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Articles 1 - 30 of 64
Full-Text Articles in Entire DC Network
State Action And Corporate Human Rights Liability, Curtis A. Bradley
State Action And Corporate Human Rights Liability, Curtis A. Bradley
Notre Dame Law Review
No abstract provided.
Alien Tort Statute And Federal Common Law: A New Approach, Ingrid Wuerth
Alien Tort Statute And Federal Common Law: A New Approach, Ingrid Wuerth
Notre Dame Law Review
No abstract provided.
Requiring Exhaustion: An International Law Perspective Of The Alien Tort Claims Act In Sarei V. Rio Tinto, Steffanie Bevington
Requiring Exhaustion: An International Law Perspective Of The Alien Tort Claims Act In Sarei V. Rio Tinto, Steffanie Bevington
Golden Gate University Law Review
This Note will analyze the opinion of the three-judge panel of the Ninth Circuit regarding exhaustion of local remedies in Sarei. The panel majority concluded that the court could not read an exhaustion requirement into the ATCA "where Congress has declined to do so, and in an area of international law where the Supreme Court has called for the exercise of judicial caution rather than innovation." The Ninth Circuit has granted en banc rehearing in Sarei, and the matter remained pending as this Note went to press. However, regardless of whether the en banc panel can or should read an …
Justice For Rwanda: Toward A Universal Law Of Armed Conflict, Heather Alexander
Justice For Rwanda: Toward A Universal Law Of Armed Conflict, Heather Alexander
Golden Gate University Law Review
Section I of this Comment provides a history of the Rwandan armed conflict and a description of the laws of armed conflict. It focuses on the basic laws of armed conflict, the Geneva Conventions and Additional Protocols, and describes how these laws have been interpreted by the ICTY and ICTR. Section II addresses the classification of the Rwandan armed conflict as a non-international conflict. This section discusses Ugandan support for the invading Rwandan Patriotic Front ("hereinafter RPF") and the murder of ten Belgian U.N. peacekeepers by Rwandan troops. The Section proposes changing the definition of an international conflict, thereby strengthening …
Unequal Treatment Of United States Citizens: Eroding The Constitutional Safeguards, Irma Alicia Cabrera Ramirez
Unequal Treatment Of United States Citizens: Eroding The Constitutional Safeguards, Irma Alicia Cabrera Ramirez
Golden Gate University Law Review
This comment examines the unequal treatment of United States citizens who are labeled enemy combatants by looking at the factual and procedural background of Padilla, Hamdi and Lindh. Next, this comment examines the origins of the label enemy combatant and the constitutional safeguards afforded to criminal defendants in similar situations as Padilla, Hamdi,and Lindh. The terrorist acts Padilla, Hamdi, and Lindh are accused of involve international laws. Therefore, this comment will examine the Geneva Conventions as a means to understand humanitarian protections that may cover Padilla and Hamdi. Finally, this comment will provide recommendations for some of the issues raised.
Jurisdiction, Terrorism And The Rule Of International Law, Sompong Sucharitkul
Jurisdiction, Terrorism And The Rule Of International Law, Sompong Sucharitkul
Golden Gate University Law Review
In October 2001, approximately one month after the September 11 terrorist attacks in the United States, Golden Gate University Law Professor Sompong Sucharitkul spoke to the students of Golden Gate University and others on the topic of jurisdiction, terrorism and the rule of international law. The following is an excerpt from the speech given by Golden Gate University Law Professor Sompong Sucharitkul.
Extraterritorial Jurisdiction: A Step Towards Eradicating The Trafficking Of Women Into Greece For Forced Prostitution, Vicki Trapalis
Extraterritorial Jurisdiction: A Step Towards Eradicating The Trafficking Of Women Into Greece For Forced Prostitution, Vicki Trapalis
Golden Gate University Law Review
The purpose of this article is to provide a survey of the international law instruments presently in existence to combat trafficking of women for forced prostitution. This article will develop suggestions for more effective implementation of existing international obligations. Specifically, this article proposes extraterritorial jurisdiction as an opportunity for international cooperation.
