Law Commons^™

The Status Of Taiwan Under International Law And In A Changing World, Eric Ting-Lun Huang

Theses and Dissertations

The issue of Taiwan's status has long been disputed. Since 1949, more than half a century ago, a civil war divided a Chinese nation into two governments within the Chinese territories. One is the People's Republic of China on the mainland(China), the other is the Republic of China on Taiwan(Taiwan). Since then, China has long embraced the position of annexing Taiwan as its essential goal based on the political fiction of the one-China principle, assuming that "there is only one China internationally, Taiwan is a part of China, and the People's Republic of China is thesole government to represent the …

Eustitia: Institutionalizing Justice In The European Union, Helen E. Hartnell

Publications

The European Union is installing new infrastructure upon which to build a "genuine European area of justice. This "European judicial area" constitutes a key component of the "area of freedom, security and justice" ("AFSJ"). The Amsterdam Treaty added the AFSJ as a dimension of the Union, in order to promote the free movement of persons. "EUstitia" is a neologism that aims to capture both pragmatic and aspirational aspects of this new European governance project. The term is used here to refer solely to the civil law component of the AFSJ. This article both examines EUstitia's key features, and explores the …

International Law And Business Practice : Corporate Accountability And Compliance Issues In The Petroleum Industry, Emeka Duruigbo

Theses and Dissertations

This dissertation seeks to strengthen international law by incorporating and integrating multinational corporations more fully into the international legal system. It argues that the undeniable role of multinational corporations as primary players in the global economy and international politics necessitates or demands adequate acknowledgement in the international legal structure. Accordingly, due recognition should be accorded the rights and privileges of multinationals. Concomitant to that, corresponding duties and responsibilities should be attached to these corporate entities in international law.

Many far-reaching advantages will flow from such development. The corporations will enjoy de jure protection, which would enhance their business operations across …

U.S. Bombing Of Afghanistan Not Justified As Self-Defense Under International Law, Leslie Rose

Publications

The United States military strikes against Afghanistan cannot be justified as self-defense under the United Nations Charter or customary international law. There is insufficient evidence of an armed attack by the state of Afghanistan and the strikes have been neither necessary nor proportional.

Jurisdiction, Terrorism And The Rule Of International Law, Sompong Sucharitkul

Publications

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. This article is an excerpt from the speech given by Professor Sucharitkul.

Progressive Development Of International Law And Order Since The Events Of 11 September 2001, Sompong Sucharitkul

The Sompong Sucharitkul Center for Advanced International Legal Studies

The events of 11 September 2001, which sent shock waves to the conscience of mankind the world over, have entailed other consequences unattended by perpetrators of the terrorist acts against the United States and little suspected by the international community at the time. To every action, there is a reaction. The wheel of international justice moves slowly but surely as it requires necessary accompaniments, especially the overwhelming support of the global community and the underlying rule of international law on the subject.

The terrorist attacks of 11 September 2001 set the stage for an accelerated pace in the progressive concretization …

Immunities From Jurisdiction In Contemporary International Law, Sompong Sucharitkul

Publications

All States, large or small, rich or poor, are equal in the eyes of international law. Each State is sovereign and independent. Statehood is vested with the type of sovereignty and independence that is recognized as exclusive and absolute within its territory. It is by reason of this absolute and exclusive sovereignty and this equality of States and their mutual independence, that in certain circumstances, a State is presumed to have consented to waive the exercise of its jurisdiction which is exclusive within its territory in a proceeding in which another State is being proceeded against without its consent. In …

Investment Protection: The Role Of State/Investor Arbitration, Sompong Sucharitkul

Publications

No abstract provided.

The Non-Discrimination Principle And Its Effect On The Education Of Roma Children In The Czech Republic, Leslie Burton

Publications

All states ratifying the Convention on the Rights of the Child (CRC) are bound to comply with Article 2, which requires States Parties to respect the rights of all children, without discrimination of any kind. In the Czech Republic, however, there is systematic discrimination against the Roma (also referred to as Gypsies). As a result, Roma children are not getting the education they are ensured under Article 28 of the CRe. The Czech Republic has tried, and continues to try, different methods to resolve the problem and to comply with the CRe. This essay will explore the nature of the …