Making European Tort Law: The Game And Its Players,
2010
University of Trieste, Italy
Making European Tort Law: The Game And Its Players, Marta Infantino
Cardozo Journal of International and Comparative Law
In the last several decades, building a common European tort law has become a primary goal for many European institutions and research groups. On the one hand, EU institutions frequently highlight the need to simplify the current diversity in European tort law, and try to achieve this goal by injecting-so far quite incoherent-pieces of legislation into the European legal framework. On the other hand, many research groups aim to enhance the Europanization process through means that are much differentiated one to the other. Some of these groups (e.g., the European Group on Tort Law and the Study Group on a …
Enforcing Idealism: The Implementation Of Complementary International Protection In Canadian Refugee Law,
2010
Schulich School of Law, Dalhousie University
Enforcing Idealism: The Implementation Of Complementary International Protection In Canadian Refugee Law, Zofia Przybytkowski
LLM Theses
This thesis evaluates Canadas compliance with human rights-based complementary international protection. Through an analysis of the roots of international refugee protection, it first links the evolution of the latter with the development of human rights law instruments. It then defines complementary protection as the corpus of legal bases for asylum claims outside of the Convention Relating to the Status of Refugees. It uses various human rights instruments to outline international protection obligations, which take three different forms of complementary protection. The first one consists in independent protection mechanisms outside of the Refugee Convention, the most important being the formulation of …
Allocation Of Fishing Opportunities In Regional Fisheries Management Organizations: A Legal Analysis In The Light Of Equity,
2010
Schulich School of Law, Dalhousie University
Allocation Of Fishing Opportunities In Regional Fisheries Management Organizations: A Legal Analysis In The Light Of Equity, Maria Cecilia Engler Palma
LLM Theses
The allocation of fishing opportunities is one of the most difficult challenges for high seas fisheries management. There is an ongoing search for equitable and transparent allocation frameworks. This thesis explores whether, under what conditions, and with what shortcomings, a legal concept of equity can provide assistance in the development of such a framework. To this end, it reviews the historical origins of allocation of quotas in international fisheries, and summarizes the current global and regional legal frameworks for allocation and regional practices. It then analyzes whether intergenerational and intra-generational equity is considered in the international legal framework for high …
The Ivory Tower At Ground Zero: Conflict And Convergence In Legal Education's Responses To Terrorism,
2010
Roger Williams University School of Law
The Ivory Tower At Ground Zero: Conflict And Convergence In Legal Education's Responses To Terrorism, Peter Margulies
Law Faculty Scholarship
No abstract provided.
Sovereignty, Integration And Tax Avoidance In The European Union: Striking The Proper Balance,
2010
Georgetown University Law Center
Sovereignty, Integration And Tax Avoidance In The European Union: Striking The Proper Balance, Lilian V. Faulhaber
Georgetown Law Faculty Publications and Other Works
As the need to raise revenue becomes more pressing and public opposition to tax avoidance increases, the European Court of Justice has made it more difficult for the twenty-seven Member States of the European Union to prevent tax avoidance and shape fiscal policy. This article introduces the new anti-avoidance doctrine of the European Court of Justice and analyzes it from the perspective of taxpayers, Member States and the European Union legal order as a whole. This doctrine is problematic becasue it has created a legislative vacuum in Europe. No European Union institution has the authority to regulate direct taxation without …
Nicolas V. Romulo: Supreme Court Of The Philippines Rules On Post-Medellin Constitutionality Of A Sole-Executive Agreement Negotiated With The United States,
2010
University of Denver
Nicolas V. Romulo: Supreme Court Of The Philippines Rules On Post-Medellin Constitutionality Of A Sole-Executive Agreement Negotiated With The United States, Benjamin Brockman-Hawe
Denver Journal of International Law & Policy
No abstract provided.
