{"title":"Italy and the Aquarius: A Migrant Crisis","authors":"A. Larkin","doi":"10.58948/2331-3536.1397","DOIUrl":"https://doi.org/10.58948/2331-3536.1397","url":null,"abstract":"","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"12 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":"123816800","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}
Over the course of the last 20 years, the Leahy Law has become one of the cornerstones of foreign and human rights policy. Yet, despite its largely unchallenged importance, field practitioners and other stakeholders have identified a number of substantive and practical deficiencies that greatly diminish the law’s ability to achieve the desired effect, and worse, may pose a risk to the United States’ interests. In reflecting on these deficiencies, and armed with decades of data and anecdotal evidence, this Article proposes adjustments focused on better aligning the law’s intent and effect. These recommendations range from semantic edits to substantive policy changes which may affect the way that Leahy operates in substantial ways. We should not fear revisiting the original intentions now that we have seen how the law operates. Like all things, the Leahy Law must be continually improved or it risks becoming an empty remnant of its former self. America needs to be a world leader in the area of human rights, but it requires functional tools in order to do so. Congress needs to sharpen the blade and it’s the author’s hope that, by implementing the changes presented in this Article, it can do just that. * Captain Nandor Kiss is a Judge Advocate in the United States Army. He is currently serving as a military prosecutor at Fort Bliss, Texas and previously served as an Operations Officer and Legal Advisor for Essential Function 3 – Rule of Law, part of NATO’s Resolute Support mission in Kabul, Afghanistan. Special thanks to Colonel Andrew McKee for helping navigate Department of Defense pre-publication review, and to Major Joey Comley, Lieutenant Colonel Michael Baileys, and my wife, Captain Erin Kiss, for reviewing my drafts and providing their thoughts and advice. The views presented are those of the author and do not necessarily represent the views of the Department of Defense or its components.
{"title":"Leahy—Sharpening the Blade","authors":"Nandor F.R. Kiss","doi":"10.58948/2331-3536.1390","DOIUrl":"https://doi.org/10.58948/2331-3536.1390","url":null,"abstract":"Over the course of the last 20 years, the Leahy Law has become one of the cornerstones of foreign and human rights policy. Yet, despite its largely unchallenged importance, field practitioners and other stakeholders have identified a number of substantive and practical deficiencies that greatly diminish the law’s ability to achieve the desired effect, and worse, may pose a risk to the United States’ interests. In reflecting on these deficiencies, and armed with decades of data and anecdotal evidence, this Article proposes adjustments focused on better aligning the law’s intent and effect. These recommendations range from semantic edits to substantive policy changes which may affect the way that Leahy operates in substantial ways. We should not fear revisiting the original intentions now that we have seen how the law operates. Like all things, the Leahy Law must be continually improved or it risks becoming an empty remnant of its former self. America needs to be a world leader in the area of human rights, but it requires functional tools in order to do so. Congress needs to sharpen the blade and it’s the author’s hope that, by implementing the changes presented in this Article, it can do just that. * Captain Nandor Kiss is a Judge Advocate in the United States Army. He is currently serving as a military prosecutor at Fort Bliss, Texas and previously served as an Operations Officer and Legal Advisor for Essential Function 3 – Rule of Law, part of NATO’s Resolute Support mission in Kabul, Afghanistan. Special thanks to Colonel Andrew McKee for helping navigate Department of Defense pre-publication review, and to Major Joey Comley, Lieutenant Colonel Michael Baileys, and my wife, Captain Erin Kiss, for reviewing my drafts and providing their thoughts and advice. The views presented are those of the author and do not necessarily represent the views of the Department of Defense or its components.","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121446756","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":"Human Rights, Economic Justice and U.S. Exceptionalism","authors":"Natasha Lycia Ora Bannan","doi":"10.58948/2331-3536.1392","DOIUrl":"https://doi.org/10.58948/2331-3536.1392","url":null,"abstract":"","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"548 ","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114000049","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 Central Middle East—comprising of Syria, Israel, Palestine, Lebanon, and Jordan—is in need of a legal foundation defined by a constitutional umbrella that governs it as a whole. This is a proposed broad structure of such legal foundation that serves regional legal and economic needs and includes recognition of human rights. The need for such restructuring is evident from the persistence of regional conflict and instability. Conflict and instability have been constants in the region in general and certainly in the listed five states. The issues include political instability, terrorism, continuous threats of fundamentalism, and pervasive disregard to human life and human rights. Israel has had strife with all the four neighboring peoples and states. Meanwhile, political instability either reigns or undermines each of these neighboring states. This article does not attempt to argue the correctness or fairness of what manifested in the first half of the 20th century; it does, however, argue that the political structure and how it continues to be is part of the reason for the conflicts and the instability. * Member and practicing attorney with the Maryland State Bar. I am in debt to Dean John C. Brittain, Professor of Law and former Acting Dean with the University of the District of Columbia David A. Clarke School of Law, and colleague Patricia Shnell, for their support, assistance, and invaluable advice, without which this research and manuscript would not have been completed. I must acknowledge the Pace International Law Review editing team, in particular Ms. Emily Golban, for their tireless work.
