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Articles 1 - 30 of 74
Full-Text Articles in Law
Basic Documents - Fifth Asean Summit: Introductory Note, Sompong Sucharitkul
Basic Documents - Fifth Asean Summit: Introductory Note, Sompong Sucharitkul
Publications
No abstract provided.
Reflections On Regional Human Rights Law, Gabriel M. Wilner
Reflections On Regional Human Rights Law, Gabriel M. Wilner
Scholarly Works
The principal purpose of the Colloquium, as can be seen from the great attention given to the papers presented by the second panel, was to discuss the uses of customary international human rights law in the defense of human rights before national courts. More generally, these discussions focused on the effectiveness of customary international human rights rules in influencing legislative and policy-making, administrative decisions and, particularly, judicial adjudication, at international and national levels. The initial and wider question of the feasibility of using custom as a source of human rights rules formed the underlying aspects of the debates in the …
Sources Of International Law, Louis B. Sohn
Sources Of International Law, Louis B. Sohn
Scholarly Works
To summarize, States can agree on international law begin made in any way they wish. Once they agree on a method, the matter is over. As I have pointed out, every few y ears we invent a new method; there is no end to ingenuity of human beings. by the year 2000, there might be one or two more methods. We are still applying the 19th century rule that international law is made by the community of states, but in every generation the community has been able to invent new methods for crystallizing international law. We finally have accepted the …
Application Of International Water Law To Transboundary Groundwater Resources, And The Slovak-Hungarian Dispute Over Gabcikovo-Nagymaros, Gabriel Eckstein
Application Of International Water Law To Transboundary Groundwater Resources, And The Slovak-Hungarian Dispute Over Gabcikovo-Nagymaros, Gabriel Eckstein
Faculty Scholarship
The growth in global population and economic development has resulted in tremendous pressures on existing sources of fresh water. Human water use over the past three centuries increased by a factor of thirty-five and is growing by four to eight percent annually. Coupled with recurring international disputes over water resources, poor water management, and the realization that water is an indispensable but finite resource, these trends have propelled the use and management of transboundary groundwater resources to the forefront of legal debate.
Until recently, matters relating to groundwater resources were relatively ignored in the context of international law applicable to …
The International Implications Of Tax Reform, Reuven Avi-Yonah
The International Implications Of Tax Reform, Reuven Avi-Yonah
Articles
This article examines the U.S. tax consequences of the use of derivative instruments in international financing transactions. The outline focuses in large part on the inconsistent U.S. tax treatment that results &om the use of various derivative financial instruments in cross-border financing transactions and the resulting implications for U.S. withholding taxes on ordinary equity and debt investments.
Freedom Of Information And The Eu Data Protection Directive, James Maxeiner
Freedom Of Information And The Eu Data Protection Directive, James Maxeiner
All Faculty Scholarship
The EU Data Protection Directive attempts to balance protection of privacy and freedom of information acquisition. It does this by authorizing Member States to provide exemptions and derogations in their individual legislation.
The Flexible Doctrine Of Spoliation Of Evidence; Cause Of Action, Defense, Evidentiary Presumption And Discovery Sanction, Robert L. Tucker
The Flexible Doctrine Of Spoliation Of Evidence; Cause Of Action, Defense, Evidentiary Presumption And Discovery Sanction, Robert L. Tucker
Akron Law Faculty Publications
No abstract provided.
The Security Council's First Fifty Years, Frederic L. Kirgis
The Security Council's First Fifty Years, Frederic L. Kirgis
Scholarly Articles
None available.
Developing Countries And Multilateral Trade Agreements: Law And The Promise Of Development, Chantal Thomas
Developing Countries And Multilateral Trade Agreements: Law And The Promise Of Development, Chantal Thomas
Cornell Law Faculty Publications
No abstract provided.
Children's Rights In Intercountry Adoption: Towards A New Goal, S. I. Strong
Children's Rights In Intercountry Adoption: Towards A New Goal, S. I. Strong
Faculty Publications
Each year, hundreds of thousands of children languish in foster or institutional care worldwide, while at the same time, thousands of adults, married and unmarried alike, are denied children because of “shortages.” How did this tragedy occur, and why does it continue to be repeated daily in countries around the world? The unfortunate truth is that many of the legal and societal norms now in place effectively prohibit needy children from finding suitable homes. While potential parents in Western countries cry out for babies of their own, millions of children live in physical and psychological poverty in underfunded orphanages around …
Canada's International Forest Protection Obligations: A Case Of Promises Forgotten In British Columbia And Alberta, Paul Stanton Kibel
Canada's International Forest Protection Obligations: A Case Of Promises Forgotten In British Columbia And Alberta, Paul Stanton Kibel
Publications
Part I of this Article sets forth Canada's,numerous international forest protection obligations. Part II reveals the pattern of forest destruction and provincial government corruption in British Columbia and Alberta. Part III examines why the Canadian federal government has thus far been reluctant to interfere with provincial forest management. The constitutional arguments supporting this "hands-off" policy are assessed and rejected. Therefore, this Article concludes that the Canadian federal government must ultimately be held accountable for provincial violations of international law.
