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Articles 31 - 60 of 127
Full-Text Articles in Law
The Supremacy Of United States (Maritime) Law Revisited, Andrew Brown
The Supremacy Of United States (Maritime) Law Revisited, Andrew Brown
Annual Survey of International & Comparative Law
No abstract provided.
The Jordan River Basin And The Mountain Aquifer: The Transboundary Freshwater Disputes Between Israel, Jordan, Syria, Lebanon And The Palestinians, Rose M. Mukhar
Annual Survey of International & Comparative Law
This study discusses the settlement of water disputes in the Middle East and focuses on two disputes in particular relating to the Jordan River basin and the Mountain Aquifer in the West Bank. There is a genuine need for an all-inclusive approach by the parties utilizing these international transboundary waters. The first dispute relates to the sharing of the surface water of the Jordan River basin between Israel, Jordan, Lebanon, Syria and the Palestinians of the West Bank. The second dispute concerns the shared utilization of the ground water resources from the Mountain Aquifer that extends from the West Bank …
No Duty To Save Lives, No Reward For Rescue: Is That Truly The Current State Of International Salvage Law?, Jason Parent
No Duty To Save Lives, No Reward For Rescue: Is That Truly The Current State Of International Salvage Law?, Jason Parent
Annual Survey of International & Comparative Law
Many scholars argue that international maritime salvage law, and particularly American salvage law, not only does little to encourage "pure" life salvage on the high seas, but outright discourages the rescue of human life. Conversely, this author takes a novel stance - not only does current international salvage law promote pure life salvage through its tenets and compensation scheme, but American salvage law, on its face and as applied, violates international law binding upon America. Part I of this comment discusses current international salvage law - its inception, its purposes and its results. Part II places American life salvage law …
Legal Standards Governing Pre-Emptive Strikes And Forcible Measures Of Anticipatory Self-Defense Under The U.N. Charter And General International Law, Olumide K. Obayemi
Legal Standards Governing Pre-Emptive Strikes And Forcible Measures Of Anticipatory Self-Defense Under The U.N. Charter And General International Law, Olumide K. Obayemi
Annual Survey of International & Comparative Law
The thesis of this article argues that while the use of preemptive military strikes, now adopted by the United States against non-state actors and rogue states, appears to be justified under international law, such a military exercise must be subject to well defined and clearly stated international legal rules.
Sovereignty Over Natural Resources Under Examination: The Inter-American System For Human Rights And Natural Resource Allocation, Lila Barrera-Hernández
Sovereignty Over Natural Resources Under Examination: The Inter-American System For Human Rights And Natural Resource Allocation, Lila Barrera-Hernández
Annual Survey of International & Comparative Law
The present paper is based on the contention that, by virtue of the impact of resource exploitation on individuals, international human rights' tribunals and bodies, particularly the organs of the Inter-American System, are increasingly in the position of "allocator" of natural resources, giving new meaning to the concept of permanent sovereignty.
A Right To Democracy In International Law: Its Implications For Asia, Same Varayudej
A Right To Democracy In International Law: Its Implications For Asia, Same Varayudej
Annual Survey of International & Comparative Law
This paper will first look at the traditional concept of sovereignty and the undemocratic features of traditional international law. It will then discuss the development of democratic governance in the United Nations and regional international organisations, as well as the pro-democratic interventions in international law. Moreover, the paper will critically analyse the recent claims by prominent international legal scholars that a "right to democracy" is now emerging in international law and that all communities are entitled to democratic rules of governance. It will then consider whether, and to what extent, the notion of democratic entitlement has crystallised into a customary …
What's New In The Neighborhood - The Export Of The Dmca In Post-Trips Ftas, Anne Hiaring
What's New In The Neighborhood - The Export Of The Dmca In Post-Trips Ftas, Anne Hiaring
Annual Survey of International & Comparative Law
This paper will first discuss the historical use of trade regulation to regulate intellectual property law protection outside the U.S., then will discuss the history of the WIPO Internet Treaties, the implementation of them in the DMCA, the provisions of the Induce Act, and the DMCA derived provisions in the 2003 FTA with Singapore.
