{"title":"Comparative Sex Regimes and Corporate Governance: An Introduction","authors":"Darren Rosenblum","doi":"10.58948/2331-3536.1332","DOIUrl":"https://doi.org/10.58948/2331-3536.1332","url":null,"abstract":"","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"46 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128019621","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}
{"title":"Diversity in the Boardroom: A Content Analysis of Corporate Proxy Disclosures","authors":"Aaron A. Dhir","doi":"10.58948/2331-3536.1333","DOIUrl":"https://doi.org/10.58948/2331-3536.1333","url":null,"abstract":"","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-07-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114662636","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}
This Article examines general principles of international law through the innovative means of comparing their use in four different, novel areas of international law — international environmental law, international investment law, international criminal law, and international indigenous rights. By doing so, the Article is able to make the distinctive claim that there is no one, single methodology for analysis of general principles of international law. Rather, each area of international law tends to use a methodology suited to its policy objectives and overall characteristics as a specific area of law. The Article characterizes two predominant academic approaches to general principles: a purely “domestic approach” and a “hybrid approach”. The Article argues that international environmental law has tended to use a hybrid approach, whereas international investment law has limited itself to a domestic approach, manifesting immediately the differentiated analysis in different areas. International criminal law and international law on indigenous rights manifest more mixed approaches to analysis, again based on the needs of these different areas. These areas, however, also manifest some criticisms of the use of general principles that have led sometimes to restraints on them in the service of policy needs of different areas of international law. The Article ultimately puts the novel argument that this contextual analysis is not simply descriptively accurate but is a manifestation of an appropriate contextually-differentiated development of international law in light of concerns for its legitimacy in regulating actors other than state entities.
{"title":"A Contextualized Account of General Principles of International Law","authors":"M. Biddulph, D. Newman","doi":"10.58948/2331-3536.1346","DOIUrl":"https://doi.org/10.58948/2331-3536.1346","url":null,"abstract":"This Article examines general principles of international law through the innovative means of comparing their use in four different, novel areas of international law — international environmental law, international investment law, international criminal law, and international indigenous rights. By doing so, the Article is able to make the distinctive claim that there is no one, single methodology for analysis of general principles of international law. Rather, each area of international law tends to use a methodology suited to its policy objectives and overall characteristics as a specific area of law. The Article characterizes two predominant academic approaches to general principles: a purely “domestic approach” and a “hybrid approach”. The Article argues that international environmental law has tended to use a hybrid approach, whereas international investment law has limited itself to a domestic approach, manifesting immediately the differentiated analysis in different areas. International criminal law and international law on indigenous rights manifest more mixed approaches to analysis, again based on the needs of these different areas. These areas, however, also manifest some criticisms of the use of general principles that have led sometimes to restraints on them in the service of policy needs of different areas of international law. The Article ultimately puts the novel argument that this contextual analysis is not simply descriptively accurate but is a manifestation of an appropriate contextually-differentiated development of international law in light of concerns for its legitimacy in regulating actors other than state entities.","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2014-03-03","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126242407","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}
