Pace International Law Review最新文献_第10页

Comparative Sex Regimes and Corporate Governance: An Introduction 比较性别制度与公司治理:导论

Pace International Law Review Pub Date : 2014-07-08 DOI: 10.58948/2331-3536.1332

Darren Rosenblum

引用次数: 0

Diversity in the Boardroom: A Content Analysis of Corporate Proxy Disclosures 董事会多元化:公司委托书披露的内容分析

Pace International Law Review Pub Date : 2014-07-08 DOI: 10.58948/2331-3536.1333

Aaron A. Dhir

引用次数: 0

A Contextualized Account of General Principles of International Law 国际法一般原则的语境化解释

Pace International Law Review Pub Date : 2014-03-03 DOI: 10.58948/2331-3536.1346

M. Biddulph, D. Newman

{"title":"A Contextualized Account of General Principles of International Law","authors":"M. Biddulph, D. Newman","doi":"10.58948/2331-3536.1346","DOIUrl":"https://doi.org/10.58948/2331-3536.1346","url":null,"abstract":"This Article examines general principles of international law through the innovative means of comparing their use in four different, novel areas of international law — international environmental law, international investment law, international criminal law, and international indigenous rights. By doing so, the Article is able to make the distinctive claim that there is no one, single methodology for analysis of general principles of international law. Rather, each area of international law tends to use a methodology suited to its policy objectives and overall characteristics as a specific area of law. The Article characterizes two predominant academic approaches to general principles: a purely “domestic approach” and a “hybrid approach”. The Article argues that international environmental law has tended to use a hybrid approach, whereas international investment law has limited itself to a domestic approach, manifesting immediately the differentiated analysis in different areas. International criminal law and international law on indigenous rights manifest more mixed approaches to analysis, again based on the needs of these different areas. These areas, however, also manifest some criticisms of the use of general principles that have led sometimes to restraints on them in the service of policy needs of different areas of international law. The Article ultimately puts the novel argument that this contextual analysis is not simply descriptively accurate but is a manifestation of an appropriate contextually-differentiated development of international law in light of concerns for its legitimacy in regulating actors other than state entities.","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-03-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126242407","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}

引用次数: 13

Is the Albert H Kritzer Database Telling Us More Than We Know? 阿尔伯特·H·克里策数据库告诉我们的比我们知道的更多吗?

Pace International Law Review Pub Date : 2013-12-10 DOI: 10.58948/2331-3536.1349

Thomas Neumann

引用次数: 0

The Best Interests of the Child?: The Cultural Defense As Justification for Child Abuse 儿童的最大利益是什么?文化防御是虐待儿童的正当理由

Pace International Law Review Pub Date : 2013-11-26 DOI: 10.58948/2331-3536.1331

Strasburger, R. Lee

引用次数: 4

The State of Israel's Constitution; A Comparison of Civilized Nations 以色列国宪法;文明国家的比较

Pace International Law Review Pub Date : 2013-11-26 DOI: 10.58948/2331-3536.1328

Mark Goldfeder

{"title":"The State of Israel's Constitution; A Comparison of Civilized Nations","authors":"Mark Goldfeder","doi":"10.58948/2331-3536.1328","DOIUrl":"https://doi.org/10.58948/2331-3536.1328","url":null,"abstract":"The art of constitution-making is never one-dimensional. In regard to the United States’ model, it has recently been argued that “[d]espite the enormous literature on the critical period, including the foreign affairs imperatives behind the movement for reform, it is not fully understood that the animus behind the reform effort that culminated in the new Constitution was a desire to ensure that the United States would be in a position to meet its international commitments and thereby earn international recognition.”1 While there are obvious differences, and while this concept is perhaps of even greater importance and more poignantly felt for a nation that has so long been plagued with issues of de facto and de jure recognition, many of the same factors that would make it incomplete to view the purpose of the American Constitution as a strictly internal document hold true for our strongest ally in the Middle East. After the establishment of the State of Israel in 1948, the young country experienced diplomatic isolation and Arab League boycotts. Today, Israel has diplomatic ties with 154 out of the other 191 member states of the United Nations, as well as with non-member Vatican City. This paper argues that the  Adjunct Professor of Law, Georgia State University College of Law; SJD Candidate in Law and Religion at Emory University, alumnus of the Wexner Graduate Fellowship (Rabbinate, Yeshiva University). Served on the rabbinic staff at Mt Sinai Jewish Center in Washington Heights and the Beth Din of America in New York City; J.D., New York University School of Law, LLM, Emory University School of Law. 1 David M. Golove & Daniel J. Hulsebosch, A Civilized Nation: The Early American Constitution, the Law of Nations, and the Pursuit of International Recognition 116 (N.Y.U. Pub. Law & Legal Theory Working Papers, Paper No. 222), available at http://lsr.nellco.org/nyu_plltwp/222.","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"94 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-11-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124396849","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}

