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Series

International Law

1996

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Articles 1 - 30 of 86

Full-Text Articles in Law

Implementing The Public Welfare Requirement In New Mexico's Water Code, Consuelo Bokum Oct 1996

Implementing The Public Welfare Requirement In New Mexico's Water Code, Consuelo Bokum

Publications

Despite the fact that the New Mexico legislature added a public welfare criterion to the water code over 10 years ago, the State Engineer Office has not addressed the application of the criterion by regulation and has only addressed the public welfare briefly in a few decisions. There is almost no case law in New Mexico addressing this issue. More and more participants, however, are raising public welfare in water rights protests. This paper addresses how the public welfare criterion has developed in western water law and proposes an approach for use of the criterion in New Mexico.


International Dimensions, Vol. 1 #1, Int'l Law Society Oct 1996

International Dimensions, Vol. 1 #1, Int'l Law Society

The Sompong Sucharitkul Center for Advanced International Legal Studies

A journal of personal impression, experience and commentary on the subject of international law published by members of the International Law Society, Golden Gate University School of Law.


International Dimensions, International Law Society, Ggu Oct 1996

International Dimensions, International Law Society, Ggu

Miscellaneous Publications

International Dimensions: a journal of personal impression, experience and commentary on the subject of international law, published by members of the International Law Society, Golden Gate University School of Law. Inaugural Issue.


Beyond Bosnia And In Re Kasinga: A Feminist Perspective On Recent Developments In Protecting Women From Sexual Violence, Linda A. Malone Oct 1996

Beyond Bosnia And In Re Kasinga: A Feminist Perspective On Recent Developments In Protecting Women From Sexual Violence, Linda A. Malone

Faculty Publications

No abstract provided.


Nuremberg - Fifty Years: Accountability And Responsibility, William G. Eckhardt Oct 1996

Nuremberg - Fifty Years: Accountability And Responsibility, William G. Eckhardt

Faculty Works

No abstract provided.


Judgment At The Hague, Ruti Teitel Oct 1996

Judgment At The Hague, Ruti Teitel

Articles & Chapters

No abstract provided.


Applying Equilibrium And The Ficas Model: A Case Study Of Capital Adequacy And Currency Trading, Raj Bhala Oct 1996

Applying Equilibrium And The Ficas Model: A Case Study Of Capital Adequacy And Currency Trading, Raj Bhala

Faculty Publications

No abstract provided.


The Role Of The United Nations In The Maintenance Of Peace Before And After The Year Two Thousand, Gabriel M. Wilner Sep 1996

The Role Of The United Nations In The Maintenance Of Peace Before And After The Year Two Thousand, Gabriel M. Wilner

Scholarly Works

This short description of some of the important ideas set forth in the various contributions to the Colloquium is meant to give the reader an idea of the broad spectrum of issues and problems with which the international community is confronted both in continuing to use the present structure and competence of the Security Council and in making reforms. While the General Assembly and other organs of the United Nations and of regional and national institutions are mentioned as useful in the struggle to maintain world peace, it is clear that the Security Council will continue to dominate the work …


The New Dimensions Of United Nations Peacemaking, Louis B. Sohn Sep 1996

The New Dimensions Of United Nations Peacemaking, Louis B. Sohn

Scholarly Works

Since its beginning, mankind has alternated between periods of peace and war. The Twentieth Century was the first one in which attempts were made to outlaw war and to establish institutions which would protect the peoples of the world against war. After the carnage of the Second World War, the United Nations was established "to save succeeding generations from the scourge of war," and the Security Council was given the "primary responsibility for the maintenance of international peace and security." The founders of the United Nations tried to ensure that the Council would have necessary means for discharging this responsibility, …


Noted Japanese Jurist Speaks Out Against Capital Punishment Jul 1996

Noted Japanese Jurist Speaks Out Against Capital Punishment

Alfred Aman Jr. (1991-2002)

No abstract provided.


Consensus, Dissensus And Contractual Obligation Through The Prism Of Uniform International Sales Law, Michael P. Van Alstine Jun 1996

Consensus, Dissensus And Contractual Obligation Through The Prism Of Uniform International Sales Law, Michael P. Van Alstine

Faculty Scholarship

No abstract provided.


The Principles Of Good-Neighborliness In International Law, Sompong Sucharitkul Apr 1996

The Principles Of Good-Neighborliness In International Law, Sompong Sucharitkul

Publications

As we enter the second half of the Decade of International Law proclaimed by the United Nations in preparation for the new era of the twenty-first century, it has become more and more apparent that among the fundamental principles of international law currently ripening for codification, the principles of good-neighborliness deserve our utmost and urgent consideration, lest more of us will fall further victims to intolerance and succumb to the temptation of unneighborly conduct.


