Corporate Complicity In Human Rights Violations Under International Criminal Law,
2015
DePaul University
Corporate Complicity In Human Rights Violations Under International Criminal Law, Danielle Olson
International Human Rights Law Journal
This paper examines the main legal elements of corporate criminal responsibility for involvement in serious human rights violations, focusing specifically on the mens rea, or mental element requirement of a crime. It analyzes in detail what it means for a business to be complicit, the degree of knowledge corporations and their officials must have to be implicated in accomplice liability, and a case study demonstrating the consequences of such liability on corporations.
Dean Rusk Award: "Double Jeopardy" On The High Seas: International Narcotics Traffickers Beware,
2015
University of Georgia School of Law
Dean Rusk Award: "Double Jeopardy" On The High Seas: International Narcotics Traffickers Beware, Richard Lee
Georgia Journal of International & Comparative Law
No abstract provided.
Emerging Technology And Perfidy In Armed Conflict,
2015
U.S. Naval War College
Emerging Technology And Perfidy In Armed Conflict, Ian Henderson, Jordan Den Dulk, Angeline Lewis
International Law Studies
The rule against perfidy in armed conflict—one of the last echoes of honor and social order of war—is threatened by emerging technologies. Specifically, the employment of emerging technologies has muddied the already thin and grey line between acts which contravene the honor of warfare and legitimate ruses of war. In this article, the authors analyze perfidy, treachery and ruses of war as key concepts of international humanitarian law and consider their application to emerging technologies.
The Law Of Naval Warfare And China’S Maritime Militia,
2015
U.S. Naval War College
The Law Of Naval Warfare And China’S Maritime Militia, James Kraska, Michael Monti
International Law Studies
China operates a vast network of fishing vessels that form a maritime militia equipped and trained to conduct intelligence, communications, and targeting support for the People's Liberation Army Navy. Fishing vessels normally are exempt from capture or attack in the law of naval warfare unless they are integrated into the naval forces, but distinguishing between legitimate fishing vessels and maritime militia during naval warfare is virtually impossible.
An International Sos (Save Our Sharks): How The International Legal Framework Should Be Used To Save Our Sharks,
2015
Pace University School of Law
An International Sos (Save Our Sharks): How The International Legal Framework Should Be Used To Save Our Sharks, Crystal Green
Pace International Law Review
The purpose of this Article is to shed light on the plight on sharks in international and domestic waters. An estimated 100 million sharks are killed every year. The cruel and wasteful practice of shark finning is responsible for a large portion of those killings. Shark fins are the most valuable part of the shark, because they are used as the key ingredient – and namesake – in an Asian delicacy known as “shark fin soup.” This Article opens with background information on the dire situation sharks are facing in our oceans, and how the depletion of these top predators …
A Dire Need For Legislative Reform,
2015
Pace University School of Law
A Dire Need For Legislative Reform, Patrick Dowdle
Pace International Law Review
In Section I of this note, I will lay out the several reasons why 18 U.S.C. § 1651 needs reform. I will provide background information on modern day piracy, including its economic impact, and will then break down varying definitions of piracy and their applications in recent cases. I will explore the split in U.S. case law caused by the application of the UNCLOS definition of piracy in Dire, and will identify the quandaries that result from the UNCLOS definition. In Section II, I will address two specific problems stemming from § 1651 that came to light as a result …
Scuttling Iuu Fishing And Rewarding Sustainable Fishing: Enhancing The Effectiveness Of The Port State Measures Agreement With Trade-Related Measures,
2015
Seattle University School of Law
Scuttling Iuu Fishing And Rewarding Sustainable Fishing: Enhancing The Effectiveness Of The Port State Measures Agreement With Trade-Related Measures, Anastasia Telesetsky
Seattle University Law Review
Illegal, unreported, and unregulated fishing (IUU fishing) is a substantial threat to global food security and a recurring problem for global fishery managers already facing difficult baseline situations exacerbated by climate change, including warming oceans and increasing acidification. There is nothing historically new about IUU fishing; there have always been poachers who take advantage of operating in the shadows of legal commercial fishing. What is new is the extent to which marine poaching has industrialized. It is estimated that 19% of the worldwide value of marine catches are unlawful. The problem is not limited to developing states. For example, even …
Re-Tooling Marine Food Supply Resilience In A Climate Change Era: Some Needed Reforms,
2015
Seattle University School of Law
Re-Tooling Marine Food Supply Resilience In A Climate Change Era: Some Needed Reforms, Robin Kundis Craig
Seattle University Law Review
Ocean fisheries and marine aquaculture are an important but often overlooked component of world food security. For example, of the seven billion (and counting) people on the planet, over one billion depend on fish as their primary source of protein, and fish is a primary source of protein (30 percent or more of protein consumed) in many countries around the world, including Japan, Greenland, Taiwan, Indonesia, several countries in Africa, and several South Pacific island nations. Marine fisheries and marine aquaculture have been subject to a number of stressors that can undermine world food security, including overfishing, habitat destruction, and …
"Lead In The Far North" By Acceding To The Law Of The Sea Convention,
2015
University of Washington School of Law
"Lead In The Far North" By Acceding To The Law Of The Sea Convention, Craig H. Allen
Washington Journal of Environmental Law & Policy
This article is based on remarks given to the Arctic Encounter Symposium on Jan. 31, 2015.
