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Full-Text Articles in Law

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.


Of Protection And Sovereignty: Applying The Computer Fraud And Abuse Act Extraterritorially To Protect Embedded Software Outsourced To China , Carrie Greenplate Oct 2007

Of Protection And Sovereignty: Applying The Computer Fraud And Abuse Act Extraterritorially To Protect Embedded Software Outsourced To China , Carrie Greenplate

American University Law Review

No abstract provided.


Reparations: A Comparative Perspective, Fernanda G. Nicola Aug 2007

Reparations: A Comparative Perspective, Fernanda G. Nicola

Articles in Law Reviews & Other Academic Journals

This article focuses on the treatment of reparations in recent jurisprudence of the European Court of Human Rights (ECHR) and the European Court of Justice (ECJ). In the so-called “prisoner cases,” Assanidze v. Georgia and Ilascu and Others v. Moldova and Russia, the ECHR moved beyond its previously limited approach to reparations by finding that continued detention of the lawsuit applicants would entail a prolonged violation of the Convention for the Protection of Human Rights and Fundamental Freedoms and then asking the States to immediately release the prisoners. The author then turns to ECJ immigration cases Zhu v. Sec’y of …


Wal-Mart Bank In Mexico: Money To The Masses And The Home-Host Hole, Anna Gelpern May 2007

Wal-Mart Bank In Mexico: Money To The Masses And The Home-Host Hole, Anna Gelpern

Articles in Law Reviews & Other Academic Journals

In November 2006 Wal-Mart's Mexican subsidiary received approval to open a bank. The application faced little opposition in Mexico, unlike the company's failed effort to start a bank in the United States. This was partly because in Mexico, Wal-Mart's entry was generally regarded as increasing competition in a historically concentrated banking sector. With over three-quarters of all Mexicans unbanked, the authorities also looked to Wal-Mart to reach the underserved. Along with the promise, Wal-Mart's entry presents a transnational regulatory dilemma with implications beyond Wal-Mart and Mexico. Because it is Wal-Mart's only banking venture, the new institution will have its Mexican …


The Cost Of Confusion: Resolving Ambiguities In Detainee Treatment, Kenneth Anderson Jan 2007

The Cost Of Confusion: Resolving Ambiguities In Detainee Treatment, Kenneth Anderson

Reports

This short policy paper considers US counterterrorism policy with particular attention to treatment of detainees in matters of challenging detention, interrogation, trial of detainees, and release. It analyzes the existing US war on terror and considers future policies that would address both national security concerns and human rights/civil liberties concerns. The paper is written by two experts and advocates in counterterrorism-related issues, coming from the center right and the center left in American politics, as part of a project of the Stanley Foundation, Bridging the Foreign Policy Divide, which publishes papers by pairs of experts coming from conservative and progressive …


Peace Agreement Drafting Guide: Darfur, Paul Williams, Matthew Simpson, Christina Sheetz Jan 2007

Peace Agreement Drafting Guide: Darfur, Paul Williams, Matthew Simpson, Christina Sheetz

Books

The Public International Law & Policy Group's (PILPG) Peace Agreement Drafting Guide: Darfur is a comprehensive peace agreement drafting handbook tailored to the upcoming Darfur peace negotiations. The drafting guide presents core elements of relevant topics, outlines the Darfur Peace Agreement (DPA) provisions related to those topics, and provides sample language parties may wish to consider when drafting future provisions. The Darfur Peace Agreement is divided into six chapters: Power Sharing, Wealth Sharing, Ceasefire and Final Security Arrangements, Darfur-Darfur Dialogue and Consultation, General Provisions, and Implementation Modalities and Timelines. The Darfur Peace Agreement also includes six annextures detailing previous agreements …


Internal Displacement: The Guiding Principles On Internal Displacement-Normative Status, And The Need For Effective Domestic Implementation, Robert K. Goldman Jan 2007

Internal Displacement: The Guiding Principles On Internal Displacement-Normative Status, And The Need For Effective Domestic Implementation, Robert K. Goldman

Articles in Law Reviews & Other Academic Journals

No abstract provided.


