Welcome And Opening Of The 45th Cusli Annual Conference,
2022
Case Western Reserve University School of Law
Welcome And Opening Of The 45th Cusli Annual Conference, Cuslj
Canada-United States Law Journal
No abstract provided.
The Arctic As Emerging Geopolitical Flashpoint Proceedings Of The 45th Canada-United States Law Institute Annual Conference - Climate Change And The Arctic: Profound Disruption, Uncertain Impact,
2022
Case Western Reserve University School of Law
The Arctic As Emerging Geopolitical Flashpoint Proceedings Of The 45th Canada-United States Law Institute Annual Conference - Climate Change And The Arctic: Profound Disruption, Uncertain Impact, Robert Huebert, Byers Byers, Martin La Cour-Andersen, Rebecca Pincus Jonathan Quinn
Canada-United States Law Journal
No abstract provided.
Tensions And Opportunity In Arctic Development And Stewardship,
2022
Case Western Reserve University School of Law
Tensions And Opportunity In Arctic Development And Stewardship, Cuslj
Canada-United States Law Journal
Adler, Jonathan; Doran, Charles; McCarney, Rosemary; Findlay, Martha Hall; Short, Hugh
The Protection Of Environmental Law Under Nafta And Cusma: A Canadian Perspective Student Articles And Notes,
2022
Case Western Reserve University School of Law
The Protection Of Environmental Law Under Nafta And Cusma: A Canadian Perspective Student Articles And Notes, George Moshenski-Dubov
Canada-United States Law Journal
No abstract provided.
Google V Oracle: A Comment And Call To Action Student Articles And Notes,
2022
Case Western Reserve University School of Law
Google V Oracle: A Comment And Call To Action Student Articles And Notes, Justine Pileggi
Canada-United States Law Journal
No abstract provided.
At The Intersection Of Diplomacy And International Law: The Isds Reform Process,
2022
University of Richmond - School of Law
At The Intersection Of Diplomacy And International Law: The Isds Reform Process, Chiara Giorgetti
Law Faculty Publications
Diplomacy and international law are highly interactive and interdependent, as Margaret McGuinness and David Stewart explain well in the introduction of this book. This is especially true in international dispute settlement, where diplomacy and international law build on each other as essential tools for the maintenance of peace. From the creation of new international courts and tribunals to enforcement of many international awards and judgments, diplomacy plays a crucial role in fostering and strengthening dispute resolution. ...
Admissibility Of Hearsay Gathered Under Mlat: A Tempest In Canada,
2022
Dalhousie University, Schulich School of Law
Admissibility Of Hearsay Gathered Under Mlat: A Tempest In Canada, Robert Currie
Articles, Book Chapters, & Popular Press
One of the most pervasive and longstanding problems in the practice of mutual legal assistance in criminal matters between states has been ‘form of evidence’–specifically, can the requested state provide evidence in such form as will be useful and admissible under the criminal evidence laws of the requesting state?It tends to be common law states that have difficulties with admissibility of MLAT-sourced evidence, and these often develop ‘work-arounds’ in their laws which attempt to relax admissibility standards. Canada is one such state, but a series of recent prosecutions has revealed judicial resistance to the tools employed. This note examines these …
Editors' Note,
2022
Dalhousie University, Schulich School of Law
Editors' Note, Robert Currie, Neil Boister, Masha Fedorova, Sabine Gless, Cecily Rose, Sara Wharton
Articles, Book Chapters, & Popular Press
No abstract provided.
