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Articles 1 - 30 of 63
Full-Text Articles in Law
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.
Contemporary Issues On Public International And Comparative Law: Essays In Honor Of Professor Dr. Christian Nwachukwu Okeke, Arthur J. Gemmell
Contemporary Issues On Public International And Comparative Law: Essays In Honor Of Professor Dr. Christian Nwachukwu Okeke, Arthur J. Gemmell
Annual Survey of International & Comparative Law
Contemporary Issues on Public International and Comparative Law: Essays in Honor of Professor Dr. Christian Nwachukwu Okeke is a Liber Amicorum in which writings by international law scholars from around the globe have been compiled to honor Prof. Christian Nwachukwu Okeke: scholar, law professor, mentor, father, and husband.
Chima Centus Nweze, Ed. Contemporary Issues On Public International And Comparative Law: Essays In Honor Of Professor Christian Nwachukwu Okeke, Sophie Clavier
Chima Centus Nweze, Ed. Contemporary Issues On Public International And Comparative Law: Essays In Honor Of Professor Christian Nwachukwu Okeke, Sophie Clavier
Annual Survey of International & Comparative Law
No abstract provided.
Behind Closed Doors: "Autonomous Colonization" In Post United Nations Era - The Case For Western Sahara, Pamela Epstein
Behind Closed Doors: "Autonomous Colonization" In Post United Nations Era - The Case For Western Sahara, Pamela Epstein
Annual Survey of International & Comparative Law
This paper's central objective is to highlight, through a critical assessment of the conflict, a compelling case for the independent State of Western Sahara. Part I provides a snapshot of the conflict from the time of Spanish colonial rule, paying particular attention to the International Court of Justice Advisory Opinion on Western Sahara, the Moroccan invasion and subsequent illegal occupation of Western Sahara, the U.N. attempted referendum under MINURSO, concluding with the most recent extension of the U.N. mandate. Part II articulates the argument for statehood by evaluating Western Sahara's claims under the binding authority of the 1933 Montevideo Convention …
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 …
The New African Law: Beyond The Difference Between Common Law And Civil Law, Salvatore Mancuso
The New African Law: Beyond The Difference Between Common Law And Civil Law, Salvatore Mancuso
Annual Survey of International & Comparative Law
The current investments into African countries are limited as a result of the judicial and juridical insecurity. As such, there is a strong need to rebuild the respective legal systems in order to enhance investors' reliance and to further attract foreign investment. The idea of the unification of African laws has been considered as the only solution to eliminate obstacles to development amounting from the judicial differences among the varying African nations. Such a change would give the countries joining the process of regional integration the opportunity to assert their interests in a stronger and more confident manner within the …
Contrasting Franco-American Perspectives On Sovereignty, Sophie Clavier
Contrasting Franco-American Perspectives On Sovereignty, Sophie Clavier
Annual Survey of International & Comparative Law
The findings of this paper augment Keohane's argument that sovereignty is a useful "conceptual lens" in the study of International Relations and that understanding divergent conceptions of sovereignty in Europe and in the United States is crucial to shedding light on the formulation of their respective policies. Indeed, the first goal of this paper is to expand on Keohane's premise and to address how France and the United States understand sovereignty. The second goal is to argue that the current conflicting perspectives on sovereignty displayed by France and the United States are a departure from a historical pattern whereby, at …
Rule Of Law With Chinese Characteristics, Ignazio Castellucci
Rule Of Law With Chinese Characteristics, Ignazio Castellucci
Annual Survey of International & Comparative Law
In this essay, I will discuss some peculiarities of socialist law, making some comparative references and reflections, mainly, but not only between the former USSR and the Chinese legal systems; I will then indicate possible lines of discussion or research on how the Chinese political and legal system is accommodating market-based legal institutions within its socialist frame, and how this will, in turn, contribute to shape a Chinese concept of the rule of law.
