{"title":"A Dire Need for Legislative Reform","authors":"Pat Dowdle","doi":"10.58948/2331-3536.1357","DOIUrl":"https://doi.org/10.58948/2331-3536.1357","url":null,"abstract":"","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"17 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"134451188","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 purpose of this Article is to shed light on the plight on sharks in international and domestic waters. An estimated 100 million sharks are killed every year. The cruel and wasteful practice of shark finning is responsible for a large portion of those killings. Shark fins are the most valuable part of the shark, because they are used as the key ingredient – and namesake – in an Asian delicacy known as “shark fin soup.” This Article opens with background information on the dire situation sharks are facing in our oceans, and how the depletion of these top predators from the oceans has a drastic effect on the delicate balance of the marine ecosystem. Next, the Article examines on approaches to curb shark finning taken by the United States, European Union, and China and Hong Kong. Then the Article moves to a focus on the international legal framework for protecting sharks, specifically focusing on the United Nations Convention on the Law of the Seas (UNCLOS) and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). This Article concludes with an analysis of how the current legal framework is insufficient to provide the necessary protection for sharks and examines what more can be done. 1 J.D. May 2014, Pace University School of Law.
{"title":"An International SOS (Save Our Sharks): How the International Legal Framework Should Be Used to Save Our Sharks","authors":"C. Green","doi":"10.58948/2331-3536.1360","DOIUrl":"https://doi.org/10.58948/2331-3536.1360","url":null,"abstract":"The purpose of this Article is to shed light on the plight on sharks in international and domestic waters. An estimated 100 million sharks are killed every year. The cruel and wasteful practice of shark finning is responsible for a large portion of those killings. Shark fins are the most valuable part of the shark, because they are used as the key ingredient – and namesake – in an Asian delicacy known as “shark fin soup.” This Article opens with background information on the dire situation sharks are facing in our oceans, and how the depletion of these top predators from the oceans has a drastic effect on the delicate balance of the marine ecosystem. Next, the Article examines on approaches to curb shark finning taken by the United States, European Union, and China and Hong Kong. Then the Article moves to a focus on the international legal framework for protecting sharks, specifically focusing on the United Nations Convention on the Law of the Seas (UNCLOS) and the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES). This Article concludes with an analysis of how the current legal framework is insufficient to provide the necessary protection for sharks and examines what more can be done. 1 J.D. May 2014, Pace University School of Law.","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"11 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114473125","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}
I think we need to start a discussion about the future — a future which honors the aims of the Marrakesh Agreement, which is worthy of our role in international relations, trade and development , and which delivers for the people we are here to serve — particularly the poorest. It is time to face up to the undeniable problems we have in this organization and have an open and honest discussion about how we can move forward.
{"title":"Balancing National Public Policy and Free Trade","authors":"D. Desierto","doi":"10.58948/2331-3536.1356","DOIUrl":"https://doi.org/10.58948/2331-3536.1356","url":null,"abstract":"I think we need to start a discussion about the future — a future which honors the aims of the Marrakesh Agreement, which is worthy of our role in international relations, trade and development , and which delivers for the people we are here to serve — particularly the poorest. It is time to face up to the undeniable problems we have in this organization and have an open and honest discussion about how we can move forward.","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"839 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125940628","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}
Of course abortion isn't right. But it is even less right to bring unwanted children into lifelong suffering and to strip women of their choice. Making abortion illegal is not the way to prevent it. There is a much larger picture that starts with much deeper roots. ~Anonymous
{"title":"The Case of Beatriz: An Outcry to Amend El Salvador’s Abortion Ban","authors":"J. Álvarez","doi":"10.58948/2331-3536.1359","DOIUrl":"https://doi.org/10.58948/2331-3536.1359","url":null,"abstract":"Of course abortion isn't right. But it is even less right to bring unwanted children into lifelong suffering and to strip women of their choice. Making abortion illegal is not the way to prevent it. There is a much larger picture that starts with much deeper roots. ~Anonymous","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"29 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125967555","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 Investigation Procedures of the United Nations Office of Internal Oversight Services and the Rights of the United Nations Staff Member: An Analysis of the United Nations Judicial Tribunals’ Judgments on Disciplinary Cases in the United Nations","authors":"Tamara A. Shockley","doi":"10.58948/2331-3536.1355","DOIUrl":"https://doi.org/10.58948/2331-3536.1355","url":null,"abstract":"","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"54 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"131417238","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 United States Court of Appeals for the Eleventh Circuit decided a case on February 4, 2013 that has undoubted international implications. Toro v. Sec’y dealt with the language of the Cuban Refugee Adjustment Act of 1966 (CAA) and the provisions of the Violence Against Women Act (VAWA). This article focuses on how and why the court reached its decision. It analyzes the conflict between the “plain language” of the CAA and its statutory construction to rebut the court’s assertion that the VAWA self-petition was irrelevant in this case, and ultimately, offer an alternative analysis to this case. * Kiersten M. Schramek, J.D. cum laude from Pace University School of Law 2015. She served as an Articles Editor of PACE INTERNATIONAL LAW REVIEW and President of the Women’s Association of Law Students from 2014-2015. In addition, she served as Student Coordinator for the Pace Immigration Law Pro Bono Opportunity from 2013-2015. Prior to law school, Ms. Schramek worked as a Victim Advocate at the Putnam/Northern Westchester Women’s Resource Center from 2010-2012. She has always had a passion for Family law, Immigration law, and women’s issues. This article is dedicated to Ms. Schramek’s family and friends who have always supported her in pursuing her dream of becoming an attorney..
