Chicago-Kent journal of international and comparative law最新文献

{"title":"Piercing the Corporate Veil: US Lessons for Romania & Slovakia","authors":"A. Horváthová, C. Stănescu","doi":"10.2139/SSRN.2066030","DOIUrl":"https://doi.org/10.2139/SSRN.2066030","url":null,"abstract":"This article describes and analyses the doctrine of piercing the corporate veil. First it introduces this doctrine and its history and development in the United States - the jurisdiction which represents its. Second, it analyses its possible implementation within two chosen jurisdictions in Central and Eastern Europe: Romania and Slovakia. Authors’ aim is to assess their home jurisdictions and whether they apply the doctrine or only some parts of it or nothing at all. Authors go through different areas of the legal system, as company law, civil law or bankruptcy law and reflect on them. Finally, authors reason why this doctrine is of an importance to any legal system and why the legislators in CEE region should insert and apply it.","PeriodicalId":337035,"journal":{"name":"Chicago-Kent journal of international and comparative law","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-12-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128370681","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The International Criminal Court, the United States, and the Domestic Armed Conflict in Syria","authors":"Eric Engle","doi":"10.2139/SSRN.2259266","DOIUrl":"https://doi.org/10.2139/SSRN.2259266","url":null,"abstract":"Reviews the various objections made by certain elements to U.S. ratification of the ICC and considers alternatives to the ICC. Argues that criticisms of the ICC are over-stated and can be answered decisively with good legal arguments. Argues that the U.S. should continue its close cooperation with the ICC and seek to ratify the ICC treaty as part of the U.S. pivot out of the failed, expensive, unilateral, lawless \"global war on terror\" and toward a multilateral rule of law approach which correctly constructs terrorism as illegal cowardly crime, and not an act of war (and thus implicitly lawful if not heroic). This pivot enables the U.S. to credibly call on aid from U.S. friends and allies, as well as persuading possible allies and dissuading actual enemies.","PeriodicalId":337035,"journal":{"name":"Chicago-Kent journal of international and comparative law","volume":"477 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117013515","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"How to Really Engage Iran: A Proposal","authors":"A. Chhabra","doi":"10.2139/SSRN.2280913","DOIUrl":"https://doi.org/10.2139/SSRN.2280913","url":null,"abstract":"After the World Trade Center attacks on September 11, 2001 (“9/11”), American public opinion understandably disfavored talk of negotiating with perceived enemies of the state. In this context, President Barack Obama’s 2008 campaign was criticized for its stated choice to engage Iran directly and to meet its president without preconditions. Thus, it became politically advantageous to appear tough with Tehran; the harrowing events of the Iran Hostage Crisis in the not-so-distant past added fuel to the fire. However, the ultimate question of how the world’s only remaining superpower may legitimately challenge Iran’s nuclear pursuits in accordance with international law must not be affected by changing political winds or by a Hollywood director’s choice of anti-American depictions. Thus, this Article first reviews U.S.-Iranian diplomatic history and principles of international law governing the use of force; to American eyes, Iran appears as a bulimic man with plenty of posturing though indeterminate intentions and nuclear weapon capabilities. Next, the Article looks to lessons learned from dealing with such “rogue” states as Cuba, North Korea and Libya. The Obama Administration’s first term foreign policy presages a continued stalemate with Iran, as Iran tends to not violate international law; moreover, Iran is unable to abandon one of its most vital national security interests. Finally, the Article suggests an alternative negotiation route. After decades of frayed diplomatic relations between the United States and Iran, the same-old strategies will predictably lead to only more frustration and continued deadlock. In this regard, the P5 1 should consider offering Iran the option of withdrawing from the NPT entirely or adhering to an NPT side letter that recognizes its nuclear weapons ambitions by enabling it to become a nuclear-capable state. Such a gesture of even-handedness has the collateral benefit of further revealing the parties’ intentions and improving regional peace and security.","PeriodicalId":337035,"journal":{"name":"Chicago-Kent journal of international and comparative law","volume":"217 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-04-18","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128615790","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Likelihood of Turkey's Accession into the European Union: A Controversial Inquiry","authors":"Ashleigh Elizabeth Hebert","doi":"10.2139/SSRN.2080442","DOIUrl":"https://doi.org/10.2139/SSRN.2080442","url":null,"abstract":"Turkey's accession into the European Union is immensely controversial. The contentious nature of Turkey's