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Articles 1171 - 1200 of 1213
Full-Text Articles in Law
I Am My Own Worst Enemy: Problems And Possibilities Of European Foreign, Eric A. Engle
I Am My Own Worst Enemy: Problems And Possibilities Of European Foreign, Eric A. Engle
Eric A. Engle
The European Union ("EU") implements a Common Foreign and Security Policy. This paper argues EU Foreign policy is incohesive, but growing more cohesive. The EU poses no threat to U.S. interests; however, poses only limited opportunities for U.S. foreign policy because the U.S. has relentlessly pursued a short-sighted and self-destructive foreign policy since 2002. The paper elaborates this thesis by considering institutional actors and historical experiences. Thus, it provides an overview of the institutional structure of the EU Common Foreign and Security Policy, as well as an overview of historic experiences of EC foreign policy.
Theseus's Ship Of State: Confederated Europa Between The Scylla Of Mere Alliance And The Charybdis Of, Eric A. Engle
Theseus's Ship Of State: Confederated Europa Between The Scylla Of Mere Alliance And The Charybdis Of, Eric A. Engle
Eric A. Engle
The article argues that Europe is a confederation, that confederations can be one form of state, and that the EU is best apprehended not as a sui generis entity like the British Commonwealth but as a weak and limited confederal state.
Law And Politics Of Rights: Who Decides The Conditions For Trade Preferences? Institutional Choice In The General System Of Preferences Case, Gregory C. Shaffer
Law And Politics Of Rights: Who Decides The Conditions For Trade Preferences? Institutional Choice In The General System Of Preferences Case, Gregory C. Shaffer
Gregory C Shaffer
No abstract provided.
Report Of The 1st National Consultation On International Criminal Court & India, Saumya Uma
Report Of The 1st National Consultation On International Criminal Court & India, Saumya Uma
Saumya Uma
This publication contains a detailed report of each session of the 1st National Consultation on the ICC & India, held in Delhi on 8-9 December 2005.
The Teleology Of International Investment Law, Omar E. Garcia-Bolivar
The Teleology Of International Investment Law, Omar E. Garcia-Bolivar
Omar E Garcia-Bolivar
The article looks into the purpose of the international investment agreements and the role that has into the interpretation of those instruments.
The Hague Convention On Choice Of Court Agreements, Antonin I. Pribetic
The Hague Convention On Choice Of Court Agreements, Antonin I. Pribetic
Antonin I. Pribetic
The Hague Choice of Court Convention, concluded on June 30th, 2005, represents a significant step forward towards improved harmonization of international trade law by providing greater certainty and predictability for parties involved in business-to-business (B2B) agreements and transnational litigation. The Hague Choice of Court Convention offers a viable alternative to arbitration as a method of transnational dispute resolution. At a minimum, functional reciprocity between Contracting States is more likely to be achieved through this multilateral treaty, which codifies the private international law principles of comity, good faith and order and fairness, espoused by most common law courts, including the Supreme …
The Two Faces Of Intercountry Adoption: The Significance Of The Indian Adoption Scandals, David M. Smolin
The Two Faces Of Intercountry Adoption: The Significance Of The Indian Adoption Scandals, David M. Smolin
David M. Smolin
This article summarizes international law, and the law of India and the United States, relevant to intercountry adoption. The article then presents extensive information and analysis of a major series of adoption scandals in Andhra Pradesh, India. The article uses this analysis of law and a major series of adoption scandals to present the "two sides of intercountry adoption:" positively, as a humanitarian act, and negatively as a form of child trafficking. The weaknesses and vulnerabilities of the intercountry adoption system that led to the Indian adoption scandals are extensively analyzed.
Intercountry Adoption As Child Trafficking, David M. Smolin
Intercountry Adoption As Child Trafficking, David M. Smolin
David M. Smolin
This article analyzes when intercountry adoption constitutes a form of child trafficking, particularly under international law. The article reviews relevant Treaties on the subjects of slavery and human trafficking, as well as analyzing the problem of money and adoption within the domestic (United States) adoption system.
The Laws Of War In The Pre-Dawn Light: Institutions And Obligations In Thucydides’ Peloponnesian War, Steve Sheppard
The Laws Of War In The Pre-Dawn Light: Institutions And Obligations In Thucydides’ Peloponnesian War, Steve Sheppard
Steve Sheppard
This Essay, in honor of Oscar Schachter, discusses Thucydides’ account of the Peloponnesian War, not only glimpsing into the events surrounding the conflict but also considering how the sparring greek city-states understood and manifested laws of war. This article describes numerous customs, practices, and procedures including respect for truces, ambassadors, heralds, trophies, and various forms of neutrality the ancients adhered to during times of conflict. The greek city-states and their warriors recognized and enforced obligations concerning a city-state’s right to war (jus ad bellum) and conduct in war (jus in bello). While the ancients’ laws of war were always recorded …
Variations On Non-Nuclear: May The "Final Four" Join The Nuclear Nonproliferation Treaty As Non-Nuclear Weapons States While Retaining Their Nuclear Weapons?, David S. Jonas
David S. Jonas
No abstract provided.