Comparing U.S. And E.U. Strategies Against Weapons Of Mass Destruction: Some Legal Consequences, Milagros Alvarez-Verdugo
Comparing U.S. And E.U. Strategies Against Weapons Of Mass Destruction: Some Legal Consequences, Milagros Alvarez-Verdugo
Annual Survey of International & Comparative Law
International regulation and control of WMD is not a United States - European Union bilateral issue, but it appears on the political agenda of the transatlantic relation and agreements or disagreements between the two have international consequences. Agreements signal joint action by an important part of the international community and, often, can inspire or encourage universal commitments as well as other international actions. Disagreements, however, block such joint action and, sometimes, impede international measures of universal (or at least collective) scope. Within this context, the purpose of this article is to analyze how these two major international actors, the United …
Economic Justification For Sui Generis Databases, Chana Rungrojtanakul
Economic Justification For Sui Generis Databases, Chana Rungrojtanakul
Annual Survey of International & Comparative Law
This article explores important economic mechanisms and competition law that have been used to promote the competitiveness of the database industries. Section II explains fundamental economic theories that lead to an understanding of the concept of an efficient and perfect competition within the database industries. Section III analyzes judicial decisions of the two economic parties, the European Union and the United States of America, that apply competition law to create a fair reproduction and dissemination of factual contents and to prevent unfair competition derived from an attempt to dominate the free flow of contents in the market. Section IV examines …
Applicable Law In International Terrorist Threats And Attacks And The Consequences Of Error In Personam, Somcharti Sucharitkul
Applicable Law In International Terrorist Threats And Attacks And The Consequences Of Error In Personam, Somcharti Sucharitkul
Annual Survey of International & Comparative Law
The objective of this paper is neither to reiterate the diversity of definitions nor to corroborate a particular position on the concept of international terrorism but to facilitate the search for the definition of international terrorism, which seems to be of immediate and urgent priority in the context of 21 st century globalization. In my attempt to identify the contemporary core terrorist threat, I will first focus on a model of distinction based on the applicable law in Part I. I will discuss why this model is appropriate and compatible with the trends of international law dealing with international terrorism. …
Fighting The War On Terrorism With The Legal System: A Defense Of Military Commissions, Jessica Erin Tannenbaum
Fighting The War On Terrorism With The Legal System: A Defense Of Military Commissions, Jessica Erin Tannenbaum
Annual Survey of International & Comparative Law
In early 2002, the United States began transporting prisoners captured in Afghanistan to the naval base at Guantanamo Bay. Almost immediately, an uproar broke out over the detention of prisoners there. The United States was, and continues to be, almost universally criticized by the international community for its handling of the prisoners at Guantanamo Bay. The most common criticisms are of the detention of accused terrorists without charges and the indefinite detention of non-citizens certified as dangers to national security as authorized by the USA PATRIOT Act. Although all of the issues regarding the detention of prisoners in the War …
The Case For Intervention In The Humanitarian Crisis In The Sudan, Leilani F. Battiste
The Case For Intervention In The Humanitarian Crisis In The Sudan, Leilani F. Battiste
Annual Survey of International & Comparative Law
The humanitarian crisis in Darfur presents one of the greatest challenges to the international community since the coordinated massacre of over 800,000 people in Rwanda in 1994. The mass murder of national, ethnic and tribal groups at the hands of both the Sudanese Government and the pro-Arab, government-backed militias, known as the janjaweed, is deemed responsible for the deaths of tens of thousands of black Sudanese in the region. Despite the unmistakable tragedy that has occurred and continues to occur, the international community has utterly failed to respond. Debate over whether the term "genocide" should be used to describe the …
The International Legal Standards Adopted To Stop The Participation Of Children In Armed Conflicts, Joseph N. Madubuike-Ekwe
The International Legal Standards Adopted To Stop The Participation Of Children In Armed Conflicts, Joseph N. Madubuike-Ekwe
Annual Survey of International & Comparative Law
