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2000

International law

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Articles 1 - 29 of 29

Full-Text Articles in Law

Harmonic Convergence? Constitutional Criminal Procedure In An International Context, Diane Marie Amann Jul 2000

Harmonic Convergence? Constitutional Criminal Procedure In An International Context, Diane Marie Amann

Scholarly Works

Throughout the world, a trend toward a shared - a constitutional - criminal procedure may be detected. It is evident in common-law, civil-law, and mixed systems: individual states like China adopt laws promising once-alien concepts like a presumption of innocence, even as supranational bodies like the International Tribunal for the former Yugoslavia debate how to adapt certain norms to a hybrid structure. Some have suggested that such developments may herald a harmonic convergence of criminal procedure rules. This Article examines the likelihood of such a convergence. It establishes as a keynote around which harmony may develop the model of constitutional criminal procedure ...


Governing The Whole World, Andrew Strauss, Richard Falk Jun 2000

Governing The Whole World, Andrew Strauss, Richard Falk

Andrew L. Strauss

No abstract provided.


A New Restatement-For The International Age, Mathias Reimann Apr 2000

A New Restatement-For The International Age, Mathias Reimann

Indiana Law Journal

Symposium: Preparing for the Next Century-A New Restatement of Conflicts?


The Internet And Public International Law, John M. Rogers Jan 2000

The Internet And Public International Law, John M. Rogers

Law Faculty Scholarly Articles

It is perhaps commonplace to observe that recent developments in information technology are revolutionizing most aspects of our lives. Anything that affects our lives so profoundly will, of necessity, have a significant effect on the law. We can expect that the information revolution will have a comparably significant impact on the international system of binding obligations often called public international law. Just what that will be is of course extremely difficult to predict. Compounding that difficulty is the lack of consensus on just what actually amounts to the public international legal system. Scholars and lawyers still debate fundamental questions regarding ...


Pluralities Of Justice, Modalities Of Peace: The Role Of Law(S) In A Palestinian-Israeli Accommodation, Perry Dane Jan 2000

Pluralities Of Justice, Modalities Of Peace: The Role Of Law(S) In A Palestinian-Israeli Accommodation, Perry Dane

Case Western Reserve Journal of International Law

commentary


The Annihilation Of Sea Turtles: Wto Intransigence And U.S. Equivocation, Lakshman Guruswamy Jan 2000

The Annihilation Of Sea Turtles: Wto Intransigence And U.S. Equivocation, Lakshman Guruswamy

Articles

No abstract provided.


The Proliferation Of International Courts And Tribunals: International Adjudication In Ascendance, Roger P. Alford Jan 2000

The Proliferation Of International Courts And Tribunals: International Adjudication In Ascendance, Roger P. Alford

Journal Articles

While there has been a significant focus on a few international tribunals, there have been insufficient efforts to compare and contrast the various courts and tribunals. Even a cursory comparison of these tribunals reveals that there are many unanswered questions regarding the interrelationship of these courts and tribunals and, more disturbing, a profound lack of attention to the collective impact these international tribunals are having on the field of international law. That is changing, as is evidenced by the new Project on International Courts and Tribunals at New York University School of Law, but we as an international legal community ...


Civilization And Commerce: The Concept Of Governance In Historical Perspective, Antony Anghie Jan 2000

Civilization And Commerce: The Concept Of Governance In Historical Perspective, Antony Anghie

Villanova Law Review

No abstract provided.


Negotiations And Agreements Are Better Than Legal Resolutions: A Response To Professor John Quigley, Shimon Shetreet Jan 2000

Negotiations And Agreements Are Better Than Legal Resolutions: A Response To Professor John Quigley, Shimon Shetreet

Case Western Reserve Journal of International Law

commentary


Critical Race Theory And International Law: The View Of An Insider-Outsider, Makau Mutua Jan 2000

Critical Race Theory And International Law: The View Of An Insider-Outsider, Makau Mutua

Villanova Law Review

No abstract provided.


Multinational Enterprises And Human Rights, Cristina Baez, Michele Dearing, Margaret Delatour, Christine Dixon Jan 2000

Multinational Enterprises And Human Rights, Cristina Baez, Michele Dearing, Margaret Delatour, Christine Dixon

University of Miami International and Comparative Law Review

No abstract provided.


