Vanderbilt Journal of Transnational Law最新文献_第3页

A Global Water Apartheid: From Revelation to Resolution 全球水种族隔离:从启示到解决

Vanderbilt Journal of Transnational Law Pub Date : 2009-10-29 DOI: 10.2139/SSRN.1496616

I. Kornfeld

{"title":"A Global Water Apartheid: From Revelation to Resolution","authors":"I. Kornfeld","doi":"10.2139/SSRN.1496616","DOIUrl":"https://doi.org/10.2139/SSRN.1496616","url":null,"abstract":"In 1992 Stephen McCaffrey authored a seminal article proposing a human right to water. In the intervening years a stream of scholarship affirming the right has followed McCaffrey’s lead. Today, the existence of a human right to water is seldom challenged and it now appears to be well rooted in international human rights law. Nevertheless, to date there has been little to no scholarship about what the practical contours of the right should be. If legal tools are to benefit the world’s poor and disenfranchised they cannot be void due to the impossibility of implementation. This is the problem with the purported human right to water. It is quixotic. International lawyers then must ferret out the means to provide those who have little or no access to potable water and proper sanitation with a suite of meaningful and workable legal options. This article proposes a legal and pragmatic solution to the problem of potable water for the world’s poor, and unpacks the contours of the human right to water. The solution offered herein is based on a model of privatized access to water, which is grounded in a micro-financing paradigm, based on a loan program that was part of the New Deal’s Rural Electrification Act of 1936 (“REA”). This model therefore sidesteps the rights–based scheme, resting upon a more concrete foundation, one based on measurable results, i.e., how many people will obtain access to water versus how many will not.The tools proposed here, which include the use of micro-credit loans, as well as the implementation of a mechanism such as the REA’s loan program will aid the 2.2 billion people in the world that lack potable water and proper sanitation. Both of these approaches have been tested across the span of decades and they have been proven to routinely solve the problems of the poor and disenfranchised.","PeriodicalId":439669,"journal":{"name":"Vanderbilt Journal of Transnational Law","volume":"3 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2009-10-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133258745","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

Legal Aspects of Prior InformedConsent on Access to GeneticResources: An Analysis of Global Lawmaking and Local Implementation Toward an Optimal Normative Construction 遗传资源获取事先知情同意的法律问题:全球立法与地方实施的最佳规范构建分析

Vanderbilt Journal of Transnational Law Pub Date : 2009-01-16 DOI: 10.2139/SSRN.1843070

Kuei-jung Ni

引用次数: 8

Comparative Models of Reporting Mechanisms on the Status of Trafficking in Human Beings 人口贩运状况报告机制的比较模式

Vanderbilt Journal of Transnational Law Pub Date : 2008-11-01 DOI: 10.1037/e517292011-376

Mohamed Y. Mattar

{"title":"Comparative Models of Reporting Mechanisms on the Status of Trafficking in Human Beings","authors":"Mohamed Y. Mattar","doi":"10.1037/e517292011-376","DOIUrl":"https://doi.org/10.1037/e517292011-376","url":null,"abstract":"A comprehensive approach to combating trafficking in human beings requires precise knowledge of the scope of the problem and constant evaluation of government responses. Reporting on the status of human trafficking achieves both goals. This Article is designed to examine the various human trafficking reporting mechanisms, including reports that states are required to submit to the United Nations as well as national reports whereby governments engage in a process of selfassessment. Comparative models from Europe and the United States will be examined. The Article analyzes reports released by interministerial task forces as well as congressional hearings held on progress made and future steps that must be taken. This Article advocates establishing an independent and competent national rapporteur or a similar mechanism to assess government actions to combat the problem and recommend changes that should be implemented to reform existing frameworks. While reporting is an essential element of monitoring the status of human trafficking, it has not received adequate attention. This Article attempts to provide the first comprehensive study on the issue. * Mohamed Y. Mattar is Research Professor of Law and Executive Director of The Protection Project at Johns Hopkins University School of Advanced International Studies (SAIS). The Author would like to thank Anna Koppel, Marina Elefante, and Leanne Cochrane for conducting extensive research on the topic. This Article is based upon a speech delivered by Mohamed Y. Mattar to the Organization for Security and Co-operation in Europe (OSCE) at a conference in Vienna, Austria, on May 21, 2007, entitled “Alliance Against Trafficking in Persons, National Monitoring and Reporting Mechanism to Address Trafficking in Human Beings: The Role of National Rapporteurs.” The Author would like to thank Mrs. Eva Biaudet, the OSCE Special Representative and Coordinator for Combating Trafficking in Human Beings, for organizing such an important forum. 1356 VANDERBILT JOURNAL OF TRANSNATIONAL LAW [Vol. 41:1355","PeriodicalId":439669,"journal":{"name":"Vanderbilt Journal of Transnational Law","volume":"37 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-11-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134355707","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: 8

