Good and Lawful Prize

1997 ◽  
pp. 33-54
Author(s):  
Faye Margaret Kert
Keyword(s):  
United States ◽  
North America ◽  
International Law ◽  
The United States ◽  
War Of 1812 ◽  
High Court ◽  
Maritime Law ◽  
Colonial Expansion ◽  
Historical Role

This chapter discusses the origins of maritime law, the development of the English High Court of Admiralty, and the administration of the international law of prize in North America. It examines the significance of colonial expansion and the historical role of colonial English Vice-Admiralty Courts in handling piracy cases, and the United States Admiralty Courts that operated during the War of 1812.

Part IX International Environmental Law in National/Regional Courts, Ch.65 North America

2021 ◽  
Author(s):  
Affolder Natasha
Keyword(s):  
United States ◽  
Human Rights ◽  
North America ◽  
International Law ◽  
Environmental Law ◽  
The United States ◽  
Private International Law ◽  
Human Rights Law ◽  
International Environmental Law ◽  
Indigenous Law

This chapter assesses international environmental law in the courts of North America. In particular, it explores the minimal engagement of US, Canadian, and Mexican courts with international environmental law. Environmental law cases in Canada, Mexico, and the United States are not immune to international law and international norms. However, international environmental lawyers may be forced to look to some unlikely and unusual places to find international environmental law's normative influence. Environmental law cases in North America seem poised to engage most significantly with international law not in the ‘bright lights’ but rather on the side-lines, where environmental law norms interface with climate law, private international law, Indigenous law, and human rights law.

Catalonian Trademarks and the Development of Marketing Knowledge in Spain, 1850–1946

2012 ◽  
Vol 86 (2) ◽  
pp. 239-260 ◽  
Author(s):  
Patricio Sáiz ◽  
Paloma Fernández Pérez
Keyword(s):  
United States ◽  
United Kingdom ◽  
The United States ◽  
Western World ◽  
Food And Beverages ◽  
The United Kingdom ◽  
Historical Role

Trademarks have traditionally been viewed as assets that, although intangible, nevertheless contribute to the success of firms. This study, based on a compilation of national trademark data, corrects existing distortions of the historical role of brands and their—often unsuccessful—use as business tools by countries, sectors, or firms. Legislation on, and the profuse use of, trademarks in the Western world was pioneered by Spain, rather than by France, the United States, or the United Kingdom, and was initiated in unusual sectors, such as papermaking and textiles, rather than in the more usual ones of food and beverages. Analysis of the applicants of Catalan trademarks, across sectors, during almost a century, reveals that the legal possession of a brand cannot in itself guarantee a firm's success.

International and Foreign Law in Domestic Constitutional Law

2021 ◽  
pp. 373-392
Author(s):  
Muna Ndulo
Keyword(s):  
United States ◽  
South Africa ◽  
International Law ◽  
Constitutional Law ◽  
World Wide ◽  
The United States ◽  
Post Conflict ◽  
Foreign Law ◽  
Domestic Courts

This chapter illustrates the role of international and foreign law in domestic constitutional law. Through the case analysis of South Africa (a post conflict state) and the United States (often seen as a country that is not too friendly to international and foreign legal systems), it discusses the role of international and foreign law in reconciling the regional development of the rule of law in a country, by working closely together with domestic constitutional law. The domestic courts both in the United States and South Africa, whenever they deem it appropriate, do consider international and foreign law in the resolution of disputes before them. The conditions under which each jurisdiction may resort to foreign or international law, as well as the criteria used for taking them into consideration, vary. However, most importantly, this practice should be encouraged as it promotes the uniform interpretation of international law and the progressive advancement of norms world-wide, which are aspects that are especially important in the field of human rights.

