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2006

International Law

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Articles 61 - 90 of 159

Full-Text Articles in Law

The Current State Of International Law, S. James Anaya Jan 2006

The Current State Of International Law, S. James Anaya

Articles

No abstract provided.


International Environmental Law: 2006 Annual Report, Jane C. Luxton, Lakshman Guruswamy, Kevin L. Doran Jan 2006

International Environmental Law: 2006 Annual Report, Jane C. Luxton, Lakshman Guruswamy, Kevin L. Doran

Articles

No abstract provided.


How Just Is The Union's Area Of Freedom, Security And Justice?:An Assessment Of The Normative Status Of International Fundamental Rights In The Union's Legal Order., Stephen Carruthers Jan 2006

How Just Is The Union's Area Of Freedom, Security And Justice?:An Assessment Of The Normative Status Of International Fundamental Rights In The Union's Legal Order., Stephen Carruthers

Other resources

This thesis argues that international fundamental rights provide the most appropriate measure of justice for the Union’s area of ‘freedom, security and justice’ (AFSJ). However, it is argued that the normative status of international fundamental rights in Union law is undermined by the pursuit of the objective of autonomy of Union law and deficiencies in the legal mechanisms for giving effect to those rights.

This research analyses the sources and normative status of international fundamental rights in Union law, and in particular the AFSJ, both as currently constituted and under the Constitution, and assesses the robustness and effectiveness of ...


The Vexing Problem Of Authority In Humanitarian Intervention: A Proposal, Fernando R. Tesón Jan 2006

The Vexing Problem Of Authority In Humanitarian Intervention: A Proposal, Fernando R. Tesón

Scholarly Publications

As is well known, the doctrine of humanitarian intervention raises a host of thorny issues: the threshold for intervention, the question of proportionality, the problem of last resort, the dilemma of whether or not to codify standards and procedures, and so forth. In this paper I will not address those issues; crucial and controversial as they are; I will assume that they have been somehow settled. I will also assume that it is desirable to find alternatives to unilateral intervention. The question, then, becomes this: who should authorize humanitarian intervention? Any acceptable authorizing procedure must avoid over-intervention and abuse on ...


Gender, Persecution, And The International Criminal Court: Refugee Law’S Relevance To The Crime Against Humanity Of Gender-Based Persecution, Valerie Oosterveld Jan 2006

Gender, Persecution, And The International Criminal Court: Refugee Law’S Relevance To The Crime Against Humanity Of Gender-Based Persecution, Valerie Oosterveld

Law Publications

No abstract provided.


Responsibilities Of Judges And Advocates In Civil And Common Law: Some Lingering Misconceptions Concerning Civil Lawsuits, Geoffrey C. Hazard Jr., Angelo Dondi Jan 2006

Responsibilities Of Judges And Advocates In Civil And Common Law: Some Lingering Misconceptions Concerning Civil Lawsuits, Geoffrey C. Hazard Jr., Angelo Dondi

Faculty Scholarship at Penn Law

No abstract provided.


Indian Givers: What Indigenous Peoples Have Contributed To International Human Rights Law, S. James Anaya Jan 2006

Indian Givers: What Indigenous Peoples Have Contributed To International Human Rights Law, S. James Anaya

Articles

No abstract provided.


Seeking The Best Forum To Prosecute International War Crimes: Proposed Paradigms And Solutions, Milena Sterio Jan 2006

Seeking The Best Forum To Prosecute International War Crimes: Proposed Paradigms And Solutions, Milena Sterio

Law Faculty Articles and Essays

This Article will focus on some of the practical considerations underlying the decision to resort to a particular type of prosecution: international, hybrid, or national. Part II of this Article will describe the ICTY's referral of the Ademi/Norac case to Croatian national courts, focusing on the reasons underlying the referral, as well as on the appropriateness of the referral in light of international criminal law. Part III will then focus on the Special Court, in an effort to assess whether such a hybrid tribunal is a better form of international justice. Finally, Part IV will outline certain paradigms ...


