An Analysis Of China’S Human Rights Policies In Tibet: China’S Compliance With The Mandates Of International Law Regarding Civil And Political Rights,
2011
Touro Law Center
An Analysis Of China’S Human Rights Policies In Tibet: China’S Compliance With The Mandates Of International Law Regarding Civil And Political Rights, Richard Klein
Scholarly Works
No abstract provided.
Efficient Contracting Between Foreign Investors And Host States: Evidence From Stabilization Clauses,
2011
University of Tulsa College of Law
Efficient Contracting Between Foreign Investors And Host States: Evidence From Stabilization Clauses, Sam Halabi
Articles, Chapters in Books and Other Contributions to Scholarly Works
Bilateral investment treaties are agreements between sovereign states that give broad protections to investors and investments made within the jurisdiction of the other state. The prevailing view in the academy and practice is that developing countries sign bilateral investment treaties in order to reassure investors from developed states that their investments will be safe from changes in domestic law. Without these "credible commitments," investors would be deterred from making investments, depriving developing countries of foreign capital. This Article disputes that view by demonstrating that foreign investors and host states effectively contract around the risk of changes in the law. This …
The Limits Of Wto Adjudication: Is Compliance The Problem?,
2011
Case Western Reserve University School of Law
The Limits Of Wto Adjudication: Is Compliance The Problem?, Juscelino F. Colares
Faculty Publications
Mainstream international trade law scholars have commented positively on the work of World Trade Organization (WTO) adjudicators. This favorable view is both echoed and challenged by empirical scholarship that shows a high disparity between Complainant and Respondent success rates (Complainants win between 8 and 9 percent of the disputes). Regardless of how one interprets these results, mainstream theorists, especially legalists, believe more is to be done to strengthen the system, and they point to instances of member recalcitrance to implement rulings as a serious problem. This article posits that such attempts to strengthen compliance are ill-advised. After discussing prior empirical …
H Is For Harmonization: The Google Book Search Settlement And Orphan Works Legislation In The European Union,
2011
St. John’s University School of Law
H Is For Harmonization: The Google Book Search Settlement And Orphan Works Legislation In The European Union, Katharina De La Durantaye
NYLS Law Review
No abstract provided.
Continued Doj Oversight Of The Google Book Search Settlement: Defending Our Public Values And Protecting Competition,
2011
Yale Law School
Continued Doj Oversight Of The Google Book Search Settlement: Defending Our Public Values And Protecting Competition, Christopher A. Suarez
NYLS Law Review
No abstract provided.
Seeking The Better Interests Of Children With A New International Law Of Adoption,
2011
South Texas College of Law
Seeking The Better Interests Of Children With A New International Law Of Adoption, Richard Carlson
NYLS Law Review
No abstract provided.
Permanency Is Not Enough: Children Need The Nurturing Parents Found In International Adoption,
2011
Harvard Law School
Permanency Is Not Enough: Children Need The Nurturing Parents Found In International Adoption, Elizabeth Bartholet
NYLS Law Review
No abstract provided.
Reflections On The Special Humanitarian Parole Program For Haitian Orphans,
2011
New York Law School
Reflections On The Special Humanitarian Parole Program For Haitian Orphans, Whitney A. Reitz
NYLS Law Review
No abstract provided.
Ghana's Human Trafficking Act: Successes And Shortcomings In Six Years Of Implementation,
2011
American University Washington College of Law
Ghana's Human Trafficking Act: Successes And Shortcomings In Six Years Of Implementation, Manda Sertich, Marijn Heemskerk
Human Rights Brief
No abstract provided.
