Pace International Law Review最新文献_第6页

License to Kill: An Analysis of the Legality of Fully Autonomous Drones in the Context of International Use of Force Law 杀人许可:在国际使用武力法背景下对全自动无人机合法性的分析

Pace International Law Review Pub Date : 2019-03-29 DOI: 10.58948/2331-3536.1381

Andrew Figueroa

引用次数: 0

Cashless Societies and the Rise of the Independent Cryptocurrencies: How Governments Can Use Privacy Laws to Compete with Independent Cryptocurrencies 无现金社会和独立加密货币的兴起:政府如何利用隐私法与独立加密货币竞争

Pace International Law Review Pub Date : 2019-03-29 DOI: 10.58948/2331-3536.1383

Matla Garcia Chavolla

{"title":"Cashless Societies and the Rise of the Independent Cryptocurrencies: How Governments Can Use Privacy Laws to Compete with Independent Cryptocurrencies","authors":"Matla Garcia Chavolla","doi":"10.58948/2331-3536.1383","DOIUrl":"https://doi.org/10.58948/2331-3536.1383","url":null,"abstract":"Many individuals (including governments) envision living in a future world where physical currency is a thing of the past. Many countries have made great strides in their efforts to go cashless. At the same time, there is increasing awareness among citizens of the decreasing amount of privacy in their lives. The potential hazards cashless societies pose to financial privacy may incentivize citizens to hold some of their money in independent cryptocurrencies. This article argues that in order for governments in cashless societies to keep firm control over their money supply, they should enact stronger privacy law protections for its citizens in order to decrease the real or perceived loss of (financial) privacy. This paper compares the privacy laws that exist today in both the United States and the European Union and suggests combining elements of both legal systems in order create a more privacy-friendly legal framework that can enable governments to complete against independent cryptocurrencies. * Matla Garcia Chavolla is a student at Elisabeth Haub School of Law. I am grateful to Professor John T. Bandler for his review of this work and valuable feedback. Any errors are mine.","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"50 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124970213","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

Explaining China's Legal Flexibility: History and the Institutional Imperative 解释中国的法律灵活性:历史与制度的必要性

Pace International Law Review Pub Date : 2019-03-29 DOI: 10.58948/2331-3536.1382

J. Evans

{"title":"Explaining China's Legal Flexibility: History and the Institutional Imperative","authors":"J. Evans","doi":"10.58948/2331-3536.1382","DOIUrl":"https://doi.org/10.58948/2331-3536.1382","url":null,"abstract":"China’s legal system appears to harbor a major tension, or even a paradox. Certainty in law facilitates economic progress, which most observers agree the Communist Party requires to maintain its power—yet the Party has opted for a flexible legal system that often impedes predictability. Prior studies explain China’s legal system as a product of certain constraints and as an expedient that allows for policy adjustments. These factors undoubtedly are at work but do not fully explain the rationale for a legal design seemingly at odds with the Party’s economic goals. To obtain a fuller view, it is necessary to consult the historical circumstances in which the designers of China’s legal system were embedded. This Paper argues that the Party’s reformers achieved a percipient historical insight: the Party would require an ongoing competitive advantage in institutional entrepreneurship to survive after Mao. Moreover, the reformers understood this competency to embody not only the substance of policy, but also, crucially, the Party’s institutional stewardship. Of its many advantages, flexible law reinforces the Party’s dominance in institutional entrepreneurship, enabling the Party to impede rival entrepreneurs without disrupting the broader economic frameworks in place. *Assistant Professor of Legal Studies, Parker College of Business, Georgia Southern University (juwevans@alumni.iu.edu). I presented this paper at the ALSB annual meeting in Savannah, Georgia (August 2017) and at the Seventeenth Huber Hurst Research Seminar at the University of Florida (February 2018), and thank the Hurst Seminar participants for their detailed feedback: Robert Bird, Leora Eisenstadt, Robert Emerson, Stephanie Greene, Stephen Park, Robert Prentice, Michael Schuster, Abbey Stemler, Robert Thomas, Jeff Todd, and Deepa Varadarajan. Larry DiMatteo’s feedback was particularly extensive and insightful, and I am grateful to have had his guidance. I am indebted to Chris Brkich for his comments on a later draft. I thank Jennifer, Anna, and Emma for their love and support. Any errors are mine.","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"39 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116387031","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

International Law of Nuclear Weapons Nonproliferation: Application to Non-State Actors 核武器不扩散国际法:适用于非国家行为体

