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Full-Text Articles in Law

The Definition And Jurisdiction Of The Crime Of Aggression And The International Criminal Court, Buhm-Suk Baek Dec 2006

The Definition And Jurisdiction Of The Crime Of Aggression And The International Criminal Court, Buhm-Suk Baek

Cornell Law School J.D. Student Research Papers

The United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court that was held in Rome to establish the International Criminal Court in 1998 finally adopted the Rome Statute with the participation of 160 countries. The Rome Statute of the ICC entered into force on 1 July 2002 and has been ratified by 100 States. What was considered not so long ago merely a dream of a few people has become a reality after the strenuous efforts of the UN over 50 years. However, one central issue still remains unresolved in the Rome Status. It is …


Defense Of Superior Orders In International Criminal Law As Portrayed In Three Trials: Eichmann, Calley And England, Natalia M. Restivo Sep 2006

Defense Of Superior Orders In International Criminal Law As Portrayed In Three Trials: Eichmann, Calley And England, Natalia M. Restivo

Cornell Law School J.D. Student Research Papers

The paper is dedicated to the defense of superior orders in international law. The author discusses attempts to use this defense in three trials, - Adolf Eichmann's, William Calley's and Lynndie England's. The paper juxtaposes the trials and provides conclusions on the success of this defense in each case.


A Reflection On The Chinese Green Card System, Jia Xu Aug 2006

A Reflection On The Chinese Green Card System, Jia Xu

Cornell Law School J.D. Student Research Papers

The issuance of Regulations on Examination and Approval of Permanent Residence of Aliens in China marks the establishment of the green card system in China. It aims to attract world talents as well as foreign investment. It is a very important step concerning China’s open-up policy, but we still have a long way to improve the newly-established system.


A Battle Between Geography Indication And Trademark, Jia Xu Aug 2006

A Battle Between Geography Indication And Trademark, Jia Xu

Cornell Law School J.D. Student Research Papers

In 2005, Administration for Quality, Supervision, Inspection and Quarantine (AQSIQ) issued “Administrative Regulation on Indications of Original Source and Regulation on Protection of Products from Original Sources,” but “Implementing Rules of the Trademark Law of the People's Republic of China” has included the protection of Geography Indication into the trademark law. The two separate tracks of protection of GI have caused much confusion to the intellectual property right holders regarding their property rights. This thesis introduces and compares the concept of trademark and geography indications, analyzes the current protection mode both in China and abroad and discusses how to eliminate …


Saddam Hussein's Trial In Iraq: Fairness, Legitimacy & Alternatives, A Legal Analysis, Christian Eckart May 2006

Saddam Hussein's Trial In Iraq: Fairness, Legitimacy & Alternatives, A Legal Analysis, Christian Eckart

Cornell Law School J.D. Student Research Papers

The paper focuses on Saddam Hussein’s trial in front of the Iraqi High Criminal Court in Baghdad. After providing an overview of the facts surrounding the court’s installation, the applicable international law is identified and the fairness and legitimacy of the current proceedings are analyzed. The paper finishes by considering whether the trial should be relocated and addresses alternative venues that could have been chosen to prosecute Iraq’s ex-dictator.


Reform Suggestions On Sample Labor Contracts In China, Lin Li Apr 2006

Reform Suggestions On Sample Labor Contracts In China, Lin Li

Cornell Law School J.D. Student Research Papers

The labor relationship is the predominant and fundamental relationship in human society. The regulation of this relationship is the most important to human being’s development.

The regulation of the labor relationship is closely linked to personal basic rights and individual destiny.

To regulate the labor relationship, that is, to establish labor rights and duties, depends on labor laws and labor contracts. But in the long history of China, there has been no labor law and labor contract. Since the open door policy was implemented, labor law and the system of labor contract began slowly. However the situation is still far …


Disappearing Acts – Toward A Global Civil Liability Regime For Pollution Damage Resulting From Offshore Oil And Gas Exploration, Kissi Agyebeng Feb 2006

Disappearing Acts – Toward A Global Civil Liability Regime For Pollution Damage Resulting From Offshore Oil And Gas Exploration, Kissi Agyebeng

Cornell Law School J.D. Student Research Papers

Civil liability for pollution damage is recognized and firmly established under international law. However, there is no global international treaty that addresses this issue with respect to offshore oil and gas exploration. This may be due partly to the infrequency of the occurrence of offshore oil well blowouts. However, offshore operations represent a constant threat to the marine environment since the risk of a blowout leading to an ecological disaster is ever present. The trend has been the adoption of regional agreements to tackle the issue. However, most of the regional arrangements deal with the issue in a sidelong manner …