3,687 research outputs found
Torture at Home: Borrowing from the Torture Convention to Define Domestic Violence
The great majority of U.S. states do not include mental abuse in their definitions of domestic violence, even though mental abuse the most dangerous and pervasive form of domestic violence. Based on a comprehensive review of the psychological theory of domestic violence and numerous laws outlawing bullying, hazing, and torture, this article proposes a new, psychologically sound definition of domestic violence which encompasses mental abuse and at the same time provides protections against infringements of individuals\u27 privacy, free speech, and parental rights. This article concludes that the states\u27 failure to treat mental abuse as domestic violence is greatly facilitating the perpetuation of domestic violence in U.S. society, as each generation is permitted to suffer emotional trauma at the hands of family members and intimate partners and then inflict similar trauma on the next generation
Hollywood\u27s Disappearing Act: International Trade Remedies to Bring Hollywood Home
This article addresses whether the film incentives offered by other countries are consistent with those countriesâ obligations under international law and can be countered with countervailing duties under U.S. domestic law. In particular, this article discusses in some detail whether the foreign film incentives are consistent with these countriesâ obligations under the World Trade Organization (WTO) Agreement on Subsidies and Countervailing Measures (the SCM Agreement)...The question addressed in this article is whether, under U.S. and WTO law, a foreign government can artificially lower the costs of production in an industry to such an extent that a number of U.S. companies choose to establish local production companies in that country and forego production in the U.S., thereby decimating the industry in the U.S. Specifically, as a case study, this article focuses on the Production Services Tax Credit (PSTC) film incentives that Canada offers to domestic and foreign film companies alike to produce films that need not possess any Canadian content...The article concludes that the above-described foreign film incentives, and the PSTC film incentives in Canada in particular, most likely are inconsistent with those WTO Membersâ obligations under WTO law, as they adversely affect the U.S. feature film production industry. The U.S. Government could therefore pursue a dispute settlement case on this issue in the WTO, requesting that Canada (and other countries with similar film incentive programs) be ordered to abolish those incentives. In the U.S., the U.S. Government could also initiate an action to impose countervailing duties on the subsidized films when they are imported into the U.S. After providing an analysis supporting this conclusion, this article discusses the advantages and disadvantages of the various remedies that could be pursued, considers the obstacles to a legal challenge to the film incentive programs, and provides recommendations for how interested parties in the U.S. might proceed
Blueprint for Survival: A New Paradigm for International Environmental Emergencies
Experts predict that the world is going to experience an everincreasing number of major environmental emergencies in which one or more pollutant(s) is/are released, given our societies\u27 increasing use of pollutants in industry and commerce.1 Furthermore, given many States\u27 increasing populations and urbanization, such events are likely to harm an ever-increasing number of people and environments exposed to these pollutants.2 Moreover, in our increasingly
interconnected world, such events are likely to expose an everincreasing number of nationals and environments in other States to such pollutants. At present, the international community does not have a workable system that would permit the States that are threatened with widespread harm emanating from an environmental disaster in another State to protect their own nationals and environments.\u27 This article proposes the adoption of a new treaty that would provide such a workable system. Throughout this article, a disaster that other States and the international community in general should be permitted to assist remediate is referred to as a major international environmental emergency or a MIEE. A State that is the site of such an emergency is referred to as a locus State, and any other State which is threatened with major environmental harm from such an emergency is referred to as a target State. Section I of this article discusses four recent environmental disasters and their common features. Section II discusses the current international legal regime applicable to such disasters. Section III sets forth the basic parameters of a new treaty that the international community could adopt regarding the investigation and remediation of MIEEs. This article takes a cosmopolitan or human rights perspective, as opposed to a communitarian perspective. However, it should make sense to every State and person on the planet that the international community needs to adopt a blueprint for how to survive future MIEEs
