The Push For Corporate Human Trafficking Compliance Under The Trends Of Global Legislation,
2019
Penn State Dickinson Law
The Push For Corporate Human Trafficking Compliance Under The Trends Of Global Legislation, Adam Banks
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Throwing A Flag On Roger Goodell’S Heavy Hand: A Comparison Of Nfl And Fifa Discipline And Dispute Resolution Mechanisms,
2019
Penn State Dickinson Law
Throwing A Flag On Roger Goodell’S Heavy Hand: A Comparison Of Nfl And Fifa Discipline And Dispute Resolution Mechanisms, Sean W. Pie
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
Wherever We Go, We Leave A Trail: Surveillance And Sousveillance In The United States And United Kingdom,
2019
Penn State Dickinson Law
Wherever We Go, We Leave A Trail: Surveillance And Sousveillance In The United States And United Kingdom, Allison Amatuzzo
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
It’S Dark And Hell Is Hot: Third Party Complicity In Jus In Bello Detainee Abuse And Torture,
2019
Penn State Dickinson Law
It’S Dark And Hell Is Hot: Third Party Complicity In Jus In Bello Detainee Abuse And Torture, Charles L. Deibel, Ii
Penn State Journal of Law & International Affairs (2012 - Present)
“‘Do not try to do too much with your own hands.’”
Obtaining Relief Under The Convention Against Torture: On The Issue Of Volition,
2019
Penn State Dickinson Law
Obtaining Relief Under The Convention Against Torture: On The Issue Of Volition, Thomas F. Brier, Jr., Esq.
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
“Foreign Agents,” Sovereignty, And Political Pluralism: How The Russian Foreign Agents Law Is Shaping Civil Society,
2019
Penn State Dickinson Law
“Foreign Agents,” Sovereignty, And Political Pluralism: How The Russian Foreign Agents Law Is Shaping Civil Society, Alexandra V. Orlova
Penn State Journal of Law & International Affairs (2012 - Present)
During the 1990s, many Russian non-governmental organizations (“NGOs”) secured foreign funding and participated in transnational advocacy networks. However, in the early 2000s, Russian authorities attempted to regain control over foreign-funded NGOs’ activities, presenting these NGOs as national security threats. The 2012 Russian Foreign Agents Law and the resulting 2018 challenge before the European Court of Human Rights reflect contemporary Russian political rhetoric that views Western governments and their agents, including NGOs, as threats to Russian sovereignty and national security. However, legal challenges also de-politicize the issues by forcing all parties into the framework of legal argument, reflecting the decline of …
Legalization And Norm Internalization: An Empirical Study Of International Human Rights Commitments Eliciting Public Support For Compliance,
2019
Penn State Dickinson Law
Legalization And Norm Internalization: An Empirical Study Of International Human Rights Commitments Eliciting Public Support For Compliance, Matthew D. Kim, Ph.D.
Penn State Journal of Law & International Affairs (2012 - Present)
Past studies argue that states abide by international human rights laws because the ratification of human rights treaties elicits public demand for compliance. Yet, the extent to which human rights treaties affect public support for compliance is unclear. At times, legalization of norms seems to elicit substantial public support for compliance, but at other times, legalization seems to have little effect. This study incorporates the life cycle of norms to arrive at a deeper understanding of the conditions in which international legal commitments to human rights generate public support for compliance with human rights norms. Using a series of survey …
Uncitral Working Group Iii On Isds Reform: How Cross-Cutting Issues Reshape Reform Options,
2019
International Institute for Environment and Development
Uncitral Working Group Iii On Isds Reform: How Cross-Cutting Issues Reshape Reform Options, Lorenzo Cotula, Thierry Berger, Lise Johnson, Brooke Güven, Jesse Coleman
Columbia Center on Sustainable Investment Staff Publications
The United Nations Commission on International Trade Law (UNCITRAL) is currently working on how to reform international investment treaties, focusing in particular on those treaties’ provisions enabling investors to sue governments in international arbitration. As an observer organization in this process, CCSI has emphasized that in the context of investor-state dispute settlement (ISDS) reform, it is important to first consider what it is that investment treaties aim to achieve, and only then to consider what form(s) of dispute settlement will best advance those objectives. This means not only looking at reform of the existing ISDS mechanism, but also alternatives to …
Draft Text Providing For Transparency And Prohibiting Certain Forms Of Third-Party Funding In Investor–State Dispute Settlement,
2019
Columbia Law School, Columbia Center on Sustainable Investment
Draft Text Providing For Transparency And Prohibiting Certain Forms Of Third-Party Funding In Investor–State Dispute Settlement, Brooke Güven, Lise Johnson, Nathalie Bernasconi-Osterwalder, Lorenzo Cotula, Jane Kelsey
Columbia Center on Sustainable Investment Staff Publications
