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International Law

2007

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Articles 1 - 30 of 818

Full-Text Articles in Law

International Local Government Law: The Effect Of Nafta Chapter 11 On Local Land Use Planning, Brynn Olsen Dec 2007

International Local Government Law: The Effect Of Nafta Chapter 11 On Local Land Use Planning, Brynn Olsen

Brigham Young University International Law & Management Review

No abstract provided.


The 1996 Hague Convention On The Protection Of Minors: What Changes Would Have To Be Made In United States Law In Order To Ratify The Convention, Robert Spector Dec 2007

The 1996 Hague Convention On The Protection Of Minors: What Changes Would Have To Be Made In United States Law In Order To Ratify The Convention, Robert Spector

Robert G. Spector

No abstract provided.


Hans Off!: The Struggle For Hans Island And The Potential Ramifications For International Border Disupute Resolution , Christopher Stevenson Dec 2007

Hans Off!: The Struggle For Hans Island And The Potential Ramifications For International Border Disupute Resolution , Christopher Stevenson

Boston College International and Comparative Law Review

As global warming continues to warm the Arctic seas, more of the Arctic is free of ice for longer periods. The possibilities for exploitation of natural resources and for control over Northern shipping lanes have prompted countries’ renewed interest in their competing claims to the region. Recently, Denmark and Canada have clashed over their competing claims to a small, uninhabitable rock known as Hans Island. While this island may not seem significant, the eventual resolution of this border dispute may have widespread ramifications for the resolution of international conflicts in other remote, uninhabited areas. This Note examines the International Court ...


Fitness Hearings In War Crimes Cases: From Nuremberg To The Hague , Phillip L. Weiner Dec 2007

Fitness Hearings In War Crimes Cases: From Nuremberg To The Hague , Phillip L. Weiner

Boston College International and Comparative Law Review

This Article examines the Strugar decision and its role in establishing the standards for a defendant’s fitness to stand trial before an in-ternational tribunal. While fitness to stand trial was an issue in three cases at Nuremberg, those cases failed to establish any standards for the international criminal justice community. In contrast, the Strugar standards have been followed in other Trial Chambers at the International Criminal Tribunal for the Former Yugoslavia, and at The Special Panels for Serious Crimes at the United Nations Tribunal at East Timor. Therefore, the author argues that Strugar may be viewed as the seminal ...


Creating Norms Of Attorney Conduct In International Tribunals: A Case Study Of The Icty, Judith A. Mcmorrow Dec 2007

Creating Norms Of Attorney Conduct In International Tribunals: A Case Study Of The Icty, Judith A. Mcmorrow

Boston College International and Comparative Law Review

Using the International Criminal Tribunal for the Former Yugoslavia (ICTY) as a case study, this Article explores the merger of legal cultures at the ICTY. The ICTY was crafted in a high-stakes international environment and brings together lawyers and judges who have been trained and inculcated typically in a common law/adversarial system or a civil law/non-adversarial system. Lawyers and judges come to the ICTY not only with a distinct understanding of their roles within their home jurisdictions, but also with different skill sets. Merging the legal cultures has not always been smooth. By comparing how attorney-conduct norms are ...


Tribunal Discourse And Intercourse: How The International Courts Speak To One Another, Patricia M. Wald Dec 2007

Tribunal Discourse And Intercourse: How The International Courts Speak To One Another, Patricia M. Wald

Boston College International and Comparative Law Review

This Article analyzes the development of a common law for international tribunals through the interpretation of applicable treaties and the interpretation of customary law—a decidedly difficult and amorphous process. The author notes there has been significant development in the common law of the tribunals, but that there is still a long way to go, especially on the issue of when a court should simply interpret or apply exist-ing law and when it should “legislate” or create new law. The Article also examines the less formal rules and practices beyond formal judgments, the “soft” law and practices, which are indispensable ...