Cubing The Kyoto Protocol: Post-Copenhagen Regulatory Reforms To Reset The Global Thermostat,
2010
Suffolk University Law School
Cubing The Kyoto Protocol: Post-Copenhagen Regulatory Reforms To Reset The Global Thermostat, Steven Ferrey
Suffolk University Law School Faculty Works
The Copenhagen Conference of the Parties (COP-15), which took place in December 2009, was intended to set in stone an ambitious global climate change agreement for the post-2012 period, when the Kyoto Protocol expires. It did not succeed, resulting only in a 13-paragraph “political accord” which was not agreed to, but only “noted” because of lack of consensus. The COP-16 in December 2010 in Cancun, Mexico, met a similar, if less contentious, inconclusive end. Every fundamental issue was left unresolved at both disappointing critical Conferences. Left unreformed as an international legal regulatory mechanism, the Kyoto Protocol has no chance of …
Book Reviews And Libel Proceedings,
2010
Columbia Law School
Book Reviews And Libel Proceedings, Lori Fisler Damrosch, Bernard H. Oxman, Richard B. Bilder, David D. Caron
Faculty Scholarship
The American journal of International Law has been informed of the initiation in France of penal proceedings against the editor in chief of the European journal of International Law (EJIL), by virtue of a complaint filed by an author of a book reviewed on a Web site affiliated with the Ejll.1 We share the concerns of other professional societies regarding the potential of such litigation for chilling academic discourse. 2 We also take this opportunity to explain the practice of the AJIL concerning communications from authors who object to book reviews published in our pages, and to state our position …
Leveraging Asylum,
2010
University of Michigan Law School
Leveraging Asylum, James C. Hathaway
Articles
I believe that the analysis underlying the leveraged right to asylum is conceptually flawed. As I will show, there is no duty of non-refoulement that binds all states as a matter of customary international law and it is not the case that all persons entitled to claim protection against refoulement of some kind are ipso facto entitled to refugee rights. These claims are unsound precisely because the critical bedrock of a real international legal obligation-namely, the consent of states evinced by either formal commitments or legally relevant actions -does not yet exist.
Implementing The Standby Letter For Credit Convention With The Law Of Wyoming,
2010
University of Michigan Law School
Implementing The Standby Letter For Credit Convention With The Law Of Wyoming, James J. White
Articles
For the first time in American practice, we propose to implement a convention by a federal adoption of law previously enacted by the states – from Wyoming to New York – to implement the Convention on Independent Guarantees and Standby Letters of Credit (“Convention”).1
State Bystander Responsibility,
2010
University of Michigan Law School
State Bystander Responsibility, Monica Hakimi
Articles
International human rights law requires states to protect people from abuses committed by third parties. Decision-makers widely agree that states have such obligations, but no framework exists for identifying when states have them or what they require. The practice is to varying degrees splintered, inconsistent, and conceptually confused. This article presents a generalized framework to fill that void. The article argues that whether a state must protect someone from third-party harm depends on the state's relationship with the third party and on the kind of harm caused. A duty-holding state must take reasonable measures to restrain the abuser. That framework …
Domesticating International Law Through Truth And Reconciliation Commissions: The Case Of The Liberian Trc,
2010
Florida A&M University College of Law
Domesticating International Law Through Truth And Reconciliation Commissions: The Case Of The Liberian Trc, Jeremy I. Levitt
Journal Publications
African states actively domesticate international law through judicial capacity-building in, for example, Botswana’s Industrial Court’s use of the Convention for Elimination of All Forms of Discrimination Against Women (CEDAW) and International Labor Organization conventions in the Moatswi v. Fencing Center case; Chief Justice of the Supreme Court of Ghana’s creation of the Human Rights Division of the Ghana High Court; and the institution of a sexual crimes division—Liberia’s Court ‘‘E’’—by the Liberian legislature. Moreover, high courts in Africa have demonstrated their willingness to adjudicate cases using regional and international law. For instance, in Kaunda v. President of the Republic of …
Clarifying Cultural Property,
2010
University of Colorado Law School
Clarifying Cultural Property, Kristen A. Carpenter, Sonia K. Katyal, Angela R. Riley
Publications
Author Stephenie Meyer forever altered the cultural existence of Quileute Indians when she wrote them into her Twilight novels. Now a veritable global phenomenon complete with books, movies, and affiliated merchandise, the Twilight series depicts young, male members of the tribe as vampire-fighting werewolves who ferociously defend a peace and territorial treaty made with local bloodsuckers. In reality, the Quileute Tribe consists of approximately 700 Indians, many of whom live on a remote reservation in the Pacific Northwest, a tiny parcel of the once vast Quileute territory. Since Twilight's unprecedented international success, the Quileute have been overwhelmed with fans …
A Green Road To Development: Environmental Regulations And Developing Countries In The Wto,
2010
University of Colorado Law School
A Green Road To Development: Environmental Regulations And Developing Countries In The Wto, Jonathan Skinner
Publications
The WTO framework can accommodate enforceable environmentally protective measures.