International Secured Transactions And Insolvency, Mark J. Sundahl, Susan Jaffe Roberts, Jeff Carruth, Walter Douglas Stuber Jan 2006

International Secured Transactions And Insolvency, Mark J. Sundahl, Susan Jaffe Roberts, Jeff Carruth, Walter Douglas Stuber

Law Faculty Articles and Essays

The following article surveys some of the significant developments in the field of cross-border insolvencies and secured financing during the twelve months prior to December 1, 2005. The most publicized and long-awaited bankruptcy development was the enactment of legislation in the United States to adopt the UNCITRAL framework for the recognition of foreign insolvency proceedings. Even with the adoption of the UNICTRAL framework, American courts continued to render significant decisions under the former law which may, over time, inform practice, under the UNICTRAL provisions. Brazil also enacted significant bankruptcy reforms during 2005. The international law of secured transactions experienced a ...


Enforcement Of Human Rights Under Regional Mechanisms: A Comparative Analysis, Fekadeselassie F. Kidanemariam Jan 2006

Enforcement Of Human Rights Under Regional Mechanisms: A Comparative Analysis, Fekadeselassie F. Kidanemariam

LLM Theses and Essays

This is a study about the protection of human rights by regional human rights bodies. The thesis identifies the major regional human rights protection systems i.e. the African human rights system, the inter-American human rights System and the European human rights system. The paper examines the types of mechanisms employed by each regional system and examines each mechanism. The three major mechanisms dealt with in this work are inter-state complaints, state reporting, country reports, finally individual complaints, and execution of the judgments rendered by these regional bodies. The thesis analyzes the procedures involved in each of these mechanisms and ...


How To Deal With Multi-Party Nominations Of Arbitrators In International Commercial Arbitration - A Comparative Study Of Appointment Procedures With Emphasis On U.S.-European Commerce Between Private Entities, Marie-Beatrix Tupy Jan 2006

How To Deal With Multi-Party Nominations Of Arbitrators In International Commercial Arbitration - A Comparative Study Of Appointment Procedures With Emphasis On U.S.-European Commerce Between Private Entities, Marie-Beatrix Tupy

LLM Theses and Essays

The nomination procedure for the Arbitral Tribunal in commercial arbitration is one of the crucial points in the arbitral procedure. Parties have to have in mind the provisions of the New York Convention regarding the setting aside of an award in case of a failure during the nomination procedure of the tribunal. Besides from the famous Dutco case on multi-party arbitrations and their nomination procedures have received highest interest within the international arbitral world. As the thesis will comparatively show, all major arbitral institutions have updated their Rules, countries have even rendered new legislation with respect to the nomination procedure ...


Tourism In Antarctica: History, Current Challenges And Proposals For Regulation, Juan Y. Harcha Jan 2006

Tourism In Antarctica: History, Current Challenges And Proposals For Regulation, Juan Y. Harcha

LLM Theses and Essays

Tourism in the Antarctic has experienced rapid growth throughout the last fifteen years with over 30,000 people visiting the white continent during the 2005 - 2006 season. Such expansion offers a host of new activities for visitors to explore this immense wilderness, yet it brings considerable unease over the future of Antarctica. As of 1961, issues concerning the white continent have been dealt with under the Antarctic Treaty System, which has provided the forum for the discussion of numerous measures. This paper looks into the history of tourism, analyzes the main challenges such industry poses, and attempts an assessment of ...


The Cape Town Approach: A New Method Of Making International Law, Mark J. Sundahl Jan 2006

The Cape Town Approach: A New Method Of Making International Law, Mark J. Sundahl

Law Faculty Articles and Essays

The use of multilateral treaties in the field of international commercial law has been in a state of steady decline. Traditional treaty law has been gradually replaced in recent years by softer methods of making international law, such as the use of restatements and model laws. Some scholars even claim that treaty law is dead or dying. This Article explains how the Cape Town Convention on International Interests in Mobile Equipment (which entered into force on March 1, 2006) provides an innovative approach to the creation of treaties that promises to revive the status of treaties in international law. The ...


