Subjects -> LAW (Total: 1492 journals)
    - CIVIL LAW (36 journals)
    - CONSTITUTIONAL LAW (50 journals)
    - CORPORATE LAW (90 journals)
    - CRIMINAL LAW (26 journals)
    - CRIMINOLOGY AND LAW ENFORCEMENT (151 journals)
    - FAMILY AND MATRIMONIAL LAW (23 journals)
    - INTERNATIONAL LAW (188 journals)
    - JUDICIAL SYSTEMS (22 journals)
    - LAW (897 journals)
    - LAW: GENERAL (9 journals)

INTERNATIONAL LAW (188 journals)                     

Showing 1 - 188 of 188 Journals sorted alphabetically
Acta Juridica Hungarica     Full-text available via subscription   (Followers: 6)
African Journal of International and Comparative Law     Hybrid Journal   (Followers: 18)
African Yearbook of International Law Online : Annuaire Africain de droit international Online     Hybrid Journal   (Followers: 11)
Afrilex     Open Access   (Followers: 5)
Agora International Journal of Juridical Sciences     Open Access   (Followers: 3)
AJIL Unbound     Open Access  
American Business Law Journal     Hybrid Journal   (Followers: 24)
American Journal of International Law     Hybrid Journal   (Followers: 64)
American University International Law Review     Open Access   (Followers: 11)
Annuaire Français de Droit International     Full-text available via subscription   (Followers: 2)
Annual Review of Law and Social Science     Full-text available via subscription   (Followers: 14)
Annual Survey of International & Comparative Law     Open Access   (Followers: 14)
Antitrust Chronicle - Competition Policy International     Full-text available via subscription   (Followers: 6)
Anuario Colombiano de Derecho Internacional     Open Access  
Anuario de Derechos Humanos     Open Access  
Anuario Español de Derecho Internacional     Full-text available via subscription   (Followers: 1)
Anuario español de derecho internacional privado     Partially Free  
Anuario Iberoamericano de Derecho Internacional Penal     Open Access   (Followers: 1)
Anuario Mexicano de Derecho Internacional     Open Access   (Followers: 1)
Arbitration International     Full-text available via subscription   (Followers: 22)
ASA Bulletin     Full-text available via subscription   (Followers: 5)
Asia-Pacific Journal of Ocean Law and Policy     Hybrid Journal  
Asian International Arbitration Journal     Full-text available via subscription   (Followers: 4)
Asian Journal of Comparative Law     Hybrid Journal   (Followers: 11)
Asian Journal of International Law     Hybrid Journal   (Followers: 18)
Australasian Policing     Full-text available via subscription   (Followers: 6)
Australian International Law Journal     Full-text available via subscription   (Followers: 22)
Australian Journal of Asian Law     Full-text available via subscription   (Followers: 4)
Austrian Review of International and European Law Online     Hybrid Journal   (Followers: 5)
Baltic Yearbook of International Law Online     Hybrid Journal   (Followers: 4)
Berkeley Journal of International Law     Open Access   (Followers: 23)
Boletin Mexicano de Derecho Comparado     Open Access   (Followers: 2)
Boston College International & Comparative Law Review     Open Access   (Followers: 13)
Brigham Young University International Law and Management Review     Open Access   (Followers: 2)
British Yearbook of International Law     Hybrid Journal   (Followers: 35)
Brooklyn Journal of International Law     Open Access   (Followers: 5)
California Western International Law Journal     Open Access   (Followers: 5)
Canadian Yearbook of International Law / Annuaire canadien de droit international     Full-text available via subscription   (Followers: 3)
Cape Town Convention Journal     Open Access  
Case Western Reserve Journal of International Law     Full-text available via subscription   (Followers: 5)
Chicago Journal of International Law     Full-text available via subscription   (Followers: 8)
Chinese Journal of Environmental Law     Hybrid Journal  
Chinese Journal of Global Governance     Open Access   (Followers: 3)
Chinese Journal of International Law     Hybrid Journal   (Followers: 24)
Climate law     Hybrid Journal   (Followers: 5)
Columbia Journal of Transnational Law     Open Access   (Followers: 9)
Common Law World Review     Full-text available via subscription   (Followers: 18)
Commonwealth Law Bulletin     Hybrid Journal   (Followers: 13)
Comparative and International Law Journal of Southern Africa     Full-text available via subscription   (Followers: 4)
Comparative Strategy     Hybrid Journal   (Followers: 10)
Computer Law Review International     Hybrid Journal   (Followers: 1)
Contemporary Security Policy     Hybrid Journal   (Followers: 19)
Cornell International Law Journal     Open Access   (Followers: 5)
Corporate Governance An International Review     Hybrid Journal   (Followers: 18)
Criterios     Open Access  
Denver Journal of International Law and Policy     Full-text available via subscription   (Followers: 5)
Deusto Journal of Human Rights     Open Access  
Duke Journal of Comparative & International Law     Open Access   (Followers: 17)
European Business Law Review     Full-text available via subscription   (Followers: 15)
European Company Law     Full-text available via subscription   (Followers: 12)