Beyond National Law: The Neglected Role Of The International Law Of Personal Jurisdiction In Domestic Courts, Andrew L. Strauss
Beyond National Law: The Neglected Role Of The International Law Of Personal Jurisdiction In Domestic Courts, Andrew L. Strauss
School of Law Faculty Publications
When one of the parties is foreign in civil personal jurisdiction cases, United States courts have assumed it appropriate to overlook international jurisdiction law and apply solely United States constitutional, statutory and common law doctrines related to jurisdiction. Courts in other countries likewise apply their own domestic doctrines of jurisdiction in international cases. Applying both positivist and normative methodologies, this article makes the theoretical case that the international law of personal jurisdiction should be applied in domestic courts.
The Extraordinary Counter-Majoritarian Power Of The New Supreme Court Of Nepal, Richard Stith
The Extraordinary Counter-Majoritarian Power Of The New Supreme Court Of Nepal, Richard Stith
Law Faculty Publications
No abstract provided.
Litigation In The U.S. And In The Civil Law System: What Can We Learn From Each Other?, James Maxeiner
Litigation In The U.S. And In The Civil Law System: What Can We Learn From Each Other?, James Maxeiner
All Faculty Scholarship
Discusses the lack of American interest in learning about foreign civil procedure. Considers points where America might benefit from foreign experiences. Suggests significant differences in procedure can be attributed to emphasis on day-in-court thinking over reasoned decision thinking.
The Role Of The United Nations In The Maintenance Of Peace Before And After The Year Two Thousand, Gabriel M. Wilner, Karri Palmetier, Richard Bilder, Jordan Paust, Larry D. Johnson, William Clontz, Louis B. Sohn, Frederic Kirgis, Danilo Türk, Josef Rohlik, T.P. Sreenivasan, John A. Macinnis, Raymond Sommereyns, Winston Tubman, Ramu Damodaran, Sean Murphy
The Role Of The United Nations In The Maintenance Of Peace Before And After The Year Two Thousand, Gabriel M. Wilner, Karri Palmetier, Richard Bilder, Jordan Paust, Larry D. Johnson, William Clontz, Louis B. Sohn, Frederic Kirgis, Danilo Türk, Josef Rohlik, T.P. Sreenivasan, John A. Macinnis, Raymond Sommereyns, Winston Tubman, Ramu Damodaran, Sean Murphy
Conferences and Symposia to 2010
Two-day conference on United Nations held at the University of Georgia School of Law on March 3 and 4, 1995. The conference consisted of three panels ("United States attitudes on the role of the United Nations regarding the maintenance and the restoration of peace," "Global attitudes on the role of the United Nations on the maintenance and restoration of peace," and "The role of the United Nations with respect to the means for accomplishing the maintenance and restoration of peace"). Included dinner remarks by Louis B. Sohn.
The Transformation Of French Corporate Governance And United States Institutional Investors, James A. Fanto
The Transformation Of French Corporate Governance And United States Institutional Investors, James A. Fanto
Faculty Scholarship
No abstract provided.
Law And Racism In An Asian Setting: An Analysis Of The British Rule Of Hong Kong, Richard Klein
Law And Racism In An Asian Setting: An Analysis Of The British Rule Of Hong Kong, Richard Klein
Scholarly Works
No abstract provided.
An Examination Of The Proposed Crime Of Intervention In The Draft Code Of Crimes Against The Peace And Security Of Mankind, John Linarelli
An Examination Of The Proposed Crime Of Intervention In The Draft Code Of Crimes Against The Peace And Security Of Mankind, John Linarelli
Scholarly Works
No abstract provided.
Book Review Of Index To The Chemical Weapons Convention, James S. Heller
Book Review Of Index To The Chemical Weapons Convention, James S. Heller
Library Staff Publications
No abstract provided.
The International Law Commission Adopts Draft Articles On International Watercourses, Stephen C. Mccaffrey
The International Law Commission Adopts Draft Articles On International Watercourses, Stephen C. Mccaffrey
McGeorge School of Law Scholarly Articles
No abstract provided.
Putting Humpty Dumpty Back Together Again: The Dilemmas Of The Post-Colonial African State (Review Essay), Makau Wa Mutua
Putting Humpty Dumpty Back Together Again: The Dilemmas Of The Post-Colonial African State (Review Essay), Makau Wa Mutua
Book Reviews
Reviewing Collapsed States: The Disintegration and Restoration of Legitimate Authority, I. William Zartman, ed.
Transcript (Symposium: Nazis In The Courtroom: Lessons From The Conduct Of Lawyers And Judges Under The Laws Of The Third Reich And Vichy, France)., Ruti G. Teitel
Articles & Chapters
No abstract provided.
