Subjects -> LAW (Total: 1584 journals)
    - CIVIL LAW (38 journals)
    - CONSTITUTIONAL LAW (52 journals)
    - CORPORATE LAW (93 journals)
    - CRIMINAL LAW (28 journals)
    - CRIMINOLOGY AND LAW ENFORCEMENT (155 journals)
    - FAMILY AND MATRIMONIAL LAW (24 journals)
    - INTERNATIONAL LAW (191 journals)
    - JUDICIAL SYSTEMS (23 journals)
    - LAW (970 journals)
    - LAW: GENERAL (10 journals)

INTERNATIONAL LAW (191 journals)                     

Showing 1 - 191 of 191 Journals sorted alphabetically
Acta Juridica Hungarica     Full-text available via subscription   (Followers: 6)
African Journal of International and Comparative Law     Hybrid Journal   (Followers: 20)
African Yearbook of International Law Online : Annuaire Africain de droit international Online     Hybrid Journal   (Followers: 9)
Afrilex     Open Access   (Followers: 7)
Agora International Journal of Juridical Sciences     Open Access   (Followers: 3)
AJIL Unbound     Open Access  
American Business Law Journal     Hybrid Journal   (Followers: 25)
American Journal of International Law     Hybrid Journal   (Followers: 69)
American University International Law Review     Open Access   (Followers: 12)
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: 16)
Annual Survey of International & Comparative Law     Open Access   (Followers: 16)
Antitrust Chronicle - Competition Policy International     Full-text available via subscription   (Followers: 7)
Anuario Colombiano de Derecho Internacional     Open Access  
Anuario de Derechos Humanos     Open Access  
Anuario Español de Derecho Internacional     Full-text available via subscription   (Followers: 2)
Anuario español de derecho internacional privado     Partially Free  
Anuario Iberoamericano de Derecho Internacional Penal     Open Access   (Followers: 2)
Anuario Mexicano de Derecho Internacional     Open Access   (Followers: 1)
Arbitration International     Full-text available via subscription   (Followers: 20)
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: 17)
Australasian Policing     Full-text available via subscription   (Followers: 6)
Australian International Law Journal     Full-text available via subscription   (Followers: 23)
Australian Journal of Asian Law     Full-text available via subscription   (Followers: 4)
Austrian Review of International and European Law Online     Hybrid Journal   (Followers: 6)
Baltic Yearbook of International Law Online     Hybrid Journal   (Followers: 4)
Belli Ac Pacis : Jurnal Hukum Internasional     Open Access   (Followers: 2)
Berkeley Journal of International Law     Open Access   (Followers: 24)
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: 37)
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: 6)
Columbia Journal of Transnational Law     Open Access   (Followers: 9)
Common Law World Review     Full-text available via subscription   (Followers: 17)
Commonwealth Law Bulletin     Hybrid Journal   (Followers: 18)
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: 20)
Cornell International Law Journal     Open Access   (Followers: 6)
Corporate Governance An International Review     Hybrid Journal   (Followers: 17)
Criterios     Open Access  
Denver Journal of International Law and Policy     Full-text available via subscription   (Followers: 5)
Deusto Journal of Human Rights     Open Access   (Followers: 1)
Duke Journal of Comparative & International Law     Open Access   (Followers: 17)
European Business Law Review     Full-text available via subscription   (Followers: 17)
European Company Law     Full-text available via subscription   (Followers: 14)
European Foreign Affairs Review     Full-text available via subscription   (Followers: 34)
European Journal for Security Research     Hybrid Journal   (Followers: 2)
European Journal of International Law     Hybrid Journal   (Followers: 245)
European Journal of Migration and Law     Hybrid Journal   (Followers: 37)
European Labour Law Journal     Full-text available via subscription   (Followers: 18)
European Political Science     Hybrid Journal   (Followers: 43)
European Property Law Journal     Hybrid Journal   (Followers: 8)
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: 14)
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: 50)
Houston Journal of International Law     Full-text available via subscription   (Followers: 5)
ICSID Review : Foreign Investment Law Journal     Hybrid Journal   (Followers: 11)
