{"title":"United Nations at 75 and the Challenges Facing International Law","authors":"V. Nanda","doi":"10.58948/2331-3536.1412","DOIUrl":"https://doi.org/10.58948/2331-3536.1412","url":null,"abstract":"","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"20 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2021-05-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124871586","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 Rise of Transnational Commercial Courts: The Astana International Financial Centre Court","authors":"I. Bantekas","doi":"10.58948/2331-3536.1403","DOIUrl":"https://doi.org/10.58948/2331-3536.1403","url":null,"abstract":"","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"102 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117271365","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":"Fish Don't Litter in Your House: Is International Law the Solution to the Plastic Pollution Problem?","authors":"Taylor G. Keselica","doi":"10.58948/2331-3536.1406","DOIUrl":"https://doi.org/10.58948/2331-3536.1406","url":null,"abstract":"","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"2015 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-12-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125895352","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":"International and Foreign Legal Research Resources at the Law Library of Congress","authors":"M. Wojcik","doi":"10.58948/2331-3536.1401","DOIUrl":"https://doi.org/10.58948/2331-3536.1401","url":null,"abstract":"","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"328 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133536261","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}
Australia’s Tobacco Plain Packaging Act 2011 (TPP) and corresponding regulations specify that tobacco products be packaged in a particular size box and be made of certain material.2 No trademark other than the brand’s name may be printed, and font, letter size, color, and other packaging aspects are specified with particularity.3 These measures recently withstood a contentious dispute settlement request submitted on multiple grounds by four World Trade Organization (WTO) Member countries.4 What does the WTO’s Panel Report in this case tell us about the extent to which a country can take measures to advance its public health initiatives without violating obligations under Article 20 of the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS)? What is the legal test for deciding this? To what extent can WTO Members undertake broad policy initiatives with the objective of protecting public health? Could WTO Members carry out these initiatives even when the consequence is far-reaching diminishment of branding and economic value of other Members’ trademark rights? Could the WTO Panel’s findings in this case embolden countries to take similar action with other consumer products medically proven to cause harm? 2 See generally Tobacco Plain Packaging Act 2011 (Cth) (Austl.) [hereinafter TPP Act 2011]; WHO Framework Convention on Tobacco Control May 21, 2003, 2301 U.N.T.S. 166, available at http://whqlibdoc.who.int/publications/2003/9241591013.pdf (recognizing the health, social, economic and environmental consequences of tobacco consumption and exposure to tobacco smoke, WHO negotiated its first treaty in 2003 and garnered 168 Signatories); for clarity, I will use the abbreviation “TPP” to refer only to the Tobacco Plain Packaging Act 2011, and the term “TPP measures” to include both the Act and corresponding regulations, this phrasing is consistent with the WTO’s usage of these terms in Australia Trademark Panel Report. 3 TPP Act 2011, supra note 2, ch 2 pt II div 1 sub-div 18. 4 See generally Panel Report, Australia — Certain Measures Concerning Trademarks, Geographical Indications and Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging, WTO Doc. WT/DS435/R; WT/DS441/R; WT/DS458/R; WT/DS467/R (adopted June 28, 2018) [hereinafter Australia Trademarks Panel Report] (showing complainants are Honduras, the Dominican Republic, Cuba, and Indonesia, respectively).
{"title":"Australia’s Tobacco Plain Packaging Law: An Analysis of the TRIPS Article 20 Challenge at the WTO","authors":"Cheryl Kirschner","doi":"10.58948/2331-3536.1399","DOIUrl":"https://doi.org/10.58948/2331-3536.1399","url":null,"abstract":"Australia’s Tobacco Plain Packaging Act 2011 (TPP) and corresponding regulations specify that tobacco products be packaged in a particular size box and be made of certain material.2 No trademark other than the brand’s name may be printed, and font, letter size, color, and other packaging aspects are specified with particularity.3 These measures recently withstood a contentious dispute settlement request submitted on multiple grounds by four World Trade Organization (WTO) Member countries.4 What does the WTO’s Panel Report in this case tell us about the extent to which a country can take measures to advance its public health initiatives without violating obligations under Article 20 of the Agreement on Trade-Related Aspects of Intellectual Property (TRIPS)? What is the legal test for deciding this? To what extent can WTO Members undertake broad policy initiatives with the objective of protecting public health? Could WTO Members carry out these initiatives even when the consequence is far-reaching diminishment of branding and economic value of other Members’ trademark rights? Could the WTO Panel’s findings in this case embolden countries to take similar action with other consumer products medically proven to cause harm? 2 See generally Tobacco Plain Packaging Act 2011 (Cth) (Austl.) [hereinafter TPP Act 2011]; WHO Framework Convention on Tobacco Control May 21, 2003, 2301 U.N.T.S. 166, available at http://whqlibdoc.who.int/publications/2003/9241591013.pdf (recognizing the health, social, economic and environmental consequences of tobacco consumption and exposure to tobacco smoke, WHO negotiated its first treaty in 2003 and garnered 168 Signatories); for clarity, I will use the abbreviation “TPP” to refer only to the Tobacco Plain Packaging Act 2011, and the term “TPP measures” to include both the Act and corresponding regulations, this phrasing is consistent with the WTO’s usage of these terms in Australia Trademark Panel Report. 3 TPP Act 2011, supra note 2, ch 2 pt II div 1 sub-div 18. 