Pace International Law Review最新文献_第5页

Italy and the Aquarius: A Migrant Crisis 意大利和水瓶座:移民危机

Pace International Law Review Pub Date : 2019-12-19 DOI: 10.58948/2331-3536.1397

A. Larkin

引用次数: 0

Pace International Law Review Pub Date : 2019-10-16 DOI: 10.58948/2331-3536.1390

Nandor F.R. Kiss

{"title":"Leahy—Sharpening the Blade","authors":"Nandor F.R. Kiss","doi":"10.58948/2331-3536.1390","DOIUrl":"https://doi.org/10.58948/2331-3536.1390","url":null,"abstract":"Over the course of the last 20 years, the Leahy Law has become one of the cornerstones of foreign and human rights policy. Yet, despite its largely unchallenged importance, field practitioners and other stakeholders have identified a number of substantive and practical deficiencies that greatly diminish the law’s ability to achieve the desired effect, and worse, may pose a risk to the United States’ interests. In reflecting on these deficiencies, and armed with decades of data and anecdotal evidence, this Article proposes adjustments focused on better aligning the law’s intent and effect. These recommendations range from semantic edits to substantive policy changes which may affect the way that Leahy operates in substantial ways. We should not fear revisiting the original intentions now that we have seen how the law operates. Like all things, the Leahy Law must be continually improved or it risks becoming an empty remnant of its former self. America needs to be a world leader in the area of human rights, but it requires functional tools in order to do so. Congress needs to sharpen the blade and it’s the author’s hope that, by implementing the changes presented in this Article, it can do just that. * Captain Nandor Kiss is a Judge Advocate in the United States Army. He is currently serving as a military prosecutor at Fort Bliss, Texas and previously served as an Operations Officer and Legal Advisor for Essential Function 3 – Rule of Law, part of NATO’s Resolute Support mission in Kabul, Afghanistan. Special thanks to Colonel Andrew McKee for helping navigate Department of Defense pre-publication review, and to Major Joey Comley, Lieutenant Colonel Michael Baileys, and my wife, Captain Erin Kiss, for reviewing my drafts and providing their thoughts and advice. The views presented are those of the author and do not necessarily represent the views of the Department of Defense or its components.","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121446756","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

Human Rights, Economic Justice and U.S. Exceptionalism 人权、经济正义与美国例外论

Pace International Law Review Pub Date : 2019-10-16 DOI: 10.58948/2331-3536.1392

Natasha Lycia Ora Bannan

引用次数: 0

Federalism: Necessary Legal Foundation for the Central Middle Eastern States 联邦制:中中东国家的必要法律基础

Pace International Law Review Pub Date : 2019-10-16 DOI: 10.58948/2331-3536.1387

I. Al-Aweel

{"title":"Federalism: Necessary Legal Foundation for the Central Middle Eastern States","authors":"I. Al-Aweel","doi":"10.58948/2331-3536.1387","DOIUrl":"https://doi.org/10.58948/2331-3536.1387","url":null,"abstract":"The Central Middle East—comprising of Syria, Israel, Palestine, Lebanon, and Jordan—is in need of a legal foundation defined by a constitutional umbrella that governs it as a whole. This is a proposed broad structure of such legal foundation that serves regional legal and economic needs and includes recognition of human rights. The need for such restructuring is evident from the persistence of regional conflict and instability. Conflict and instability have been constants in the region in general and certainly in the listed five states. The issues include political instability, terrorism, continuous threats of fundamentalism, and pervasive disregard to human life and human rights. Israel has had strife with all the four neighboring peoples and states. Meanwhile, political instability either reigns or undermines each of these neighboring states. This article does not attempt to argue the correctness or fairness of what manifested in the first half of the 20th century; it does, however, argue that the political structure and how it continues to be is part of the reason for the conflicts and the instability. * Member and practicing attorney with the Maryland State Bar. I am in debt to Dean John C. Brittain, Professor of Law and former Acting Dean with the University of the District of Columbia David A. Clarke School of Law, and colleague Patricia Shnell, for their support, assistance, and invaluable advice, without which this research and manuscript would not have been completed. I must acknowledge the Pace International Law Review editing team, in particular Ms. Emily Golban, for their tireless work.","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128640141","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

Regulating through Trade: The Contestation and Recalibration of EU ‘Deep and Comprehensive’ FTAs 贸易调节:欧盟“深度与全面”自由贸易协定的争论与重新调整

Pace International Law Review Pub Date : 2019-10-16 DOI: 10.58948/2331-3536.1388

Billy Melo Araujo

引用次数: 0

The Fatal Leviathan: A Hayekian Perspective of Lex Mercatoria in Civil Law Countries 致命的利维坦:大陆法系国家墨卡托利亚法的哈耶克视角

Pace International Law Review Pub Date : 2019-10-16 DOI: 10.58948/2331-3536.1389

Fabio Núñez del Prado Ch.

引用次数: 0

UDHR: Our North Star for Global Social Justice or an Imperial and Settler-Colonial Tool to Limit our Conception of Freedom? 《世界人权宣言》:我们实现全球社会正义的北极星，还是限制我们自由概念的帝国主义和移民-殖民主义工具?

Pace International Law Review Pub Date : 2019-10-16 DOI: 10.58948/2331-3536.1393

Jeena Shah

引用次数: 2

Reclaiming Refugee Rights as Human Rights 将难民权利恢复为人权

Pace International Law Review Pub Date : 2019-10-16 DOI: 10.58948/2331-3536.1391

R. Amit

引用次数: 0

Right to Health in GATS: Can the Public Health Exception Pave the Way for Complementarity? 服务贸易总协定中的健康权:公共卫生例外能否为互补性铺平道路?

Pace International Law Review Pub Date : 2019-05-31 DOI: 10.58948/2331-3536.1405

S. Gola

引用次数: 0

The Roots and Fruits of Good Faith in Domestic Court Practice 国内法院实践中诚信的根与果

Pace International Law Review Pub Date : 2019-03-29 DOI: 10.58948/2331-3536.1380

Thomas Neumann

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引用次数: 0