European Foreign Affairs Review     Full-text available via subscription   (Followers: 34)
European Journal for Security Research     Hybrid Journal   (Followers: 1)
European Journal of International Law     Hybrid Journal   (Followers: 222)
European Journal of Migration and Law     Hybrid Journal   (Followers: 40)
European Labour Law Journal     Full-text available via subscription   (Followers: 16)
European Political Science     Hybrid Journal   (Followers: 40)
European Property Law Journal     Hybrid Journal   (Followers: 6)
Fordham International Law Journal     Full-text available via subscription   (Followers: 21)
Foreign Policy Bulletin     Hybrid Journal   (Followers: 6)
Frontiers of Law in China     Hybrid Journal   (Followers: 2)
Georgetown Journal of International Law     Full-text available via subscription   (Followers: 12)
Georgia Journal of International and Comparative Law     Open Access   (Followers: 4)
Global Jurist     Hybrid Journal   (Followers: 7)
Global Justice : Theory Practice Rhetoric     Open Access   (Followers: 1)
Harvard International Law Journal     Free   (Followers: 51)
Houston Journal of International Law     Full-text available via subscription   (Followers: 5)
ICSID Review : Foreign Investment Law Journal     Hybrid Journal   (Followers: 12)
Indian Journal of International Law     Hybrid Journal  
Intergenerational Justice Review     Open Access  
International & Comparative Law Quarterly     Full-text available via subscription   (Followers: 261)
International Area Studies Review     Hybrid Journal   (Followers: 3)
International Commentary on Evidence     Hybrid Journal   (Followers: 1)
International Community Law Review     Hybrid Journal   (Followers: 10)
International Comparative Jurisprudence     Open Access   (Followers: 2)
International Human Rights Law Review     Hybrid Journal   (Followers: 27)
International Journal for Court Administration     Open Access   (Followers: 2)
International Journal for the Semiotics of Law     Hybrid Journal   (Followers: 6)
International Journal of Comparative and Applied Criminal Justice     Hybrid Journal   (Followers: 4)
International Journal of Comparative Labour Law and Industrial Relations     Full-text available via subscription   (Followers: 25)
International Journal of Discrimination and the Law     Hybrid Journal   (Followers: 8)
International Journal of Evidence and Proof     Full-text available via subscription   (Followers: 12)
International Journal of Information Privacy, Security and Integrity     Hybrid Journal   (Followers: 27)
International Journal of Language & Law     Open Access   (Followers: 3)
International Journal of Law in Context     Hybrid Journal   (Followers: 17)
International Journal of Law, Crime and Justice     Hybrid Journal   (Followers: 61)
International Journal of Law, Policy and the Family     Hybrid Journal   (Followers: 25)
International Journal of Nuclear Law     Hybrid Journal   (Followers: 4)
International Journal of Political Economy     Full-text available via subscription   (Followers: 17)
International Journal of Private Law     Hybrid Journal   (Followers: 10)
International Journal of Public Law and Policy     Hybrid Journal   (Followers: 11)
International Journal of Refugee Law     Hybrid Journal   (Followers: 39)
International Journal of Transitional Justice     Hybrid Journal   (Followers: 14)
International Law: Revista Colombiana de Derecho Internacional     Open Access   (Followers: 3)
International Negotiation     Hybrid Journal   (Followers: 15)
International Organizations Law Review     Hybrid Journal   (Followers: 20)
International Planning Studies     Hybrid Journal   (Followers: 6)
International Review of Law     Open Access   (Followers: 6)
International Review of the Red Cross     Full-text available via subscription   (Followers: 13)
International Security     Hybrid Journal   (Followers: 76)
Israel Law Review     Hybrid Journal   (Followers: 2)
Italian Yearbook of International Law Online     Hybrid Journal   (Followers: 4)
Ius Gentium     Open Access   (Followers: 4)
Jerusalem Review of Legal Studies     Hybrid Journal  
Journal of Biosecurity Biosafety and Biodefense Law     Hybrid Journal   (Followers: 3)
Journal of European Competition Law & Practice     Hybrid Journal   (Followers: 22)
Journal of Genocide Research     Hybrid Journal   (Followers: 14)
Journal of International Commercial Law and Technology     Open Access   (Followers: 3)
Journal of International Dispute Settlement     Hybrid Journal   (Followers: 16)
Journal of International Economic Law     Hybrid Journal   (Followers: 33)
Journal of International Humanitarian Legal Studies     Hybrid Journal   (Followers: 8)
Journal of International Political Theory     Hybrid Journal   (Followers: 19)
Journal of Law, Policy and Globalization     Open Access   (Followers: 18)
Journal of Liberty and International Affairs     Open Access   (Followers: 4)
Journal of Migration and Refugee Issues, The     Full-text available via subscription   (Followers: 34)
Journal of Private International Law     Hybrid Journal   (Followers: 11)
Journal of the History of International Law     Hybrid Journal   (Followers: 16)