A 'Social Dimension' In European Private Law? The Call For Setting A Progressive Agenda, Fernanda Nicola, Ugo Mattei Jan 2007

A 'Social Dimension' In European Private Law? The Call For Setting A Progressive Agenda, Fernanda Nicola, Ugo Mattei

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Advances And Missed Opportunities In The International Prosecution Of Gender-Based Crimes, Susana Sacouto Jan 2007

Advances And Missed Opportunities In The International Prosecution Of Gender-Based Crimes, Susana Sacouto

Articles in Law Reviews & Other Academic Journals

INTRODUCTION: In the past decade, and particularly since 1998, there has been an incredible transformation in the treatment of sex-based and gender- based violence' in the fields of international humanitarian law and international criminal law. Before this, crimes committed exclusively or disproportionately against women and girls, in times of conflict, were largely either ignored, or at most, treated as secondary to other crimes. Despite the fact that rape and other forms of sexual violence had been widely reported during World War HI, for instance, the crime of rape was not expressly included in either the London Charter, establishing the International …


Catching Up With The Past: Recent Decisions Of The Inter-American Court Of Human Rights Addressing Gross Human Rights Violations Perpetrated During The 1970-1980s, Claudia Martin Jan 2007

Catching Up With The Past: Recent Decisions Of The Inter-American Court Of Human Rights Addressing Gross Human Rights Violations Perpetrated During The 1970-1980s, Claudia Martin

Articles in Law Reviews & Other Academic Journals

No abstract provided.


El Desarrollo Del Arbitraje Comercial Internacional: Sofisticacion O Complejdad, Horacio A. Grigera Naón Jan 2007

El Desarrollo Del Arbitraje Comercial Internacional: Sofisticacion O Complejdad, Horacio A. Grigera Naón

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Symposium: Walking The Tradition-Modernity Tightrope: Gender Contradictions In Textile Prodution And Intellectual Property Law In Ghana, Boatema Boateng Jan 2007

Symposium: Walking The Tradition-Modernity Tightrope: Gender Contradictions In Textile Prodution And Intellectual Property Law In Ghana, Boatema Boateng

American University Journal of Gender, Social Policy & the Law

No abstract provided.


Raising The Spector Of Discrimination: The Case For Disregarding "Flags Of Convenience" In The Application Of U.S. Anti-Discrimination Laws To Cruise Ships , Paul T. Hinckley Jan 2007

Raising The Spector Of Discrimination: The Case For Disregarding "Flags Of Convenience" In The Application Of U.S. Anti-Discrimination Laws To Cruise Ships , Paul T. Hinckley

The Modern American

No abstract provided.


Updates From The Regional Human Rights Systems, Natalie M. Huls, Sara Ramey Jan 2007

Updates From The Regional Human Rights Systems, Natalie M. Huls, Sara Ramey

Human Rights Brief

No abstract provided.


La Jurisprudencia De La Corte Interamericana De Derechos Humanos En Materia De Reparaciones Y Los Criterios Del Proyecto De Articulos Sobre Responsibilidad Del Estado Por Hecho Internacionalmente Illicitos, Julio Joe Rojas Baez Jan 2007

La Jurisprudencia De La Corte Interamericana De Derechos Humanos En Materia De Reparaciones Y Los Criterios Del Proyecto De Articulos Sobre Responsibilidad Del Estado Por Hecho Internacionalmente Illicitos, Julio Joe Rojas Baez

American University International Law Review

No abstract provided.


Selling Medellin: The Entourage Of Litigation Surrounding The Vienna Convention On Consular Relations And The Weight Of International Court Of Justice Opinions In The Domestic Sphere , Robert Greffenius Jan 2007

Selling Medellin: The Entourage Of Litigation Surrounding The Vienna Convention On Consular Relations And The Weight Of International Court Of Justice Opinions In The Domestic Sphere , Robert Greffenius

American University International Law Review

No abstract provided.


Remarks On Professor B.S. Chimi's A Just World Under Law: A View From The South, Philip Alston Jan 2007

Remarks On Professor B.S. Chimi's A Just World Under Law: A View From The South, Philip Alston

American University International Law Review

No abstract provided.


