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25,605 full-text articles. Page 5 of 532.

The Variation In The Use Of Sub-Regional Integration Courts Between Business And Human Rights Actors: The Case Of The East African Court Of Justice, James T. Gathii 2019 Loyola University Chicago, School of Law

The Variation In The Use Of Sub-Regional Integration Courts Between Business And Human Rights Actors: The Case Of The East African Court Of Justice, James T. Gathii

James T Gathii

No abstract provided.


Strength In Intellectual Property Protection And Foreign Direct Investment Flows In Least Developed Countries, James T. Gathii 2019 Loyola University Chicago, School of Law

Strength In Intellectual Property Protection And Foreign Direct Investment Flows In Least Developed Countries, James T. Gathii

James T Gathii

No abstract provided.


Saving The Serengeti: Africa's New International Judicial Environmentalism, James T. Gathii 2019 Loyola University Chicago, School of Law

Saving The Serengeti: Africa's New International Judicial Environmentalism, James T. Gathii

James T Gathii

This Article analyzes recent environmental law decisions of Africa's fledgling international courts. In 2014, for example, the East African Court of Justice stopped the government of Tanzania from building a road across Serengeti National Park because of its potential adverse environmental impacts. Decisions like these have inaugurated a new era of enhanced environmental judicial protection in Africa. This expansion into environmental law decision-making by Africa's international trade courts contrasts with other international courts that are designed to specialize on one issue area such as human rights or international trade, but not both. By contrast, Africa's international courts ...


Intending The Worst: The Case Of Isis’S Specific Intent To Destroy The Christians Of Iraq, Eric Osborne, Matthew Dowd, Ryan McBrearty 2019 Pepperdine University

Intending The Worst: The Case Of Isis’S Specific Intent To Destroy The Christians Of Iraq, Eric Osborne, Matthew Dowd, Ryan Mcbrearty

Pepperdine Law Review

Genocide has been called the “crime of crimes.” That superlative is well-stated. Genocide is the intentional destruction of an entire people—a worse crime is almost beyond comprehension. The very word conjures some of the most horrific images in recorded history. And yet our legal understanding of this most-important crime is limited. Because the crime of genocide requires specific intent, even horrific atrocities will not qualify as genocide as a matter of law if done for a purpose other than the intended destruction of a target group. Thus whether actions qualify as genocide and what type of evidence is sufficient ...


Arbitration And Mediation In Cross Border Disputes: Possibilities And Limitations, Young Hye Chun 2019 Pepperdine University

Arbitration And Mediation In Cross Border Disputes: Possibilities And Limitations, Young Hye Chun

Pepperdine Dispute Resolution Law Journal

No abstract provided.


The Legal Fog Of An Illusion: Three Reflections On "Organization" And "Intensity" As Criteria For The Temporal Scope Of The Law Of Non-International Armed Conflict, Jann K. Kleffner 2019 Swedish Defence University

The Legal Fog Of An Illusion: Three Reflections On "Organization" And "Intensity" As Criteria For The Temporal Scope Of The Law Of Non-International Armed Conflict, Jann K. Kleffner

International Law Studies

The "organization" of the non-State armed group and the "intensity" of the violence between it and its opponent(s) have emerged as the two key criteria to determine the temporal scope of the law of non-international armed conflict. These criteria have served to lift the fog of law in some important respects. Yet, several aspects of the temporal scope of the law of non-international armed conflict remain unsettled. This article addresses three of them, namely the assertion that the factors for ascertaining organization and intensity that have evolved in the jurisprudence of international criminal courts and tribunals are indicative rather ...


Unforced Errors, Legal Fulcrum & International Climate, Steven Ferrey 2019 Suffolk University Law School

Unforced Errors, Legal Fulcrum & International Climate, Steven Ferrey

Minnesota Journal of Law, Science & Technology

No abstract provided.


