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Pace Environmental Law Review     Open Access   (Followers: 4)
Pace Intellectual Property, Sports & Entertainment Law Forum     Open Access   (Followers: 4)
Pace Intl. Law Review     Open Access   (Followers: 7)
Pace Law Review     Open Access   (Followers: 3)
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Pace International Law Review
Number of Followers: 7  

  This is an Open Access Journal Open Access journal
ISSN (Print) 1553-7897
Published by Pace University Homepage  [4 journals]
  • Can Social Media Corporations be held Liable Under International Law for
           Human Rights Atrocities'

    • Authors: Juliana Palmieri
      Abstract: This article examines the relevant international law associated with genocide and hate speech and examines whether there are any legal grounds to hold a corporation liable for how people chose to use its product or service in relation to human rights violations. The analysis begins with a brief overview of international criminal and human rights law, relevant treaties, jurisdictional issues, and the legal theories of corporate criminal liability and complicity. Because current international law provides no clear answer, this article proposes that international courts use a balancing test which evaluates a non-exclusive list of ten main factors.
      PubDate: Thu, 26 May 2022 10:17:00 PDT
  • World War I and the Armenian Genocide: Laying the Groundwork for Crimes
           Against Humanity

    • Authors: Julia Koch
      Abstract: For all of its advancements in international law, including delivering justice to the war criminals of the Second World War, the International Military Tribunal in Nuremberg has long been tainted with accusations of victors’ justice and criticized for violating the principle of nullem crimen sine lege. Such is the case for crimes against humanity, a crime that did not exist in positive international law until the 1945-46 legal proceedings in Nuremberg. But the historiography of the First World War—an era where punishment for war crimes is generally viewed as a wholesale failure—provides an additional, indeed novel, basis for understanding the Tribunal’s 1946 convictions for crimes against humanity as legitimate and not marred by accusations of victors’ justice. In particular, the 1915 declaration issued by the Allied powers in response to the Armenian genocide and the 1919 peace process, including the post-war report on war crimes, reveal that the convictions in Nuremberg for crimes against humanity were not the hollow farce that some suggest they were. Although the manner in which war crimes were dealt with following World War I is most commonly viewed as a failed effort, “crimes against humanity” was first coined as a term in international law during this period, and this essential linguistic thread not only connects the world wars but provides critical support for the International Military Tribunal’s later convictions.
      PubDate: Thu, 26 May 2022 10:16:57 PDT
  • Intellectual Property Rights and Competition Law for Transfer of
           Environmentally Sound Technologies

    • Authors: Mahatab Uddin
      Abstract: Battling against climate change, “a common concern of humankind,” is the most prominent global challenge of this century, and Environmentally Sound Technologies (“ESTs”) are the main tools to fight this battle. This article examines the juxtaposed role of Intellectual Property Rights (“IPRs”) and competition laws in facilitating wide-scale innovation and transfer of ESTs in developing and least developed countries. This article covers diverse IPRs, including patents and trade secrets. The discussion and analysis of the IPRs are based on the Agreement on Trade-Related Aspects of Intellectual Property Rights (“TRIPS”). And the discussion on competition law mainly focuses on competition related regulation of the European Union (EU). The article concludes with an examination of whether the current state of relevant national IPRs and competition laws can facilitate the transfer of ESTs in Bangladesh, which is considered to be one of the most climate change affected countries in the world. The article finds that the adoption of a suitable IPR regime can facilitate innovation and transfer of ESTs to developing and least developed countries. However, some countries can facilitate innovation and transfer of ESTs by using TRIPS’ flexibilities like compulsory licensing. Competition laws can also facilitate innovation and transfer of ESTs through expanding EST markets by preventing abuse of IPRs, for which countries’ competition laws should include guidelines. Finally, the article finds that the current relevant IPRs and competition related laws of Bangladesh are not suitable enough for creating a favorable environment for innovation and transfer of ESTs. Hence, this paper recommends amending these domestic laws in light of TRIPS and on the basis of national interests of Bangladesh.
      PubDate: Thu, 26 May 2022 10:16:54 PDT
  • Maritime Security and Threat of a Terrorist Attack