Six Reasons Why Nuclear Weapons Are More Dangerous Than Ever, Peter Weiss Jan 2007

Six Reasons Why Nuclear Weapons Are More Dangerous Than Ever, Peter Weiss

American University International Law Review

No abstract provided.


The Allocation Of Free Emissions Allowances By Germany To Its Steel Industry: A Possible Subsidy Claim Under The W.T.O. Agreement On Subsides And Countervailing Measures, Vidhi R. Shah Jan 2007

The Allocation Of Free Emissions Allowances By Germany To Its Steel Industry: A Possible Subsidy Claim Under The W.T.O. Agreement On Subsides And Countervailing Measures, Vidhi R. Shah

American University International Law Review

No abstract provided.


Leveling The Playing Field: Is It Time For A Legal Assistance Center For Developing Nations In Investment Treaty Arbitration?, Eric Gottwald Jan 2007

Leveling The Playing Field: Is It Time For A Legal Assistance Center For Developing Nations In Investment Treaty Arbitration?, Eric Gottwald

American University International Law Review

No abstract provided.


Enforcement Of Social And Economic Rights, Albie Sachs Jan 2007

Enforcement Of Social And Economic Rights, Albie Sachs

American University International Law Review

No abstract provided.


Challenges To Maritime Interception Operations In The War On Terror: Bridging The Gap, Sandra L. Hodgkinson, Edward Cook, Thomas Fichter, Christian Fleming, Jonathan Shapiro, Jon Mellis, Brandon Boutelle, Stephen Sarnoski, Gregory P. Noone Jan 2007

Challenges To Maritime Interception Operations In The War On Terror: Bridging The Gap, Sandra L. Hodgkinson, Edward Cook, Thomas Fichter, Christian Fleming, Jonathan Shapiro, Jon Mellis, Brandon Boutelle, Stephen Sarnoski, Gregory P. Noone

American University International Law Review

No abstract provided.


Volume 8 Issue 1, Sustainable Development Law & Policy Jan 2007

Volume 8 Issue 1, Sustainable Development Law & Policy

Sustainable Development Law & Policy

No abstract provided.


Global Climate Change And U.S. Law By Michael B. Gerrard, Ed., Erin Overturf Jan 2007

Global Climate Change And U.S. Law By Michael B. Gerrard, Ed., Erin Overturf

Sustainable Development Law & Policy

No abstract provided.


An Economic Framework For Coordinationting Climate Policy With The Montreal Protocol , Stephen J. Decanio, Catherine S. Norman Jan 2007

An Economic Framework For Coordinationting Climate Policy With The Montreal Protocol , Stephen J. Decanio, Catherine S. Norman

Sustainable Development Law & Policy

No abstract provided.


Overview: Intersection Of Climate Security With Energy Production And Consumption, Vickie Patton Jan 2007

Overview: Intersection Of Climate Security With Energy Production And Consumption, Vickie Patton

Sustainable Development Law & Policy

No abstract provided.


Merging Environmental And Energy Sustainability With Opportunities For U.S Corporations, Longmire Harrison Jan 2007

Merging Environmental And Energy Sustainability With Opportunities For U.S Corporations, Longmire Harrison

Sustainable Development Law & Policy

No abstract provided.


The Development Of Biofuels Within The Context Of The Global Water Crisis, Sara Hughes, Lena Partzsch, Joanne Gaskell Jan 2007

The Development Of Biofuels Within The Context Of The Global Water Crisis, Sara Hughes, Lena Partzsch, Joanne Gaskell

Sustainable Development Law & Policy

No abstract provided.


Academy On Human Rights And Humanitarian Law Articles And Essays Analyzing Reparations In International Human Rights Law: Introduction, Claudia Martin, Diego Rodriguez-Pinzon Jan 2007

Academy On Human Rights And Humanitarian Law Articles And Essays Analyzing Reparations In International Human Rights Law: Introduction, Claudia Martin, Diego Rodriguez-Pinzon

American University International Law Review

No abstract provided.


Protection Of Religious Minorities In Europe: The Council Of Europe's Successes And Failures., Lauren C. Baillie Jan 2007

Protection Of Religious Minorities In Europe: The Council Of Europe's Successes And Failures., Lauren C. Baillie

American University International Law Review

No abstract provided.