Law Commons^™

Targeting Enemy Merchant Shipping: An Overview Of Law And Practice, L.F.E. Goldie

International Law Studies

No abstract provided.

Jonathan Pollard: A More Genuine Notion Of Justice, Kenneth Lasson

All Faculty Scholarship

Perhaps the president, visibly moved by the film, would sympathize with the moral impulse that drove [Jonathan Pollard] to give vital defense information to Israel. Perhaps he'd likewise equate Nazi Germany with demonic Iraq. Perhaps Mr. [Clinton], currently compiling his own list of presidential pardons, would see to it that the horrendous life sentence handed Pollard in 1985 be commuted to time served.

Particularly galling, though, are the potshots from two former Justice Department prosecutors - the politically ambitious Joseph DiGenova and his former assistant David Geneson - who effectively bargained Pollard out of a trial by promising not to …

The North American Free Trade Agreement (Nafta): Good For Jobs, For The Environment, And For America, Thomas J. Schoenbaum

Scholarly Works

Although NAFTA's impact is primarily economic, it will also have a profound political impact, especially on relations between Mexico and the United States. In coming to the decision to seek a free trade agreement with the United States, Mexico has already made important political decisions: to jettison its defensive nationalism and fear of United States domination; to reform and liberalize its economic system; and to pave the way for democratizing its political institutions. The United States, in turn, has long sought a solid foundation to overcome its often prickly relationship with its southern neighbor and other Latin American nations. Eliminating …

Provisional Measures In The Inter-American Human Rights System: An Innovative Development In International Law, Jo M. Pasqualucci

Vanderbilt Journal of Transnational Law

In this Article, Professor Pasqualucci examines the developing jurisprudence of provisional measures in the Inter-American human rights system. Through the adoption of provisional measures, a human rights court may order a state to protect persons who are in danger of imminent death or torture. The author first provides an overview of the Inter-American system of human rights. She then describes the historical background of the jurisprudence of provisional measures in the International Court of Justice and the European human rights system, which served as models for provisional measures in the developing Inter-American system. Finally, she analyzes the use of provisional …

Due Process Rights Of Parents And Children In International Child Abductions, Dorothy C. Daigle

Vanderbilt Journal of Transnational Law

Rising divorce rates in recent years have led to increasingly frequent abductions of children by one parent away from the other parent. Often, abducting parents move the children to different jurisdictions in which the parents believe they can obtain a more favorable decision on custody. To remedy this problem, twenty-nine nations joined in 1980 to adopt the Hague Convention on the Civil Aspects of International Child Abduction. This Convention mandates the immediate return, upon request, of the abducted child to the state of habitual residence of the child. The Convention includes several limited exceptions to this mandate, applicable at the …

In Memoriam -- Francisco V. Garcia-Amador, Burton A. Landy, Victor Miguel Marroquín-Merino, Francisco Orrego Vicuña, Keith S. Rosenn

University of Miami Inter-American Law Review

No abstract provided.

Selected Writings, Francisco V. Garcia-Amador

University of Miami Inter-American Law Review

No abstract provided.

Banning The Cultural Exclusion: Free Trade And Copyrighted Goods, S. I. Strong

Faculty Publications

For centuries people have expressed themselves through creative works of art and literature, and since 1557 artists and authors have been able to protect their rights to their creative works through various national copyright laws. National copyright laws basically grant a monopoly in the use of the work to its creator. Copyrighted goods, however, are often easily transported across national boundaries, and thus national copyright laws may provide inadequate copyright protection in the international marketplace. The necessity for international copyright protection has been met to some extent by copyright conventions. International copyright conventions, like national copyright laws, define the scope …

Deportation And Transfer Of Civilians In Time Of War, Jean-Marie Henckaerts

Vanderbilt Journal of Transnational Law

In this Article, the Author discusses the international law prohibiting the deportation and transfer of civilians during times of war. The Author first focuses on Article 49 of the Fourth Geneva Convention, describing its genesis and its character as customary international law. The Author examines several specific instances of illegal deportations in Kuwait, the former Yugoslavia, and the Israeli-occupied territories, and discusses the application of Geneva IV to these situations. He concludes that more should be done to enforce international law prohibiting the transfer of civilians during times of war and to punish states for engaging in massive deportation.

