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International Law

2007

International Law

Articles 31 - 60 of 65

Full-Text Articles in Law

Diplomatic Immunity Ratione Personae Did The International Court Of Justice Create A New Rule Of Customary International Law In Congo V Belgium, Mark A. Summers Jan 2007

Diplomatic Immunity Ratione Personae Did The International Court Of Justice Create A New Rule Of Customary International Law In Congo V Belgium, Mark A. Summers

Faculty Scholarship

No abstract provided.


Email Service On Foreign Defendants: Time For An International Approach?, Anna Conley, David Stewart Jan 2007

Email Service On Foreign Defendants: Time For An International Approach?, Anna Conley, David Stewart

Anna Conley

No abstract provided.


Using Internet 'Borders' To Coerce Or Punish, Benjamin E. Brockman-Hawe Jan 2007

Using Internet 'Borders' To Coerce Or Punish, Benjamin E. Brockman-Hawe

Benjamin E. Brockman-Hawe

The prevailing ideology of the 1990’s reflected widespread dissatisfaction with the inadequacy and negative humanitarian consequences of broad multilateral economic sanctions.3 This in turn provoked a search on the part of NGO’s, states, UN agencies and academic institutions for an alternative sanctions approach that would remove the significant burden traditional economic sanctions placed on vulnerable segments of society while accomplishing the objectives for which they were imposed. The result of these cooperative efforts - the conceptualization and implementation of “smart” sanctions over the next decade - reformed the multilateral sanctions regime in fundamental ways. The agencies and procedures collectively instituted …


Tribal, State, And Federal Cooperation To Achieve Good Governance, Prof. Elizabeth Burleson Jan 2007

Tribal, State, And Federal Cooperation To Achieve Good Governance, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

Jurisdictional uncertainty affects tribal sovereignty and public safety. Management of natural resources remains one of the few realms of authority over which tribes have retained control. Ancient wild rice harvesting by the Chippewa provides a context in which to consider a tribes ability to set water standards, as does Pueblo ceremonial use of the Rio Grande River. Cooperative tribal, state, federal, and international responses to the Methamphetamine crisis can address both environmental and human health. This study examines the prospect for integrated protection of health and habitat based upon comity and cooperation. It examines the parameters of homeland security and …


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.


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.


A Just World Under Law: A View From The South, B.S. Chimni Jan 2007

A Just World Under Law: A View From The South, B.S. Chimni

American University International Law Review

No abstract provided.


The Safta Dispute Settlement Mechanism: An Attempt To Resolve Or Merely Perpetuate Conflict In The South Asian Region?, Amala Nath Jan 2007

The Safta Dispute Settlement Mechanism: An Attempt To Resolve Or Merely Perpetuate Conflict In The South Asian Region?, Amala Nath

American University International Law Review

No abstract provided.


Iran And The Limits Of The Nuclear Non-Proliferation Regime, Michael Spies Jan 2007

Iran And The Limits Of The Nuclear Non-Proliferation Regime, Michael Spies

American University International Law Review

No abstract provided.


Chopping Away At Chapter 11: The Softwood Lumber Agreement's Effect On The Nafta Investor-State Dispute Resolution Mechanism, Matthew T. Simpson Jan 2007

Chopping Away At Chapter 11: The Softwood Lumber Agreement's Effect On The Nafta Investor-State Dispute Resolution Mechanism, Matthew T. Simpson

American University International Law Review

No abstract provided.


Introduction Of President Luzius Wildhaber, Stephen G. Breyer Jan 2007

Introduction Of President Luzius Wildhaber, Stephen G. Breyer

American University International Law Review

No abstract provided.


The European Court Of Human Rights: The Past, The Present, The Future , Luzius Wildhaber Jan 2007

The European Court Of Human Rights: The Past, The Present, The Future , Luzius Wildhaber

American University International Law Review

No abstract provided.


The Role Of The International Criminal Court In Enforcing International Criminal Law, Philippe Kirsch Jan 2007

The Role Of The International Criminal Court In Enforcing International Criminal Law, Philippe Kirsch

American University International Law Review

No abstract provided.


Regulating Voice Over Internet Protocol: An E.U./U.S. Comparative Approach, Daniel B. Garrie, Rebecca Wong Jan 2007

Regulating Voice Over Internet Protocol: An E.U./U.S. Comparative Approach, Daniel B. Garrie, Rebecca Wong

American University International Law Review

No abstract provided.


Who's Afraid Of The Geneva Conventions? Treaty Interpretation In The Wake Of Hamdan V. Rumsfeld, Anthony Clark Arend Jan 2007

Who's Afraid Of The Geneva Conventions? Treaty Interpretation In The Wake Of Hamdan V. Rumsfeld, Anthony Clark Arend

American University International Law Review

No abstract provided.


Personal Data Privacy Tradeoffs And How A Swedish Church Lady, Austrian Public Radio Employees, And Transatlantic Air Carriers Show That Europe Does Not Have The Answers, Edward C. Harris Jan 2007

Personal Data Privacy Tradeoffs And How A Swedish Church Lady, Austrian Public Radio Employees, And Transatlantic Air Carriers Show That Europe Does Not Have The Answers, Edward C. Harris

American University International Law Review

No abstract provided.