Pace International Law Review Pub Date : 2019-03-29 DOI: 10.58948/2331-3536.1379

Imran Iqbal

{"title":"International Law of Nuclear Weapons Nonproliferation: Application to Non-State Actors","authors":"Imran Iqbal","doi":"10.58948/2331-3536.1379","DOIUrl":"https://doi.org/10.58948/2331-3536.1379","url":null,"abstract":"International legal responses to the threat of nuclear terrorism by non-state actors have been many but often inconsistent, inadequate, and legally unsound. This Article argues in favor of resorting to successfully-implemented methods of dealing with similar crimes. International law has already expanded from its original statist conceptions and scope to include individuals, such as in international human rights norms and international humanitarian laws. In the latter, in particular, the law has expanded in the context of both international and non-international armed conflict. This Article argues that the advancement of law in these areas can lend much to efforts to bring nuclear terrorism within the scope of International Criminal Court, from whose jurisdiction this crime is currently excluded. This Article also recommends purposefully elevating the prohibition against possession and use of nuclear weapons by non-state actors to jus cogens, making such acts international crimes of the type that do not necessarily require state consent for prosecution by an international tribunal. *Imrana Iqbal is an Associate Professor at the University of Maryland University College (UMUC). She teaches writing, government, law, and business. I am grateful to Professor Paul F. Diehl, Ashbel Smith Professor of Political Science at the University of Texas at Dallas, for his review of this work and valuable suggestions.","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-03-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127897897","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

CISG Article 79: Exemption of Performance, and Adaptation of Contract Through Interpretation of Reasonableness－Full of Sound And Fury, but Signifying Something 《国际销售公约》第七十九条:通过合理解释免除履行和合同的适用——喧闹而有意义

Pace International Law Review Pub Date : 2018-08-21 DOI: 10.58948/2331-3536.1377

Yasutoshi Ishida

{"title":"CISG Article 79: Exemption of Performance, and Adaptation of Contract Through Interpretation of Reasonableness－Full of Sound And Fury, but Signifying Something","authors":"Yasutoshi Ishida","doi":"10.58948/2331-3536.1377","DOIUrl":"https://doi.org/10.58948/2331-3536.1377","url":null,"abstract":"Article 79 of the CISG provides that “[a] party is not liable for a failure to perform any of his obligations” if the party has encountered a certain impediment defined therein. It was once depicted as “the Convention’s least successful part of the halfcentury of work.” It has been thirty years since the CISG took effect. However, the interpretation of Article 79 is as old and unsuccessful as ever. For one thing, it has long been interpreted against our intuition, not to exempt a party from specific performance claims. For another, the controversy has long continued unsettled over whether a party could be exempted in the so-called “hardship” cases. Lastly, where an event fundamentally alters the equilibrium of the contract because of the increased cost of performance, judges’ power to adapt the contract is urgently * Professor of Law, Himeji-Dokkyo University, Japan (LL.M., Kyoto University). I am profoundly indebted to late Professor Shinichiro Michida (Rapporteur of the CISG at the Diplomatic Conference in 1980), who had cordially instructed me while I was an undergraduate and LL.M. student at Kyoto University. Thank you to the Pace International Law Review Editorial Board for publishing and editing this article in skillful manners. Special thanks to Joanna Kusio, Editor-in-Chief, for insightfully pinpointing the portions in need of clarification.","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116560246","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

Humanitarian Islam

Pace International Law Review Pub Date : 2018-08-21 DOI: 10.30965/9783657790265

Engy Abdelkader

{"title":"Humanitarian Islam","authors":"Engy Abdelkader","doi":"10.30965/9783657790265","DOIUrl":"https://doi.org/10.30965/9783657790265","url":null,"abstract":"In the aftermath of mass shootings by violent extremists and amid increasing anti-Muslim prejudice and discrimination, many Muslim Americans have responded to these and other social, legal, and political developments with philanthropic initiatives inspired by orthodox Islamic teachings. This humanitarian impulse in Islam, which has shaped the religion since its founding, is relatively unknown to non-Muslim Americans. Humanitarian Islam is defined here in largely oppositional terms to so-called the “radical Islam.” In contrast to the violence, aggression, death, and destruction commonly associated with “radical Islam,” selfless volunteerism, benevolence, altruism, and charitable giving in service to others are characteristic of humanitarian Islam. This Article presents interdisciplinary research in its inquiry into humanitarian Islam and employs case studies to achieve a number of objectives. First, through the unique lens of philanthropy, it reveals the Muslim lived experience in contemporary America, from countering violent extremism to challenging discrimination. Second, it explores the minority faith community’s varied contributions in geographically diverse regions of the country. Third, this Article examines the communal relations that Muslim Americans have formed with non-Muslim Americans. Fourth, it illuminates the role, extent, and influence of Islamic faith beliefs and practices among Americans who are Muslims and a distinct perspective regarding Islam in America. * Engy Abdelkader, JD, LL.M., teaches courses on international human rights at Rutgers University.","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"78 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-08-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124112871","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

Penalty Clauses – What Has Changed? 处罚条款-有什么变化?