{"title":"Federalism: Necessary Legal Foundation for the Central Middle Eastern States","authors":"I. Al-Aweel","doi":"10.58948/2331-3536.1387","DOIUrl":"https://doi.org/10.58948/2331-3536.1387","url":null,"abstract":"The Central Middle East—comprising of Syria, Israel, Palestine, Lebanon, and Jordan—is in need of a legal foundation defined by a constitutional umbrella that governs it as a whole. This is a proposed broad structure of such legal foundation that serves regional legal and economic needs and includes recognition of human rights. The need for such restructuring is evident from the persistence of regional conflict and instability. Conflict and instability have been constants in the region in general and certainly in the listed five states. The issues include political instability, terrorism, continuous threats of fundamentalism, and pervasive disregard to human life and human rights. Israel has had strife with all the four neighboring peoples and states. Meanwhile, political instability either reigns or undermines each of these neighboring states. This article does not attempt to argue the correctness or fairness of what manifested in the first half of the 20th century; it does, however, argue that the political structure and how it continues to be is part of the reason for the conflicts and the instability. * Member and practicing attorney with the Maryland State Bar. I am in debt to Dean John C. Brittain, Professor of Law and former Acting Dean with the University of the District of Columbia David A. Clarke School of Law, and colleague Patricia Shnell, for their support, assistance, and invaluable advice, without which this research and manuscript would not have been completed. I must acknowledge the Pace International Law Review editing team, in particular Ms. Emily Golban, for their tireless work.","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128640141","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":"Regulating through Trade: The Contestation and Recalibration of EU ‘Deep and Comprehensive’ FTAs","authors":"Billy Melo Araujo","doi":"10.58948/2331-3536.1388","DOIUrl":"https://doi.org/10.58948/2331-3536.1388","url":null,"abstract":"","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"14 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"117272565","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 Fatal Leviathan: A Hayekian Perspective of Lex Mercatoria in Civil Law Countries","authors":"Fabio Núñez del Prado Ch.","doi":"10.58948/2331-3536.1389","DOIUrl":"https://doi.org/10.58948/2331-3536.1389","url":null,"abstract":"","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"10 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121429520","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":"UDHR: Our North Star for Global Social Justice or an Imperial and Settler-Colonial Tool to Limit our Conception of Freedom?","authors":"Jeena Shah","doi":"10.58948/2331-3536.1393","DOIUrl":"https://doi.org/10.58948/2331-3536.1393","url":null,"abstract":"","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"96 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125684480","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":"Reclaiming Refugee Rights as Human Rights","authors":"R. Amit","doi":"10.58948/2331-3536.1391","DOIUrl":"https://doi.org/10.58948/2331-3536.1391","url":null,"abstract":"","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"98 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-10-16","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115794634","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":"Right to Health in GATS: Can the Public Health Exception Pave the Way for Complementarity?","authors":"S. Gola","doi":"10.58948/2331-3536.1405","DOIUrl":"https://doi.org/10.58948/2331-3536.1405","url":null,"abstract":"","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"12 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2019-05-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114459576","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}
Good faith—most lawyers have an opinion on these two words. While the notion of good faith may play specific roles at domestic and regional levels, it remains an elusive siren at the international level. The concept was subject to controversy at the birth of the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) and has been debated by scholars ever since. Considering that the Convention has now been in force for over thirty years, it is agreed that time is ripe for “a call to arms for further research into a uniform standard of good faith. This Article contributes to such further research as it unravels the life of good faith in court practice on a scale never before seen. *PhD, Master of Laws. Associate Professor at Aalborg University. Founder and editor of the CISGNordic.net research database. orcid.org/00000002-0477-7429. The research underlying this Article was sponsored by the Danish Council for Independent Research. This Article is the second in a series of Articles mapping the application practice of the United Nations Convention on Contracts for the International Sale of Goods (CISG). For the first Article, see Thomas Neumann, Is the Albert Kritzer Database Telling Us More Than We Know?, 27 PACE INT'L L. REV. 119 (2015).
{"title":"The Roots and Fruits of Good Faith in Domestic Court Practice","authors":"Thomas Neumann","doi":"10.58948/2331-3536.1380","DOIUrl":"https://doi.org/10.58948/2331-3536.1380","url":null,"abstract":"Good faith—most lawyers have an opinion on these two words. While the notion of good faith may play specific roles at domestic and regional levels, it remains an elusive siren at the international level. The concept was subject to controversy at the birth of the 1980 United Nations Convention on Contracts for the International Sale of Goods (CISG) and has been debated by scholars ever since. Considering that the Convention has now been in force for over thirty years, it is agreed that time is ripe for “a call to arms for further research into a uniform standard of good faith. This Article contributes to such further research as it unravels the life of good faith in court practice on a scale never before seen. *PhD, Master of Laws. Associate Professor at Aalborg University. Founder and editor of the CISGNordic.net research database. orcid.org/00000002-0477-7429. The research underlying this Article was sponsored by the Danish Council for Independent Research. This Article is the second in a series of Articles mapping the application practice of the United Nations Convention on Contracts for the International Sale of Goods (CISG). For the first Article, see Thomas Neumann, Is the Albert Kritzer Database Telling Us More Than We Know?, 27 PACE INT'L L. REV. 119 (2015).","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"23 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":"132890792","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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