Forward: Lessons From The Saddam Trial, Michael P. Scharf Jan 2007

Forward: Lessons From The Saddam Trial, Michael P. Scharf

Faculty Publications

Forward to the conference on "Lessons from the Daddam Trial."


Global Reach, Local Grasp: Constructing Extraterritorial Jurisdiction In The Age Of Globalization, Steve Coughlan, Robert Currie, Hugh Kindred, Teresa Scassa Jan 2007

Global Reach, Local Grasp: Constructing Extraterritorial Jurisdiction In The Age Of Globalization, Steve Coughlan, Robert Currie, Hugh Kindred, Teresa Scassa

Articles, Book Chapters, & Popular Press

The reach of national law is often greater than its grasp. Canada, like other countries, has effective legal power over its territory and all within it. However, one consequence of the current process of globalization, for good or ill, is that Canadian interests are no longer contained exclusively within Canadian borders. Canada thus finds it increasingly necessary to consider asserting its legal jurisdiction beyond its frontiers. Such extraterritorial assertion of Canadian authority may well run into strong opposition from other countries, who might view Canada as attempting to intervene in their own national territory and domestic affairs. Likewise, other states, …


Mission Possible: Reciprocal Deference Between Domestic Regulatory Structures And The Wto, Elizabeth Trujillo Jan 2007

Mission Possible: Reciprocal Deference Between Domestic Regulatory Structures And The Wto, Elizabeth Trujillo

Faculty Scholarship

One of the goals of Article III of GATT is to invalidate domestic regulatory measures, including taxes and non-fiscal policies that amount to non-tariff barriers to trade (NTB) and therefore violate the principles of national treatment. While internal policies that directly discriminate between products based on nationality or origin are clearly in violation of national treatment principles, it is the facially neutral regulatory measures with protectionist and discriminatory effects that are more difficult to assess, even within transparent regulatory processes. However, with their emphasis on the likeness of the products in question, WTO panels run the risk of alienating member …


Goodbye To All That? A Requiem For Neoconservatism, Kenneth Anderson Jan 2007

Goodbye To All That? A Requiem For Neoconservatism, Kenneth Anderson

American University International Law Review

No abstract provided.


Torts And Terror: Rethinking Deterrence Models And Catastrophic Terrorist Attack, James Kraska Jan 2007

Torts And Terror: Rethinking Deterrence Models And Catastrophic Terrorist Attack, James Kraska

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.


International Legal Updates, Natalie Huls, Art Steele, Mihir Mankad, Huwaida Arraf, Courtney Nicolaisen, Miya Saika Chen Jan 2007

International Legal Updates, Natalie Huls, Art Steele, Mihir Mankad, Huwaida Arraf, Courtney Nicolaisen, Miya Saika Chen

Human Rights Brief

No abstract provided.


International Legal Updates, Matthew Solis, Jennifer Jaimes, Rukayya Furo, Ari Levin, Morgan E. Rog, Mahreen Gillani, Alex Cheng Jan 2007

International Legal Updates, Matthew Solis, Jennifer Jaimes, Rukayya Furo, Ari Levin, Morgan E. Rog, Mahreen Gillani, Alex Cheng

Human Rights Brief

No abstract provided.


Illegal Peace? Power Sharing With Warlords In Africa, Jeremy I. Levitt Jan 2007

Illegal Peace? Power Sharing With Warlords In Africa, Jeremy I. Levitt

Journal Publications

This paper examines the legality of power-sharing in Africa with specific reference to the Accra and Lome accords, which brought about a fragile cessation of the conflicts in Liberian and Sierra Leone, respectively. It examines the future of international criminal law vis-a-vis power-sharing by prospectively examining gaps in state practice and rules that arguably permit the "crime of illegal peace" by insurrectionists, political elites, and moral guarantors. When warlords use violence to coerce democratically constituted governments to share power, does power-sharing simply become a euphemism for "guns for jobs"? Which legal rules, if any, govern peace agreements in internal conflicts? …


Justice Without Politics: Prosecutorial Discretion And The International Criminal Court, Alexander K.A. Greenawalt Jan 2007

Justice Without Politics: Prosecutorial Discretion And The International Criminal Court, Alexander K.A. Greenawalt

Elisabeth Haub School of Law Faculty Publications

The ICC Prosecutor's own charging policies should be prepared to give way to the judgments of legitimate political actors in times of political transition when actual arrests are more likely and competing justice proposals pose a more troubling challenge to the ICC's authority. In that scenario, I argue that the Prosecutor should encourage legitimate political actors to reach policy decisions that will command deference by the ICC. Such deference could take one or both of the following forms: (1) explicit deference to political actors, principally the U.N. Security Council acting under Chapter VII of the U.N. Charter, and (2) implied …


Congress, The Supreme Court, And Enemy Combatants: How Lawmakers Buoyed Judicial Supremacy By Placing Limits On Federal Court Jurisdiction, Neal Devins Jan 2007

Congress, The Supreme Court, And Enemy Combatants: How Lawmakers Buoyed Judicial Supremacy By Placing Limits On Federal Court Jurisdiction, Neal Devins

Faculty Publications

No abstract provided.