Pace International Law Review最新文献_第2页

Falling Stars and Sinking Ships: How Article VII of the Outer Space Treaty Needs Maritime Law 陨星与沉船:《外层空间条约》第七条如何需要海事法

Pace International Law Review Pub Date : 2023-08-22 DOI: 10.58948/2331-3536.1426

McKenzie Franck

{"title":"Falling Stars and Sinking Ships: How Article VII of the Outer Space Treaty Needs Maritime Law","authors":"McKenzie Franck","doi":"10.58948/2331-3536.1426","DOIUrl":"https://doi.org/10.58948/2331-3536.1426","url":null,"abstract":"The urge to go where no man has gone before has led to great leaps in space technology that only seemed real in cinema. As more private companies, such as private asteroid mining companies in China, attempt to take this leap, it has become clear that there are significant gaps in international space law regarding liability with private parties. Within Article VII of the Outer Space Treaty, there is a laid-out structure on how states can be held liable for damages caused by celestial bodies. However, the Outer Space Treaty ignores what happens if a private company causes injuries in another country or to another space craft. While there has yet to be an example of a private company causing damages from negligence under space law, we know what may happen through Maritime Law. With multiple similarities between maritime and space law, already established maritime regulations can easily be used as a supplementation for space law. In part I of this article, there will be a discussion of the history of space law and modern-day technology done by private Chinese companies. Part II will then examine maritime law concepts and outer space collisions. Part III, IV, and V will move to an in-depth analysis on limitations of liability, vessel insurance, and employees’ insurance. Part VI will finalize, discussing how limitations of liability, vessel insurance, and employee’s insurance create a stable supplement for Article VII of the Outer Space Treaty.","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-08-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133799614","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}

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Exposing the Glass Ceiling and Social Exclusion of Arabs in the Israeli Labor Market 揭露阿拉伯人在以色列劳动力市场的玻璃天花板和社会排斥

Pace International Law Review Pub Date : 2023-08-22 DOI: 10.58948/2331-3536.1429

Neta Nadiv

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Improving Recommendations from the UN's Universal Periodic Review: A Case Study on Domestic Abuse in the UK 联合国普遍定期审议提出的改进建议:英国家庭暴力个案研究

Pace International Law Review Pub Date : 2023-08-22 DOI: 10.58948/2331-3536.1427

A. Storey

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The Future of Pandemics: Land Use Controls as Means of Preventing Zoonotic Disease 流行病的未来:土地使用控制作为预防人畜共患疾病的手段

Pace International Law Review Pub Date : 2023-01-06 DOI: 10.58948/2331-3536.1422

Bailey Andree

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From Well-Side Meetings to Pelican Strategy: A Context-Based Approach to Combat Corruption 从井边会议到鹈鹕战略:基于环境的反腐败方法

Pace International Law Review Pub Date : 2023-01-06 DOI: 10.58948/2331-3536.1424

Lili Yan

{"title":"From Well-Side Meetings to Pelican Strategy: A Context-Based Approach to Combat Corruption","authors":"Lili Yan","doi":"10.58948/2331-3536.1424","DOIUrl":"https://doi.org/10.58948/2331-3536.1424","url":null,"abstract":"This article takes up the question of what strategy is to be used among different communities to eradicate corruption across borders. The debate between two legal scholars, Steven Salbu and Philip Nichols, over the viability of extraterritorial application of anti-bribery laws remains thought-provoking when we look at the effectiveness of the OECD Anti-bribery Convention or FCPA in curbing corruption. Empirical research shows that firms from countries with extraterritorial legal restrictions do not necessarily refrain themselves from paying bribes in foreign transactions. This article ties the Salbu-Nichols’ debate, ISCT, mediating institutions theory, and Pelican Gambits strategy together to structure a context based anti-corruption framework. It builds on ISCT’s authenticity and legitimacy principles to give context of the norms in order to apply various strategies to combat corruption. This article is by no means to promote elimination of laws or regulations of corruption or acquiescence of illegitimacy of corruption in international business. Instead, the framework emphasizes the importance of the interactive dynamics between a firm and its community when designing anti-corruption strategy in a global environment.","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"199 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-01-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130208367","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}

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Discrimination on the Basis of Nationality Under the Convention on the Elimination of Racial Discrimination 《消除种族歧视公约》规定的基于国籍的歧视

Pace International Law Review Pub Date : 2023-01-06 DOI: 10.58948/2331-3536.1423

W. T. Worster

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Commercialization of Separated Human Body Parts - Unpacking Instrumentalization Approach 分离人体部位的商业化-拆封仪器化方法

Pace International Law Review Pub Date : 2023-01-06 DOI: 10.58948/2331-3536.1425

Arseny Shevelev, G.Yu. Shevelev

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Can Social Media Corporations be held Liable Under International Law for Human Rights Atrocities? 根据国际法，社交媒体公司应该为人权暴行负责吗?

Pace International Law Review Pub Date : 2022-05-26 DOI: 10.58948/2331-3536.1421

Juliana Palmieri

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Maritime Security and Threat of a Terrorist Attack 海上安全与恐怖袭击威胁

Pace International Law Review Pub Date : 2022-05-26 DOI: 10.58948/2331-3536.1418

Aniruddha Rajput

{"title":"Maritime Security and Threat of a Terrorist Attack","authors":"Aniruddha Rajput","doi":"10.58948/2331-3536.1418","DOIUrl":"https://doi.org/10.58948/2331-3536.1418","url":null,"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. * Member, UN International Law Commission; Consultant, Withers LLP (London).","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"48 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-05-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124322949","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

Intellectual Property Rights and Competition Law for Transfer of Environmentally Sound Technologies 无害环境技术转让的知识产权和竞争法

Pace International Law Review Pub Date : 2022-05-26 DOI: 10.58948/2331-3536.1419

Mahatab Uddin

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