Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Human Rights Law (6)
- Dispute Resolution (2)
- European Court of Human Rights (2)
- Foreign Investment (2)
- Genocide (2)
-
- International Law: History (2)
- Investment (2)
- States (2)
- United Nations (2)
- Violence (2)
- Arbitration (1)
- BIT (1)
- Bank regulation (1)
- Basel Committee on Banking Supervision (1)
- Bush administration (1)
- Capacity (1)
- Censorship (1)
- Commercial Arbitration (1)
- Convention for the Protection of Human Rights and Fundamental Freedoms (1)
- Counterterrorism (1)
- Counterterrorism court (1)
- Courts (1)
- Crimes (1)
- Crimes Against Humanity (1)
- Criminal Intent (1)
- Defamation (1)
- Disproportionate (1)
- Documents (1)
- Empirical Legal Studies (1)
- European Court of Justice (1)
Articles 1 - 16 of 16
Full-Text Articles in Law
Reparations: A Comparative Perspective, Fernanda G. Nicola
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
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 …
Internal Displacement: The Guiding Principles On Internal Displacement-Normative Status, And The Need For Effective Domestic Implementation, Robert K. Goldman
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
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
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
Articles in Law Reviews & Other Academic Journals
No abstract provided.
El Desarrollo Del Arbitraje Comercial Internacional: Sofisticacion O Complejdad, Horacio A. Grigera Naón
El Desarrollo Del Arbitraje Comercial Internacional: Sofisticacion O Complejdad, Horacio A. Grigera Naón
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Inter-American System, Claudia Martin
Inter-American System, Claudia Martin
Articles in Law Reviews & Other Academic Journals
No abstract provided.
U.S. Counterterrorism Policy And Superpower Compliance With International Human Rights Norms, Kenneth Anderson
U.S. Counterterrorism Policy And Superpower Compliance With International Human Rights Norms, Kenneth Anderson
Articles in Law Reviews & Other Academic Journals
This essay, originally prepared for a symposium on Guantanamo and international law, provides an brief overview of the elements that a comprehensive US counterterrorism should encompass. This overview is set against the question of how the US, as the world's superpower, ought to address its international law obligations. The essay then sets that question against the still-further question of what it means to be the superpower in a world that some believe is gradually evolving into a multipolar world, but which is currently a world of a conjoined US-international global system of security.
The essay defends the concept of counterterrorism …
Aesthetics Of Commercial Law: Domestic And International Implications, Heather Hughes
Aesthetics Of Commercial Law: Domestic And International Implications, Heather Hughes
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Empiricism And International Law: Insights For Investment Treaty Dispute Resolution, Susan Franck
Empiricism And International Law: Insights For Investment Treaty Dispute Resolution, Susan Franck
Articles in Law Reviews & Other Academic Journals
While scholars in the United States increasingly focus on the empirical dimension of legal scholarship, there have been challenges in using empiricism to explore international legal issues. Rather than relying on logic or instinct alone, empirical methodologies can provide scholars with tools to gain new facts, see existing ideas through a different lens, and engage in a more nuanced analysis of international law phenomena. There appears to be a natural synergy between empiricism and international investment treaty dispute resolution. With calls for trade time outs by U.S. presidential candidates, there is interest in how investment treaties function, whether they achieve …
Training Law Students To Be International Transactional Lawyers - Using An Extended Simulation To Educate Law Students About Business Transactions, Daniel D. Bradlow, Jay Finkelstein
Training Law Students To Be International Transactional Lawyers - Using An Extended Simulation To Educate Law Students About Business Transactions, Daniel D. Bradlow, Jay Finkelstein
Articles in Law Reviews & Other Academic Journals
The article describes an innovative approach to educating law students about the legal issues and the role of lawyers in negotiating international business transactions. It is based on our experiences in developing and teaching a course that is built around a semester-long simulation exercise and taught in counterpart classes at two law schools. The students in these classes represent the opposing parties and negotiate a cross-border business transaction involving a joint venture agreement, a licensing agreement and a long-term supply contract. The students, who attend either the American University Washington College of Law or the Centre for Energy Mineral and …
Private Finance, Social Responsibility, And Transitional Justice: The Case For South African Reconciliation And Development Bonds, Daniel D. Bradlow
Private Finance, Social Responsibility, And Transitional Justice: The Case For South African Reconciliation And Development Bonds, Daniel D. Bradlow
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Remarks On Intervention, Juan E. Mendez
Remarks On Intervention, Juan E. Mendez
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Humanitarian Intervention: The New Missing Link In The Fight To Prevent Crimes Against Humanity And Genocide, Paul Williams
Humanitarian Intervention: The New Missing Link In The Fight To Prevent Crimes Against Humanity And Genocide, Paul Williams
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Inter-American System, Diego Rodriguez-Pinzon
Inter-American System, Diego Rodriguez-Pinzon
Articles in Law Reviews & Other Academic Journals
No abstract provided.