accession largely stems from its Islamic heritage, which has caused the county to struggle with the separation of church and state. Although the Republic of Turkey was founded in 1923 on the notion that the state would be secular, the country has difficulty upholding this principle because ninety-nine percent of the population is Muslim. Furthermore, there has been increasing public support for political parties that support theocratic governance, or alternatively, a plurality of legal systems categorizing individuals based on their religious beliefs. Because of Turkey's struggle to lessen religious influence, the country has a history of suppressing individual civil and political rights in order to preserve the principles of secularism and democracy, particularly when it comes to freedom of association and freedom of religion. For example, Turkey has dissolved political parties in favor of theocratic governance and has prohibited women from wearing headscarves on university campuses.","PeriodicalId":337035,"journal":{"name":"Chicago-Kent journal of international and comparative law","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2012-04-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116381560","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Survival of Customary Law in the Northern Mariana Islands","authors":"E. Ristroph","doi":"10.2139/SSRN.2648714","DOIUrl":"https://doi.org/10.2139/SSRN.2648714","url":null,"abstract":"The Commonwealth of the Northern Mariana Islands (“CNMI”), a U.S. territory located in the Pacific Ocean just north of Guam, is one of few American jurisdictions in which the traditional cultural practices celebrated by a minority of the population have the force of law. Problematically, many of these laws are uncodified and no longer practiced by the majority of people in the jurisdiction. The CNMI judiciary often stumbles through cases of first impression with no guidance from the CNMI legislature, resulting in conflicting case law. This article surveys the customary law in place in the CNMI, and considers the obstacles of applying this law in a society whose culture and customs are rapidly evolving.","PeriodicalId":337035,"journal":{"name":"Chicago-Kent journal of international and comparative law","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-08-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132023334","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"An Injury to the Citizen, a Pleasure to the State: A Peculiar Challenge to the Enforcement of International Refugee Law","authors":"W. Kidane","doi":"10.2139/SSRN.1211083","DOIUrl":"https://doi.org/10.2139/SSRN.1211083","url":null,"abstract":"It is a well-established principle of international law that an injury to the citizen is an injury to the state of his or her nationality. Ordinarily, if a non-citizen is injured by the acts of a host state, the state of his or her nationality would see redress. By definition a refugee maintains no such relationship. The refugee not only has severed his relationship with the country of his nationality or habitual residence but also fears being persecuted by the government of that country. If that refugee is injured in a country where he sought refuge, then the country of origin that would have sought redress under normal diplomatic and consular situations certainly would be unwilling or even might be pleased to see the injury occur. A refugee could be injured in his country of refuge in many different ways. One of the most serious and common injuries that refugee could sustain occurs when the refugee is sent back to a place where he may face persecution. Under normal circumstances, that is exactly what the country of origin wishes. Generally, this could happen in two different ways: either with full intent and purpose or because of faulty administrative and/or judicial sanction. The consequence's of both are absolutely identical. Upon return to his country of origin, the refugee may face severe treatment including death. Countries wil well-established systems of asylum adjudication rarely fall under the first category; however, they almost always cannot avoid falling under the second. The article intends to demonstrate the inherent problems of refugee law that make it almost impossible to avoid some faulty administrative and judicial decisions and suggests remedial measures that would help alleviate some of the serious consequences. The problem of the law of refugee status starts with the definition of a refugee itself. Part I of this article highlights the historical underpinnings of the legal definition of a refugee and puts the political compromise that went into crafting the criteria for refugee status into perspective. Part II deals with the challenges associated with the interpretation of each element of the substantive definition of the Refugee Convention as well as problems of exclusion and cessation of refugee status under the Refugee Convention. Part III critically examines the challenges in defining and applying the burden and standard of proof in refugee status determination proceedings (asylum proceedings), which perhaps is the most serious of all challenges. In Part IV, this article highlights the lack of concrete remedies for erroneous decisions and suggests