Climate Change, Fragmentation, And The Challenges Of Global Environmental Law: Elements Of A Post-Copenhagen Assemblage,
2010
University of Colorado Law School
Climate Change, Fragmentation, And The Challenges Of Global Environmental Law: Elements Of A Post-Copenhagen Assemblage, William Boyd
Publications
The 2009 United Nations climate conference in Copenhagen has been widely viewed as a failure -a referendum in the eyes of many on the top-down, comprehensive approach to climate governance embodied in the Kyoto Protocol and carried forward in efforts to negotiate a successor regime. Despite a modest agreement on future work toward a new agreement, the most recent climate meeting in Cancún, Mexico reinforces this view, underscoring the conclusion that Copenhagen represents an important inflection point for international climate policy. Although much of the post-Copenhagen commentary has correctly identified various problems, even fatal flaws, with the process, very little …
Propaganda For War And Transparency,
2010
University of Colorado Law School
Propaganda For War And Transparency, Richard B. Collins
Publications
No abstract provided.
State Responsibility In Promoting Environmental Corporate Accountability,
2010
University of Colorado Law School
State Responsibility In Promoting Environmental Corporate Accountability, Lakshman Guruswamy
Publications
No abstract provided.
Territoriality And The First Amendment: Free Speech At - And Beyond - Our Borders,
2010
William & Mary Law School
Territoriality And The First Amendment: Free Speech At - And Beyond - Our Borders, Timothy Zick
Faculty Publications
No abstract provided.
A Green Solution To Climate Change: The Hybrid Approach To Crediting Reductions In Tropical Deforestation,
2010
Florida A & M University College of Law
A Green Solution To Climate Change: The Hybrid Approach To Crediting Reductions In Tropical Deforestation, Randall S. Abate, Todd A. Wright
Journal Publications
No abstract provided.
Redd, White, And Blue: Is Proposed U.S. Climate Legislation Adequate To Promote A Global Carbon Credits System For Avoided Deforestation In A Post-Kyoto Regime?,
2010
Florida A & M University College of Law
Redd, White, And Blue: Is Proposed U.S. Climate Legislation Adequate To Promote A Global Carbon Credits System For Avoided Deforestation In A Post-Kyoto Regime?, Randall S. Abate
Journal Publications
Reducing emissions from deforestation and degradation (REDD) has emerged as an important albeit controversial, component of negotiations for a new international climate change regime to succeed the Kyoto Protocol when it expires in 2012 Not permitted under the terms of the Kyoto Protocol, REDD involves paying developing countries to protect their tropical forests as a climate change mitigation strategy REDD gained widespread attention by 2005 and took center stage in the months preceding the negotiation of the Copenhagen Accord in December 2009. After more than a decade of nonparticipation in international climate change compliance efforts, the United States has signed …
