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- Dalhousie Law Journal (4)
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- Case Western Reserve Journal of International Law (1)
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Articles 1 - 24 of 24
Full-Text Articles in Entire DC Network
The Rule Of Non-Inquiry And The Impact Of Human Rights On Extradition Law, John Quigley
The Rule Of Non-Inquiry And The Impact Of Human Rights On Extradition Law, John Quigley
North Carolina Journal of International Law
No abstract provided.
Battling Drugs: Is The War Working: Comment, North Carolina Journal Of International Law And Commercial Regulation
Battling Drugs: Is The War Working: Comment, North Carolina Journal Of International Law And Commercial Regulation
North Carolina Journal of International Law
No abstract provided.
Lawyers And The Nuclear Debate, Malcolm Shaw
Lawyers And The Nuclear Debate, Malcolm Shaw
Dalhousie Law Journal
The volume under review constitutes a valuable and exciting contribution to the whole nuclear debate. Its distinctiveness, perhaps, lies in the format. A mix of more formal and prepared papers, less formal papers, interventions and discussions provides an interesting example of the genre. While one is clearly not dealing with an academic treatise, the style of the compilation enhances the feeling of acute concern, spontaneity and the sense of the contemporary significance of the whole enterprise.
Rule Of Law In A State Of Emergency, John P. Humphrey
Rule Of Law In A State Of Emergency, John P. Humphrey
Dalhousie Law Journal
Is there any such thing as an absolute human right? Part of the answer to this question will be found in article 4 of the United Nations' Convenant on Civil and Political Rights. The article says in part that "in time of public emergency which threatens the life of the nation ... the States Parties to the present Covenant may take measures derogating from their obligation under the present Covenant to the extent strictly required by the exigencies of the situation ... " Similar provisions will be found in regional conventions on the human rights.
Le Rôle Organisations Internationales Dans La Protection Du Droit À La Vie., Paul Gormley
Le Rôle Organisations Internationales Dans La Protection Du Droit À La Vie., Paul Gormley
Dalhousie Law Journal
The emerging role of international and regional organizations toward the realistic protection of the right to life (along with closely related guarantees) constitutes the scope of the scholarly treatise, which is an outgrowth of the author's participation at the Research Center of the Hague Academy of International Law. Precisely Johannes van Aggelen of the Center for Human Rights, United Nations Office at Geneva, is one of the rising scholars of the coming generation of human rights lawyers. Indeed, his work in such closely related fields as humanitarian law, the Arab-Israeli conflict, the right to an adequate food supply and supporting …
Treaty Interpretation: Theory And Reality, Paul Gormley
Treaty Interpretation: Theory And Reality, Paul Gormley
Dalhousie Law Journal
The inconsistencies, and conflicting theories of treaty interpretation, constitute the foundation for the present inquiry. The thesis defended is "that neither the judicial praxis nor international legislation, individually or together, have provided a realistic solution to the fundamental challenge facing the International Court of Justice of finding the right balance between stability and progressive development of international law." This fundamental thesis reemerges at several key portions of the text, when the author attempts to prove that existing standards of treaty interpretation are inadequate, on the ground they do not lead toward that degree of predictability and certainty, which he feels …
Stanford V. Kentucky And Wilkins V. Missouri: A Violation Of An Emerging Rule Of Customary International Law, Laura Dalton
Stanford V. Kentucky And Wilkins V. Missouri: A Violation Of An Emerging Rule Of Customary International Law, Laura Dalton
William & Mary Law Review
No abstract provided.
