Law Commons^™

The Letter Of The Law: The Scope Of The International Legal Obligation To Prosecute Human Rights Crimes, Michael Scharf

Law and Contemporary Problems

While international criminal conventions are limited in their application, there is growing recognition of a duty for states to do something to give meaning to human rights.

Arresting Impunity: The Case For Universal Jurisdiction In Bringing War Criminals To Accountability, Christopher C. Joyner

Law and Contemporary Problems

One means to enhance the prospects for bringing indicted war criminals to justice is to promote adoption of the principle of universality as the legal basis for prosecutorial jurisdiction.

International Dimensions, International Law Society, Ggu

Miscellaneous Publications

International Dimensions: a journal of personal impression, experience and commentary on the subject of international law, published by members of the International Law Society, Golden Gate University School of Law. Inaugural Issue.

International Crimes: Jus Cogens And Obligatio Erga Omnes, M. Cherif Bassiouni

Law and Contemporary Problems

There are both gaps and weaknesses in the various sources of International Criminal Law in norms and enforcement modalities. A comprehensive international codification would solve these problems, but this is not forthcoming.

Introduction, M. Cherif Bassiouni

Law and Contemporary Problems

Efforts to work against the practice of impunity for major international crimes and violations of fundamental human rights and to develop international guidelines against the practice are discussed.

International Guidelines Against Impunity: Facilitating Accountability, Madeline H. Morris

Law and Contemporary Problems

Reasons for a consistent pattern of compromise when it comes to impunity for international crimes and human rights violations are discussed. Guidelines are presented for facilitating accountability for these crimes.

Lessons From The Americas: Guidelines For International Response To Amnesties For Atrocities, Douglass Cassel

Law and Contemporary Problems

The impunity enjoyed by perpetrators of human rights violations, thanks in part to amnesty laws, is summarized. The international community should adopt guidelines to assist their own officials in responding to future amnesties.

Searching For Peace And Achieving Justice: The Need For Accountability, M. Cherif Bassiouni

Law and Contemporary Problems

Despite a high level of mass violence in the post-war years, there have been few prosecutions at the international or national level. Impunity for such crimes is a betrayal of human solidarity with the victims.

Legal Responses To Genocide And Other Massive Violations Of Human Rights, W. Michael Reisman

Law and Contemporary Problems

The international community could halt the proliferation of genocides by arresting them before, or at least while they are happening, by any means necessary. Instead, the focus is on actions after the fact.

Combating Impunity: Some Thoughts On The Way Forward, Naomi Roht-Arriaza

Law and Contemporary Problems

Some of the tasks needed to be done by legal scholars and advocates to combat impunity in cases of massive violations of human rights are discussed. Pathways for implementation of these ideas are many and overlapping.

Characterization Of Limitation Statutes In Canadian Private International Law: The Rocky Road Of Change, John P. Mcevoy

Dalhousie Law Journal

Prior to the Supreme Court of Canada's decision in Tolofson v. Jensen limitations statutes were characterized, prima facie, as procedural for purposes of Canadian private international law. The principal authority for this characterization was the 1835 case of Huber v. Steiner in which an action was brought on a promissory note made in France in 1813 and payable in 1817. The defendant argued that the French Code de commerce applied and that the right of action was extinguished by the provision that "all actions ... prescribe themselves by five years reckoning from the day of protest ..... Tindal C.J. recognized …

International Business Transactions, Sean F. Parmenter

Brigham Young University Prelaw Review

In our system of government, the laws are made by the legislative power, enforced by the executive power, and interpreted by the judicial power. The judicial power is not oft influenced by politics, corporate pressures or the media. Their's is the basis of the Constitution and amendments. In the exercise of their power they take into consideration not only who is right, but what is right. The Federal Court of Appeal has been over-loaded with court cases. Common to the Court are appeals that have to do with international law. Cases about fabrics, computers, calculator, dolls, toys, and even doll …

People's Rights Or Victim's Rights: Reexamining The Conceptualization Of Indigenous Rights In International Law, Feisal Hussain Naqvi

Indiana Law Journal

No abstract provided.

The Canadian Charter And Public International Law: Redefining The State's Power To Deport Aliens, Daniela Bassan

Osgoode Hall Law Journal

This article considers the relationship between international and domestic law in deportation proceedings. The argument is made that, generally, Canadian law should be interpreted consistently with Canada's obligations at international law, as reflected in conventions and custom. More specifically, the article proposes that Canada's obligation at international law to protect the family and the child be recognized in Canadian law as one of the principles of fundamental justice under section 7 of the Charter. The protection of the family is engaged by the deportation of domiciled aliens because, by definition, these deportees have been in Canada for a long period …

Swimming The New Stream: The Disjunctions Between And Within Popular And Academic International Law, Jason Mark Anderman

Duke Journal of Comparative & International Law

No abstract provided.