Indian Journal of International Law     Hybrid Journal  
Inter: Revista de Direito Internacional e Direitos Humanos da UFRJ     Open Access   (Followers: 1)
Intergenerational Justice Review     Open Access  
International & Comparative Law Quarterly     Full-text available via subscription   (Followers: 271)
International Area Studies Review     Hybrid Journal   (Followers: 3)
International Commentary on Evidence     Hybrid Journal   (Followers: 1)
International Community Law Review     Hybrid Journal   (Followers: 9)
International Comparative Jurisprudence     Open Access   (Followers: 2)
International Human Rights Law Review     Hybrid Journal   (Followers: 30)
International Journal for Court Administration     Open Access   (Followers: 1)
International Journal for the Semiotics of Law     Hybrid Journal   (Followers: 7)
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: 29)
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: 64)
International Journal of Law, Policy and the Family     Hybrid Journal   (Followers: 20)
International Journal of Nuclear Law     Hybrid Journal   (Followers: 5)
International Journal of Political Economy     Full-text available via subscription   (Followers: 18)
International Journal of Private Law     Hybrid Journal   (Followers: 10)
International Journal of Public Law and Policy     Hybrid Journal   (Followers: 12)
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: 26)
International Planning Studies     Hybrid Journal   (Followers: 7)
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: 84)
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: 15)
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: 9)
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: 5)
Journal of Migration and Refugee Issues, The     Full-text available via subscription   (Followers: 34)
Journal of Private International Law     Hybrid Journal   (Followers: 7)
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: 17)
Korean Journal of International and Comparative Law     Hybrid Journal   (Followers: 2)
Law and Practice of International Courts and Tribunals     Hybrid Journal   (Followers: 22)
Legal Issues of Economic Integration     Full-text available via subscription   (Followers: 13)
Leiden Journal of International Law     Hybrid Journal   (Followers: 42)
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: 27)
Maryland Journal of International Law     Open Access   (Followers: 3)
Max Planck Yearbook of United Nations Law Online     Hybrid Journal   (Followers: 10)
Melbourne Journal of International Law     Full-text available via subscription   (Followers: 18)
Michigan State International Law Review     Open Access   (Followers: 6)
Netherlands International Law Review     Full-text available via subscription   (Followers: 21)
Netherlands Yearbook of International Law     Full-text available via subscription   (Followers: 16)
New Zealand Journal of Public and International Law     Full-text available via subscription   (Followers: 15)
New Zealand Yearbook of International Law, The     Full-text available via subscription   (Followers: 10)
Nordic Journal of International Law     Hybrid Journal   (Followers: 17)
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: 10)
Penn State Journal of Law & International Affairs     Open Access   (Followers: 4)
Polar Journal     Hybrid Journal   (Followers: 4)
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)
Revista Videre     Open Access   (Followers: 3)
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)
SASI     Open Access   (Followers: 4)
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: 12)
Syracuse Journal of International Law and Commerce     Open Access   (Followers: 3)
TDM Transnational Dispute Management Journal     Full-text available via subscription   (Followers: 6)
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: 4)
University of Miami Inter-American Law Review     Open Access   (Followers: 1)
Utrecht Journal of International and European Law     Open Access   (Followers: 17)
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: 12)
Yearbook of International Humanitarian Law     Full-text available via subscription   (Followers: 9)
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: 18)
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]
  • Comity & Calamity: Deference to the Executive and the Uncertain Future
           of the FSIA