The Role Of The Wto Director-General And Secretariat, Gregory C. Shaffer
The Role Of The Wto Director-General And Secretariat, Gregory C. Shaffer
Gregory C Shaffer
No abstract provided.
Can Wto Technical Assistance And Capacity Building Serve Developing Countries?, Gregory C. Shaffer
Can Wto Technical Assistance And Capacity Building Serve Developing Countries?, Gregory C. Shaffer
Gregory C Shaffer
No abstract provided.
Managed Mutual Recognition Regimes: Governance Without Global Government, Gregory C. Shaffer, Kalypson Nicolaidis
Managed Mutual Recognition Regimes: Governance Without Global Government, Gregory C. Shaffer, Kalypson Nicolaidis
Gregory C Shaffer
No abstract provided.
Juvenile Execution, Terrorist Extradition, And Supreme Court Discretion To Consider International Death Penalty Jurisprudence, Prof. Elizabeth Burleson
Juvenile Execution, Terrorist Extradition, And Supreme Court Discretion To Consider International Death Penalty Jurisprudence, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
European human rights law and multilateral conventions have raised United States death penalty policy to an international level. Treaties and international institutions have impacted the extradition of capital offenders and influenced the development of human rights law within the United States. Refusal to extradite without assurances that the death penalty will not be imposed has continuing ramifications for the implementation of transnational counter-terrorism measures. Determining a contemporary standard of decency regarding cruel and unusual punishment, what shocks the public conscious, or what constitutes torture depends upon what societal parameters one uses. The Supreme Court's readiness to examine international developments in …
The Oil Platforms Case Before The International Court Of Justice: A Non-Case Of International Responsibility, Daphne Richemond-Barak, Prosper Weil
The Oil Platforms Case Before The International Court Of Justice: A Non-Case Of International Responsibility, Daphne Richemond-Barak, Prosper Weil
Daphne Richemond-Barak
No abstract provided.
International Criminal Court & India: Responses To Queries Raised By Parliamentarians, Saumya Uma
International Criminal Court & India: Responses To Queries Raised By Parliamentarians, Saumya Uma
Saumya Uma
This is a pocket-book consisting of queries raised by Parliamentarians at the first consultative meeting organized by ICC-India campaign / Women's Research & Action Group on the International Criminal Court (ICC), in August 2005, and written responses to the same. It is aimed at strengthening the information dissemination efforts on ICC with Indian Parliamentarians.
The End Of The Ecsc, Benedetta Carla Angela Ubertazzi
The End Of The Ecsc, Benedetta Carla Angela Ubertazzi
Benedetta Carla Angela Ubertazzi
No abstract provided.
International Criminal Court & India: Some Questions & Answers, Saumya Uma
International Criminal Court & India: Some Questions & Answers, Saumya Uma
Saumya Uma
This book was an outcome of an attempt to fill the “information gap” presently faced in making the ICC meaningful to civil society in India. It is based on questions that are frequently raised during workshops that the ICC-India campaign has conducted in various parts of the country. The contents of the book are in the form of questions and answers, and the book explains complex issues in a simple language. The publication is specially intended for Indian human rights organizations, activists and legal professionals engaged in campaigns on law and policy reform issues on human rights. This publication forms …
Reconciling (Or Failing To Reconcile) Regulatory Differences: The Ongoing Transatlantic Dispute Over The Reculation Of Biotechnology, Gregory C. Shaffer
Reconciling (Or Failing To Reconcile) Regulatory Differences: The Ongoing Transatlantic Dispute Over The Reculation Of Biotechnology, Gregory C. Shaffer
Gregory C Shaffer
No abstract provided.
Strangers In A Strange Land - Transnational Litigation, Foreign Judgment Recognition, And Enforcement In Ontario, Antonin I. Pribetic
Strangers In A Strange Land - Transnational Litigation, Foreign Judgment Recognition, And Enforcement In Ontario, Antonin I. Pribetic
Antonin I. Pribetic
Well into the new millennium, the landscape of international business commerce continues to change dramatically. As many companies expand into global markets, the extant business reality of prosecuting or defending lawsuits arises from companies relying upon standard or boiler plate contracts or invoices when selling goods and services to customers or buying products from suppliers or third parties. This article discusses transnational contractual and litigation issues in Canada, with specific application to the province of Ontario. This article first addresses, from an Ontario company perspective, the importance of incorporating choice of forum, choice of law, and time of the essence …
Foreign Investment Disputes Under Icsid: A Review Of Its Decisions, Omar E. Garcia-Bolivar
Foreign Investment Disputes Under Icsid: A Review Of Its Decisions, Omar E. Garcia-Bolivar
Omar E Garcia-Bolivar
This article contains a review of the most relevant ICSID decisions on jurisdiction up to 2004.
