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Full-Text Articles in Law

Law Enforcement Cooperation As A 'Transnational Factor' In Cross-Taiwan Strait Relations, Jason A. Blatt Apr 2003

Law Enforcement Cooperation As A 'Transnational Factor' In Cross-Taiwan Strait Relations, Jason A. Blatt

Jason A Blatt

In recent years, political disputes have constantly prevented governments in China and Taiwan from working with each other on important issues of mutual concern. However, cooperation between law enforcement authorities on both sides of the Taiwan Strait has steadily increased over the past decade and a half, regardless of ups and downs in political relations. While governments on both sides are still not speaking to each other, law enforcement authorities are boosting cooperation by sharing information on criminal cases, deporting each other's fugitives, exchanging visits of high-ranking police officials and participating in seminars on cross-strait crime-fighting. Successful cross-strait law enforcement …


Article: The Failure Of The Nation State And The New International Economic Order:, Eric A. Engle Jan 2003

Article: The Failure Of The Nation State And The New International Economic Order:, Eric A. Engle

Eric A. Engle

Both the New International Economic Order ("NIEO") and the New World Order (NWO) have failed to end poverty in the third world, most notably in Africa. The failure of these two theories, themselves responses to the failure of the Westphalian state system, and the material facts of globalisation present an opportunity to elaborate a new law of nations. Abandoning the Westphalian model is the best way forward, not only because of the technological revolution in the first world, but also for cultural reasons in Africa, where borders almost never correspond to nations.


Non-State Actors In The Nuclear Black Market: Proposing An International Legal Framework For Preventing Nuclear Expertise Proliferation & Nuclear Smuggling By Non-State Actors, Thomas V. Burch Jan 2003

Non-State Actors In The Nuclear Black Market: Proposing An International Legal Framework For Preventing Nuclear Expertise Proliferation & Nuclear Smuggling By Non-State Actors, Thomas V. Burch

Thomas V. Burch

No abstract provided.


Parliamentary Oversight Of Wto Rule-Making: The Ploitical And Normative Contest, Gregory C. Shaffer Jan 2003

Parliamentary Oversight Of Wto Rule-Making: The Ploitical And Normative Contest, Gregory C. Shaffer

Gregory C Shaffer

No abstract provided.


Normativity In International Law: The Case Of Unilateral Humanitarian Intervention, Daphne Richemond-Barak Jan 2003

Normativity In International Law: The Case Of Unilateral Humanitarian Intervention, Daphne Richemond-Barak

Daphne Richemond-Barak

This Article argues that the ambiguous normative regime currently governing unilateral humanitarian intervention provides an adequate legal framework for such intervention. The Article reviews the arguments typically made in support of a codified, strict normative regime, finding that strict normativity is unlikely to deter human rights violators more effectively than the current framework. In addition, the Article points out that any effort to codify a norm of unilateral humanitarian intervention faces formidable obstacles. Such an effort must overcome the conflict between the traditional doctrine of state sovereignty and emerging principles of human rights, as well as practical difficulties in reaching …


Unclos And The High Seas: Problems And Suggested Solutions To The Creation Of A Common Pool Resource On An International Scaleproblems And Suggested Solutions To The Creation Of A Common Pool, Chad J. Mcguire Jan 2003

Unclos And The High Seas: Problems And Suggested Solutions To The Creation Of A Common Pool Resource On An International Scaleproblems And Suggested Solutions To The Creation Of A Common Pool, Chad J. Mcguire

Chad J McGuire

The purpose of this paper is to critically analyze UNCLOS as an efficient management regime for protecting migratory marine species1, especially those with economic value. The premise, based on foundations of collective action theory, is UNCLOS cannot adequately protect marine resources. The main reasons include the dynamics involved with national sovereignty, along with UNCLOS creation of what is tantamount to a common pool, or open access resource through the development of the “high seas” concept.