Digital Commons Network^™

U.N. Reform And The International Court Of Justice: Introductory Statement, Ambassador Andrew Jacovides

ILSA Journal of International & Comparative Law

It is customary during anniversaries to devote some attention to introspection and stock taking. Looking back at my own writings on the subject of U.N. reform (during the fortieth, the fiftieth and now the sixtieth anniversary in 1985, 1995 and this year), I confirmed my long held conviction that the United Nations is indispensable and its Charter, in its basic provisions, has stood the test of time.

Is International Law A Threat To Democracy: Framing The Question, Andrew Strauss

ILSA Journal of International & Comparative Law

I'm Andrew Strauss and welcome to our panel: "Is International Law a Threat to Democracy?" We are lucky this afternoon to have with us a very esteemed and ideologically diverse panel.

On The Uneasy Relation Between International Law And Democracy, Carol C. Gould

ILSA Journal of International & Comparative Law

The question we are asked to address is as follows: "Is international law a threat to democracy?" As a political philosopher, my inclination is to suggest that the answer requires clarifying at the outset the sense in which we are using each of the main terms here.

Hate Speech Under The American Convention On Human Rights, Eduardo Bertoni

ILSA Journal of International & Comparative Law

Good morning and thank you for inviting me to participate in this conference. Today I would like to address a very important and novel topic in the Americas-the issue of hate speech.

Political Conflict And Freedom Of Expression In Venezuela, Ambassador Bernardo Alvarez Herrera

ILSA Journal of International & Comparative Law

Good morning. Thank you for inviting me to speak on this important subject. First off, let me start by saying that contrary to popular belief, the freedom of expression and the press are alive and well in Venezuela.

Connecticut And International Law, Houston Putnam Lowry

ILSA Journal of International & Comparative Law

Most states within the United States do not consider international law in their legislative process.

Compliance Assessment And Compliance Enforcement: The Challenge Of Nuclear Noncompliance, Dr. Christopher A. Ford

ILSA Journal of International & Comparative Law

Good morning. The question posed for this panel, about the relationship between weapons of mass destruction (hereinafter "WMD") related noncompliance findings and what you have tactfully described as exceptional actions by states acting together or acting unilaterally, is a provocative and important one.

The Importance Of Customary International Law During Armed Conflict, Jordan J. Paust

ILSA Journal of International & Comparative Law

Customary international law is universal in its reach.

Nulclear Non-Proliferation And Unique Issues Of Compliance, Gustavo R. Zlauvinen

ILSA Journal of International & Comparative Law

Christopher Ford just spoke about compliance assessment and compliance enforcement, which are two concepts very inter-related and essential to non- proliferation.

The Role Of International Arbitrators, Susan D. Franck

ILSA Journal of International & Comparative Law

With the advent of the global economy, arbitration has become the preferred mechanism for resolving international disputes. Today international arbitrators resolve billions of dollars worth of disputes.

American Wartime Values In Historical Perspective: Full-Employment Mobilization Or Business As Usual, Timothy A. Canova

ILSA Journal of International & Comparative Law

September 1 1th ushered in a period of existential doubt for many Americans, raising questions about why we are hated, what are our values, and what, if anything, should change.

Presidential Authority And The War On Terror, Joseph W. Dellapenna

ILSA Journal of International & Comparative Law

I]t is an established fact that documents justifying and authorizing the abusive treatment ofdetainees during interrogation were approved and distributed

Listening To The Enemy: The President's Power To Conduct Surveillance Of Enemy Communications During Time Of War, John C. Eastman

ILSA Journal of International & Comparative Law

Ever since the New York Times published classified information in December 2005' about the efforts by the National Security Agency to intercept enemy communications to or from sources in the United States (as authorized by the President in his capacity as Commander-In-Chief), there has been a great hew and cry about the President's "illegal" conduct.

Origins Of The Recent Wars Of Choice And Their Impact On U.S. Global Markets, Ismael Hossein-Zadeh

ILSA Journal of International & Comparative Law

While they may have been immoral, external military operations of past empires often proved profitable and, therefore,justifiable on economic grounds.

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

ILSA Journal of International & Comparative Law

I joined Christie's a little over a year ago as Director of Restitution, coordinating Christie's restitution issues globally.

Redefining Imminence: The Use Of Force Against Threats And Armed Attacks In The Twenty-First Century, Dominika Svarc

ILSA Journal of International & Comparative Law

Contemporary global security threats pose a serious challenge to the existing international legal regime on the use of force.