A King Who Devours His People: Jiang Zemin And The Falun Gong Crackddown: A Bibliography, Michael J. Greenlee Jan 2006

A King Who Devours His People: Jiang Zemin And The Falun Gong Crackddown: A Bibliography, Michael J. Greenlee

Faculty Scholarship

In July 1999, the government of the People’s Republic of China (PRC) and the Chinese Communist Party (CCP) began an official crackdown against the qigong cultivation group known as Falun Gong. Intended to quickly contain and eliminate what the PRC considers an evil or heretical cult (xiejiao), the suppression has instead created the longest sustained and, since the Tiananmen Square protests of June 1989, most widely known human rights protest conducted in the PRC. The Falun Gong has received worldwide recognition and support while the crackdown continues to provoke harsh criticism against the PRC as new allegations of human ...


Deriving Support From International Law For The Right To Counsel In Civil Cases, Sarah Paoletti Jan 2006

Deriving Support From International Law For The Right To Counsel In Civil Cases, Sarah Paoletti

Faculty Scholarship at Penn Law

No abstract provided.


The Paradox Of Excluding Wto Direct And Indirect Effect In U.S. Law, John J. Barceló Iii Jan 2006

The Paradox Of Excluding Wto Direct And Indirect Effect In U.S. Law, John J. Barceló Iii

Cornell Law Faculty Publications

No abstract provided.


Has Conduct In Iraq Confirmed The Moral Inadequacy Of International Humanitarian Law? Examining The Confluence Between Contract Theory And The Scope Of Civilian Immunity During Armed Conflict, 16 Duke J. Comp. & Int'l L. 249 (2006), Samuel Vincent Jones Jan 2006

Has Conduct In Iraq Confirmed The Moral Inadequacy Of International Humanitarian Law? Examining The Confluence Between Contract Theory And The Scope Of Civilian Immunity During Armed Conflict, 16 Duke J. Comp. & Int'l L. 249 (2006), Samuel Vincent Jones

Faculty Scholarship

No abstract provided.


Integrating Transnational Perspectives Into Civil Procedure: What Not To Teach, Kevin M. Clermont Jan 2006

Integrating Transnational Perspectives Into Civil Procedure: What Not To Teach, Kevin M. Clermont

Cornell Law Faculty Publications

No abstract provided.


Supremacy And Diplomacy: The International Law Of The U.S. Supreme Court, Harlan G. Cohen Jan 2006

Supremacy And Diplomacy: The International Law Of The U.S. Supreme Court, Harlan G. Cohen

Scholarly Works

In 2003-2004, a Presidential campaign year dominated by debates about international affairs and international law, the U.S. Supreme Court took an unusual number of cases of international import. The Court considered the Alien Tort Claims Act and the future of human rights suits in U.S. courts, the applicability of the Foreign Sovereign Immunity Act to claims involving Nazi-stolen artwork, the applicability of American antitrust law to foreign anticompetitive activity, and the legality of the Guantanamo detentions. A great deal of ink has been spilled analyzing the individual impacts of each of these cases. What has been less considered ...


Transnational Criminal Law And Procedure: An Introduction, Sadiq Reza Jan 2006

Transnational Criminal Law And Procedure: An Introduction, Sadiq Reza

Articles & Chapters

This preface to papers from the criminal law and procedure panels of the AALS Workshop on Integrating Transnational Legal Perspectives Into the First-Year Curriculum, which took place in Washington D.C. in January 2006, suggests a typology of transnational criminal matters - namely, matters of foreign criminal law or procedure, comparative criminal law or procedure, international criminal law or procedure, and extraterritorial aspects of domestic criminal law or procedure - and points readers to other publications on teaching transnational criminal matters in law school. The piece thus introduces the reader not only to the papers from the workshop but to teaching and ...


Transitional Justice: Postwar Legacies (Symposium: The Nuremberg Trials: A Reappraisal And Their Legacy), Ruti Teitel Jan 2006

Transitional Justice: Postwar Legacies (Symposium: The Nuremberg Trials: A Reappraisal And Their Legacy), Ruti Teitel

Articles & Chapters

No abstract provided.


The Perennial Conflict Between International Criminal Justice And Realpolitik, M. Bassiouni Jan 2006

The Perennial Conflict Between International Criminal Justice And Realpolitik, M. Bassiouni

College of Law Faculty

No abstract provided.


