Pace International Law Review最新文献_第7页

The Consideration of Male Victims of Sexual Violence as a Subset of the Particular Social Group “Homosexual” in Adjudicating Asylum Claims 男性性暴力受害者作为特殊社会群体“同性恋”的子集在裁定庇护申请中的考虑

Pace International Law Review Pub Date : 2017-08-24 DOI: 10.58948/2331-3536.1376

Christiana Desrosiers

引用次数: 2

E Pluribus Unum – Out of Many, One Common European Sales Law? 合众为一——欧洲统一的销售法?

Pace International Law Review Pub Date : 2017-05-24 DOI: 10.58948/2331-3536.1368

Viktor Előd Cserép

{"title":"E Pluribus Unum – Out of Many, One Common European Sales Law?","authors":"Viktor Előd Cserép","doi":"10.58948/2331-3536.1368","DOIUrl":"https://doi.org/10.58948/2331-3536.1368","url":null,"abstract":"In light of the fragmentation due to the nationalization of civil and commercial law and the growing intensity of cross-border trade in manufactured goods, arguments for the unification of private law surfaced already from the early 20th century. Such attempts resulted in, among others, the CISG, the UPICC or the PECL. In line with this pattern, as an attempt to make Out of Many, One Common European Sales Law, a Proposal for a Regulation on a Common European Sales Law (CESL) was published in 2011. The aim of the present contribution is to explore the background of the Proposal and to assess its significance for the future, with specific attention to the challenges of the digital age. Section I of the paper provides an overview of the process in the first decade of the 21st century leading to the publication of the Proposal, identifying the various stages of making an instrument. This is followed by the description of the Proposal and its evaluation in Section II. Although the immediate implementation and application of the instrument are not feasible, the text contains some promising elements to build on. According to the main findings of the paper, in the new millennium no longer merely international trade in manufactured goods is a chief factor triggering the implementation of international instruments of contract law. The innovations which pose new challenges and regulatory needs, also addressed in the CESL, are trade in digital content and e-commerce. Considering a digital key to the success of regulatory aspirations, the paper thus outlines ways European and international legislation might go in terms of regulating cross-border trade in the age of information technology. Accordingly, the areas to focus on for a start are transactions for the supply of digital content and e-commerce transactions. * Juris Doctor, Eötvös Loránd University Faculty of Law, summa cum laude, 2016. The paper was written for and awarded First Prize in the 2014 Clive M. Schmitthoff Essay Competition. For the purposes of the present publication, the text has been shortened and footnotes have been updated.","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"57 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-05-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130405888","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

Oliari and the European Court of Human Rights: Where the Court Failed 奥利亚里与欧洲人权法院:法院失败之处

Pace International Law Review Pub Date : 2017-05-01 DOI: 10.58948/2331-3536.1370

Vito John Marzano

引用次数: 0

The New Era of Doing Business with Iran: Iran’s International Commercial Transactions and Global Security 与伊朗做生意的新时代:伊朗的国际商业交易和全球安全

Pace International Law Review Pub Date : 2017-01-27 DOI: 10.58948/2331-3536.1367

J. Vafai

{"title":"The New Era of Doing Business with Iran: Iran’s International Commercial Transactions and Global Security","authors":"J. Vafai","doi":"10.58948/2331-3536.1367","DOIUrl":"https://doi.org/10.58948/2331-3536.1367","url":null,"abstract":"On January 17, 2016, in a statement following his signing of the Joint Comprehensive Plan of Action (JCPOA) with Iran, President Obama addressed that country’s people, stating that “yours is a great civilization, with a vibrant culture that has so much to contribute to the world – in commerce, and in science and the arts.” While the former U.S. President’s evaluation of the Iranian people’s greatness is indisputable, there are questions concerning doing business with Iran which transcend conventional legal issues and commercial problems. Given the juxtaposition of Iran’s duopolistic government * JD, Tehran University; LLM, Yale University; JSD, Yale University; MPA, Harvard University; Research Fellow, Archival Magazine; Attorney at Law. The author wishes to thank Shannon Niehaus for her support and constructive critique of the earlier version of the manuscript. The author is grateful to Zulfiyya Kamali for her indefatigable assistance in various stages of this writing. The author acknowledges with appreciation the generous assistance of Jake B. Sher, JD, Pace Law School 2016, in editing and preparing this article for publication. The author is also grateful to Grant Lally for his insights in discussions throughout the course of the article’s preparation. This work has been undertaken under the auspices of Archival Magazine and Garza and Harris Ltd.","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2017-01-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132529097","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

