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Full-Text Articles in Law

Playing Hide And Seek With International Justice: What Went Wrong In Indonesia And East Timor, Stefanie Frease Jan 2004

Playing Hide And Seek With International Justice: What Went Wrong In Indonesia And East Timor, Stefanie Frease

ILSA Journal of International & Comparative Law

In discussing the justice processes used in Indonesia and East Timor to hold individuals accountable for serious violations of international law com- mitted in East Timor, it is important to emphasize that the problems are rooted in politics not the rule of law.


Using Free Trade Agreements To Control Capital Account Restrictions: Summary Of Remarks On The Relationship To The Mandate Of The Imf, Deborah E. Siegel Jan 2004

Using Free Trade Agreements To Control Capital Account Restrictions: Summary Of Remarks On The Relationship To The Mandate Of The Imf, Deborah E. Siegel

ILSA Journal of International & Comparative Law

The United States recently signed separate Free Trade Agreements (FTA' s) with Singapore and Chile. The agreements contain similar chapters on invest- ment rules.


Introduction To The Ilw Panel On "New Initiatives In Investment Law: Using Trade Agreements To "Control" Capital Movement Restrictions", Cynthia Lichtenstein Jan 2004

Introduction To The Ilw Panel On "New Initiatives In Investment Law: Using Trade Agreements To "Control" Capital Movement Restrictions", Cynthia Lichtenstein

ILSA Journal of International & Comparative Law

The Panel speakers on this topic were Deborah Siegel, Esq., Senior Coun- sel, Legal Department, International Monetary Fund (whose paper follows), Professor Jagdish Bhagwati, University Professor, Columbia University (giving the viewpoint of an economist), and Mr. James Wallace, standing in for Randall Quarels, Assistant Secretary for International Affairs, United States Department of the Treasury.


Early American Conflicts And Modern African Practices: A Comparative Commentary On Constitutionalism, Gloria J. Browne-Marshall Jan 2004

Early American Conflicts And Modern African Practices: A Comparative Commentary On Constitutionalism, Gloria J. Browne-Marshall

ILSA Journal of International & Comparative Law

I am most honored to introduce this panel titled African Countries at the Crossroads of Human Rights Development, the Rule of Law, and Economic Priorities.


Ngo Participation In Human Rights Law And Process: Latest Developments In The Effort To Develop An International Treaty On The Rights Of People With Disabilities, Janet E. Lord Jan 2004

Ngo Participation In Human Rights Law And Process: Latest Developments In The Effort To Develop An International Treaty On The Rights Of People With Disabilities, Janet E. Lord

ILSA Journal of International & Comparative Law

The human rights of people with disabilities traditionally have been ignored in mainstream international human rights theory and practice and in the work of international institutions.


Litigating Humanrights Abuses In United States Courts: Recent Developments, Elizabeth F. Defeis Jan 2004

Litigating Humanrights Abuses In United States Courts: Recent Developments, Elizabeth F. Defeis

ILSA Journal of International & Comparative Law

During the last quarter of a century, litigation in United States courts to address human rights abuses that occur beyond the shores of the United States has increased dramatically.


Preventing Genocide: The Role Of The United Nations, Stanislas Kamanzi Jan 2004

Preventing Genocide: The Role Of The United Nations, Stanislas Kamanzi

ILSA Journal of International & Comparative Law

I would like to start with a self explanatory and worthwhile quote from His Late Majesty Haile Selassie which reads as follows: "Throughout History it has been the inaction of those who could have acted, the indifference of those who should have known better, the silence of the voice of justice when it mattered most, that has made it possible for evil to triumph."


A Global Convention On Choice Of Court Agreements, Ronald A. Brand Jan 2004

A Global Convention On Choice Of Court Agreements, Ronald A. Brand

ILSA Journal of International & Comparative Law

A Special Commission of the Hague Conference on Private International Law will meet during the first nine days of December 2003 to consider a Draft Text on Choice of Court Agreements.


Recent Developments In International Commercial Arbitration, Houston Putnam Lowry Jan 2004

Recent Developments In International Commercial Arbitration, Houston Putnam Lowry

ILSA Journal of International & Comparative Law

Arbitration is the preferred method of settling commercial disputes internationally.


The International Whaling Commission: Challenges From Within And Without, Howard S. Schiffman Jan 2004

The International Whaling Commission: Challenges From Within And Without, Howard S. Schiffman

ILSA Journal of International & Comparative Law

Despite the growing number of international organizations dedicated to the conservation and management of living marine resources, very few generate the controversy of the International Whaling Commission (IWC).