Strategic Alliances: Emerging Trends In Future Corporate Business, Naresh Menghraj Gehi
Strategic Alliances: Emerging Trends In Future Corporate Business, Naresh Menghraj Gehi
LLM Theses and Essays
A strategic alliance is an arrangement for economic collaboration between firms at the same level of distribution, involving an exchange of critical skills aimed at buffering the core business strategy, technology, or markets of the partners. Research indicates that the care and thought of the strategic alliance partners increases with the importance of the venture to the strategic objectives of the entity. This paper describes the importance of strategic alliances in today’s competitive world. It examines the benefits of entering into strategic alliances, the legal implications of strategic alliances, and various industries where strategic alliances are dominant. Finally, this paper …
Apec As A New Model Of Regional Economic Cooperation: Compatibility With Gatt, Bing Ding
Apec As A New Model Of Regional Economic Cooperation: Compatibility With Gatt, Bing Ding
LLM Theses and Essays
Today’s driving forces in world trade are private trade, investment flows, technological progress, and job creation. These forces create momentum towards the further integration of economy within their respective regions. The challenge for governments today is to reinforce these trends in favor of long-term economic benefits, while resisting the temptation to make short-term adjustments for growth. Regionalism is being considered as a solution to contemporary international economic problems; with the division of the world into the three major trading blocs of the EC, NAFTA, and APEC, regionalism seems to be the fastest road to multilateral free trade. This paper proposes …
Civil Liability For Damage Caused To The Environment By Hazardous Waste: Lessons For The European Union From The Us Experience, Artemis Hatzi-Hull
Civil Liability For Damage Caused To The Environment By Hazardous Waste: Lessons For The European Union From The Us Experience, Artemis Hatzi-Hull
LLM Theses and Essays
As environmental awareness has surged over the last two decades, environmental law has rapidly developed. In both agricultural and industrial countries, the environment is a sensitive and vital area where substantial economic interests are at stake. In the United States, many social, political, and economic reasons have spawned rapid expansion of environmental law. Congress has enacted numerous statutes and empowered federal agencies, primarily the Environmental Protection Agency (EPA), to adopt standards and enforce these new laws. A decade ago, environmental liability was not a major concern for US businesses and was rarely dealt with in commercial contracts. However, the situation …
The Relevant Market In European Merger Law, Benedicte Haubold
The Relevant Market In European Merger Law, Benedicte Haubold
LLM Theses and Essays
Due to the rapid acceleration of merger movements in the 1980s, the adoption of new merger regulation was a must for the European market. Before the new merger regulation was adopted in 1989, the European Commission used to apply the general competition rules of the Rome Treaty when dealing with mergers. The Commission used to interpret Articles 85 and 86 of the Rome Treaty as a means to condemn mergers that would lead to an abuse of a dominant position at a European level; at that time, there was an absence of complete and systematic control as far as structural …
Foreign Investment In Sub-Saharan Africa: How Changing Attitudes Have Affected The Legal Environment In The Post Cold War Era, Joel Waswa Kisubika
Foreign Investment In Sub-Saharan Africa: How Changing Attitudes Have Affected The Legal Environment In The Post Cold War Era, Joel Waswa Kisubika
LLM Theses and Essays
In Sub-Saharan Africa, like many other third world and former Soviet bloc countries, economic development policies revolve around raising the standard of living for their people. Therefore, they are seeking different ways to attract investment, trade, technology, and jobs. The movement towards attracting foreign investment has been paralleled by democratic political reforms and economic liberalization of previously autocratic and restrictive systems. These reforms have been enacted, mostly at the insistence of the World Bank and the International Monetary Fund, in order to deal with the severe foreign debt situation and improve Sub-Saharan Africa’s opportunities for attracting foreign investment. This paper …
U.S. Practices In Risk Assessment And Risk Management For Product Safety Under Article 2.2 Of The Agreement On Technical Barriers To Trade, Suckhong Ko
LLM Theses and Essays
Article 2.2 of the Agreement on Technical Barriers to Trade (TBT) was applied to the GATT member countries in 1995. This article provides national product safety agencies with requirements for risk assessment and risk management. However, the terms used in the article are broad and open to interpretation. This paper argues that vast discretion and broad terms cannot solve technical barriers effectively; the “minimum requirements” standard within Article 2.2 of the TBT fails to consider those countries whose technology in product safety is inferior to that of developed countries. The United States has some of the strongest product safety measures, …
International Law: A South African Perspective, By John Dugard [Book Review], Muna Ndulo
International Law: A South African Perspective, By John Dugard [Book Review], Muna Ndulo
Cornell Law Faculty Publications
No abstract provided.
United Nations Observer Mission In South Africa (Unomsa): Security Council Resolutions 772 (1992) And 894 (1994) And The South African Transition: Preventive Diplomacy And Peacekeeping, Muna Ndulo
Cornell Law Faculty Publications
No abstract provided.