    • Authors: Aniruddha Rajput
      Abstract: The incidents of terrorism have multiplied and so have the routes through which the terrorists reach their targets. There is a threat of a terrorist attack from the sea route aimed at targets on the land. Until now the academic scholarship as well as treaty practice has focused on challenges of terrorism to the safety of navigation rather than terrorist threats originating from the sea. Efforts at treaty making in this direction in the past are inadequate to address the problem. This article analyses the legal framework within which response may be undertaken to neutralize a terrorist threat through preventive action or after the terrorist act has been committed. It is argued that it is possible for a coastal state to stay within the purview of the United Nations Convention on the Law of the Sea (UNCLOS) and take necessary actions against a terrorist vessel. All states are under an international obligation to suppress terrorism. Moreover, the UNCLOS mandates that the seas and oceans have to be used for peaceful purposes. There may not be an explicit reference to taking action against a terrorist vessel, yet there is adequate support for such an action as per the interpretation of various provisions of the UNCLOS. Although the extent of control exerted by the coastal state in the territorial sea, contiguous zone, continental shelf, Exclusive Economic Zone and the high seas varies yet in all these maritime zones coastal states can undertake necessary actions.
      PubDate: Thu, 26 May 2022 10:16:51 PDT
  • The Illegally Traded Elephant in the Room: Species Terrorism &
           Combating Illegal Wildlife Trade

    • Authors: Áine Dillon
      Abstract: The illegal wildlife trade has been a dilemma for decadesand remains prevalent globally – international intervention isrequired now. While most countries participate in the Conventionon International Trade in Endangered Species of WildFauna and Flora (“CITES”), not all countries have the same approachesto combating the illegal wildlife trade. Unique approachescan be beneficial because each illegally traded speciesrequires a different response, and countries with limited resourcescan also participate. However, the lack of a unified responsehinders the global fight against the illegal wildlife trade.While traditional methods to combat crime, such as passinglaws, are an excellent place to start, they are meaningless withouteffective enforcement and prosecution. Due to the complexityof the illegal wildlife trade, the lack of understanding severelyhinders the ability to effectively combat it. This commentbegins with reasons why the illegal wildlife trade is critical toconfront. This comment continues with illustrating what CITESis, CITES’s shortcomings, and other international organizationsthat aid in the fight against illegal wildlife trade. This commentthen details the potential approaches to decrease the demand forunsustainable wildlife products that come from endangered species.This comment will explain the community-based naturalresource management (“CBNRM”) approach and how it can empowercommunities and sustain biodiversity. This comment willthen discuss insufficient data collection and submission toCITES and how both can increase to aid in the global fightagainst wildlife crimes. This comment will explore how a lack ofenforcement on a national level affects the country and affectsthe world. This comment will conclude with recommendationson strengthening the fight against illegal wildlife trade using demandreducing programs, CBNRM where appropriate, increasedshared data, and more vigorous enforcement.
      PubDate: Thu, 30 Dec 2021 17:16:08 PST
  • Securing the Precipitous Heights: U.S. Lawfare as a Means to Confront
           China at Sea, in Space, and Cyberspace

    • Authors: Garret S. Bowman
      PubDate: Thu, 30 Dec 2021 17:16:05 PST
  • Corporate Wealth Over Public Health' Assessing the Resilience of
           Developing Countries' COVID-19 Responses Against Investment Claims
           and the Implications for Future Public Health Crises