Enforcement Of Human Rights Standards: An International Human Rights Court And Other Proposals, Nanette Dumas
Enforcement Of Human Rights Standards: An International Human Rights Court And Other Proposals, Nanette Dumas
UC Law SF International Law Review
Anyone who is outraged on hearing accounts of torture, genocide, or other human rights violations also is inevitably frustrated by the international community's helplessness in its inability to right these wrongs. This Note supports the establishment of an international human rights court and proposes that the court be divided into criminal and civil sections. The criminal court would prosecute human rights violations, and the civil court would provide a forum for individual victims and their families to sue and collect damages. In the absence of a comprehensive solution to human rights violations, such as a human rights court, this Note …
Can We End The Shame?--Recent Multilateral Efforts To Address The World Child Pornography Market, Julia Foreman
Can We End The Shame?--Recent Multilateral Efforts To Address The World Child Pornography Market, Julia Foreman
Vanderbilt Journal of Transnational Law
In this Note, the author describes the United States and international child pornography markets. The author demonstrates how the United States Congress, judiciary, and law enforcement agencies have addressed the child pornography problem at the national and international level. In addition to the United States efforts to address this problem, the Netherlands, Denmark, and Thailand--who have all exported child pornography to the United States--have taken steps to curb the flow of child pornography. National and international child pornography markets continue to flourish, however, and the author concludes that more steps to eradicate child pornography are necessary. Finally, the author describes …
Transitions To Democracy And The Rule Of Law
Transitions To Democracy And The Rule Of Law
American University International Law Review
No abstract provided.
Navigating The Shoals Of ‘Use’ Immunity And Secret International Enterprises In Major Congressional Investigations: Lessons Of The Iran-Contra Affair, George Van Cleve, Charles Tiefer
Navigating The Shoals Of ‘Use’ Immunity And Secret International Enterprises In Major Congressional Investigations: Lessons Of The Iran-Contra Affair, George Van Cleve, Charles Tiefer
Faculty Articles
In its Iran-Contra investigation, Congress faced legal challenges which evolved logically from the two-century long history of Congressional investigations, and yet at the same time were unmatched in their significance. One challenge concerned "use" immunity, and its employment when high advisers to the President faced parallel Congressional and criminal proceedings. A second concerned the investigation of a secret international "Enterprise," which, like similar enterprises, was established overseas to carry on international operations without public accountability, and was protected by multiple layers of secrecy sanctioned by law. This article addresses how history brought Congress to those challenges, and how Congress met …
The European Convention On The Compensation Of Victims Of Violent Crimes: A Decade Of Frustration, Nicholas C. Katsoris
The European Convention On The Compensation Of Victims Of Violent Crimes: A Decade Of Frustration, Nicholas C. Katsoris
Fordham International Law Journal
In July 1983, after nearly a decade of discussion, the Council of Europe adopted the European Convention on the Compensation of Victims of Violent Crimes. The Convention seeks to harmonize Europe's existing crime victims compensation schemes by providing a set of guidelines for the treatment of domestic and foreign crime victims. The Convention thereby seeks to establish consistent victims compensation schemes in its member states. This Note argues that the Convention fails to address adequately the problem of cost, thus failing in its goal of uniformity. Part I of this Note discusses the theory of victims compensation and the Convention. …
Custody Battle: The Force Of U.S. Immigration And Naturalization Service Detainers Over Imprisoned Aliens, Jonathan E. Stempel
Custody Battle: The Force Of U.S. Immigration And Naturalization Service Detainers Over Imprisoned Aliens, Jonathan E. Stempel
Fordham International Law Journal
This Note argues that the INS may obtain custody over aliens for habeas corpus purposes by filing detainers with their respective prisons. Part I traces the history of habeas corpus and the expanding meaning that U.S. courts have given the term “custody.” Part I also illustrates the difficulty of defining a detainer for custodial purposes. Part II sets forth the approaches that courts use to determine the custodial effects of INS detainers. Part III submits that courts should review the intent behind the filing of an INS detainer to ascertain properly a detainer's custodial effect. This Note concludes that a …
Civil Rico Misread: The Judicial Repeal Of The 1988 Amendments To The Foreign Corrupt Practices Act, Raymond J. Dowd
Civil Rico Misread: The Judicial Repeal Of The 1988 Amendments To The Foreign Corrupt Practices Act, Raymond J. Dowd
Fordham International Law Journal
This Note argues that civil RICO should not provide a remedy for a party claiming injury due to the commercial bribery of a foreign official. Part I discusses the purposes and the legislative history of the FCPA and RICO. Part II analyzes cases that apply RICO to FCPA violations. Part III illustrates that applying civil RICO to FCPA violations frustrates congressional intent in enacting and amending both the FCPA and RICO. This Note concludes that under proper statutory construction, civil RICO's provisions do not apply to the act of bribing a foreign official.