Journal on the Use of Force and International Law     Full-text available via subscription   (Followers: 16)
Korean Journal of International and Comparative Law     Hybrid Journal   (Followers: 2)
Law and Practice of International Courts and Tribunals     Hybrid Journal   (Followers: 21)
Legal Issues of Economic Integration     Full-text available via subscription   (Followers: 12)
Leiden Journal of International Law     Hybrid Journal   (Followers: 38)
LEX     Open Access   (Followers: 1)
London Review of International Law     Hybrid Journal   (Followers: 8)
Loyola of Los Angeles International and Comparative Law Review     Open Access   (Followers: 9)
Loyola University Chicago International Law Review     Open Access   (Followers: 4)
Maastricht Journal of European and Comparative Law     Full-text available via subscription   (Followers: 24)
Maryland Journal of International Law     Open Access   (Followers: 3)
Max Planck Yearbook of United Nations Law Online     Hybrid Journal   (Followers: 9)
Melbourne Journal of International Law     Full-text available via subscription   (Followers: 17)
Michigan State International Law Review     Open Access   (Followers: 6)
Netherlands International Law Review     Full-text available via subscription   (Followers: 22)
Netherlands Yearbook of International Law     Full-text available via subscription   (Followers: 15)
New Zealand Journal of Public and International Law     Full-text available via subscription   (Followers: 13)
New Zealand Yearbook of International Law, The     Full-text available via subscription   (Followers: 9)
Nordic Journal of International Law     Hybrid Journal   (Followers: 19)
Northwestern Journal of International Human Rights     Open Access   (Followers: 5)
Northwestern Journal of International Law & Business     Open Access   (Followers: 5)
Notre Dame Journal of International & Comparative Law     Open Access   (Followers: 5)
Oromia Law Journal     Open Access   (Followers: 1)
Pace International Law Review     Open Access   (Followers: 8)
Palestine Yearbook of International Law Online     Hybrid Journal   (Followers: 6)
Penn State Journal of Law & International Affairs     Open Access   (Followers: 4)
Polar Journal     Hybrid Journal   (Followers: 5)
Public and Private International Law Bulletin     Open Access   (Followers: 2)
Recht der Werkelijkheid     Full-text available via subscription   (Followers: 2)
Review of European Community & International Environmental Law     Hybrid Journal   (Followers: 7)
Review of European, Comparative & International Environmental Law     Hybrid Journal   (Followers: 7)
Revista de Derecho de la Unión Europea     Open Access   (Followers: 4)
Revista de Direito Brasileira     Open Access   (Followers: 1)
Revista de la Secretaría del Tribunal Permanente de Revisión     Open Access  
Revista Tribuna Internacional     Open Access   (Followers: 1)
Revue québécoise de droit international / Quebec Journal of International Law / Revista quebequense de derecho internacional     Open Access   (Followers: 2)
Santa Clara Journal of International Law     Open Access   (Followers: 2)
South African Yearbook of International Law     Full-text available via subscription   (Followers: 2)
South Carolina Journal of International Law and Business     Open Access   (Followers: 4)
Stanford Journal of International Law     Full-text available via subscription   (Followers: 11)
Syracuse Journal of International Law and Commerce     Open Access   (Followers: 3)
TDM Transnational Dispute Management Journal     Full-text available via subscription   (Followers: 5)
Texas International Law Journal     Full-text available via subscription   (Followers: 5)
Tilburg Law Review     Open Access   (Followers: 5)
Transnational Environmental Law     Hybrid Journal   (Followers: 5)
Uniform Law Review     Hybrid Journal   (Followers: 3)
University of Miami Inter-American Law Review     Open Access   (Followers: 1)
Utrecht Journal of International and European Law     Open Access   (Followers: 16)
Vanderbilt Journal of Transnational Law     Free   (Followers: 5)
Virginia Journal of International Law     Free   (Followers: 4)
Washington University Global Studies Law Review     Open Access   (Followers: 11)
Wisconsin International Law Journal     Free   (Followers: 4)
World Journal of VAT/GST Law     Full-text available via subscription   (Followers: 1)
World Trade and Arbitration Materials     Full-text available via subscription   (Followers: 7)
Yale Journal of International Law     Free   (Followers: 18)
Yearbook of International Environmental Law     Hybrid Journal   (Followers: 13)
Yearbook of International Humanitarian Law     Full-text available via subscription   (Followers: 7)
Yearbook of Polar Law Online     Hybrid Journal  
Zeitschrift für Außen- und Sicherheitspolitik     Hybrid Journal   (Followers: 12)
Zeitschrift für das Privatrecht der Europäischen Union - European Union Private Law Review / Revue de droit privé de l'Union européenne     Hybrid Journal   (Followers: 1)
Zeitschrift für öffentliches Recht     Hybrid Journal   (Followers: 17)
Zeitschrift für Zivilprozess International     Hybrid Journal  