    • Authors: Michael Cooper
      Abstract: In 1976, Congress set out to remedy the haphazard and politically influenced system by which foreign states were granted sovereign immunity from United States’ courts. Its remedy was the Foreign Sovereign Immunities Act (FSIA), which explicitly put the power to determine whether a foreign state should be granted immunity from a court’s jurisdiction in the hands of the judiciary. Moreover, with some minor exceptions, the FSIA did not explicitly contemplate any involvement from the executive branch in reaching those determinations. However, given that concerns involving foreign relations inherently arise when a foreign state is sued in U.S. courts, the courts often invite the executive branch to weigh in on FSIA disputes. This Note analyzes instances of the government acting as amicus curiae at the Supreme Court level and the amount of deference the Court gave to those arguments. It considers six cases that implicate differing provisions of the FSIA and also the statute as a whole. This Note seeks to establish that the FSIA’s explicit purpose of giving the courts primacy in determining sovereign immunity decisions has been watered down in practice, and to argue that the judiciary assert itself more firmly when making these determinations.
      PubDate: Tue, 21 Jul 2020 10:46:12 PDT
       
  • Kosovo's Controversial 100 Percent Tariff: An Analysis of Its
           Imosition and the Issues Bleeding Into the Conflict Between Kosovo and
           Serbia

    • Authors: Ernira Mehmetaj
      Abstract: On November 6, 2018, Kosovo imposed a 10 percent tariff on products imported from Serbia and Bosnia and Herzegovina. Later that month, on November 28, 2018, after Kosovo was denied membership in the International Criminal Police Organization, Kosovo increased the custom tariffs on Serbian and Bosnian goods from 10 to 100 percent. These actions resulted in a standstill of the European Union–mandated Belgrade-Pristina dialogue—a dialogue seeking to normalize the relations between the two states. Having the tumultuous history shared by Kosovo and Serbia as a backdrop, this Note analyzes the international agreements Kosovo is party to, specifically the Central European Free Trade Agreement and the Stabilization and Association Agreement. It further discusses whether Kosovo violated the same when imposing the tariff. With pressure from the international community to abolish the tariff completely, Kosovo temporary lifted the 100 percent tariff on raw materials imported from Serbia and imposed reciprocity measures. However, with this only occurring a few days after Kosovo’s Assembly passed a motion of no confidence, plunging Kosovo into constitutional chaos, the next steps Kosovo takes with regards to the tariff will weigh heavily on not only Kosovo’s future, but the international community as a whole.
      PubDate: Tue, 21 Jul 2020 10:46:08 PDT
       
  • Are Centralized Cryptocurrency Regulations the Answer' Three
           Countries; Three Different Directions

    • Authors: Rani Shulman
      Abstract: Virtual currencies have undoubtably been a topic of conversation and uncertainty for some time. Many countries have jumped ahead of the industry and regulated cryptocurrencies, while others have taken a back seat to see exactly how the market responds. This Note explores the history behind cryptocurrency and Blockchain and how governments worldwide have dealt with the growing concern regarding regulation of the often volatile and decentralized industry. By way of comparative analysis, this Note examines how China, Switzerland, and the United States have taken measures to either embrace or repudiate the industry, as well as how they have succeeded and failed at a regulatory scheme. This Note ends with a recommendation that the industry be regulated by its own constituents through a self-regulatory organization, similar to that of FINRA, and discusses whether this form of regulation can coexist with a centralized governmental authority.
      PubDate: Tue, 21 Jul 2020 10:46:05 PDT
       
  • Electromagnetic Conflict: The Implications of New Methods of Warfare and
           the Need for International Action

    • Authors: Joseph M. Nielsen
      Abstract: During the Summer of 2017, American diplomats stationed in Havana, Cuba began experiencing symptoms associated with traumatic brain injuries after hearing strange noises in the night. These symptoms ranged from mere nausea to memory loss and hearing loss. While there has been no definitive conclusion as to the cause of these symptoms, the world has speculated that American diplomats were subjected to sonic warfare by an unknown enemy whose identity has remained masked by the anonymity of this type of warfare. This Note explores the implications of sonic warfare and what the international community is able to do when battling a covert enemy. This Note also sets forth ideas to solve the problem and proposes extending current international law to explicitly bar sonic warfare from use by nations.
      PubDate: Tue, 21 Jul 2020 10:46:01 PDT
       
  • False Foods: Harmonizing the EU and US Organics Programs

    • Authors: Elizabeth G. Fudge
      Abstract: The growth of the importation and exportation of organic foods in recent years has led governments around the globe to take more aggressive approaches in overseeing and certifying such products. Currently, there is a discrepancy in how states certify and respond to non-compliance issues for imported organic products. This creates a strong need to harmonize organics programs, specifically between the EU and US programs, as they are the two largest consumers of organic products. Through auditing both the EU and US organic import programs, significant issues of non-compliance became exceedingly clear. This Note argues that the best solution for addressing current compliance issues is for the US to unilaterally adopt the EU’s organic import program, specifically the Trade Control and Expert System (TRACES) electronic certification program. The US’s implementation of the EU program would create greater harmonization globally, provide substantial benefits due to the superiority and longer history of TRACES, and would be more efficient than a multilateral agreement.
      PubDate: Tue, 21 Jul 2020 10:45:58 PDT
       
  • China's Belt and Road Initiative: An Examination of Project Financing
           Issues and Alternatives

