Oregon Review of International Law : Volume 19 (2018)
Permanent URI for this collection
Browse
Browsing Oregon Review of International Law : Volume 19 (2018) by Issue Date
Now showing 1 - 8 of 8
Results Per Page
Sort Options
Item Open Access Managing Naming Conflicts: Lessons from the Conflict Behind the Name “Derry-Londonderry” in Northern Ireland(University of Oregon School of Law, 2018-05-25) Roner-Reiter, CatharineThis Article aims to provide a framework for an alternative dispute resolution (ADR) solution to resolving naming conflicts by drawing on a case illustration of an ongoing naming conflict in Northern Ireland. Northern Ireland—a country with a recent history of multi-generational violent conflict—is an incredible laboratory for the development of creative solutions, new strategies, and innovative techniques for the resolution of conflict. These techniques can be applied beyond their current applications to other conflicts, including naming conflicts throughout the world.Item Open Access Public-Private Partnerships as a Model for High Speed Rail Development in Canada—Towards Efficient and Alternative Public Infrastructure(University of Oregon School of Law, 2018-05-25) Zaidi, KamaalThe prospect of High-Speed Rail (HSR) in Canada is gaining popularity in the wake of transportation sustainability. HSR is defined as public infrastructure for rail transit systems capable of traveling 200 km/h (125 mph) or faster. But if HSR develops in Canada, how should it be pursued when public authorities often face infrastructure deficits?Item Open Access Forgotten People: A Judicial Apology for Leprosy Patients in Japan(University of Oregon School of Law, 2018-05-25) Tsuji, YuichiroIn 2016, the Japanese Supreme Court apologized for establishing a special tribunal for leprosy patients outside a standard courtroom. The Supreme Court initially admitted that the special tribunal was unconstitutional because the unfair procedure and trials discriminated against leprosy patients. The Supreme Court’s decision to establish exceptional courts at the time was not based on scientific research regarding leprosy. These patients were isolated in sanatoriums until 1996, when Parliament abolished the Leprosy Prevention Law. Then, in 2001, the Kumamoto district court accepted governmental responsibility for the legislative inaction that led to the government’s compulsory isolation policy. The Kumamoto court noted that the statute of limitations started in 2001, when the legislature abolished the Leprosy Prevention Law.Item Open Access The South China Sea Arbitration Award and Its Widespread Implications(University of Oregon School of Law, 2018-05-25) Hebert, Je’an-LucThis summary begins by discussing how, under UNCLOS, territorial sovereignty is established and what water rights attach to islands and coastal states in order to provide the reader with the background necessary to understand the competing claims advanced by the Philippines and China.Item Open Access The Race to Renewables: A Comparative Study of the Energy Market in Germany and the United States(University of Oregon School of Law, 2018-05-25) DeLuca, AngelaThis paper will analyze the German and the U.S. energy markets in an effort to understand the discrepancy in renewable energy development and the efficacy of each country’s chosen path.Item Open Access International Arbitration and Greek Sovereign Debt: Poštová Banka v. Hellenic Republic, What If? Investors’ Protection in the Case of the Greek Sovereign Default Under Investment Treaties and Customary Law(University of Oregon School of Law, 2018-05-25) Argyropoulou, VenetiaThis Article explores the reasons that led to the failure of bondholders’ cases against Greece and explores whether there is room for a different result for bondholders before investment tribunals. This Article evaluates and analyses the possible outcome of bondholders’ claims under investment treaty law for breach of standards of treatment (including Most Favored Nation, Fair and Equitable Treatment, Expropriation and Umbrella Clauses) and investigates potential defenses that could be raised by Greece to such claims. Lastly, this Article suggests alternative ways bondholders may obtain reparation, including Credit Default Swaps.Item Open Access The Challenges of the Mexican Intermediated Securities Holding System and Opportunities for Modernization(University of Oregon School of Law, 2018-05-25) Dubovec, Marek; Elias, AdalbertoThis Article examines the legal institutions and doctrines underlying the current intermediated system for the holding of securities in Mexico.Item Open Access Trade Fraud: The Wild, New Frontier of White Collar Crime(University of Oregon School of Law, 2018-05-25) Pierson, Pamela Bucy; Bucy, Benjamin PattersonThis article discusses what trade fraud is, how it fits within the political debate on trade, how it compares to other white-collar crime and why it is particularly difficult to detect, prove, and deter.