           

Similar Journals
Journal Cover
Brooklyn Journal of International Law
Number of Followers: 5  

  This is an Open Access Journal Open Access journal
ISSN (Print) 0740-4824
Published by Brooklyn Law School Homepage  [4 journals]
  • Safeguarding Democracy in Europe: A Bulwark Against Hungary’s
           Subversion of Civil Society

    • Authors: Hannah J. Sarokin
      Abstract: Spurred in large part by a mounting humanitarian crisis in Syria, the 2015 migrant crisis exposed deeply rooted fractures within the European Union regarding refugee resettlement. While the European Union worked to develop a synchronized response to the influx of refugees and asylees, Hungary defiantly sought to close its borders. In doing so, the Hungarian government targeted not only those seeking refuge, but its own civil society. In a series of opaque and overtly punitive legislative acts passed in the summer of 2018, Hungary criminalized any civil society activities that facilitate or assist with immigration. This Note will analyze the legality of Hungary’s new laws under the European Union Charter of Fundamental Rights and the European Convention on Human Rights. It will then proceed to discuss available avenues of redress for Hungary’s civil society organizations within the institutional frameworks of the European Union and the Council of Europe.
      PubDate: Tue, 20 Aug 2019 18:45:18 PDT
       
  • Comparative Analysis of the EU’s GDPR and Brazil’s LGPD: Enforcement
           Challenges with the LGPD

    • Authors: Abigayle Erickson
      Abstract: In the wake of the adoption of the European Union’s General Data Protection Regulation (GDPR) in May 2018, other countries and jurisdictions have contemplated personal data privacy legislation. In August 2018, the former president of Brazil, Michel Temer, signed the country’s comprehensive data privacy regulation, Lei Geral de Proteção de Dados Pessoais (LGPD), into law. Temer, however, vetoed many of the enforcement provisions. Shortly before leaving office, Temer signed an executive order creating a regulatory agency as the bill initially called for, but situated the agency under executive control instead of creating a wholly independent agency. This Note provides a brief history of the evolution of data privacy protections in both the European Union and Brazil and compares the GDPR and LGPD. This Note argues that the agency created by Temer is not enough to insure compliance with Brazil’s new law and proposes adoption of the GDPR’s enforcement mechanisms to compel compliance in Brazil.
      PubDate: Tue, 20 Aug 2019 18:45:04 PDT
       
  • The Plight of Georgia: Russian Occupation and the Energy Charter Treaty

    • Authors: Jennessa M. Lever
      Abstract: After the Five-Day Russo-Georgian War, Russia usurped Georgian separatist territories, including a stretch of the Baku-Supsa Pipeline which provides gas to Europe. The continued occupation by Russia endangers Georgian sovereignty, natural resources, and economic security and puts Europe’s gas security at risk. The Energy Charter Treaty (ECT), through provisional application, provides a unique opportunity to assist Georgia’s battle for territorial integrity. This Note will examine the ECT’s ability to provide a pathway for Georgian economic and energy security by holding Russia accountable for violations of the ECT and removing Russia’s stronghold on the region.
      PubDate: Tue, 20 Aug 2019 18:44:49 PDT
       
  • The Need for a Shared Responsibility Regime between State and Non-State
           Actors to Prevent Human Rights Violations Caused by Cyber-Surveillance
           Spyware

    • Authors: Anna W. Chan
      Abstract: Technology has undoubtedly contributed to the field of human rights. Internet connection and a smartphone has enabled activists to call out political leaders, shine light on human atrocities and organize mass protests through social media platforms. This has resulted in many authoritarian governments spending large amounts of their resources to purchase cyber-surveillance spyware systems from multi-national corporations to closely monitor and track their citizens for any signs of dissidence. Such technology has enabled authoritarian regimes to commit human right violations ranging from invasion of privacy, arbitrary arrest, arbitrary detention, torture and even murder. Despite the uncovering of such questionable transactions by journalists and civil society groups, multinational corporations continue to sell such products to governments with troubling human rights practices without any legal liability. Similar to the reports of unpunished criminal misconduct and human rights abuses committed by contracted private military security companies in Afghanistan and Iraq, corporations selling surveillance spyware have also escaped accountability. This is in part due to the significant difficulty in finding corporate entities liable under the current international legal system and the general inapplicability of international human rights laws to non-state actors. This is especially disconcerting when multinational corporations have emerged to be such powerful actors in modern societies due to globalization and the privatization of many governmental functions. This Note responds to this problem by proposing a new shared responsibility regime between state and non-state actors, where the state becomes an accountable stakeholder in order to better regulate the sale of surveillance spyware and provide a better possibility of recourse to victims of human rights violations. Inspired by the multi-stakeholder approach taken in the development of the International Code of Conduct for Private Security Service Providers and its oversight committee, the International Code of Conduct Association, this Note calls for an analogous system in the regulation of surveillance spyware exports.
      PubDate: Tue, 20 Aug 2019 18:44:31 PDT
       