引用次数: 1

Imitation May Not Always Be the Sincerest Form of Flattery: Why Color Wars in the United States and Europe May Result in Brand Dilution and Color Depletion 模仿可能并不总是最真诚的奉承:为什么美国和欧洲的色彩战争可能导致品牌稀释和色彩枯竭

Pace International Law Review Pub Date : 2013-11-26 DOI: 10.58948/2331-3536.1327

Taylor Piscionere

引用次数: 1

ASEAN IP Harmonization: Striking the Delicate Balance 东盟知识产权协调:打破微妙的平衡

Pace International Law Review Pub Date : 2013-11-26 DOI: 10.58948/2331-3536.1330

E. Ng

引用次数: 15

Guarding International Borders Against HIV: A Comparative Study in Futility 防范国际边界艾滋病毒:徒劳的比较研究

Pace International Law Review Pub Date : 2013-11-26 DOI: 10.58948/2331-3536.1329

Matthew J. DeFazio

{"title":"Guarding International Borders Against HIV: A Comparative Study in Futility","authors":"Matthew J. DeFazio","doi":"10.58948/2331-3536.1329","DOIUrl":"https://doi.org/10.58948/2331-3536.1329","url":null,"abstract":"Back in 1985, when knowledge of HIV began to spread, governments reacted by passing immigration laws to restrict the entry of HIV positive individuals. These laws required such individuals to either declare their HIV status or undergo mandatory HIV testing to secure entry. As justification for these initiatives, many countries claimed to be preserving the public health and their domestic economy. The United States, China, and Russia are three countries that have had, or still have, some form of HIV immigration restrictions. Initially, it may seem logical that preventing HIV positive individuals from entering a country will cut down on the spread of HIV and save the economy from health care costs. Nevertheless, an analysis of the HIV travel restrictions of these three countries will show that the public health and economic reasoning behind such laws is flawed because HIV is not spread by casual contact and because economic goals can be accomplished with less restrictive means. Moreover, this article will further reveal that HIV travel restrictions contribute to several health concerns and create issues with confidentially and stigmatization. In the end, a comparative analysis of these three countries, with specific attention paid to their successes and failures, reveals that the best system is one that works on both an international and domestic level. On the international level, border  Articles Editor, Pace International Law Review, 2012-2013; J.D. Candidate, Pace University School of Law (expected May 2013). Special thanks to the 2011-2012 and the 2012-2013 editorial boards, as well as the articles groups that aided in preparing this article for publication.","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"100 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-11-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128833186","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}

引用次数: 0

Justice or Peace? A Proposal for Resolving the Dilemma 正义还是和平?解决这一困境的建议

Pace International Law Review Pub Date : 2013-10-08 DOI: 10.2139/SSRN.2337615

Kenneth A. Williams

{"title":"Justice or Peace? A Proposal for Resolving the Dilemma","authors":"Kenneth A. Williams","doi":"10.2139/SSRN.2337615","DOIUrl":"https://doi.org/10.2139/SSRN.2337615","url":null,"abstract":"Those who commit gross human rights violations have historically not been held accountable for their actions. That is no longer the case. The modern trend is to prosecute individuals who commit human rights atrocities. As the United Nations Secretary General Ban Ki-moon has stated, international law has evolved from an \"old era of impunity\" to a \"new age of accountability.\" Most international scholars would support this trend. However, the prospect of criminal prosecution may cause human rights violators to to be more reluctant to give up power and agree to any peaceful resolution of a conflict. This article makes the case that a one size fits all approach which mandates criminal accountability in each and every instance in which human rights have been violated may actually make it more difficult in some situations to achieve peace. Therefore, a more flexible approach is required. This article suggests that in some circumstances, the international community should be able to forgo prosecutions if the U.N Security Council determines that the prospect of criminal prosecution may hinder the peaceful resolution of a conflict. This article proposes that the Security Council be given the authority to grant amnesty to human rights violators if it decides that is what is necessary in order to restore international peace and security.","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-10-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126938376","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}

引用次数: 2