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Full-Text Articles in Law

International Court Of Justice, The Republic Of Adova, The State Of Rotania Jan 2008

International Court Of Justice, The Republic Of Adova, The State Of Rotania

ILSA Journal of International & Comparative Law

Pursuant to the Joint Notification and Compromis concluded on 28 September 2007, including the Corrections and Clarifications agreed to therein, at Chicago, Illinois, United States of America between the Republic of Adova and the State of Rotania (collectively "the Parties"), and in accordance with Article 40(1) of the Statute of the International Court of Justice, the Parties hereby submit to this Court its dispute concerning certain criminal proceedings in Adova and Rotania.


The Canadian Position: Can Parties To An Arbitration Agreement Vary The Statutory Scope Of Judical Review Of The Award?, Barry Leon, Laila Karimi, Torys Llp Jan 2008

The Canadian Position: Can Parties To An Arbitration Agreement Vary The Statutory Scope Of Judical Review Of The Award?, Barry Leon, Laila Karimi, Torys Llp

ILSA Journal of International & Comparative Law

The U.S. Supreme Court issued its decision in Hall Street Associates, L.L.C. v. Mattel, Inc. on March 28, 2008


Extraterritorial Jurisdiction In Civil, Commercial, And Investment Matters, Anibal Sabater Jan 2008

Extraterritorial Jurisdiction In Civil, Commercial, And Investment Matters, Anibal Sabater

ILSA Journal of International & Comparative Law

Extraterritorial jurisdiction can be defined as a government's ability to adjudicate disputes involving individuals who are located and/or events that have taken place in anotherjurisdiction, including acts and omissions of foreign officials.


Taxation As A Global Socio-Legal Phenomenon, Allison Christians, Steven Dean, Diane Ring, Adam H. Rosenzweig Jan 2008

Taxation As A Global Socio-Legal Phenomenon, Allison Christians, Steven Dean, Diane Ring, Adam H. Rosenzweig

ILSA Journal of International & Comparative Law

This essay makes a proposal that may not be controversial among those with a particular interest in international law, but may be less accepted among those primarily interested in tax law: that international social and institutional structures shape, and are shaped by, historical and contemporary domestic policy decisions.


Executive Summary: Thawing A Frozen Conflict: Legal Aspects Of The Separatist Crisis In Moldova, Special Committee On European Affairs Of The New York City Bar Jan 2008

Executive Summary: Thawing A Frozen Conflict: Legal Aspects Of The Separatist Crisis In Moldova, Special Committee On European Affairs Of The New York City Bar

ILSA Journal of International & Comparative Law

Moldova is the poorest country in Europe and it is enmeshed in a seemingly intractable separatist conflict involving ethnic tensions, Russian troops, Soviet-era arms stockpiles, smuggling, money-laundering, and corruption.


Strategy In International Litigation, John Fellas Jan 2008

Strategy In International Litigation, John Fellas

ILSA Journal of International & Comparative Law

The choice of forum in international litigation-which country's courts will hear the dispute--can be outcome determinative.


The Energy Charter Treaty: An Overview, Lucy Reed, Lucy Martinez Jan 2008

The Energy Charter Treaty: An Overview, Lucy Reed, Lucy Martinez

ILSA Journal of International & Comparative Law

This article briefly discusses the substantive protections of the Energy Charter Treaty (ECT) (Section I, infra), the ECT's dispute resolution provisions (Section II, infra), and the ECT arbitral jurisprudence to date, including composition of ECT tribunals (Section III, infra).


The Energy Charter Treaty's Investor Protection Provisions: Potential To Foster Solutions To Global Warming And Promote Sustainable Development, Edna Sussman Jan 2008

The Energy Charter Treaty's Investor Protection Provisions: Potential To Foster Solutions To Global Warming And Promote Sustainable Development, Edna Sussman

ILSA Journal of International & Comparative Law

It is with pleasure that I join my esteemed colleagues on the panel. With the importance of the reliability of energy supply in today's world and the impact of the energy sector on global warming and international security, a review of the only multilateral treaty that deals specifically and exclusively with energy is timely.


From The United Nations Arms Register To An Arms Trade Treaty-What Role For Delegation And Flexibility?, Cristiane Carneiro Jan 2008

From The United Nations Arms Register To An Arms Trade Treaty-What Role For Delegation And Flexibility?, Cristiane Carneiro

ILSA Journal of International & Comparative Law

The scholarship on conventional disarmament, especially vis-A-vis the trade in conventional weapons, is surprisingly scarce.


