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Full-Text Articles in Law

A Solution To The Yahoo! Problem? The Ec E-Commerce Directive As A Model For International Cooperation On Internet Choice Of Law, Mark F. Kightlinger Apr 2003

A Solution To The Yahoo! Problem? The Ec E-Commerce Directive As A Model For International Cooperation On Internet Choice Of Law, Mark F. Kightlinger

Law Faculty Scholarly Articles

In May 2000, a French court decided that a French law banning the display of Nazi materials for sale applies to an auction website hosted by the California-based company Yahoo! Inc. The following year, at the request of Yahoo! Inc., a U.S. District Court declared that the French judgment was unenforceable in the United States because enforcing it would violate an important public policy-the First Amendment. These two cases have attracted considerable attention because they crystallize a difficult problem. The Internet is global. Every website potentially reaches every home on the planet. Thus, website content or activity that may be …


Judging Global Justice: Assessing The International Criminal Court, Diane Orentlicher Jan 2003

Judging Global Justice: Assessing The International Criminal Court, Diane Orentlicher

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The International Court Of Justices Decision In Congo V Belgium How Has It Affected The Development Of A Principle Of Universal Jurisdiction That Would Obligate All States To Prosecute War Criminals, Mark A. Summers Jan 2003

The International Court Of Justices Decision In Congo V Belgium How Has It Affected The Development Of A Principle Of Universal Jurisdiction That Would Obligate All States To Prosecute War Criminals, Mark A. Summers

Faculty Scholarship

No abstract provided.


Jurisdiction To Adjudicate And Jurisdiction To Prescribe In International Criminal Courts, Kenneth S. Gallant Jan 2003

Jurisdiction To Adjudicate And Jurisdiction To Prescribe In International Criminal Courts, Kenneth S. Gallant

Faculty Scholarship

Direct jurisdiction over individuals, along with responsibilities to them, are outstanding characteristics of the new International Criminal Court (ICC or Court), as they already are of the International Criminal Tribunals for the Former Yugoslavia (ICTY) and for Rwanda (ICTR). This Article raises issues of legitimate power to prosecute and to define criminal law and issues of individual human rights which necessarily arise in any criminal system.

This Article is predominantly an analysis of issues of criminal jurisdiction over persons as they are treated in the ICC Statute, as well as in the current ad hoc international criminal tribunals. Part II …