The Jerusalem Embassy Act, Malvina Halberstam Apr 1996

The Jerusalem Embassy Act, Malvina Halberstam

Articles

No abstract provided.


International Water Law And The Protection Of River Ecosystem Integrity, A. Dan Tarlock Mar 1996

International Water Law And The Protection Of River Ecosystem Integrity, A. Dan Tarlock

All Faculty Scholarship

No abstract provided.


Human Rights Monitoring In Germany: A Rejoinder, Maryellen Fullerton Jan 1996

Human Rights Monitoring In Germany: A Rejoinder, Maryellen Fullerton

Faculty Scholarship

No abstract provided.


Book Review Of The Yearbook Of The International Law Commission, James S. Heller Jan 1996

Book Review Of The Yearbook Of The International Law Commission, James S. Heller

Library Staff Publications

No abstract provided.


Federal Courts And World Civil Society, Gordon A. Christenson Jan 1996

Federal Courts And World Civil Society, Gordon A. Christenson

Faculty Articles and Other Publications

This article proposes that in all international civil litigation federal judges should use international and foreign law pragmatically as an aid to decisions which further the substantive values of "world civil society." These values are similar to those of civil society in a federal republic with an elaborate bill of rights - to preserve voluntary associations of human dignity and enterprise whose spirit transcends the public order of sovereign states.


Hungary, Refugees. And The Law Of Return, Maryellen Fullerton Jan 1996

Hungary, Refugees. And The Law Of Return, Maryellen Fullerton

Faculty Scholarship

No abstract provided.


Book Review Of Problems And Process: International Law And How We Use It, By Rosalyn Higgins, Lung-Chu Chen Jan 1996

Book Review Of Problems And Process: International Law And How We Use It, By Rosalyn Higgins, Lung-Chu Chen

Articles & Chapters

No abstract provided.


On The Way To The Forum: The Reconstruction Of Article 2(7) And The Rise Of Federalism Under The United Nations Charter, Antonio F. Perez Jan 1996

On The Way To The Forum: The Reconstruction Of Article 2(7) And The Rise Of Federalism Under The United Nations Charter, Antonio F. Perez

Scholarly Articles

This Article argues that the U.S. and EC views of the national security interests exceptions reflect competing conceptions of the WTO legal order. Under the first, the WTO is viewed as merely an agreement between states governing a limited issue area, the disciplining of protectionist policies, under which other issue areas are reserved to sovereign state decisionmaking or, alternatively, whatever other international institutions states have separately granted competence for management of the issue. Under this view, the United States might well argue that its Helms-Burton sanctions are outside the jurisdiction of the WTO and instead within the jurisdiction of the …


The Harmon Doctrine One Hundred Years Later: Buried, Not Praised, Stephen C. Mccaffrey Jan 1996

The Harmon Doctrine One Hundred Years Later: Buried, Not Praised, Stephen C. Mccaffrey

McGeorge School of Law Scholarly Articles

The “Harmon Doctrine” is perhaps the most notorious theory in all of international natural resources law. Based upon an opinion of Attorney General Judson Harmon issued a hundred years ago, the doctrine holds that a country is absolutely sovereign over the portion of an international watercourse within its borders. Thus that country would be free to divert all of the water from an international watercourse, leaving none for downstream states. This article looks closely at the Harmon Doctrine in historical context. An examination of the conduct of the United States during the dispute with Mexico over the Rio Grande that …


España, La Unión Europea Y Cuba : De Una Relación Especial A Una De Gestos Y De Presión, Joaquín Roy Jan 1996

España, La Unión Europea Y Cuba : De Una Relación Especial A Una De Gestos Y De Presión, Joaquín Roy

Cuban Studies Association Occasional Papers

Desde el preludio del final de una importante etapa politica en Espana (el anuncio en otono de 1995 de las elecciones que se celebraron el 3 de marzo de 1996) hasta la toma de posesion de Jose Maria Aznar se extiende un espacio de tiempo que cubre varios meses de 1995 y los primeros de 1996. En lo que respecta a las relaciones entre Espana y Cuba, este espado temporal esta pespunteado por un puriado de acontecimientos y detalles que se presentan como candidatos para tener un impacto notable en la futura relacion entre los dos pafses. Estos hechos son …


The Politics Of Human Rights: Beyond The Abolitionist Paradigm In Africa (Review Essay), Makau Wa Mutua Jan 1996

The Politics Of Human Rights: Beyond The Abolitionist Paradigm In Africa (Review Essay), Makau Wa Mutua

Book Reviews

Review of Claude E. Welch, Protecting Human Rights in America: Strategies and Roles of Non-Governmental Organizations (1995).