Combatting Climate Change Through Conservation Easements
In 2007, Rafael Correa, then-President of Ecuador, offered not to extract the oil located underneath Ecuadorâs YasunĂ National Park, in exchange for the international community paying Ecuador $3.6 billion, which was one-half of the estimated value of those oil fields.1 He stated that he thought his offer was an elegant way to help tackle climate change.â He was referring to the fact that destroying part of the YasunĂ National Park would release 800 million tons of carbon dioxide into the atmosphere while also abolishing a valuable âcarbon sinkâ that otherwise would have absorbed millions of tons of carbon dioxide. A carbon sink is a plot of land or body of water that absorbs more carbon that it emits. In addition, extracting the oil from underneath the YasunĂ and then burning those barrels of oil would release another 410 million tons of carbon dioxide into the atmosphere, according to Ecuadorâs sources. Moreover, development of the YasunĂ would threaten the viability of numerous plant and animal species, as YasunĂ National Park is one of the most biologically diverse ecosystems on earth
Executives and emergencies : presidential decrees of exception in Bolivia, Ecuador, and Peru
A preliminary version of this paper was presented at RedGob X Annual Meeting in Brasilia on 21st 22nd September, 2012. The author would like to thank AndrĂ©s MejĂa Acosta for his insightful comments on a draft version of the text and both Salvador MartĂ i Puig and Mariana Llanos for their invaluable guidance throughout the researchThe aim of this paper is to identify how Presidents in the Central Andean Region have used Regimes of Exception in the first decade of the twenty first century. According to the doctrine, Regimes of Exception equate to a concentration of powers in the executive branch and the suspension of human rights to overcome an âexceptional threatâ. In Bolivia, Ecuador, and Peru, these mechanisms were used by military governments at different times throughout the 20th century to deal with unrest but they have not been studied by political scientists. This paper offers an exploratory analysis of the use given to these mechanisms by Presidents in the period between 2000 and 201
Reconciling Cultural Diversity and Free Trade in the Digital Age: A Cultural Analysis of the International Trade in Content Items
This article is the first in a series of three articles by the same author on the subject of the World Trade Organization (WTO) rules on content items, such as movies and music recordings. This first article in the series provides a cultural analysis of the international trade in content items
People and guns involved in denied and completed handgun sales
Objective: Denial of handgun purchases by prohibited people and knowledge of the structure of gun commerce have helped to deter and prevent firearm violence. The authors hypothesize that handguns involved in a denied purchase would more closely resemble those used in crime compared with handguns sold. Design: Cross sectional. Setting: Denied and completed handgun sales in California, 1998 -- 2000. Main outcome measures: Handgun and purchaser characteristics of denied and completed sales were compared. In particular, handgun characteristics most closely associated with crime guns (type, caliber, barrel length, price) were examined. Results: Compared with handguns sold, handguns in denied sales were somewhat more likely to be semiautomatic pistols (74.6% v 69.4%), to have short barrels (25.9% v 22.2%), and be of medium caliber (48.9% v 37.3%). Ten percent of the handguns in denied sales and 3.4% of handguns sold were identified as inexpensive. Conclusions: The characteristics of denied handguns are similar to those seen among crime guns. Both groups of guns may reflect the desirability for criminal purposes of pistols, which have larger ammunition capacities than other handguns, and short barrels, which increase their ability to be concealed
An evaluation of Dostoevsky as a psychological novelist in the light of English and American fiction
Thesis (M.A.)--Boston University, 1945. This item was digitized by the Internet Archive
Australian Economic History
In a time of pandemics, war and climate change, fostering knowledge that transcends disciplinary boundaries is more important than ever. Economic history is one of the world's oldest interdisciplinary fields, with its prosperity dependent on connection and relevance to disciplinary behemoths economics and history. Australian Economic History is the first history of an interdisciplinary field in Australia, and the first to set the fieldâs progress within the structures of Australian universities. It highlights the lived experience of doing interdisciplinary research, and how scholars have navigated the opportunities and challenges of this form of knowledge. These lessons are vital for those seeking to develop robust interdisciplinary conversations now and in the future
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