International Child Abduction And The Escape From Domestic Violence, Merle H. Weiner Jan 2000

International Child Abduction And The Escape From Domestic Violence, Merle H. Weiner

Fordham Law Review

The violence went on for nine months. . . . By the end, the beatings were happening weekly, sometimes three times a week. . . . It always went on in front of the kids. . . . My daughter still asks, 'Why'd papa try to break your arms and legs?'. . . I left France when I realized after nine months that there was nothing I could do there to stop the violence.


The Rise Or The Fall Of International Law?, Edith Brown Weiss Jan 2000

The Rise Or The Fall Of International Law?, Edith Brown Weiss

Fordham Law Review

No abstract provided.


Lessons From The Past And Strategies For The Future: Using Domestic, International And Comparative Law To Overturn Sodomy Laws, Charlene Smith, James Wilets Jan 2000

Lessons From The Past And Strategies For The Future: Using Domestic, International And Comparative Law To Overturn Sodomy Laws, Charlene Smith, James Wilets

Seattle University Law Review

This Article will first discuss the legal importance of challenging sodomy laws, even though those laws are rarely enforced. It will then discuss the importance of incorporating international and comparative law in formulating these challenges. In Section II, Professor Charlene Smith will discuss past and future strategies, focusing on the topics of equal protection, morality, and the difference (or lack thereof) between acts and status. In Section III, Professor Jim Wilets will explore incorporating international and comparative law into domestic challenges to U.S. sodomy laws. This Article will demonstrate that there is binding Supreme Court authority requiring all U ...


The Secret Of The Court In The Netherlands, Niels F. Van Manen Jan 2000

The Secret Of The Court In The Netherlands, Niels F. Van Manen

Seattle University Law Review

The procedural organization of the legal system in the Netherlands is quite different from the North American model. The Dutch legal system forbids the publication of dissenting opinions. There is even a veil of ignorance about unanimity, created by what is "secret of the court": justice is handed out in black and white terms, regardless of the judges' motivations. This might create an image of unity and unanimity, and thus promote the legitimacy of jurisprudence, however, this secret of the court also prevents the effects of therapeutic jurisprudence, since those who have "won," but even more so those who have ...


The Right To Compensation In Bosnia: An Unfulfilled Promise And A Challenge To International Law, Eric Rosand Jan 2000

The Right To Compensation In Bosnia: An Unfulfilled Promise And A Challenge To International Law, Eric Rosand

Cornell International Law Journal

No abstract provided.


Holding Public Officials Accountable In The International Realm: A New Multi-Layered Strategy To Combat Corruption, Brian C. Harms Jan 2000

Holding Public Officials Accountable In The International Realm: A New Multi-Layered Strategy To Combat Corruption, Brian C. Harms

Cornell International Law Journal

No abstract provided.


A Race Approach To International Law (Rail): Is There A Need For Yet Another Critique Of International Law, Ediberto Román Jan 2000

A Race Approach To International Law (Rail): Is There A Need For Yet Another Critique Of International Law, Ediberto Román

Faculty Publications

This work reviews an important shortcoming of the dominant public international paradigm and the recent methodical responses to that edifice. Specifically, this article argues that issues of race have not been significantly addressed in international law discourse. In particular, this Article notes that in the theoretical discourse some writers have discussed race, but the thrust of the discourse marginalizes the importance of race. In the practice of international law, people of color are affected but rarely recognized in policy debates. Additionally, this work attempts to explain how a discourse that positions race at the center of the discourse increases the ...


International Straits And Transit Passages : Focus On Bosporus And Dardanelles, Cleanthis Orphanos Jan 2000

International Straits And Transit Passages : Focus On Bosporus And Dardanelles, Cleanthis Orphanos

World Maritime University Dissertations

No abstract provided.


Update Of Current Legal Proceedings At The Icty, Jenia I. Turner Jan 2000

Update Of Current Legal Proceedings At The Icty, Jenia I. Turner

Faculty Scholarship

No abstract provided.


The Autumn Of The Patriarch: The Pinochet Extradition Debacle And Beyond- Human Rights Clauses Compared To Traditional Derivative Protections Such As Double Criminality, Christopher L. Blakesley Jan 2000

From International Treaties To Internet Norms: The Evolution Of International Trademark Disputes In The Internet Age, Ajay K. Mehrotra, Marcelo Halpern Jan 2000

From International Treaties To Internet Norms: The Evolution Of International Trademark Disputes In The Internet Age, Ajay K. Mehrotra, Marcelo Halpern

Articles by Maurer Faculty

In today's dynamic, digital economy, there is a global clash between geographically bounded intellectual property rights and the limitless reach of the Internet. Traditionally, discrepancies in international intellectual property rights, such as trademark disputes, have been resolved through time-consuming, multilateral state-to-state treaty negotiations that have global harmonization as the primary goal.