    • Authors: Tim Hagemann
      Abstract: In the wake of the Covid-19 pandemic, states around the world swiftly enacted a multitude of far-reaching emergency responses to contain the viruses’ spread and to cope with the economic repercussions of the ensuing crisis. However, these measures detrimentally impacted the operating conditions of many businesses or, at the least, decreased their profitability. As this inevitably affected foreign investments, investors could be tempted to invoke “Investor State Dispute Settlement” (“ISDS”) clauses in International Investment Agreements (IIAs) to initiate proceedings before arbitral tribunals and seek compensation for loss of profit caused by states’ Covid-19 responses. Due to the specific circumstances in most developing countries, they were hit particularly hard by the crisis and are especially vulnerable to the threat of investment claims. It is therefore important to enable developing countries to realistically anticipate the risk of investment arbitration by assessing the chances of success of foreign investment claims against those policies that were most frequently adopted by them amidst the crisis. Against this background, this paper assesses how likely developing countries’ Covid-19 responses breached substantive standards of investor treatment under typical IIAs and which defense strategies states may invoke to justify their regulatory action. Based on this analysis, this paper concludes by formulating policy recommendations on how developing countries may enhance the resilience of their emergency responses against foreign investors amidst future public health crises.
      PubDate: Thu, 30 Dec 2021 17:16:03 PST
  • Overhaul of the SDT Provisions in the WTO: Separating the Eligible from
           the Ineligible

    • Authors: Md. Rizwanul Islam
      Abstract: The special and differential treatment (“SDT”) provisions have been a recurring feature in the agreements of the World Trade Organization (“WTO”) treaties. However, most analysts would probably agree that the many SDT provisions have been more aspirational than operational. Hence, there is little surprise that even a selective review of the WTO jurisprudence would demonstrate that the SDT provisions have, in most cases, not done enough for their intended beneficiaries. This paper will analyze the limitations of the SDT provisions with reference to the relevant WTO jurisprudence. It will seek to explore two potential avenues of endeavoring to make the SDT provisions engender more tangible outcomes for their intended beneficiaries. This article argues that although the two means discussed here may not seem connected, they indeed are.
      PubDate: Thu, 30 Dec 2021 17:16:00 PST
  • The United Nations and Human Rights Non-Governmental Organizations (NGOs)
           - Seventy-Five Years of Consultations, Collaboration, and Contributions

    • Authors: George E. Edwards
      Abstract: At the San Francisco Conference where the United Nations Charter was negotiated, participants and observers included representatives of “societies and organizations”—non-governmental organizations (NGOs). The precise number and identities of those NGOs is unclear, but 42 of the participants were consultants to the U.S. delegation that successfully lobbied for the Charter to include an official relationship between the U.N. and NGOs, and the promotion and protection of human rights. NGOs thus had a profoundly positive impact on the creation of the United Nations. For the first 75 years of the U.N.’s existence, NGOs have played an invaluable role in supporting the U.N. in its multi-varied missions, directly by acting in furtherance of the U.N.’s stated purposes, including regarding human rights, and indirectly by helping affiliated NGOs fulfill their own missions.
      PubDate: Tue, 08 Jun 2021 08:35:23 PDT
  • United Nations at 75 and the Challenges Facing International Law

    • Authors: Ved Nanda
      Abstract: On September 21, 2020, the Member States celebrated the seventy-fifth anniversary of the founding of the United Nations. In the Declaration marking the occasion, world leaders recounted the achievements of the body, including catalyzing decolonization, promoting and protecting human rights, working to eradicate disease, helping mitigate dozens of conflicts, and saving lives through humanitarian action. They also enumerated challenges the world faces, such as “growing inequality, poverty, hunger, armed conflicts, terrorism, insecurity, climate change, and pandemics.” These challenges, the Declaration said, are interconnected and can only be addressed through reinvigorated multilateralism, which, it emphasized, “is not an option but a necessity as we build back better for a more equal, more resilient and more sustainable world.”
      PubDate: Mon, 24 May 2021 14:16:24 PDT
  • The UN at 75: Success Stories From the Trusteeship System