  • “Why Did Constantinople Get the Works' That’s Nobody’s Business
           but the Turks.” A New Approach to Cultural Property Claims and
           Geographic Renaming Under the 1970 UNESCO Convention

    • Authors: Kasey Theresa Mahoney
      Abstract: The landscape of cultural property and cultural heritage discourse is continually evolving, and the traditional means of regulating disputes must not only be adapted to the current climate but proactively address foreseeable future concerns. This Note explores the Republic of Turkey’s increasing litigiousness with regard to its reparation claims and, further, considers the notion of culture as geographic boundaries transform over the course of time. This Note will analyze the leading international cultural property treaty, the 1970 UNESCO Convention, and recommend UNESCO adopt two mandates to curb the chilling effect current litigation has had on the preservation and dissemination of cultural property and to address the ambiguities ripe within the concept of culture.
      PubDate: Tue, 20 Aug 2019 18:44:12 PDT
       
  • Trade Secret Protection in Japan and the United States: Comparison and
           Recommendations

    • Authors: Thomas Landman
      Abstract: Trade secret law is a vital, yet often misunderstood, form of intellectual property law. As economic superpowers, both Japan and the United States realize that effective trade secret protection is essential for the prosperity of their domestic economies, and both nations have enacted laws to protect their trade secrets. While both Japan and the United States are signatories to the TRIPS agreement and therefore provide a shared baseline standard of trade secret protection, cultural and systemic differences between the two nations have resulted in differences in the way each nation implements its trade secret laws. This Note traces the history of trade secret protection in Japan and the United States, describes the laws currently in effect while highlighting their similarities and differences, and offers suggestions on how each nation could further strengthen and harmonize its trade secret laws.
      PubDate: Tue, 20 Aug 2019 18:43:53 PDT
       
  • Grinding Down the Edges of the Free Expression Right in Hong Kong

    • Authors: Stuart Hargreaves
      Abstract: In the liberal-democratic tradition limits on speech must be clear, precise, and subject to justification within the particular constitutional framework of a given jurisdiction. In the Hong Kong Special Administrative Region (HKSAR), the Court of Final Appeal has developed a line of jurisprudence that explains under which circumstances the Government of Hong Kong (Government) may seek to limit the free speech provisions contained within the Basic Law, Hong Kong's quasi-constitution. In its fight against ‘localists,’ however, rather than legislating a clear speech restriction that is consistent with this jurisprudence, the Government has instead attempted to suppress unwelcome political speech in a different way, by pushing back against localists across a number of policy domains. It, along with public bodies and other establishment voices, has justified these actions by claiming that open avocation or perhaps even mere discussion of localism is itself automatically ‘unconstitutional.’ This author argues, however, that the Basic Law is essentially vertical in its operation, defining the structure and values of the Region and from there its relationship to the citizen. Thus, it is not the people of Hong Kong that are directly bound by the terms of the Basic Law, but rather the Government itself. This article suggests that grinding down the edges of the free speech right on the basis of the false perspective is not only wrong, it is counter-productive. Though only a tiny number of Hong Kongers identify with the localist position, an aggressive campaign against their political speech rights may serve to reinforce the perception amongst the wider population that the ‘one-country, two systems’ model is not as robust as previously believed—and thus ironically making the localists’ point for them.
      PubDate: Tue, 20 Aug 2019 18:43:40 PDT
       
  • Roots of Revolution: The African National Congress and Gay Liberation in
           South Africa

    • Authors: Joseph S. Jackson
      Abstract: South Africa’s post-apartheid constitutions were the first in the world to contain an explicit prohibition of discrimination on grounds of sexual orientation, and that prohibition established the foundation for marriage equality and broad judicial and legislative protection of gay rights in South Africa. The source of this gay rights clause in the South African Constitution can be found in the African National Congress’s decision to include such a clause in the ANC’s A Bill of Rights for a New South Africa, published when the apartheid government of South Africa was still in power. This article traces the story of that decision, and demonstrates that the gay rights clause was included in the ANC’s draft Bill of Rights as a direct result of the ANC’s Women’s Section’s demand that the ANC confront and address a broader problem: the oppression of women. First, the article lays out the context, explaining the origins of the ANC’s Constitutional Committee, its work in presenting alternative models for a future constitutional order, and its success in securing the ANC’s commitment to true multi-party democracy and an enforceable bill of rights. The article then shows that leaders of the ANC’s Women’s Section, dissatisfied with the ANC’s constitutional proposals as they stood, sparked a thorough-going examination of the problem of sexism and women’s oppression. This examination prompted the ANC to recognize the fundamental human right of gay men and lesbians to be who they are, and led the ANC to prohibit discrimination on grounds of sexual orientation in its draft Bill of Rights.
      PubDate: Tue, 20 Aug 2019 18:43:22 PDT
       
