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2006

International Law

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Articles 31 - 60 of 158

Full-Text Articles in Law

The New South Wales Carers’ Responsibilities Act, Workplace Flexibility 2010, Georgetown University Law Center, Georgetown Federal Legislation Clinic Apr 2006

The New South Wales Carers’ Responsibilities Act, Workplace Flexibility 2010, Georgetown University Law Center, Georgetown Federal Legislation Clinic

Memos and Fact Sheets

Enacted in 2001, the New South Wales Carers’ Responsibilities Act (“CRA”) prohibits discrimination against employees with caregiver responsibilities and provides access to reasonable flexible work arrangements. Under this law, employees have the right to request accommodations for their carer responsibilities, and employers have an affirmative obligation to consider and grant reasonable accommodations that do not impose an unjustifiable hardship. The affirmative accommodation requirement extends to requests for flexible working hours, working from home (telecommuting), part-time work, and job-share arrangements.


Terrorism And Asylum Seekers: Why The Real Id Act Is A False Promise, Marisa S. Cianciarulo Apr 2006

Terrorism And Asylum Seekers: Why The Real Id Act Is A False Promise, Marisa S. Cianciarulo

Working Paper Series

The Real ID Act, passed on May 11, 2005, is the first post-September 11 antiterrorism legislation specifically to target a group of vulnerable individuals to whom the United States has historically granted protection: asylum seekers. The passage of the Real ID Act led asylum advocates to wring their hands in despair and immigration restrictionists to clap their hands in glee. This Article argues that both sides of the debate may have been justified in their reactions, but not because of the immediate chilling impact on asylum that they seem to expect. With regard to requirements for establishing asylum eligibility, the ...


New International Human Rights Standards On Unauthorized Immigrant Worker Rights: Seizing An Opportunity To Pull Governments Out Of The Shadows, Beth Lyon Apr 2006

New International Human Rights Standards On Unauthorized Immigrant Worker Rights: Seizing An Opportunity To Pull Governments Out Of The Shadows, Beth Lyon

Working Paper Series

Governments cannot ignore international human rights standards for unauthorized migrant workers forever. This chapter presents a call for comparative work on the issue of the legal regimes affecting unauthorized immigrant workers in order to bring governments into greater awareness and compliance with their obligations to unauthorized immigrant workers.

Global illegal migration by laborers seeking economic opportunities is expanding, resulting in an increasing number of migrants in every country who are working in violation of immigration laws. Unauthorized immigrant workers are numerous enough to form a recognizable group in every major world economy, because most receiving countries have immigration laws that ...


What's Your Sign? -- International Norms, Signals, And Compliance, Charles K. Whitehead Apr 2006

What's Your Sign? -- International Norms, Signals, And Compliance, Charles K. Whitehead

Cornell Law Faculty Publications

This Article proposes a new approach to analyzing state compliance with international obligations, positing that increased interaction among the world's regulators has reinforced norms within cross-border regulatory networks, influencing the actions of senior regulators who are network members and, in turn, affecting levels of state compliance.

Network norms help define what state actions constitute signals and the meanings of those signals. Certain actions, such as implementing a substantive network standard, may be considered a concrete expression of an abstract network norm. States that fail to implement that standard risk failing to send the right signal, potentially incurring significant network ...


The Public Policy And Mandatory Rules Of Third Countries In International Contracts, Adeline Chong Apr 2006

The Public Policy And Mandatory Rules Of Third Countries In International Contracts, Adeline Chong

Research Collection School Of Law

While party autonomy has risen in the field of contract, this autonomy is not unfettered. Parties are allowed to choose the governing law of the contract but limitations on party choice can be seen through the operation of public policy and mandatory rules. The public policy and mandatory rules of three laws may be imposed onto the contract: that of the lex fori, the governing law of the contract and the law of a third country with a connection to the contract. It is generally accepted that the public policy and mandatory rules of the forum have a legitimate role ...