The Political Economy Of Wto Exceptions,
2022
Vanderbilt University Law School
The Political Economy Of Wto Exceptions, Timothy Meyer
Vanderbilt Law School Faculty Publications
In a bid to save the planet from rising temperatures, the European Union is introducing a carbon border adjustment mechanism-essentially a levy on imports from countries with weak climate rules. The United States, Canada, and Japan are all openly mulling similar proposals. The Biden Administration is adopting new Buy American rules, while countries around the world debate new supply chain regulations to address public health issues arising from COVID-19 and shortages in critical components like computer chips. These public policy initiatives-addressing the central environmental, public health, and economic issues of the day-all likely violate World Trade Organization (WTO) rules governing …
The Injustice Of 1.5°C–2°C: The Need For A Scientifically Based Standard Of Fundamental Rights Protection In Constitutional Climate Change Cases,
2022
University of Washington School of Law
The Injustice Of 1.5°C–2°C: The Need For A Scientifically Based Standard Of Fundamental Rights Protection In Constitutional Climate Change Cases, Andrea K. Rodgers, Lauren E. Sancken, Jennifer Marlow
Articles
In 2015, signatories to the Paris Agreement agreed to the goal of keeping global temperature rise this century to well below 2°C above preindustrial levels and to pursue efforts to limit the temperature increase even further to 1.5°C. Although the adoption of the Paris Agreement was in many ways a political triumph, seven years later many climate advocates are presenting the Paris target to judicial bodies as the de facto legal standard for fundamental rights protection in climate change cases. Yet, the history leading up to the signatories’ ultimate adoption of the Paris Agreement target suggests that the target is …
Retooling Sanctions: China’S Challenge To The Liberal International Order,
2022
Western New England University School of Law
Retooling Sanctions: China’S Challenge To The Liberal International Order, Timothy Webster
Faculty Scholarship
Professor Tom Ginsburg has produced yet another classic of transnational law, political science, and international relations. Democracies and International Law yields important insights into the democratic nature of international law but cautions that authoritarian states can apply these very legal technologies for repressive or anti-democratic purposes. Building on Ginsburg’s theories of mimicry and repurposing, this contribution highlights the role of both techniques in the creation of China’s economic sanctions program. On the one hand, China has developed a basic set of tools to impose economic sanctions—a key instrument in the liberal international toolkit—on foreign entities and persons. In so doing, …
Advocating The Temporary Rights To Work For Refugees And Asylum Seekers In Transit In Indonesia,
2021
Resilience Development Initiative Urban Refugee Research Group (RDI UREF), Indonesia
Advocating The Temporary Rights To Work For Refugees And Asylum Seekers In Transit In Indonesia, Marupa Hasudungan Sianturi, Nino Viartasiwi
Indonesia Law Review
Refugees and asylum seekers are stuck in three to unknown years of protracted transit in Indonesia in their route to reach a destination country. The status of foreign refugees and asylum seekers has deprived them access to basic human needs such as the right to earn a living, education, and healthcare service. This study focuses on the issue of the prohibition to work for refugees and asylum seekers by reviewing the law and regulation concerning refugee protection, rights to work for foreigners, and fundamental human rights. In addition, a review of international norms and conventions on human rights, as well …
Legal Introspection Towards The Development Of Right To Privacy As Fundamental Right In India,
2021
Rashtrasant Tukadoji Maharaj Nagpur University, Nagpur, India
Legal Introspection Towards The Development Of Right To Privacy As Fundamental Right In India, Payal Thaorey
Indonesia Law Review
Privacy of the individual is an essential aspect of dignity. The ability of the individual to protect a zone of privacy enables the realization of the full value of life and liberty. Liberty has a broader meaning of which privacy is a subset. All liberties may not be exercised in privacy. Yet others can be fulfilled only within a private space. Privacy enables the individual to retain the autonomy of the body and mind. The autonomy of the individual is the ability to make decisions on vital matters of concern to life. The journey of right to privacy has been …
Establishing A Legitimate Indonesia’S Government Electronic Surveillance Regulation: A Comparison With The U.S. Legal Practices,
2021
University of California, Berkeley
Establishing A Legitimate Indonesia’S Government Electronic Surveillance Regulation: A Comparison With The U.S. Legal Practices, Citra Yuda Nur Fatihah
Indonesia Law Review
Cybersecurity and privacy have now become a matter of increasing concern for citizens, the private sector, and the Indonesian government. The government is currently struggling to combat cyberattacks and data breaches. Indonesia is, in fact, in the early stages of developing a national cybersecurity strategy. The legal framework for cybersecurity in Indonesia is still weak. The one and only legal basis for regulating cybersecurity, privacy, and security, in Indonesia so far is the Electronic Information and Transactions Law No. 11/2008 and its revised version Law No.19/2016. Furthermore, the government through the Indonesian Ministry of Communication and Information has just issued …
Undersea Cables: The Ultimate Geopolitical Chokepoint,
2021
Purdue University
Undersea Cables: The Ultimate Geopolitical Chokepoint, Bert Chapman
FORCES Initiative: Strategy, Security, and Social Systems
This work provides historical and contemporary overviews of this critical geopolitical problem, describes the policy actors addressing this in the U.S. and selected other countries, and provides maps and information on many undersea cable work routes. These cables are chokepoints with one dictionary defining chokepoints as “a strategic narrow route providing passage through or to another region."
