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The Civil Enforcement Of Human Rights Norms In Domestic Courts, Beth Van Schaack Jan 2000

The Civil Enforcement Of Human Rights Norms In Domestic Courts, Beth Van Schaack

ILSA Journal of International & Comparative Law

This Article will attempt to make the case for the domestic civil action in defense of international human rights in the face of a potential threat to such litigation.


Human Rights Accountability: Congress, Federalism And International Law, Beth Stephens Jan 2000

Human Rights Accountability: Congress, Federalism And International Law, Beth Stephens

ILSA Journal of International & Comparative Law

While regularly seeking to apply international human rights norms tojudge the behavior of other governments, the United States has vehemently rejected efforts to apply such rules to United States domestic behavior.


Evolving Human Rights Norms Around Sexuality, Kristen L. Walker Jan 2000

Evolving Human Rights Norms Around Sexuality, Kristen L. Walker

ILSA Journal of International & Comparative Law

International human rights law has only very recently begun to address issues of sexual identity.


Introductory Remarks-Alien Tort Claims Act, Charles Curlett Jan 2000

Introductory Remarks-Alien Tort Claims Act, Charles Curlett

ILSA Journal of International & Comparative Law

Good morning ladies and gentlemen, and welcome. We are fortunate to have with us today a distinguished panel of professors and practitioners who will be speaking about various aspects of current Alien Tort Claims Act' (ATCA) litigation. Before I introduce them, I thought we might begin with the language of the Statute itself


Pinning Guilt On Pinochet, Alfred P. Rubin Jan 2000

Pinning Guilt On Pinochet, Alfred P. Rubin

ILSA Journal of International & Comparative Law

Britain's Highest Court has decided that a treaty requires the British to honor a Spanish request for the extradition of General Augusto Pinochet Ugarte, Chile's strong man from 1973 until he "retired" with a rank of "Senator for Life" in Chile.


International Human Rights, International Humanitarian Law, And Environmental Security: Can The International Criminal Court Bridge The Gaps?, Mark A. Drumbl Jan 2000

International Human Rights, International Humanitarian Law, And Environmental Security: Can The International Criminal Court Bridge The Gaps?, Mark A. Drumbl

ILSA Journal of International & Comparative Law

Human rights law has evolved considerably over the past half-century. Much of this evolution has occurred at the international level.


Terrorism On Trial: The Lockerbie Criminal Proceedings, Michael P. Scharf Jan 2000

Terrorism On Trial: The Lockerbie Criminal Proceedings, Michael P. Scharf

ILSA Journal of International & Comparative Law

On December 21, 1998, a bomb exploded in the cargo hold of Pan Am Flight 103 killing all 259 passengers and crew, as well as eleven residents of the town of Lockerbie where the wreckage of the Bowing 747 crashed 31,000 feet below.


International Law Antinomies And Contradictions Of An Era Of Historical Transition: Retrospective On The Nato Armed Intervention In Kosovo, Edward Mcwhinney Jan 2000

International Law Antinomies And Contradictions Of An Era Of Historical Transition: Retrospective On The Nato Armed Intervention In Kosovo, Edward Mcwhinney

ILSA Journal of International & Comparative Law

We live today in an era of historical transition. The 20th century really ended with the fall of the Berlin Wall in 1989.


Groups Protected By The Genocide Convention: Conflicting Interpretations From The International Criminal Tribunal For Rwanda, William A. Schabas Jan 2000

Groups Protected By The Genocide Convention: Conflicting Interpretations From The International Criminal Tribunal For Rwanda, William A. Schabas

ILSA Journal of International & Comparative Law

The Convention for the Prevention and Punishment of the Crime of Genocide' protects "national, ethnical, racial and religious" groups from intentional physical destruction.


Human Rights Environment And Development In South Asia, Ali M. Qazilbash Jan 2000

Human Rights Environment And Development In South Asia, Ali M. Qazilbash

ILSA Journal of International & Comparative Law

The fundamental importance of the issue of Human Rights and the environment to any society is deeply appreciated today.


The Jurisdiction Of The International Criminal Court Over Nationals Of Non-Party States (Conference Remarks), Madeline Morris Jan 2000

The Jurisdiction Of The International Criminal Court Over Nationals Of Non-Party States (Conference Remarks), Madeline Morris

ILSA Journal of International & Comparative Law

The Rome Treaty for an International Criminal Court (ICC) provides for the establishment of an international court with jurisdiction over genocide, war crimes, and crimes against humanity.


The Guatemalan Historical Clarification Commisiion Finds Genocide, Jan Perlin Jan 2000

The Guatemalan Historical Clarification Commisiion Finds Genocide, Jan Perlin

ILSA Journal of International & Comparative Law

On December 29, 1996 the Guatemalan government and the Unidad Revolucionaria Nacional Guatemalteca (URNG), signed peace accords bringing an end to thirty-four years of internal armed conflict.


Accountability Beckons During A Year Of Worries For The Khmer Rouge Leadership, Craig Etcheson Jan 2000

Accountability Beckons During A Year Of Worries For The Khmer Rouge Leadership, Craig Etcheson

ILSA Journal of International & Comparative Law

The year 1999 saw a series of extraordinary developments in the search for justice in the case of Cambodia's Khmer Rouge.


