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Journal

1997

International law

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Institution
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Articles 1 - 30 of 40

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Bolivia And Coca: Law, Policy, And Drug Control, Melanie R. Hallums Oct 1997

Bolivia And Coca: Law, Policy, And Drug Control, Melanie R. Hallums

Vanderbilt Journal of Transnational Law

International drug trafficking looms large in the future of international relations. Although drug production and consumption can no longer be labeled as problems belonging to a few discrete nations, some countries' identities in the international arena are still shaped by their perception as drug-producing nations. Bolivia is one such country. Coca and cocaine have dominated its modern history and will continue to dominate its future. Bolivia's experience, however, is representative of not only other Andean nations' struggles with the drug epidemic, but of the international community's struggle with drug trafficking.

This Note sheds light on the legal tools to address …


Ecological Theory And International Relations, Dennis Pirages Oct 1997

Ecological Theory And International Relations, Dennis Pirages

Indiana Journal of Global Legal Studies

No abstract provided.


The Globalization Of Public Health: Emerging Infectious Diseases And International Relations, David Fidler Oct 1997

The Globalization Of Public Health: Emerging Infectious Diseases And International Relations, David Fidler

Indiana Journal of Global Legal Studies

In this article, Professor Fidler explains how the processes of

globalization have altered traditional distinctions between national and

international public health. Professor Fidler begins the article by

familiarizing the reader with globalization, reminding the reader that

globalization refers to the various factors that infringe upon a sovereign

state's ability to control what occurs in its territory. Next, the article defines

and discusses emerging infectious diseases (EIDs) and examines the

contributions made by globalization to the emergence and reemergence of

EIDs. The article then develops a "pathology of the globalization of public

health ", which helps the reader to understand better …


The Helms-Burton Act: The Effect Of International Law On Domestic Implementation , W.Fletcher Fairey Apr 1997

The Helms-Burton Act: The Effect Of International Law On Domestic Implementation , W.Fletcher Fairey

American University Law Review

No abstract provided.


A Noble Sacrifice? Jus Ad Bellum And The International Community's Gamble In Chechnya, Peter Daniel Dipaola Apr 1997

A Noble Sacrifice? Jus Ad Bellum And The International Community's Gamble In Chechnya, Peter Daniel Dipaola

Indiana Journal of Global Legal Studies

No abstract provided.


International Law, Human Rights, And Latcrit Theory, Elizabeth M. Iglesias Jan 1997

International Law, Human Rights, And Latcrit Theory, Elizabeth M. Iglesias

University of Miami Inter-American Law Review

No abstract provided.


Eye On The World, Jose E. Alvarez, Virginia A. Gordon Jan 1997

Eye On The World, Jose E. Alvarez, Virginia A. Gordon

Law Quadrangle (formerly Law Quad Notes)

In a special section coinciding with the International Reunion of Law School graduates, Law School graduates who are deeply involved in the globalization of legal practice respond to the question, "If you could leap ahead 10 years, how do you think what you are doing now will change?" And in a thought-provoking prologue, Professor of Law Jose Alvarez and Assistant Dean for International Programs Virginia A. Gordan consider the historical - and historic - impact of Law School graduates from overseas on the legal profession.


Ilsa Journal Of International & Comparative Law, Ilsa Journal Of International & Comparative Law Jan 1997

Ilsa Journal Of International & Comparative Law, Ilsa Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

The arms embargo has deprived Bosnia-Hercegovina of the right of legitimate self-defense. It has caused the destruction of the country, deepened the war and caused genocide.


Ilsa Journal Of International & Comparative Law, Ilsa Journal Of International & Comparative Law Jan 1997

Ilsa Journal Of International & Comparative Law, Ilsa Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

The term self-determination still teeters on the borders of evolving legal precept, expression of political will, and universal human aspiration. The concept never quite settles down into a black letter law pronouncement or a clearly understood political dynamic.


