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Articles 481 - 510 of 539
Full-Text Articles in Entire DC Network
A Developing Trend: Laws And Policies On Internal Displacement, Jessica Wyndham
A Developing Trend: Laws And Policies On Internal Displacement, Jessica Wyndham
Human Rights Brief
No abstract provided.
Reinterpreting Torture: Presidential Signing Statements And The Circumvention Of U.S. And International Law, Erin Louise Palmer
Reinterpreting Torture: Presidential Signing Statements And The Circumvention Of U.S. And International Law, Erin Louise Palmer
Human Rights Brief
No abstract provided.
Israel, Hezbollah And The Conflict In Lebanon: An Act Of Aggression Or Self-Defense?, Victor Kattan
Israel, Hezbollah And The Conflict In Lebanon: An Act Of Aggression Or Self-Defense?, Victor Kattan
Human Rights Brief
No abstract provided.
Updates From The International Criminal Courts, Elizabeth J. Rushing, Nick Leddy, Anne Heindel, Angela Edman, Bjorn Sorenson
Updates From The International Criminal Courts, Elizabeth J. Rushing, Nick Leddy, Anne Heindel, Angela Edman, Bjorn Sorenson
Human Rights Brief
No abstract provided.
A Critique Of India's Information Technology Act And Recommendations For Improvement, Stephen E. Blythe
A Critique Of India's Information Technology Act And Recommendations For Improvement, Stephen E. Blythe
Syracuse Journal of International Law and Commerce
India's Information Technology Act (/TA) recognizes the legal validity of £-documents, £-signatures and £-contracts, and also promotes £-government. £-documents are not allowed in wills, trusts, sales of real property, negotiable instruments and powers-of-attorney. An £-document may be used to satisfy a statutory requirement of writing; authentication; retention; publication; and governmental filing, issuance or payment. A digital signature complies with a statutory requirement for a handwritten signature to be affixed on paper. The /TA includes £-contract rules relating to: attribution, acknowledgement of receipt, and time and place of transmission and reception of an electronic message. Rules are provided for the regulation …
Enforcement Of Arbitral Awards Against Foreign States Or State Agencies, S.I. Strong
Enforcement Of Arbitral Awards Against Foreign States Or State Agencies, S.I. Strong
Northwestern Journal of International Law & Business
For years, U.S. courts took a highly deferential, "hands-off' approach to litigation involving a foreign sovereign. However, recent case law out of the D.C. Circuit has radically diminished the jurisdictional elements that plaintiffs must establish before a U.S. court will assert its power to enforce an arbitral award against a foreign state or state agency. This Article investigates this recent shift and describes what contacts, if any, a foreign state or state agency must have with the United States before a U.S. court will assert jurisdiction under sections 1605(a)(1) and 1605(a)(6) of the U.S. Foreign Sovereign Immunities Act ("FSIA").4 This …
Competition Law And Policy In Flux: The Developing Country Experience Symposium On Competition Law And Policy In Developing Countries: Introduction , David Van Zandt
Competition Law And Policy In Flux: The Developing Country Experience Symposium On Competition Law And Policy In Developing Countries: Introduction , David Van Zandt
Northwestern Journal of International Law & Business
This issue sheds light on the meaningful themes which are the driving forces in the global sphere of competition law and policy. It is also pertinent to note that the timing of this symposium is unique and coincides with the annual conference of the International Competition Network (ICN) to be held in South Africa in May 2006. The ICN is the only international body devoted exclusively to competition law enforcement and it consists of some ninety-four competition authorities from eighty-three countries. It has also become the premier international discussion forum on competition issues. With great pride, I invite you to …
The Hague Convention On Choice Of Court Agreements: The United States Joins The Judgment Enforcement Band, Matthew H. Adler, Michele Crimaldi Zarychta
The Hague Convention On Choice Of Court Agreements: The United States Joins The Judgment Enforcement Band, Matthew H. Adler, Michele Crimaldi Zarychta
Northwestern Journal of International Law & Business
In 2005, the United States signed a treaty that, if ratified, would be the United States' first-ever international agreement on judgment enforcement. The treaty provides that (a) where two commercial parties elect to resolve disputes between them in a particular forum, and (b) a judgment issues from that forum, then (c) all member states must enforce the judgment. It is a document driven by party autonomy; absent a choice of court agreement (in U.S. parlance, a choice of forum clause), the treaty has no meaning or applicability. The treaty's signing was the end of a rigorous journey. The United States …