    • Authors: Mark E. Wojcik
      Abstract: The seventy-fifth anniversary of the United Nations offers an opportunity to review its many contributions to world peace, development, human rights, and the rule of law. Among the purposes stated in its Charter, the United Nations sought “[t]o develop friendly relations among nations based on respect for the principle of equal rights and self-determination of peoples . . . .” The promotion of “self-determination of peoples” fell to the U.N. Trusteeship Council, one of the six organs of the United Nations. The Trusteeship Council suspended its work on November 1, 1994, one month after the Republic of Palau, the last of the original eleven trust territories, became an independent nation.
      PubDate: Mon, 24 May 2021 14:16:22 PDT
  • Doe v. Nestle, S.A.: Chocolate and the Prohibition on Child Slavery

    • Authors: Megan M. Coppa
      Abstract: West Africa is presently home to approximately 1.5 million acres of cocoa farmland, which subsequently produces 70% of the world’s current chocolate supply. Côte d’Ivoire, also known as the Ivory Coast, is one of the largest cocoa producing countries within West Africa.The increase of farmland and the need to control the deteriorating conditions have always created a demand for farm workers. Regrettably, more than 1.5 million cocoa farm workers in West Africa are currently children. These child workers are exposed to hazardous dust, flames, smoke, and chemicals, are required to utilize dangerous tools that they are not properly trained to use, and are subject to various forms of physically demanding work. In the early 2000s, the Ivorian government ratified the International Labour Organization’s Convention Concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour (Convention 182).The International Labor Rights Forum (ILRF), an organization that combats our world’s problems of worker’s rights and labor standards, decided to take legal action against companies who refused to follow protocols to eliminate the use of child slave labor on cocoa farms on the Ivory Coast. The ILRF partnered with several law firms across the nation, bringing forth causes of action under the Alien Tort Statute (ATS), the Torture Victim Protection Act (TVPA), and other state-related claims.Part II of this case note discusses the ATS, its legislative history, and the various noteworthy case law that has interpreted the statute over time. Part III will discuss the scope of aiding and abetting liability for violations of international law and part IV will discuss the procedural history and legal reasoning behind the decisions of Doe v. Nestle, S.A. over the past sixteen years of litigation. Finally, this note will conclude with a personal analysis and prediction regarding the next steps of this case.
      PubDate: Mon, 24 May 2021 14:16:21 PDT
  • Justice Delayed, Justice Denied' The Search for Accountability for
           Alleged Wartime Atrocities Committed in Sri Lanka

    • Authors: Aloka Wanigasuriya
      Abstract: During the final stages of its nearly three-decades-long civil war in 2009, Sri Lanka attracted considerable international attention due to the allegations of international crimes that were said to have been committed both by the Sri Lankan government Armed Forces, the Guerilla Force, and the Liberation Tigers of Tamil Eelam (LTTE). According to United Nations (UN) experts, an estimated 40,000 civilians were killed during the final offensive, which lasted from January to May 2009. However, the Sri Lankan government has set this figure at 9,000 with no civilian casualties. Several UN bodies found credible allegations that international crimes were committed by both parties taking part in the civil war, some of which amounted to war crimes and crimes against humanity. Further allegations of international crimes being committed by Sri Lankan government forces surfaced in two documentaries by Channel 4 (UK) that claimed to include video footage from the final phases of the civil war.Against this background, this article discusses: (1) the various national actions that have been initiated in Sri Lanka; (2) the progress made with regard to the various international calls for justice; and (3) the possible international and partially international avenues for pursuing justice. Finally, the article concludes by outlining the present domestic conditions in Sri Lanka and making recommendations on possible avenues to pursue in order to ensure that justice is delivered.
      PubDate: Mon, 24 May 2021 14:16:19 PDT
  • COVID-19 Pandemic, The World Health Organization, and Global Health Policy