France's Organisme De Défense Et De Gestion: A Model For Farmer Collective Action Through Standard Development And Brand Management,
2021
Michican State University
France's Organisme De Défense Et De Gestion: A Model For Farmer Collective Action Through Standard Development And Brand Management, Christopher J. Bardenhagen, Philip H. Howard, Marie-Odile Noziéres-Petit
Journal of Food Law & Policy
Quality-based food production, often with a regional dimension, can provide farmers with new, value added markets. It can also provide consumers with access to place based high-quality products, and may benefit local economies through increased commerce. French Organismes de Défense et de Gestion (ODGs) illustrate a mode of quality-based agri-food business organization. ODGs focus on the development of production standards, as well as management of the intellectual property related to those standards. This mode, which is commonly used in Europe, has not often been used in the United States, despite its potential for regional food system development. The ODG mode …
Apocalypse Ahoy: How The Cruise Industry Boom Is Harming The World’S Oceans And Problems With Enforcing Environmental Regulations,
2021
Brooklyn Law School
Apocalypse Ahoy: How The Cruise Industry Boom Is Harming The World’S Oceans And Problems With Enforcing Environmental Regulations, Nicholas J. Sarnelli
Brooklyn Law Review
The global cruise line industry enjoyed an incredible surge in popularity before the coronavirus pandemic. While the industry nearly sank in the wake of the pandemic, cruise lines are poised to continue to enjoy record-breaking profits while continuing to build larger and more opulent ships. This boom exacts a heavy toll on the environment, as cruise ships burn dirty fuel and dump dirty water into the world’s oceans. The current international legal framework for regulating the world’s shipping industry allows companies to effectively select which nation’s environmental laws to submit to, with ships flying under so-called “flags of convenience”. While …
Remedies For Government Breach: Lessons From The United States And A Zone Of Appealable Remedies For Southeast Asia,
2021
Brooklyn Law School
Remedies For Government Breach: Lessons From The United States And A Zone Of Appealable Remedies For Southeast Asia, Benjamin D. Black
Brooklyn Law Review
Though international investment treaties may supplant domestic contract law in cross-border government contracts, their limited use in Southeast Asia informs the continued importance of clear remedies for a government breach of contract under domestic law. As investment from China’s Belt and Road Initiative continues to flow into the region, private parties require clear rules and remedies when a government breaches a contract. This note argues that the lack of clear and codified public contract law in Southeast Asia presents a substantial risk to private contractors and that the extreme variance in public contract law is detrimental to both parties involved. …
The Empowerment Of Migrant Workers In A Precarious Situation,
2021
Osgoode Hall Law School of York University
The Empowerment Of Migrant Workers In A Precarious Situation, Fay Faraday
Commissioned Reports, Studies and Public Policy Documents
The experience of transnational migrants working for low pay under exploitative conditions has been well-documented for many years. Yet, a sizeable catalogue of binding international instruments establishes a rights-based framework through which states commit to deliver substantive labour protections to migrant workers. By focusing on the operation of labour inspectorates in five countries – Canada, Germany, Malaysia, Qatar and South Africa – this paper undertakes a comparative analysis to explore what accounts for the persistent gap between the vision of the rights-based framework and the reality of rights violations that migrant workers experience. These countries were selected for comparison because …
Level-Up: Towards A More Competitive & Labor-Friendly E-Sports Industry,
2021
Brooklyn Law School
Level-Up: Towards A More Competitive & Labor-Friendly E-Sports Industry, Andrew Ramstad
Brooklyn Journal of International Law
Despite humble beginnings, the advent of the modern internet has seen the explosion of e-sports into an industry commanding hundreds of millions of annual viewers and nearly a billion dollars in annual advertising revenue. Facilitating this expansion has been a shift from independently run competitive e-sports leagues to leagues created and operated by the developers of the league’s underlying game. This vertical integration by developers increases e-sports accessibility to viewers, but at the cost of decreased player bargaining power and professional flexibility. The integration further incentivizes ever-increasing working hours and self-destructive or rule-breaking behavior by players to stay competitive. This …
