Digital Commons Network^™

The Role Of Offshore Jurisdictions In The Development Of The International Trust, David Brownbill

Vanderbilt Journal of Transnational Law

The trust is a common law invention, the product of experience over many years. But the more it is reduced to legislation, the more formalistic it becomes, and the less able it will be to respond to new situations and challenges. The quasi-code approach--and, to a much lesser extent, the targeted approach--also results in a fragmenting of the trust law. The trust has benefited immensely from the relative uniformity of most general principles throughout the Commonwealth and other common law countries. This has enabled developments, in the form of judicial pronouncements, in one country to be freely adopted in others. …

The Spectre Of Globalization, Tim Dunne

Indiana Journal of Global Legal Studies

No abstract provided.

Strengthening The State, Gregory H. Fox

Indiana Journal of Global Legal Studies

No abstract provided.

Vagabonds, Tinkers, And Travelers: Statelessness Among The East European Roma, Adam M. Warnke

Indiana Journal of Global Legal Studies

No abstract provided.

The Constitution, Aliens Control Act, And Xenophobia: The Struggle To Protect South Africa's Pariah-The Undocumented Immigrant, Thomas F. Hicks

Indiana Journal of Global Legal Studies

No abstract provided.

China's Newly Enacted Intercountry Adoption Law: Friend Or Foe?, Crystal J. Gates

Indiana Journal of Global Legal Studies

No abstract provided.

How Is International Human Rights Law Enforced?, Harold Hongju Koh

Indiana Law Journal

Addison C. Harris Lecture, January 21, 1998, Indiana University Law School.

Globalization In Search Of Justification: Toward A Theory Of Comparative Constitutional Interpretation, Sujit Choudhry

Indiana Law Journal

No abstract provided.

Full Volume 73: The Commander's Handbook On The Law Of Naval Operations

International Law Studies

No abstract provided.

Chapter Ii: International Status And Navigation Of Warships And Military Aircraft

International Law Studies

No abstract provided.

Chapter Vi: Adherence And Enforcement

International Law Studies

No abstract provided.

Pinochet And International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith

Michigan Law Review

The British House of Lords recently considered whether Augusto Pinochet was subject to arrest and possible extradition to Spain for alleged acts of torture and other egregious conduct carried out during his reign as Chile's head of state. The Law Lords held that a large majority of the charges against Pinochet were not proper grounds for extradition under British law. They also held, however, that Pinochet could potentially be extradited for alleged acts of torture committed after Britain's 1988 ratifica· tion of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. In reaching this latter conclusion, …

National Sovereignty: Must It Be Sacrificed To The International Criminal Court? , David A. Nill

Brigham Young University Journal of Public Law

No abstract provided.

From Renaissance Poland To Poland's Renaissance, Daniel H. Cole

Michigan Law Review

Poland is located in Eastern Europe - the "other Europe" - which shares a continent, but seemingly little else, with Western Europe. Most histories of Europe, legal histories included, are actually histories of Western Europe only. The "euro-centrism" some scholars complain about is, more accurately, a "western eurocentrism." The eastern half of the continent is ignored like the embarrassing black sheep of the European family. Economic historians have described Eastern Europe as a "backward" place, where feudal and mercantilist economies persisted as Western European economies modernized and industrialized. In geopolitical terms, Eastern Europe has been characterized as a region of …

War Crimes And The Limits Of Legalism, Gary Jonathan Bass

Michigan Law Review

In April 1945, Sir John Simon, Britain's Lord Chancellor, drew up a memorandum that was the last gasp in the diplomatic struggle against Nuremberg. Under American pressure, and despite British objections, the Allies were poised to agree to put the Axis leadership on trial for war crimes. In the kind of magnificent understatement that the British government could sometimes inadvertently achieve, it was entitled "The Argument for Summary Process against Hitler & Co." The memorandum was a series of arguments to be used by the British delegation at the San Francisco conference in a last-ditch effort to win over the …

The Abolition Of The Death Penalty: Does "Abolition" Really Mean What You Think It Means?, Christy A. Short

Indiana Journal of Global Legal Studies

No abstract provided.

Terrorism: A Global Phenomenon Mandating A Unified International Response, Jacqueline Ann Carberry

Indiana Journal of Global Legal Studies

No abstract provided.