Ilsa Journal Of International & Comparative Law, Ilsa Journal Of International & Comparative Law Jan 1997

Ilsa Journal Of International & Comparative Law, Ilsa Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

In 1969, Congress passed the National Environmental Policy Act (NEPA)' with the objective of causing governmental agencies to consider environmental impact in their decision-making. Questions arose early regarding who had standing to initiate judicial review under the Act, and what the proper scope was for consideration of environmental effects of agency actions.


Hong Kong's Reintegration Into The People's Republic Of China, Anne M. Seibel --Executive Articles Editor, Stacy A. Feld --Editor In Chief Jan 1997

Hong Kong's Reintegration Into The People's Republic Of China, Anne M. Seibel --Executive Articles Editor, Stacy A. Feld --Editor In Chief

Vanderbilt Journal of Transnational Law

Every other year, the Vanderbilt Journal of Transnational Law presents a symposium on a current topic in international law and practice. This year's symposium, "Hong Kong's Reintegration into the People's Republic of China: Constitutional Issues, Policy Approaches & Human Rights Concerns and Economic & Legal Implications, was held at Vanderbilt University School of Law on March 28-29, 1997. Our goal was to provide a forum in which leading authorities on Hong Kong and China could come together and discuss constitutional, human rights, legal, and economic concerns surrounding the reintegration of Hong Kong into China.

The results of this Symposium have …


Anticipating Hong Kong's Constitution From A U.S. Legal Perspective, John M. Rogers Jan 1997

Anticipating Hong Kong's Constitution From A U.S. Legal Perspective, John M. Rogers

Vanderbilt Journal of Transnational Law

This Article explores the possible nature of Hong Kong's Constitution after July, 1997, and discusses alternative ways of interpreting and enforcing the constitution. The author first proposes three definitions for the word "constitution'" (1) how political power is actually "constituted," (2) a written document and (3) a referent for disputes. The author then explains Hong Kong's unusual constitutional status where Hong Kong will be governed under a written constitution the Basic Law. and at the same time, many aspects of the Basic Law will be "guaranteed" by an international agreement, the Joint Declaration. The author proceeds to evaluate the means …


Will Hong Kong Be Successfully Integrated Into China? A Human Rights Perspective, Yu Ping Jan 1997

Will Hong Kong Be Successfully Integrated Into China? A Human Rights Perspective, Yu Ping

Vanderbilt Journal of Transnational Law

This Article explores the human rights forecast following Hong Kong's reintegration into China. The Article first reviews the British human rights record in Hong Kong, and explains why China was angered by last-ditch British political reform. It then explores the legal framework of Hong Kong, including the Sino-British Joint Declaration and the Basic Law of Hong Kong, and concludes that neither offers significant protection for human rights in Hong Kong. In particular, Chinese state security and state secrets laws are likely to be used to suppress political dissidents, journalists, international organizations, and other "foreign elements" in Hong Kong. The Article …


South Africa's 1996 Choice On Termination Of Pregnancy Act, Audrey E. Haroz Jan 1997

South Africa's 1996 Choice On Termination Of Pregnancy Act, Audrey E. Haroz

Vanderbilt Journal of Transnational Law

South Africa's Bill of Rights is one of the most liberal and elaborate in the world. Consequently, South Africa is at the forefront of defining human rights for individuals, especially women. Concurrently, international law is slowly undergoing a reconceptualization of human rights documents and guarantees to define a more definitive, protective, and pro-active body of rights for women.

