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Articles 1 - 30 of 46
Full-Text Articles in Law
The Protection Of Foreign Direct Investments In Developing And Emerging Markets Through The Instrumentality Of Arbitration: Fair Game?, Florence Shu-Acquaye
The Protection Of Foreign Direct Investments In Developing And Emerging Markets Through The Instrumentality Of Arbitration: Fair Game?, Florence Shu-Acquaye
Faculty Scholarship
Investment treaties have tripled in the twenty-first century with over 170 countries signing onto bilateral investment treaties (BITs). Most BITs are made between a developed and a developing country, whereby a host country promises to protect home country's foreign direct investment (FDI) in exchange for the prospect of increased capital in the future. Hence, BITs tend to reduce the expected risks to FDI in that they stabilize a host country's existing investment environment, as well as provide a substitute for weak domestic laws and institutions that are often ill-equipped to protect FDI.
Due Process For U.S. Permanent Residents: The Rights To Counsel, Sandra E. Bahamonde
Due Process For U.S. Permanent Residents: The Rights To Counsel, Sandra E. Bahamonde
ILSA Journal of International & Comparative Law
In 1945, the U.S. Supreme Court held that deportation is a serious penalty that may result in the loss of "all that makes life worth living."' This statement is as true today as it was nearly seventy years ago.
Combating Human Trafficking-The U.S. Government's Response: A Panel And A Perspective On Counter-Trafficking In Persons, Norman L. Greene, Eric Beinhart
Combating Human Trafficking-The U.S. Government's Response: A Panel And A Perspective On Counter-Trafficking In Persons, Norman L. Greene, Eric Beinhart
ILSA Journal of International & Comparative Law
Combating Human Trafficking-The U.S. Government's Response was a multi-agency, multi-disciplinary webinar held at the George Washington University Law School before a live audience at the Law School and on the internet on March 20, 2012, sponsored by the Law School and the American Bar Association Section of International Law' as well as by The American Society of International Law.
The 2013 Philip C. Jessup International Law, Alfurna, The State Of Rustasia
The 2013 Philip C. Jessup International Law, Alfurna, The State Of Rustasia
ILSA Journal of International & Comparative Law
The initial territory of Alfurna was located in the Bay of Singri, formed of two low-lying islands: Batri and Engili.
U.S. Policies Towards And In The U.N Security Council, Jose E. Alvarez
U.S. Policies Towards And In The U.N Security Council, Jose E. Alvarez
ILSA Journal of International & Comparative Law
For at least twelve years, Security Council reformers have proposed many ways to enlarge the size and diversify the composition of that body.
Current And Future Issues In International Space Law, Professor Henry Hertzfeld
Current And Future Issues In International Space Law, Professor Henry Hertzfeld
ILSA Journal of International & Comparative Law
Space law is a relatively new area of law and is based mainly on a set of United Nations (U.N.) Treaties negotiated during the 1960s and 1970s.
Comments On The Reforms To The Mexican Energy Laws Of 2008, Antonio Riva Palacio Lavin
Comments On The Reforms To The Mexican Energy Laws Of 2008, Antonio Riva Palacio Lavin
ILSA Journal of International & Comparative Law
A strong discussion has taken place in Mexico since the beginning of this millennium concerning the legal reform of the energy sector, particularly the Mexican government's oil company, Petr6leos Mexicanos (Pemex).
Custom As A Source Of Law: Argentinean And Comparative Legal Systems, German Savastano
Custom As A Source Of Law: Argentinean And Comparative Legal Systems, German Savastano
ILSA Journal of International & Comparative Law
The purpose of this article is to reflect on custom as a source of law in the Argentinean and comparative legal systems.
The United States And International Criminal Tribunals: An Historical Analysis, Harry M. Rhea
The United States And International Criminal Tribunals: An Historical Analysis, Harry M. Rhea
ILSA Journal of International & Comparative Law
The relationship between the United States and international criminal tribunals has lasted for almost 100 years at least.
The Interaction Of Legal Systems In The Work Of The International Criminal Tribunal For The Former Yugoslavia, H.E. Judge Patrick Robinson
The Interaction Of Legal Systems In The Work Of The International Criminal Tribunal For The Former Yugoslavia, H.E. Judge Patrick Robinson
ILSA Journal of International & Comparative Law
The International Criminal Tribunal for the Former Yugoslavia (Tribunal) where I work is a court with a mandate to try individuals for the most serious violations of international humanitarian law committed during the conflict that engulfed Yugoslavia in the 1990s.