Good Faith – The Gordian Knot of International Commerce 诚信——国际贸易的死结

Pace International Law Review Pub Date : 2016-08-10 DOI: 10.58948/2331-3536.1361

B. Zeller, C. Andersen

引用次数: 2

Controversy Over Information Privacy Arising From the Taiwan National Health Insurance Database Examining the Taiwan Taipei High Administrative Court Judgement No. 102-SU-36 (Tsai v. NHIA) 台湾全民健保数据库引发的资讯私隐争议——兼审台湾台北高等行政法院第102-SU-36号判决(蔡诉健保)

Pace International Law Review Pub Date : 2016-08-10 DOI: 10.58948/2331-3536.1362

Chen-Hung Chang

{"title":"Controversy Over Information Privacy Arising From the Taiwan National Health Insurance Database Examining the Taiwan Taipei High Administrative Court Judgement No. 102-SU-36 (Tsai v. NHIA)","authors":"Chen-Hung Chang","doi":"10.58948/2331-3536.1362","DOIUrl":"https://doi.org/10.58948/2331-3536.1362","url":null,"abstract":"This article examines the limitations of the application of traditional information privacy theory to disputes relating to modern technologies. If information privacy is understood as an individual’s right to full control over his information, activities involving the collection, process and use of personal data cannot be conducted without the data subject’s consent because his privacy rights would be affected as a result of such activities. Instead of the privacy interest approach, this article introduces a privacy harm approach to reconcile the defects of traditional privacy theory. The privacy interest approach helps identify situations in which an individual’s information privacy conflicts with the free flow of information, and the privacy harm approach comes into play to precisely evaluate and determine the reasonable extent of protection of the respective interest. This article applies this privacy-harm-oriented approach to Taiwan Taipei High Administrative Court Judgment, Tsai v. NHIA, to examine that the modified * S.J.D. candidate, American University Washington College of Law. Email: chihshein@gmail.com. The author would like to thank the production staff of Pace International Law Review for their assistance in preparing this paper for publication.","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-08-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128571623","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: 4

Rights of European Union Depositors Under Article 17 of the Charter of Fundamental Rights After the Cyprus Bail-Out 塞浦路斯纾困后欧盟存款人在基本权利宪章第17条下的权利

Pace International Law Review Pub Date : 2016-08-10 DOI: 10.58948/2331-3536.1365

Paul Artemou

引用次数: 1

The Torturers: Evaluating the Senate Select Intelligence Committee’s Torture Report and Assessing the Legal Liability of “Company Y” Under the Alien Tort Statute 酷刑者:评估参议院特别情报委员会的酷刑报告和评估“Y公司”在外国侵权法下的法律责任

Pace International Law Review Pub Date : 2016-08-10 DOI: 10.58948/2331-3536.1364

David J. Satnarine

引用次数: 0

Between Light and Shadow: The International Law Against Genocide in the International Court of Justice’s Judgement in Croatia v. Serbia (2015) 光与影之间:国际法院对克罗地亚诉塞尔维亚案判决中的反种族灭绝国际法(2015)

Pace International Law Review Pub Date : 2016-08-10 DOI: 10.58948/2331-3536.1363

Ines Gillich

{"title":"Between Light and Shadow: The International Law Against Genocide in the International Court of Justice’s Judgement in Croatia v. Serbia (2015)","authors":"Ines Gillich","doi":"10.58948/2331-3536.1363","DOIUrl":"https://doi.org/10.58948/2331-3536.1363","url":null,"abstract":"This Article identifies and critically analyzes the contributions the International Court of Justice (ICJ) made to the international law against genocide via the judgment in Application of the Convention on the Prevention and Punishment of the Crime of Genocide (Croatia v. Serbia) of February 3, 2015. This Article elaborates on the concept of genocide—a term that has originally been coined after the Armenian Genocide and the Holocaust—and the protection against this “crime of crimes” under international law. The analysis section of this Article refers to the historical and procedural context of the dispute between Croatia and Serbia in the case, which originates from the violent conflict between the two states following the dissolution of the former Socialist Federal Republic of Yugoslavia (SFRY). The main section of this Article criticizes the most important aspects of the ICJ’s judgment, especially the Court’s assessment of the constituent elements of genocide, the objective and the subjective components, while also taking into account the ICJ’s prior judgment in the Bosnian Genocide Case of 2007. The Article concludes that the ICJ’s reasoning is in line with its prior * Dr. iur. (Ph.D. equivalent), Johannes Gutenberg-University of Mainz, Germany; LL.M., University of California at Los Angeles. I thank Professor Maximo Langer of the UCLA School of Law for his support and advice.","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"98 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2016-08-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132452677","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

Anonymous Armies: Modern “Cyber-Combatants” and Their Prospective Rights Under International Humanitarian Law 匿名军队:现代“网络战斗人员”及其在国际人道法下的未来权利

Pace International Law Review Pub Date : 2016-08-10 DOI: 10.58948/2331-3536.1366

Jake B. Sher

引用次数: 0