By upholding the constitutionality of the 1996 Abortion Act, South Africa can define its own Bill of Rights in liberal terms and ensure that the South African Constitution continues to receive a broad interpretation. A welcome result would be the improvement of …


Proposals To Address Germany's Status As A "Land Of Immigration", Anne M. Seibel Jan 1997

Proposals To Address Germany's Status As A "Land Of Immigration", Anne M. Seibel

Vanderbilt Journal of Transnational Law

International law permits each individual State to determine who under its laws are citizens of the nation. Germany's decision at the beginning of this century to adhere to the jus sanguinis model of citizenship continues to shape the country's immigration and citizenship laws. This model predicates citizenship on one's parents rather than one's place of birth. Accordingly, "ethnic Germans" who have returned to Germany since the end of the Cold War era are considered to possess a right to German citizenship. In contrast, naturalization procedures are rigorous for foreign residents, including guestworkers and asylum seekers, many of whom are long-time …


The Informed-Consent Policy Of The International Conference On Harmonization Of Technical Requirements For Registration Of Pharmaceuticals For Human Use: Knowledge Is The Best Medicine, Michelle D. Miller Jan 1997

The Informed-Consent Policy Of The International Conference On Harmonization Of Technical Requirements For Registration Of Pharmaceuticals For Human Use: Knowledge Is The Best Medicine, Michelle D. Miller

Cornell International Law Journal

No abstract provided.


Neither Free Nor Fair: The 1996 Bosnian Elections And The Failure Of The U.N. Election-Monitoring Mission, Christopher A. Riley Jan 1997

Neither Free Nor Fair: The 1996 Bosnian Elections And The Failure Of The U.N. Election-Monitoring Mission, Christopher A. Riley

Vanderbilt Journal of Transnational Law

The international community faced a difficult challenge after the Dayton Peace Accords ended the civil war in Bosnia. Free and fair elections became an essential component to establishing a democratic government in the war-torn country. The United Nations and the Organization for Security and Cooperation in Europe responded by carrying out Annex 3 of the Peace Accords, which called for such elections. The resultant election-monitoring mission in Bosnia, however, was unsuccessful The elections were held under improper conditions. Therefore, the Bosnian people lack confidence in the democratic process, which is necessary for long-term democracy.


... And Justice For All: Normative Descriptive Frameworks For The Implementation Of Tribunals To Try Human Rights Violators, Gautam Rana Jan 1997

... And Justice For All: Normative Descriptive Frameworks For The Implementation Of Tribunals To Try Human Rights Violators, Gautam Rana

Vanderbilt Journal of Transnational Law

With the formation of the Bosnian and Rwandan War Crimes Tribunals, the international community has created a mechanism for the enforcement of human rights law for the first time since the Nuremburg and Tokyo War Trials. The efficacy of these tribunals, however, is in doubt. This Note proposes that only a few human rights are truly universal in nature and can be guaranteed by the international community. Furthermore, the political realities of the international system precludes the use of international tribunals against the more powerful nations of the international community. The Note concludes that by focusing on the human rights …


International Law In Mexican Courts, Jorge Cicero Jan 1997

International Law In Mexican Courts, Jorge Cicero

Vanderbilt Journal of Transnational Law

Recognizing the increasing importance of international law in Mexico, this Article addresses the actual and potential uses of international law in Mexican courts. The Article reviews the ways in which the Mexican system already ensures the judicial consideration of international undertakings, as well as areas of possible improvements. The Article first considers the role and status of international law in the Mexican legal order, including the domestic status of international treaties and agreements, as well as the interaction between national and international norms. Next, the Article focuses on ways to ensure the consideration of international legal questions by Mexico's high …


Current Illegitimacy Of International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith, Iii Jan 1997

Current Illegitimacy Of International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith, Iii

Fordham Law Review

No abstract provided.


Filartiga's Firm Footing: International Human Rights And Federal Common Law, Ryan Goodman, Derek P. Jinks Jan 1997

Filartiga's Firm Footing: International Human Rights And Federal Common Law, Ryan Goodman, Derek P. Jinks

Fordham Law Review

No abstract provided.


Observing The Rules Of Law: Experiences From Northern Ireland, Angela Hegarty Jan 1997

Observing The Rules Of Law: Experiences From Northern Ireland, Angela Hegarty

Fordham Law Review

No abstract provided.