    • Authors: Cosmas Emeziem
      Abstract: The emergence and quick spread of the COVID-19 pandemic has shifted the focus and dynamics of the debates about global health, international law, and policy. This shift has overshadowed many of the other controversies in the international sphere. It has also highlighted the tensions that often exist in international affairs—especially in understanding the place and purpose of international institutions, vis-à-vis states, in the general schema of public international law. Central to the international response to the current pandemic is the World Health Organization (WHO)—a treaty-based organization charged with the overarching mandate of ensuring “the highest possible level of health” for all peoples. Interestingly, the WHO has also become entangled in a foreign policy spat between China and the United States of America. This work explores the public international law aspects of the WHO and why we should focus on its primary policy mandate and avoid unduly heaving the institution into perennial strategic policy games of states. It argues against turning such an illustrious institution, charged with a peculiar mandate, into an arena of zero-sum competitions amongst states. The hope is that this paper will provide crucial insights and assist legal and policy experts in understanding the organization, insulating it from unnecessary strategic games of powerful states, and ensuring the continued and effective delivery of global health policy through the WHO.
      PubDate: Mon, 24 May 2021 14:16:17 PDT
  • Deinstitutionalization, Family Reunification, and the "Best Interests of
           the Child": An Examination of Armenia's Child Protection Obligations
           Under Conventional International Law

    • Authors: George S. Yacoubian Jr; Esq.
      Abstract: For nearly a century, the global community has sought to afford children legal protections, abandoning widely held views that children were pecuniary assets. In the United States and globally, a nascent children’s rights movement culminated in broad child welfare reform. Whether adoption, armed conflict, child labor, education, human trafficking, or deinstitutionalization, the post-war 20th century witnessed an evolution of international child protections. The prevailing standard of “best interests of the child” (BIC) has been incorporated into domestic and international law doctrine and, not surprisingly, has been operationalized in a variety of ways. In recent years, the standard has been explored in the context of residential care institutions. Some advocates of deinstitutionalization assert that children should be reunified with biological relatives under all circumstances. Absolutes, however, are legally precarious and may be practically inconsistent with the BIC standard that practitioners and policymakers are required to acquiesce. In the current essay, the history of international child protection legislation is explored, and the BIC standard is assessed in the context of Armenia’s social system. I evaluate Armenia’s child protection obligations and conclude that the BIC standard may not always trigger deinstitutionalization and family reunification. Implications for international human rights law and the global child protection movement are assessed.
      PubDate: Mon, 24 May 2021 14:16:15 PDT
  • Fish Don't Litter in Your House: Is International Law the Solution to
           the Plastic Pollution Problem'

    • Authors: Taylor G. Keselica
      Abstract: This article addresses the complex issue of plastic pollution—focusing on ocean plastics. Specifically, this article examines the ocean plastics problem, critiques current binding and non-binding international environmental law surrounding ocean plastics, hazardous wastes, and pollution, and proposes a more effective solution to the ocean plastics problem. Section I provides a basic history of the creation of plastics and discusses plastics as they are used today. Section II considers the concerns surrounding ocean plastics, focusing on impacts of plastic on marine ecosystems as well as human health effects. Section III, IV, and V discuss the ongoing attempts to address the ocean plastics problem. Sections III and IV provide a brief overview of individualized and domestic attempts at addressing the ocean plastics problem, while Section V discusses attempts at addressing the problem at a global level. Section V specifically discusses the United Nations Convention on the Law of the Sea, the Basel Convention, and the United Nations resolutions on marine plastics and microplastics in marine environments. Section VI proposes a solution to the issue of ocean plastics: a binding international treaty requiring all parties to take measures to address the ocean plastics problem by mandating the phasing out of all plastics with timetables for compliance; mandating consumption habits; directing countries to focus on alternative renewable resources; and requiring countries to repurpose recycling facilities. Section VI also proposes the treaty include: a clean-up fund; incentives for countries who ratify the treaty, in accordance with the General Agreement on Tariffs and Trade; the principle of common but differentiated responsibilities; the precautionary principle; and strict enforcement mechanisms for noncompliance. Finally, Section VII summarizes the main points of this article regarding the necessity of a plastics treaty.
      PubDate: Sun, 27 Dec 2020 17:02:35 PST
  • Right to Health in GATS: Can the Public Health Exception Pave the Way for