    • Authors: August Nelson Dinwiddie
      Abstract: In 2013, China launched the Belt and Road Initiative (BRI) to realize the vision of revitalizing the ancient Silk Road. The BRI can be characterized as a vast infrastructure development initiative spanning over sixty-five countries that total almost half of the world's GDP. Since its launch, BRI projects have primarily been financed through commercial loans provided by Chinese banks, creating concerns over debt sustainability. At the top of these concerns are fears over whether participation in the BRI will lead to a "debt-trap scenaro." Public-Private Partnerships (PPPs) provide an alternative financing option. In project development under a PPP, particularly the Build-Own-Operate (BOT) and its variations, the private sector partner is responsible for financing the project, allowing governments to develop important infrastructure facilities without adding to public debt. However, only discrete assets in stand-alone projects have been developed in this manner. Since the BRI is a series of interconnected projects, exposure to project-to-project risk during the development and operation of the infrastrucuture facility can be severe. The BOT, along with many other PPP models, were not designed to absorb this level of project-to-project risk, which may contribute to its limited application within the BRI. This Note proposes the adoption of a BRI-unified framework and an idependent regulatory system to help provide more guidelines and oversight to BRI project development, which could have the effect of reducing project-to-project risk by creating more consistency and quality in PPP implementation. By mitigating this type of risk, PPPs could become a more attractive financing option. As a result, BRI debt sustainability levels could improve, and China could finally dispel the suspicion that the BRI is a thinly veiled form of "debt-trap" diplomacy.
      PubDate: Tue, 21 Jul 2020 10:45:54 PDT
       
  • An Inquiry into the Scope of MFN Provisions in Bilateral Investment
           Treaties

    • Authors: Amit Kumar Sinha
      Abstract: This article inquires into the scope of MFN treatment in Bilateral Investment Treaties. The article primarily analyzes the ways in which MFN treatment may be extended to foreign investors; this includes extending favorable treatment to a foreign investor in cases of internal/domestic measures and borrowing more favorable provisions from third-party BITs. This article attempts to shed light on the interpretation and dynamics of the use of MFN provisions for internal measures. It also delves into the rationale for borrowing provisions from third-party BITs. It further presents a critique of various tribunals’ decisions and scholarly discussions and writings that deal with the use of MFN clauses to borrow provisions from third-party BITs. Ultimately, the article suggests suitable approaches to interpret MFN provisions in BITs as per the interpretative methodologies provided under the VCLT. It argues that allowing MFN clauses to borrow provisions from third-party BITs may lead to treaty shopping, create jurisdictional problems, and promote free-ridership, which goes against the objective of any multilateral or bilateral system.
      PubDate: Tue, 21 Jul 2020 10:45:50 PDT
       
  • Constitutionalism and Africa's Agenda 2063: How to Build "The
           Africa We Want"

    • Authors: John Mukum Mbaku
      Abstract: In 2013, Africans, under the leadership of the African Union, set out to develop a “strategic framework for the socio-economic transformation of the continent over the next 50 years.” This new development program was expected to “accelerate the implementation of past and existing continental initiatives for growth and sustainable development.” This transformative program, called Agenda 2063: The Africa We Want, was officially adopted by the Assembly of Heads of State and Government of the African Union in Addis Ababa, Ethiopia in January 2015. The heart of this ambitious development initiative are seven aspirations, which Africans hope to achieve by the year 2063. Unfortunately, given the fact that most African countries currently have governing processes that are not undergirded by adherence or fidelity to the rule of law, they will not be able to contribute positively to the fulfilment of these aspirations. Consequently, robust institutional reforms must be the first step toward the implementation of Agenda 2063. Each African country must provide itself with a governing process that enhances the practice of constitutional government and constitutionalism—the latter providing the necessary enabling environment for the achievement of the goals elaborated in Agenda 2063. This especially includes peaceful coexistence of subcultures and the creation of the wealth that is needed to alleviate poverty and significantly increase the people’s quality of life.
      PubDate: Tue, 21 Jul 2020 10:45:46 PDT
       
  • A Keystroke Causes a Tornado: Applying Chaos Theory to International Cyber
           Warfare Law

