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Articles 1 - 21 of 21
Full-Text Articles in Law
Johnson V. M'Intosh: Christianity, Genocide, And The Dispossession Of Indigenous Peoples, Cynthia J. Boshell
Johnson V. M'Intosh: Christianity, Genocide, And The Dispossession Of Indigenous Peoples, Cynthia J. Boshell
Cal Poly Humboldt theses and projects
Using hermeneutical methodology, this paper examines some of the legal fictions that form the foundation of Federal Indian Law. The text of the U.S. Supreme Court’s 1823 Johnson v. M’Intosh opinion is evaluated through the lens of the Convention on the Prevention and Punishment of the Crime of Genocide to determine the extent to which the Supreme Court incorporated genocidal principles into United States common law. The genealogy of M’Intosh is examined to identify influences that are not fully apparent on the face of the case. International jurisprudential interpretations of the legal definition of genocide are summarized and used as …
When Freedom Of Speech Comes At A Cost: A Case Study Of E.S. V. Austria, Rachael Taylor
When Freedom Of Speech Comes At A Cost: A Case Study Of E.S. V. Austria, Rachael Taylor
Indiana Journal of Global Legal Studies
In the fall of 2018, the European Court of Human Rights (ECtHR) issued a decision upholding the criminal conviction of an Austrian national (E.S.) in violation of Austria's Criminal Code against the disparagement of religious doctrines. Her initial conviction in the Austrian court was based on statements she made about the Prophet Muhammad while teaching a series of seminars entitled "Basic Information on Islam." In upholding her conviction, the ECtHR found that there had been no violation of the Austrian's right to freedom of expression under Article 10 of the European Convention for the Protection of Human Rights (Convention), and …
Between Dialogue And Decree: International Review Of National Courts, Robert B. Ahdieh
Between Dialogue And Decree: International Review Of National Courts, Robert B. Ahdieh
Robert B. Ahdieh
Recent years have seen dramatic growth in the number of international tribunals at work across the globe, from the Appellate Body of the World Trade Organization and the International Tribunal for the Law of the Sea, to the Claims Resolution Tribunal for Dormant Claims in Switzerland and the International Criminal Court. With this development has come both increased opportunity for interaction between national and international courts and increased occasion for conflict. Such friction was evident in the recent decision in Loewen Group, Inc. v. United States, in which an arbitral panel constituted under the North American Free Trade Agreement found …
Extreme Secularism Vs. Religious Radicalism: The Case Of The French Burkini, Mohamed Abdelaal
Extreme Secularism Vs. Religious Radicalism: The Case Of The French Burkini, Mohamed Abdelaal
ILSA Journal of International & Comparative Law
The French theory of Laïcité, or assertive secularism, has rapidly developed to become a significant part of the French constitutional legacy, which subsequently brought out what should have been expected: conflicts between the right to self-determination, local culture, religious freedom, and the state interest in curbing radicalism and extremism
Secession, Stagnation And The State-Centered Version Of International Law, Valerie Epps
Secession, Stagnation And The State-Centered Version Of International Law, Valerie Epps
ILSA Journal of International & Comparative Law
Votes on secession are breaking out all over the globe.
Protecting The Protectors Or Victimizing The Victims Anew? "Material Support Of Terrorism" And Exclusion From Refugee Status In U.S. And European Courts, Tom Syring
ILSA Journal of International & Comparative Law
In recent years, the United States (U.S.) as well as European states have adopted numerous anti-terrorism laws based on concerns for national security, aimed at keeping persons with connections to terrorist networks out of the respective countries, or facilitating the forced return to their country of origin.