Defragmenting World Trade, Sungjoon Cho
Defragmenting World Trade, Sungjoon Cho
Northwestern Journal of International Law & Business
The global trading community is in a state of deep crisis. Its main system, multilateralism, has recently been clogged by viscous trade barriers created by a proliferation of bilateral, regional trading blocs. Globalization offers a worldwide "production value chain" which enables even small economies to take part in the global commerce by offering raw materials or labor. In fact, small economies hold a comparative advantage at certain stages of the international manufacturing process.1 However, the current pattern of regional trading blocs militates against such participation by erecting new barriers against non-members and thus compartmentalizing the global market.2 This is not …
Islamic Principles Governing International Trade Financing Instruments: A Study Of The Morabaha In English Law, Jason C. T. Chuah
Islamic Principles Governing International Trade Financing Instruments: A Study Of The Morabaha In English Law, Jason C. T. Chuah
Northwestern Journal of International Law & Business
The past years have seen a clear and incontrovertible rise in the use of international financial and commercial instruments expressed to be governed by Islamic principles. Banks and other commercial entities in Islamic and non-Islamic countries are increasingly aware of the commercial need to offer services which are specifically tailored to meet this sector of the international market. Disputes over the interpretation and application of such instruments invariably arise. English courts are not insulated from such disputes, given that the City of London is at the forefront of many international commercial and financial dealings. As a matter of law, the …
Falling Short Of The Mark: The United States Response To The European Union's Data Privacy Directive, Morey Elizabeth Barnes
Falling Short Of The Mark: The United States Response To The European Union's Data Privacy Directive, Morey Elizabeth Barnes
Northwestern Journal of International Law & Business
In the spring and summer of 2005, the headlines of America's major newspapers provided a constant reminder of an issue about which Americans have grown increasingly worried: data security. Rather than publicizing the war in Iraq or the buzz over potential Supreme Court nominees, these headlines warned: "Info theft slams chain: 1.4 million card numbers stolen;" "Poll Says Identity Theft Concerns Rose After High-Profile Breaches;" "Data Security Breaches Alarm Consumers." In the previous few months, a series of high-profile companies such as Bank of America, Reed Elsevier Group's LexisNexis, PayMaxx, Choice Point, and SAIC had announced that millions of records …
Taxing The International Athlete: Working Toward Free Trade In The Americas Through A Multilateral Tax Treaty, Jeffrey Dunlop
Taxing The International Athlete: Working Toward Free Trade In The Americas Through A Multilateral Tax Treaty, Jeffrey Dunlop
Northwestern Journal of International Law & Business
At first glance, it does not appear that taxation issues facing the international athlete and developing free trade between North and South America are closely related; they represent very different aspects of cross-border transactions and investment. On the other hand, they may be related when viewed as sequential steps in the process toward developing sustained economic relationships. This article will attempt to bridge that gap. First, Part II of this article discusses the current United States approach toward taxation of international athletes. Next, Part III reviews the history and issues facing tax treaty negotiations between the United States and developing …
When Courts Make Law: How The International Criminal Tribunals Recast The Laws Of War, Allison M. Danner
When Courts Make Law: How The International Criminal Tribunals Recast The Laws Of War, Allison M. Danner
Vanderbilt Law Review
This Article argues that states often tacitly delegate lawmaking authority and that the Security Council did so in the case of the Tribunals. Although the historical record cannot definitely prove its validity, this hypothesis is supported by evidence from other international courts that lawmaking by international judiciaries is widespread and accepted by states, even if formally proscribed. The Article suggests that states do not acknowledge this delegation, however, in order both to perpetuate the fiction of state hegemony over international norm generation and to provide a shield behind which international courts can make law without suffering paralyzing political pressure that …