  • A Third Way of Thinking about Cultural Property

    • Authors: Lucas Lixinski
      Abstract: The article argues that the dichotomy between nationalism and internationalism with respect to cultural property, while formative, has outlived its utility, and in many respects compromised the viability of the public good it aims to safeguard. Focused on the example of cultural property in international law, this article argues for more community-centric forms of governance, beyond the interests of states and an undefined “international.” It extrapolates the lessons from cultural property to other forms of resource governance in international law.
      PubDate: Tue, 20 Aug 2019 18:43:12 PDT
       
  • Forging Taiwan’s Legal Identity

    • Authors: Margaret K. Lewis
      Abstract: The legal system in Taiwan is undergoing a transformation. Over a hundred years since the founding of the Republic of China and over thirty years since the end of martial law on Taiwan, a new legal identity is being forged. Public criticism of “dinosaur” judges and esoteric debates among law-trained elites have galvanized efforts to create a more inclusive discussion surrounding legal reforms. Taiwan is facing the challenge of moving from dinosaurs to dynamism. This Article argues that transparency, clarity, and participation both are animating principles of the current reform debate and are beginning to emerge as characteristics of Taiwan’s inchoate legal identity. Embedding these values into Taiwan’s legal identity could, in turn, help foster a shared sense of identity among the populace regarding what it means to be Taiwanese. The trajectory of legal reforms is largely a domestic matter, yet it is tied to considerations that extend beyond Taiwan’s borders. This Article posits that reshaping Taiwan’s legal identity has the potential both to boost Taiwan’s international standing and to further chafe cross-strait tensions. A question to watch is whether the shadow of Beijing might serve as a damper on legal innovation in Taiwan, a point of contrast that emboldens Taiwan to celebrate its distinct system, or perhaps some combination thereof.
      PubDate: Tue, 20 Aug 2019 18:43:03 PDT
       
  • ARMENIA AND AZERBAIJAN’S STRUGGLE WITH OCCUPATION IN
           NAGORNO-KARABAKH

    • Authors: Carolyn Morway
      Abstract: The corrupt occupation of Nagorno-Karabakh and its surrounding areas has resulted in displaced civilians, chaotic military violence, poor judicial law-making, and hostile international relations. Analyzing the international law of occupation’s purposes and its humanitarian requirements illustrates that there is a need for change. Set against the backdrop of Nagorno-Karabakh’s precarious situation, the international community should take this opportunity to reformulate the international law of occupation with sovereignty and humanitarian principles guiding the change. The effort could prevent another such “frozen conflict.”
      PubDate: Fri, 26 Jul 2019 09:05:06 PDT
       
  • THE PRICE IS RIGHTS: GETTING THE UNITED ARAB EMIRATES UP TO INTERNATIONAL
           SPEED IN THE LABOR LAW DEPARTMENT

    • Authors: Janae C. Cummings
      Abstract: Despite a rapidly growing economy and a tremendous accumulation of wealth, the United Arab Emirates has facilitated many human rights abuses against migrant workers from impoverished countries throughout the world. The UAE’s system of recruitment, payment and living conditions put already vulnerable populations in considerably worse economic conditions by exploiting their labor and creating significant barriers to challenging the unjust employment system. After being sold on the idea that migrating to the UAE would bring a semblance of economic advancement, many migrants find themselves in inhumane working conditions and debt from having to pay excessive amounts of money to recruitment agencies. Lacking legal protection and morale, these migrant workers are left with the international protection of laws like the Universal Declarations of Human Rights, and they rely on international non-governmental organizations to pressure the UAE government to provide protection for this segment of the population. This Note will focus on the employment structure of the UAE, detailing its defective labor law system and the resulting human rights abuses that occur within the migrant population of the country. It will conclude with a suggestion to involve the international community with an integral role in assisting the UAE to develop structurally adequate labor laws that comply with internationally accepted human rights standards.
      PubDate: Fri, 26 Jul 2019 09:04:52 PDT
       
  • ANALYZING THE POTENTIAL FOR UNIVERSAL DISARMAMENT OF AUTONOMOUS WEAPONS
           SYSTEMS OR HOW I LEARNED TO STOP WORRYING AND LOVE THE KILLER ROBOT

