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2000

International Law

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Articles 1 - 30 of 99

Full-Text Articles in Law

Tax, Trade And Harmful Tax Competition: Reflections On The Fsc Controversy, Reuven S. Avi-Yonah Dec 2000

Tax, Trade And Harmful Tax Competition: Reflections On The Fsc Controversy, Reuven S. Avi-Yonah

Articles

This article contrasts three approaches to dealing with the BEPS problem: adopting a unitary taxation regime, ending deferral, and adopting anti-base-erosion measures. It concludes that while the first approach is the best long-term option, the other two are more promising as immediate candidates for adoption in the context of U.S. tax reform and the OECD BEPS project.


Israel's Voice Muffled Amid Hail Of Stones: Distortion: Confronted With A Campaign Of Violence And Propaganda, Israel Goes Unheard In The Court Of World Opinion, Kenneth Lasson Dec 2000

Israel's Voice Muffled Amid Hail Of Stones: Distortion: Confronted With A Campaign Of Violence And Propaganda, Israel Goes Unheard In The Court Of World Opinion, Kenneth Lasson

All Faculty Scholarship

"I am in the U.S. until February. A few weeks ago, I went to our embassy in Washington and offered to speak on Israel's behalf, to present the true story of what's going on, to counter the very effective job being done by the Palestinians of making it appear as if they are Davids fighting Goliath, and we are not getting the truth out. But the people at the embassy just shrugged."

He knows that in 1948 some 630,000 Arab refugees were encouraged to leave Israel by their leaders, who promised to purge the land of ...


Constitutional Change And International Government, Chantal Thomas Nov 2000

Constitutional Change And International Government, Chantal Thomas

Cornell Law Faculty Publications

No abstract provided.


Georgia Journal Of International And Comparative Law Editorial And Managing Boards 2000-2001, Georgia Journal Of International And Comparative Law Oct 2000

Georgia Journal Of International And Comparative Law Editorial And Managing Boards 2000-2001, Georgia Journal Of International And Comparative Law

Materials from All Student Organizations

No abstract provided.


Jerusalem Policy Makes No Sense, Kenneth Lasson Sep 2000

Jerusalem Policy Makes No Sense, Kenneth Lasson

All Faculty Scholarship

Born recently in Jerusalem, this tiny apolitical person has just arrived in Baltimore from Israel with his proud parents, a journey that required him to have an American passport. All went smoothly at the U.S. consulate in East Jerusalem until I asked the woman processing the forms why there was no country listed after "Jerusalem" on the passport application.

In 1948, President Harry Truman, ignoring strong objections from the State Department, enabled the United States of America to become one of the first countries to recognize Israel. Jerusalem has always been Israel's capital. All U.S. embassies are ...


Injunctions Restraining Calls On Performance Bonds: Is Fraud The Only Ground In Singapore?, Quentin Loh, Hang Wu Tang Aug 2000

Injunctions Restraining Calls On Performance Bonds: Is Fraud The Only Ground In Singapore?, Quentin Loh, Hang Wu Tang

Research Collection School Of Law

This paper traces the divergence of Singapore law from English law with regard to the grounds upon which a call on a performance bond can be restrained, in particular the recent recognition of the Singapore Court of Appeal's ruling that "unconscionability" is a separate ground to restrain the call of a performance bond. This article examines the legal nature of an on demand performance bond and seeks to challenge the assumption that a performance bond is a mirror image of a letter of credit. This paper also discusses the recent case of Cargill International v. Bangladesh Sugar and Food ...


Harmonic Convergence? Constitutional Criminal Procedure In An International Context, Diane Marie Amann Jul 2000

Harmonic Convergence? Constitutional Criminal Procedure In An International Context, Diane Marie Amann

Scholarly Works

Throughout the world, a trend toward a shared - a constitutional - criminal procedure may be detected. It is evident in common-law, civil-law, and mixed systems: individual states like China adopt laws promising once-alien concepts like a presumption of innocence, even as supranational bodies like the International Tribunal for the former Yugoslavia debate how to adapt certain norms to a hybrid structure. Some have suggested that such developments may herald a harmonic convergence of criminal procedure rules. This Article examines the likelihood of such a convergence. It establishes as a keynote around which harmony may develop the model of constitutional criminal procedure ...