Mental Torture: A Critique Of Erasures In U.S. Law,
2011
Georgetown University Law Center
Mental Torture: A Critique Of Erasures In U.S. Law, David Luban, Henry Shue
Georgetown Law Faculty Publications and Other Works
Both international and federal law criminalize mental torture as well as physical torture, and both agree that “severe mental pain or suffering” defines mental torture. However, U.S. law provides a confused and convoluted definition of severe mental pain or suffering—one that falsifies the very concept and makes mental torture nearly impossible to prosecute or repress. Our principal aim is to expose the fallacies that underlie the U.S. definition of mental torture: first, a materialist bias that the physical is more real than the mental; second, a substitution trick that defines mental pain or suffering through a narrow set of causes …
Risk Taking And Force Protection,
2011
Georgetown University Law Center
Risk Taking And Force Protection, David Luban
Georgetown Law Faculty Publications and Other Works
This paper addresses two questions about the morality of warfare: (1) how much risk must soldiers take to minimize unintended civilian casualties caused by their own actions (“collateral damage”), and (2) whether it is the same for the enemy's civilians as for one's own.
The questions take on special importance in warfare where one side is able to attack the other side from a safe distance, but at the cost of civilian lives, while safeguarding civilians may require soldiers to take precautions that expose them to greater risk. In a well-known article, Asa Kasher and Amos Yadlin argue that while …
The Advance Democracy Act And The Future Of United States Democracy Promotion Efforts,
2011
Georgetown University Law Center
The Advance Democracy Act And The Future Of United States Democracy Promotion Efforts, Patrick J. Glen
Georgetown Law Faculty Publications and Other Works
This article addresses whether and to what extent the Obama administration should continue the Bush administration policies relating to democracy promotion. The focus of the article is on the ADVANCE Act of 2007, a legislative enactment that institutionalized democracy promotion in the State Department. After explicating the key provisions of this Act, as well as their implementation status, the article addresses key critiques leveled at democracy promotion, as well as areas where the Obama administration can expand on what has been accomplished thus far in this field. In the end, democracy promotion should continue to be an integral component of …
The Who Global Code Of Practice On The International Recruitment Of Health Personnel: The Evolution Of Global Health Diplomacy,
2011
Georgetown University Law Center
The Who Global Code Of Practice On The International Recruitment Of Health Personnel: The Evolution Of Global Health Diplomacy, Allyn L. Taylor, Ibadat S. Dhillon
Georgetown Law Faculty Publications and Other Works
The May 2010 adoption of the World Health Organization Global Code of Practice on the International Recruitment of Health Personnel created a global architecture, including ethical norms and institutional and legal arrangements, to guide international cooperation and serve as a platform for continuing dialogue on the critical problem of health worker migration. Highlighting the contribution of non-binding instruments to global health governance, this article describes the Code negotiation process from its early stages to the formal adoption of the final text of the Code. Detailed are the vigorous negotiations amongst key stakeholders, including the active role of non-governmental organizations. The …
Democracy Promotion In The Obama Administration: An Opportunity To Match Action To Rhetoric,
2011
Georgetown University Law Center
Democracy Promotion In The Obama Administration: An Opportunity To Match Action To Rhetoric, Patrick J. Glen
Georgetown Law Faculty Publications and Other Works
This article addresses whether and to what extent the Obama administration should continue the Bush administration policies relating to democracy promotion. The focus of the article is on the ADVANCE Act of 2007, a legislative enactment that institutionalized democracy promotion in the State Department. After explicating the key provisions of this Act, as well as their implementation status, the article addresses key critiques leveled at democracy promotion, as well as areas where the Obama administration can expand on what has been accomplished thus far in this field. In the end, democracy promotion should continue to be an integral component of …
Ethical Allocation Of Preexposure Hiv Prophylaxis,
2011
Georgetown University Law Center
Ethical Allocation Of Preexposure Hiv Prophylaxis, Lawrence O. Gostin, Susan C. Kim
Georgetown Law Faculty Publications and Other Works