{"title":"Is the Albert H Kritzer Database Telling Us More Than We Know?","authors":"Thomas Neumann","doi":"10.58948/2331-3536.1349","DOIUrl":"https://doi.org/10.58948/2331-3536.1349","url":null,"abstract":"","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-12-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116624530","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}
{"title":"The Best Interests of the Child?: The Cultural Defense As Justification for Child Abuse","authors":"Strasburger, R. Lee","doi":"10.58948/2331-3536.1331","DOIUrl":"https://doi.org/10.58948/2331-3536.1331","url":null,"abstract":"","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"18 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-11-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126141322","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}
The art of constitution-making is never one-dimensional. In regard to the United States’ model, it has recently been argued that “[d]espite the enormous literature on the critical period, including the foreign affairs imperatives behind the movement for reform, it is not fully understood that the animus behind the reform effort that culminated in the new Constitution was a desire to ensure that the United States would be in a position to meet its international commitments and thereby earn international recognition.”1 While there are obvious differences, and while this concept is perhaps of even greater importance and more poignantly felt for a nation that has so long been plagued with issues of de facto and de jure recognition, many of the same factors that would make it incomplete to view the purpose of the American Constitution as a strictly internal document hold true for our strongest ally in the Middle East. After the establishment of the State of Israel in 1948, the young country experienced diplomatic isolation and Arab League boycotts. Today, Israel has diplomatic ties with 154 out of the other 191 member states of the United Nations, as well as with non-member Vatican City. This paper argues that the Adjunct Professor of Law, Georgia State University College of Law; SJD Candidate in Law and Religion at Emory University, alumnus of the Wexner Graduate Fellowship (Rabbinate, Yeshiva University). Served on the rabbinic staff at Mt Sinai Jewish Center in Washington Heights and the Beth Din of America in New York City; J.D., New York University School of Law, LLM, Emory University School of Law. 1 David M. Golove & Daniel J. Hulsebosch, A Civilized Nation: The Early American Constitution, the Law of Nations, and the Pursuit of International Recognition 116 (N.Y.U. Pub. Law & Legal Theory Working Papers, Paper No. 222), available at http://lsr.nellco.org/nyu_plltwp/222.
制宪的艺术从来不是单向度的。关于美国的模式，最近有人认为，“尽管有大量关于关键时期的文献，包括改革运动背后的外交事务必要性，但人们并没有完全理解，在新宪法中达到高潮的改革努力背后的敌意是确保美国能够履行其国际承诺，从而获得国际承认的愿望。”尽管存在着明显的差异，而且对于一个长期被事实和法律上的承认问题所困扰的国家来说，这一概念可能更为重要，也更为深刻，但是，将美国宪法的目的视为严格的内部文件是不完整的，许多同样的因素也适用于我们在中东最强大的盟友。1948年以色列国成立后，这个年轻的国家经历了外交孤立和阿拉伯联盟的抵制。今天，以色列与联合国191个成员国中的154个国家建立了外交关系，还与非成员国梵蒂冈建立了外交关系。本文认为，佐治亚州立大学法学院法学副教授;埃默里大学法律和宗教学士学位候选人，韦克斯纳研究生奖学金(犹太拉比，叶史瓦大学)校友。曾在华盛顿高地的西奈山犹太中心和纽约市的美国贝斯丁担任拉比工作人员;1 David M. Golove和Daniel J. Hulsebosch著:《一个文明的国家:早期美国宪法、国际法和对国际承认的追求》116(纽约大学出版社)。《法律与法律理论工作文件》，第222号文件)，可在http://lsr.nellco.org/nyu_plltwp/222查阅。
{"title":"The State of Israel's Constitution; A Comparison of Civilized Nations","authors":"Mark Goldfeder","doi":"10.58948/2331-3536.1328","DOIUrl":"https://doi.org/10.58948/2331-3536.1328","url":null,"abstract":"The art of constitution-making is never one-dimensional. In regard to the United States’ model, it has recently been argued that “[d]espite the enormous literature on the critical period, including the foreign affairs imperatives behind the movement for reform, it is not fully understood that the animus behind the reform effort that culminated in the new Constitution was a desire to ensure that the United States would be in a position to meet its international commitments and thereby earn international recognition.”1 While there are obvious differences, and while this concept is perhaps of even greater importance and more poignantly felt for a nation that has so long been plagued with issues of de facto and de jure recognition, many of the same factors that would make it incomplete to view the purpose of the American Constitution as a strictly internal document hold true for our strongest ally in the Middle East. After the establishment of the State of Israel in 1948, the young country experienced diplomatic isolation and Arab League boycotts. Today, Israel has diplomatic ties with 154 out of the other 191 member states of the United Nations, as well as with non-member Vatican City. This