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Articles 31 - 60 of 66

Full-Text Articles in Law

Court Assistance, Interim Measures, And Public Policy: India’S Perspective On International Commercial Arbitration, Moin Ghani Jan 2012

Court Assistance, Interim Measures, And Public Policy: India’S Perspective On International Commercial Arbitration, Moin Ghani

Arbitration Brief

No abstract provided.


“In The Canal Zone”: The Panama Convention And Its Relevance In The United States Today, Danielle Dean, Chelsea Masters Jan 2012

“In The Canal Zone”: The Panama Convention And Its Relevance In The United States Today, Danielle Dean, Chelsea Masters

Arbitration Brief

No abstract provided.


A Bit At A Time: The Proper Extension Of The Mfn Clause Todispute Settlement Provisions In Bilateral Investment Treaties, Stephanie L. Parker Jan 2012

A Bit At A Time: The Proper Extension Of The Mfn Clause Todispute Settlement Provisions In Bilateral Investment Treaties, Stephanie L. Parker

Arbitration Brief

No abstract provided.


Sharing Translations Or Supporting Terror? An Analysis Of Tarek Mehanna In The Aftermath Of Holder V. Humanitarian Law Project, Innokenty Pyetranker Jan 2012

Sharing Translations Or Supporting Terror? An Analysis Of Tarek Mehanna In The Aftermath Of Holder V. Humanitarian Law Project, Innokenty Pyetranker

American University National Security Law Brief

No abstract provided.


Transferring Wartime Detainees And Astate’S Responsibility To Prevent Torture, Jonathan Horowitz Jan 2012

Transferring Wartime Detainees And Astate’S Responsibility To Prevent Torture, Jonathan Horowitz

American University National Security Law Brief

No abstract provided.


10 Years After 9/11: And Still Fighting Newwars With Old Weaponswhy And How The Geneva Conventions Mustbe Amended To Cover Al Qaeda, Dominic Hoerauf Jan 2012

10 Years After 9/11: And Still Fighting Newwars With Old Weaponswhy And How The Geneva Conventions Mustbe Amended To Cover Al Qaeda, Dominic Hoerauf

American University National Security Law Brief

No abstract provided.


Terrorist Or Revolutionary: The Development Of The Politicaloffender Exception And Its Effects Ondefining Terrorism In International Law, Vincent Defabo Jan 2012

Terrorist Or Revolutionary: The Development Of The Politicaloffender Exception And Its Effects Ondefining Terrorism In International Law, Vincent Defabo

American University National Security Law Brief

No abstract provided.


International Law Bares Its Teeth: How States And International Organizations Enforce Customary Norms And Treaty Obligations: Introduction, Justin T. Carlson Jan 2012

International Law Bares Its Teeth: How States And International Organizations Enforce Customary Norms And Treaty Obligations: Introduction, Justin T. Carlson

American University International Law Review

No abstract provided.


Apprehending War Criminals:Does International Cooperation Work?, Patricia M. Wald Jan 2012

Apprehending War Criminals:Does International Cooperation Work?, Patricia M. Wald

American University International Law Review

No abstract provided.


Nafta Chapter 19 Binational Panel Reviews - Still A Zero Sum Game: The Wire Rod Decision And Its Progeny, Edward Tracy Jan 2012

Nafta Chapter 19 Binational Panel Reviews - Still A Zero Sum Game: The Wire Rod Decision And Its Progeny, Edward Tracy

American University International Law Review

No abstract provided.


There's Something In The Water: The Inadequacy Of International Anti-Dumping Laws As Applied To The Fukushima Daiichi Radioactive Water Discharge, Darian Ghorbi Jan 2012

There's Something In The Water: The Inadequacy Of International Anti-Dumping Laws As Applied To The Fukushima Daiichi Radioactive Water Discharge, Darian Ghorbi

American University International Law Review

No abstract provided.


Thirteenth Annual Grotius Lecture Series: The Global Status Of Human Rights, Amartya Sen Jan 2012

Thirteenth Annual Grotius Lecture Series: The Global Status Of Human Rights, Amartya Sen

American University International Law Review

No abstract provided.


Barricading The Information Superhighway To Stop The Flow Of Traffic: Why International Regulation Of The Internet Is Necessary To Prevent Sex Trafficking, Kendall Vitale Jan 2012

Barricading The Information Superhighway To Stop The Flow Of Traffic: Why International Regulation Of The Internet Is Necessary To Prevent Sex Trafficking, Kendall Vitale

American University International Law Review

No abstract provided.


