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Articles 1 - 15 of 15
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Legal Remedies To Collective Trauma In Northern Ireland, Katherine S. Thomas
Legal Remedies To Collective Trauma In Northern Ireland, Katherine S. Thomas
Duke Journal of Comparative & International Law
How can a country legally address collective trauma? Northern Ireland faced this daunting question in 1998, when the signing of the Good Friday Agreement heralded the end of decades of sectarian violence known as the Troubles. More than two decades later, the social and economic damage of the Troubles lingers. Years of piecemeal reconciliation efforts have proved controversial and yielded inconsistent results. The "truth" of the Troubles remains a divisive issue, and the question of how Northern Ireland can achieve lasting reconciliation still looms. This Note offers an up-to-date review of transitional justice efforts in Northern Ireland and the ongoing …
Uncharted Waters: Should International Maritime Terrorism Be Included In The Jurisdiction Of The International Criminal Court?, Juan-Pablo Perez-Leon-Acevedo, Giorgi Chakhvadze
Uncharted Waters: Should International Maritime Terrorism Be Included In The Jurisdiction Of The International Criminal Court?, Juan-Pablo Perez-Leon-Acevedo, Giorgi Chakhvadze
Duke Journal of Comparative & International Law
The International Criminal Court (ICC) lacks jurisdiction over international terrorism. Despite related academic literature, no academic publication discusses whether the ICC should have jurisdiction over international maritime terrorism. This deserves attention due to the increasing importance of this global phenomenon in the last few decades. Consequently, this Article considers whether international maritime terrorism should be included in the ICC’s jurisdiction. First, it discusses international maritime terrorism as a manifestation of the emerging international crime of international terrorism, examining i) whether there is an accepted or an emerging legal definition of international maritime terrorism, ii) whether international maritime terrorism is a …
Ivf Battles: Legal Categories And Comparative Tales, Daphne Barak-Erez
Ivf Battles: Legal Categories And Comparative Tales, Daphne Barak-Erez
Duke Journal of Comparative & International Law
Coupled with modern reproductive technologies, the ancient desire for parenthood has led to novel legal challenges. This essay discusses landmark cases addressing those challenges. At the outset, it distinguishes between two litigation paradigms in this area—termed “horizontal” and “vertical.” Horizontal controversies involve private parties who have different aspirations regarding a joint parenthood project (e.g., between two partners who began an IVF procedure and later disagree whether to complete the process). In contrast, vertical controversies concern clashes between an individual (or individuals) and the state, such as when the state or one of its authorities does not allow the individual to …
Captive Or Criminal?: Reappraising The Legal Status Of Ira Prisoners At The Height Of The Troubles Under International Law, Samantha Anne Caesar
Captive Or Criminal?: Reappraising The Legal Status Of Ira Prisoners At The Height Of The Troubles Under International Law, Samantha Anne Caesar
Duke Journal of Comparative & International Law
For the citizens of Ireland and Great Britain, the second half of the twentieth century represents a period of great political struggle. The historical debate concerns the constitutional status of Northern Ireland; that is, whether the six northeastern most counties on the emerald isle belong to Ireland or to the United Kingdom. The late 1960s through the early 1990s is referred to commonly as “The Troubles,” a time rife with political struggle, violence, and reactionary laws aimed at restricting civil liberties in the name of security. One topic of contention during this era relates to the political status of prisoners …
Independence In Europe: Secession, Sovereignty, And The European Union, Christopher K. Connolly
Independence In Europe: Secession, Sovereignty, And The European Union, Christopher K. Connolly
Duke Journal of Comparative & International Law
No abstract provided.
A Proposed Framework For Resolving The Transfer Pricing Problem: Allocating The Tax Base Of Multinational Entities Based On Real Economic Indicators Of Benefit And Burden, Glen Rectenwald
Duke Journal of Comparative & International Law
No abstract provided.
Banking On Cooperation: The Role Of The G-20 In Improving The International Financial Architecture, Arie C. Eernisse
Banking On Cooperation: The Role Of The G-20 In Improving The International Financial Architecture, Arie C. Eernisse
Duke Journal of Comparative & International Law
No abstract provided.
Testing The Legitimacy Of The Joint Criminal Enterprise Doctrine In The Icty: A Comparison Of Individual Liability For Group Conduct In International And Domestic Law, Caroline H. Gibson
Testing The Legitimacy Of The Joint Criminal Enterprise Doctrine In The Icty: A Comparison Of Individual Liability For Group Conduct In International And Domestic Law, Caroline H. Gibson
Duke Journal of Comparative & International Law
No abstract provided.
Defendant Class Actions And The Right To Opt Out: Lessons For Canada From The United States, Vince Morabito
Defendant Class Actions And The Right To Opt Out: Lessons For Canada From The United States, Vince Morabito
Duke Journal of Comparative & International Law
No abstract provided.
Encryption’S Importance To Economic And Infrastructure Security, F. Lynn Mcnulty
Encryption’S Importance To Economic And Infrastructure Security, F. Lynn Mcnulty
Duke Journal of Comparative & International Law
No abstract provided.
From Patchwork To Network: Strategies For International Intellectual Property In Flux, Paul Edward Geller
From Patchwork To Network: Strategies For International Intellectual Property In Flux, Paul Edward Geller
Duke Journal of Comparative & International Law
No abstract provided.
The Primacy Of Democracy Over Natural Law In Irish Abortion Law: An Examination Of The C Case, Amy M. Buckley
The Primacy Of Democracy Over Natural Law In Irish Abortion Law: An Examination Of The C Case, Amy M. Buckley
Duke Journal of Comparative & International Law
No abstract provided.
Ratings Games With Contingent Transfer: A Structured Finance Illusion, Petrina R. Dawson
Ratings Games With Contingent Transfer: A Structured Finance Illusion, Petrina R. Dawson
Duke Journal of Comparative & International Law
No abstract provided.
Averting Armageddon: Preventing Nuclear Terrorism In The United States, Barry L. Rothberg
Averting Armageddon: Preventing Nuclear Terrorism In The United States, Barry L. Rothberg
Duke Journal of Comparative & International Law
No abstract provided.
Céad Míle Fáilte? Ireland Welcomes Divorce: The 1995 Irish Divorce Referendum And The Family (Divorce) Act Of 1996, Christine P. James
Céad Míle Fáilte? Ireland Welcomes Divorce: The 1995 Irish Divorce Referendum And The Family (Divorce) Act Of 1996, Christine P. James
Duke Journal of Comparative & International Law
No abstract provided.