Old Poison In New Bottles: Trafficking And The Extinction Of Respect, Winston P. Nagan, Alvaro De Medeiros Apr 2006

Old Poison In New Bottles: Trafficking And The Extinction Of Respect, Winston P. Nagan, Alvaro De Medeiros

UF Law Faculty Publications

The new form of slavery comes by that relatively innocuous title, “trafficking.” Trafficking is an illustration of the dynamic character of the social and antisocial forces that conspire to undermine the idea of human dignity in the world community. The forms of crime are in fact dynamic. Frequently the institutional forces behind crime have capital, lethal functionaries, technology, and a capacity to advance criminal interests, both within states and across state lines. To the extent that crime itself is dynamic it must as well be acknowledged that human rights violations in general also have a dynamic character. In short, when ...


Are We Safer?, David Cole Mar 2006

Are We Safer?, David Cole

Georgetown Law Faculty Publications and Other Works

No abstract provided.


John Paul Stevens, Human Rights Judge, Diane Marie Amann Mar 2006

John Paul Stevens, Human Rights Judge, Diane Marie Amann

Scholarly Works

This article explores the nature and origins of Supreme Court Justice John Paul Stevens' engagement with international and foreign law and norms. It first discusses Stevens' pivotal role in the revived use of such norms to aid constitutional interpretation, as well as 1990s opinions testing the extent to which constitutional protections reach beyond the water's edge and 2004 opinions on post-September 11 detention. It then turns to mid-century experiences that appear to have contributed to Stevens' willingness to consult foreign context. The article reveals that as a code breaker Stevens played a role in the downing of the Japanese ...


No Laughing Matter: The Controversial Danish Cartoons Depicting The Prophet Mohammed, And Their Broader Meaning For The Europe’S Public Square, Ruti G. Teitel Feb 2006

No Laughing Matter: The Controversial Danish Cartoons Depicting The Prophet Mohammed, And Their Broader Meaning For The Europe’S Public Square, Ruti G. Teitel

Other Publications

No abstract provided.


Domestic Law And Tax Treaties: The United States, Anthony C. Infanti Jan 2006

Domestic Law And Tax Treaties: The United States, Anthony C. Infanti

University of Pittsburgh School of Law Working Paper Series

In this paper, I provide an overview of the interaction between U.S. domestic law and tax treaties. This paper was prepared for, and was presented at, a conference on domestic law and tax treaties that took place in Milan, Italy in November 2005, under the aegis of the Italian Council of Ministers and the Organisation for Economic Co-operation and Development. The papers presented at the conference (including this paper) are scheduled to be published in book form---as part of the International Bureau of Fiscal Documentation’s “EC and International Law Series”---in early 2006.

As is the case with ...


The U.S. And The International Criminal Court (Icc), Paul R. Rickert Jan 2006

The U.S. And The International Criminal Court (Icc), Paul R. Rickert

Faculty Publications and Presentations

This paper is a discussion of the notable issues the U.S. points out regarding the Rome Treaty, the treaty establishing the International Criminal Court.


Brief For Petitioner Salim Ahmed Hamdan, Hamdan V. Rumsfeld, No. 05-184 (U.S. Jan. 6, 2006), Neal K. Katyal Jan 2006

Brief For Petitioner Salim Ahmed Hamdan, Hamdan V. Rumsfeld, No. 05-184 (U.S. Jan. 6, 2006), Neal K. Katyal

U.S. Supreme Court Briefs

No abstract provided.


The American Origins Of Liberal And Illiberal Regimes Of International Economic Governance In The Marshall Court, James T. Gathii Jan 2006

The American Origins Of Liberal And Illiberal Regimes Of International Economic Governance In The Marshall Court, James T. Gathii

Faculty Publications & Other Works

No abstract provided.


Commerce, Conquest, And Wartime Confiscation, James T. Gathii Jan 2006

Commerce, Conquest, And Wartime Confiscation, James T. Gathii

Faculty Publications & Other Works

No abstract provided.