alternative domestic and international remedies to limit the execution of erroneous decisions and mitigate the consequences of refoulement. This article concludes with a summary of observations and recommendation for moving forward.","PeriodicalId":337035,"journal":{"name":"Chicago-Kent journal of international and comparative law","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-08-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115792438","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Laws of War and NATO Attacks on Yugoslavia","authors":"N. Cox","doi":"10.2139/SSRN.420025","DOIUrl":"https://doi.org/10.2139/SSRN.420025","url":null,"abstract":"In May 2000 the Serbian Public Prosecutor, Dragisa Krsmanic, began the indictment of the leaders of the USA, the UK, France and Germany, and former NATO Secretary-General Javier Solana, for war crimes. These charges, laid in the Serbian Supreme Court, relate to alleged violations by NATO forces of the Geneva Convention on the conduct of war. These violations were alleged to have occurred in the course of NATO attacks upon Serbia, intended to persuade the Yugoslav Government to comply with United Nations Security Council Resolutions 1160, 1199 and 1203, which required its withdrawal from the province of Kosovo. From 24 March to 8 June 1999 NATO was alleged to have breached the Convention by using cluster bombs, and by attacking civilians, residential areas, and non-military targets. Ironically, Yugoslav President Slobodan Milosevic and four other Yugoslav Serbs have been indicted by the Chief Prosecutor of the International Criminal Tribunal for the former Yugoslavia, also for alleged war crimes. In this case it is against the Kosovo Albanians. The situation is one fraught with dangers and difficulties for the international community. As with the trial of Libyan suspects in the Lockerbie case, the development of rules and procedures of international criminal trials have been influenced more by political considerations than by legal. But we can say with confidence that an international criminal legal system is developing. Public international law regulates relations between nations. That part which relates to military action is generally known as the Law of Armed Conflict, or anciently as the Laws of War. War is both a state of \"armed, physical contest between nations\", and \"a legal condition of armed hostility between states\". The instigation and conduct of war has since the very earliest times been subject to some degree of regulation or control. In the thirteenth century Thomas Aquinas wrote, \"[I]n order that a war may be just three things are necessary. In the first place, the authority of the prince, by whose order the war is undertaken . . .\" His second and third requirements for a just war, like those of his predecessor St Augustine, bishop of Hippo, were a just cause and right intent. Were such the only requirements for the use of force to be lawful, the NATO bombing campaign in the former Yugoslavia in early 1999, intended to achieve peace in Kosovo, would appear lawful. But the laws of war have advanced much since St Thomas lived, and ironically, the United Nations Charter, designed to promote peace, enshrines a growing tendency to prohibit all wars not waged in self-defence. This left little room for the \"just war\", a concept which has reared its head increasingly. The legality of any given action by the international community, or by an individual country or group of countries depends upon whether the action is justified by international law. The NATO air strikes on the former Yugoslavia early in 1999 were designed to force compliance w","PeriodicalId":337035,"journal":{"name":"Chicago-Kent journal of international and comparative law","volume":"61 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2003-08-07","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132858669","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Case: China- Measures Related to the Exportation of Various Raw Materials","authors":"Yuan Shen","doi":"10.30875/93f741fb-en","DOIUrl":"https://doi.org/10.30875/93f741fb-en","url":null,"abstract":"This World Trade Organization ( WTO ) report was issued by a dispute settlement panel ) formed pursuant to a November 4, 2009 request by the United States ( US ), the European Communities 1 ( EU ) and Mexico . The basis of the request was that the China ( ) violated certain provisions of the General Agreement on Tariffs and Trade 1994 ( GATT 1994 ) and the Protocol on the Accession of the People's Republic of China ( Protocol ). The US, Mexico, and the EU argued that China violated portions of the Protocol, GATT 1994, and the Report of the Working Party on the Accession of China ( Working Party Report ). These exporting restraints include the following: export duties, export quotas, export licensing, and minimum export price requirements. Complainants also challenged the allocation and administration of export quotas, export licenses and minimum export prices, and the alleged non-publication of certain measures.","PeriodicalId":337035,"journal":{"name":"Chicago-Kent journal of international and comparative law","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125588669","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}