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International Law

Journal

2000

Institution
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Articles 121 - 148 of 148

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News From The International Criminal Tribunals , Cecile E.M. Meijer, Amardeep Singh Jan 2000

News From The International Criminal Tribunals , Cecile E.M. Meijer, Amardeep Singh

Human Rights Brief

No abstract provided.


Can U.S. Antitrust Laws Open International Markets?, Spencer Weber Waller Jan 2000

Can U.S. Antitrust Laws Open International Markets?, Spencer Weber Waller

Northwestern Journal of International Law & Business

The vigorous and non-discriminatory enforcement of antitrust law can contribute to promoting an international marketplace characterized by an open competitive process. However, antitrust law is, at best, a supporting player in constructing a liberal multilateral trading order, and is incapable of promoting any single country's exports. This article suggests a small, but important, role for United States antitrust law in promoting that competitive marketplace in conjunction with a developing wave of competition law around the globe.


Transnational Competition Law Aspects Of Mergers And Acquisitions, William M. Hannay Jan 2000

Transnational Competition Law Aspects Of Mergers And Acquisitions, William M. Hannay

Northwestern Journal of International Law & Business

As more and more U.S. companies engage in overseas operations, even the most routine merger or acquisition seems to have a transnational component which requires analysis and perhaps premerger notification under an increasing number of foreign "competition laws" (or what we call antitrust laws). An understanding of those competition rules has become an imperative for American lawyers.


Wives For Sale: The Modern International Mail-Order Bride Industry, Kathryn A. Lloyd Jan 2000

Wives For Sale: The Modern International Mail-Order Bride Industry, Kathryn A. Lloyd

Northwestern Journal of International Law & Business

This comment begins by discussing the mail-order bride industry in the context of international human trafficking, focusing on traffic between the United States and the Philippines, and includes an overview of the current regulations that exist regarding this industry. It then gives an overview of the major criticisms of the mail-order bride industry, the international problems created by the practice of trafficking women as brides, and the failure of current regulations in the United States and the Philippines (or the lack thereof) to address these problems. Finally, this comment calls for international regulation that would begin to address these problems, …


Foreword: The Rocky Road Toward The Rule Of Law In China: 1979-2000, James Hugo Friend Jan 2000

Foreword: The Rocky Road Toward The Rule Of Law In China: 1979-2000, James Hugo Friend

Northwestern Journal of International Law & Business

This Twentieth Anniversary Issue of JILB again has a symposium on law in China entitled China Revisited: Examining the Rule of Law After Twenty Years." The impetus for the 2000 China Symposium is the unprecedented integration of China into the world economic community, evidenced by China's imminent entry into the World Trade Organization ("WTO").2 The road to China's integration into the WTO was paved by the U. S. Senate's recent vote, "the most significant advance in U.S.-China relations since President Nixon's 1972 visit,'13 which grants China permanent normalized trade relations without annual Congressional review. Although the Senate approval was expected, …


Bird In A Cage: Chinese Law Reform After Twenty Years, Stanley Lubman Jan 2000

Bird In A Cage: Chinese Law Reform After Twenty Years, Stanley Lubman

Northwestern Journal of International Law & Business

When I wrote in 1979, it was easy to summarize the state of Chinese legal institutions because they were so sparse. Although a judicial system had been created on the Soviet model in the 1950s, it had been politicized by the end of that decade after a brief period of liberalization, and then further wrecked by the Cultural Revolution. A new period of institution-building began in 1979; reconstruction of the courts began and the law schools, closed for a decade, reopened. Most fundamentally, the policies of the Chinese leadership seemed to promise, as I noted then, "attempts to conceptualize and …


Protecting The Protectors: Preventing The Decline Of The Inter-American System For The Protection Of Human Rights, Michael F. Cosgrove Jan 2000

Protecting The Protectors: Preventing The Decline Of The Inter-American System For The Protection Of Human Rights, Michael F. Cosgrove

Case Western Reserve Journal of International Law

No abstract provided.


The Russian Death Penalty Dilemma: Square Pegs And Round Holes, Khadine L. Ritter Jan 2000

The Russian Death Penalty Dilemma: Square Pegs And Round Holes, Khadine L. Ritter

Case Western Reserve Journal of International Law

No abstract provided.