4 See generally Panel Report, Australia — Certain Measures Concerning Trademarks, Geographical Indications and Other Plain Packaging Requirements Applicable to Tobacco Products and Packaging, WTO Doc. WT/DS435/R; WT/DS441/R; WT/DS458/R; WT/DS467/R (adopted June 28, 2018) [hereinafter Australia Trademarks Panel Report] (showing complainants are Honduras, the Dominican Republic, Cuba, and Indonesia, respectively).","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"64 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124826131","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 Language of International Human Rights Law as a Foundation for the Prevention, and Peaceful Resolution of Ethnic, and Political Conflicts in Bolivia","authors":"Yuri Mantilla","doi":"10.58948/2331-3536.1398","DOIUrl":"https://doi.org/10.58948/2331-3536.1398","url":null,"abstract":"","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"91 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126157328","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":"Forgetting the Right to be Forgotten: The Everlasting Negative Implications of a Right to be Dereferenced on Global Freedom in the Wake of Google v. CNIL","authors":"Hunter Criscione","doi":"10.58948/2331-3536.1400","DOIUrl":"https://doi.org/10.58948/2331-3536.1400","url":null,"abstract":"","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-04-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115440761","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":"Towards A New Generation in Central American Trade: Proposals for Modernizing CAFTA-DR","authors":"Julia E. Johnson","doi":"10.58948/2331-3536.1396","DOIUrl":"https://doi.org/10.58948/2331-3536.1396","url":null,"abstract":"","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"28 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133080619","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}
Similar to most international and hybrid criminal tribunals, the International Criminal Tribunal for the former Yugoslavia used the doctrine or theory of Joint Criminal Enterprise (JCE) as a mode of liability when prosecuting and convicting those most responsible, namely, state and non-state political and military leaders, in cases of international crimes. Against such background, the main research questions of this article are whether JCE should be applied in cases of those most responsible for international crimes and whether JCE should be replaced by the “control over the crime” approach. Overall, this article argues and finds two main points. First, JCE presents major issues when applied to cases involving senior leaders. Second, as done by the International Criminal Court, JCE 1 * Dr. Juan-Pablo Pérez-León-Acevedo is a researcher at PluriCourts: The Legitimacy of the International Judiciary (Research Council of Norway Project Number 223274), Faculty of Law, University of Oslo where he has also lectured in international law courses and supervises master’s degree theses. He holds a doctoral degree in social sciences (international law) (Åbo Akademi University, Finland); a LLM degree (Columbia University, USA); a professional title of lawyer and an LLB degree (Catholic University of Peru). E-mail: j.p.p.l.acevedo@jus.uio.no A part of this article was done during the author’s research stay at the Department of Criminal Law of the Max Planck Institute for Foreign and International Criminal Law (Freiburg, Germany). He served in different capacities at the International Criminal Court, the International Criminal Tribunal for the Former Yugoslavia, etc. The opinions expressed in this article are the author’s own and do not necessarily reflect the views of the above-mentioned institutions.
{"title":"Bringing the Bosses to International Criminal Trials: The Problems with Joint Criminal Enterprise and the “Control over the Crime” Approach As a Better Alternative","authors":"Juan-Pablo Perez-Leon-Acevedo","doi":"10.58948/2331-3536.1394","DOIUrl":"https://doi.org/10.58948/2331-3536.1394","url":null,"abstract":"Similar to most international and hybrid criminal tribunals, the International Criminal Tribunal for the former Yugoslavia used the doctrine or theory of Joint Criminal Enterprise (JCE) as a mode of liability when prosecuting and convicting those most responsible, namely, state and non-state political and military leaders, in cases of international crimes. Against such background, the main research questions of this article are whether JCE should be applied in cases of those most responsible for international crimes and whether JCE should be replaced by the “control over the crime” approach. Overall, this article argues and finds two main points. First, JCE presents major issues when applied to cases involving senior leaders. Second, as done by the International Criminal Court, JCE 1 * Dr. Juan-Pablo Pérez-León-Acevedo is a researcher at PluriCourts: The Legitimacy of the International Judiciary (Research Council of Norway Project Number 223274), Faculty of Law, University of Oslo where he has also lectured in international law courses and supervises master’s degree theses. He holds a doctoral degree in social sciences (international law) (Åbo Akademi University, Finland); a LLM degree (Columbia University, USA); a professional title of lawyer and an LLB degree (Catholic University of Peru). E-mail: j.p.p.l.acevedo@jus.uio.no A part of this article was done during the author’s research stay at the Department of Criminal Law of the Max Planck Institute for Foreign and International Criminal Law (Freiburg, Germany). He served in different capacities at the International Criminal Court, the International Criminal Tribunal for the Former Yugoslavia, etc. The opinions expressed in this article are the author’s own and do not necessarily reflect the views of the above-mentioned institutions.","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"1 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133550825","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}
International economic agreements increasingly touch on fundamental principles of corporate governance. The trend contrasts with existing scholarship, which assumes corporate law evolves via domestic mechanisms. This Article introduces the EU-Japan Economic Partnership Agreement, with its dedicated chapter on corporate governance, as a case study. At the normative level, the emergence of corporate governance in international agreements represents a positive development by enabling countries to signal and put into action commitments for better governance. Given these recent developments, the field of comparative corporate governance should incorporate international agreements as an emerging source of law.
{"title":"The International Law of Corporate Governance","authors":"R. Sachs","doi":"10.58948/2331-3536.1395","DOIUrl":"https://doi.org/10.58948/2331-3536.1395","url":null,"abstract":"International economic agreements increasingly touch on fundamental principles of corporate governance. The trend contrasts with existing scholarship, which assumes corporate law evolves via domestic mechanisms. This Article introduces the EU-Japan Economic Partnership Agreement, with its dedicated chapter on corporate governance, as a case study. At the normative level, the emergence of corporate governance in international agreements represents a positive development by enabling countries to signal and put into action commitments for better governance. Given these recent developments, the field of comparative corporate governance should incorporate international agreements as an emerging source of law.","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-12-19","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127390325","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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