Civil society-led movements transformed global AIDS action from deep skepticism about extending anti-retroviral (ARV) treatment in low and middle-income countries to an historic scaling up of treatment towards universal access. The AIDS movement, however, is at an inflection point due to the interplay of key health and economic determinants—the global financial downturn, tight foreign aid budgets, and intense resource competition. Policy makers will now have to consider implementation of a new intervention—pre-exposure prophylaxis (PrEP), which could mean a diversion of ARVs from treatment to prevention. The principle underlying PrEP is that ARVs could prevent HIV infection among people who are …
Hannah Arendt As A Theorist Of International Criminal Law,
2011
Georgetown University Law Center
Hannah Arendt As A Theorist Of International Criminal Law, David Luban
Georgetown Law Faculty Publications and Other Works
This paper examines Hannah Arendt's contributions as a theorist of international criminal law. It draws mostly on Eichmann in Jerusalem, particularly its epilogue, but also on Arendt's correspondence, her writings from the 1940s on Jewish politics, and portions of The Human Condition and her essays. The paper focuses on four issues: (1) Arendt's conception of international crimes as universal offenses against humanity, and the implications she draws for theories of criminal jurisdiction; (2) her "performative" theory of group identity as acts of political affiliation and disaffiliation, from which follows a radically different account of the crime of genocide than …
The Extraterritorial Reach Of Section 10(B): Revisiting Morrison In Light Of Dodd-Frank,
2011
Fordham Law School
The Extraterritorial Reach Of Section 10(B): Revisiting Morrison In Light Of Dodd-Frank, Kara Baquizal
Fordham International Law Journal
This Note argues that the conduct-and-effects test set out in Dodd-Frank should not extend to private rights of action under § 10(b) of the Exchange Act. Part I discusses three principle ideas key to understanding US securities law and its extraterritorial application: the framework of US regulations surrounding securities fraud; the availability of a private right of action in the United States and how it compares with the regulatory regimes of other countries; and the presumption against extraterritoriality in American law. Part II explains the conflicting tests that currently exist in American jurisprudence regarding the extraterritorial reach of § 10(b): …
Casting A Cold Eye On The Origins And Development Of An All-Island Charter Of Rights,
2011
Fordham Law School
Casting A Cold Eye On The Origins And Development Of An All-Island Charter Of Rights, Suzanne Egan, Rachel Murray
Fordham International Law Journal
One of the most striking outcomes of the Good Friday/Belfast Agreement ("Agreement") was the extent to which the establishment of human rights institutions and mechanisms was brought center-stage into the shaping of the political settlement. The dynamic talks process that led to the signing of the Agreement resulted in an extensive range of obligations in regard to human rights on the part of the Irish and British governments, many of which were implemented very soon afterwards. Paragraph 10 of the "Rights, Safeguards and Equality of Opportunity" section of the Agreement makes mention of a trans-jurisdictional human rights initiative that would …
Criteria Developed By The European Court Of Human Rights On The Dissolution Of Political Parties,
2011
Fordham Law School
Criteria Developed By The European Court Of Human Rights On The Dissolution Of Political Parties, Olgun Akbulut
Fordham International Law Journal
While there seems to be a consensus that political parties remain the sine qua non of western democracies, the question of under which conditions political parties could be dissolved has also been gaining significance in European human rights law since the 1990s. An overall assessment of the cases decided by the European Court of Human Rights ("ECtHR") and domestic courts of the member of the Council of Europe suggests there are three categories of political parties faced with the prospect of dissolution. Part I of this Article describes the first category, the political parties that have criticized state policies on …
Introduction: A Tribute To Jean-Claude Piris, Director-General Of The Legal Service Of The Council Of The European Union,
2011
Fordham Law School
Introduction: A Tribute To Jean-Claude Piris, Director-General Of The Legal Service Of The Council Of The European Union, Roger J. Goebel
Fordham International Law Journal
On the occasion of his retirement, the Fordham International Law Journal is dedicating this issue on topics concerning European Union law to Jean-Claude Piris, who brilliantly served as Director-General of the Legal Service of the Council for the last twenty-three years. The Legal Service, currently composed of around 120 lawyers, not only provides legal advice to the Council itself and all of its supporting committees and staff, but also reviews all draft legislation and other legal acts of the European Union and represents the Council in proceedings before the Court of Justice of the European Union.