The United Nations Commission on International Trade Law (UNCITRAL) is currently working on how to reform international investment treaties, focusing in particular on those treaties’ provisions enabling investors to sue governments in international arbitration. As an observer organization in this process, CCSI has emphasized that in the context of investor-state dispute settlement (ISDS) reform, it is important to first consider what it is that investment treaties aim to achieve, and only then to consider what form(s) of dispute settlement will best advance those objectives. This means not only looking at reform of the existing ISDS mechanism, but also alternatives to …
Third-Party Rights In Investor-State Dispute Settlement: Options For Reform,
2019
Columbia Law School, Columbia Center on Sustainable Development
Third-Party Rights In Investor-State Dispute Settlement: Options For Reform, Jesse Coleman, Lise Johnson, Brooke Güven, Lorenzo Cotula, Thierry Berger
Columbia Center on Sustainable Investment Staff Publications
The United Nations Commission on International Trade Law (UNCITRAL) is currently working on how to reform international investment treaties, focusing in particular on those treaties’ provisions enabling investors to sue governments in international arbitration. As an observer organization in this process, CCSI has emphasized that in the context of investor-state dispute settlement (ISDS) reform, it is important to first consider what it is that investment treaties aim to achieve, and only then to consider what form(s) of dispute settlement will best advance those objectives. This means not only looking at reform of the existing ISDS mechanism, but also alternatives to …
Draft Treaty Language: Withdrawal Of Consent To Arbitrate And Termination Of International Investment Agreements,
2019
Columbia Law School, Columbia Center on Sustainable Investment
Draft Treaty Language: Withdrawal Of Consent To Arbitrate And Termination Of International Investment Agreements, Brooke Güven, Lise Johnson
Columbia Center on Sustainable Investment Staff Publications
The United Nations Commission on International Trade Law (UNCITRAL) is currently working on how to reform international investment treaties, focusing in particular on those treaties’ provisions enabling investors to sue governments in international arbitration. As an observer organization in this process, CCSI has emphasized that in the context of investor-state dispute settlement (ISDS) reform, it is important to first consider what it is that investment treaties aim to achieve, and only then to consider what form(s) of dispute settlement will best advance those objectives. This means not only looking at reform of the existing ISDS mechanism, but also alternatives to …
Malaysia Historical Salvors Revisited:,
2019
Loyola Marymount University and Loyola Law School
Malaysia Historical Salvors Revisited:, John P. Given
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Trade Secret Protection In Japan And The United States: Comparison And Recommendations,
2019
Brooklyn Law School
Trade Secret Protection In Japan And The United States: Comparison And Recommendations, Thomas Landman
Brooklyn Journal of International Law
Trade secret law is a vital, yet often misunderstood, form of intellectual property law. As economic superpowers, both Japan and the United States realize that effective trade secret protection is essential for the prosperity of their domestic economies, and both nations have enacted laws to protect their trade secrets. While both Japan and the United States are signatories to the TRIPS agreement and therefore provide a shared baseline standard of trade secret protection, cultural and systemic differences between the two nations have resulted in differences in the way each nation implements its trade secret laws. This Note traces the history …
Human Rights Law And The Investment Treaty Regime,
2019
Columbia Law School, Columbia Center on Sustainable Development
Human Rights Law And The Investment Treaty Regime, Jesse Coleman, Kaitlin Y. Cordes, Lise Johnson
Columbia Center on Sustainable Investment Staff Publications
In its current form, the international investment treaty regime may stymie the business and human rights agenda in various ways. The regime may incentivize governments to favour the protection of investors over the protection of human rights. Investment treaty standards enforced through investor-state arbitration risk adversely affecting access to justice for project-affected rights holders. More broadly, the regime contributes to a system of global economic governance that elevates and rewards investors’ actions and expectations, irrespective of whether they have adhered to their responsibilities to respect human rights. Without comprehensive reform, investment treaties and investor-state arbitration will continue to interfere with …
China’S Free Trade Agreement Approach To Intellectual Property: The Future Of China’S Rules Under The Belt And Road Initiative [In Chinese],
2019
Singapore Management University
China’S Free Trade Agreement Approach To Intellectual Property: The Future Of China’S Rules Under The Belt And Road Initiative [In Chinese], Heng Wang, Zhenyu Xiao