Legal Limbo: Where Should The Guantanamo Uighurs Be Released?, William L. Tucker
Legal Limbo: Where Should The Guantanamo Uighurs Be Released?, William L. Tucker
ILSA Journal of International & Comparative Law
The September 11, 2001 attacks on the United States shocked the world's conscience and changed the American public's feeling of vulnerability.
Executive Summary: Thawing A Frozen Conflict: Legal Aspects Of The Separatist Crisis In Moldova, Special Committee On European Affairs Of The New York City Bar
Executive Summary: Thawing A Frozen Conflict: Legal Aspects Of The Separatist Crisis In Moldova, Special Committee On European Affairs Of The New York City Bar
ILSA Journal of International & Comparative Law
Moldova is the poorest country in Europe and it is enmeshed in a seemingly intractable separatist conflict involving ethnic tensions, Russian troops, Soviet-era arms stockpiles, smuggling, money-laundering, and corruption.
Strategy In International Litigation, John Fellas
Strategy In International Litigation, John Fellas
ILSA Journal of International & Comparative Law
The choice of forum in international litigation-which country's courts will hear the dispute--can be outcome determinative.
Can A State Or A Head Of State Claim The Benefit Of Immunities In Case An International Crime Has Been Committed?, Brigitte Stern
Can A State Or A Head Of State Claim The Benefit Of Immunities In Case An International Crime Has Been Committed?, Brigitte Stern
ILSA Journal of International & Comparative Law
I propose to deal with a topic which is at the crossroads of what I see as the main tension in international law today. This is the tension-not to say more-between state sovereignty, on one side, and the protection of the human rights of individuals on the other.
The Cards As A Payment Method And As A Financial Service In Spain: The Responsibility System, Immaculada Barral Vinals
The Cards As A Payment Method And As A Financial Service In Spain: The Responsibility System, Immaculada Barral Vinals
ILSA Journal of International & Comparative Law
It is not uncommon to hear credit cards referred to as "plastic money".
Global Administrative Law: Global Governance Of The Global Positioning System And Galileo, Sang Wook Daniel Han
Global Administrative Law: Global Governance Of The Global Positioning System And Galileo, Sang Wook Daniel Han
ILSA Journal of International & Comparative Law
The Global Positioning System (GPS) is a space-based positioning, navigation and timing (PNT) system originally developed by the Depart- ment of Defense of the United States government in early 1970s.1
The Need For Judicial Activism Acceptance Speech, Dr. Tariq Hassan
The Need For Judicial Activism Acceptance Speech, Dr. Tariq Hassan
ILSA Journal of International & Comparative Law
Honorable President, Dean of the Shepard Broad Law Center, members of the faculty, respected students, distinguished guests, ladies and gentlemen.
A Primer On International Environmental Law: Sustainability As A Principle Of International Law And Custom, Mark S. Blodgett, Richard J. Hunter, Hector R. Lozada
A Primer On International Environmental Law: Sustainability As A Principle Of International Law And Custom, Mark S. Blodgett, Richard J. Hunter, Hector R. Lozada
ILSA Journal of International & Comparative Law
International environmental law draws from two important sources: international treaties and conventions' and customary international law.
Criminal Conspiracy And The Military Commissions Act: Two Minds That May Never Meet, Charles H. Rose Iii
Criminal Conspiracy And The Military Commissions Act: Two Minds That May Never Meet, Charles H. Rose Iii
ILSA Journal of International & Comparative Law
Good morning. I wish to thank my fellow panelists, the International Law Society, and the New York City Bar Association for hosting this excellent conference.
Choice Of Law, Maintenance And Income: Imputation, Optimization And Impact-Whose Vision, Whose Reality?, David S. Rosettenstein
Choice Of Law, Maintenance And Income: Imputation, Optimization And Impact-Whose Vision, Whose Reality?, David S. Rosettenstein
ILSA Journal of International & Comparative Law
America has struggled through over a half a century of frustration trying to create a viable framework for the establishment, modification, and enforcement of child support obligations.