Sharpening The Cutting Edge Of International Human Rights Law: Unresolved Issues Of War Crimes Tribunals, Daniel Kanstroom Dec 2007

Sharpening The Cutting Edge Of International Human Rights Law: Unresolved Issues Of War Crimes Tribunals, Daniel Kanstroom

Boston College International and Comparative Law Review

International criminal tribunals have emerged as the most tangible and well-known mechanism for seeking justice in the wake of atrocious human rights violations. As the enterprise has developed, the need to ask fundamental questions is obvious, compelling, and essential. In March, 2006, the Boston College International and Comparative Law Re-view, together with The Center for Human Rights and International Justice at Boston College and the Owen M. Kupferschmid Holocaust/Human Rights Project convened a diverse and impressive group of speakers from academia, the judiciary, and legal practice to evaluate: the development of “common law” of the tribunals, the function and ...


Nuremberg’S Contributions To International Law, Allan A. Ryan Dec 2007

Nuremberg’S Contributions To International Law, Allan A. Ryan

Boston College International and Comparative Law Review

This Article explores the establishment of the International Military Tribunal at Nuremberg beginning with the Moscow Declaration in 1943 and focusing on the Charter of the Tribunal in 1945, which, along with its charges, altered the course of international human rights law. Focusing on the way the Charter and its charges were devised, the author notes that the Tribunal’s existence was not a certainty after World War II and in fact it almost did not occur due to intense political debate that occurred in both domestic and international arenas. The Article argues that the creation of the Nuremberg Tribunal ...


Human Shields, Homicides, And House Fires: How A Domestic Law Analogy Can Guide International Law Regarding Human Shield Tactics In Armed Conflict, Douglas H. Fischer Dec 2007

Human Shields, Homicides, And House Fires: How A Domestic Law Analogy Can Guide International Law Regarding Human Shield Tactics In Armed Conflict, Douglas H. Fischer

American University Law Review

No abstract provided.


Terrorism As An Intellectual Problem, Charles W. Collier Dec 2007

Terrorism As An Intellectual Problem, Charles W. Collier

Buffalo Law Review

No abstract provided.


Rule 11 Of Bis Of The International Criminal Tribunal For The Former Yugoslavia: Referral Of Indictments To National Courts , Susan Somers Dec 2007

Rule 11 Of Bis Of The International Criminal Tribunal For The Former Yugoslavia: Referral Of Indictments To National Courts , Susan Somers

Boston College International and Comparative Law Review

The United Nations Security Council created the International Criminal Tribunal for the Former Yugoslavia in an effort to restore peace and security to the region. The Tribunal is an ad hoc institution and has a limited existence. A Completion Strategy was established by the U.N. Security Council to bring the work of the Tribunal to a conclusion. An important aspect of this Completion Strategy is the use of Rule 11 bis to transfer certain cases from the Tribunal to national courts. This article looks at the background, process, and judicial determination of Rule 11 bis requests.


A Critical Assessment Of The United States Implementation Of The Oecd Guidelines For Multinational Enterprises , Christopher N. Franciose Dec 2007

A Critical Assessment Of The United States Implementation Of The Oecd Guidelines For Multinational Enterprises , Christopher N. Franciose

Boston College International and Comparative Law Review

As Western corporations continue to expand internationally in search of natural resources and greater economies of scale, they increasingly find themselves operating amidst the political unrest and social conflict that afflicts many developing nations. In such contexts, multinational enterprises often turn a blind eye to human rights abuses, and in the worst cases, become active participants. As a result, many have called for a global system of corporate governance. This Note focuses on the OECD’s framework for influencing corporate behavior internationally: the “OECD Guidelines for Multinational Enterprises.” After explaining the mechanics of the Guidelines, this Note provides a critical ...