Up To The Task: Utilizing Collaboration To Combat Trafficking In Persons, Claire Schalin 2019 Pepperdine University

Up To The Task: Utilizing Collaboration To Combat Trafficking In Persons, Claire Schalin

Journal of the National Association of Administrative Law Judiciary

In this article, I will define trafficking and dispel some common myths that people believe about trafficking. This section will explain trafficking’s many forms and will demonstrate how trafficking can be a stationary crime rather than one requiring movement. Next, I will give a history of the legislation surrounding trafficking and common approaches to curbing the trafficking problem including arguments on both sides of decriminalization. In this section, I will present a country comparison on how different countries approach traffickers and victims of trafficking in their efforts to reduce trafficking in general. In addition to analyzing how varying countries ...


The Northern Ireland Broadcasting Ban: Some Reflections On Judicial Review, Geoffrey Bennett, Russell L. Weaver 2019 Notre Dame Law School

The Northern Ireland Broadcasting Ban: Some Reflections On Judicial Review, Geoffrey Bennett, Russell L. Weaver

Russell L. Weaver

This Essay initially examines the British government's ban on its broadcasting networks that restricts coverage of Northern Ireland organizations, and concludes by making some reflections on the system of judicial review in the United States. Professors Weaver and Bennett note that a comparable ban in the United States probably would be held unconstitutional. In Great Britain, however, the courts lack a similar power of judicial review, leaving the question of the Ban's legitimacy to the political process. While Great Britain enjoys a relatively free society, the authors conclude that government control over the British media poses troubling problems ...


Book Review: Crafted Legal Ambiguity In The South China Sea Arbitration, Ariel A. Hampton 2019 University of Maine School of Law

Book Review: Crafted Legal Ambiguity In The South China Sea Arbitration, Ariel A. Hampton

Ocean and Coastal Law Journal

People may initial not see the area known as the South China Sea as worthy of the trouble of an Arbitral Tribunal proceeding courtesy of the United Nations Convention on the Law of the Sea (UNCLOS), especially when they are unsure of the trouble it may bring. This area, rich in resources and firmly entrenched in various historical claims, became the subject of controversy between multiple nations. According to the NUS Centre for International Law in its book The South China Sea Arbitration: The Legal Dimension, the end to the controversy hinged on how the tribunal would choose to characterize ...


Sueños De Tánger: Extraterritorial Basque Crime Fiction On Immigration To Spain, Shanna Lino 2019 York University

Sueños De Tánger: Extraterritorial Basque Crime Fiction On Immigration To Spain, Shanna Lino

Studies in 20th & 21st Century Literature

As the world increasingly turns its attention to the European refugee crisis and to the 1.8 million who have arrived on that continent since 2014 as a consequence of being forced to flee their native countries’ war-torn cities and villages, questions continue to arise regarding the ethical and political responsibilities of Western nations to facilitate this exodus and to provide refugee and immigration services en route and at destination. Spain remains the intended port of arrival for thousands of Malians, Mauritanians, Moroccans, and Western Saharans who sometimes manage to escape war and extreme poverty only to find themselves stalled ...


Understanding Crime Gravity: Exploring The Views Of International Criminal Law Experts, Stuart Ford 2019 Selected Works

Understanding Crime Gravity: Exploring The Views Of International Criminal Law Experts, Stuart Ford

Stuart Ford

No abstract provided.


What Then Must We Do?: Why Rubin V. Islamic Republic Of Iran Leaves Victims Of State Sponsored Terror Attacks With Few Good Options, Sam Dougherty 2019 Boston College Law School

What Then Must We Do?: Why Rubin V. Islamic Republic Of Iran Leaves Victims Of State Sponsored Terror Attacks With Few Good Options, Sam Dougherty

Boston College Law Review

The United States Supreme Court should have expanded § 1610(g) of the Foreign Sovereign Immunities Act to allow United States victims of foreign state sponsored terror attacks to file attachments against any kind of property owned by a foreign government. This would have provided victims with a viable opportunity to execute the judgments of United States courts against foreign state defendants. Without an expanded § 1610(g), victims will continue to be trapped without any realistic path to recover the full amount of damages they have sustained.