Deportation And Justice: A Constitutional Dialogue, Daniel Kanstroom Jul 2000

Deportation And Justice: A Constitutional Dialogue, Daniel Kanstroom

Boston College Law School Faculty Papers

Recent statutory changes to the United States immigration law have resulted in a large increase in the number of lawful permanent resident noncitizens who are deported because of prior criminal conduct. Now, deportation is often a virtually automatic consequence of conviction for an increasingly minor array of crimes including possessory drug offenses and shoplifting. Under current statutory law, permanent resident noncitizens may be deported for crimes that were not grounds for deportation when they were committed and there may be no possibiilty of mercy or humanitarian relief. This Dialogue explores arguments for and against this system. Specifically, it examines the ...


Spotting Money Launderers: A Better Way To Fight Organized Crime?, Diane Marie Amann Jul 2000

Spotting Money Launderers: A Better Way To Fight Organized Crime?, Diane Marie Amann

Scholarly Works

Money laundering investigations have been much in the news of late. There have been stories that Radil Salinas de Gortari laundered kickbacks from drug traffickers while his brother was President of Mexico. That Ferdinand Marcos stashed nearly half a billion dollars in Swiss banks while he ruled the Philippines. That two of Mexico's largest banks have pleaded guilty to laundering charges stemming from a controversial U.S. sting operation. That the former prime minister of Ukraine pleaded guilty to Swiss charges that he laundered $9 million in stolen funds, even as he faced U.S. charges of laundering $114 ...


The Persistent Problem Of Obligation In International Law, Eduardo M. Peñalver Jul 2000

The Persistent Problem Of Obligation In International Law, Eduardo M. Peñalver

Cornell Law Faculty Publications


Christians And The Military, Jeffrey C. Tuomala Jun 2000

Christians And The Military, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.


International Debt Forgiveness And Global Poverty Reduction, Chantal Thomas Jun 2000

International Debt Forgiveness And Global Poverty Reduction, Chantal Thomas

Cornell Law Faculty Publications

No abstract provided.


Panel: The International Criminal Court: Contemporary Perspectives And Prospects For Ratification, Ruti Teitel, Roy Lee, William K. Lietzau, George Fletcher, Richard Dicker, Paul Dubinsky Apr 2000

Panel: The International Criminal Court: Contemporary Perspectives And Prospects For Ratification, Ruti Teitel, Roy Lee, William K. Lietzau, George Fletcher, Richard Dicker, Paul Dubinsky

Law Faculty Research Publications

No abstract provided.


Of Law, Lawlessness, And Sovereignty : Multinational Peacekeeping And International Law, Antje Mays Apr 2000

Of Law, Lawlessness, And Sovereignty : Multinational Peacekeeping And International Law, Antje Mays

Dacus Library Faculty Publications

Laws of war have been carefully defined by individual nations’ own codes of law as well as by supranational bodies. Yet the international scene has seen an increasing movement away from traditionally declared war toward multinational peacekeeping missions geared at containing local conflicts when perceived as potential threats to their respective regions’ political stability. While individual nations’ laws governing warfare presuppose national sovereignty, the multinational nature of peacekeeping scenarios can blur the lines of command structures, soldiers’ national loyalties, occupational jurisdiction, and raise profound questions as to which countries’ moral sense/governmental system is to be the one upheld. Historically ...


Book Review Of Kosovo: How Myths And Truths Started A War, Linda A. Malone Apr 2000

Book Review Of Kosovo: How Myths And Truths Started A War, Linda A. Malone

Faculty Publications

No abstract provided.


Confessions And The Right To Counsel: Reflections On Recent Changes In Turkish Criminal Procedure, Robert K. Calhoun Apr 2000

Confessions And The Right To Counsel: Reflections On Recent Changes In Turkish Criminal Procedure, Robert K. Calhoun

Publications

No abstract provided.


Globalizing The Rule Of International Law At The Pre-Dawn Of A New Millennium, Sompong Sucharitkul Mar 2000

Globalizing The Rule Of International Law At The Pre-Dawn Of A New Millennium, Sompong Sucharitkul

The Sompong Sucharitkul Center for Advanced International Legal Studies

Following the close of the United Nations Decade of International Law on December 31, 1999, a new era has dawned within the American Society of International Law. The Group or Section involved in the United Nations Decade of International Law has renewed its continuing interests in international legal developments under the newly acquired title of UN21 or United Nations Legal Developments in the Twenty-First Century. Setting aside the precise date at which the twenty-first century and the Third Millennium may be truly considered to start running, i.e., on January 1st, 2000 Y2K or 2001 Y2K + 1. It is clear ...


The Internet Is Changing The Public International Legal System, Henry H. Perritt Jr. Mar 2000

The Internet Is Changing The Public International Legal System, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.