Shaky Pillars: An Introduction To Commentaries On The Legal Foundations For Peace And Prosperity In The Middle East, Hiram E. Chodosh Jan 2000

Shaky Pillars: An Introduction To Commentaries On The Legal Foundations For Peace And Prosperity In The Middle East, Hiram E. Chodosh

Case Western Reserve Journal of International Law

No abstract provided.


Negotiations And Agreements Are Better Than Legal Resolutions: A Response To Professor John Quigley, Shimon Shetreet Jan 2000

Negotiations And Agreements Are Better Than Legal Resolutions: A Response To Professor John Quigley, Shimon Shetreet

Case Western Reserve Journal of International Law

commentary


The Appointment Of General Yaron: Continuing Impunity For The Sabra And Shatilla Massacres, Linda A. Malone Jan 2000

The Appointment Of General Yaron: Continuing Impunity For The Sabra And Shatilla Massacres, Linda A. Malone

Case Western Reserve Journal of International Law

commentary


The Prince, The Shaykh--And The Lawyer, Abdulaziz H. Al Fahad Jan 2000

The Prince, The Shaykh--And The Lawyer, Abdulaziz H. Al Fahad

Case Western Reserve Journal of International Law

commentary


Reflections: Beyond Compliance Theory--Trips As A Substantive Issue, Peter M. Gerhart Jan 2000

Reflections: Beyond Compliance Theory--Trips As A Substantive Issue, Peter M. Gerhart

Case Western Reserve Journal of International Law

No abstract provided.


Compliance & Effectiveness In International Regulatory Cooperation, Kal Raustiala Jan 2000

Compliance & Effectiveness In International Regulatory Cooperation, Kal Raustiala

Case Western Reserve Journal of International Law

No abstract provided.


The Statute Of The International Criminal Court And Third States, Gennady M. Danilenko Jan 2000

The Statute Of The International Criminal Court And Third States, Gennady M. Danilenko

Michigan Journal of International Law

This paper examines the principal legal and political effects of the Rome Statute on non-parties. In particular, it explores the significance of the creation of a new powerful international institution for all members of the international community. It discusses the jurisdictional reach of the ICC which will inevitably affect all States. This paper also analyzes possible application of some provisions of the Rome Statute to non-States Parties in so far as these may reflect or generate customary international law. It suggests that despite the traditional principle of treaty law, according to which treaties do not bind Third States, the Rome …


Footprints Of Death: Cluster Bombs As Indiscriminate Weapons Under International Humanitarian Law, Virgil Wiebe Jan 2000

Footprints Of Death: Cluster Bombs As Indiscriminate Weapons Under International Humanitarian Law, Virgil Wiebe

Michigan Journal of International Law

This Article applies these principles of discrimination to the real, rather than idealized, use and characteristics of cluster bombs. Briefly stated, these principles call upon parties to an armed conflict to distinguish between civilians and combatants and to weigh the military advantages of a particular weapon or type of attack against the harm it will do to civilians and civilian objects. This Article also considers briefly the global problem of cluster munitions and examines fundamental components of the discrimination principle as they apply to cluster bombs. As three specific case studies, it analyzes the use of cluster bombs by breakaway …


Prosecution Of Nazi War Criminals Before Post-World War Ii Domestic Tribunals, Matthew Lippman Jan 2000

Prosecution Of Nazi War Criminals Before Post-World War Ii Domestic Tribunals, Matthew Lippman

University of Miami International and Comparative Law Review

No abstract provided.


Forgiveness And International Amnesty, Martin S. Flaherty (Moderator) Jan 2000

Forgiveness And International Amnesty, Martin S. Flaherty (Moderator)

Fordham Urban Law Journal

A discussion of the role of forgiveness in international amnesty. Includes an audience question-and-answer session.


International Debt Forgiveness And Global Poverty Reduction, Chantal Thomas Jan 2000

International Debt Forgiveness And Global Poverty Reduction, Chantal Thomas

Fordham Urban Law Journal

This article discusses the relationship between the international debt crisis and global poverty. The author argues for an expansion of coordinated international effort, bolstered by fundamental principles of public international law, to address global poverty by substantially reducing the foreign-denominated debt owed by developing countries to modernized countries and financial institutions.