Brazil's Recent Threat On Abbott's Patent: Resolution Or Retaliation, Jennifer Bjornberg
Brazil's Recent Threat On Abbott's Patent: Resolution Or Retaliation, Jennifer Bjornberg
Northwestern Journal of International Law & Business
In June 2005, Brazil threatened to infringe the patent of an anti-AIDS medication, Kaletra, patented and produced by a U.S. based pharmaceutical company, Abbott Laboratories. The resulting controversy necessarily implicated the World Trade Organization's Agreement on Trade Related Aspects of Intellectual Property ("TRIPS Agreement") as Brazil was a Member Nation under the agreement and Abbott's product was protected under that agreement. Ultimately, the threat came to a voluntary resolution between both parties, but the dispute raised a number of unique questions relating to international trade and public health concerns. This article will discuss the recent controversy between Abbott and Brazil …
In The Wake Of Republic Of Austria V. Altmann: The Current Status Of Foreign Sovereign Immunity In United States Courts, David P. Vandenberg
In The Wake Of Republic Of Austria V. Altmann: The Current Status Of Foreign Sovereign Immunity In United States Courts, David P. Vandenberg
University of Colorado Law Review
In Republic of Austria v. Altmann, the United States Supreme Court held that conduct predating the passage of the Foreign Sovereign Immunity Act of 1976 could nonetheless be grounds for a claim under the Act. This article begins with a historical survey of foreign sovereign immunity in the U.S. legal system. However, it is foremost an analysis and critique of the Supreme Court's opinion in Altmann. It argues that in the wake of the Court's decision, the floodgates will not open to a rash of foreign sovereign immunity claims based on long-ago conduct because other factors-both legal and practical will …
Defining Torture, David Sussman
Defining Torture, David Sussman
Case Western Reserve Journal of International Law
No abstract provided.
Torturing The Law, Jose A. Alvarez
Torturing The Law, Jose A. Alvarez
Case Western Reserve Journal of International Law
No abstract provided.
The Elephant In The Room: Foreword: Torture And The War On Terror, Michael P. Scharf, Rory T. Hood
The Elephant In The Room: Foreword: Torture And The War On Terror, Michael P. Scharf, Rory T. Hood
Case Western Reserve Journal of International Law
No abstract provided.
Combating Terrorism: Zero Tolerance For Torture, Richard Goldstone
Combating Terrorism: Zero Tolerance For Torture, Richard Goldstone
Case Western Reserve Journal of International Law
No abstract provided.
Why Not The Courts, John Hutson
Why Not The Courts, John Hutson
Case Western Reserve Journal of International Law
No abstract provided.
The Unholy Trinity: Intelligence, Interrogation And Torture, Amos Guiora
The Unholy Trinity: Intelligence, Interrogation And Torture, Amos Guiora
Case Western Reserve Journal of International Law
No abstract provided.
Dangerous World Of Indefinite Detentions: Vietnam To Abu Ghraib, The, Jennifer Van Bergen, Douglas Valentine
Dangerous World Of Indefinite Detentions: Vietnam To Abu Ghraib, The, Jennifer Van Bergen, Douglas Valentine
Case Western Reserve Journal of International Law
No abstract provided.
Nsa Wiretapping Controversy, David D. Cole, Ruth Wedgwood
Nsa Wiretapping Controversy, David D. Cole, Ruth Wedgwood
Case Western Reserve Journal of International Law
No abstract provided.
The Role Of Military Commissions In The Global War On Terrorism, Morris D. Davis
The Role Of Military Commissions In The Global War On Terrorism, Morris D. Davis
Case Western Reserve Journal of International Law
No abstract provided.
Guantanamo And Citizenship: An Unjust Ticket Home, Rory T. Hood
Guantanamo And Citizenship: An Unjust Ticket Home, Rory T. Hood
Case Western Reserve Journal of International Law
No abstract provided.
The White House Torture Memoranda, White House
The White House Torture Memoranda, White House
Case Western Reserve Journal of International Law
No abstract provided.
Masthead, Volume 37 Issue 2 (2006)
Masthead, Volume 37 Issue 2 (2006)
Case Western Reserve Journal of International Law
No abstract provided.
Volume 37 Issue 2 (2006), Cwru Journal Of International Law
Volume 37 Issue 2 (2006), Cwru Journal Of International Law
Case Western Reserve Journal of International Law
No abstract provided.
Federalism, Peter H. Schuck
Federalism, Peter H. Schuck
Case Western Reserve Journal of International Law
No abstract provided.