International Investment, Expropriation And Environmental Protection, J. Martin Wagner
International Investment, Expropriation And Environmental Protection, J. Martin Wagner
Golden Gate University Law Review
After a brief description of the relationship between foreign investment and the environment in Part II, the Article will describe the protection against expropriation provided by international agreements, briefly discussing bilateral investment agreements and then detailing the protection provided by NAFTA and the MAI in Part III. Part IV will then describe the challenges to environmental laws that have been brought under NAFTA's investment chapter. Next, Part V will examine the treatment of indirect expropriation under U.S. and international law. Part VI will demonstrate that, under NAFTA and international expropriation and environmental law, environmental measures should not normally give rise …
The Nature Of A Passport At The Intersection Of Customary International Law And American Judicial Practice, Richard A.C. Alton, Jason Reed Struble
The Nature Of A Passport At The Intersection Of Customary International Law And American Judicial Practice, Richard A.C. Alton, Jason Reed Struble
Annual Survey of International & Comparative Law
In order to fully develop the argument that the DHS’s confiscation and impoundment of passports is a violation of customary international law, we begin by examining the history of a passport and its treatment in the international community. Next, we survey general principles of customary international law and analyze German case law holding that one State’s confiscation or impounding of a valid foreign passport constitutes an encroachment upon the passport jurisdiction of the foreign State issuing the documents which is impermissible under customary international law. Thereafter, we discuss case law where courts avoided addressing the international implications of passport seizures. …
Lnternational Law As Law, Sompong Sucharitkul
Lnternational Law As Law, Sompong Sucharitkul
Annual Survey of International & Comparative Law
No abstract provided.
The International Criminal Court: Challenges And Prospects, Annual Lecture On Human Rights And Global Justice, Center For International Law And Justice (Cilj), Akua Kuenyehia
Florida A & M University Law Review
No abstract provided.
Realizing The International Human Right To Health: The Challenge Of For-Profit Health Care, Eleanor D. Kinney
Realizing The International Human Right To Health: The Challenge Of For-Profit Health Care, Eleanor D. Kinney
West Virginia Law Review
No abstract provided.
The Classification Of Hezbollah In Both International And Non-International Armed Conflicts, Catherine Bloom
The Classification Of Hezbollah In Both International And Non-International Armed Conflicts, Catherine Bloom
Annual Survey of International & Comparative Law
The 2006 conflict between Hezbollah and Israel questions an important, yet unclear part of international humanitarian law. Specifically, what would Hezbollah' s legal classification be if another armed conflict were to arise between Israel and Lebanon? Would Hezbollah be considered a State or non-State actor? If Hezbollah is a non-State actor, would the group be considered "guerrillas"? Would the term "mercenary" be a better fit? In attempting to answer some of these questions, we must first look at what exactly occurred between Israel and Lebanon in the summer of 2006. Second, we must understand who Hezbollah is and how the …
Universal Human Rights: A Generational History, Eric Engle
Universal Human Rights: A Generational History, Eric Engle
Annual Survey of International & Comparative Law
Human rights are universal. Not in the sense of being the same positive laws, at all times and places, but rather as being aspirational goals, at all times and places, and also as containing core values which are indeed universal, such as the right to life (no irrational deprivation of life). Histories of human rights usually propose that the concept has evolved through at least three separate historical waves. This historical account, while roughly accurate, must be clarified as a theoretical construction which corresponds only partially to the historical reality: the rights of women and of non-white persons, in fact, …
The International Criminal Court: Bottlenecks To Individual Criminal Liability In The Rome Statute, Remigius Oraeki Chibueze
The International Criminal Court: Bottlenecks To Individual Criminal Liability In The Rome Statute, Remigius Oraeki Chibueze
Annual Survey of International & Comparative Law
This paper highlights some of the inherent bottlenecks in the exercise of ICC jurisdiction that may diminish the Court's ability to uphold the principle of individual criminal liability. In particular, this paper will analyze the principle of complementarity between the ICC and States Parties to the ICC Statute. Additionally, the legality of the so called Article 98 Immunity Agreement will be discussed. This paper without equivocation contends that the conclusion of Article 98 immunity agreement by ICC States Parties is a clear violation of their obligation to cooperate with the Court and to arrest and surrender suspects to the Court. …
Legal Standards Governing Pre-Emptive Strikes And Forcible Measures Of Anticipatory Self-Defense Under The U.N. Charter And General International Law, Olumide K. Obayemi
Legal Standards Governing Pre-Emptive Strikes And Forcible Measures Of Anticipatory Self-Defense Under The U.N. Charter And General International Law, Olumide K. Obayemi
Annual Survey of International & Comparative Law
The thesis of this article argues that while the use of preemptive military strikes, now adopted by the United States against non-state actors and rogue states, appears to be justified under international law, such a military exercise must be subject to well defined and clearly stated international legal rules.