Pace International Law Review Pub Date : 2018-02-06 DOI: 10.58948/2331-3536.1374

B. Zeller

引用次数: 0

Thoughts on the U.N. 2017 Population Prospects: Procreation-Related Internationally Wrongful Acts, and Overpopulation as Global Risk 对联合国2017年人口前景的思考:与生育有关的国际不法行为，以及人口过剩作为全球风险

Pace International Law Review Pub Date : 2018-02-06 DOI: 10.58948/2331-3536.1373

C. Radavoi

引用次数: 1

GMOs, International Law and Indigenous Peoples 转基因生物、国际法和土著人民

Pace International Law Review Pub Date : 2018-02-06 DOI: 10.58948/2331-3536.1371

Casandia Bellevue

{"title":"GMOs, International Law and Indigenous Peoples","authors":"Casandia Bellevue","doi":"10.58948/2331-3536.1371","DOIUrl":"https://doi.org/10.58948/2331-3536.1371","url":null,"abstract":"This Article sprung from a desire to discover why—despite scientific uncertainty and the oft-cited precautionary principle in international law—genetically modified organisms are still allowed to spread via international trade and natural ecological cycles. While exploring this topic, it did not take long to come across the environmental justice impacts of genetically modified crops, and their particularly disparate impact upon indigenous peoples across the globe. Not only are GMOs threatening biodiversity and our planet, but also the very existence and cultural foundations of many indigenous groups. This Article seeks to answer the following questions: What are the international agreements that can be used to protect indigenous peoples against GMOs encroaching on their food security and food sovereignty? Why have these agreements, especially the precautionary principle, thus far failed to restrict the spread of GMOs, and protect the food sovereignty of indigenous peoples? Moving forward, how can international treaties, declarations, and conventions be enforced with regard to international GMO promulgation? * Casandia Bellevue is an academic in her final year of law school at the Elisabeth Haub School of Law at Pace University. She has long been interested in indigenous issues, but it was not until 2016 that she began exploring the field in the legal context and writing articles that touch on indigenous sovereignty and environmental justice. GMOs, International Law and Indigenous Peoples was written under the indispensable guidance of Nicholas A. Robinson, Gilbert and Sarah Kerlin Distinguished Professor of Environmental Law Emeritus at the Elisabeth Haub School of Law and Co-Director of the Global Center for Environmental Legal Studies, to whom she is eternally grateful.","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"64 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-02-06","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133660277","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

Religion Lessons from Europe: Intolerant Secularism, Pluralistic Neutrality, and the U.S. Supreme Court 欧洲的宗教教训:不宽容的世俗主义、多元中立和美国最高法院

Pace International Law Review Pub Date : 2017-12-01 DOI: 10.58948/2331-3536.1372

A. Kolenc

{"title":"Religion Lessons from Europe: Intolerant Secularism, Pluralistic Neutrality, and the U.S. Supreme Court","authors":"A. Kolenc","doi":"10.58948/2331-3536.1372","DOIUrl":"https://doi.org/10.58948/2331-3536.1372","url":null,"abstract":"Case law from the European Court of Human Rights demonstrates to the U.S. Supreme Court how a pluralistic neutrality principle can enrich the American society and harness the value of faith in the public sphere, while at the same time retaining the vigorous protection of individual religious rights. The unfortunate alternative to a jurisprudence built around pluralistic neutrality is the inevitability of intolerant secularism — an increasingly militant separation of religious ideals from the public life, leading ultimately to a repressive society that has no room in its government for religious citizens. The results of intolerant secularism are seen in a recent series of negative cases decided by the European Court, which illustrate how highly secularized nations can trample the fundamental rights of religious citizens for the sake of secular ideals. The Supreme Court can avoid this type of intolerance in the United States by distancing itself from the principle of strict neutrality that the Court often has repeated in its Establishment Clause cases. A better path for the Supreme Court is to emulate a series of positive cases from the European Court that demonstrate pluralistic values. These cases show the value that religion can bring to public life, and the ability of progressive nations to welcome religious diversity into the public square without harming individual rights. The net result of this shift in the Supreme Court’s focus — without sacrificing the value and purpose of the Establishment Clause — would be to promote the cause of religious pluralism in the United States, and to enhance the dignity of the American people to live out their religious faith in the community insofar as they choose (or do not choose) to do.","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-12-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122050838","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