    • Authors: Daniel Garrie et al.
      Abstract: Cyber warfare today finds itself on the front page of the news daily. It is increasingly apparent that the cyber domain demands more guidance, with leaders opting for the deployment of cyber capabilities to bypass kinetic warfare norms. Proposed solutions abound, but none adequately address the specific features of cyber warfare that set it apart from traditional kinetic warfare. This Article argues that a new legal framework is necessary to properly address this problem, and such a doctrine should incorporate principles of chaos theory. Chaos theory is a branch of mathematics dealing with complex systems, with the most well-known example of chaos theory being the butterfly effect, which posits that a butterfly flapping its wings in Brazil can cause a tornado in Texas. Similarly, a keystroke made in the United States can debilitate an Iranian intelligence agency, and in order to address this phenomenon, legal frameworks have to modernize to account for the features that make such consequences possible in the first place.
      PubDate: Tue, 21 Jul 2020 10:45:42 PDT
       
  • Looking to the United Kingdom to Overhaul New York State’s Paid Family
           Leave Law and Close the Global Gender Gap

    • Authors: John Pietruszka
      Abstract: The World Economic Forum estimates that mitigating gender-based disparities in the area of economic participation could lead to substantial economic benefits for the global economy. However, the international system of sovereign states requires this effort be piecemeal, as each state must set priorities to achieve greater gender parity within its own economic, political, and cultural contexts. The United States, by virtue of being the largest economy in the world by nominal GDP, undoubtedly has one of the largest roles to play in the effort to mitigate this global problem. Nonetheless, it lags behind other nation-states in several key areas that factor into economic participation. This can be attributed in part to the lack of effective mandatory paid parental leave policies at the state and federal levels. This Note examines how New York State, as one of a handful of states with a mandatory paid family leave policy, could more effectively implement a paid family leave regime by looking to the employee levy model similar to that used in the UK, or alternatively looking to sources of international law. It primarily considers how such legal models would offer a broader scope of eligibility, a greater amount of leave entitlement, a longer duration of coverage, and improve funding—while also benefiting employers in surprising ways. This Note seeks to contribute to the literature surrounding law reform in New York State and the greater United States by presenting an argument that the policy developments advocated for here would diminish gender-based disparities in New York State, the broader United States, and ultimately across the globe, while simultaneously benefitting US citizens.
      PubDate: Tue, 28 Jan 2020 13:29:05 PST
       
  • Third-Party Funding: The Road to Compatibility in International
           Arbitration

    • Authors: Vienna Messina
      Abstract: Third-party funding in global commerce and dispute resolution has gained considerable traction in the last few decades. The rise in complex international arbitration cases has encouraged a demand for third-party funding arrangements since the disputes involve large amounts of money in addition to high legal costs. This Note explores the implications of third-party funding on the practice of international arbitration, particularly with the expansion of arbitral institutions’ doctrinal rules to address the use of third-party funding. Much of the pre-existing research and literature highlights the issues that third-party funding poses in international arbitration proceedings, but fails to consider a broader, more wholesome approach to regulating the phenomenon. This Note posits that instead of addressing the use of third-party funding issue by issue, such as privilege, disclosure, conflicts of interest, etc., scholars and practitioners should consider whether the continued use of third-party funding will change the current procedural arbitration proceeding framework.
      PubDate: Tue, 28 Jan 2020 13:29:02 PST
       
  • The Clone Wars: The Right to Embryonic Gene Editing Under German Law

    • Authors: Keren Goldberger
      Abstract: Germany has the strictest genetic engineering laws in the world and bans virtually all kinds of embryonic gene editing. Since the invention of CRISPR, however, embryonic gene editing is more precise, and the possibilities of curing genetic diseases are more real than ever. This Note will argue for the right to embryonic gene editing through an analysis of German constitutional privacy and right to life jurisprudence. Ultimately, this Note argues for a right to procreate under German law that is backed by the state’s affirmative duty to encourage and protect life. When the technology is available, German Law should not be able to stop couples from curing their future children of genetic diseases.
      PubDate: Tue, 28 Jan 2020 13:28:59 PST
       
  • Sovereign Immunity for Russia's Rocket Engines' Enforcing the
           "Yukos" Award

    • Authors: Evan Drake
      Abstract: In 2003 Yukos Oil Company was once the largest oil company in Russia, and its oligarch CEO was Russia’s richest man. By 2007 Yukos had been dissolved, its CEO arrested, and its assets acquired by Russian state oil giants Rosneft and Gazprom. The fall of Yukos triggered what may be the largest arbitral dispute of all time. In 2014, the former shareholders of Yukos successfully won a $50 billion award against Russia for violations of the Energy Charter Treaty – by far the largest in history. Now the shareholders need to collect. This Note examines how Yukos could enforce its award by attaching high-value Russian government assets in the United States, in particular the RD-180/181 engines used to power the Atlas V and Antares rockets.
      PubDate: Tue, 28 Jan 2020 13:28:56 PST
       