Resolution Of Claims To Self-Determination: The Expansion And Creation Of Dispute Settlement Mechanisms, Valerie Epps Jan 2004

Resolution Of Claims To Self-Determination: The Expansion And Creation Of Dispute Settlement Mechanisms, Valerie Epps

ILSA Journal of International & Comparative Law

My task is three fold. I shall first give a very brief introduction to the topic of self-determination within the general jurisprudence of the proliferation of international dispute settlement mechanisms.


Preemption In The 21st Century: What Are The Legal Parameters?, Paul R. Williams, Scott R. Lyons, Tali Neuwirth Jan 2004

Preemption In The 21st Century: What Are The Legal Parameters?, Paul R. Williams, Scott R. Lyons, Tali Neuwirth

ILSA Journal of International & Comparative Law

In September 2002, President Bush and his national security team released the annual review of the United States' National Security Strategy.


The Right To Self-Determination And Its Enforcement, Johan D. Van Der Vyver Jan 2004

The Right To Self-Determination And Its Enforcement, Johan D. Van Der Vyver

ILSA Journal of International & Comparative Law

The right to self-determination of peoples, alongside the equality of nations, large and small, has been recognized as a basic norm of international law.


Earned Sovereignty: An Emerging Conflict Resolution Approach, Paul R. Williams, Karen Heymann Jan 2004

Earned Sovereignty: An Emerging Conflict Resolution Approach, Paul R. Williams, Karen Heymann

ILSA Journal of International & Comparative Law

There are currently over fifty sovereignty-based conflicts throughout the world, and nearly a third of the Specially Designated Global Terrorists listed by the United States Treasury Department are associated with sovereignty-based conflicts and self-determination movements.


Resolving Indigenous Claims To Self-Determination, Lorie M. Graham Jan 2004

Resolving Indigenous Claims To Self-Determination, Lorie M. Graham

ILSA Journal of International & Comparative Law

The right of self-determination is vitally important to indigenous peoples. Self-determination is closely linked to cultural survival, economic development, and the realization of other basic human rights.


Impact Of Sarbanes-Oxley On Multiple Listed Corporations: Conflicts In Comparative Corporate Laws And Possible Remedies, Sabyasachi Ghoshray Jan 2004

Impact Of Sarbanes-Oxley On Multiple Listed Corporations: Conflicts In Comparative Corporate Laws And Possible Remedies, Sabyasachi Ghoshray

ILSA Journal of International & Comparative Law

In the summer of 2002, the United States Congress adopted the Sarbanes- Oxley Act of 2002 as a response to the widely-publicized financial scandals involving the corporate giants Enron, WorldCom, Tyco and others.


International Law Association Panel Discussion On "Divergence Between The United States And The European Union On Trade And Other Matters.", Hunter R. Clark Jan 2004

International Law Association Panel Discussion On "Divergence Between The United States And The European Union On Trade And Other Matters.", Hunter R. Clark

ILSA Journal of International & Comparative Law

Webster's dictionary defines "diverge" as "to go in different directions from a common point or from each other; as opposed to converge." The noun "divergence" is defined as the act or state of diverging or branching off; a going farther apart; deviation or departure from a norm; difference."


U.S.-Eu Trade Relations: Sources Of Friction And Prospects For Resolution, Timothy C. Brightbill Jan 2004

U.S.-Eu Trade Relations: Sources Of Friction And Prospects For Resolution, Timothy C. Brightbill

ILSA Journal of International & Comparative Law

I would like to begin by discussing several of the most crucial trade disputes confronting the United States and the European Union. I will then look at several factors that continue to link the United States and the EU from a trade perspective.


Address To The American International Law Association, Tal Becker Jan 2004

Address To The American International Law Association, Tal Becker

ILSA Journal of International & Comparative Law

It is a pleasure and an honor for me to participate in this panel discussion. In my day job, I serve as the legal adviser to Israel's mission to the United Nations, and most of my comments today emerge less from academic research into the field of universal jurisdiction, and more from practical experience in issues related to international criminal justice both at the UN and outside it.


Protocol To Prevent, Suppress And Punish Trafficking In Persons-A New Approach, Elizabeth F. Defeis Jan 2004

Protocol To Prevent, Suppress And Punish Trafficking In Persons-A New Approach, Elizabeth F. Defeis

ILSA Journal of International & Comparative Law

Trafficking in persons, the illegal and highly profitable recruitment, transport, or sale of human beings into all forms of forced labor and servitude is a tragic and complex human rights abuse.


