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Articles 1 - 30 of 95
Full-Text Articles in Law
Are We Being Propelled Towards A People-Centered Transnational Legal Order?, Claudio Grossman, Daniel D. Bradlow
Are We Being Propelled Towards A People-Centered Transnational Legal Order?, Claudio Grossman, Daniel D. Bradlow
Daniel D. Bradlow
No abstract provided.
Law Of Trade In Human Rights: A Legal Analysis Of The Intersection Of The General Trade Agreement Of Tariff’S Article Xx(B) And Labor Rights Of Children., Paul Cook
Paul Cook
China's child labor is on the rise with its 8% annual economic growth. Children are valued for their labor for several reasons: their cheaper price, their ignorance of their legal rights, their dexterous hands, and good eye sight. The use of juvenile labor is most prevalent in the following industries: toy production, textiles, construction, food production, and light mechanical work. Underage laborers are particularly vulnerable to job related hazards resulting in injury and death, and this is because they tend to be less aware of workplace hazards than do adult workers. Children begin work as early as twelve years old …
International Trade And Economic Relations In A Nutshell, 5th Edition, Ralph Folsom, Michael Gordon, John Spanogle, Michael Van Alstine
International Trade And Economic Relations In A Nutshell, 5th Edition, Ralph Folsom, Michael Gordon, John Spanogle, Michael Van Alstine
Michael P. Van Alstine
This guide on international trade and investment examines the legal rules governing international trade. Initial chapters deal with the legal and practical environment for multinational enterprises (MNEs) engaged in international trade and investment. The work then analyzes the principal international institutions involved in international trade: the World Trade Organization (WTO) and International Monetary Fund (IMF); the essential rules governing the regulation of international trade, including in the General Agreement on Tariffs and Trade (GATT); the system for dispute resolution within the WTO under its Dispute Settlement Body (DSB); restrictions on, and other regulation of, imports, including tariff rates, customs classification …
International Business Transactions In A Nutshell, 9th Edition, Ralph Folsom, Michael Gordon, John Spanogle, Michael Van Alstine
International Business Transactions In A Nutshell, 9th Edition, Ralph Folsom, Michael Gordon, John Spanogle, Michael Van Alstine
Michael P. Van Alstine
This guide examines the principal subjects involved in international business and commercial transactions. It includes chapters on the negotiation of business transactions; the international sale of goods; the role of documentary sales; the use of letters of credit; technology transfers; the initiation, operation, and termination of, as well as limitations imposed on, foreign investments; property takings, including remedies for and options for insuring against such actions; the European Union competition rules; and dispute settlement (both through litigation in state courts and through arbitration). It also addresses throughout the special challenges for business transactions in developing and nonmarket economies.
Re-Imagining Child Soldiers, Mark Drumbl
When The Commerce Clause Goes International: A Proposed Legal Framework For The Foreign Commerce Clause, Naomi Harlin Goodno
When The Commerce Clause Goes International: A Proposed Legal Framework For The Foreign Commerce Clause, Naomi Harlin Goodno
Naomi Harlin Goodno
Congress is allowed “to regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes.” The scope of Congress’s power to regulate commerce “among the several States” (the “Interstate Commerce Clause”) has long been debated. In the modern world of global interaction, Congress’s power to regulate commerce “with foreign Nations” (the “Foreign Commerce Clause”) may soon take center-stage. The U.S. Supreme Court, however, has not yet articulated a legal framework for the Foreign Commerce Clause which has lead to circuit splits and confusion as to the scope of this power. This legal issue has recently surfaced …
Reimagining Child Soldiers In International Law And Policy, Mark Drumbl
Reimagining Child Soldiers In International Law And Policy, Mark Drumbl
Mark A. Drumbl
No abstract provided.
The Index Of Individual Case Reports Of The Inter-American Commission On Human Rights: 1994-1999, Richard J. Wilson
The Index Of Individual Case Reports Of The Inter-American Commission On Human Rights: 1994-1999, Richard J. Wilson
Richard J. Wilson
No abstract provided.