Conservative Bastion Or Progressive Problem Solver: The Evolving Face Of Military Jurisprudence And International Law, Victor Hansen
Conservative Bastion Or Progressive Problem Solver: The Evolving Face Of Military Jurisprudence And International Law, Victor Hansen
ILSA Journal of International & Comparative Law
The theme of our presentation is "Military Jurisprudence: Bastion of Conservatism or Progressive Problem Solver."
Analyzing The International Criminal Court Complementarity Principle Through A Federal Courts Lens, Ada Sheng
Analyzing The International Criminal Court Complementarity Principle Through A Federal Courts Lens, Ada Sheng
ILSA Journal of International & Comparative Law
The signing of the Rome Statute that created the International Criminal Court (ICC) was viewed by many in the international law community as a constitutional moment not unlike the passage of the Judiciary Act of 1789.
Comentario: La Decision Del Tribunal De Justicia De Las Comunidades Europeas De Anular El Acuerdo Entre Los Estados Unidos Y La Comunidad Europea En Cuanto A La Transferencia Detos De Registro De Nombres Personales, Sus Efectos, Y Recomendaciones Para Una Nueva Solucion, Vanessa Serrano
ILSA Journal of International & Comparative Law
Como consecuencia de los ataques terroristas del I I de septiembre en los Estados Unidos, el gobiemo estadounidense implement6 nuevas leyes y regulaciones para aerolineas intemacionales que aterrizan en aeropuertos estadounidenses.
Comment: The European Court Of Justice's Decision To Annul The Agreement Between The United States And European Community Regarding The Transfer Or Personal Name Record Data, Its Effects, And Recommendations For A New Solution, Vanessa Serrano
ILSA Journal of International & Comparative Law
As a result of the September 11 th terrorist attacks on the United States, the U.S. government implemented new laws and regulations for international air carriers landing in U.S. airports.
Detention In The "War On Terror": Constitutional Interpretation Informed By The Law Of War, Alec Walen, Ingo Venzke
Detention In The "War On Terror": Constitutional Interpretation Informed By The Law Of War, Alec Walen, Ingo Venzke
ILSA Journal of International & Comparative Law
In waging the "war on terror," the United States (U.S.) has detained numerous individuals for many years and claims the right to detain them for their whole lives on the ground that they are dangerous.
The Icc In Darfur-Savior Or Spoiler?, Philipp Kastner
The Icc In Darfur-Savior Or Spoiler?, Philipp Kastner
ILSA Journal of International & Comparative Law
As we have witnessed since the beginning of the 1990s, international law, in particular international criminal justice, can have a significant impact on the peace process and the reconciliation of societies in post-conflict periods.
The Right To Resist The Government: Tyranny, Usurpation, And Regicide In Shakespeare's Plays, C.M.A. Mccauliff
The Right To Resist The Government: Tyranny, Usurpation, And Regicide In Shakespeare's Plays, C.M.A. Mccauliff
ILSA Journal of International & Comparative Law
William Shakespeare (1564-1616) lived in turbulent times. In the guise of examining what the Romans had done, political authority was being challenged seriously from various points along the political spectrum, from communal to individual demands and absolutist stances to the Diggers of the mid- 17th century.
Presidential Authority And The War On Terror, Joseph W. Dellapenna
Presidential Authority And The War On Terror, Joseph W. Dellapenna
ILSA Journal of International & Comparative Law
I]t is an established fact that documents justifying and authorizing the abusive treatment ofdetainees during interrogation were approved and distributed
Listening To The Enemy: The President's Power To Conduct Surveillance Of Enemy Communications During Time Of War, John C. Eastman
Listening To The Enemy: The President's Power To Conduct Surveillance Of Enemy Communications During Time Of War, John C. Eastman
ILSA Journal of International & Comparative Law
Ever since the New York Times published classified information in December 2005' about the efforts by the National Security Agency to intercept enemy communications to or from sources in the United States (as authorized by the President in his capacity as Commander-In-Chief), there has been a great hew and cry about the President's "illegal" conduct.
The Importance Of Defining "War": Terrorism, Torture, Humanitarian Intervention And Private Military Companies, Joseph Runzo, Ph.D.
The Importance Of Defining "War": Terrorism, Torture, Humanitarian Intervention And Private Military Companies, Joseph Runzo, Ph.D.
ILSA Journal of International & Comparative Law
As the immediate aftermath of 9-11 illustrated, war-and the threat of war-brings people in a society closer together as they look for security