats Litigation?, Virginia Monken Gomez
Pepperdine Law Review
No abstract provided.
The Third Party Non-Signatory's Ability To Compel International Commercial Arbitration: Doing Justice Without Destroying Consent ,
2012
Pepperdine University
The Third Party Non-Signatory's Ability To Compel International Commercial Arbitration: Doing Justice Without Destroying Consent , James M. Hosking
Pepperdine Dispute Resolution Law Journal
This article analyzes the legal theories and other mechanisms employed in international commercial arbitration to achieve a workable compromise among the above-cited propositions. In so doing it touches on larger, more complex questions like the position of third parties in contract law, the jurisdictional foundations of arbitration, and the role of choice-of-law issues in determining the validity of the arbitration agreement. However important these broader concerns may be, they should not undermine the importance of the issue in its own right.
First The Context, Later The Challenge: Commercial Mediators Interface With The Volatile International Sector,
2012
Pepperdine University
First The Context, Later The Challenge: Commercial Mediators Interface With The Volatile International Sector, William F. Lincoln
Pepperdine Dispute Resolution Law Journal
Unless we talk of international commerce, the two respective sectors in which you and I each work appear to be very separate arenas that lack any commonality. But, if we permit, a common bond indeed yearns to be acknowledged and cultivated: You and I have willingly accepted the honorable mantle as stewards of integrity, competency, and credibility of the mediation process and the profession itself. Mediation - a process which is neither pure nor scientific; a process complete with bastardizations such as mandatory mediation provisions as well as creative variations including partnering and med-arb models; a process which we regard …
A Civil Matter For A Common Expert: How Should Parties And Tribunals Use Experts In International Commercial Arbitration?,
2012
Pepperdine University
A Civil Matter For A Common Expert: How Should Parties And Tribunals Use Experts In International Commercial Arbitration?, Ruth Fenton
Pepperdine Dispute Resolution Law Journal
How should parties and tribunals use experts in international commercial arbitration? Are the common and civil law traditions blurred or blended, or should there be specific practices for international arbitration? To answer these questions, it is necessary to look at the common and civil law approaches to the use of experts in international commercial arbitration. This article will look at circumstances that may require an expert and arbitration laws and rules that assist parties and arbitrators in appointing an appropriate expert. The article highlights and discusses differences and similarities between civil and common law traditions and draws a conclusion as …
Goading A Reluctant Dinosaur: Mutual Recognition Agreements As A Policy Response To The Misappropriation Of Foreign Traditional Knowledge In The United States,
2012
Pepperdine University
Goading A Reluctant Dinosaur: Mutual Recognition Agreements As A Policy Response To The Misappropriation Of Foreign Traditional Knowledge In The United States, Paul Kuruk
Pepperdine Law Review
No abstract provided.
Dual Lenses: Using Theology And International Human Rights To Assess China's 2005 Regulations On Religion,
2012
Pepperdine University
Dual Lenses: Using Theology And International Human Rights To Assess China's 2005 Regulations On Religion, Joel A. Nichols
Pepperdine Law Review
In order for China to move forward in the international community, it needs to continue to improve its standing on human rights issues. Of particular concern to many observers is the relationship between the government and religion. While foreign religious organizations and missionaries are still heavily regulated by a 1994 law, a new law respecting religious citizens and organizations within China went into effect in 2005. This new law is salutary in some respects in that it provides a much fuller delineation of the relationship between government and religion within China, and it appears more solicitous toward religious rights than …
European Union Security Landscape Post-9/11: Necessary Protection Or Unjustified Expansion Of A Security Regime?,
2012
Georgia Institute of Technology
European Union Security Landscape Post-9/11: Necessary Protection Or Unjustified Expansion Of A Security Regime?, Colby Mangels
Claremont-UC Undergraduate Research Conference on the European Union
No abstract provided.
Divided Responsibility: Nato, The European Union, And European Defense After Cold War,
2012
Pitzer College
Divided Responsibility: Nato, The European Union, And European Defense After Cold War, Samuel Jubelirer
Claremont-UC Undergraduate Research Conference on the European Union
No abstract provided.
Nato Expansion During The Cold War And After,
2012
Claremont McKenna College
Nato Expansion During The Cold War And After, Evan Jaroff
Claremont-UC Undergraduate Research Conference on the European Union
No abstract provided.
Nato's Role In The Global War On Terror: Is The Alliance Obsolete?,
2012
Claremont McKenna College
Nato's Role In The Global War On Terror: Is The Alliance Obsolete?, Benjamin Forster
Claremont-UC Undergraduate Research Conference on the European Union
No abstract provided.
For Whom The Little Bells Toll: Recent Judgments By International Tribunals On The Legality Of Cluster Munitions,
2012
Pepperdine University
For Whom The Little Bells Toll: Recent Judgments By International Tribunals On The Legality Of Cluster Munitions, Virgil Wiebe
Pepperdine Law Review
"Little bells" refer to cluster bomblets in Serbo-Croatian. Two international tribunals recently have found defendants liable for civilian deaths caused by cluster munitions. These decisions may herald a turning point in the regulation of these weapons. In 2004, the Eritrea-Ethiopia Claims Commission held Eritrea liable for civilians killed in cluster munition strikes on Mekele, Ethiopia. On June 12, 2007, the International Criminal Tribunal for the Former Yugoslavia held the former president of the now defunct Serbian Republic of Krajina criminally liable for deaths and injuries resulting from cluster munition rocket attacks on Zagreb. Cluster bombs came back onto the world …
Mexico And The Settlement Of Investment Disputes: Icsid As The Recommended Option,
2012
Pepperdine University
Mexico And The Settlement Of Investment Disputes: Icsid As The Recommended Option, Bernardo Sepúlveda
Pepperdine Dispute Resolution Law Journal
The changes that have taken place in arbitration conditions, the greater fairness in the arbitration process, and the increasingly stringent qualifications to be met by arbitrators, as well as contemporary economic realities, have been instrumental in causing Mexico's about-face on its approach to arbitration. Although in certain quarters doubts remain in Mexico as to the advantages of international arbitration, it would be ill advised to ignore a legal and political reality. In signing treaties that include an arbitration clause, Mexico has assumed rights and obligations. Politically speaking, a border has already been crossed. In the face of this indisputable fact, …
Planning For International Disputes (And What Makes Them Distinctive),
2012
Pepperdine University
Planning For International Disputes (And What Makes Them Distinctive), Jack J. Coe Jr.