Princípios-Tópicos De Hermenêutica Constitucional, Paulo Ferreira Da Cunha Nov 2007

Princípios-Tópicos De Hermenêutica Constitucional, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Houve tempo em que a Constituição servia para poisar ou charuto ou tirar um argumento político, como ironicamente afirmaria o grande escritor oitocentista Eça de Queiroz. Hoje a Constituição é a norma das normas. Daí há consequências hermenêuticas. Ao contrário das teorias que importam interpretação tradicional e, por vezes, em grande medida ultrapassada, para o Direito Constitucional, a tendência actual é a inversa: dada a supremacia da Constituição, deve ser a metodologia constitucional a exportar hermenêutica para o todo do Direito. Para isso, começamos neste artigo com grandes princípios de hermenêutica intra-constitucional. Depois se passará à exportação.


Vol. Ix, Tab 47 - Ex. 10 - Document "Rosetta Stone Affiliate Overview - Nov. 29, 2007, Rosetta Stone Nov 2007

Vol. Ix, Tab 47 - Ex. 10 - Document "Rosetta Stone Affiliate Overview - Nov. 29, 2007, Rosetta Stone

Rosetta Stone v. Google (Joint Appendix)

Exhibits from the un-sealed joint appendix for Rosetta Stone Ltd., v. Google Inc., No. 10-2007, on appeal to the 4th Circuit. Issue presented: Under the Lanham Act, does the use of trademarked terms in keyword advertising result in infringement when there is evidence of actual confusion?


Petitioner's Observations (December 2007) For The Redress Of Violations Of Human Rights Guaranteed By The American Declaration Of The Rights And Duties Of Man, Inter-American Commission On Human Rights, Jeffrey C. Tuomala Nov 2007

Petitioner's Observations (December 2007) For The Redress Of Violations Of Human Rights Guaranteed By The American Declaration Of The Rights And Duties Of Man, Inter-American Commission On Human Rights, Jeffrey C. Tuomala

Jeffrey C. Tuomala

No abstract provided.


Petitioner's Observations (December 2007) For The Redress Of Violations Of Human Rights Guaranteed By The American Declaration Of The Rights And Duties Of Man, Inter-American Commission On Human Rights, Jeffrey C. Tuomala Nov 2007

Petitioner's Observations (December 2007) For The Redress Of Violations Of Human Rights Guaranteed By The American Declaration Of The Rights And Duties Of Man, Inter-American Commission On Human Rights, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.


Constitutional Changes, Transitional Justice, And Legitimacy: The Life And Death Of Argentina’S “Amnesty” Laws., Jose Sebastian Elias Nov 2007

Constitutional Changes, Transitional Justice, And Legitimacy: The Life And Death Of Argentina’S “Amnesty” Laws., Jose Sebastian Elias

Student Scholarship Papers

The article analyzes in-depth the legal and political process through which Argentina came, first, to amnesty former military officers who took part in the repression during the last dictatorship (1976-1983) and, then, to nullify those “amnesties” and indict the officers again eighteen years later. The thematic core is the legitimacy (or lack of it) of constitutional changes carried out by unconventional means, which are the unavoidable spin-offs of the very difficult process of transitional justice that has taken place in Argentina.

Section I gives an overview of the most salient legal and political facts of the last twenty-five years and ...


A New Environmental Order: Laying The Legal And Administrative Foundation For Global Environmental Governance, Deepa Badrinarayana Nov 2007

A New Environmental Order: Laying The Legal And Administrative Foundation For Global Environmental Governance, Deepa Badrinarayana

Dissertations & Theses

This dissertation argues that global environmental governance can be strengthened by structuring legal and administrative mechanisms to meet the demands of the current world order. In particular, this dissertation provides a theoretical analysis of those legal and administrative mechanisms that can improve environmental governance in a globalizing world. However, since it is a theoretical analysis, this dissertation does not assert that the analysis in itself will simplify the process of strengthening the rule of law, resolve all environmental issues, or require every single environmental problem to be addressed through an international process. Rather, the objective of the analysis is to ...