Research Collection Yong Pung How School Of Law
Intellectual property rules have played an increasingly important role in international trade. Due to the problem in multilateral negotiations, free trade agreements (FTAs) of the US and EU may profoundly shape the future of world intellectual property law. The article analyses the following questions: what are the Chinese, US and EU approach to intellectual property under FTAs? Will China develop its own FTA model on intellectual property? On the one hand, the US and EU have developed their FTA model and is featured with WTO-plus obligations and stringent enforcement. They largely converge despite differences in areas such as geographical indications. …
The Future Of Deep Free Trade Agreements: The Convergence Of Tpp (And Cptpp) And Ceta?,
2019
Singapore Management University
The Future Of Deep Free Trade Agreements: The Convergence Of Tpp (And Cptpp) And Ceta?, Heng Wang
Research Collection Yong Pung How School Of Law
Focusing on Trans-Pacific Partnership (TPP), Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and Comprehensive Economic and Trade Agreement (CETA) as deep free trade agreements (FTAs) that concentrate on regulatory disciplines, this article examines a key question concerning the future of deep FTAs: do deep FTAs converge and, if so, why? It argues that, first, deep FTAs converge in their approach to trade and investment in two crucial respects: regulatory disciplines and dispute settlement. CPTPP narrows its gap with CETA through suspending rules in arguably most controversial aspects of TPP (i.e. intellectual property and investor-state dispute settlement [ISDS]). Differences emerge …
Severance By Unilateral Declaration: Lessons From Singapore,
2019
Singapore Management University
Severance By Unilateral Declaration: Lessons From Singapore, Alvin W. L. See
Research Collection Yong Pung How School Of Law
Thisarticle examines, in the context of Singapore law, unilateral declaration as amode of severing a joint tenancy. In particular, it considers if and in what exceptionalcircumstances should severance by unilateral declaration be allowed in equitynotwithstanding the lack of registration, the effect of such an unregisteredseverance with regards to third parties, as well as how the different modes ofseverance interact with one another.
The Battle Of The Powers: Newly Obtained Benefits From The Revitilised Trans-Pacific Partnership Agreement,
2019
The University of San Francisco
The Battle Of The Powers: Newly Obtained Benefits From The Revitilised Trans-Pacific Partnership Agreement, Scott Halsted
Master's Projects and Capstones
The Trans Pacific Partnership (TPP) agreement would have been the most sizeable free trade agreement in history. The agreement was set up by the Obama administration as an economic benefactor plus geopolitical tool to maintain the balance of power in the Asia Pacific region, rivaling the power of China. However, numerous politicians within the Trump administration, plus multiple political opposers including Hillary Clinton and Sen. Bernie Sanders, were major advocates for the U.S. removal after realistically adjusted estimates of the TPP showed economic benefits not equating to original estimates. However, the United States withdrawal raises significant successes that can be …
Ccsi Submits Written Views To Us Department Of State Regarding Uncitral’S Working Group Iii,
2019
Columbia Law School
Ccsi Submits Written Views To Us Department Of State Regarding Uncitral’S Working Group Iii, Columbia Center On Sustainable Investment
Columbia Center on Sustainable Investment Staff Publications
In connection with the US Department of State’s Annual Advisory Committee on Private International law meeting in May 2019, CCSI submitted written views regarding UNCITRAL’s Working Group III on ISDS reform. CCSI’s comments highlighted specific areas of CCSI’s research as it relates to the US Government and its work within the Working Group. Specifically, US investment treaty negotiating objectives specify that covered foreign investors in the United States should not be accorded greater substantive rights than domestic investors. CCSI highlights the ways in which greater procedural rights afforded under investment treaties to foreign investors in practice result in greater substantive …
Fighting Fire With Fire: A Repeat Violator Policy For The Wto,
2019
New York Law School
Fighting Fire With Fire: A Repeat Violator Policy For The Wto, Michael Goodyear
Articles & Chapters
The Trump presidency and other reactionary conservative governments present an immensely powerful danger to the World Trade Organization ("WTO"). The WTO is largely built on Members' willingness to comply with its rules, and the current Dispute Settlement Understanding ("DSU") is too weak to deter an avowed enemy of the WTO such as President Trump. This poor enforcement system particularly hurts developing countries, which lack the power under the DSU to effectively deter economic giants like the United States. The recent Doha Round was supposed to create a more effective enforcement mechanism under the DSU, but it fell apart before any …