Researching The Jurisprudence Of The Inter-American Commission On Human Rights: A Litigator's Perspective, Richard J. Wilson
Researching The Jurisprudence Of The Inter-American Commission On Human Rights: A Litigator's Perspective, Richard J. Wilson
Richard J. Wilson
No abstract provided.
A Festschrift In Honor Of Seymour J. Rubin, Claudio Grossman, Tom Farer, Andreas J. Jacovides, Herman Schwartz, Bennett Boskey, William Diebold, Christina M. Cerna
A Festschrift In Honor Of Seymour J. Rubin, Claudio Grossman, Tom Farer, Andreas J. Jacovides, Herman Schwartz, Bennett Boskey, William Diebold, Christina M. Cerna
Herman Schwartz
No abstract provided.
Tribunal Justice: The Challenges, The Record, And The Prospects, Nina Ban-Jensen, Tom Gjelten, Roy Gutman, Ivana Nizich, Diane F. Orentlicher, Thomas Warrick
Tribunal Justice: The Challenges, The Record, And The Prospects, Nina Ban-Jensen, Tom Gjelten, Roy Gutman, Ivana Nizich, Diane F. Orentlicher, Thomas Warrick
Diane Orentlicher
No abstract provided.
Conference Convocation, M. Cherif Bassiouni, Charles N. Brower, Claudio Grossman, Diane F. Orentlicher, Tina Rosenberg, David J. Scheffer, Paul Williams
Conference Convocation, M. Cherif Bassiouni, Charles N. Brower, Claudio Grossman, Diane F. Orentlicher, Tina Rosenberg, David J. Scheffer, Paul Williams
Diane Orentlicher
No abstract provided.
Dedication To Waldemar A. Solf, Robert Kogod Goldman, Claudio Grossman, Raymond I. Geraldson, George H. Aldrich, Sally V. Mallison, W. Thomas Mallison
Dedication To Waldemar A. Solf, Robert Kogod Goldman, Claudio Grossman, Raymond I. Geraldson, George H. Aldrich, Sally V. Mallison, W. Thomas Mallison
Claudio M. Grossman
No abstract provided.
Conference Adjournment, Claudio Grossman, Aryeh Neier
Conference Adjournment, Claudio Grossman, Aryeh Neier
Claudio M. Grossman
No abstract provided.
Building The World Community: Challenges To Legal Education And The Wcl Experience, Claudio Grossman
Building The World Community: Challenges To Legal Education And The Wcl Experience, Claudio Grossman
Claudio M. Grossman
No abstract provided.
International Support For International Criminal Tribunals And An International Criminal Court, Claudio Grossman, Gabrielle Kirk Mcdonald, Arlen Specter, Steven "Skippy" Weinstein
International Support For International Criminal Tribunals And An International Criminal Court, Claudio Grossman, Gabrielle Kirk Mcdonald, Arlen Specter, Steven "Skippy" Weinstein
Claudio M. Grossman
No abstract provided.
Conference Convocation, M. Cherif Bassiouni, Charles N. Brower, Claudio Grossman, Diane F. Orentlicher, Tina Rosenberg, David J. Scheffer, Paul Williams
Conference Convocation, M. Cherif Bassiouni, Charles N. Brower, Claudio Grossman, Diane F. Orentlicher, Tina Rosenberg, David J. Scheffer, Paul Williams
Claudio M. Grossman
No abstract provided.
The Inter-American System And Asylum, Claudio Grossman
The Inter-American System And Asylum, Claudio Grossman
Claudio M. Grossman
No abstract provided.
A Festschrift In Honor Of Seymour J. Rubin, Claudio Grossman, Tom Farer, Andreas J. Jacovides, Herman Schwartz, Bennett Boskey, William Diebold, Christina M. Cerna
A Festschrift In Honor Of Seymour J. Rubin, Claudio Grossman, Tom Farer, Andreas J. Jacovides, Herman Schwartz, Bennett Boskey, William Diebold, Christina M. Cerna
Claudio M. Grossman
No abstract provided.
Legal Guardians: Islamic Law, International Law, Human Rights Law, And The Salman Rushdie Affair, Anthony Chase
Legal Guardians: Islamic Law, International Law, Human Rights Law, And The Salman Rushdie Affair, Anthony Chase
Anthony Chase
No abstract provided.