Case Concerning The Rotion Union: The Republic Of Adaria V. The Republic Of Bobbia, The Kingdom Of Cazalia, The Commonwealth Of Dingoth, The State Of Ephraim, And The Kingdom Of Finbar, Maria Noelia Gamio, Barbara Sofia Aubert Casas, Ignacio Herrera, Ignacio Javier Uresandi
Case Concerning The Rotion Union: The Republic Of Adaria V. The Republic Of Bobbia, The Kingdom Of Cazalia, The Commonwealth Of Dingoth, The State Of Ephraim, And The Kingdom Of Finbar, Maria Noelia Gamio, Barbara Sofia Aubert Casas, Ignacio Herrera, Ignacio Javier Uresandi
ILSA Journal of International & Comparative Law
The Republic of Adaria, on one side, and the Republic of Bobbia, the Kingdom of Cazalia, the Commonwealth of Dingoth, the State of Ephraim and the Kingdom of Finbar, jointly on the other, have submitted by Special Agreement their differences concerning the Rotian Union, and transmitted a copy thereof to the Registrar of the Court pursuant to article 40(1) of the Statute.
Foreign Judgments At Common Law: Rethinking The Enforcement Rules, Tanya J. Monestier
Foreign Judgments At Common Law: Rethinking The Enforcement Rules, Tanya J. Monestier
Dalhousie Law Journal
England and Canada have adopted divergent approaches to the enforcement of foreign civil and commercial judgments. An English court will only enforce a foreign judgment where the defendant submitted to the junsdiction of the foreign court, or was present in the foreign jurisdiction when served with process. This position. while protecting domestic defendants, is outdated and does little to further the objectives underpinning judgment enforcement- Canadian courts, by contrast, have been far more liberal than their English counterparts, enforcing foreign judgments in cases where there is a "real and substantial connection" between the dispute and the judgment forum. While this …
The Evolution Of The European Legal System: The European Court Of Justice's Role In The Harmonization Of Laws, Yvonne N. Gierczyk
The Evolution Of The European Legal System: The European Court Of Justice's Role In The Harmonization Of Laws, Yvonne N. Gierczyk
ILSA Journal of International & Comparative Law
After the dust settled from World War II, Winston Churchill declared the need for Europe to integrate economically and politically.
Foreign Judgments At Common Law: Rethinking The Enforcement Rules, Tanya J. Monestier
Foreign Judgments At Common Law: Rethinking The Enforcement Rules, Tanya J. Monestier
Journal Articles
England and Canada have adopted divergent approaches to the enforcement of foreign civil and commercial judgments. An English court will only enforce a foreign judgment where the defendant submitted to the junsdiction of the foreign court, or was present in the foreign jurisdiction when served with process. This position. while protecting domestic defendants, is outdated and does little to further the objectives underpinning judgment enforcement- Canadian courts, by contrast, have been far more liberal than their English counterparts, enforcing foreign judgments in cases where there is a "real and substantial connection" between the dispute and the judgment forum. While this …
Between Dialogue And Decree: International Review Of National Courts, Robert B. Ahdieh
Between Dialogue And Decree: International Review Of National Courts, Robert B. Ahdieh
Faculty Scholarship
Recent years have seen dramatic growth in the number of international tribunals at work across the globe, from the Appellate Body of the World Trade Organization and the International Tribunal for the Law of the Sea, to the Claims Resolution Tribunal for Dormant Claims in Switzerland and the International Criminal Court. With this development has come both increased opportunity for interaction between national and international courts and increased occasion for conflict. Such friction was evident in the recent decision in Loewen Group, Inc. v. United States, in which an arbitral panel constituted under the North American Free Trade Agreement found …
The Developing Framework Of The Csme: Two Legal Issues Considered, Ezra Alleyne
The Developing Framework Of The Csme: Two Legal Issues Considered, Ezra Alleyne
ILSA Journal of International & Comparative Law
The Caribbean Single Market and Economy (CMSE) is a work in progress.