Judgments Rendered In 1999 By The International Criminal Tribunals For The Former Yugosalvia And For Rwanda: Tadic (App.Ch.); Aleksovski (Icty); Jelisic (Icty); Ruzindana & Kayishema (Ictr); Serushago (Ictr); Rutaganda (Ictr), Kelly D. Askin Jan 2000

Judgments Rendered In 1999 By The International Criminal Tribunals For The Former Yugosalvia And For Rwanda: Tadic (App.Ch.); Aleksovski (Icty); Jelisic (Icty); Ruzindana & Kayishema (Ictr); Serushago (Ictr); Rutaganda (Ictr), Kelly D. Askin

ILSA Journal of International & Comparative Law

The year of 1999 witnessed extensive activity in the two United Nations ad hoc Tribunal established to prosecute serious violations of international humanitarian law committed in the territory of the former Yugoslavia and in Rwanda.


The Imprint Of Kosovo On The Law Of Humanitarian Intervention, Julie Mertus Jan 2000

The Imprint Of Kosovo On The Law Of Humanitarian Intervention, Julie Mertus

ILSA Journal of International & Comparative Law

For nearly ten years, human rights advocates have tried to focus public attention on Kosovo.


Changing Hearts And Minds: The Domestic Influence Of International Tribunals, Belinda Cooper Jan 2000

Changing Hearts And Minds: The Domestic Influence Of International Tribunals, Belinda Cooper

ILSA Journal of International & Comparative Law

I have been observing events in Kosovo as someone interested not only in international tribunals, but also in German history, and especially in the way in which Germany has dealt with the legacies of World War I and the Holocaust.


The Rights Of The Accused In A Global Enforcement Arena, Diane Marie Amann Jan 2000

The Rights Of The Accused In A Global Enforcement Arena, Diane Marie Amann

ILSA Journal of International & Comparative Law

It is a commonplace that crime, no less than other industries, has become a global venture.


A Case In Exploitation: Elian Gonzalez, Should He Stay Or Should He Go?, Erin Deady Jan 2000

A Case In Exploitation: Elian Gonzalez, Should He Stay Or Should He Go?, Erin Deady

ILSA Journal of International & Comparative Law

By now we have all heard the issues framed. A young five-year-old boy is found clinging to a life raft after two days at sea adrift.


The Cocaine Cartel's Best Kept Secret…The Black Market Peso Exchange; The Going Is Good, But For How Long, And At What Price?, Michael C. Greenberg Jan 2000

The Cocaine Cartel's Best Kept Secret…The Black Market Peso Exchange; The Going Is Good, But For How Long, And At What Price?, Michael C. Greenberg

ILSA Journal of International & Comparative Law

The date is July 2, 1991, piled upon rectangular tables are stacks of United States dollars.


A Critical Analysis Of The International Child Support Enforcement Provisions Of The Social Security Act: The (In)Ability Of States To Enter Into Agreements With Foreign Nations, Chelsea P. Ferrette Jan 2000

A Critical Analysis Of The International Child Support Enforcement Provisions Of The Social Security Act: The (In)Ability Of States To Enter Into Agreements With Foreign Nations, Chelsea P. Ferrette

ILSA Journal of International & Comparative Law

A man and a woman get married. After a number of years they have kids. A few years later, they get a divorce. The divorce decree is issued in Israel, where the wife resides, yet the ex-husband resides in Chicago.'


The Pinochet Case In Spain, Antoni Pigrau Sole' Jan 2000

The Pinochet Case In Spain, Antoni Pigrau Sole'

ILSA Journal of International & Comparative Law

The London arrest of the senator and retired general, Augusto Pinochet Ugarte, on October 16, 1998, at the request of Spanish judge, Baltasar Garz6n, (the judge of the Fifth Central Court of Instruction of the National Court), and the steps taken thus far by the British and Spanish courts since the arrest have had, and will continue to have, undisputed transcendence.


E-Commerce And International Political Economics: The Legal And Political Ramifications Of The Internet On World Economies, Chelsea P. Ferrette Jan 2000

E-Commerce And International Political Economics: The Legal And Political Ramifications Of The Internet On World Economies, Chelsea P. Ferrette

ILSA Journal of International & Comparative Law

In the nearly 300 years since the industrial revolution,' the advancement of technology has always aided international business


2000 Philip C. Jessup, J. Michael Allen Iii, Elizabeth Bosquet, Kristi L. Deason, David R. Pruet Jan 2000

2000 Philip C. Jessup, J. Michael Allen Iii, Elizabeth Bosquet, Kristi L. Deason, David R. Pruet

ILSA Journal of International & Comparative Law

The State of Kuraca and the Republic of Senhava have submitted their differences concerning the vaccine trials to the International Court of Justice for resolution through a Special Agreement, in accordance with Article 40(1) of the Statute of the International Court of Justice.


Isla Journal Of International And Comparative Law, Ilsa Journal Of International & Comparative Law Jan 2000

Isla Journal Of International And Comparative Law, Ilsa Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

International insolvencies have proliferated in the past decade, but the law of international insolvency has not kept pace.


Isla Journal Of International And Comparative Law, Ilsa Journal Of International & Comparative Law Jan 2000

Isla Journal Of International And Comparative Law, Ilsa Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

As international commerce continues to increase in online volume, so to will disputes arising out of that online commerce.