    • Authors: Frank Nicholas Kelly
      Abstract: Lethal autonomous weapons systems (LAWS) have recently become the subject of debate among scholars, world leaders, nongovernmental organizations (NGOs), and the popular media. While the dangers of autonomous robotics have existed for decades in science fiction, technology has only recently made the implementation of robots capable of military combat a real possibility. With the advent of this technology, many government leaders, politicians, scientists, and business leaders are advancing the argument that just because autonomous weapons can exist does not mean they should. Some countries, however, have demonstrated a strong interest in the continued developing LAWS, making universal disarmament unlikely. This Note attempts to find a practical compromise by examining the unique characteristics of the weapons themselves, considering the various arguments for and against them, and drawing guidance from successful disarmament regimes.
      PubDate: Fri, 26 Jul 2019 09:04:37 PDT
       
  • VENEZUELA: A UNIQUELY SENIAN INSIGHT INTO A HUMAN RIGHTS CRISIS

    • Authors: Andrea I. Scheer
      Abstract: For over twenty decades, Venezuelan political leaders have blatantly disregarded their citizens’ human rights, leading to the downfall of Venezuela’s economy and democratic institutions, including severe food and medicine shortages, as well as staggering inflation rates. As a result, Venezuela provides a unique affirmation of the Capabilities Approach introduced by Professor Amartya Sen, which focuses not only on the freedoms that individuals possess, but also on what individuals are capable of doing as possessors of these freedoms. This Note seeks to use Sen’s Capabilities Approach to understand the nature and scope of Venezuela’s multidimensional crisis, arguing that a Senian approach provides a unique perspective into the complexity and deeply intertwined and mutually reinforcing dimensions of this crisis. This Note proposes that each citizen should be represented individually and that there must be an understanding that political freedoms and rights, as described by the Capabilities Approach, are inherently intertwined with the process of development. Finally, when it comes to evaluating rights, the focus should be on what an individual is able to do and be rather than defining these as to how many rights individuals may have under a constitution.
      PubDate: Fri, 26 Jul 2019 09:04:26 PDT
       
  • PURSUING A UNIVERSAL THRESHOLD FOR REGULATING INCITEMENT TO
           DISCRIMINATION, HOSTILITY OR VIOLENCE

    • Authors: Rebecca Meyer
      Abstract: The International Covenant on Civil and Political Rights (ICCPR) recognizes that although the right to freedom of expression is essential, it is not absolute. The ICCPR prohibits speech that incites to discrimination, hostility, or violence. The provision prohibiting such speech is important to protect individuals and communities. Yet, not all countries are adequately enforcing its mandate. Such countries are letting inciting speech spread and, in some instances, violence has ensued. Conversely, some countries are taking enforcement too far, using the criminalization of inciting speech as a tool to silence political dissent. In light of the divergent interpretations—each problematic in its own right—a universal standard is needed to effectuate the purpose of the provision prohibiting incitement.
      PubDate: Fri, 26 Jul 2019 09:04:13 PDT
       
  • CHANCING THE ARM TO SAVE THE FACE: THE FIGHT FOR IRISH GAELIC RECOGNITION
           AND ENDING THE STORMONT DEADLOCK

    • Authors: Samantha F. Sigelakis-Minski
      Abstract: Since January 2017, the Northern Irish government has been shut down, with both the Executive and Assembly collapsed and the two major political coalitions deadlocked. Since then, civil servants with no major decision-making power have largely run the government. One of the deadlock’s major battlegrounds is whether there should be legislation in Northern Ireland mandating that Gaeilge, or Irish Gaelic, be treated as a language of equal status to that of English. This Note explores this issue and argues that the right to equal language protections is founded in the right to one’s cultural identity, and as such should be granted, both for the sake of peace in Northern Ireland and its people’s heritage. It suggests that a compromise similar to the one enshrined in the Good Friday Agreement is necessary to achieve both of these aims, and that the current regime is ill-equipped to handle such a compromise.
      PubDate: Fri, 26 Jul 2019 09:03:58 PDT
       
  • FROM DISCRETION TO LAW: RIGHTS-BASED CONCERNS AND THE EVOLUTION OF
           INTERNATIONAL SANCTIONS

    • Authors: Christopher Roberts
      Abstract: This Article considers the manner in which rights-based concerns have increasingly impacted upon the nature of international sanctions regimes. First, this Article considers two better-known instances of this impact—the manner in which general sanctions became more targeted, and the manner in which due process concerns came to receive greater respect in the context of targeting decisions. Following these investigations, this Article turns to explore a third, under-recognized development—the gradual evolution of a sense that sanctions may be required in certain instances. It explores this development by highlighting the growing scope of understandings of responsibility within various bodies of public international law, on the one hand, as well as the increasing tendency to link sanctions measures to rights-based concerns in practice, on the other. Finally, this Article reflects on this evolution, observing the manner in which normative concerns are gradually reshaping decisions within a realm traditionally assumed to be one of political discretion.
      PubDate: Fri, 26 Jul 2019 09:03:44 PDT
       