Evaluating Imf Crisis Prevention As A Matter Of Global Justice, Frank J. Garcia Jan 2008

Evaluating Imf Crisis Prevention As A Matter Of Global Justice, Frank J. Garcia

ILSA Journal of International & Comparative Law

The previous speaker, Jonathan Fried, masterfully outlined the International Monetary Fund (Fund or IMF)'s recent policy reform efforts, in particular its shift towards crisis prevention, as only an IMF Executive Director could.'


Re-Examining International Responsibility: "Complicity" In The Context Of Human Rights Violations, John Cerone Jan 2008

Re-Examining International Responsibility: "Complicity" In The Context Of Human Rights Violations, John Cerone

ILSA Journal of International & Comparative Law

Recent events have focused the attention of international jurists on international responsibility for complicit conduct.


Multinational Corporations As Objects And Sources Of Transnational Regulation, Larry Cata Backer Jan 2008

Multinational Corporations As Objects And Sources Of Transnational Regulation, Larry Cata Backer

ILSA Journal of International & Comparative Law

It was my great pleasure to participate in the 2007 International Law Weekend organized in New York City by the American Branch of the International Law Association and held at the House of the Association of the Bar of the City of New York on October 25-27, 2007


The International Lease As A Legal Instrument Of Conflict Resolution: The Shab'a Farms As A Prototype For The Resolution Of Territorial Conflicts, Noemi Gal-Or, Michael J. Strauss Jan 2008

The International Lease As A Legal Instrument Of Conflict Resolution: The Shab'a Farms As A Prototype For The Resolution Of Territorial Conflicts, Noemi Gal-Or, Michael J. Strauss

ILSA Journal of International & Comparative Law

The Shab'a Farms have been considered the linchpin in the Hizb' Allah rhetoric to destabilize the Israel-Lebanon-Syria relationship


Can A State Or A Head Of State Claim The Benefit Of Immunities In Case An International Crime Has Been Committed?, Brigitte Stern Jan 2008

Can A State Or A Head Of State Claim The Benefit Of Immunities In Case An International Crime Has Been Committed?, Brigitte Stern

ILSA Journal of International & Comparative Law

I propose to deal with a topic which is at the crossroads of what I see as the main tension in international law today. This is the tension-not to say more-between state sovereignty, on one side, and the protection of the human rights of individuals on the other.


The Cards As A Payment Method And As A Financial Service In Spain: The Responsibility System, Immaculada Barral Vinals Jan 2008

The Cards As A Payment Method And As A Financial Service In Spain: The Responsibility System, Immaculada Barral Vinals

ILSA Journal of International & Comparative Law

It is not uncommon to hear credit cards referred to as "plastic money".


Global Administrative Law: Global Governance Of The Global Positioning System And Galileo, Sang Wook Daniel Han Jan 2008

Global Administrative Law: Global Governance Of The Global Positioning System And Galileo, Sang Wook Daniel Han

ILSA Journal of International & Comparative Law

The Global Positioning System (GPS) is a space-based positioning, navigation and timing (PNT) system originally developed by the Depart- ment of Defense of the United States government in early 1970s.1


The Need For Judicial Activism Acceptance Speech, Dr. Tariq Hassan Jan 2008

The Need For Judicial Activism Acceptance Speech, Dr. Tariq Hassan

ILSA Journal of International & Comparative Law

Honorable President, Dean of the Shepard Broad Law Center, members of the faculty, respected students, distinguished guests, ladies and gentlemen.


Introductory Note: A Perspective On Pakistan's Chief Justice, Judicial Independence, And The Rule Of Law, Joel A. Mintz Jan 2008

Introductory Note: A Perspective On Pakistan's Chief Justice, Judicial Independence, And The Rule Of Law, Joel A. Mintz

ILSA Journal of International & Comparative Law

On May 10, 2008, at our law school's graduation ceremony, Nova Southeastern University conferred an honorary Doctor of Laws degree on the Chief Justice of the Supreme Court of Pakistan, Iftikhar Muhammad Chaudhary.