A Right To Democracy In International Law: Its Implications For Asia, Same Varayudej
A Right To Democracy In International Law: Its Implications For Asia, Same Varayudej
Annual Survey of International & Comparative Law
This paper will first look at the traditional concept of sovereignty and the undemocratic features of traditional international law. It will then discuss the development of democratic governance in the United Nations and regional international organisations, as well as the pro-democratic interventions in international law. Moreover, the paper will critically analyse the recent claims by prominent international legal scholars that a "right to democracy" is now emerging in international law and that all communities are entitled to democratic rules of governance. It will then consider whether, and to what extent, the notion of democratic entitlement has crystallised into a customary …
Applicable Law In International Terrorist Threats And Attacks And The Consequences Of Error In Personam, Somcharti Sucharitkul
Applicable Law In International Terrorist Threats And Attacks And The Consequences Of Error In Personam, Somcharti Sucharitkul
Annual Survey of International & Comparative Law
The objective of this paper is neither to reiterate the diversity of definitions nor to corroborate a particular position on the concept of international terrorism but to facilitate the search for the definition of international terrorism, which seems to be of immediate and urgent priority in the context of 21 st century globalization. In my attempt to identify the contemporary core terrorist threat, I will first focus on a model of distinction based on the applicable law in Part I. I will discuss why this model is appropriate and compatible with the trends of international law dealing with international terrorism. …
Fighting The War On Terrorism With The Legal System: A Defense Of Military Commissions, Jessica Erin Tannenbaum
Fighting The War On Terrorism With The Legal System: A Defense Of Military Commissions, Jessica Erin Tannenbaum
Annual Survey of International & Comparative Law
In early 2002, the United States began transporting prisoners captured in Afghanistan to the naval base at Guantanamo Bay. Almost immediately, an uproar broke out over the detention of prisoners there. The United States was, and continues to be, almost universally criticized by the international community for its handling of the prisoners at Guantanamo Bay. The most common criticisms are of the detention of accused terrorists without charges and the indefinite detention of non-citizens certified as dangers to national security as authorized by the USA PATRIOT Act. Although all of the issues regarding the detention of prisoners in the War …
The International Legal Standards Adopted To Stop The Participation Of Children In Armed Conflicts, Joseph N. Madubuike-Ekwe
The International Legal Standards Adopted To Stop The Participation Of Children In Armed Conflicts, Joseph N. Madubuike-Ekwe
Annual Survey of International & Comparative Law
The aim of this paper is to discuss the participation of children in armed conflicts around the world and the various international legal standards adopted to stop it. The paper will first describe the factors that contribute to the involvement of children in armed conflicts. It will examine the relevant international armed conflict (humanitarian) laws and other legal standards governing the use of children in armed conflicts and their effectiveness. The paper will also discuss the United States position on the Global efforts to ban the use of children in armed conflicts. Finally, the paper will discuss the problems of …
Enforcement Of International Human Rights By Domestic Courts In The United States, M. Shah Alam
Enforcement Of International Human Rights By Domestic Courts In The United States, M. Shah Alam
Annual Survey of International & Comparative Law
The U.S. Constitution, Article VI provides that " ... all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding." On the other hand, the U.S. Supreme Court has ruled that customary international law is "part of our law, and must be ascertained and administered by the courts of justice of appropriate jurisdiction, as often as questions of right depending upon it are duly …
Taiwan's Status In A Changing World: United Nations Representation And Membership For Taiwan, Eric Ting-Lun Huang
Taiwan's Status In A Changing World: United Nations Representation And Membership For Taiwan, Eric Ting-Lun Huang
Annual Survey of International & Comparative Law