Imperialism, Colonialism, And International Law, James T. Gathii Jan 2006

Imperialism, Colonialism, And International Law, James T. Gathii

Faculty Publications & Other Works

No abstract provided.


The Shrinking Dead Sea And The Red-Dead Canal: A Sisyphean Tale, Stephen C. Mccaffrey Jan 2006

The Shrinking Dead Sea And The Red-Dead Canal: A Sisyphean Tale, Stephen C. Mccaffrey

McGeorge School of Law Scholarly Articles

No abstract provided.


Umbrella Clauses In Bilateral Investment Treaties: Of Breaches Of Contract, Treaty Violations, And The Divide Between Developing And Developed Countries In Foreign Investment Disputes, Jarrod Wong Jan 2006

Umbrella Clauses In Bilateral Investment Treaties: Of Breaches Of Contract, Treaty Violations, And The Divide Between Developing And Developed Countries In Foreign Investment Disputes, Jarrod Wong

McGeorge School of Law Scholarly Articles

No abstract provided.


The Iraqi High Tribunal And Rule Of Law: Challenges, Mark A. Drumbl Jan 2006

The Iraqi High Tribunal And Rule Of Law: Challenges, Mark A. Drumbl

Faculty Scholarship

None available.


The 2005 Trips Extension For The Least-Developed Countries: A Failure Of The Single Undertaking Approach?, Kevin C. Kennedy Jan 2006

The 2005 Trips Extension For The Least-Developed Countries: A Failure Of The Single Undertaking Approach?, Kevin C. Kennedy

Faculty Publications

No abstract provided.


South Korea's National Security Law: A Tool Of Oppression In An Insecure World, Diane B. Kraft Jan 2006

South Korea's National Security Law: A Tool Of Oppression In An Insecure World, Diane B. Kraft

Law Faculty Scholarly Articles

In September 2004, the ruling party in South Korea, along with two opposition parties, called for the abolishment of the 1948 anti-communist National Security Law. The following month, Amnesty International, a long-time critic of the law, officially called for the law's repeal. The law had been enacted in 1948 in response to threats from communist North Korea, but has long been used by the government to silence legitimate opposition in South Korea. This Comment will examine South Korea's National Security Law as viewed by its domestic supporters and critics, as well as by the international community. Part I ...


The Sanctity Of Sovereign Loan Contracts And Its Origins In Enforcement Litigation, James T. Gathii Jan 2006

The Sanctity Of Sovereign Loan Contracts And Its Origins In Enforcement Litigation, James T. Gathii

Faculty Publications & Other Works

No abstract provided.


Exporting Culture Wars, James T. Gathii Jan 2006

Exporting Culture Wars, James T. Gathii

Faculty Publications & Other Works

No abstract provided.


Book Review: International Environmental Treaties And State Behavior: Factors Influencing Cooperation, Maxwell O. Chibundu Jan 2006

Book Review: International Environmental Treaties And State Behavior: Factors Influencing Cooperation, Maxwell O. Chibundu

Faculty Scholarship

No abstract provided.


Rethinking The Great Lakes Compact, Mark Squillace Jan 2006

Rethinking The Great Lakes Compact, Mark Squillace

Articles

On December 13, 2005, the Governors and Premiers of the Great Lakes states and provinces signed a Compact and Agreement that commits the parties to a rigorous program to regulate individual water uses, with citizen suits to enforce the requirements. While the Great Lakes-St. Lawrence River Basin Water Resources Compact and companion Agreement are commendable in many respects, this Article argues that people who care about the future of the Great Lakes should urge policymakers to reject the current proposals and rethink the entire approach. The proposed compact is fundamentally flawed and will not achieve the ultimate stated goal of ...


Between Rogues And Liberals: Towards Value Pluralism As A Theory Of Freedom Of Religion In International Law, Peter G. Danchin Jan 2006

Between Rogues And Liberals: Towards Value Pluralism As A Theory Of Freedom Of Religion In International Law, Peter G. Danchin

Faculty Scholarship

No abstract provided.