Reparations For The Uyghur Refugees Illegally Detained At Guantánamo Bay, Robin A. Lukes
Reparations For The Uyghur Refugees Illegally Detained At Guantánamo Bay, Robin A. Lukes
Robin A. Lukes
The United States wrongfully captured a group of Uyghur refugees near the Afghanistan-Pakistan border and detained them at Guantánamo Bay. These detentions violated customary international law, conventions and treaties. The International Law Commission’s Articles on Responsibility of States for Internationally Wrongful Acts outline reparations required for a violation of State obligations. In order to fully repair the grave damage inflicted on the Uyghur refugees by their illegal detention, the United States must provide restitution, compensation and satisfaction, including a resettlement option in the United States for the Uyghur refugees who were held or who currently are held at Guantánamo.
Antitrust Regulation Within The European Economic Community, Richard M. Buxbaum
Antitrust Regulation Within The European Economic Community, Richard M. Buxbaum
Richard M. Buxbaum
The article presents information on the antitrust regulation within the European Economic Community. The antitrust provisions of the Rome Treaty are quite straightforward. The escape clause in article 85(3), reflecting French insistence on "reasonable" competition, will unquestionably prove to be the keystone to any eventual Community antitrust law. It is so general that its interpretation is unpredictable. An otherwise null and void practice may be approved if it promotes economic progress while reserving to the consumer an equitable share of the resulting advantages, and neither is an unnecessary restriction nor eliminates competition in a substantial part of the relevant market. …
General Reports Of The Xviiith Congress Of The International Academy Of Comparative Law/Rapports Généraux Du Xviiième Congrès De L’Académie Internationale De Droit Comparé, Karen Brown, David Snyder
General Reports Of The Xviiith Congress Of The International Academy Of Comparative Law/Rapports Généraux Du Xviiième Congrès De L’Académie Internationale De Droit Comparé, Karen Brown, David Snyder
David Snyder
This title presents twenty-nine topics, prepared by leading scholars in more than 20 countries, providing a comparative analysis of cutting-edge legal topics of the 21st century. Considering topics of vital moment to contemporary legal scholars, the title includes pieces on Surrogate Motherhood, The Balance of Copyright in Comparative Perspective, International Law in Domestic Systems, Constitutional Courts as "Positive Legislators," Same-sex Marriage, Climate Change and the Law, The Regulation of Private Equity, Hedge Funds, and State Funds, and Regulation of Corporate Tax Evasion. Each chapter surveys legal developments in the U.S. and Canada, Europe, Asia, Latin and South America, Africa, and …
The Icc And Victim Participation For Victims Of Gender-Based Crimes - A Conflict Of Interest?, Solange Mouthaan Ms
The Icc And Victim Participation For Victims Of Gender-Based Crimes - A Conflict Of Interest?, Solange Mouthaan Ms
Solange Mouthaan Ms
The ICC has adopted a system of victim participation, which, although innovative, is also complex and inconsistent. As a consequence the meaningfulness of victim participation is questioned, because of its adverse effects on judicial proceedings, in particular on the task to be performed by the judges. It further creates false expectations for victims. The Lubanga and Bemba trials highlight that victims of gender-based crimes in particular bear the brunt of this approach. The ICC thus faces a challenge to develop a consistent approach to victims in line with its mandate to victims of vulnerable groups. A way forward is to …
International Business Transactions: Foreign Investment (Special Break-Out Edition), Ralph Folsom, Michael Gordon, John Spanogle, Peter Fitzgerald, Michael Van Alstine
International Business Transactions: Foreign Investment (Special Break-Out Edition), Ralph Folsom, Michael Gordon, John Spanogle, Peter Fitzgerald, Michael Van Alstine
Michael P. Van Alstine
This special break-out edition is adapted from the authors' widely used International Business Transactions: A Problem-Oriented Coursebook, now in its 11th edition (2012). The purpose of this volume is to facilitate a focused study of issues arising out of planning, operating, and terminating foreign investments. After a brief introduction to the conduct of business in the world community, the book uses hypothetical problems to present some of the most typical and important issues arising out of the initiation of a foreign investment, as well as operational, financing, and termination issues. The primary focus is on lawyers as problem solvers .
