Law Commons^™

The Evolving And Challenging Roles Of Certain International Financial Institutions In Developing Countries Under International Law With Particular Reference To Nigeria, South Korea, And Brazil, Sunday C. Ogbodo

Theses and Dissertations

It is no secret that the developing countries and their fragile economies have been struggling all the way from the twentieth (20th) century into the twenty first (21 st) century. It is equally known that the roles of the International Financial Institutions (IFIs) have been evolving partly as a result of their internal developments, and partly as a result of external developments occurring in the international environment that they operate in. It is the realization of the foregoing, and with hopes of finding ways that the IFIs can positively impact the developing countries in their quest for sustained development, that …

Legality Of Responses To The Problems Of International Terrorism And "Failed States" Phenomenon Considering Afghanistan And Iraq Within The Context Of Contemporary International Law Rules And Practice, Olumide Kolawole Obayemi

Theses and Dissertations

The central theme of this thesis is to critique and proffer appropriate legal and military responses to the endemic problems of failed states and international terrorism within context of contemporary international law.

The work will legally define the phenomenon known as "failed states," which encompasses such states where the central government has collapsed and has ceased from providing good life to its citizens.

The dissertation will also look at the definition of Terrorism and Terrorist Organizations. A person or an organization would have engaged in terrorist activities, if they were to commit in an individual capacity or as a member …

Contribution Of The Asian-African Legal Consultative Organization To The Codification And Progressive Development Of International Law, Sompong Sucharitkul

Publications

It is with a sense of delightful nostalgia that the present writer begins to gather his personal recollections of his past association with the Asian-African Legal Consultative Organization (AALCO), an original inter-regional organization, concerned with international legal developments for the AsianAfrican Regions, especially at this juncture as the Regional Organization is preparing to publish a commemorative volume containing essays in international law. The publication is indeed to be welcome. His pleasant recollections of the activities of the inter-regional organization are still so vivid in his fondest memory that a memorable record may be kept and preserved for the benefit of …

Évolution D'Une Notion Nouvelle Le Patrimoine Commun De L'Humanite, Sompong Sucharitkul

Publications

No abstract provided.

Grasp On Water: A Natural Resource That Eludes Nafta's Notion Of Investment, Paul S. Kibel

Publications

This Article begins by outlining the hydrologic and legal restraints to private ownership of water resources. It then details the provisions of NAFTA that pertain to private rights in water, and reports on two highprofile water entitlement cases that have arisen under NAFTA's foreign investor protection regime. The piece concludes by observing that the experience of United States of America (U.S.) federal courts with state water law may provide a jurisprudential template to bring NAFTA into alignment with existing domestic water law and international water treaties.

Rio Grande Designs: Texans' Nafta Water Claim Against Mexico, Paul S. Kibel, Jonathan R. Schultz

Publications

Our article begins with an analysis of the historical context and key provisions in the 1944 Rivers Treaty between Mexico and the United States. Next, we explain the expropriation claims process established by NAFTA's Chapter 11 and describe the environmental controversy that has arisen over its implementation. We follow with an account of the Texans' NAFTA water claim against Mexico, including an analysis of this claim's relation to the Tulare Lake decision and parallel dispute resolution proceedings at the International and Boundary Waters Commission.

At the end of this review, our finding is that the Texans' NAFTA water claim against …

Rape And The Querela In Italy: False Protection Of Victim Agency, Rachel A. Van Cleave

Publications

Italian law requires rape victims to make a formal request that the state prosecute the alleged rapist. This request is called a querela and without such a request prosecution does not proceed, though there are some exceptions. In addition, the request for prosecution is irrevocable; the victim cannot withdraw her request for prosecution. Italian law has included the querela requirement for over one hundred years. It was included in the Zanardelli Code of 1889,3 the first Penal Code of unified Italy, maintained in the Rocco Code of 1930, the Penal Code of Fascist Italy, and-after a great deal of controversy-the …

Living La Vida Lex Mercatoria, Helen E. Hartnell

Publications

My two-year sojourn at the University of Cologne (2004-2006) provided an intense occasion for living la vida lex mercatoria. This essay explores key facets of that experience. At the outset, I approach the topic from a traditional scholarly perspective, first by offering a brief overview of theoretical debates about the lex mercatoria, then by arguing the need for more social scientific (and particularly empirical) research in this field. Next my focus shifts to the Willem C. Vis International Commercial Arbitration Moot (Vis Moot), and considers the role of legal education in reproducing the lex mercatoria as a living phenomenon. In …

Exporting South Africa's Social Rights Jurisprudence, Eric C. Christiansen

Publications

One of the most distinctive elements of South Africa’s jurisprudence has been its willingness to adjudicate socio-economic rights in addition to traditional civil and political rights. While the advancement of social welfare as a whole has clearly proceeded at a far slower pace than political equality, the Constitutional protection of social rights and its enforcement by the Court continues to inspire social justice advocates in their work within South Africa and abroad. Indeed, despite the as-yet inadequate advancement of substantive socio-economic equality, much can be praised about the South African Constitutional project—and much can be learned from it. Particularly, much …

International Travel, Tourism And Sustainable Development Law: A Handbook, Phil Cameron

Theses and Dissertations

Tourism is about travel, cultural exchanges, and job creation. Responsible tourism seeks to meet these goals in a way that will ensure protection of the tourist sites as well as sustainable growth for today's hosts and for future generations of both tourists and hosts. The objective of my research is to illustrate positive and negative impact the law of tourism and travel has on sustainable development. My methodology analyzes developing trends in international law, as well as centuries old traditions of travel law. Then I provide solutions that utilize successful legal regimes to enable sustainable development through tourism.

From my …