Ukrainian Bankruptcy Law In The Context Of Regional And International Developments, Alexander Biryukov
Ukrainian Bankruptcy Law In The Context Of Regional And International Developments, Alexander Biryukov
Annual Survey of International & Comparative Law
During the period of Soviet rule there was no need for private law remedies to regulate economic relations, particular in the area of bankruptcy. After the Soviet Union's collapse, former republics and newly independent states started developing market-oriented laws to support democratization process. Due to Ukraine's lack of any bankruptcy legislation during the last century, 1992 marked the starting point of bankruptcy law formation in the country. The formation of bankruptcy laws in Ukraine and other countries in the region may be traced to two stages of development: "first wave" laws passed in 1990 through 1993, and "second wave" laws …
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. …
The Jordan River Basin And The Mountain Aquifer: The Transboundary Freshwater Disputes Between Israel, Jordan, Syria, Lebanon And The Palestinians, Rose M. Mukhar
Annual Survey of International & Comparative Law
This study discusses the settlement of water disputes in the Middle East and focuses on two disputes in particular relating to the Jordan River basin and the Mountain Aquifer in the West Bank. There is a genuine need for an all-inclusive approach by the parties utilizing these international transboundary waters. The first dispute relates to the sharing of the surface water of the Jordan River basin between Israel, Jordan, Lebanon, Syria and the Palestinians of the West Bank. The second dispute concerns the shared utilization of the ground water resources from the Mountain Aquifer that extends from the West Bank …
No Duty To Save Lives, No Reward For Rescue: Is That Truly The Current State Of International Salvage Law?, Jason Parent
No Duty To Save Lives, No Reward For Rescue: Is That Truly The Current State Of International Salvage Law?, Jason Parent
Annual Survey of International & Comparative Law
Many scholars argue that international maritime salvage law, and particularly American salvage law, not only does little to encourage "pure" life salvage on the high seas, but outright discourages the rescue of human life. Conversely, this author takes a novel stance - not only does current international salvage law promote pure life salvage through its tenets and compensation scheme, but American salvage law, on its face and as applied, violates international law binding upon America. Part I of this comment discusses current international salvage law - its inception, its purposes and its results. Part II places American life salvage law …
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.
Sovereignty Over Natural Resources Under Examination: The Inter-American System For Human Rights And Natural Resource Allocation, Lila Barrera-Hernández
Sovereignty Over Natural Resources Under Examination: The Inter-American System For Human Rights And Natural Resource Allocation, Lila Barrera-Hernández
Annual Survey of International & Comparative Law
The present paper is based on the contention that, by virtue of the impact of resource exploitation on individuals, international human rights' tribunals and bodies, particularly the organs of the Inter-American System, are increasingly in the position of "allocator" of natural resources, giving new meaning to the concept of permanent sovereignty.
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. …
Foreign Direct Investments And Sustainable Development In The Least-Developed Countries, Zakia Afrin
Foreign Direct Investments And Sustainable Development In The Least-Developed Countries, Zakia Afrin
Annual Survey of International & Comparative Law
This article examines the existing flaws of foreign investment regulations regarding environmental protection in the developing countries. Recommendations to ensure sustainable development in the poor countries will also be presented. For the purposes of explanation, the discussion will be divided in four parts. First, foreign investment will be defined with specific attention to its emergence in the developing countries with brief mention of the actors in foreign investment as well as their influence on the host country's environment. The second part will present an existing conflict between Bangladesh and Occidental Corporation that portrays a typical condition that a developing country …
Party Autonomy In International Commercial Arbitration: Consolidation Of Multiparty And Classwide Arbitration, Okuma Kazutake
Party Autonomy In International Commercial Arbitration: Consolidation Of Multiparty And Classwide Arbitration, Okuma Kazutake
Annual Survey of International & Comparative Law
Dispute settlement is an important area in international contract and trade. Settlement either by litigation in court or by alternative dispute resolution (ADR) is contemplated by contractual parties in international transactions. Each system presents its own problems. Effective litigation requires a judge to be an impartial, legal expert; however, is that always true, especially in the international context? A party litigating in another country is often concerned about whether he can achieve a fair judgment there. Decisions can sometimes be based on patriotic or parochial grounds, and even if a party receives a fair judgment, will he be able to …
Trademark Under The Nepalese Legal System: A Comparative Study With The Trips Agreement, Ramesh Bikram Karky
Trademark Under The Nepalese Legal System: A Comparative Study With The Trips Agreement, Ramesh Bikram Karky
Annual Survey of International & Comparative Law
As trademark is vital to the promotion of trade and the protection of consumer interest, a study on the protection of trademarks will be meaningful. The norms of trademark protection prescribed in the Agreement on Trade-Related Aspects of Intellectual Property Rights (hereinafter referred to as ''TRIPS'') are internationally recognized as standard. In this paper, Nepalese trademark laws will be studied and compared with the minimum standards prescribed by the TRIPS. This study will suggest a few recommendations for further promotion and protection of trademarks in Nepal.
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 …
United States Objection To The International Criminal Court: A Paradox Of "Operation Enduring Freedom", Remigius Chibueze
United States Objection To The International Criminal Court: A Paradox Of "Operation Enduring Freedom", Remigius Chibueze
Annual Survey of International & Comparative Law
There has been tremendous success in the signing and ratification of the ICC Statute. To date, 139 countries have signed and 89 countries, encompassing countries from all regions of the globe, have ratified the statute, which took effect on July 1, 2002 after being ratified by more than 66 countries. While most countries declared their support for the ICC, the U.S. was not in favor of signing the statute and therefore voted against it. There is no doubt that the September 11, 2001 attacks on the United States were crimes against humanity as contained in the Rome Statute. Therefore, if …
Arrest Warrant Of 11 April 2000 (Democratic Republic Of The Congo V. Belgium) International Court Of Justice 14 February 2002
Annual Survey of International & Comparative Law
No abstract provided.