Why the Fight against Hunger Mattered

2019 ◽  
pp. 1-18
Author(s):  
Rachel B. Herrmann
Keyword(s):  
United States ◽  
North America ◽  
Sierra Leone ◽  
American Revolution ◽  
The United States ◽  
Revolutionary War ◽  
Food Aid ◽  
British Colonies

This introductory chapter discusses the important role of hunger during the American Revolution. Enduring, ignoring, creating, and preventing hunger were all ways to exercise power during the American Revolution. Hunger prompted violence and forged ties; it was a weapon of war and a tool of diplomacy. In North America, Cherokee, Creek, Delaware, Iroquois (Haudenosaunee), Miami, and Shawnee Indians grew and destroyed foodstuffs during the Revolutionary War, which forced their British and American allies to hunger with them, and to furnish provisions that accommodated Native tastes. By the 1810s, the United States had learned how to prevent Indian hunger, to weaponize food aid, and to deny Indians the power gained by enduring and ignoring scarcity. Meanwhile, people of African descent gained some power by creating white hunger during the Revolutionary War, but more so as formerly enslaved communities, primarily after leaving the new United States and migrating to British colonies in Nova Scotia and then Sierra Leone. After white officials in Sierra Leone realized that colonists' hunger-prevention efforts gave them too much freedom, black colonists lost their hunger-preventing rights. Ultimately, three key behaviors changed and were, in turn, changed by evolving ideas about hunger: food diplomacy, victual warfare, and victual imperialism.

What's in a Name? Metaphors and Cybersecurity

2020 ◽  
pp. 1-32 ◽  
Author(s):  
Jordan Branch
Keyword(s):  
United States ◽  
International Law ◽  
Outer Space ◽  
Physical Space ◽  
The United States ◽  
The Internet ◽  
United States Military ◽  
Us Military ◽  
Specific Interests

Abstract For more than a decade, the United States military has conceptualized and discussed the Internet and related systems as “cyberspace,” understood as a “domain” of conflict like land, sea, air, and outer space. How and why did this concept become entrenched in US doctrine? What are its effects? Focusing on the emergence and consolidation of this terminology, I make three arguments about the role of language in cybersecurity policy. First, I propose a new, politically consequential category of metaphor: foundational metaphors, implied by using particular labels rather than stated outright. These metaphors support specific ways to understand complex issues, provide discursive resources to some arguments over others, and shape policy contestation and outcomes. Second, I present a detailed empirical study of US military strategy and doctrine that traces the emergence and consolidation of terminology built on the “cyberspace domain.” This concept supported implicit metaphorical correspondences between the Internet and physical space, yielding specific analogies and arguments for understanding the Internet and its effects. Third, I focus on the rhetorical effects of this terminology to reveal two important institutional consequences: this language has been essential to expanding the military's role in cybersecurity, and specific interests within the Department of Defense have used this framework to support the creation of US Cyber Command. These linguistic effects in the United States also have implications for how other states approach cybersecurity, for how international law is applied to cyber operations, and for how International Relations understands language and technological change.

The 2008 United States-India Nuclear Co-operation Agreement and the Work of the International Law Commission on International Liability for Injurious Consequences Arising Out of Acts not Prohibited by International Law

2011 ◽  
Vol 2 (1) ◽  
pp. 1-19 ◽  
Author(s):  
Robert P. BARNIDGE
Keyword(s):  
United States ◽  
International Law ◽  
Environmental Law ◽  
The United States ◽  
International Environmental Law ◽  
Environmental Impact Assessments ◽  
The Government ◽  
International Liability ◽  
International Law Commission

This article examines the 2008 Agreement for Co-operation Between the Government of the United States of America and the Government of India Concerning Peaceful Uses of Nuclear Energy [“123 Agreement”] within the context of the International Law Commission's (ILC) work on international liability for injurious consequences arising out of acts not prohibited by international law. Attention is paid to three issues in particular, namely how international environmental law has developed to interact with vaguely worded environmental protection provisions, such as those in the 123 Agreement, and the role of experts in this regard, the issue of civil nuclear liability, and the question of what international law might require for environmental impact assessments under the 123 Agreement to pass muster.