Rule-Skepticism, "Strategery," And The Limits Of International Law, David Gray Jan 2006

Rule-Skepticism, "Strategery," And The Limits Of International Law, David Gray

Faculty Scholarship

This is a review essay of Eric Posner and Jack Goldsmith's fascinating book, The Limits of International Law. In the essay I provide an exegesis of the core argument of the book, which is that the conduct of states in fields occupied by international law is more powerfully described by game theory than by law talk. In particular, the authors argue that state conduct traditionally described in terms of obedience and violation is actually determined by self-interest modified by the strategic conditions of identifiable games; principally coincidence games, coordination games, coercion games, and iterated prisoner dilemmas. In the essay ...


Procuring Guilty Pleas For International Crimes: The Limited Influence Of Sentencing Discounts, Nancy Amoury Combs Jan 2006

Procuring Guilty Pleas For International Crimes: The Limited Influence Of Sentencing Discounts, Nancy Amoury Combs

Faculty Publications

International tribunals prosecuting those responsible for genocide, crimes against humanity, and war crimes face many of the same resource constraints that bedevil national criminal justice systems. Consequently, international tribunals have begun to utilize various procedural devices long used by national prosecutors to speed case dispositions. One such procedural device is the guilty plea. National prosecutors induce criminal defendants to plead guilty and waive their rights to trial through a process of plea bargaining; that is, by offering defendants sentencing concessions in exchange for their guilty pleas. International prosecutors who seek to engage in plea bargaining, however, face a host of ...


The Impact Of Regional Economic Integration Under The Gatt/Wto Regime Toward The Peace Process: The Case Of Conflict Resolution Between Taiwan And Mainland China, Chen-Yu Wang Jan 2006

The Impact Of Regional Economic Integration Under The Gatt/Wto Regime Toward The Peace Process: The Case Of Conflict Resolution Between Taiwan And Mainland China, Chen-Yu Wang

SJD Dissertation Abstracts

The main idea of this dissertation is to analyze the possible range of expected a bilateral trade agreement toward economic integration between Taiwan and Mainland China as the first step of peace process. By doing this, this dissertation is devoted to the examination of the "regional economic integration under the GATT/WTO regime" and its impacts on the "peace process," especially in the circumstance of Taiwan Strait.

Although the mutual economic and trade transactions are closer than ever before, the political conflicts between Taiwan and Mainland China are too serious to nearly reach war. Taking into consideration the successful accession ...


Pro-Democratic Intervention In Africa, Jeremy I. Levitt Jan 2006

Pro-Democratic Intervention In Africa, Jeremy I. Levitt

Journal Publications

In the past twenty years the people of the African continent have experienced human suffering on a scale unparalleled in human history. For the past decade I have examined and documented the evolution of Africa's peacekeeping, peace enforcement, regional collective security, and conflict management landscape as well as Africa's contribution to international law, particularly as it relates to the jus ad bellum, "the law of the use of force". Although an abundance of scholarly work and official studies have examined the complexities of humanitarian intervention, only a select body of credible work has considered the phenomenon of pro-democratic ...


Illegal Peace?: An Inquiry Into The Legality Of Power-Sharing With Warlords And Rebels In Africa, Jeremy I. Levitt Jan 2006

Illegal Peace?: An Inquiry Into The Legality Of Power-Sharing With Warlords And Rebels In Africa, Jeremy I. Levitt

Journal Publications

When warlords use violence to coerce democratically constituted governments to share power, does power-sharing simply become a euphemism for "guns for jobs"? Which legal rules, if any, govern peace agreements in internal conflicts? Specifically, which rules regulate power-sharing? Are the aims of peace, justice, and adherence to the rule of law attainable, let alone compatible, with coerced political transitions where warlords force democratically constituted or legitimate governments to share power?

This Article represents the first conscientious attempt to address these questions, present a conceptual framework for examining the legal and political efficacy of coercing democratically constituted governments into sharing power ...