With the explosion of e-commerce and the birth of a New Economy, however, such a traditional process is no longer economically viable. Instead, a new approach towards international intellectual property is fast emerging - one that rests not on treaties between multiple states, but on the private contracting of ...


Spandau Revisited: The Question Of Detention For International War Crimes, Mary Margaret Penrose Jan 2000

Spandau Revisited: The Question Of Detention For International War Crimes, Mary Margaret Penrose

Faculty Scholarship

Drazen Erdemovic. The name may be unfamiliar to many outside the former Yugoslavia. The name will surely be unknown by most people outside the international community and those committed to the universal protection of human rights through criminal prosecution. Drazen Erdemovic is a confessed killer. Drazen Erdemovic has confessed to killing somewhere between seventy and one hundred unarmed Muslims in a mass execution as a member of the Bosnian Serb army in July 1995. In this regard, he is the first convicted defendant to stem from the International Criminal Tribunal for the former Yugoslavia (ICTY) established by the United Nations ...


Critical Race Theory And International Law: The View Of An Insider-Outsider, Makau Mutua Jan 2000

Critical Race Theory And International Law: The View Of An Insider-Outsider, Makau Mutua

Journal Articles

This article contends that international law, like national law, is captive to the racial biases and hierarchies that hide injustice under the pretext of legal neutrality and universality. It argues that international law is tormented by racist and hegemonic asymmetries that govern the international order. The piece posits that international law could benefit greatly from the method of critical race theory in unpacking the pathologies of power and race that define it. It focuses on the use of international law to conceive and buttress the exploitation and marginalization of the North by the South. It calls for a reconstruction of ...


Space Invaders: Critical Geography, The Third World In International Law And Critical Race Theory, Keith Aoki Jan 2000

Space Invaders: Critical Geography, The Third World In International Law And Critical Race Theory, Keith Aoki

Villanova Law Review

No abstract provided.


Commitment And Compliance: The Role Of Non-Binding Norms In The International Legal System (Introduction), Dinah L. Shelton Jan 2000

Commitment And Compliance: The Role Of Non-Binding Norms In The International Legal System (Introduction), Dinah L. Shelton

GW Law Faculty Publications & Other Works

The introductory chapter of this book describes a study undertaken to determine the extent to which states comply with non-binding legal principles as compared to rules of law and focused on environmental soft law. The leaders of the study provided four factors they predicted would have an effect on compliance with soft law: institutional setting, regional diversity, the type of obligation, and generality and specificity. The chapter next describes the international legal system and its recent expansion, then describes a variety of methods for resolving international issues. Next, the chapter notes a few possible reasons why states prefer to undertake ...


International Law And The American National Interest, Michael Byers Jan 2000

International Law And The American National Interest, Michael Byers

Faculty Scholarship

No abstract provided.


The Rise Or The Fall Of International Law?, Edith Brown Weiss Jan 2000

The Rise Or The Fall Of International Law?, Edith Brown Weiss

Georgetown Law Faculty Publications and Other Works

This Article argues that traditional international law is healthy in the sense that there are more international agreements than ever, and States continue to serve important roles in the international system. It is falling, however, as the sole focus of international legal efforts. It is necessary to redefine international law to include actors other than States among those who make international norms and who implement and comply with them, and to include legal instruments that may not be formally binding. These developments raise three important issues: the need for the new actors to be accountable and for the new norms ...


The Twilight Of Customary International Law, James Kelly Dec 1999

The Twilight Of Customary International Law, James Kelly

Patrick Kelly

This article criticizes mainstream customary international legal theory as lacking authority and legitimacy. Few customary international law (CIL) norms are, in fact, customary. All customary law, international or otherwise, acquires its legitimacy from the normative belief of a community. Norms may be inferred from the repeated acts believed to be required using the inductive method. CIL, however, has become a device for judges, advocates, and self-interested states to deduce or create new norms without regard to the beliefs or participation of the vast majority of states and their people. CIL norms are constructed from non-binding resolutions and soft law instruments ...