  • Global Implementation of Soda Taxes: Is There a Better Solution for
           Combatting Obesity'

    • Authors: Lauren Cedeno
      Abstract: As incidences of overweight and obese populations continue to increase around the world, countries are looking for ways to decrease the prevalence of this epidemic. Soda and SSB taxes have increased in prevalence as countries seek to address the health problems associated with consumption of soda and other sugary beverages. This Note explores the implementation of these taxes in Mexico, Europe, and the United States. In analyzing these taxes, this Note seeks to gain a greater understanding of whether these taxes have impacted overweight and obesity rates in the countries and municipalities that have enacted them. This Note argues that soda and SSB taxes are only the first step in addressing this growing health epidemic and that more robust health policies are necessary to achieve a healthier global population.
      PubDate: Tue, 28 Jan 2020 13:28:53 PST
       
  • Kicking the Law: The Effects of FIFA Regulations on a World Cup Host
           Country’s Legislative Process in Regards to Intellectual Property
           Protection

    • Authors: Nicole-Amanda Brandofino
      Abstract: Brand protection is highly sought after by large organizations that seek to monetize valuable intellectual property. At the international level, treaties such as the TRIPS Agreement allow for protection amongst signatory nations. As a leader in the international sports field, FIFA has capitalized on its well-known brand throughout the world through the selling of merchandise and licensing to influential third parties. With the occurrence of the World Cup every four years, FIFA strives to uphold the high revenue it earns through its wide intellectual property portfolio. As the World Cup host country prepares for the tournament, it must abide by FIFA’s stringent regulations, including the requirement to protect the FIFA brand by any means necessary. This Note analyzes the legislative and judicial issues posed through these strict regulations as World Cup host countries are burdened with the task of implementing and amending laws in order to protect FIFA’s brand when the World Cup is in session. This Note examines the most recent World Cup tournaments and how the host countries needed to adapt when facing these challenges, while also comparing the similar challenges faced during the preparation for the Olympic Games. In conclusion, this Note proposes possible solutions to ease the legislative burdens of World Cup host countries while maintaining brand protection for FIFA.
      PubDate: Tue, 28 Jan 2020 13:28:50 PST
       
  • Of Sustainable Development in Africa: Addressing the (In)Congruence of
           Plastic Bag Regulations with International Trade Rules

    • Authors: Regis Y; Simo
      Abstract: Several aspects of the trade policies of African countries suffer from neglect in the legal literature. When they are the object of research, the focus is sometimes limited to their participation in the dispute settlement system or on the enforceability of special and differential treatment provisions. While practice displays that African countries have almost never been the target of complaints for a number a reasons, those approaches do not always take into consideration African countries’ domestic measures affecting the flow of goods and services, which could eventually trigger disputes. This paper intends to fill that gap and add to the existing stream of research by tackling trade measures geared toward sustainable development and environmental protection in Africa, with a particular focus on the growing body of legislation to restrict the use plastic bags. Multilateral trading rules give the members of the World Trade Organization (WTO) flexibility to pursue social and environmental policies provided the latter are compliant with the provisions of the covered agreements. Some African countries have taken the steps to address the regulation of plastic bags by using quantitative restrictions or licensing schemes, while others have combined these border measures with domestic regulations. Coming from all parts of the continent, and all being WTO members, this is their contribution to the debate on sustainable development goals spelled out in the Marrakesh Agreement Establishing the WTO. This paper reviews these countries’ regulations, not only individually, but also within the framework of regional economic integration schemes in which they are parties, in search of their compatibility with the multilateral trade rules.
      PubDate: Tue, 28 Jan 2020 13:28:47 PST
       
  • Reducing the Governance Gap for Corporate Complicity in International
           Crimes