The Ethical Trade In Cultural Property: Ethics And Law In The Antiquity Auction Industry, Kimberly L. Alderman Jan 2008

The Ethical Trade In Cultural Property: Ethics And Law In The Antiquity Auction Industry, Kimberly L. Alderman

ILSA Journal of International & Comparative Law

This article considers from an ethical perspective the role that auction houses play as facilitators of the illicit antiquity trade


A Primer On International Environmental Law: Sustainability As A Principle Of International Law And Custom, Mark S. Blodgett, Richard J. Hunter, Hector R. Lozada Jan 2008

A Primer On International Environmental Law: Sustainability As A Principle Of International Law And Custom, Mark S. Blodgett, Richard J. Hunter, Hector R. Lozada

ILSA Journal of International & Comparative Law

International environmental law draws from two important sources: international treaties and conventions' and customary international law.


Beyond Sovereignty? The State After The Failure Of Sovereignty, Eric Engle Jan 2008

Beyond Sovereignty? The State After The Failure Of Sovereignty, Eric Engle

ILSA Journal of International & Comparative Law

Sovereign state power, absolute and unlimited, were supposed to guarantee the lives and property of citizens. Instead, states became vectors for mass violence.


The Multiplication Of International Jurisdictions And The Integrity Of International Law, Luis Barrionuevo Arevalo Jan 2008

The Multiplication Of International Jurisdictions And The Integrity Of International Law, Luis Barrionuevo Arevalo

ILSA Journal of International & Comparative Law

While the multiplication of international courts shows the vitality and versatility of international law, it can also create serious problems for its unity and coherence and ultimately lead to its fragmentation.


An Overview Of The Doctrine Of The Piercing Of The Corporate Veil As Applied By Latin American Countries: A U.S. Legal Creation Exported To Civil Law Jurisdictions, Joseph Mauricio Bello Jan 2008

An Overview Of The Doctrine Of The Piercing Of The Corporate Veil As Applied By Latin American Countries: A U.S. Legal Creation Exported To Civil Law Jurisdictions, Joseph Mauricio Bello

ILSA Journal of International & Comparative Law

Piercing the corporate veil is a doctrine created within the United States (U.S.) common law system.


No End In Sight: The Effect Of The Boumediene Decision On Detainees Held By The United States At Guantanamo Bay, Cuba, Connie Kaplan Jan 2008

No End In Sight: The Effect Of The Boumediene Decision On Detainees Held By The United States At Guantanamo Bay, Cuba, Connie Kaplan

ILSA Journal of International & Comparative Law

Imagine that you are looking for a better life. You immigrate to a new country and fourteen years later you become a citizen.


Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law Jan 2008

Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.


The Law Of Recitals In European Community Legislation, Todas Klimas, Jurate Vaiciukaite Jan 2008

The Law Of Recitals In European Community Legislation, Todas Klimas, Jurate Vaiciukaite

ILSA Journal of International & Comparative Law

Recitals, those 'whereas' clauses, appear in contracts as well as legislation, although not all legislation contains recitals; indeed, recitals are 'against' the precepts of certain styles of legislation.


Why We Should Abandon The Balance Metaphor: A New Approach To Counterterrorism Policy, Stuart Macdonald Jan 2008

Why We Should Abandon The Balance Metaphor: A New Approach To Counterterrorism Policy, Stuart Macdonald

ILSA Journal of International & Comparative Law

One of the central objectives in counterterrorism policy is commonly said to be to balance the competing demands of security and liberty.


Prosecuting The President And His Entourage, Jordan J. Paust Jan 2008

Prosecuting The President And His Entourage, Jordan J. Paust

ILSA Journal of International & Comparative Law

During his so-called "war on terror," President Bush has authorized and ordered manifest violations of customary and treaty-based international law concerning the detention, transfer, and interrogation of numerous individuals.


Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law Jan 2008

Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.


The Private Military Company-Unravelling The Theoretical, Legal & Regulatory Mosaic, Benedict Sheehy, Jackson N. Maogoto Jan 2008

The Private Military Company-Unravelling The Theoretical, Legal & Regulatory Mosaic, Benedict Sheehy, Jackson N. Maogoto

ILSA Journal of International & Comparative Law

"Our economic analysis has disclosed the fact that it is only the interests of competing cliques of business men-investors, contractors, export manufacturers, and certain professional classes-that are antagonistic; that these cliques, usurping the authority and voice of the people, use the public resources to push their private interests, and spend the blood and money of the people in this vast and disastrous military game, feigning national antagonisms which have no basis in reality."'