The aim of this paper is to discuss the participation of children in armed conflicts around the world and the various international legal standards adopted to stop it. The paper will first describe the factors that contribute to the involvement of children in armed conflicts. It will examine the relevant international armed conflict (humanitarian) laws and other legal standards governing the use of children in armed conflicts and their effectiveness. The paper will also discuss the United States position on the Global efforts to ban the use of children in armed conflicts. Finally, the paper will discuss the problems of …
Indigenous Peoples, Human Rights And Natural Resource Development: Chile's Mapuche Peoples And The Right To Water, Lila Barrera-Hernández
Indigenous Peoples, Human Rights And Natural Resource Development: Chile's Mapuche Peoples And The Right To Water, Lila Barrera-Hernández
Annual Survey of International & Comparative Law
This paper is based on the contention, included in the 1997 Proposed American Declaration on the Rights of Indigenous Peoples, that "traditional collective systems for control and use of land, territory and resources, including bodies of water and coastal areas, are a necessary condition for [indigenous peoples'] survival, social organization, development and their individual and collective well-being." It intends to present and analyze some of the issues facing the Mapuche peoples of Chile as they fight to maintain control of water resources in their territories. The right to water is chosen, amongst other human rights also at stake in the …
Foreign Direct Investments And Sustainable Development In The Least-Developed Countries, Zakia Afrin
Foreign Direct Investments And Sustainable Development In The Least-Developed Countries, Zakia Afrin
Annual Survey of International & Comparative Law
This article examines the existing flaws of foreign investment regulations regarding environmental protection in the developing countries. Recommendations to ensure sustainable development in the poor countries will also be presented. For the purposes of explanation, the discussion will be divided in four parts. First, foreign investment will be defined with specific attention to its emergence in the developing countries with brief mention of the actors in foreign investment as well as their influence on the host country's environment. The second part will present an existing conflict between Bangladesh and Occidental Corporation that portrays a typical condition that a developing country …
Asem: A Promising Attempt To Overcome Protective Regionalism And Facilitate The Globalization Of Trade, Simone Suelzer Mccormick
Asem: A Promising Attempt To Overcome Protective Regionalism And Facilitate The Globalization Of Trade, Simone Suelzer Mccormick
Annual Survey of International & Comparative Law
ASEM stands for Asia Europe Meeting and can be described as an open, mostly informal dialogue-based process. While ASEM's main interest is to establish closer economic cooperation between the two continents, it simultaneously seeks to create a foundation of cooperation based on political as well as social dialogue.
Note On Cambodia's And Nepal's Accession To The World Trade Organization, Ramesh Bikram Karky
Note On Cambodia's And Nepal's Accession To The World Trade Organization, Ramesh Bikram Karky
Annual Survey of International & Comparative Law
No abstract provided.
International Telecommunications Union And The Republic Of China (Taiwan): Prospects Of Taiwan's Participation, Chun Hung Lin
International Telecommunications Union And The Republic Of China (Taiwan): Prospects Of Taiwan's Participation, Chun Hung Lin
Annual Survey of International & Comparative Law
The purposes of this article are to provide a general description of the most important telecommunication organization, the lTD, and from its missions and developments to discuss the possibility of Taiwan's accession into the lTD. At first, from the developmental history, organizational structure, operational procedures, and missions of the lTD, the article wants to describe which role the ITD plays in international telecommunication cooperation and to clarify why Taiwan should seek accession into this organization. Secondly, from the lTD's Constitution and Convention, as well as Taiwan's status in the international community, the article will debate the possibility and methods of …
International Finance And State Sovereignty: Global Governance In The International Tax Regime, Insop Pak
International Finance And State Sovereignty: Global Governance In The International Tax Regime, Insop Pak
Annual Survey of International & Comparative Law