Fast Track To Collapse: How Zimbabwe's Fast-Track Land Reform Program Violates International Human Rights Protections To Property, Due Process, And Compensation, Caitlin Shay Jan 2012

Fast Track To Collapse: How Zimbabwe's Fast-Track Land Reform Program Violates International Human Rights Protections To Property, Due Process, And Compensation, Caitlin Shay

American University International Law Review

No abstract provided.


Traditions Of Belligerent Recognition: The Libyan Intervention In Historical And Theoretical Context, Sam Foster Halabi Jan 2012

Traditions Of Belligerent Recognition: The Libyan Intervention In Historical And Theoretical Context, Sam Foster Halabi

American University International Law Review

No abstract provided.


Reproductive Choice In The Hands Of The State: The Right To Abortion Under The European Convention On Human Rights In Light Of A, B & C V. Ireland, Brynn Weinstein Jan 2012

Reproductive Choice In The Hands Of The State: The Right To Abortion Under The European Convention On Human Rights In Light Of A, B & C V. Ireland, Brynn Weinstein

American University International Law Review

No abstract provided.


Ignoring Human Rights For Homosexuals: Gross Violations Of International Obligations In Cameroon, Erica Nordberg Jan 2012

Ignoring Human Rights For Homosexuals: Gross Violations Of International Obligations In Cameroon, Erica Nordberg

American University International Law Review

No abstract provided.


U.S. Foreign Policy And The Arab Spring: Ten Short-Term Lessons Learned, Paul Williams, Colleen Popken Jan 2012

U.S. Foreign Policy And The Arab Spring: Ten Short-Term Lessons Learned, Paul Williams, Colleen Popken

Articles in Law Reviews & Other Academic Journals

No abstract provided.


What Makes A States: Territory, Paul Williams Jan 2012

What Makes A States: Territory, Paul Williams

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Omar Khadr: Domestic And International Litigation Strategies For A Child In Armed Conflict Held At Guantanamo, Richard J. Wilson Jan 2012

Omar Khadr: Domestic And International Litigation Strategies For A Child In Armed Conflict Held At Guantanamo, Richard J. Wilson

Articles in Law Reviews & Other Academic Journals

This essay explores the intersections and tensions between international human rights law and international humanitarian law as those two doctrinal areas played out in the concrete situation of Omar Khadr, a Canadian child detainee at Guantanamo Bay. Particular focus is given to how issues regarding his youth were addressed by the many tribunals involved: in the multiple venues of courts in the United States and Canada, and in international human rights bodies. The issues on Omar’s youth span many contexts, raising judicial questions regarding the legality of his detention, his treatment and separation from adults while detained, jurisdiction to prosecute …


How Well Does The G20 Reflect African Interests And Priorities?: Some Thoughts Following The Los Cabos, Mexico Summit, Daniel D. Bradlow Jan 2012

How Well Does The G20 Reflect African Interests And Priorities?: Some Thoughts Following The Los Cabos, Mexico Summit, Daniel D. Bradlow

Articles in Law Reviews & Other Academic Journals

The leaders of the G20 countries have now held seven summits -- enough to begin critically evaluating how well the G20 serves the interest of specific sub-parts of the international community. The purpose of this paper is to assess how well the G20 responds to African interests. It is divided into three parts. The first is a brief description of the most recent summit, held on June 18-19, 2012 in Los Cabos, Mexico. The second part is a brief discussion of the criteria that will be used in this evaluation. The third part is an assessment of the G20 against …


Implementing Legal Capacity Under Article 12 Of The Un Convention On The Rights Of Persons With Disabilities: The Difficult Road From Guardianship To Supported Decision-Making, Robert Dinerstein Jan 2012

Implementing Legal Capacity Under Article 12 Of The Un Convention On The Rights Of Persons With Disabilities: The Difficult Road From Guardianship To Supported Decision-Making, Robert Dinerstein

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Thirteenth Annual Grotius Lecture Response: Amartya Sen’S Vision For Human Rights – And Why He Needs The Law, Kim Lane Scheppele Jan 2012

Thirteenth Annual Grotius Lecture Response: Amartya Sen’S Vision For Human Rights – And Why He Needs The Law, Kim Lane Scheppele

American University International Law Review

No abstract provided.