Customary International Law And International Human Rights Litigation In United States Courts: Revitalizing The Legacy Of The Paquete Habana, Kathleen M. Kedian

William & Mary Law Review

No abstract provided.

The Extraterritorial Reach Of The U.S. Government's Campaign Against International Bribery, H. Lowell Brown

UC Law SF International Law Review

Recent initiatives by the Securities Exchange Commission, acting under the Foreign Corrupt Practices Act (FCPA), and by the Organization of American States and the Organization for Economic Co-operation and Development have highlighted efforts to "level the playing field" of international commerce through the prohibition of government bribery. For U.S. companies, these developments are generally positive. However, foreign entities in which U.S. companies have an interest may now find themselves subject to criminal and civil liability for commercial practices which were formerly beyond the reach of the FCPA and tolerated in their own countries. Accordingly, for U.S. companies doing business internationally …

The Common Law In South Africa: Pro Apartheid Or Pro Democracy, Jeremy Sarkin

UC Law SF International Law Review

The role of the common law in South Africa has been controversial. Some argue that South Africa's common law, inherited from Roman-Dutch and English law, has a problematic colonial tradition that has done little to protect justice and equality. Others argue that if not for parliamentary security legislation, South Africa's common law could have protected rights and freedoms.

This article examines several apartheid-era cases in which the common law protection of individual rights was at stake to determine whether the common law was human rights friendly, or if it was compatible with the constitutional dispensation of human rights abuses. It …

The Quest For Justice And Reconciliation: The International Criminal Tribunal For Rwanda And The Ethiopian High Court, Yacob Haile-Mariam

UC Law SF International Law Review

About fifty years have gone by since international humanitarian law was first applied to the proseculion and punishment of war criminals. Just a few years ago, the international humanitarian law most law students learned about was couched within public international law, often studied without any serious intention of ever applying it. Recent prosecutions of war criminals in former Yugoslavia, the presence of genocide suspects in Rwanda and the impending establishment of the Permanent International Criminal Tribunal by the United Nations have revived interest in international humanitarian law, with particular interest in genocide and crimes against humanity.

This article compares the …

Reviewing Behind The Success And Failure Of U.S. Export Intermediaries -- Transactions, Agents And Resources, Finn Martensen

Global Business & Development Law Journal

No abstract provided.

International Responsibility Of An Occupying Power For Environmental Harm: The Case Of Estonia, Lisa M. Kaplan

Global Business & Development Law Journal

No abstract provided.

Reviewing Citizens, Strangers And In-Betweens: Essays On Immigration And Citizenship, Polly A. Webber

Global Business & Development Law Journal

No abstract provided.

Reviewing International Banking -- Cases, Materials And Problems, Patricia A. Mccoy

Global Business & Development Law Journal

No abstract provided.

Agrarian Reform's Constraints On Land Acquisition And Development For Non-Agricultural Use In The Philippines, Janeth San Pedro

Global Business & Development Law Journal

No abstract provided.

Grotius Repudiated: The American Objections To The International Criminal Court And The Commitment To International Law, Marcell David

Michigan Journal of International Law

This article analyzes the American objections to the Statute. Part I describes the historical precedents for a permanent international criminal court and the drafting process undertaken. Part I concludes with a summary of the sections of the Statute which are implicated by the American objections. These statutory sections include the Statute's definitions of crimes, the role of the Prosecutor, the Court's anticipated relationship with the U.N. Security Council, and the Court's anticipated jurisdiction over states not party to the Statute. Part II selects three recent or current instances where the United States has used armed force, and analyzes the claims …

An Examination Of The Rights Of American Bounty Hunters To Engage In Extraterritorial Abductions In Mexico, Andrew Berenson

University of Miami Inter-American Law Review

No abstract provided.

Fifty Years Of Disability Law: The Relevance Of The Universal Declaration, Charles D. Siegal

ILSA Journal of International & Comparative Law

This discussion is about the relevance of the Universal Declaration to disability rights law. There has been a good deal of discussion historically about the status of the Declaration.

The Importance Of The Universal Declaration Of Human Rights In The Past And Future Of The United Nation's Human Rights Efforts, Elsa Stamatopoulou

ILSA Journal of International & Comparative Law

After fifty years since the adoption of the Universal Declaration of Human Rights [hereinafter UDHR] it is legitimate to ask whether the UDHR is at the root of all the positive international action in the last five decades.