Legal Aspects Of The New International Economic Order - Moving Towards A Viable Framework For Development In Sub-Saharan Africa, Idara Ekaete Bassey Jan 1996

Legal Aspects Of The New International Economic Order - Moving Towards A Viable Framework For Development In Sub-Saharan Africa, Idara Ekaete Bassey

LLM Theses and Essays

While the primary objective of the United Nations is to maintain peace and security, Article 55 of the Charter also tasks the U.N. with facilitating higher standards of living, full employment, and social and economic development. To achieve this goal, the U.N. adopted three instruments which make up the New International Economic Order (NIEO). This thesis assesses the goals for development in the Third World, focusing on sub-Saharan Africa, and the NIEO’s capacity to serve in that regard. Sub-Saharan Africa is larger in land area than the U.S. and has abundant natural resources and agricultural land, so the basis for …


Major Changes In Council Regulation 3283/94: Its Compatibility With The Uruguay Round Anti-Dumping Code, Sangsoo Son Jan 1996

Major Changes In Council Regulation 3283/94: Its Compatibility With The Uruguay Round Anti-Dumping Code, Sangsoo Son

LLM Theses and Essays

Dumping can be defined as exporting goods at prices below those charged on the domestic market or at prices insufficient to recover the cost of the goods sold. Dumping is considered an unfair trading practice because it interferes with free market economy principles. During the 1980s, anti-dumping measures were an important issue for a few developed countries that had attractive markets for foreign producers; these countries were the United States, the European Community, Canada, and Australia. The European Community (EC) has developed its own anti-dumping laws over the years; Article 113 of the EEC Treaty gives power to Community institutions …


The Recognition And Enforcement Of Foreign Equitable Remedies And Other Types Of Non-Money Judgments In United States And French Courts: A Comparative Analysis, Noele Sophie Rigot Jan 1996

The Recognition And Enforcement Of Foreign Equitable Remedies And Other Types Of Non-Money Judgments In United States And French Courts: A Comparative Analysis, Noele Sophie Rigot

LLM Theses and Essays

Courts of industrialized nations are often faced with adjudication of cases which involve foreign components. It is common for those courts to be asked by individuals or legal entities from a transnational environment to adjudicate with regard to some elements already adjudged in a different legal system as if it were a local judgment. The question that arises is how effects should be given when dealing with prior adjudications. Most countries agree to recognize some effects determined by foreign jurisdictions, as long as those determinations meet standards that guarantee proper integration of the foreign decision into the domestic setting. These …


Analysis Of The U.S. Regulations Of Derivatives: Does The Use Of Such Complicated Instruments Pose A Serious Threat To The Safety And Soundness Of The U.S. Banking System?, Erwin De Deyn Jan 1996

Analysis Of The U.S. Regulations Of Derivatives: Does The Use Of Such Complicated Instruments Pose A Serious Threat To The Safety And Soundness Of The U.S. Banking System?, Erwin De Deyn

LLM Theses and Essays

In the last fifteen years, the globalization of financial markets and institutions along with innovative investment strategies have caused an irreversible revolution in the world’s financial markets. Investors and managers can now use new instruments, such as derivatives, for guarding against financial risks. Derivatives are financial instruments whose returns are derived from other assets or variables, like futures and options. The growth of derivative markets has accelerated rapidly in the last ten years, which has caused financial markets in the United States and throughout the world to be more efficient, which contributes to economic welfare. However, the dramatic growth in …


Choice Of The Applicable Law In United States Maritime Law And The Venezuelan System, Daniel Eric Vielleville Jan 1996

Choice Of The Applicable Law In United States Maritime Law And The Venezuelan System, Daniel Eric Vielleville

LLM Theses and Essays

International maritime transport is an important means of transport in international trade. The vessels used in international maritime transport face unique dangers which necessitate maritime law that addresses the perils associated with maritime transport. Maritime law concerns many jurisdictions, which creates a special interest for the study of conflict of laws. There are private international maritime laws in addition to multilateral treaties. This paper analyzes the international approach that the United States takes in maritime conflict of laws, and compares it with the Venezuelan system of private international law. Venezuela is a civil law country with old maritime legislation which …


The New Oppenheim And Its Theory Of International Law, Mark Weston Janis Jan 1996

The New Oppenheim And Its Theory Of International Law, Mark Weston Janis

Faculty Articles and Papers

No abstract provided.


International Trade And Competition Law In Japan, David J. Gerber Jan 1996

International Trade And Competition Law In Japan, David J. Gerber

All Faculty Scholarship

No abstract provided.