The Western Response To 9/11, Philip Towle

ILSA Journal of International & Comparative Law

It was politically and strategically unwise for the Bush administration to use the term "war on terror" after 9/11.

The Republic Of Acastus V. The State Of Rubia: The Case Concerning The Elysian Fields, Zabrina Lau, Timothy Parker, Kay Seto, Yvonne Shi, Megan Yeung

ILSA Journal of International & Comparative Law

The Republic of Acastus and the State of Rubria have agreed to submit the present controversy for final resolution by the International Court of Justice ("ICJ") by Special Agreement pursuant to Article 40, Paragraph 1 of the Statute of this Court

Resurrecting "Romantics At War": International Self-Defense In The Shadow Of The Law Of War-Where Are The Borders?, Mohammed Saif-Alden Wattad

ILSA Journal of International & Comparative Law

Rules relating to the use of force are among the traditional concerns of international law.

The Republic Of Acastus V. The State Of Rubia: The Case Concerning The Elysian Fields, Cora Charly Von Der Heide, Jessica Henopp, Sore Jotten, Felix Machts, Torben Spliedt

ILSA Journal of International & Comparative Law

The differences between the Republic of Acastus and the State of Rubria concerning the Elysian Fields have been brought before the International Court of Justice in accordance with Article 40(1) of its statute by notification of the Compromis for Submission to the International Court of Justice of the Differences between the Republic of Acastus (Applicant) and the State of Rubria (Respondent) Concerning the Elysian Fields.

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

ILSA Journal of International & Comparative Law

September 1 1th ushered in a period of existential doubt for many Americans, raising questions about why we are hated, what are our values, and what, if anything, should change.

The Calculus Of Plagiarism: Toward A Contrastive Approach To Teaching Chinese Lawyers, Robin Nilon

South Carolina Journal of International Law and Business

No abstract provided.

Table Of Contents - Issue 1

South Carolina Journal of International Law and Business

No abstract provided.

Why The Ftc Notes Of Interpretation Constitute A Partial Amendment Of Nafta Article 1105, Charles H. Brower Ii

Law Faculty Research Publications

No abstract provided.

A Sign Of "Weakness"? Disrupting Gender Certainties In The Implementation Of Security Council Resolution 1325, Dianne Otto

Michigan Journal of Gender & Law

This Article will examine whether efforts to implement the Resolution suggest new ways to address the old problems: the reliance on stereotyped gender representations to rally women in the cause of peace and the vexed strategic question of how movements for transformative change might influence the mainstream institutions of international law and politics. The first concerns the way that the category of gender is deployed by women's peace activism and by international institutions as they respond to it. The author’s question is whether it is possible to rally women to promote peace, while also challenging the gender dichotomies that underpin …

A New World Of Discovery: The Ramifications Of Two Recent Federal Courts Decisions Granting Judicial Assistance To Arbitral Tribunals, Anna Conley

Anna Conley

No abstract provided.

Addressing Corruption In Development, Matthew Wilburn King

Matthew Wilburn King PhD

Acknowledgement of the detrimental effects of corruption on the development of nations has led to an increasing demand amongst the international public for more transparent and democratic governance structures to combat and prevent corruption in both public and private sectors. Governments and stakeholders in the international community recognize that corruption is a fundamental governance issue that can impede economic growth and human development. Subsequently, corruption has come to the fore in international policy circles. A number of global institutions, such as the World Bank, regional institutions, corporations, and governments have embraced anti-corruption efforts in an attempt to mitigate and prevent …

Neutral Investment Revisited, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

Major Expropriation Case Decided By The Mexican Supreme Court Of Justice, The Due Process Requirement And Its Correlation With International Treaties, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

Responsibility Of Transnational Corporations In International Environmental Law: Three Perspectives, André Nollkaemper

André Nollkaemper

This chapter examines recent developments pertaining to the international responsibility of transnational corporations for activities that may cause harm to the environment. While the position of transnational corporations in international law has been subjected to previous analyses, also in regard to international environmental law, there are reasons for a new consideration of the topic.

First, transnational corporations substantially contribute to the worldwide stress on the environment. Many acts that deplete natural resources, contribute to the depletion of the ozone layer and to climate change, deplete fish stocks, clear-cut forests, move waste across boundaries, and so on, are not performed by …