International Business Transactions: Trade And Economic Relations (Special Break-Out Edition), Ralph Folsom, Michael Gordon, John Spanogle, Peter Fitzgerald, Michael Van Alstine
International Business Transactions: Trade And Economic Relations (Special Break-Out Edition), Ralph Folsom, Michael Gordon, John Spanogle, Peter Fitzgerald, Michael Van Alstine
Michael P. Van Alstine
This is a special break-out edition adapted from the authors' widely used International Business Transactions: A Problem-Oriented Coursebook , 11th. The purpose of this volume is to facilitate a focused study of the law of international trade and economic relations. After a brief introduction to the conduct of business in the world community, the book uses hypothetical problems to present some of the most typical and important issues regarding imports, exports, technology transfers, and dispute settlement in conjunction with related readings and materials. The primary focus is on lawyers, public and private, as problem solvers.
International Business Transactions: Contracting Across Borders (Special Break-Out Edition), Ralph Folsom, Michael Gordon, John Spanogle, Peter Fitzgerald, Michael Van Alstine
International Business Transactions: Contracting Across Borders (Special Break-Out Edition), Ralph Folsom, Michael Gordon, John Spanogle, Peter Fitzgerald, Michael Van Alstine
Michael P. Van Alstine
This special break-out edition is adapted from the authors' widely used International Business Transactions: A Problem-Oriented Coursebook , 11th. The purpose of this volume is to facilitate a focused study of the contractual issues arising out of international sales transactions. After a brief introduction to the conduct of business in the world community, the book uses hypothetical problems to present some of the most typical and important contract law issues arising out of international sales transactions and letters of credit in conjunction with related readings and materials. The primary focus is on lawyers, public and private, as problem solvers.
Default State Attribution Rather Than Dual Attribution In The Troop-Contributing Context, Osama Almughrabi
Default State Attribution Rather Than Dual Attribution In The Troop-Contributing Context, Osama Almughrabi
Osama Almughrabi
This note discusses Mustafic, a recent Dutch appellate court decision in which the court held the Netherlands responsible for the failure of Dutch peacekeeping troops during the Srebrenika massacre. More specifically, the Dutch court held that both the Netherlands and the UN could be held responsible for the actions of those contributed Dutch troops. However, this note argues that this so-called “dual attribution” applied by the Dutch court is not supported by international law, nor is it likely to become international law in the foreseeable future. Instead, the note proposes an original framework for attributing the conduct of contributed troops, …
Rico's Extraterritoriality, Gideon Mark
Rico's Extraterritoriality, Gideon Mark
Gideon Mark
This article examines the extraterritorial application of the Racketeer Influenced and Corrupt Organizations Act (RICO). Federal courts commonly analyzed RICO’s extraterritoriality prior to 2010 by borrowing from securities jurisprudence. That borrowing entailed application of the “conduct” and “effects” tests used to determine whether federal securities laws applied extraterritorially. In 2010 the United States Supreme Court decided Morrison v. National Australia Bank, which rejected use of the conduct and effects tests and thus overruled four decades of extraterritoriality analysis by federal appellate courts in securities cases. This article examines the conflicting paths courts have taken post-Morrison when confronted with extraterritoriality issues …
Brazil Begins To Investigate Its Dark Past, But Is It Too Little Too Late?, Thomas Thompson-Flores
Brazil Begins To Investigate Its Dark Past, But Is It Too Little Too Late?, Thomas Thompson-Flores
Thomas L Thompson-Flores
This article analyzes the history of Brazil, the current legal battle over its Amnesty Law, and finally compares the transitional justice process chosen in Brazil versus other South American countries. An historical background of Brazil from 1964 to the present is given to illustrate the reasons behind the methods chosen by Brazil to implement transitional justice in the country. This historical summary begins with the military’s rise to power in 1964; then discusses the harsh policies implemented by the military in order to maintain its power; the process of democratic transition; and finally the steps taken by Brazil in recent …