Anti-Personnel Mines And Peremptory Norms Of International Law: Argument And Catalyst, R. J. Araujo Jan 1997

Anti-Personnel Mines And Peremptory Norms Of International Law: Argument And Catalyst, R. J. Araujo

Vanderbilt Journal of Transnational Law

Anti-personnel mines have evolved into the military device of choice in many regional conflicts across the world. The author commences his analysis of this development by considering the impact of anti-personnel mines on civilian populations and the reasons historically articulated for their use. After evaluating their relative costs and benefits, the author proceeds to analyze the problem of anti-personnel mines under the principles of international law. First, the author considers legal principles regarding the permissible use of force by combatants, generally referred to as jus in bello. Next, the author evaluates the use of anti-personnel mines under jus in bello …


Peace And The Press: Media Rules During U.N. Peacekeeping Operations, Jennifer Lee Jan 1997

Peace And The Press: Media Rules During U.N. Peacekeeping Operations, Jennifer Lee

Vanderbilt Journal of Transnational Law

In recent years, U.N. peacekeeping operations have become an increasing focus of international military action and media coverage. While the military and the media have maintained a precarious balance in the United States between the military's objective of operational success and the media's call for uncensored reporting, the evolution and growing importance of U.N. peacekeeping offers new considerations to this balance. This Note examines the ability of the United Nations to affect the balance between the military and the media through the implementation of U.N. media rules during peacekeeping operations. This Note begins by reviewing the history of media coverage …


Preface, Laurelyn E. Douglas Jan 1997

Preface, Laurelyn E. Douglas

Vanderbilt Journal of Transnational Law

The symposium, HONG KONG'S REINTEGRATION INTO THE PEOPLE'S REPUBLIC OF CHINA: CONSTITUTIONAL ISSUES, POLICY APPROACHES & HUMAN RIGHTS CONCERNS, AND ECONOMIC & LEGAL IMPLICATIONS, was held at the Vanderbilt University School of Law on March 28-29. 1997. Featuring presentations by diverse speakers from a variety of places and perspectives, the symposium addressed a broad range of issues. Topics ranged from comparative constitutional law to human rights and practical business concerns. While differences emerged, it was clear that fully understanding any one area requires knowledge of the others: the viability of markets may well depend upon the validity of documents proclaiming …


Women's Rights In International Law, Valerle A. Dormady Jan 1997

Women's Rights In International Law, Valerle A. Dormady

Vanderbilt Journal of Transnational Law

This Note contains a detailed review of state responses to the Platform for Action produced at the United Nations' Fourth World Conference on Women. The Author finds that this consensus was reached on most of the proposals outlined in the Platform for Action. Certain proposals, however, regarding reproductive and Inheritance issues, were subject to a great deal of dispute during the drafting of the Platform for Action, and many countries ultimately registered reservations as to these proposals. While the news reports of the Fourth World Conference on Women focused on the lobbying activities of both Islamic countries and Catholic countries, …


Human Rights Genealogy, Ruti Teitel Jan 1997

Human Rights Genealogy, Ruti Teitel

Fordham Law Review

No abstract provided.


Protecting Human Rights Through A Constitutional Court: The Case Of South Africa, Brice Dickson Jan 1997

Protecting Human Rights Through A Constitutional Court: The Case Of South Africa, Brice Dickson

Fordham Law Review

No abstract provided.


Foreword: Human Rights And Non-Governmental Organizations On The Eve Of The Next Century, Michael Posner Jan 1997

Foreword: Human Rights And Non-Governmental Organizations On The Eve Of The Next Century, Michael Posner

Fordham Law Review

No abstract provided.


Asia's Activists And The Future Of Human Rights, Dinah Pokempner Jan 1997

Asia's Activists And The Future Of Human Rights, Dinah Pokempner

Fordham Law Review

No abstract provided.