Future Directions In International Environmental Law: Precaution, Integration And Non-State Actors, James Cameron

Dalhousie Law Journal

In this, the Horace E. Read Memorial Lecture for 1995, James Cameron discusses three developments in international environmental law,-the principles of precaution and of integration and the roles of non-state actors. The precautionary principle calls for regulatory intervention to prevent environmental harm even though the risk of damage remains scientifically uncertain. A wide consensus exists in favour of a precautionary approach to environmental management and state practice is sufficient to assert the principle has attained the status of customary international law, but it remains controversial because it demands changes in practice. The principle of integration takes a holistic approach to …

Service Of U.S. Punitive Damages Complaint Passes Constitutional Muster In Germany, Ingrid L. Lenhardt

Vanderbilt Journal of Transnational Law

In today's global market, disputes between U.S. and foreign parties have become a common occurrence. Courts in the United States, as well as other nations, frequently face new and complex international litigation problems. A common problem for many courts centers on the practical, mechanical requirements of bringing a lawsuit.

In this Article, the author examines the service of process of U.S. complaints for punitive damages to residents of Germany. In particular, Ms. Lenhardt analyzes the recent German Constitutional Court's ruling on international service of process. In addition, the author reviews the requirements of the Hague Convention on Service Abroad and …

Men May Work From Sun To Sun, But Women's Work Is Never Done: International Law And The Regulation Of Women's Work At Night, Christine Haight Farley

Articles in Law Reviews & Other Academic Journals

At the turn of the century in both the United States and in Europe, governments enacted laws to protect women from the most harmful aspects of industrialization. One such piece of protective legislation was the ban on the employment of women at night. Discovering that regulation of working hours had a negative effect on their competition in the world market, these western states looked to impose this standard internationally. Thus in 1919 the International Labor Organization enacted the Convention Concerning Employment of Women During the Night.

By the time the International Labor Organization responded to complaints that the convention was …

The 1991 Transitional Charter Of Ethiopia: A New Application Of The Self-Determination Principle, Aaron P. Micheau

Case Western Reserve Journal of International Law

No abstract provided.

Preaching Propriety To Princes: Grotius, Lipsius, And Neo-Stoic International Law, Christopher A. Ford

Case Western Reserve Journal of International Law

No abstract provided.

Book Review, Lakshman D. Guruswamy

Publications

No abstract provided.

The Formation Of International Law In The 21st Century, John De Saram

ILSA Journal of International & Comparative Law

The methods and procedures of the Commission, as in the case of all human endeavors, need, of course, to be kept under regular review and to be improved wherever advisable. The methods and procedures of the Commission were referred to in the Sixth (the Legal) Committee of the UN General Assembly over the two weeks just passed, in the course of Sixth Committee consideration of the Report of the Commission.

International Law And Land Mines, Joerg Wimmers

ILSA Journal of International & Comparative Law

The Review Conference in Vienna' has failed to adopt a revised Convention due to unbridgeable differences among delegations on a strengthened Protocol II of the Convention (Land Mine Protocol). Almost all important provisions of the Protocol were contentious and a number of delegations showed very limited room to move toward a compromise.

International Law And Antipersonnel Land Mines, Luke T. Lee

ILSA Journal of International & Comparative Law

Antipersonnel (A/P) land mines are devastating weapons not only during, but also after, warfare or armed conflicts. There still exist an estimated 85 million mines, or one for every 50 people on earth, scattered in 62 countries that kill and maim some 26,000 innocent civilians each year. In Cambodia and Angola, for example, there are more than 30,000 and 20,000 amputees, respectively, who are victims of mine incidents.

Ilsa Journal Of International & Comparative Law, Ilsa Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

The concept of intellectual property, or ideas protected by patents, copyrights, and trademarks, has been around since at least the 13^th century. However, it is only in the last decade that "piracy," or the illegal copying and selling of copywritten or patented material, has become a contentious issue in trade negotiations between the nations of the Northern and Southern Hemispheres

International Law And Anti-Personnel Land Mines, Michael J. Matheson

ILSA Journal of International & Comparative Law

The Convention on Conventional Weapons was adopted in 1980 to limit the use of conventional weapons that present special risks of causing unnecessary suffering or indiscriminate effects. The Convention currently contains three Protocols, each of which regulates the use of a specific type of weapons

International Law And Anti-Personnel Land Mines, Stephen Goose

ILSA Journal of International & Comparative Law

Human Rights Watch was one of the six non-governmental organizations (NGOs) that initiated the International Campaign to Ban Land Mines in 1992. The Campaign calls for a comprehensive international ban on the production, stockpiling, trade and use of antipersonnel land mines. It also calls for increased international resources for mine clearance and victim assistance programs.

International Law And Anti-Personnel Landmines, Ariane Sand-Trigo

ILSA Journal of International & Comparative Law

Antipersonnel land mines are among the deadliest and most insidious weapons in the world today: their aim is to maim for life, they cannot distinguish between the footfall of a soldier and that of a child and they recognize no cease-fire or end to war. More than 110 million active mines are scattered in sixty-four countries and the problem is growing worse at a dramatic rate.

Ilsa Journal Of International & Comparative Law, Ilsa Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.

The Justice Department's Recent Antitrust Enforcement Policy, Robert D. Shank

Vanderbilt Journal of Transnational Law

Obstacles to free competition are abundant in the international economy. Before 1992, the United States Department of Justice only attacked such obstacles if they impeded the import commerce of the United States. But as more and more businesses enter the international markets, the ability of U.S. businesses to compete in foreign markets free of export cartels and other obstacles to free competition is of greater concern. In 1992, the U.S. Justice Department addressed this concern by reversing prior policy and announcing that the U.S. government would also attack obstacles that impede the ability of U.S. businesses to export their products …