Preventing Mass Atrocity Crimes: The Responsibility To Protect And The Syria Crisis, Paul Williams, J. Trevor Ulbrick, Jonathan Worboys Jan 2012

Preventing Mass Atrocity Crimes: The Responsibility To Protect And The Syria Crisis, Paul Williams, J. Trevor Ulbrick, Jonathan Worboys

Articles in Law Reviews & Other Academic Journals

The Responsibility to Protect (R2P) is a complicated and "emerging norm"' of international law that seeks to provide a means for the international community to prevent mass atrocity crimes occurring within the boundaries of a sovereign state.' Since its emergence in 2001, in the wake of humanitarian tragedies in Bosnia, Rwanda, Kosovo, and Darfur, R2P has been hailed as a way of resolving what one commentator called the "problem from hell."3 Under R2P, however, the use of force is reserved for actions within the UN Charter's Chapter VII framework. As the Syria crisis has demonstrated, this position continues to hinder …


Efficiency In Bello And Ad Bellum: Making The Use Of Force Too Easy?, Kenneth Anderson Jan 2012

Efficiency In Bello And Ad Bellum: Making The Use Of Force Too Easy?, Kenneth Anderson

Contributions to Books

This article criticizes a widely asserted claim that drones make the resort to force and violence — war — “too easy.” Attractive on the surface to many, this article says that “too easy” is not a coherent notion as applied in war. The “too easy” argument comes in two forms, a moral argument and a maximization of social welfare argument. The maximization of social welfare version (on which the article focuses) frames “too easy” as a matter of creating an “inefficient” level of disincentive to use of force on account of insufficient risks to one’s own forces in so doing …


International Investments Arbitration: Winning, Losing And Why, Susan D. Franck Jan 2012

International Investments Arbitration: Winning, Losing And Why, Susan D. Franck

Contributions to Books

In late 2008, as financial markets were crashing, the Vale Columbia Center on Sustainable International Investment launched the Columbia FDI Perspectives. The first Perspective, entitled “The FDI recession has begun,” correctly forecast an FDI recession in the following year. From that first Perspective in late 2008 to the end of 2010, the series published thirty-three concise notes on topical FDI-related issues by diverse experts in the field. The purpose of these Perspectives is to inform readers about some of the important issues and trends in the contemporary debate on FDI, and to promote a wide-ranging discussion about the policy implications …


Unified National Legal Treatment Of International Commercial Arbitration: A Continuing Challenge, Horacio A Grigera Naon Jan 2012

Unified National Legal Treatment Of International Commercial Arbitration: A Continuing Challenge, Horacio A Grigera Naon

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Victim Participation At The International Criminal Court And The Extraordinary Chambers In The Courts Of Cambodia: A Feminist Project?, Susana Sacouto Jan 2012

Victim Participation At The International Criminal Court And The Extraordinary Chambers In The Courts Of Cambodia: A Feminist Project?, Susana Sacouto

Articles in Law Reviews & Other Academic Journals

INTRODUCTION: Over the last couple of decades, and particularly since 1998, incredible advances have been made in the effort to end impunity for sexual and gender-based violence committed in the context of war, mass violence, or repression. Before this, crimes committed exclusively or disproportionately against women and girls during conflict or periods of mass violence were either largely ignored, or at most, treated as secondary to other crimes. However, evidence of the large-scale and systematic use of rape in conflicts over the last two decades helped create unprecedented levels of awareness of sexual violence as a method of war and …


Military Intervention And Diplomatic Engagement In Libya: A Collage Of Policy, Force And Law, Paul Williams, Anna Triponel Jan 2012

Military Intervention And Diplomatic Engagement In Libya: A Collage Of Policy, Force And Law, Paul Williams, Anna Triponel

Articles in Law Reviews & Other Academic Journals

The case of Libya demonstrates the extent to which the law plays a role in enabling, shaping and constraining complex military and diplomatic operations. The law underpinned a number of decisions made at the policy level regarding military and diplomatic engagement. Although prior military operations can provide guidance for decision-making in future military operations, the application of the law to each case will be unique. The Libyan case study provides an example of how the law and politics intertwined to achieve the U.S. government’s objectives of protecting the Libyan people against violent attacks by their leader.

This chapter examines the …


Strengthening The Link In Linkage: Defining "Development Needs" In Wto Law, Suyash Paliwal Jan 2012

Strengthening The Link In Linkage: Defining "Development Needs" In Wto Law, Suyash Paliwal

American University International Law Review

No abstract provided.