Avoid or Compensate? Liability for Incidental Injury to Civilians Inflicted During Armed Conflict 避免还是补偿?武装冲突期间平民意外伤害的责任

Vanderbilt Journal of Transnational Law Pub Date : 2008-08-13 DOI: 10.2139/SSRN.1222864

Y. Ronen

{"title":"Avoid or Compensate? Liability for Incidental Injury to Civilians Inflicted During Armed Conflict","authors":"Y. Ronen","doi":"10.2139/SSRN.1222864","DOIUrl":"https://doi.org/10.2139/SSRN.1222864","url":null,"abstract":"Under international law, civilians suffering injuries that are incidental, that is unintentional and proportionate, to a lawful attack on a military objective, are left to bear the cost of their losses. In recent years there have been calls for a change in policy, which would entitle victims of military attacks to compensation, even if their losses sustained are incidental and non-fault based. Such a quasi-strict liability rule, while morally laudable, is likely to disrupt the existing balance of powers and interests under the laws of armed conflict and therefore requires close examination. This article begins with an exploration of the conceptual basis for such an obligation, which informs the scope of arguments in support of and opposition to the proposal. It then examines the effect of a strict liability rule on the conduct of parties to a conflict, taking into account that for individual victims, avoidance is always preferable to compensation. This examination is based on an economic analysis. A final question is how to ensure that the liability of the injuring party translates into an effective mechanism for securing compensation. The article concludes that if the moral commitment to victims justifies a strict liability rule, considerations of utility require and can be met with a fine-tuning of the obligation and its implementing mechanisms","PeriodicalId":439669,"journal":{"name":"Vanderbilt Journal of Transnational Law","volume":"52 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2008-08-13","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122455733","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: 17

The Demise of Regulation in Ocean Shipping: A Study in the Evolution of Competition Policy and the Predictive Power of Microeconomics 远洋航运管制的消亡:竞争政策演变与微观经济学预测能力研究

Vanderbilt Journal of Transnational Law Pub Date : 2006-05-01 DOI: 10.2139/ssrn.616063

C. Sagers

{"title":"The Demise of Regulation in Ocean Shipping: A Study in the Evolution of Competition Policy and the Predictive Power of Microeconomics","authors":"C. Sagers","doi":"10.2139/ssrn.616063","DOIUrl":"https://doi.org/10.2139/ssrn.616063","url":null,"abstract":"Over its 140 year history, ocean liner shipping has almost always enjoyed an antitrust exemption permitting price-fixing cartels of ocean carriers. The exemption was premised on the belief that problems of cost and capacity inherent in the trade can be resolved only by horizontal collusion. Now that that exemption has been whittled away by deregulatory efforts, the preand post-deregulation evidence presents one of the world's rare opportunities for natural experiment on the behavior and effectiveness of collusive cartel pricing. Moreover, because normal and effective competition never really existed prior to 1998, the normative foundation of the antitrust exemption was based almost entirely on theoretically modeled economic arguments. Observing the industry's behavior under deregulation is therefore a before-and-after opportunity to test the predictive accuracy of at least one body of economic argument. Finally, the evolution of shipping policy is also part of a larger historiography-the shipping exemption reflects the larger story of government efforts to cope with the problems of industrial organization. * Assistant Professor of Law, Cleveland State University; I welcome all feedback at csagers@law.csuohio.edu. My thanks for feedback to Peter Carstensen and Spencer Weber Waller. Steve Calkins provided substantial comments on a slightly different version. This Article builds on formal comments drafted by the Author on behalf of the Section of Antitrust Law, American Bar Association, for submission by the Section to the U.S. Antitrust Modernization Commission, an ad hoc expert body empanelled by Congress in 2002. The Section's official comments are available at http://www.amc.gov/ publicstudies fr28902/immunities-exemptions pdf/060317_ABAShippingAct.pdf. HeinOnline -39 Vand. J. Transnat'l L. 779 2006 780 VANDERBIL T]OURNAL OF TRANSNA TIONAL LAW","PeriodicalId":439669,"journal":{"name":"Vanderbilt Journal of Transnational Law","volume":"9 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2006-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133769014","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: 15

Adapting Corporate Governance for Sustainable Peace 调整公司治理以促进可持续和平

Vanderbilt Journal of Transnational Law Pub Date : 2003-07-22 DOI: 10.2139/SSRN.373182