Intimidated Victims & Witnesses: Treated With Hostility, Saumya Uma
Intimidated Victims & Witnesses: Treated With Hostility, Saumya Uma
Saumya Uma
This article advances the need for an Indian legal regime for protecting the interests of victims and witnesses. It draws from international standards and experiences of other countries, grounding the same in the contemporary Indian context.
Law Enforcement Cooperation As A 'Transnational Factor' In Cross-Taiwan Strait Relations, Jason A. Blatt
Law Enforcement Cooperation As A 'Transnational Factor' In Cross-Taiwan Strait Relations, Jason A. Blatt
Jason A Blatt
In recent years, political disputes have constantly prevented governments in China and Taiwan from working with each other on important issues of mutual concern. However, cooperation between law enforcement authorities on both sides of the Taiwan Strait has steadily increased over the past decade and a half, regardless of ups and downs in political relations. While governments on both sides are still not speaking to each other, law enforcement authorities are boosting cooperation by sharing information on criminal cases, deporting each other's fugitives, exchanging visits of high-ranking police officials and participating in seminars on cross-strait crime-fighting. Successful cross-strait law enforcement …
Article: The Failure Of The Nation State And The New International Economic Order:, Eric A. Engle
Article: The Failure Of The Nation State And The New International Economic Order:, Eric A. Engle
Eric A. Engle
Both the New International Economic Order ("NIEO") and the New World Order (NWO) have failed to end poverty in the third world, most notably in Africa. The failure of these two theories, themselves responses to the failure of the Westphalian state system, and the material facts of globalisation present an opportunity to elaborate a new law of nations. Abandoning the Westphalian model is the best way forward, not only because of the technological revolution in the first world, but also for cultural reasons in Africa, where borders almost never correspond to nations.
Non-State Actors In The Nuclear Black Market: Proposing An International Legal Framework For Preventing Nuclear Expertise Proliferation & Nuclear Smuggling By Non-State Actors, Thomas V. Burch
Thomas V. Burch
No abstract provided.
Parliamentary Oversight Of Wto Rule-Making: The Ploitical And Normative Contest, Gregory C. Shaffer
Parliamentary Oversight Of Wto Rule-Making: The Ploitical And Normative Contest, Gregory C. Shaffer
Gregory C Shaffer
No abstract provided.
Normativity In International Law: The Case Of Unilateral Humanitarian Intervention, Daphne Richemond-Barak
Normativity In International Law: The Case Of Unilateral Humanitarian Intervention, Daphne Richemond-Barak
Daphne Richemond-Barak
This Article argues that the ambiguous normative regime currently governing unilateral humanitarian intervention provides an adequate legal framework for such intervention. The Article reviews the arguments typically made in support of a codified, strict normative regime, finding that strict normativity is unlikely to deter human rights violators more effectively than the current framework. In addition, the Article points out that any effort to codify a norm of unilateral humanitarian intervention faces formidable obstacles. Such an effort must overcome the conflict between the traditional doctrine of state sovereignty and emerging principles of human rights, as well as practical difficulties in reaching …
Unclos And The High Seas: Problems And Suggested Solutions To The Creation Of A Common Pool Resource On An International Scaleproblems And Suggested Solutions To The Creation Of A Common Pool, Chad J. Mcguire
Chad J McGuire
The purpose of this paper is to critically analyze UNCLOS as an efficient management regime for protecting migratory marine species1, especially those with economic value. The premise, based on foundations of collective action theory, is UNCLOS cannot adequately protect marine resources. The main reasons include the dynamics involved with national sovereignty, along with UNCLOS creation of what is tantamount to a common pool, or open access resource through the development of the “high seas” concept.
The E-C Sardines Case: How North-South Ngo-Government Links Benefited Peru, Gregory C. Shaffer, Victor Mosoti
The E-C Sardines Case: How North-South Ngo-Government Links Benefited Peru, Gregory C. Shaffer, Victor Mosoti
Gregory C Shaffer
No abstract provided.
The Validity Of Some Coerced Treaties In The Early 20th Century: A Reconsideration Of The Japanese Annexation Of Korea In Legal Perspective, Young K. Kim
Young K Kim
In making the Treaty of Basic relations of 1965, Korean and Japanese Government have technically evaded the issue of validity of Japanese annexation of Korea 1910. The annexation treaty and other related four quasi-treaties should be thoroughly analyzed. It is subjected that the 1905 Protectorate Treaty is to be concluded as invalid from the outset, on the grounds that it was made under coercion applied to State representatives of Korea. Judging from all evicences and related historical facts, it seems quite obvious that coercion had been employed against the State representatives and the Head of State in making the Annexation …