Was The United States Justified In Renewing Resolution 1487 In Light Of The Abu Ghraib Prisoner Abuse Scandal?, Kerstin Pastujova
Was The United States Justified In Renewing Resolution 1487 In Light Of The Abu Ghraib Prisoner Abuse Scandal?, Kerstin Pastujova
ILSA Journal of International & Comparative Law
On May 19, 2004, the United States introduced a Resolution to the United Nations Security Council for a third year in a row, requesting it to exempt from the International Criminal Court (ICC) all current and former troops and personnel from non-International Criminal Court member states, like the United States, who serve on United Nations' missions.
The International Criminal Court, National Security, And Compliance With International Law, James C. Kraska
The International Criminal Court, National Security, And Compliance With International Law, James C. Kraska
ILSA Journal of International & Comparative Law
Thank you, Mark, for your kind introduction. The question before the panel today is whether the United States, actions regarding national security over the last year or so are in harmony with international law, or, in the alternative, are the United States, policies on a collision course with international law.
A Change For The Better: An Inside Look To The Judicial Reform Of The Dominican Republic, Ingrid Suarez
A Change For The Better: An Inside Look To The Judicial Reform Of The Dominican Republic, Ingrid Suarez
ILSA Journal of International & Comparative Law
A president above the law. A Legislature that would pass any law, without regard for the impact on its citizens.
2000 Philip C. Jessup, Alfian Yasrif Kuchit, Sarah Sani, Foo Meng Yeen, Mohd Arif Absul Hamid, Edora Ahmad
2000 Philip C. Jessup, Alfian Yasrif Kuchit, Sarah Sani, Foo Meng Yeen, Mohd Arif Absul Hamid, Edora Ahmad
ILSA Journal of International & Comparative Law
The Governments of the State of Kuraca and the Republic of Senhava have recognized as compulsory ipsofacto in relation to any other State accepting the same obligation, the jurisdiction of the International Court of Justice in accordance with Article 36, paragraph 2.
2000 Philip C. Jessup, J. Michael Allen Iii, Elizabeth Bosquet, Kristi L. Deason, David R. Pruet
2000 Philip C. Jessup, J. Michael Allen Iii, Elizabeth Bosquet, Kristi L. Deason, David R. Pruet
ILSA Journal of International & Comparative Law
The State of Kuraca and the Republic of Senhava have submitted their differences concerning the vaccine trials to the International Court of Justice for resolution through a Special Agreement, in accordance with Article 40(1) of the Statute of the International Court of Justice.
The Inter-American Court Of Human Rights, Jorge Luis Delgado
The Inter-American Court Of Human Rights, Jorge Luis Delgado
ILSA Journal of International & Comparative Law
The Inter-American Court of Human Rights (Court or the Inter- American Court) was created by the entry into force of the treaty known as the American Convention on Human Rights (Convention).'
The Expert Testimony Before The Inter-American Court Of Human Rights, Ma. Auxiliadora Solano Monge
The Expert Testimony Before The Inter-American Court Of Human Rights, Ma. Auxiliadora Solano Monge
ILSA Journal of International & Comparative Law
The purpose of this essay is to provide a review of the doctrine and jurisprudence of the expert testimony as a probatory medium' used by the Inter-American Court of Human Rights (ICHR, Court, Tribunal) in the issues presented before it
Establishment Of An International Criminal Court, Steven J. Gerber
Establishment Of An International Criminal Court, Steven J. Gerber
ILSA Journal of International & Comparative Law
It cannot be overemphasized how historic the negotiations to establish a permanent International Criminal Court (ICC) have been. Over 120 states have participated in the process and not one of them questions the need for a permanent ICC to try individuals accused of the most serious international crimes of genocide, crimes against humanity or serious violations of the laws and customs of war (war crimes).
The Permanent International Criminal Court: An Examination Of The Statutory Debate, Michael Bachrach
The Permanent International Criminal Court: An Examination Of The Statutory Debate, Michael Bachrach
ILSA Journal of International & Comparative Law
In 1994, the International Law Commission ("ILC") authored a Draft Statute' in an attempt to help establish a permanent International Criminal Court ("ICC").