Timothy L. Fort, Cindy A. Schipani

{"title":"Adapting Corporate Governance for Sustainable Peace","authors":"Timothy L. Fort, Cindy A. Schipani","doi":"10.2139/SSRN.373182","DOIUrl":"https://doi.org/10.2139/SSRN.373182","url":null,"abstract":"In previous work, we argued that there is a link between corporate governance and the reduction of violence. In this manuscript, we further explore that link with a focus on how corporations can work toward the goal of reduction of violence in the societies in which they operate. Here, we pose the question of how well suited various corporate governance regimes are to face these complexities, and how they can do so in ways that are consistent with their fundamental principles. We focus on the corporate governance regimes of the United States, Germany and Japan. A common denominator of the political entities addressed is a commitment to a political regime of democracy. Section I outlines our thesis that corporations are in a position to make contributions to peace in society because of shifting political balances of power. It elaborates with the idea that our contemporary world has shifted from traditional balance of power conceptions in terms of the near universal embrace of parliamentary democracy requiring some reformulated description of the optimal relations among democracy, peace, and globalization. This section establishes the general parameters of the argument that democracy and peace are linked and that there are serious charges that globalization works against democracy and thereby threatens the sustainability of peace. Section II analyzes comparative models of corporate governance and considers the extent to which contemporary corporate governance models look to peace and workplace security as aims they should achieve. Concluding remarks follow in Section III.","PeriodicalId":439669,"journal":{"name":"Vanderbilt Journal of Transnational Law","volume":"189 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2003-07-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115600434","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: 33

War And The Business Corporation 战争与商业公司

Vanderbilt Journal of Transnational Law Pub Date : 2002-01-18 DOI: 10.2139/SSRN.298822

Eric W. Orts

引用次数: 10

Women and Globalization: The Failure and Postmodern Possibilities of International Law 妇女与全球化:国际法的失败与后现代可能性

Vanderbilt Journal of Transnational Law Pub Date : 2000-05-01 DOI: 10.4324/9781315092591-3

Barbara Stark

{"title":"Women and Globalization: The Failure and Postmodern Possibilities of International Law","authors":"Barbara Stark","doi":"10.4324/9781315092591-3","DOIUrl":"https://doi.org/10.4324/9781315092591-3","url":null,"abstract":"This Article examines the role of international law, particularly human rights law, as it relates to the process of globalization and its effects on women. Initially, the Article sets the stage by describing the course of globalization and the dramatic impact it has had on the world economy. The Author next examines the multiple and contradictory consequences of globalization for women. The Article approaches this analysis from two perspectives. First, from a 'classic perspective,\" the Author contends that international law is the only legal system with the potential to regulate the principal agents of globalizationmultinational corporations, banks and investment firms, and international organizations-and to insist that they respect * Professor of Law, University of Tennessee College of Law. B.A., Cornell; J.D., N.Y.U.; LL.M., Columbia. Early versions of this Article were presented at the 1999 Annual Meeting of the American Society of International Law and a Faculty Colloquium at the University of Tennessee. Thanks to all for their helpful comments, especially Tom Galligan and Dwight Aarons, to Fran Ansley for her careful reading of an earlier draft, to the College of Law for its generous support, and to Angela O'Neal for her research assistance. I am also indebted to Pat McNeil for her heroic efforts with the manuscript.","PeriodicalId":439669,"journal":{"name":"Vanderbilt Journal of Transnational Law","volume":"59 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2000-05-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"132244369","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: 14

Gender Voice and Correlations with Peace 性别声音及其与和平的关系

Vanderbilt Journal of Transnational Law Pub Date : 1900-01-01 DOI: 10.2139/SSRN.373484

T. Dworkin, Cindy A. Schipani

{"title":"Gender Voice and Correlations with Peace","authors":"T. Dworkin, Cindy A. Schipani","doi":"10.2139/SSRN.373484","DOIUrl":"https://doi.org/10.2139/SSRN.373484","url":null,"abstract":"The statistics regarding violence in today???s society are staggering. A newly released study published by the World Health Organization, making headlines in the Wall Street Journal (Oct. 3, 2002) reports that ???Violence Took 1.6 Million Lives in 2000.??? Notably, this report considers only the data obtained from the seventy countries that report such statistics to the World Health Organization. It does not include reports from many countries whose violence is also high, such as Burundi, Rwanda, Iraq, Liberia and Afghanistan. This manuscript seeks to address some of these issues of violence by considering issues of gender. We pose the question whether there may be some correlation between violence and the lack meaningful involvement of women in the economy. If the countries that appear more violent are also countries where women are systematically excluded from business opportunities, perhaps one way to curb some of the societal violence would be to improve the opportunities for women in the economy. Multi-national corporations can play an important role in increasing these opportunities. As has been argued elsewhere, a reduction in poverty promotes stability and leads to a more peaceful society. Studies show that in developing countries, involving women in the economy as wage earners can reduce poverty. As the locus of production shifts away from the home, an initial decline in employment opportunities may occur. However, this eventually disappears and both women and men benefit.","PeriodicalId":439669,"journal":{"name":"Vanderbilt Journal of Transnational Law","volume":"211 4 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"1900-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122456685","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: 3

Nationbuilding 101: Reductionism in Property, Liberty, and Corporate Governance 国家建设101:财产、自由和公司治理的还原论

Vanderbilt Journal of Transnational Law Pub Date : 1900-01-01 DOI: 10.2139/SSRN.373180

O. Reed

引用次数: 12