    • Authors: Seunghyun Nam
      Abstract: With increasing reports of corporations involved in serious human rights abuses that amount to international crimes, there are greater calls for states to hold these corporations accountable. Still, many obstacles and challenges remain when it comes to holding corporations accountable. Complex corporate structures, the extraterritorial dimension of the abuses, competition among states and businesses, lack of institutional capacity on the part of states, and lack of legal coordination among states collectively create an impunity gap. The case studies of the situation in Burma and the Democratic Republic of Congo involving foreign companies aim to illustrate this governance gap. With growing discussions on the possibility of a new treaty on business and human rights, this article provides a preliminary examination of how the UN and other international and regional institutions can influence states to address these challenges in order to prevent business involvement in serious human rights abuses at home and abroad.
      PubDate: Tue, 28 Jan 2020 13:28:44 PST
       
  • How Much Do Expert Opinions Matter' An Empirical Investigation of
           Selection Bias, Adversarial Bias, and Judicial Deference in Chinese
           Medical

    • Authors: Chunyan Ding
      Abstract: This article investigates the nature of the operation and the role of expert opinions in Chinese medical negligence litigation, drawing on content analysis of 3,619 medical negligence cases and an in-depth survey of judges with experience of adjudicating medical negligence cases. It offers three major findings: first, that both parties to medical negligence disputes show significant selection bias of medical opinions, as do courts when selecting court-appointed experts; second, expert opinions in medical negligence litigation demonstrate substantial adversarial bias; third, courts display very strong judicial deference to expert opinions in determining medical negligence liability. This article fills the methodological gap left by the existing literature because there has been no empirical discussion on expert opinions in Chinese civil litigation. Moreover, it has important implications for the ongoing reform of the medical negligence authentication mechanism proposed by the Chinese government. The article also sheds insights on the social, legal and institutional factors that contribute to selection bias, adversarial bias and judicial deference to expert opinions in the Chinese medical negligence litigation setting.
      PubDate: Tue, 28 Jan 2020 13:28:40 PST
       
  • Coming to Terms with Wartime Collaboration: Post-Conflict Processes &
           Legal Challenges

    • Authors: Shane Darcy
      Abstract: The phenomenon of collaboration during wartime is as old as war itself. During situations of armed conflict, civilians or combatants belonging to one party to the conflict frequently provide assistance to the opposing side in various ways, such as by disclosing valuable information, defecting and fighting for the enemy, engaging in propaganda, or providing administrative support to an occupying power. Such acts of collaboration have been punished harshly, with violent retribution often directed at alleged collaborators during armed conflict, while states and at times non-state actors have prosecuted and punished collaboration as treason or related offenses in times of war. The consequences of wartime collaboration endure beyond the end of hostilities, however, and often present particular challenges in divided post-conflict societies seeking to maintain peace and come to terms with the past. This article examines how the phenomenon of wartime collaboration has been addressed in the aftermath of armed conflict. It primarily considers the formal processes which have been employed for such purposes, including criminal trials, denaturalization proceedings, amnesties and truth commissions. It examines particular legal questions arising in this context, such as the scope of the principle of legality and the meaning of the defense of duress in light of the frequent use of coercion to secure collaboration. The article seeks to contribute to the literature on transitional justice, which has at times neglected the issue of collaborators, by examining how post-conflict processes have variously addressed their activities, liabilities and experiences.
      PubDate: Tue, 28 Jan 2020 13:28:38 PST
       
  • The OECD Multilateral Tax Instrument: A Model for Reforming The
           International Investment Regime'

    • Authors: Wolfgang Alschner
      Abstract: The international tax and investment regimes display striking similarities. They are both based on thousands of bilateral treaties that follow similar principles but differ in fine print. They each facilitate the free flow of international capital by respectively disciplining fiscal and regulatory host state conduct. Finally, they share common historical foundations and have experienced similar periods of rapid diffusion and deep contestation. Yet, while the international tax regime recently accomplished a sweeping reform to solve a decades-old legitimacy crisis, the investment regime is still grappling with its own legitimacy crisis and reform. In 2018, the multilateral tax instrument (MLI) entered into force updating thousands of bilateral taxation treaties to curb tax avoidance and prevent treaty abuse. The MLI preserves the existing bilateral tax governance structure while adding new multilateral elements, efficiently modernizes outdated bilateral agreements in both substance and procedure, and sets binding minimum standards while giving states the flexibility to contract out of and around its other provisions. This article argues that the multilateral tax instrument, specifically its (1) legal mechanics, (2) scope, and (3) design, provides a creative template of how to square bilateralism with multilateralism and can thus serve as inspiration for current efforts to reform the international investment regime.
      PubDate: Tue, 28 Jan 2020 13:28:34 PST
       
 
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