Individual Rights And The Doctrine Of Speciality: The Deteriorations Of The United States V, Rauscher, Christopher J. Morvillo
Individual Rights And The Doctrine Of Speciality: The Deteriorations Of The United States V, Rauscher, Christopher J. Morvillo
Fordham International Law Journal
This Note argues that U.S. courts must permit an extradited individual to invoke treaty rights under the doctrine of speciality. Part I traces the history of extradition and the development of the doctrine of speciality. Part II analyzes the cases that address the issue of individual rights and the doctrine of speciality. Part III argues that extradition treaties vest defendants with the right to invoke the doctrine of speciality's protection. This Note concludes that defendants must be granted the right to raise violations of the doctrine of speciality to protect the integrity and purpose of extradition treaties.
English White Paper Law Reforms: An Outline For Equal Access To Justice?, Jay C. Carlisle
English White Paper Law Reforms: An Outline For Equal Access To Justice?, Jay C. Carlisle
Elisabeth Haub School of Law Faculty Publications
It is highly likely that by the end of 1989, legislation proposing the most dramatic changes in the English legal profession in this century will be introduced by the Lord Chancellor of Great Britain in the House of Lords. If Lords approve the legislation, it will be sent to the House of Commons early in 1990 and will become effective by Royal Assent shortly thereafter. The Lord Chancellor's reforms will abolish the barristers' monopoly of audience in higher courts, partially limit the statutory bar on multidisciplinary and multinational partnerships, introduce a modified contingency fee, permit building societies and banks to …
Recognition Of Illegalities, Proposals For Reform, And Implemented Reforms In The Soviet Criminal Justice System Under Gorbachev, Glasnost, And Perestroika, David M. Simmons
Recognition Of Illegalities, Proposals For Reform, And Implemented Reforms In The Soviet Criminal Justice System Under Gorbachev, Glasnost, And Perestroika, David M. Simmons
American University International Law Review
No abstract provided.
International Cooperation In Dealing With Terrorism: A Review Of Law And Recent Practice, Philip B. Heymann
International Cooperation In Dealing With Terrorism: A Review Of Law And Recent Practice, Philip B. Heymann
American University International Law Review
No abstract provided.
Cumulative Subject Index To Volumes 1-21, Index
Cumulative Subject Index To Volumes 1-21, Index
Case Western Reserve Journal of International Law
No abstract provided.
A Functional Approach To "General Principles Of International Law", M. Cherif Bassiouni
A Functional Approach To "General Principles Of International Law", M. Cherif Bassiouni
Michigan Journal of International Law
"General Principles of International Law" are among the sources of national and international law' which have long been recognized and applied in disputes between States.2 They were embodied in the Statute of the Permanent Court of International Justice ["PCIJ"], article 38 (I)(3), and in the Statute of the International Court of Justice ["ICJ"], article 38 (1)(c), under the terms "general principles of law recognized by civilized nations." As discussed below, both the PCIJ and ICJ have relied on this source.
Extradition To A State That Imposes The Death Penalty, Sharon A. Williams
Extradition To A State That Imposes The Death Penalty, Sharon A. Williams
Articles & Book Chapters
This article describes the extradition of prisoners from Canada to a country that imposes the death penalty.
Ancillary Discovery To Prove Denial Of Justice, Roger P. Alford
Ancillary Discovery To Prove Denial Of Justice, Roger P. Alford
Journal Articles
Today foreign investors have a new and powerful weapon to challenge denial of justice. Bilateral investment treaties (BITs) require “fair and equitable treatment” consistent with customary international law, including “the obligation not to deny justice in criminal, civil, or administrative adjudicatory proceedings in accordance with the principles of due process embodied in the principle legal systems of the world.” Those treaties also create a private right of action, empowering investors with the right to initiate international arbitral proceedings directly against the host State. BITs provide the substance and the means for the effective review of judicial behavior. These treaties do …
Effective National And International Action Against Organized Crime And Terrorist Criminal Activities, M. Bassiouni
Effective National And International Action Against Organized Crime And Terrorist Criminal Activities, M. Bassiouni
M. Cherif Bassiouni
No abstract provided.
Hello Darkness: Involuntary Testimony And Science As Evidence In Deportation Proceedings, Daniel Kanstroom
Hello Darkness: Involuntary Testimony And Science As Evidence In Deportation Proceedings, Daniel Kanstroom
Daniel Kanstroom
No abstract provided.