This paper begins with a description of globalization and analyzes its nature and effects on the financial environment. Implications of globalization for state sovereignty are also addressed. In particular, global challenges to national fiscal sovereignty are discussed. In this context, this writing clarifies the concept of tax jurisdiction and reviews problems with the national tax systems such as double taxation, and taxpayers' cross-border arbitrage which results from the increased mobility of capital associated with financial globalization. Furthermore, an emphasis has been given to discuss the pros and cons of tax competition and harmonization. More importantly, this article attempts to search …
Mechanisms For The Protection Of Online Consumers: A Comparative Analysis Of The U. S. E-Sign Act And Thai E-Transactions Act, Watchara Neitivanich
Mechanisms For The Protection Of Online Consumers: A Comparative Analysis Of The U. S. E-Sign Act And Thai E-Transactions Act, Watchara Neitivanich
Annual Survey of International & Comparative Law
Digital certificates assure online shoppers that the online merchants with whom they are considering doing business in fact exist and that they are who they claim to be. Similarly, online merchants can also be certain that persons who place orders are really who they claim to be, and the order cannot be repudiated once it has been digitally signed. Authenticated digital signatures provide stronger evidence of the source and integrity of a message than an electronic replica of a physical handwritten signature affixed on hard copy output. Digital signature technology is not an absolute answer to all problems, but it …
Promises Of Rewards In A Comparative Perspective, Pablo Lerner
Promises Of Rewards In A Comparative Perspective, Pablo Lerner
Annual Survey of International & Comparative Law
I will deal with the different aspects of the promise of rewards, comparing the unilateral solution, inspired by the tradition in civil law countries, with the solution. in the common law jurisdictions, and I will try to show why in my opinion the unilateral approach prompts better and more coherent solutions. Against the background of the analysis of reward, we will have the opportunity to elaborate some ideas about the meaning of such basic concepts as contract, promise or bargain. Then I will try to distinguish between reward and other offers to the public, a distinction that is justified if …
Non Liquet: From Modern Law To Roman Law, Alfredo Mordechai Rabello
Non Liquet: From Modern Law To Roman Law, Alfredo Mordechai Rabello
Annual Survey of International & Comparative Law
An explanatory note on the structure and limits of the present essay may be useful. In studies which also have a historical character. it is customary to present the subject matter in chronological order, first outlining the more ancient legal system, following then as far as possible its evolutionary steps, finally to end with the analysis of existing legal systems. In this article, however, in order to place the reader in medias res he is presented with modern legal systems with which he is already familiar: in such systems it is practically inconceivable that the judge should refuse to give …
Party Autonomy In International Commercial Arbitration: Consolidation Of Multiparty And Classwide Arbitration, Okuma Kazutake
Party Autonomy In International Commercial Arbitration: Consolidation Of Multiparty And Classwide Arbitration, Okuma Kazutake
Annual Survey of International & Comparative Law
Dispute settlement is an important area in international contract and trade. Settlement either by litigation in court or by alternative dispute resolution (ADR) is contemplated by contractual parties in international transactions. Each system presents its own problems. Effective litigation requires a judge to be an impartial, legal expert; however, is that always true, especially in the international context? A party litigating in another country is often concerned about whether he can achieve a fair judgment there. Decisions can sometimes be based on patriotic or parochial grounds, and even if a party receives a fair judgment, will he be able to …
Trademark Under The Nepalese Legal System: A Comparative Study With The Trips Agreement, Ramesh Bikram Karky
Trademark Under The Nepalese Legal System: A Comparative Study With The Trips Agreement, Ramesh Bikram Karky
Annual Survey of International & Comparative Law
As trademark is vital to the promotion of trade and the protection of consumer interest, a study on the protection of trademarks will be meaningful. The norms of trademark protection prescribed in the Agreement on Trade-Related Aspects of Intellectual Property Rights (hereinafter referred to as ''TRIPS'') are internationally recognized as standard. In this paper, Nepalese trademark laws will be studied and compared with the minimum standards prescribed by the TRIPS. This study will suggest a few recommendations for further promotion and protection of trademarks in Nepal.