The Territotiality Inquiry Under The Act Of State Doctrine: Continuing The Search For An Appropriate Application Of Situs Of Debt Rules In International Debt Disputes, Ariel Oscar Diaz Jan 2004

The Territotiality Inquiry Under The Act Of State Doctrine: Continuing The Search For An Appropriate Application Of Situs Of Debt Rules In International Debt Disputes, Ariel Oscar Diaz

ILSA Journal of International & Comparative Law

Recent economic downturns in Argentina, Uruguay, and Venezuela, to name a few Latin American states among others in various parts of the world, have once again raised serious concerns regarding the ability of international lenders or creditors to recover on the sovereign and private debt instruments that they hold


Internet Taxation & Burkina Faso: A Case Study, Scott Budnick Jan 2004

Internet Taxation & Burkina Faso: A Case Study, Scott Budnick

ILSA Journal of International & Comparative Law

One of the more common criticisms of modem globalization is that this trend is leading to "higher inequality within countries


Un's Human Rights Norms For Transnational Corporations And Other Business Enterprises: An Imperfect Step In The Right Direction?, Surya Deva Jan 2004

Un's Human Rights Norms For Transnational Corporations And Other Business Enterprises: An Imperfect Step In The Right Direction?, Surya Deva

ILSA Journal of International & Comparative Law

The United Nations (UN), in its life of forty-eight years, has faced several challenges' as promoter of human rights in international arena.


Broad Stock Ownership: The Hurdle For Minority Shareholder Rights Development In Latin America, David Orozco Jan 2004

Broad Stock Ownership: The Hurdle For Minority Shareholder Rights Development In Latin America, David Orozco

ILSA Journal of International & Comparative Law

Corporate governance reform has taken center stage in Latin America. Due to weak investor protection laws, Latin America has suffered decreased liquidity in its securities markets and this poses a troubling situation for these economies.


American And Caribben Law Initiative 2004 Summer Conference Overview, Jane E. Cross Jan 2004

American And Caribben Law Initiative 2004 Summer Conference Overview, Jane E. Cross

ILSA Journal of International & Comparative Law

In Ocho Rios, on July 23-24, 2004, the American and Caribbean Law Initiative ("ACLI")' held a conference entitled "Caribbean Market Forces: Emerging Trends in International and Comparative Law."


Amplia Propiedad De Acciones: La Barrera Para El Desarrollo De Los Derechos De Accionistas De Minoria En America Latina, David Orozco Jan 2004

Amplia Propiedad De Acciones: La Barrera Para El Desarrollo De Los Derechos De Accionistas De Minoria En America Latina, David Orozco

ILSA Journal of International & Comparative Law

La reforma de gobemaci6n corporativa ha tornado un enfoque primario en America Latina.


Los Estados Unidos Y Africa Sobre La Mgf: Comparative Culturales, Resoluciones Y Derechos, Julie R. Hess Jan 2004

Los Estados Unidos Y Africa Sobre La Mgf: Comparative Culturales, Resoluciones Y Derechos, Julie R. Hess

ILSA Journal of International & Comparative Law

Cuando comenc6 a investigar sobre la mutilaci6n genital femenina (en lo sucesivo "MGF"), tenfa una posici6n persistente de cambio para aquellas quienes son forzadas a someterse a la MGF, aquellas que permiten que la prdctica sea efectuada en ellas o, a fortiori, aquellas que la llevan a cabo ellas mismas sobre sus propios hijos u otros miembros familiares.


Caribbean Single Market & Economy: What Is It And Can It Deliver?, Andrea M. Ewart Jan 2004

Caribbean Single Market & Economy: What Is It And Can It Deliver?, Andrea M. Ewart

ILSA Journal of International & Comparative Law

The Treaty of Chaguaramas, as amended by the Grand Anse Declaration and other documents pertinent to the creation of the Caribbean Single Market & Ecorjomy (CSME)', outlines the establishment of a Common Market and eventual creation of an Economic Union.


The Global Challenge To Legal Education: Training Lawyers For A New Paradigm Of Economic, Political And Legal-Cultural Expectations In The 21st Century, Winston P. Nagan, Frsa, Danie Visser Jan 2004

The Global Challenge To Legal Education: Training Lawyers For A New Paradigm Of Economic, Political And Legal-Cultural Expectations In The 21st Century, Winston P. Nagan, Frsa, Danie Visser

ILSA Journal of International & Comparative Law

Enormous developments are taking place in the global economy. Initia- tives are being taken from the top down, and quite literally, from the bottom up.


The Developing Framework Of The Csme: Two Legal Issues Considered, Ezra Alleyne Jan 2004

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.