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25,494 full-text articles. Page 1 of 528.

Maritime Autonomous Vehicles Within The International Law Framework To Enhance Maritime Security, Natalie Klein 2019 UNSW Sydney, Faculty of Law

Maritime Autonomous Vehicles Within The International Law Framework To Enhance Maritime Security, Natalie Klein

International Law Studies

Technological developments necessitate a review of long-standing and diverse international legal principles. The law of the sea is no exception in this regard where the introduction of different Maritime Autonomous Vehicles (MAVs) has prompted consideration of how the laws of naval warfare and rules governing the safety of international shipping accommodate these craft. This paper shifts the focus to the international laws relating to maritime security. It assesses how well the existing international legal framework for maritime security can account for the use of MAVs by law enforcement agencies and by non-state actors who are turning to MAVs for criminal ...


Introduction To The 2005 Rudolf B. Schlesinger Lecture On International And Comparative Law, Richard M. Buxbaum 2019 Selected Works

Introduction To The 2005 Rudolf B. Schlesinger Lecture On International And Comparative Law, Richard M. Buxbaum

Richard M. Buxbaum

No abstract provided.


In Tribute, Richard M. Buxbaum 2019 Selected Works

In Tribute, Richard M. Buxbaum

Richard M. Buxbaum

No abstract provided.


Tax Competition And Tax Cooperation: A Survey And Reassessment, Hugh J. Ault 2019 Boston College Law School

Tax Competition And Tax Cooperation: A Survey And Reassessment, Hugh J. Ault

Hugh J. Ault

No abstract provided.


Waiting For Rights: Progressive Realization And Lost Time, Katharine G. Young 2019 Boston College Law School

Waiting For Rights: Progressive Realization And Lost Time, Katharine G. Young

Katharine G. Young

The obligation of ‘progressive realization’ under the International Covenant on Economic and Social Rights is often interpreted in light of available resources - this chapter examines, instead, the variable of time. Noting that delay of rights is akin to denial of rights, Young explores the various ways in which accountability models, at the international level, have elaborated on concrete, and temporal, benchmarks. These include the minimum core, and non-retrogression doctrines, and the exercises in comparative rankings. These are important sources of accountability, especially for positive obligations. And yet with the promise of rights, law nevertheless structures the expectations of rights-holders. This ...


The Future Of Economic And Social Rights: Introduction, Katharine G. Young 2019 Boston College Law School

The Future Of Economic And Social Rights: Introduction, Katharine G. Young

Katharine G. Young

The future of economic and social rights is unlikely to resemble its past. Neglected within the human rights movement, avoided by courts, and subsumed within a conception of development in which economic growth was considered a necessary (and, by some, sufficient) condition for rights fulfillment, economic and social rights enjoyed an uncertain status in international human rights law and in the public laws of most countries. Yet today, under conditions of immense poverty, insecurity, and social distress, the rights to education, health care, housing, social security, food, water, and sanitation are increasingly at the top of the human rights agenda ...


You Don’T Need Lungs To Suffer: Fish Suffering In The Age Of Climate Change With A Call For Regulatory Reform, David N. Cassuto, Amy O'Brien 2019 Elisabeth Haub School of Law at Pace University

You Don’T Need Lungs To Suffer: Fish Suffering In The Age Of Climate Change With A Call For Regulatory Reform, David N. Cassuto, Amy O'Brien

Pace Law Faculty Publications

Fish are sentient — they feel pain and suffer. Yet, while we see increasing interest in protecting birds and mammals in industries such as farming and research (albeit few laws), no such attention has been paid to the suffering of fish in the fishing industry. Consideration of fish welfare including reducing needless suffering should be a component of fisheries management. This article focuses on fisheries management practices, the effects of anthropogenic climate change on fisheries management practices, and the moral implications of fish sentience on the development and amendment of global fishing practices. Part I examines domestic and international fisheries, including ...


You Don’T Need Lungs To Suffer: Fish Suffering In The Age Of Climate Change With A Call For Regulatory Reform, David N. Cassuto, Amy O'Brien 2019 Elisabeth Haub School of Law at Pace University

You Don’T Need Lungs To Suffer: Fish Suffering In The Age Of Climate Change With A Call For Regulatory Reform, David N. Cassuto, Amy O'Brien

Environmental Law Program Publications @ Haub Law

Fish are sentient — they feel pain and suffer. Yet, while we see increasing interest in protecting birds and mammals in industries such as farming and research (albeit few laws), no such attention has been paid to the suffering of fish in the fishing industry. Consideration of fish welfare including reducing needless suffering should be a component of fisheries management. This article focuses on fisheries management practices, the effects of anthropogenic climate change on fisheries management practices, and the moral implications of fish sentience on the development and amendment of global fishing practices. Part I examines domestic and international fisheries, including ...


Ethics Or Law: Which Should Prevail In Conflicts Regarding The Restitution Of Nazi-Looted Art?, Anthony Caruso 2019 Seton Hall University

Ethics Or Law: Which Should Prevail In Conflicts Regarding The Restitution Of Nazi-Looted Art?, Anthony Caruso

Seton Hall University Dissertations and Theses (ETDs)

Museums and sovereign states often face a dilemma when confronted with a claim seeking restitution of Nazi-looted artwork. The assertion of legal technicalities may allow an institution to maintain possession of its artwork whereas ethics would dictate its return. This paper discusses three cases where legal technicalities take precedence over ethics. This conflict demonstrates the need to have such disputes addressed in a forum other than a court system.