The Perennial Conflict Between International Criminal Justice And Realpolitik, M. Bassiouni Jan 2006

The Perennial Conflict Between International Criminal Justice And Realpolitik, M. Bassiouni

College of Law Faculty

No abstract provided.


The Perennial Conflict Between International Criminal Justice And Realpolitik, M. Bassiouni Jan 2006

The Perennial Conflict Between International Criminal Justice And Realpolitik, M. Bassiouni

College of Law Faculty

No abstract provided.


International Law And The Rise Of China, Eric A. Posner, John Yoo Jan 2006

International Law And The Rise Of China, Eric A. Posner, John Yoo

Faculty Scholarship

The standard example is that of Germany, whose economic and military might increased rapidly after unification in 1871, resulting in expansionist tendencies that were resisted by the status quo powers-France, Great Britain, and the Soviet Union.4 The basic strategic problem for the US is that it must yield to China as China's power increases, but it should not yield too much. Relatively minor incidents-America's accidental bombing of the Chinese Embassy in Belgrade in 1999 and China's capture of an American spy plane in 2001-provoked extreme public reactions in China.5 China's leaders have shown themselves ...


Sovereignty, Identity, And The Apparatus Of Death, Tawia Baidoe Ansah Jan 2006

Sovereignty, Identity, And The Apparatus Of Death, Tawia Baidoe Ansah

Faculty Publications

Ten years after the genocide in Rwanda, the government issued broad new laws outlawing the use of ethnic categories, with a view to uniting all Rwandans under a single Rwandan identity. This self-erasure of ethnic identity is deployed primarily within the borders of the state, to enable reconciliation after the genocide in 1994. Outside the borders, the state deploys ethnic identity as one of the rationales for its cross-border wars (in the Democratic Republic of Congo).


New Paradigms For The Jus Ad Bellum?, Jane E. Stromseth Jan 2006

New Paradigms For The Jus Ad Bellum?, Jane E. Stromseth

Georgetown Law Faculty Publications and Other Works

I am delighted to be here today to honor Ed Cummings, a wonderful colleague and a source of great wisdom for so many of us. I first worked with Ed in the Legal Adviser's Office in the late 1980s. More than fifteen years later, Ed is still the person I turn to for insight on the most difficult issues in the law of armed conflict. Most memorably of all, while serving at the National Security Council in 1999, I worked closely with Ed in achieving an important treaty milestone: the Procotol restricting the use of child soldiers in armed ...


The Wall And The Law: A Tale Of Two Judgements, Susan Akram Jan 2006

The Wall And The Law: A Tale Of Two Judgements, Susan Akram

Faculty Scholarship

The seminal rulings in 2004 by the International Court of Justice and the Israeli High Court on the legality of the wall/barrier that Israel is building through the occupied West Bank and East Jerusalem provide a study in contrast. While both judgements were critical of the wall/barrier, their judicial approaches and legal conclusions were strikingly divergent, particularly given that the two courts were purporting to rely upon the same principles of international law. The judgements also elicited quite different political and diplomatic reactions, especially among the parties most involved in the Israel/Palestine conflict. This article explores the ...


Faith, The State, And The Humility Of International Law, Mark Weston Janis Jan 2006

Faith, The State, And The Humility Of International Law, Mark Weston Janis

Faculty Articles and Papers

Father Robert Drinan, long a leading advocate of human rights, has had a distinguished career serving as a U.S. congressman from Massachusetts, as Dean of the Boston College Law School, and now as Professor of Law at Georgetown University Law Center. Father Drinan's new book, Can God and Caesar Coexist?: Balancing Religious Freedom and International Law, sensitively and persuasively sets out the often tortuous relations among religion (the God of his title), national governments (Caesar), and international law (the new and possibly helpful partner in this relationship). My essay employs the facts and arguments in Father Drinan's ...


The American Tradition Of International Law: Exceptionalism And Universalism, Mark Weston Janis Jan 2006

The American Tradition Of International Law: Exceptionalism And Universalism, Mark Weston Janis

Faculty Articles and Papers

No abstract provided.