Human Rights And Sharia'h Justice In Nigeria, M. Ozonnia Ojielo
Human Rights And Sharia'h Justice In Nigeria, M. Ozonnia Ojielo
Annual Survey of International & Comparative Law
This article examines the introduction of Sharia'h law in northern Nigeria, both in regard to the fundamental legal provisions of the Nigeria constitution and also as to the international rights conventions to which Nigeria is a signatory. The relationship between the new Sharia'h laws enacted in all 19 northern Nigerian states and the human rights provisions in the 1999 Constitution will be examined under five parameters: the general constitutional provision, protection of freedom of religion the federal status of Nigeria the Islamic state issue, and the politics of the Sharia'h law debate. The Zarnfara state law will be used as …
The Role Of Expert Witnesses In German And U.S. Civil Litigation, Sven Timmerbeil
The Role Of Expert Witnesses In German And U.S. Civil Litigation, Sven Timmerbeil
Annual Survey of International & Comparative Law
The U.S. and German civil trial systems differ not only in many details but also regarding their fundamentals. The U.S. civil trial system seems to be basically a battle of the parties in which the lawyers are protagonists and warlords. The judge has most often only a passive role. In contrast, in German civil litigation, the judge generally has a very active role. The judge controls the proceedings, examines the witnesses and is always the decision maker. Other differences include the lack of pre-trial discovery in Germany and the important role of court experts in German civil litigation. Due to …
On The Admissibility Of Group Rights, Luis Rodriguez-Abascal
On The Admissibility Of Group Rights, Luis Rodriguez-Abascal
Annual Survey of International & Comparative Law
In this presentation I shall explore the question of whether or not it is defensible to grant legal group rights through international instruments and national legal systems. I shall proceed in the following way. First, I shall briefly examine the conceptual consistency between group rights and the framework of rights discourse, and I shall conclude that it is conceptually possible to include group rights in ordinary rights talk. Secondly, I shall explore what the basic requirements would be for the recognition of a group right. I shall suggest that the use of rights discourse bears a number of conceptual as …
Taiwan's Status In A Changing World: United Nations Representation And Membership For Taiwan, Eric Ting-Lun Huang
Taiwan's Status In A Changing World: United Nations Representation And Membership For Taiwan, Eric Ting-Lun Huang
Annual Survey of International & Comparative Law
This paper starts with an overview of basic conceptual issues about the UN and its modem function. The focus on this part will be the concepts of representation and universality membership. Once we have properly identified and understood these concepts, some discussion will follow, deal mainly with such issues as; the ROC's exclusion from the UN as inconsistent with the universal principle of representation, Taiwan's efforts to join the UN, the increasing importance to improve Taiwan's status in the UN, and, the UN's considerable benefits to access Taiwan's UN entry bid. In addition to the issue of reexamining the significant …
The Common Market Of The South (Mercosur): Models And Qualitative Mutations For Consolidating An Integrated Economic Area, Paulo Borba Casella
The Common Market Of The South (Mercosur): Models And Qualitative Mutations For Consolidating An Integrated Economic Area, Paulo Borba Casella
Annual Survey of International & Comparative Law
Contemporary analysts tend to characterize economic integration and the consolidation of economic blocs as either as a solution or a threat, depending on their geographical position and intellectual perspective. Whether a commentator is located within or outside of a particular bloc, there is a common tendency to identify the negative or positive consequences of integration in that geographic region, both for the countries immediately involved, as well as for world trade as a whole. My overarching perspective is that the MERCOSUR integration process does not suffer from conceptual vices. However, it contains gaps and faces obstacles that stem from implementation …
United States Objection To The International Criminal Court: A Paradox Of "Operation Enduring Freedom", Remigius Chibueze
United States Objection To The International Criminal Court: A Paradox Of "Operation Enduring Freedom", Remigius Chibueze
Annual Survey of International & Comparative Law
There has been tremendous success in the signing and ratification of the ICC Statute. To date, 139 countries have signed and 89 countries, encompassing countries from all regions of the globe, have ratified the statute, which took effect on July 1, 2002 after being ratified by more than 66 countries. While most countries declared their support for the ICC, the U.S. was not in favor of signing the statute and therefore voted against it. There is no doubt that the September 11, 2001 attacks on the United States were crimes against humanity as contained in the Rome Statute. Therefore, if …