paper argues that the Adjunct Professor of Law, Georgia State University College of Law; SJD Candidate in Law and Religion at Emory University, alumnus of the Wexner Graduate Fellowship (Rabbinate, Yeshiva University). Served on the rabbinic staff at Mt Sinai Jewish Center in Washington Heights and the Beth Din of America in New York City; J.D., New York University School of Law, LLM, Emory University School of Law. 1 David M. Golove & Daniel J. Hulsebosch, A Civilized Nation: The Early American Constitution, the Law of Nations, and the Pursuit of International Recognition 116 (N.Y.U. Pub. Law & Legal Theory Working Papers, Paper No. 222), available at http://lsr.nellco.org/nyu_plltwp/222.","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"94 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-11-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124396849","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}
{"title":"Imitation May Not Always Be the Sincerest Form of Flattery: Why Color Wars in the United States and Europe May Result in Brand Dilution and Color Depletion","authors":"Taylor Piscionere","doi":"10.58948/2331-3536.1327","DOIUrl":"https://doi.org/10.58948/2331-3536.1327","url":null,"abstract":"","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-11-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127216489","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}
{"title":"ASEAN IP Harmonization: Striking the Delicate Balance","authors":"E. Ng","doi":"10.58948/2331-3536.1330","DOIUrl":"https://doi.org/10.58948/2331-3536.1330","url":null,"abstract":"","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-11-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129589967","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}
Back in 1985, when knowledge of HIV began to spread, governments reacted by passing immigration laws to restrict the entry of HIV positive individuals. These laws required such individuals to either declare their HIV status or undergo mandatory HIV testing to secure entry. As justification for these initiatives, many countries claimed to be preserving the public health and their domestic economy. The United States, China, and Russia are three countries that have had, or still have, some form of HIV immigration restrictions. Initially, it may seem logical that preventing HIV positive individuals from entering a country will cut down on the spread of HIV and save the economy from health care costs. Nevertheless, an analysis of the HIV travel restrictions of these three countries will show that the public health and economic reasoning behind such laws is flawed because HIV is not spread by casual contact and because economic goals can be accomplished with less restrictive means. Moreover, this article will further reveal that HIV travel restrictions contribute to several health concerns and create issues with confidentially and stigmatization. In the end, a comparative analysis of these three countries, with specific attention paid to their successes and failures, reveals that the best system is one that works on both an international and domestic level. On the international level, border Articles Editor, Pace International Law Review, 2012-2013; J.D. Candidate, Pace University School of Law (expected May 2013). Special thanks to the 2011-2012 and the 2012-2013 editorial boards, as well as the articles groups that aided in preparing this article for publication.
早在1985年，当艾滋病毒的知识开始传播时，各国政府的反应是通过移民法来限制艾滋病毒携带者的入境。这些法律要求这些人要么宣布他们的艾滋病毒状况，要么接受强制性的艾滋病毒检测以确保入境。作为这些举措的理由，许多国家声称是为了维护公共卫生和国内经济。美国、中国和俄罗斯这三个国家已经或仍然有某种形式的艾滋病毒移民限制。最初，阻止艾滋病毒阳性个体进入一个国家将减少艾滋病毒的传播，并从医疗保健费用中节省经济，这似乎是合乎逻辑的。然而，对这三个国家的艾滋病毒旅行限制的分析将表明，这些法律背后的公共卫生和经济理由是有缺陷的，因为艾滋病毒不是通过偶然接触传播的，因为经济目标可以用较少限制的手段来实现。此外，本文将进一步揭示，艾滋病毒旅行限制会导致若干健康问题，并造成保密和污名化问题。最后，对这三个国家进行比较分析，特别注意它们的成功和失败，结果表明，最好的制度是在国际和国内两个层面上都有效的制度。国际层面，2012-2013年《佩斯国际法评论》(Pace international Law Review)主编;佩斯大学法学院法学博士候选人(预计2013年5月)。特别感谢2011-2012年和2012-2013年的编辑委员会，以及帮助准备本文发表的文章组。