Application of Fifth Amendment to U.S. Constitution in international context—fear of foreign prosecution as ground for invoking privilege against self-incrimination—relevance of growing international law enforcement cooperation—role of U.S. judiciary in foreign relations

1998 ◽  
Vol 92 (4) ◽  
pp. 759-764
Author(s):  
Bernard H. Oxman ◽  
Diane Marie Amann
Keyword(s):  
United States ◽  
Law Enforcement ◽  
Supreme Court ◽  
International Law ◽  
Foreign Relations ◽  
The United States ◽  
International Context ◽  
Open Question ◽  
Domestic Law

United States v. Balsys. 118 S.Ct. 2218.U.S. Supreme Court, June 25, 1998.Resolving a long-open question, the U.S. Supreme Court held in this 7-2 decision that a witness in a domestic proceeding may not invoke the constitutional privilege against self-incrimination if the witness fears that the testimony may be used in a prosecution outside the United States. Although grounded in domestic law, the three opinions in Balsys reveal tension between the judiciary's traditional deference to the political branches in foreign relations matters and its concern over the risk that individuals subject to prosecution abroad will suffer deprivation of liberty because of that deference.

The Role of Domestic Courts in Effectuating International Law

1990 ◽  
Vol 3 (3) ◽  
pp. 77-85 ◽  
Author(s):  
Henry G. Schermers
Keyword(s):  
United States ◽  
Foreign Policy ◽  
International Law ◽  
The United States ◽  
Policy Decisions ◽  
Public Attention ◽  
Domestic Courts

In his article on the implementation of international law by the domestic courts in the United States, Richard Falk focuses on the possible role of domestic courts with respect to the acts of foreign policy which may be contrary to international law. In general that role is limited. This is the same in Europe. Falk mentions efforts of individuals, to change national foreign policy by means such as the Russell Tribunal, boycotts of products, blocking of tracks and the occupation of buildings. Such activities also happen in Europe but rather with the intention to attract public attention than with the purpose to litigate in court. In Europe it is generally accepted that courts should not take policy decisions of that kind.

scholarly journals Two adventive species of European Chrysomelidae (Coleoptera) new to North America: Cryptocephalus moraei (Cryptocephalinae) and Psylliodes dulcamarae (Galerucinae: Alticini), and the origins of adventive Chrysomelidae in Canada and United States of America

2021 ◽  
pp. 1-13
Author(s):  
Hume B. Douglas ◽  
Stéphane Dumont ◽  
Karine Savard ◽  
Claude Chantal
Keyword(s):  
United States ◽  
North America ◽  
United States Of America ◽  
Dominant Role ◽  
Ecological Impact ◽  
Flea Beetle ◽  
The United States ◽  
Host Use ◽  
Additional Information

Abstract First North American records are presented for Cryptocephalus moraei (Linnaeus, 1758) (Coleoptera: Cryptocephalinae) and Psylliodes dulcamarae (Koch, 1803) (Coleoptera: Galerucinae: Alticini), as confirmed by morphology and DNA barcoding. Additional information is presented about phenology and host use for C. moraei, the first European Cryptocephalinae to be found elsewhere as conclusively adventive. Cryptocephalus moraei is expected to have no ecological impact on its host, the adventive Hypericum perforatum Linnaeus (Hypericaceae). However, P. dulcamarae, the second recently discovered flea beetle associated with the adventive Solanum dulcamara Linnaeus (Solanaceae), probably does harm that host. Both species are hypothesised to have arrived from Europe with woody plant material imported with soil during 1960–1965. A literature review of introduced Chrysomelidae found that Canada and the United States of America are together home to 68–78 species of adventive Chrysomelidae. All non-Bruchinae species among these are both native to Europe and occur either in Canada or both Canada and United States of America, except for intentionally introduced biological control agents and two species that feed on Eucalyptus L’Héritier de Brutelle (Myrtaceae). This suggests a dominant role of accidental introductions of cool-climate European species in recent unplanned additions to the fauna of leaf-feeding Chrysomelidae in North America.

Sign in / Sign up

Export Citation Format

Share Document