Forgiveness And International Amnesty, Martin S. Flaherty (Moderator) Jan 2000

Forgiveness And International Amnesty, Martin S. Flaherty (Moderator)

Fordham Urban Law Journal

A discussion of the role of forgiveness in international amnesty. Includes an audience question-and-answer session.


International Debt Forgiveness And Global Poverty Reduction, Chantal Thomas Jan 2000

International Debt Forgiveness And Global Poverty Reduction, Chantal Thomas

Fordham Urban Law Journal

This article discusses the relationship between the international debt crisis and global poverty. The author argues for an expansion of coordinated international effort, bolstered by fundamental principles of public international law, to address global poverty by substantially reducing the foreign-denominated debt owed by developing countries to modernized countries and financial institutions.


Noriega V. Hernández Colón: Political Persecution Under Therapeutic Scrutiny, Roberto P. Aponte Toro Jan 2000

Noriega V. Hernández Colón: Political Persecution Under Therapeutic Scrutiny, Roberto P. Aponte Toro

Seattle University Law Review

Therapeutic jurisprudence is a relatively young school of thought. One of its major attractions to the academic community has been its claim that society could use the law, both at the legislative and adjudicatory level, to promote the psychological well-being of those affected by the law. In this commentary, I want to share a little known decision of the Supreme Court of Puerto Rico regarding police persecution of political minorities. It is my contention that looking at this decision through the lens of therapeutic jurisprudence, one may discover a serious effort by the court to heal very divisive wounds on …


The Secret Of The Court In The Netherlands, Niels F. Van Manen Jan 2000

The Secret Of The Court In The Netherlands, Niels F. Van Manen

Seattle University Law Review

The procedural organization of the legal system in the Netherlands is quite different from the North American model. The Dutch legal system forbids the publication of dissenting opinions. There is even a veil of ignorance about unanimity, created by what is "secret of the court": justice is handed out in black and white terms, regardless of the judges' motivations. This might create an image of unity and unanimity, and thus promote the legitimacy of jurisprudence, however, this secret of the court also prevents the effects of therapeutic jurisprudence, since those who have "won," but even more so those who have …


Animal Welfare Law In Canada And Europe, Elaine L. Hughes, Christiane Meyer Jan 2000

Animal Welfare Law In Canada And Europe, Elaine L. Hughes, Christiane Meyer

Animal Law Review

The idea that animals are entities that deserve protection, irrespective of their utility to man, is firmly grounded in the Enlightenment. The principle that a creature's need for considerate treatment did not depend on the possession of a soul or the ability to reason, but on the capacity to feel pain was formulated and debated at that time. The debate continues today-Canada is in the midst of examining its own ethical, philosophical and legal beliefs about animal welfare and cruelty. This article examines the current state of animal welfare and cruelty laws and recent attempts through federal legislation to modernize …


Law Through War, David A. Westbrook Jan 2000

Law Through War, David A. Westbrook

Buffalo Law Review

No abstract provided.


The Sheinbein Legacy: Israel's Refusal To Grant Extradiction As A Model Of Complexity, Jesse Hallee Jan 2000

The Sheinbein Legacy: Israel's Refusal To Grant Extradiction As A Model Of Complexity, Jesse Hallee

American University International Law Review

No abstract provided.


International Law And Practice: Dealing With The Past In The South African Experience, Kader Asmal Jan 2000

International Law And Practice: Dealing With The Past In The South African Experience, Kader Asmal

American University International Law Review

No abstract provided.


Permeable Fences Make Good Neighbors: Improving A Seemingly Intractable Border Conflict Between Israelis And Palestinians, Barry A. Feinstein, Mohammed S. Dajani-Daoudi Jan 2000

Permeable Fences Make Good Neighbors: Improving A Seemingly Intractable Border Conflict Between Israelis And Palestinians, Barry A. Feinstein, Mohammed S. Dajani-Daoudi

American University International Law Review

No abstract provided.