The Doctrine Of Dualism Of Private Law In The Context Of Recent Codifications Of Civil Law: Ukrainian Perspectives, Alexander Biryukov
The Doctrine Of Dualism Of Private Law In The Context Of Recent Codifications Of Civil Law: Ukrainian Perspectives, Alexander Biryukov
Annual Survey of International & Comparative Law
This article gives an overview of some of the problems in the sphere of revision of private law in Ukraine to assure the transformation of its economy from planned principles to a free market economy. The article discusses the main scholarly debates on the codification of private law in Ukraine. These debates present arguments for different means of codification in Ukraine. The article also undertakes a limited comparison of codifications in other countries. The author proffers suggestions as to how to overcome the codification crisis in Ukraine, and to facilitate legal reforms to make Ukraine a part of the civilized …
Positive Action And European Union Law In The Year 2000, Paul Hodapp, Thomas Trelogan, Steve Mazurana
Positive Action And European Union Law In The Year 2000, Paul Hodapp, Thomas Trelogan, Steve Mazurana
Annual Survey of International & Comparative Law
This paper is the third in a series in which we examine the similarities and differences between the European and American approaches to the problem of positive (or affirmative) action. In the two previous papers we examined whether certain positive action plans adopted by European legislatures would be constitutional under the Equal Protection clause of the U.S. Constitution. In this paper our aim is limited to updating our analysis of positive action in the European Union with an analysis of three recent European Court of Justice ("the Court") decisions. The decisions are Re: Badeck, Abrahamsson, and Schnorbus v. Land Hesse. …
International Law And Security Dilemmas In Multiethnic States, Nedzad Basic
International Law And Security Dilemmas In Multiethnic States, Nedzad Basic
Annual Survey of International & Comparative Law
This paper considers how the international legal system may be reconstructed through the introduction of new legal relationships among these principles of international law to encourage different ethnic and religious communities, which rely on the principle of self-determination, and central governments, which invokes the principle of territorial integrity of its state, to make rational choices that will reduce the likelihood of minority/government conflict in the future. Sub-national groups understand self-determination of peoples to include the right of secession which threatens the territorial integrity of a state, while the territorial integrity of a state prohibits self-determination to be understood as statehood. …
Multinational Corporations And Compliance With International Regulations Relating To The Petroleum Industry, Emeka Duruigbo
Multinational Corporations And Compliance With International Regulations Relating To The Petroleum Industry, Emeka Duruigbo
Annual Survey of International & Comparative Law
This article is divided into three major sections. The first section defines the terms "compliance" and "enforcement" as they are used in this work. The second section contains an exposition of the traditional methods of compliance and enforcement, including their bases, scope, strengths and pitfalls. This part is divided into three subsections, each concentrating on a single method. The third section discusses an alternative approach of a norm of corporate behavior, emphasizing that ethical principles should be given legal teeth in international business and be integrated into the corpus of international law. The conclusion reached is that a concerted and …
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. …
Enforcing Arbitration Awards Under The International Convention For The Settlement Of Investment Disputes (Icsid Convention), Vincent O. Nmehielle
Enforcing Arbitration Awards Under The International Convention For The Settlement Of Investment Disputes (Icsid Convention), Vincent O. Nmehielle
Annual Survey of International & Comparative Law
This article addresses the broad question of enforcement of ICSID arbitral awards under the Convention, with the goal of analyzing the attendant issues. The article is divided into four parts. Part Two deals with background issues such as the purpose of ICSID as envisaged by the ICSID Convention and the composition of the ICSID. Part Three analyzes the ICSID arbitral process and discusses the ICSID's jurisdiction and the constitution of its arbitral panel. Part Four, the main section, discusses the recognition and enforcement of awards. This section will analyze the various steps of enforcement: recognition, enforcement itself, and execution of …
New Developments In 2001 Chinese Criminal Procedure Law, Xia Jinwen
New Developments In 2001 Chinese Criminal Procedure Law, Xia Jinwen
Annual Survey of International & Comparative Law
On March 17,1996, the 8th National People's Congress passed a new criminal procedure law during its 4th conference, based on an earlier code promulgated on January 1, 1980. In general, the new Criminal Procedure Code introduced significant developments in connection with the following aspects of the law: presumption of innocence, coercive measures, abolition of exemption from prosecution, criminal defenses, and the reformation of judicial proceedings.