"Lead In The Far North" By Acceding To The Law Of The Sea Convention,
2015
University of Washington School of Law
"Lead In The Far North" By Acceding To The Law Of The Sea Convention, Craig H. Allen
Washington Journal of Environmental Law & Policy
This article is based on remarks given to the Arctic Encounter Symposium on Jan. 31, 2015.
Arctic Law & Policy Year In Review: 2014,
2015
University of Washington School of Law
Arctic Law & Policy Year In Review: 2014, Arctic Law & Policy Institute, University Of Washington
Washington Journal of Environmental Law & Policy
A categorized review of major developments, with background information and current events.
Fifth Circuit Cases Concerning Search And Seizure Upon The High Seas: The Need For A Limiting Doctrine,
2015
University of Georgia School of Law
Fifth Circuit Cases Concerning Search And Seizure Upon The High Seas: The Need For A Limiting Doctrine, Willie R. Jenkins
Georgia Journal of International & Comparative Law
No abstract provided.
No Child Is An Island: The Predicament Of Statelessness For Children In The Caribbean,
2015
Senior Protection Associate, United Nations High Commissioner for Refugees
No Child Is An Island: The Predicament Of Statelessness For Children In The Caribbean, Catherine A. Tobin
International Human Rights Law Journal
In a region characterized by human mobility, many children in the Caribbean are born in a different country than their parents. In fact, the Caribbean is considered one of the regions with the highest percentage of people migrating. This article will analyze the root causes of statelessness for children in the Caribbean, focusing primarily on the dangerous interplay between ineffective birth registration systems and lack of safeguards for children who would be otherwise stateless. The article will also address recent shifts in migration and nationality policies in countries such as The Bahamas and the Dominican Republic that have exacerbated existing …
Transportation, Cooperation And Harmonization: Gats As A Gateway To Integrating The Un Seaborne Cargo Regimes Into The Wto,
2015
Middlesex University (U.K.)
Transportation, Cooperation And Harmonization: Gats As A Gateway To Integrating The Un Seaborne Cargo Regimes Into The Wto, Lijun Zhao
Pace International Law Review
This paper seeks to analyze how the World Trade Organization (WTO) may cooperate with the United Nations (UN) to unify sea-borne cargo regimes. Beginning with the current dilemma of uni-form maritime transport regime, the paper explores the relation-ship between the UN and the WTO. In light of the successful precedent of the incorporation of the UN intellectual property re-gime into the WTO, this paper probes into the feasibility that the UN and the WTO may interactively unify a maritime transport regime by reference to selected previous treaties, which include UN-administrated treaties. This paper argues the WTO-based sea transport negotiations do …
Book Review: Völkerrecht. Eds. E. Menzel & Knut Ipsen: Verlag C.H. Beck-Munchen, 1979.,
2015
University of Würzburg
Book Review: Völkerrecht. Eds. E. Menzel & Knut Ipsen: Verlag C.H. Beck-Munchen, 1979., Hugo J. Hahn
Georgia Journal of International & Comparative Law
No abstract provided.
The Ocean Thermal Energy Conversion Act Of 1980,
2015
University of Georgia School of Law
The Ocean Thermal Energy Conversion Act Of 1980, Paul Kish
Georgia Journal of International & Comparative Law
No abstract provided.
Reviewing The Magic Pipes: Angelex Ltd. V. United States, Oily Water Separators, And Constitutional Review Of Coast Guard Action,
2015
William & Mary Law School
Reviewing The Magic Pipes: Angelex Ltd. V. United States, Oily Water Separators, And Constitutional Review Of Coast Guard Action, Benjamin Abel
William & Mary Bill of Rights Journal
No abstract provided.
Deep Seabed Mining: Alternative Schemes For Protecting Developing Countries From Adverse Impacts,
2015
University of Georgia School of Law
Deep Seabed Mining: Alternative Schemes For Protecting Developing Countries From Adverse Impacts, David Hegwood
Georgia Journal of International & Comparative Law
No abstract provided.
Freedom Of Transit And The Right Of Access For Land-Locked States: The Evolution Of Principle And Law,
2015
United Nations Office of Legal Affairs
Freedom Of Transit And The Right Of Access For Land-Locked States: The Evolution Of Principle And Law, A. Mpazi Sinjela
Georgia Journal of International & Comparative Law
No abstract provided.
Book Review: Law Of The Sea: U.S. Policy Dilemma. Eds. Bernard H. Oxman, David D. Caron, & Charles L.O. Buderi. San Francisco, California: Institute For Contemporary Studies Press, 1983.,
2015
University of Connecticut School of Law
Book Review: Law Of The Sea: U.S. Policy Dilemma. Eds. Bernard H. Oxman, David D. Caron, & Charles L.O. Buderi. San Francisco, California: Institute For Contemporary Studies Press, 1983., M. W. Janis
Georgia Journal of International & Comparative Law
No abstract provided.