Colloquium On Rome Ii: The 2007 Regulation On The Law Applicable To Non-Contractual Obligations -- European And American Perspectives, Diana Wallis, Gabriel M. Wilner, Russell J. Weintraub, Symeon C. Symeonides, Johan Meeusen Nov 2007

Colloquium On Rome Ii: The 2007 Regulation On The Law Applicable To Non-Contractual Obligations -- European And American Perspectives, Diana Wallis, Gabriel M. Wilner, Russell J. Weintraub, Symeon C. Symeonides, Johan Meeusen

Colloquia

Diana Wallis, vice president of the European Parliament, joined other American and European experts in private international law to explore new European Union legislation on the law applicable to torts and to compare it to approaches in U.S. law during a two-day event sponsored by the University of Georgia Dean Rusk Center - International, Comparative and Graduate Legal Studies and the Georgia Society of International and Comparative Law. The colloquium was held November 5-6, 2007 in the Larry Walker Room of Dean Rusk Hall.


Net Neutrality: An International Policy For The United States, Frederick W. Pfister Nov 2007

Net Neutrality: An International Policy For The United States, Frederick W. Pfister

San Diego International Law Journal

Consider this scenario: Alex and John still are avid video game players and play hours a day, each connecting from the same town through different ISPs. However, since it is a peak Internet traffic time, it may be difficult for them to play. While Alex has the "Diamond" package from his ISP that ensures he has guaranteed high-bandwidth connection, John's ISP does not offer anything other than regular residential service. John must compete with everyone else in his local area for bandwidth, including a few who constantly watch high-definition video-on-demand and subsequently constrain bandwidth for other users. Would it ...


Public International Law And The Wto: A Reckoning Of Legal Positivism And Neoliberalism, S. G. Sreejith Nov 2007

Public International Law And The Wto: A Reckoning Of Legal Positivism And Neoliberalism, S. G. Sreejith

San Diego International Law Journal

This Article proceeds in five parts. In part one, I review the scholarly skepticism as to how far international law is law in the "hard" sense and show that this skepticism has always permeated the discipline. In part two, I go on to examine what has prompted contemporary scholarship to credit the WTO with helping international law grow out of the "thin" normativity often attributed to it. The analysis suggests that certain features of legal positivism customarily associated with law in its strict sense, which were alleged to be lacking in international law, are found in the institutional apparatus of ...


Finding International Law: Rethinking The Doctrine Of Sources, Harlan G. Cohen Nov 2007

Finding International Law: Rethinking The Doctrine Of Sources, Harlan G. Cohen

Scholarly Works

The doctrine of sources has served international law well over the past century, providing structure and coherence during a time when international law was expanding rapidly and dramatically. But the doctrine's explanatory power is increasingly being challenged. Current doctrine tells us that treaties are international law; empirical evidence, however, suggest that treaties are poor predictors of state practice. The expansion of the international community, the rise of human rights, developments in international legal theory, and the international system's need to adapt to changing circumstances, have all also put pressure on the reified role of "treaty" in identifying rules ...


Targets And Timetables: Good Policy But Bad Politics?, Daniel M. Bodansky Nov 2007

Targets And Timetables: Good Policy But Bad Politics?, Daniel M. Bodansky

Scholarly Works

From a policy perspective, a climate architecture based on economy-wide, binding emissions targets, combined with emissions trading, has many virtues. But even such an architecture represents good climate policy, it is far more questionable whether it represents good climate politics -- at least in the near-term, for the upcoming "post-2012" negotiations. Given the wide range of differences in national perspectives and preferences regarding climate change, a more flexible, bottom-up approach may be needed, which builds on the efforts that are already beginning to emerge, by allowing different countries to assume different types of international commitments – not only absolute targets, but also ...


