Digital Commons Network^™

Exercising Environmental Human Rights And Remedies In The United Nations System, Linda A. Malone, Scott Pasternack

William & Mary Environmental Law and Policy Review

No abstract provided.

The Investigation And Prosecution Of White-Collar Crime: International Challenges And The Legal Tools Available To Address Them, Thomas G. Snow

William & Mary Bill of Rights Journal

No abstract provided.

Peoples Divided: The Application Of United States Constitutional Protections In International Criminal Law Enforcement, Ian R. Conner

William & Mary Bill of Rights Journal

In an age of globalization, criminal activity too has become internationalized. The response from the United States and other countries has been a growing number of treaties, international accords, and multinational law enforcement programs. This Note addresses the extent to which these international agreements have impacted the rights of the accused both in the United States and abroad

Restraining U.S. Violations Of International Law: An Attempt To Curtail Stun Belt Use And Manufacture In The United States Under The United Nations Convention Against Torture, Plamen Russev

Georgia State University Law Review

No abstract provided.

International Corporate Governance Practices And Their Implications On Investors, Namwandi Hamanyanga

LLM Theses and Essays

Corporate governance has become a bonafide subset of company’s law that is concerned with who directs the company and for whose benefit. Its application varies in countries found in the main legal jurisdictions of common and civil law. This thesis identifies these differences by highlighting national corporate governance systems existing in Germany, Japan, United Kingdom and United States. Together, these countries represent systems adopted by several countries located on all continents. Increased cross border investment in this era of globalization has been significantly affected by these governance systems. The thesis shows the reasons why investors, multinational corporations and nations have …

The Case Of The Foreign Lawyer: Internationalizing The U.S. Legal Profession, Carole Silver

Carole Silver

This article contriubtes a new perspective to existing scholarship on internationalization of the legal profession by focusing on the increasing presence of foreign lawyers in U.S. law schools and law firms. It analyzes the interaction between foreign-educated lawyers and the legal profession in the U.S. based upon two sources of information: first, a series of interviews with foreign-educated lawyers and U.S. law firm hiring partners regarding experiences in law school and in firms, and second, a database comprised of biographical information for more than 300 foreign-educated lawyers who were working in New York during 1999 and 2000. The various roles …

The E-C Sardines Case: How North-South Ngo-Government Links Benefited Peru, Gregory C. Shaffer, Victor Mosoti

Gregory C Shaffer

No abstract provided.

Introduction: Symposium 2002: Rio + 10: Preparing For The Earth's Environmental Future Today, Brian C. Athey

William & Mary Environmental Law and Policy Review

No abstract provided.

A Community Of Courts: Toward A System Of International Criminal Law Enforcement, William W. Burke-White

All Faculty Scholarship

No abstract provided.

Multinational Corporations Facing The Varying Concepts Of Jurisdiction : "Forum Non-Conveniens", Contrasts Between The Anglo-American And The European Law Systems, Sandrine Buttin

LLM Theses and Essays

This thesis compares the rules of jurisdiction applicable to multinational corporations within two legal systems. The Anglo-American system favors forum non conveniens, whereas, the European applies European Regulation (EC) No. 44/2001. The difference between the two approaches permits litigants to practice forum shopping. The focus of the paper is to give an overview of the two approaches and to contrast them.

The Legal Frontiers Of Gender-Based Violence, Persecution, And Discrimination, Linda A. Malone

Popular Media

No abstract provided.

Treaties In Collision: The Biosafety Protocol And The World Trade Organization Agreements, Sabrina Safrin

Rutgers Law School (Newark) Faculty Papers

In the event of a conflict between the requirements of the Biosafety Protocol, a multilateral agreement governing the trade in genetically modified organisms, and the requirements of the General Agreement on Tariffs and Trade and associated agreements (collectively WTO Agreements), which treaty's requirements prevail? This question lies as the legal heart of the perceived conflict between trade globalization and environmental protection. This issue is particularly timely given the present trade dispute between the United States and European Union over the European Union’s restrictions on the importation of genetically modified agricultural commodities.

In this piece, I analyze the relationship between these …

Justice Unconceived: How Posterity Has Rights, Aaron-Andrew P. Bruhl

Faculty Publications

No abstract provided.

Feist Goes Global: A Comparative Analysis Of The Notion Of Originality In Copyright Law, Daniel J. Gervais

Daniel J Gervais

he 1991 U.S. Supreme Court decision in Feist Publications v. Rural Telephone Service Company, Inc. delivered was hailed both as a landmark decision and a legal bomb. Was Feist so original as to deserve all the attention? After all, it did not establish a new originality paradigm as such but only ended a long division among federal circuits concerning the protection under copyright of factual compilations. A number of circuits had adopted a test similar to the one articulated in Feist (i.e., based on creative selection), while others required only evidence of labor, a test known as sweat of the …

Book Review: Sources Of State Practice In International Law, Anne E. Burnett

Articles, Chapters and Online Publications

Book review of SOURCES OF STATE PRACTICE IN INTERNATIONAL LAW, by Ralph Gaebler and Maria Smolka-Day, eds. (Ardsley, NY: Transnational, 2002).