{"title":"Guarding International Borders Against HIV: A Comparative Study in Futility","authors":"Matthew J. DeFazio","doi":"10.58948/2331-3536.1329","DOIUrl":"https://doi.org/10.58948/2331-3536.1329","url":null,"abstract":"Back in 1985, when knowledge of HIV began to spread, governments reacted by passing immigration laws to restrict the entry of HIV positive individuals. These laws required such individuals to either declare their HIV status or undergo mandatory HIV testing to secure entry. As justification for these initiatives, many countries claimed to be preserving the public health and their domestic economy. The United States, China, and Russia are three countries that have had, or still have, some form of HIV immigration restrictions. Initially, it may seem logical that preventing HIV positive individuals from entering a country will cut down on the spread of HIV and save the economy from health care costs. Nevertheless, an analysis of the HIV travel restrictions of these three countries will show that the public health and economic reasoning behind such laws is flawed because HIV is not spread by casual contact and because economic goals can be accomplished with less restrictive means. Moreover, this article will further reveal that HIV travel restrictions contribute to several health concerns and create issues with confidentially and stigmatization. In the end, a comparative analysis of these three countries, with specific attention paid to their successes and failures, reveals that the best system is one that works on both an international and domestic level. On the international level, border Articles Editor, Pace International Law Review, 2012-2013; J.D. Candidate, Pace University School of Law (expected May 2013). Special thanks to the 2011-2012 and the 2012-2013 editorial boards, as well as the articles groups that aided in preparing this article for publication.","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"100 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-11-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128833186","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}
Those who commit gross human rights violations have historically not been held accountable for their actions. That is no longer the case. The modern trend is to prosecute individuals who commit human rights atrocities. As the United Nations Secretary General Ban Ki-moon has stated, international law has evolved from an "old era of impunity" to a "new age of accountability." Most international scholars would support this trend. However, the prospect of criminal prosecution may cause human rights violators to to be more reluctant to give up power and agree to any peaceful resolution of a conflict. This article makes the case that a one size fits all approach which mandates criminal accountability in each and every instance in which human rights have been violated may actually make it more difficult in some situations to achieve peace. Therefore, a more flexible approach is required. This article suggests that in some circumstances, the international community should be able to forgo prosecutions if the U.N Security Council determines that the prospect of criminal prosecution may hinder the peaceful resolution of a conflict. This article proposes that the Security Council be given the authority to grant amnesty to human rights violators if it decides that is what is necessary in order to restore international peace and security.
{"title":"Justice or Peace? A Proposal for Resolving the Dilemma","authors":"Kenneth A. Williams","doi":"10.2139/SSRN.2337615","DOIUrl":"https://doi.org/10.2139/SSRN.2337615","url":null,"abstract":"Those who commit gross human rights violations have historically not been held accountable for their actions. That is no longer the case. The modern trend is to prosecute individuals who commit human rights atrocities. As the United Nations Secretary General Ban Ki-moon has stated, international law has evolved from an \"old era of impunity\" to a \"new age of accountability.\" Most international scholars would support this trend. However, the prospect of criminal prosecution may cause human rights violators to to be more reluctant to give up power and agree to any peaceful resolution of a conflict. This article makes the case that a one size fits all approach which mandates criminal accountability in each and every instance in which human rights have been violated may actually make it more difficult in some situations to achieve peace. Therefore, a more flexible approach is required. This article suggests that in some circumstances, the international community should be able to forgo prosecutions if the U.N Security Council determines that the prospect of criminal prosecution may hinder the peaceful resolution of a conflict. This article proposes that the Security Council be given the authority to grant amnesty to human rights violators if it decides that is what is necessary in order to restore international peace and security.","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2013-10-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126938376","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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