Kosovo's War Victims: Civil Compensation Or Criminal Justice For Indentity Elimination?, Irene Scharf Jan 2000

Kosovo's War Victims: Civil Compensation Or Criminal Justice For Indentity Elimination?, Irene Scharf

Faculty Publications

This Article is presented in three Parts. The first Part examines the likelihood that the displaced war victims could receive some type of civil compensation for their losses through the local courts in Yugoslavia. Part II scrutinizes the basic international human rights doctrines and systems of enforcement to determine whether they may offer remedies for the victims of identity elimination. Part III explores the likelihood that, through the Yugoslav Tribunal, those responsible for identity elimination may be held criminally responsible for their actions in Kosovo.


Water, Water Everywhere, But Too Few Drops To Drink: The Coming Fresh Water Crisis And International Environmental Law, Stephen C. Mccaffrey Jan 2000

Water, Water Everywhere, But Too Few Drops To Drink: The Coming Fresh Water Crisis And International Environmental Law, Stephen C. Mccaffrey

McGeorge School of Law Scholarly Articles

No abstract provided.


The Internet And Public International Law, John M. Rogers Jan 2000

The Internet And Public International Law, John M. Rogers

Law Faculty Scholarly Articles

It is perhaps commonplace to observe that recent developments in information technology are revolutionizing most aspects of our lives. Anything that affects our lives so profoundly will, of necessity, have a significant effect on the law. We can expect that the information revolution will have a comparably significant impact on the international system of binding obligations often called public international law. Just what that will be is of course extremely difficult to predict. Compounding that difficulty is the lack of consensus on just what actually amounts to the public international legal system. Scholars and lawyers still debate fundamental questions regarding ...


International Law In The Domestic Arena: The Case Of Torture In Israel, Catherine M. Grosso Jan 2000

International Law In The Domestic Arena: The Case Of Torture In Israel, Catherine M. Grosso

Faculty Publications

No abstract provided.


Beyond The Proposals: Public Participation In International Economic Law, Chios Carmody Jan 2000

Beyond The Proposals: Public Participation In International Economic Law, Chios Carmody

Law Publications

No abstract provided.


Resolving International Sanitary And Phytosanitary Disputes In The Wto: Lessons And Future Directions, Kevin C. Kennedy Jan 2000

Resolving International Sanitary And Phytosanitary Disputes In The Wto: Lessons And Future Directions, Kevin C. Kennedy

Faculty Publications

No abstract provided.


Election Monitoring: The International Legal Setting, Gregory H. Fox Jan 2000

Election Monitoring: The International Legal Setting, Gregory H. Fox

Law Faculty Research Publications

No abstract provided.


Dos Visiones Norteamericanas De La Jurisdicción De La Unión Europea, Richard T. Stith Jan 2000

Dos Visiones Norteamericanas De La Jurisdicción De La Unión Europea, Richard T. Stith

Law Faculty Publications

No abstract provided.


Human Rights, The World Bank And The Washington Consensus: 1949-1999, James T. Gathii Jan 2000

Human Rights, The World Bank And The Washington Consensus: 1949-1999, James T. Gathii

Faculty Publications & Other Works

No abstract provided.


Retelling Good Governance Narratives On Africa’S Economic And Political Predicaments: Continuities And Discontinuities In Legal Outcomes Between Markets And States, James T. Gathii Jan 2000

Retelling Good Governance Narratives On Africa’S Economic And Political Predicaments: Continuities And Discontinuities In Legal Outcomes Between Markets And States, James T. Gathii

Faculty Publications & Other Works

No abstract provided.


Alternative And Critical: The Contribution Of Research And Scholarship On Developing Countries To International Legal Theory, Symposium Issue Foreword, James T. Gathii Jan 2000

Alternative And Critical: The Contribution Of Research And Scholarship On Developing Countries To International Legal Theory, Symposium Issue Foreword, James T. Gathii

Faculty Publications & Other Works

No abstract provided.


Gender Politics In Global Governance, Berta E. Hernández-Truyol Jan 2000

Gender Politics In Global Governance, Berta E. Hernández-Truyol

UF Law Faculty Publications

Prof. Hernández-Truyol reviews the book Gender Politics in Global Governance from editors Mary K. Meyer and Elisabeth Prügl. Given the emergence of multilateral institutions in this century, the mobilization of women against "male supremacy" has taken an internationalist turn; it seeks to shape "the agendas of international organizations and the normative practices of global governance." In an effort to understand and analyze this movement and its impact, the editors have compiled a volume drawing new research together exploring gender politics in global governance that is also "attentive to historical and contemporary modes of women's organizing from the local to ...