Brand As Information Intermediary, Kishanthi Parella 2019 Selected Works

Brand As Information Intermediary, Kishanthi Parella

Kish Parella

The article describes the function of transnational corporations in many global supply chains as information intermediaries, which carries with it responsibilities and opportunities for incentivization.


Masthead Volume 9, 2019 Notre Dame Law School

Masthead Volume 9

Notre Dame Journal of International & Comparative Law

No abstract provided.


Protecting Internally Displaced Children In Armed Conflicts: Nigeria In Focus, Olaitan O. Olusegun Dr. (Mrs.), Adedokun Ogunfolu Dr. 2019 Department of Jurisprudence and Private Law, Faculty of Law, Obafemi Awolowo University, Ile-Ife, Osun State

Protecting Internally Displaced Children In Armed Conflicts: Nigeria In Focus, Olaitan O. Olusegun Dr. (Mrs.), Adedokun Ogunfolu Dr.

Notre Dame Journal of International & Comparative Law

Internal displacement, especially of children, is a common consequence of armed conflict. Children who become internally displaced as a result of armed conflict face significant trauma due to their vulnerability, in addition to the fact that many of them lose their parents before being moved to internal displacement camps. Moreover, the conditions of some of these camps are not favorable and may affect children’s health and wellbeing. Internally displaced children therefore need protection and care by the national governments of affected countries, with support from the international community. However, Nigeria has not effectively protected children who have been displaced ...


Family Leave: Comparing The United States' Family And Medical Leave Act With Sweden's Parental Leave Policy, Mallory Campbell 2019 University of Notre Dame Law School

Family Leave: Comparing The United States' Family And Medical Leave Act With Sweden's Parental Leave Policy, Mallory Campbell

Notre Dame Journal of International & Comparative Law

This Article focuses on parental leave in the United States, which mostly relies on the Family and Medical Leave Act (FMLA), and compares it to parental leave policies in other countries, particularly Sweden. While the FMLA has many drawbacks, Sweden and other countries have robust and progressive leave plans that the United States should look to in amending the FMLA or adopting a new parental leave policy.


Letter From The Editor, Lara Thiele 2019 University of Notre Dame Law School

Letter From The Editor, Lara Thiele

Notre Dame Journal of International & Comparative Law

No abstract provided.


The Necessity Of Human Rights Legal Protections In Mutual Legal Assistance Treaty Reform, Christine Galvagna 2019 Global Public Policy Institute, Berlin

The Necessity Of Human Rights Legal Protections In Mutual Legal Assistance Treaty Reform, Christine Galvagna

Notre Dame Journal of International & Comparative Law

Mutual legal assistance treaty (MLAT) reform is a transnational legal movement aimed at facilitating more rapid law enforcement access to cross-border data, while also preventing violations of state sovereignty through the exercise of extraterritorial jurisdiction over data. Efforts primarily focus on the United States (U.S.) mutual legal assistance (MLA) process, as it is exceedingly slow and convoluted, but also unavoidable, given that most major tech companies have their bases in the U.S. Recently proposed or enacted legal instruments include the U.S. CLOUD Act, the European Union’s (EU) e-Evidence proposal, Council of Europe’s forthcoming Additional Protocol ...


Opportunities And Challenges Seeking Accountability For War Crimes In Palestine Under The International Criminal Court's Complementarity Regime, Thomas Obel Hansen 2019 Transitional Justice Institute at Ulster University, Belfast, UK

Opportunities And Challenges Seeking Accountability For War Crimes In Palestine Under The International Criminal Court's Complementarity Regime, Thomas Obel Hansen

Notre Dame Journal of International & Comparative Law

The International Criminal Court (ICC) is currently conducting a preliminary examination of the situation in Palestine, involving allegations against Israeli authorities and military personnel as well as what the Prosecutor refers to as “Palestinian armed groups.” The preliminary examination creates a framework for advancing accountability norms in the Palestinian context and globally for international crimes committed by States with significant resources. However, the road to accountability is anything but straightforward. Indeed, several challenges relating both to the applicable legal framework and broader policy issues, could delay—or potentially even undermine—the accountability process, if not properly understood and managed. One ...


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