Seeking The Final Court Of Justice: The European Court Of Human Rights And Accountability For State Violence In Northern Ireland, Christopher K. Connolly Nov 2007

Seeking The Final Court Of Justice: The European Court Of Human Rights And Accountability For State Violence In Northern Ireland, Christopher K. Connolly

San Diego International Law Journal

This article examines the impact of the European Court's right to life jurisprudence on the issue of accountability for state violence in Northern Ireland. To date, the initiatives undertaken by the United Kingdom to comply with the European Court's rulings are largely unsatisfactory. Piecemeal institutional reforms aimed at preventing future breaches of Article 2 have failed to fully address the underlying concerns identified by the Court, and domestic right to life jurisprudence has placed significant limitations on the extent to which past violations of the right to life can be dealt with effectively in British courts. The United ...


Japanese Prefectural Scapegoats In The Constitutional Landscape: Protecting Children From Violent Video Games In The Name Of Public Welfare, Susan Minamizono Nov 2007

Japanese Prefectural Scapegoats In The Constitutional Landscape: Protecting Children From Violent Video Games In The Name Of Public Welfare, Susan Minamizono

San Diego International Law Journal

Part I of this comment will examine the history and application of freedom of expression in Japanese case law and the evolution of the public welfare concept and its circumscribing effect on individual freedoms. Part II will explore the recent local regulatory efforts and the historical underpinnings for these laws that place restrictions on materials to children. Part III will compare the Japanese legislative endeavors with their American counterparts and highlight the reasons why United States laws will continue to be struck down by courts. Part IV will analyze the response of the video game industry to the onslaught of ...


Foreword, Christina Clemm Nov 2007

Foreword, Christina Clemm

San Diego International Law Journal

Regulation of global networks, human rights concerns, the effect of violence on children, and the regulatory authority of bodies like the WTO are also issues that no country can ignore. These topics in particular are highlighted in the 9th volume of the San Diego International Law Journal. However, like the subprime mortgage crisis, they are but a few of the important international issues facing the world.


Should Or Must? Nature Of The Obligation Of States To Use Trade Instruments For The Advancement Of Environmental, Labor, And Other Human Rights, Stephen Powell Oct 2007

Should Or Must? Nature Of The Obligation Of States To Use Trade Instruments For The Advancement Of Environmental, Labor, And Other Human Rights, Stephen Powell

Stephen Joseph Powell

States have been careful to couch their human rights commitments in terms that avoid binding and measurable actions to ensure the human rights either of their own citizens or those in other countries. Despite the promise of a dozen U.N. treaties, states continue to equivocate as to measures necessary to meet critical individual needs. This essay argues that, nonetheless, the question whether economically powerful states may be held to human rights observance is not solely moral in nature. Instead, through a combination of treaties, custom, and historical facts, the human rights obligation of developed states has taken on penumbral ...


International Law's Lessons For The Law Of The Lakes, Joseph W. Dellapenna Oct 2007

International Law's Lessons For The Law Of The Lakes, Joseph W. Dellapenna

Working Paper Series

The eight Governors of the Great Lakes States signed a proposed new compact for the Great Lakes and St. Lawrence basin on December 13, 2005, and they joined with the Premiers of Ontario and Québec in a parallel agreement on the same topic on the same day. Neither document is legally binding—the proposed new compact because it has not yet been ratified by any state nor consented to by Congress; the parallel agreement because it is not intended to be legally binding. Both documents are designed to preclude the export of water from the Great Lakes-St. Lawrence basin apart ...


Fallibility + Unchecked Power = Trouble, C. Peter Erlinder Oct 2007

Fallibility + Unchecked Power = Trouble, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.


Rendition To Torture: The Case Of Maher Arar: Hearing Before The H. Comm. On Foreign Affairs,, 110th Cong., Oct. 18, 2007 (Statement Of David D. Cole, Geo. U. L. Center), David Cole Oct 2007

Rendition To Torture: The Case Of Maher Arar: Hearing Before The H. Comm. On Foreign Affairs,, 110th Cong., Oct. 18, 2007 (Statement Of David D. Cole, Geo. U. L. Center), David Cole

Testimony Before Congress

No abstract provided.