This paper starts with an overview of basic conceptual issues about the UN and its modem function. The focus on this part will be the concepts of representation and universality membership. Once we have properly identified and understood these concepts, some discussion will follow, deal mainly with such issues as; the ROC's exclusion from the UN as inconsistent with the universal principle of representation, Taiwan's efforts to join the UN, the increasing importance to improve Taiwan's status in the UN, and, the UN's considerable benefits to access Taiwan's UN entry bid. In addition to the issue of reexamining the significant …
Kosovo: To Bomb Or Not To Bomb? The Legality Is The Question, Leslie A. Burton
Kosovo: To Bomb Or Not To Bomb? The Legality Is The Question, Leslie A. Burton
Annual Survey of International & Comparative Law
In 1998 and 1999, Yugoslavia was engaged in an "ethnic cleansing," involving the systematic murder of its ethnic minorities, especially within its state of Kosovo. Although the United Nations issued Resolutions condemning Yugoslavia's actions, the U.N. stopped short of ordering any enforcement action. The North Atlantic Treaty Organization ("NATO") members agreed that action must be taken to stop the slaughter. After attempts to negotiate peace in the region proved unsuccessful, NATO determined that an aggressive response was the only altemative. On March 24, 1999, NATO-sponsored forces commenced bombing Kosovo. The bombing ended on June 10, 1999, having achieved its aim. …
Repatriation Of Cultural Property–Who Owns The Past? An Introduction To Approaches And To Selected Statutory Instruments, Carol A. Roehrenbeck
Repatriation Of Cultural Property–Who Owns The Past? An Introduction To Approaches And To Selected Statutory Instruments, Carol A. Roehrenbeck
International Journal of Legal Information
Should cultural property taken by a stronger power or nation remain with that country or should it be returned to the place where it was created? Since the 1990s this question has received growing attention from the press, the public and the international legal community. For example, prestigious institutions such as the J. Paul Getty Museum of Art in Los Angeles and the Metropolitan Museum of Art in New York have agreed to return looted or stolen artwork or antiquities. British smuggler Jonathan Tokeley-Parry was convicted and served three years in prison for his role in removing as many as …
Who Owns The Past? Turkey’S Role In The Loss And Repatriation Of Antiquities, Kathleen Price
Who Owns The Past? Turkey’S Role In The Loss And Repatriation Of Antiquities, Kathleen Price
International Journal of Legal Information
No abstract provided.
Nato At Sixty: American Between Law And War, Mary Ellen O'Connell
Nato At Sixty: American Between Law And War, Mary Ellen O'Connell
Indiana Journal of Global Legal Studies
NATO was founded to counter the Soviet Union and the Warsaw Treaty Organization. Both have been gone for over twenty years. So why is NATO still here? Part of the explanation may lie in Americans' strong belief in the efficacy of military force. NATO remains associated in Americans' minds with the greatest time of U.S. military power. Yet, the United States also has a strong commitment to the rule of law. The country appears overdue for a return to this other commitment. We should not be surprised to soon see the United States promoting international law again-and that could mean …
Under The Turkish Blanket Legislation: The Recovery Of Cultural Property Removed From Turkey, Sibel Özel
Under The Turkish Blanket Legislation: The Recovery Of Cultural Property Removed From Turkey, Sibel Özel
International Journal of Legal Information
No abstract provided.
International Law And United States Policy Issues Arising From The United States' Conflict With Al Qaeda, Gregory S. Mcneal
International Law And United States Policy Issues Arising From The United States' Conflict With Al Qaeda, Gregory S. Mcneal
University of Arkansas at Little Rock Law Review
No abstract provided.
A Pirate Looks At The Twenty-First Century: The Legal Status Of Somali Pirates In An Age Of Sovereign Seas And Human Rights, Michael Davey
A Pirate Looks At The Twenty-First Century: The Legal Status Of Somali Pirates In An Age Of Sovereign Seas And Human Rights, Michael Davey
Notre Dame Law Review
No abstract provided.
Hidetoshi Hashimoto On International Law (Sixth Edition). By Malcolm Shaw. New York: Cambridge University Press, 2008. 1542pp., Hidetoshi Hashimoto
Hidetoshi Hashimoto On International Law (Sixth Edition). By Malcolm Shaw. New York: Cambridge University Press, 2008. 1542pp., Hidetoshi Hashimoto
Human Rights & Human Welfare
A review of:
International Law (Sixth Edition). By Malcolm Shaw. New York: Cambridge University Press, 2008. 1542pp.