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Extradition And The Conflict In Northern Ireland: The Past, Present And Future Of An Intractable Problem, Margaret I. Branick

UC Law SF International Law Review

British government efforts to extradite members of the Provisional Irish Republican Army (IRA) from the United States have posed challenges to U.S. extradition policy since the 1970s. Under extradition law, "political offenses" traditionally are treated as non-extraditable offenses. Use of the political offense exception to deny extradition of IRA fugitives from the United States prompted the United Kingdom and the United States to sign a Supplementary Treaty in 1985, which eliminated the political offense exception for broad categories of violent acts.

This Note briefly reviews the background of the conflict in Northern Ireland, and discusses extradition law and the political …

The Napster Case: The Whole World Is Listening, Grace J. Bergen

Global Business & Development Law Journal

No abstract provided.

Future Of Online Music: Labels And Artists, Scott Hervey

Global Business & Development Law Journal

No abstract provided.

Neutralizing The Threat: Reconsidering Existing Doctrines In The Emerging War On Terrorism, Frank A. Biggio

Case Western Reserve Journal of International Law

No abstract provided.

Why America Should Ratify The Women's Rights Treaty (Cedaw), Harold Hongju Koh

Case Western Reserve Journal of International Law

No abstract provided.

Social Cubism: Six Social Forces Of Ethnopolitical Conflict In Northern Ireland And Quebec, Sean Byrne, Neal Carter

ILSA Journal of International & Comparative Law

Studies of ethnoterritorial politics typically either examine political and economic structures to emphasize the competing interests of groups….

Integrative-Inductive Social Cubism, Lana Russ-Trent

ILSA Journal of International & Comparative Law

Whether in wars between nations or disputes within families, conflict is caused by many factors and forces, both internal and external, micro and macro.

Those Who Could Not Wander And The Creation Of A State: The Jews And The Palestinians, Adam S. Klein

ILSA Journal of International & Comparative Law

When Jesus was in Jerusalem carrying his Cross to Cavalry, he took a moment to pause on a man's doorstep.

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

ILSA Journal of International & Comparative Law

With the collapse of Communism and the Cold War geopolitical order, three interrelated tendencies surfaced; the growing disempowerment of ideologies based on modem rationality,' the formation of a new transnational order with an integrated financial system, standards of production and consumption; and, the relative decline of the centralized nation state, and modem territorial sovereignty

The Challenges Of Fighting Global Organized Crime In Latin America, Luz Estella Nagle

Fordham International Law Journal

This Article examines organized crime in Iberoamerica. It also examines the international mechanisms implemented to combat it, specifically the 1988 United Nations Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances, the 1996 Organization of American States Inter-American Convention against Corruption of 1996, and the United Nations Convention on Transnational Organized Crime of 2000. It then examines whether these efforts have been successful or unsuccessful, and whether multilateral instruments are a formidable tool in the war against international organized crime or merely toothless tigers.

Note, When Wishing On A Star Just Won’T Do: The Legal Basis For International Cooperation In The Mitigation Of Asteroid Impacts And Similar Transboundary Disasters, Evan R. Seamone

Journal Articles

This Note uses the threat of collisions of large space bodies with the Earth as a vehicle to investigate the legal duties of nations to participate in collective efforts at megadisaster mitigation. Asteroids and comets are space bodies while meteors occupy a less-threatening category. Although they differ in chemical composition and in visibility to the naked eye, large space bodies can endanger multiple nations simultaneously. Space bodies are ideal topics of investigation because the magnitude of the threats they pose is inestimable. Legal obligations to mitigate Earth impacts apply equally well to other infrequent threats that are currently of the …

Comparative Forum Non Conveniens And The Hague Judgments Convention, Ronald A. Brand

Articles

This article begins with a discussion of the application of the forum non conveniens doctrine in four common law legal systems. It then briefly notes related concepts applied in the courts of two civil law systems. This discussion is followed in Part IV by a brief history of the negotiations at the Hague Conference on Private International Law for a Convention on Jurisdiction and Foreign Judgments in Civil and Commercial Matters and a review of Articles 21 and 22 of the Interim Text of that Convention created at the June 2001 portion of the Diplomatic Conference. This review allows conclusions …

The Terrors Of Dealing With September 11th, Christopher L. Blakesley

Scholarly Works

No abstract provided.

Beyond The "Constitutional Moment": Law, Transition, And Peacemaking In Northern Ireland, Kieran Mcevoy, John Morison

Fordham International Law Journal

Our focus in this Article is not predominantly on the doctrinal intricacies of the constitutional framework in Northern Ireland. In fact, while we acknowledge the considerable sophistication of that framework, one of our contentions is that an overly legalistic focus on the shape and forms of constitutional architecture masks key questions concerning the broader political and ideological role of constitution-making. We will argue that the particular exigencies of constitution-making in a post-conflict society require a broader understanding of the notion and role of constitutional law. We attempt to trace the source of constitutional ideas in the jurisdiction, and the role …

Rights And Reasons: Challenges For Truth Recovery In South Africa And Northern Ireland, Brandon Hamber

Fordham International Law Journal

This Essay will argue that any transitional mechanism must be by its nature and temporal historical location a politically contested instrument. This can have differing political and social impacts, and impact on the human rights culture in the society in question. Based on the South African Truth and Reconciliation Commission ("TRC") experience, two rights-based issues -- namely, human rights and victims' rights -- will be discussed.

Dealing With The Past In Northern Ireland, Christine Bell

Fordham International Law Journal

This Article "audits" Northern Ireland's discrete mechanisms for dealing with the past, with a view to exploring the wider transitional justice debates. An assessment of what has been done so far is vital to considering what the goals of addressing the past might be, what future developments are useful or required, and what kind of mechanisms might successfully be employed in achieving those goals.

The Government Of Memory: Public Inquiries And The Limits Of Justice In Northern Ireland, Angela Hegarty

Fordham International Law Journal

The purpose of this Article is to examine the exercise and the usefulness of the public inquiry model, in the Northern Ireland conflict. This Article examines its role as both an accountability mechanism and a truth process, and in doing so I consider the proposition that public inquiries are employed by governments not as a tool to find truth and establish accountability for human rights violations, but as a way of deflecting criticism and avoiding blame.

Current Human Rights Concerns Arising From The Conflict And Peace Process In Northern Ireland, Jane Winter, Natasha Parassram Concepcion

Human Rights Brief

No abstract provided.