2013年2月4日，美国联邦上诉法院第十一巡回上诉法院判决了一起无疑具有国际影响的案件。Toro诉Sec案涉及1966年《古巴难民调整法》的措辞和《对妇女的暴力行为法》的规定。这篇文章的重点是法院如何以及为什么做出这一决定。本文分析了《民法典》的“通俗语言”与其法定结构之间的冲突，反驳了法院关于VAWA自我请愿与本案无关的主张，并最终为本案提供了另一种分析。* Kiersten M. Schramek，法学博士，佩斯大学法学院2015年以优异成绩毕业。2014-2015年，她曾担任《PACE INTERNATIONAL LAW REVIEW》的文章编辑和法律学生妇女协会主席。此外，2013年至2015年，她曾担任佩斯移民法公益机会的学生协调员。在进入法学院之前，她曾于2010-2012年在普特南/北威彻斯特妇女资源中心担任受害者倡导者。她一直热衷于家庭法、移民法和妇女问题。这篇文章献给Schramek女士的家人和朋友，他们一直支持她追求成为一名律师的梦想。
{"title":"Fleeing Cuba: A Comparative Piece Focused on Toro and the Options Victims of Domestic Violence Have in Seeking Citizenship in the United States and Canada","authors":"Kiersten M. Schramek","doi":"10.58948/2331-3536.1358","DOIUrl":"https://doi.org/10.58948/2331-3536.1358","url":null,"abstract":"The United States Court of Appeals for the Eleventh Circuit decided a case on February 4, 2013 that has undoubted international implications. Toro v. Sec’y dealt with the language of the Cuban Refugee Adjustment Act of 1966 (CAA) and the provisions of the Violence Against Women Act (VAWA). This article focuses on how and why the court reached its decision. It analyzes the conflict between the “plain language” of the CAA and its statutory construction to rebut the court’s assertion that the VAWA self-petition was irrelevant in this case, and ultimately, offer an alternative analysis to this case. * Kiersten M. Schramek, J.D. cum laude from Pace University School of Law 2015. She served as an Articles Editor of PACE INTERNATIONAL LAW REVIEW and President of the Women’s Association of Law Students from 2014-2015. In addition, she served as Student Coordinator for the Pace Immigration Law Pro Bono Opportunity from 2013-2015. Prior to law school, Ms. Schramek worked as a Victim Advocate at the Putnam/Northern Westchester Women’s Resource Center from 2010-2012. She has always had a passion for Family law, Immigration law, and women’s issues. This article is dedicated to Ms. Schramek’s family and friends who have always supported her in pursuing her dream of becoming an attorney..","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"112 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115766146","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":"A Theorization on Equity: Tracing Causal Responsibility for Missing Iraqi Antiquities and Piercing Official Immunity","authors":"Robert Bejesky","doi":"10.58948/2331-3536.1354","DOIUrl":"https://doi.org/10.58948/2331-3536.1354","url":null,"abstract":"","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"25 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-07-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127243698","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 Conformity of the Goods to the Contract in International Sales","authors":"Villy de Luca","doi":"10.58948/2331-3536.1350","DOIUrl":"https://doi.org/10.58948/2331-3536.1350","url":null,"abstract":"","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"66 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-05-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125782068","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":"Contractual Excuse Under the CISG: Impediment, Hardship, and the Excuse Doctrines","authors":"Larry A. DiMatteo","doi":"10.58948/2331-3536.1351","DOIUrl":"https://doi.org/10.58948/2331-3536.1351","url":null,"abstract":"","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"34 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-05-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123865714","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":"Preclusion of Remedies Under Article 16(3) of the UNCITRAL Model Law","authors":"N. Ghibradze","doi":"10.58948/2331-3536.1353","DOIUrl":"https://doi.org/10.58948/2331-3536.1353","url":null,"abstract":"","PeriodicalId":340850,"journal":{"name":"Pace International Law Review","volume":"73 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2015-05-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"123221450","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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