    • Authors: Swati Gola
      Abstract: This paper demonstrates how a right to health approach in the interpretation of the public health exception outlined in GATS Article XIV(b) can bring about a harmonious application of international human rights and international trade law regimes. Focusing on the interpretive value of the right to health for the public health exception in GATS, it examines whether a WTO Member, who has committed itself under GATS to fully liberalize all service sectors that have implications for health (e.g., hospital and other healthcare services), still retains the regulatory space to undertake measures to fulfill their right to health obligations and can justify a public health measure as incompatible with GATS obligations when undertaken to fulfill its right to health obligation. This paper argues that a right to health approach to an interpretation of the public health exception in GATS can bring complementarity between international human rights and international trade law regimes. A good faith and harmonious interpretation of the public health exception in GATS, taking into account the right to health, further advances systemic integration and responds to the challenge of fragmentation of public international law.
      PubDate: Sun, 27 Dec 2020 17:02:30 PST
  • An Australian Conundrum: Genomic Technology, Data, and the COVIDSafe App

    • Authors: David Morrison et al.
      Abstract: This paper examines the difficulties that have arisen in Australia in the use of its contact-tracing app. We examine the privacy implications around the use of the app, the wider economic imperative, and the balancing of those concerns against the health threat of the COVID-19 pandemic. We posit that default options are superior in times of emergency and rather than begging for the adoption of lifesaving technology, we suggest that the evidence gathered by behavioral economists provides an apposite and powerful alternative worthy of consideration.
      PubDate: Sun, 27 Dec 2020 17:02:25 PST
  • The Rise of Transnational Commercial Courts: The Astana International
           Financial Centre Court

    • Authors: Ilias Bantekas
      Abstract: The proliferation of international commercial courts aims to boost income from legal services and serve as a catalyst for newly found rules of law and thus attract investor confidence. The latter is the underlying purpose for the creation of the Astana International Financial Centre (AIFC) and its Court. The Court’s legal framework is set out in the tradition of its competitors in the Gulf and similarly employs an impressive lineup of former senior judges from the United Kingdom. It is a unique experiment because it strives to create a balance between maintaining a judicial institution of the highest caliber while at the same time being subject to several limitations that jeopardize its independence. As companies in the AIFC continue to grow in size and assets, the AIFC Court will inevitably become one of the key dispute resolution institutions in Asia over the next decade.
      PubDate: Sun, 27 Dec 2020 17:02:19 PST
  • International and Foreign Legal Research Resources at the Law Library of

    • Authors: Mark E. Wojcik
      Abstract: The material that follows summarizes the proceedings held in January 2020 at the Annual Meeting of the Association of American Law Schools (AALS). The panel on “International and Foreign Legal Research Resources at the Law Library of Congress” was organized by the AALS Section on International Law and co-sponsored by the AALS Section on Comparative Law. The moderator was Professor Mark E. Wojcik of the UIC John Marshall Law School, the immediate past Chair of the ABA Standing Committee on the Law Library of Congress and 2020-21 Chair of the AALS Section on International Law. Also serving as moderator was Professor Don S. De Amicis of Georgetown Law. The speakers were Barbara Bavis, Legal Reference Librarian at the Law Library of Congress, and Peter Roudik, Director of the Global Legal Research Center at the Law Library of Congress. In the audience participation section, extended comments were also made by Dean Katharina Boele-Woelki, Dean of the Bucerius Law School in Hamburg, Germany, and the Claussen-Simon-Foundation Chair for Comparative Law at that school. The material here is not a one-stop shop for understanding the full range of resources available from the world’s largest law library, but it should provide an enticing introduction to the collections and services available. For practitioners, judges, legislators, professors, law students, and other legal researchers, the Law Library of Congress is a gem hidden in plain sight, waiting to be discovered.
      PubDate: Wed, 29 Apr 2020 15:31:57 PDT
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