Pepperdine Dispute Resolution Law Journal
Interactive speech given at the Conflict Management Culture seminar, hosted by Pepperdine's Straus Institute for Dispute Resolution.
Bride-Burning: The "Elephant In The Room" Is Out Of Control ,
2012
Pepperdine University
Bride-Burning: The "Elephant In The Room" Is Out Of Control , Avnita Lakhani
Pepperdine Dispute Resolution Law Journal
This article is an attempt to answer the question of why the practice of bride-burning continues and propose alternative ways to not only look at the problem, but also to define workable solutions. It is only via a thorough conflict analysis of this complex issue that the world might rein in a problem that is clearly out of control in this day and age. Section II examines the origins of bride-burning, its continued practice, and societal ramifications. Section III analyzes some of the current and proposed efforts in place for banning bride-burning and punishing those who illegally engage in this …
The Gacaca Experiment: Rwanda's Restorative Dispute Resolution Response To The 1994 Genocide,
2012
Pepperdine University
The Gacaca Experiment: Rwanda's Restorative Dispute Resolution Response To The 1994 Genocide, Jessica Raper
Pepperdine Dispute Resolution Law Journal
Since its rise to power in July of 1994, the Rwandan government has been committed to prosecuting all those accused of genocide. To prosecute the approximately 130,000 defendants, Rwanda has adopted a program called gacaca, based on Rwanda's traditional customary dispute resolution system. The gacaca law provides a reconciliation component that allows defendants to trade confessions of past genocide crimes for indemnification, as well as a prosecution component that holds the most serious offenders accountable in a Western style prosecution in a formal court of law. One of the main goals of gacaca is to end the so-called "culture …
Negotiation And Settlement In Nagorno-Karabak: Maintaining Territorial Integrity Or Promoting Self-Determination? ,
2012
Pepperdine University
Negotiation And Settlement In Nagorno-Karabak: Maintaining Territorial Integrity Or Promoting Self-Determination? , Argam Derhartunian
Pepperdine Dispute Resolution Law Journal
The little-known region of Nagorno-Karabakh, known to Armenians as Artsakh, has been no stranger to conflict. This land, nestled in the historic "Armenian Plateau," has been ruled by many different dynasties and seen the faces of many different ethnicities and cultures. Today, both Armenians and Azeris claim an absolute historic right to Nagorno-Karabakh, periodically fighting over the region. Although the intense fighting ended in 1994, negotiation efforts regarding the territory of Nagorno-Karabakh remain stalemated. This has caused the leaders of Karabakh to declare the region an independent republic, although no state, including Armenia, has recognized this status. This article will …
International Arbitral Appeals: What Are We So Afraid Of? ,
2012
Pepperdine University
International Arbitral Appeals: What Are We So Afraid Of? , Erin E. Gleason
Pepperdine Dispute Resolution Law Journal
This article will explore the advantages of instituting appellate mechanisms in investor-state disputes and international commercial arbitration. Part II begins with a review of the WTO Appellate Body's development and workings, followed by an analysis of other appellate procedures for international trade law arbitration, including the MERCOSUR system's Permanent Court and the Grain and Feed Trade Association's appeals process. Part III examines the current methods for reviewing investor-state arbitration awards under ICSID and NAFTA. Part III goes on to advocate for the creation of an Appeals Facility, separate from current arbitral institutions, which would be empowered to hear appeals in …
Who Killed The Friendly Settlement? The Decline Of Negotiated Resolutions At The European Court Of Human Rights ,
2012
Pepperdine University
Who Killed The Friendly Settlement? The Decline Of Negotiated Resolutions At The European Court Of Human Rights , Gregory S. Weber
Pepperdine Dispute Resolution Law Journal
The "Friendly Settlement"--the negotiated settlement of cases at the European Court of Human Rights--is on the decline. The Friendly Settlement's decline will likely provoke mixed sentiments in the international human rights camp. Some may applaud the development, including those who believe that only judgments by the Court are likely to chastise member states sufficiently and to announce standards of conduct for other states to follow. But others may shed more than a few mournful tears. An active settlement program can help reduce the Court's huge case backlog and give complaining parties a faster, and often more generous, measure of resolution …
Honolulu: Geneva Of The Pacific?,
2012
Pepperdine University
Honolulu: Geneva Of The Pacific?, Robert K. Wrede
Pepperdine Dispute Resolution Law Journal
Simply stated, this paper proposes revitalization of a long dormant Hawaiian legislative plan to create a state-of-the-art facility in the Aloha State specializing in avoiding, managing and resolving international commercial conflicts using methods other than traditional litigation. The paper's premise is that a mid-Pacific facility specializing in the use of non-litigation methods for dealing with Pacific Rim transnational commercial disputes would both enhance Pacific Rim commerce, in general, and posture Hawaii as a major player in that valuable and rapidly growing sector of global affairs.
