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25,671 full-text articles. Page 2 of 535.

The Archipelagic States Concept And Regional Stability In Southeast Asia, Charlotte Ku 2019 Texas A&M University School of Law

The Archipelagic States Concept And Regional Stability In Southeast Asia, Charlotte Ku

Charlotte Ku

No abstract provided.


The Jekyll And Hyde Story Of International Trade: The Supreme Court In Phrma V. Walsh And The Trips Agreement, Srividhya Ragavan 2019 Selected Works

The Jekyll And Hyde Story Of International Trade: The Supreme Court In Phrma V. Walsh And The Trips Agreement, Srividhya Ragavan

Srividhya Ragavan

No abstract provided.


Spill-Over Reputation: Comparative Study Of India & The United States, Srividhya Ragavan 2019 Texas A&M University School of Law

Spill-Over Reputation: Comparative Study Of India & The United States, Srividhya Ragavan

Srividhya Ragavan

This paper compares India’s position with that of the US on the question of protection of well-known marks in the light of applicable international legal prescriptions. The discussion in this paper compares protection for famous foreign marks (as opposed to a famous mark). Famous foreign marks are those that have acquired fame in one country and hence, well-known in another country.


The Semisecret Life Of Late Mao-Era International Law Scholarship, James D. Fry, Huang Yining 2019 University of Hong Kong

The Semisecret Life Of Late Mao-Era International Law Scholarship, James D. Fry, Huang Yining

Pace Law Review

This Article is delimited by a focus on international law scholarship during the late Mao era, not on the PRC’s actual approach to or pronouncements on international law, mainly in order to respond directly to the assertion of U.S.-based international law scholars on late Mao-era scholarship. Of course, considerable ambiguity surrounds what constitutes scholarly work; no legal or even consensus definition generally exists. To be clear, definitions might exist in specific contexts such as the Foreign Agents Registration Act (“FARA”) of the United States, which prohibits foreign lobbying except for “bonafide religious, scholastic, academic or scientific pursuits ...


Adoption Of A Second Optional Protocol To The Convention On The Elimination Of All Forms Of Discrimination Against Women As A Means Of Enhancing Lgbt Rights, Kellie Bruney 2019 DePaul University

Adoption Of A Second Optional Protocol To The Convention On The Elimination Of All Forms Of Discrimination Against Women As A Means Of Enhancing Lgbt Rights, Kellie Bruney

DePaul Journal of Women, Gender and the Law

No abstract provided.


The Corporate Waqf In Law And Practice, Aisha I. Saad 2019 Berkeley Law

The Corporate Waqf In Law And Practice, Aisha I. Saad

Berkeley Journal of Middle Eastern & Islamic Law

Over the past fifty years, the corporate waqf has emerged in Turkey, Pakistan, India, Bangladesh, and Malaysia. Corporate waqf hybridizes the Islamic trust (the waqf) and the modern Western corporation to create a charitable endowment whose asset base consists of shares in a company. The corporate waqf has gone virtually unnoticed in Western scholarship, and, until now, comprehensive theorization and mainstreamed models of the corporate waqf have not been developed. Such an effort would benefit from comparative reference to the foundation-owned firms of Northern Europe, which have attracted scholarly attention in the past decade due to their favorable economic performance ...


The Origins Of The Jones Act Of Puerto Rico, Stephanie Mercedes 2019 The Graduate Center, City University of New York

The Origins Of The Jones Act Of Puerto Rico, Stephanie Mercedes

All Dissertations, Theses, and Capstone Projects

After the Spanish-American War that ended in 1898, Puerto Rico was given to the United States by Spain as a war booty, becoming a US colony. The first law ever created by the United States to control Puerto Rico was the Foraker Act (also known as the Organic Act of 1900). This established a civilian government in Puerto Rico. It also extended the federal government rulings to the island. After its creation, the Puerto Rican population began to wonder what their political status was since nothing was concretized until the Jones Act was signed. The Merchant Marine Act of 1920 ...


Congressional Administration Of Foreign Affairs, Rebecca Ingber 2019 Boston University School of Law

Congressional Administration Of Foreign Affairs, Rebecca Ingber

Faculty Scholarship

Longstanding debates over the allocation of foreign affairs power between Congress and the President have reached a stalemate. Wherever the formal line between Congress and the President’s powers is drawn, it is well established that as a functional matter, even in times of great discord between the two branches, the President wields immense power when he acts in the name of foreign policy or national security.

And yet, while scholarship focuses on the accretion of power in the presidency, presidential primacy is not the end of the story. The fact that the President usually “wins” in foreign affairs does ...


Jpmorgan Chase London Whale H: Cross-Border Regulation, Arwin G. Zeissler, Andrew Metrick 2019 Yale University

Jpmorgan Chase London Whale H: Cross-Border Regulation, Arwin G. Zeissler, Andrew Metrick

Journal of Financial Crises

As a global financial service provider, JPMorgan Chase (JPM) is supervised by banking regulatory agencies in different countries. Bruno Iksil, the derivatives trader primarily responsible for the $6 billion trading loss in 2012, was based in JPM’s London office. This office was regulated both by the Office of the Comptroller of the Currency (OCC) of the United States (US) and by the Financial Services Authority (FSA), which served as the sole regulator of all financial services in the United Kingdom (UK). Banking regulators in the US and the UK have entered into agreements with one another to define basic ...


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 ...


Redefining Leadership In The Age Of The Sdgs: Accelerating And Scaling Up Delivery Through Innovation And Inclusion, Phumzile Mlambo-Ngcuka, Rangita de Silva de Alwis 2019 United Nations

Redefining Leadership In The Age Of The Sdgs: Accelerating And Scaling Up Delivery Through Innovation And Inclusion, Phumzile Mlambo-Ngcuka, Rangita De Silva De Alwis

Faculty Scholarship at Penn Law

In 2015 the United Nations adopted seventeen Sustainable Development Goals (SDGs) to promote prosperity while protecting the environment. Our research examines how the SDGs, considered the grandest vision for sustainable development for the world, can be accelerated by ambitious leaders in the field of innovation. Through careful selection based on the type of industry, scale, impact, and diversity, we study a cohort of bold leaders who are shaping a brave new world. In turn, the urgent charge of the SDGs provides a platform and an innovation lab to incubate new ideas for inclusion and technologies.


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 ...


The Dynamism Of Treaties, Yanbai Andrea Wang 2019 University of Maryland Francis King Carey School of Law

The Dynamism Of Treaties, Yanbai Andrea Wang

Maryland Law Review

How do treaties change over time? This Article joins a growing body of scholarship focusing not on formal change mechanisms but instead on informal change arising from a treaty’s implementation in practice. Informal implementation is often murky, poorly documented, and may be indistinguishable from noncompliance. Yet it is significant both doctrinally under the Vienna Convention on the Law of Treaties—a set of rules for the formation and operation of treaties—and in its own right, when it does not meet the requirements to be doctrinally relevant. Based on a deep dive into the history of one of the ...


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 ...


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 ...


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