  • MOVING FROM MANAGEMENT TO TERMINATION: A CASE STUDY OF PROLONGED
           OCCUPATION

    • Authors: David Hughes
      Abstract: In 2017, the Israeli occupation of the Palestinian territories reached a half-century in duration. This reignited a conversation amongst legal scholars. In articles and books, lawyers questioned the efficacy of occupation law. They asked whether it had become an anachronism. Across Israel and the Palestinian territories, those that directly invoke the law of occupation sought a more effective means of adapting the law to meet the exigencies of a fifty-year-old occupation. The accompanying debates recalled questions concerning the legal treatment of prolonged occupation. This article seeks to fundamentally alter the recurring discourse. Built around a detailed case study of Israel’s occupation of the West Bank, this article argues that as commonly interpreted, international law does not regulate, but instead facilitates prolonged occupation. Referencing various historical moments, the article describes when and how international law has been employed to entrench an occupying power’s control. These legal engagements are justified as responses to the exigencies of prolonged occupation. Such uses of international law, the article argues, are based on a common interpretative approach. This approach understands occupation as a fact or non-normative phenomenon. As a result, international law is unable to alter occupation. Instead, it may only manage it. Identifying the motive of management as a causal factor, this article argues that common responses to prolonged occupation may be necessary, but when taken within the occupation framework’s traditional, non-normative confines, they risk perpetuating occupation. They entrench a legal framework that is understood to neglect duration and curtail the inherent requirement of temporality. This interpretation of the occupation framework becomes susceptible to manipulation. In response, the article proposes a novel interpretative approach. This shifts the focus of the occupation framework. It emphasizes a conception of occupation as temporary and facilitates efforts to end the occupation. By recognizing that prolonged occupation constitutes an altered form of control, and grounding responses to this means of control in established legal principles, this amended normative approach identifies a legal basis under which an occupying power will be required to enable the conclusion of prolonged occupation. This reasserts the law of occupation’s relevancy and efficacy. It better aligns the purpose and function of occupation law with diplomatic objectives and international norms. And it shifts the discourse that accompanies prolonged occupation from management to termination.
      PubDate: Fri, 26 Jul 2019 09:03:33 PDT
       
  • AGAINST AVIATION ORTHODOXY: INDIA’S FOREIGN INVESTMENT REGIME FOR
           THE AIRLINE INDUSTRY

    • Authors: Jae Woon Lee et al.
      Abstract: The foreign investment regime governing the airline industry has been the subject matter of considerable debate. Our goal in this article is to supplement the literature by embarking on an analysis of the foreign investment regime in India and to cautiously suggest that India’s new regulatory reforms could be a harbinger for other states. A study of the foreign investment regime in the airline industry in India is both interesting and timely, for at least two reasons. First, India has nearly everything that bodes well for the growth of an aviation market, and it is one of the fastest growing aviation markets in the world. Second, the Indian Government has introduced substantial reforms to liberalize the aviation sector. Although India has transitioned from a highly restrictive regime to one that is among the most liberal in the world—and that too within a relatively short span of time—we argue in this article that the liberalized norms give rise to tension on several counts that is not easy to resolve. For instance, the policy creates a dichotomy between foreign airline investors (who face a restrictive regime) and non-airline investors (who enjoy a liberal regime). Moreover, the restrictions on “substantial ownership and effective control” that apply to the airline investors give rise to several issues in implementation. This is complicated further by the influence of several interest groups that seek to influence government policy in this area. These are generally incumbent airline companies and their controllers who seek to raise the bar for new entrants. Even if Indian domestic law on foreign investments can be addressed, the ownership and control requirements under various bilateral agreements between India and other countries (which cater for the operation of flights between those countries) tend to pose a stumbling block towards full liberalization. Unlike domestic laws which can be reformed unilaterally, India’s ability to unlock the investment restrictions under the bilateral agreements is much more circumscribed given that such negotiations occur within the realm of reciprocity. Despite various shortcomings in India’s foreign investment policy in the airline sector, the industry has witnessed massive growth. It remains to be seen whether resolving the regulatory problems will unleash its further potential. It will also be illuminating to see how and to what extent India’s new way will influence other states as to their policy.
      PubDate: Fri, 26 Jul 2019 09:03:21 PDT
       
  • RETHINKING ISDS

    • Authors: George Kahale III
      Abstract: The author is Chairman of Curtis, Mallet-Prevost, Colt & Mosle LLP and has acted as lead counsel for respondent states in many investor-state arbitrations, including several of the cases referred to herein. His article won the 2019 Burton Award for Distinguished Legal Writing.
      PubDate: Fri, 26 Jul 2019 09:03:14 PDT
       
 
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