Current Problems Of International Taxation Of Electronic Commerce, Nuran G. Kerimov

LLM Theses and Essays

This thesis discusses the main problems that face tax authorities of many countries in the process of taxation of electronic commerce. It analyzes examples of problems posed by the growth of e-commerce in the context international direct and indirect taxation. Current international policy issues are the subject of discussion of the thesis. The thesis also analyzes some of the proposals regarding taxation of electronic commerce.

The Right To Freedom Of Religion Vis A Vis Religious Intolerance In The New Millennium, Buihe P. Okenu

LLM Theses and Essays

The right to freedom of religion has come to limelight with the increase in religious violence and intolerance. With the multiplicity of religions, there tends to be an increase in conflicts. Protection of religion as well as protection from religion has become a dire necessity, if there is to be peace in our world today. Individual religious rights as well as group rights and religious minority rights need to be addressed. There is need for a convention on religion, which will have binding and legal effect on all nations. The issue of the enforcement of the right to freedom of …

International Law As Fundamental Justice: James Brown Scott, Harold Hongju Koh, And The American Universalist Tradition Of International Law, Mark Weston Janis

Saint Louis University Law Journal

No abstract provided.

Harmony And Diversity In Global Patent Law, John F. Duffy

Faculty Publications

The second half of the twentieth century saw the rise of a broad movement to harmonize patent laws across nation-states. The most recent, and most significant, manifestation of this movement is the 1994 TRIPS Agreement, which requires signatory nations to adopt uniform rules on many major issues of patent law. The TRIPS Agreement has now been implemented by well over one hundred countries, including almost all major industrial nations, and it heralds a new level of international uniformity in patent law.

This Article, while acknowledging the value of some harmonization of national law , explores the possible costs of the …

International Decisions. European Communities -- Measures Affecting Asbestos And Asbestos-Containing Products, David A. Wirth

David A. Wirth

No abstract provided.

The Validity Of Some Coerced Treaties In The Early 20th Century: A Reconsideration Of The Japanese Annexation Of Korea In Legal Perspective, Young K. Kim

Young K Kim

In making the Treaty of Basic relations of 1965, Korean and Japanese Government have technically evaded the issue of validity of Japanese annexation of Korea 1910. The annexation treaty and other related four quasi-treaties should be thoroughly analyzed. It is subjected that the 1905 Protectorate Treaty is to be concluded as invalid from the outset, on the grounds that it was made under coercion applied to State representatives of Korea. Judging from all evicences and related historical facts, it seems quite obvious that coercion had been employed against the State representatives and the Head of State in making the Annexation …

Review Of Giving Meaning To Economic, Social, And Cultural Rights, Edited By Isfahan Merali & Valerie Oosterveld, Intisar Rabb Phd

Intisar A. Rabb

No abstract provided.

Managing U.S.-Eu Trade Relations Through Mutual Recognition And Safe Harbor Agreements: 'New' And 'Global' Approaches To Transatlantic Economic Governance, Gregory C. Shaffer

Gregory C Shaffer

No abstract provided.

The Public And The Private In International Trade Litigation, Gregory C. Shaffer

Gregory C Shaffer

No abstract provided.

The Evolving Jurisprudence Of The European Court Of Human Rights And The Protection Of Religious Minorities, Peter G. Danchin, Lisa Forman

Faculty Scholarship

No abstract provided.

External Monitoring And The International Protection Of Freedom Of Religion Or Belief, Peter G. Danchin

Faculty Scholarship

No abstract provided.

Religion, Religious Minorities And Human Rights: An Introduction, Peter G. Danchin

Faculty Scholarship

No abstract provided.

"Artillery Lends Dignity To What Otherwise Would Be A Common Brawl": An Essay On Post-Modern Warfare And The Classification Of Captured Adversaries, Ralph Michael Stein

Elisabeth Haub School of Law Faculty Publications

This essay allows the writer to enter a fluid fray being played out almost day-by-day in the media and, of course, where it counts: in the administration of President George W. Bush. Conscious of the ebbs and drifts of both the current debates and desperately anxious not to be preempted by the march of a swiftly moving time frame, this essay suggests an approach to U.S. integration of generally accepted rules for the treatment of POWs that will advance both the war on terrorism and America's need to embrace the reality of the globalization of humanistic mores and notions about …

Cluster Bombs Over Kosovo: A Violation Of International Law?, Thomas Michael Mcdonnell

Elisabeth Haub School of Law Faculty Publications

As the United States continues to fight a war against private terror organizations, we and our coalition partners must avoid resorting to terror ourselves, lest our moral and legal standing be undermined. Both in Afghanistan and in Kosovo, the United States employed a weapon that violates the spirit if not the letter of humanitarian law. That weapon, the cluster bomb, unduly endangers and terrorizes civilians. Although focusing primarily on NATO's use of this weapon in Serbia and its Kosovo province, the thesis of this Article also applies to the United States' employing cluster bombs in our war in Afghanistan, a …

The Fourth Annual Grotius Lecture: Five Wars Of Globalization, Moisés Naím

American University International Law Review

No abstract provided.