Diamonds On The Souls Of Her Shoes: The Kimberly Process And The Morality Exception To Wto Restrictions, Karen E. Woody 2019 Washington and Lee University School of Law

Diamonds On The Souls Of Her Shoes: The Kimberly Process And The Morality Exception To Wto Restrictions, Karen E. Woody

Karen Woody

This Article analyzes the events predicating the Kimberley Process and examines the validity of the Kimberley Process in relation to international trade obligations. Part I describes the background of conflict diamonds and their role in African wars. The section outlines the need for regulation in the diamond industry and examines how other attempted measures at curbing the illicit diamond trade have fallen short. Part II details the Kimberley Process and its guidelines. This section analyzes the relevant U.S. legislation passed in 2003, the Clean Diamond Trade Act. Part II also suggests that because the Kimberley Process ("KP") is predicated ...


Karen E. Woody, Putting Pandora On Trial, 98 J. Crim. L. & Criminology 699 (2008) (Reviewing Mark A. Drumbl, Atrocity, Punishment, And International Law (2007)), Karen E. Woody 2019 Washington and Lee University School of Law

Karen E. Woody, Putting Pandora On Trial, 98 J. Crim. L. & Criminology 699 (2008) (Reviewing Mark A. Drumbl, Atrocity, Punishment, And International Law (2007)), Karen E. Woody

Karen Woody

In the wake of increasing globalization over the past fifty years, international criminal law has transformed from a toothless shadow into a concrete reality; the International Criminal Court is the most recent and impressive institutional accomplishment. Unfortunately, international criminal law has enjoyed this progress on the heels of increasingly horrific international crimes. International adjudicatory institutions have taken many forms and the sentences they deliver have varied widely. In Atrocity, Punishment, and International Law, Mark Drumbl reviews the strides made in international criminal law from the Nuremberg trials through present-day trials, particularly those related to the crimes committed in Rwanda and ...


Securities Laws As Foreign Policy, Karen E. Woody 2019 Selected Works

Securities Laws As Foreign Policy, Karen E. Woody

Karen Woody

No abstract provided.


Implementing Truth And Reconciliation: Comparative Lessons For The Republic Of Korea, Tara J. Melish 2019 University at Buffalo School of Law

Implementing Truth And Reconciliation: Comparative Lessons For The Republic Of Korea, Tara J. Melish

Tara Melish

This Article substantively introduces a special symposium issue on "Implementing Truth and Reconciliation: Comparative Lessons for Korea." Inspired by the Dec. 2010 release of the official report and recommendations of the Truth and Reconciliation Commission, Republic of Korea (TRCK), the special issue gathers comparative national and cross-national lessons from four nations -- South Korea, South Africa, Cambodia, and Peru -- on the factors that contribute to or hinder the effective implementation of truth commission recommendations and other efforts aimed at achieving national, community, and individual-level reconciliation. Such lessons are offered in the hope of assisting victim groups and other advocacy communities in ...


Justice Jackson's 1946 Nuremberg Reflections At Buffalo: An Introduction, Alfred S. Konefsky, Tara J. Melish 2019 University at Buffalo School of Law

Justice Jackson's 1946 Nuremberg Reflections At Buffalo: An Introduction, Alfred S. Konefsky, Tara J. Melish

Tara Melish

This Essay introduces the 2011 James McCormick Mitchell Lecture, “From Nuremberg to Buffalo: Justice Jackson’s Enduring Lessons of Morality and Law in a World at War,” a commemoration of Jackson’s 1946 centennial convocation speech at the University of Buffalo. It discusses Jackson’s speech, breaks down its thematic components, and situates the distinguished Mitchell Lecturers’ responses to it in context. Unlike Justice Jackson’s commanding and historic opening and closing statements as U.S. chief prosecutor at Nuremberg, Jackson’s 1946 speech, delivered just days after his return from Germany where he heard the Nuremberg Tribunal deliver its ...


Reading Quicksilver: A Response To Pierre D'Argent, David A. Westbrook 2019 University at Buffalo School of Law

Reading Quicksilver: A Response To Pierre D'Argent, David A. Westbrook

David A. Westbrook

No abstract provided.


Quo Vadis: Where Does The Human Rights Movement Go From Here?, David Tolbert 2019 Ford Foundation Fellow and Visiting Scholar, Duke University

Quo Vadis: Where Does The Human Rights Movement Go From Here?, David Tolbert

Georgia Journal of International & Comparative Law

No abstract provided.


Refugee Crisis In Germany And The Right To A Subsistence Minimum: Differences That Ought Not Be, Ulrike Davy 2019 Bielefeld University, Germany

Refugee Crisis In Germany And The Right To A Subsistence Minimum: Differences That Ought Not Be, Ulrike Davy

Georgia Journal of International & Comparative Law

No abstract provided.


Two-Dimensional Hard-Soft Law Theory And The Advancement Of Women's And Lgbtq+ Rights Through Free Trade Agreements, Raj Bhala, Cody N. Wood 2019 University of Kansas School of Law

Two-Dimensional Hard-Soft Law Theory And The Advancement Of Women's And Lgbtq+ Rights Through Free Trade Agreements, Raj Bhala, Cody N. Wood

Georgia Journal of International & Comparative Law

No abstract provided.


Table Of Contents - Vol. 47, Issue No. 2, Georgia Journal of International and Comparative Law 2019 University of Georgia School of Law

Table Of Contents - Vol. 47, Issue No. 2, Georgia Journal Of International And Comparative Law

Georgia Journal of International & Comparative Law

No abstract provided.


Residential Requirements In The Intercountry Adoption Process: Protectionist Measure Or Insurmountable Barrier?, Morgan R. Thomas 2019 University of Georgia School of Law

Residential Requirements In The Intercountry Adoption Process: Protectionist Measure Or Insurmountable Barrier?, Morgan R. Thomas

Georgia Journal of International & Comparative Law

No abstract provided.


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