Globalization Of Markets And Its Impact On Domestic Institutions, S. Tamer Cavusgil

Indiana Journal of Global Legal Studies

No abstract provided.

The U.S.-Japan Trading Relationship And Its Effects, Richard Rosecrance

Indiana Journal of Global Legal Studies

No abstract provided.

A World Of Regions: America, Europe, And East Asia, Peter J. Katzenstein

Indiana Journal of Global Legal Studies

Recent events in world politics are creating a substantial break in the

history of international politics comparable in this century only to the years

1917-22 and 1947-53. With specific reference to Germany and Europe as

well as to Japan and East Asia, this essay argues that these changes in world

politics tend to reinforce a new political regionalism that expresses different

norms, which, in the foreseeable future, are unlikely to be assimilated fully

into one normative global order.

Cultural Identities And Global Political Economy From An Anthropological Vantage Point, Davydd J. Greenwood

Indiana Journal of Global Legal Studies

No abstract provided.

Global Democracy Or Global Law: Which Comes First?, Benjamin R. Barber

Indiana Journal of Global Legal Studies

No abstract provided.

The Globalization Of Law, Martin Shapiro

Indiana Journal of Global Legal Studies

No abstract provided.

European Integration: Reflections On Its Limits And Effects, William J. Davey

Indiana Journal of Global Legal Studies

One of the principal goals of this journal is to evaluate the impact of the

globalization of law, politics, and markets. This article focuses on the

economic integration of markets in Europe, where one aspect of the

"globalization" process-the process by which laws, national economies, and

political systems are becoming ever more entwined and interdependent-has

occurred to the greatest extent, albeit at a regional level. I will first give an

overview of this process and consider the factors that the European

experience in "regionalization" suggests may limit economic and other forms

of integration at the global level. I will then …

Regional Integration Mechanisms In The Law Of The United States: Starting Over, Frederick M. Abbott

Indiana Journal of Global Legal Studies

No abstract provided.

The Flow Of International Water Law: The International Law Commission's Law Of The Non-Navigational Uses Of International Watercourses, David J. Lazerwitz

Indiana Journal of Global Legal Studies

No abstract provided.

Improving Corporate Governance: Lessons From The European Community, Benjamin T. Lo

Indiana Journal of Global Legal Studies

No abstract provided.

Doctrine Or Dictum: The Ker-Frisbie Doctrine And Official Abductions Which Breach International Law, Aaron Schwabach, S. A. Patchett

Faculty Scholarship

No abstract provided.

From Bloomington To Warsaw: Connections With The New Frontier, Lauren K. Robel

Articles by Maurer Faculty

No abstract provided.

Indiana Journal Of Global Legal Studies: An Introduction, Alfred Aman

Indiana Journal of Global Legal Studies

No abstract provided.

Suggested Revisions To The Polish Employment Law, Christopher J. O'Leary

Reports

No abstract provided.

Globalization Of Law, Politics, And Markets -- A European Perspective On Implications For Domestic Law, Jost Delbruck

Articles by Maurer Faculty

No abstract provided.

Israel's Law Of Return: Analysis Of Its Evioution And Present Application, Nancy C. Richmond

Penn State International Law Review

No abstract provided.

Our Eroding Industrial Base: U.S. Labor Laws Compared With Labor Laws Of Less Developed Nations In Light Of The Global Economy, Andrew K. Stutzman

Penn State International Law Review

No abstract provided.

Expanding Permanent Membership In The Un Security Council: Opening A Pandora's Box Or Needed Change?, Michelle D. Smith

Penn State International Law Review

No abstract provided.

Volume 13 - Number 1: Table Of Contents

Penn State International Law Review

No abstract provided.

Principles Of Taxation For Emerging Economies: Lessons From The U.S. Experience, Robert W. Mcgee

Penn State International Law Review

No abstract provided.

The Commander In Chief And United Nations Charter Article 43: A Case Of Irreconcilable Differences?, James W. Houck

Penn State International Law Review

No abstract provided.