Law Commons^™

An Issue Of Invocability Of Provisions Of The Wto Covered Agreements Before Domestic Courts, Ramesh Karky

Annual Survey of International & Comparative Law

This paper examines and covers relevant provisions of the Uruguay Round Agreements and laws of Nepal, provides arguments favoring and opposing invocability and non-invocability, analyzes the constitutionality and validity of Nepal’s accession to the WTO, the direct applicability of the Uruguay Round Agreements in Nepal’s internal law, and the invocability of the provisions of the Uruguay Round Agreements before the courts of Nepal, and finally draws conclusion on the issue.

Probing The Scope Of Self Defense In International Law, Eustace Chikere Azubuike

Annual Survey of International & Comparative Law

The concept of self defense is one field of international law that has generated, and continues to generate, much controversy. The controversy is not as to the legality of self defense, but rather springs from a proper identification of the circumstances under which it applies. Thus, the International Court of Justice and other tribunals have received criticisms from states and academics for a perceived misapplication of the principle of self defense. The interpretation of the concept, like other important concepts in international law, has not been free from political considerations. Does this situation imply that the boundaries of self defense …

Humanitarian Intervention In A Post-Iraq, Post-Darfur World: Is There Now A Duty To Prevent Genocide Even Without Security Council Approval?, Sarah Mazzochi

Annual Survey of International & Comparative Law

Is there now a right to unilateral humanitarian intervention in a post-Iraq, post-Darfur world? This Article seeks to answer that question.

Part I will address the background and historical evolution of unilateral humanitarian intervention as well as give examples of state action or inaction in cases of genocide. Part I will also give the legal framework for the U.N. Genocide Convention. Part II will discuss the law of humanitarian intervention as it is commonly accepted today. Part III will point to the future and argue that the law of humanitarian intervention should be, going forward, a jus cogens norm. Part …

Home State, Cross-Border Custody, And Habitual Residence Jurisdiction: Time For A Temporal Standard In International Family Law, Todd Heine

Annual Survey of International & Comparative Law

This article addresses three jurisdictional standards that arise in every cross-border child custody dispute between European Union Member States and the United States: home state, cross-border, and habitual residence jurisdiction. These jurisdictional standards face uncertainty in many cases.

First, this article provides a history of family law jurisdiction in the United States and thoroughly reviews home state jurisdiction in United States domestic law. While domestic family lawyers know this standard, the standard’s rigidity and fragmented application among the states baffle many foreign family lawyers.

Second, this article offers an overview of the remarkable emergence of family law in European Union …

Keynote Address To The 20th Annual Fulbright Symposium – International Law In A Time Of Change, Michael Alsuel Ntumy

Annual Survey of International & Comparative Law

The theme of this symposium is International Law in a Time of Change. Considering the events that have engulfed international law in recent times, it is hard to imagine a more important or timely topic than this one. Whether one focuses on the rules, principles and concepts, or the institutions of international law, there is no escape from the fact that these things all bear the indelible imprint of change. This fitting theme has undoubtedly been influenced, I believe, by the "Change" campaign of President Barrack Obama, the “new Prince of Change.” For this reason, I am inclined to …

Foreward, Jon Sylvester

Annual Survey of International & Comparative Law

No abstract provided.

Editorial, Christian N. Okeke

Annual Survey of International & Comparative Law

No abstract provided.

Masthead

Annual Survey of International & Comparative Law

No abstract provided.

Alternative Dispute Resolution As A Catalyst For The Promotion Of Harmony In International Law: Myth Or Reality?, Rabiatu I. Danpullo-Hamisu

Fulbright Symposium

Professor Dr. Rabiatu I. Danpullo-Hamisu: Associate Professor of Law, Department of Common Law, University of Yaoundé II, Soa – Cameroon; Visiting Fulbright Scholar, George Washington University.

“International (In)Justice: Six Decades After, Have We Progressed Significantly Since Nuremberg ?”, John G. Rodden

Fulbright Symposium

Professor Dr. John Rodden has taught rhetoric and communication studies at the University of Virginia and the University of Texas at Austin. He has published twenty books, including “Dialectics, Dogmas, And Dissent: Stories of Human Rights Abuse in Eastern Germany” (2010) and “The Walls That Remain: Eastern and Western Germans Since Reunification” (2007). He is on the editorial board of The Journal of Human Rights and The Human Rights Review, among other publications.

Fitting Square Pegs Into Round Holes – The Vexed Question Of Harmonizing International Legal Regulation Of Traditional Cultural Expressions Under Intellectual Property Law, Gertrude Araba Esaaba Torkornoo

Fulbright Symposium

The Honorable Justice Gertrude Araba Esaaba Torkornoo: Judge of Commercial Division of High Court, Ghana; Fellow, Golden Gate University School of Law/International Women Judges Graduate Fellowship Program (LLM in Intellectual Property Law), 2010 – 2011 LLM in Intellectual Property Law Candidate, Golden Gate University School of Law Post-Graduate Diploma in International Law, Institute of Social Studies, The Hague Netherlands Barrister-At-Law , Ghana School of Law BA, University of Ghana.

An Issue Of Invocability Of Provisions Of The Wto Covered Agreements Before Domestic Courts, Ramesh Karky

Fulbright Symposium

Dr. Ramesh Karky, SJD graduate from Golden Gate University School of Law, is currently a Post- Doctoral Associate at the University Of Western Ontario Faculty Of Law in London, Canada. Prior to joining the University of Western Ontario, Dr. Karky was working as a WTO/IP Consultant on USAID projects in Iraq. Dr. Karky has also worked as an expert to the UNCTAD technical assistance project: “Nepal's Accession to the WTO.” He also served as a National Program Manager on two UNDP projects: Rule of Law and Strengthening Judiciary Programmes. In addition, Dr. Karky practiced law as an Advocate for several …

Do We Need A European Civil Code?, David Schmid

Fulbright Symposium

Mr. David Schmid studied Law at Ruprecht-Karls-University, Heidelberg, Germany and finished with honors in 2009. He then wrote his dissertation in Business Criminal Law before coming to Golden Gate University School of Law to obtain a Master of Laws (LL.M.) in U.S. Legal Studies. He received scholarships from Baden-Württemberg-Foundation and Golden Gate University. Mr. Schmid interned in law firms in Germany and the US, he was the student president and the leader of several students’ clubs; he also served in the youth municipal council.

Coal-Fired China: Rethink The Precautionary Principle, Shufan Sung

Fulbright Symposium

Ms. Shufan Sung: SJD in International Legal Studies Candidate, Golden Gate University School of Law; Attorney at Law in Taiwan, Republic of China.

Dissonance In International Law: The Increasing Tension Between International Humanitarian Law And State Sovereignty, Warren Small

Fulbright Symposium

After spending twenty-five years in the U.S. Navy as a commissioned officer, Professor Small earned his J.D. from Golden Gate, where he specialized in international law. He joined the adjunct faculty in 1996 to complement his private practice which specializes in all aspects of domestic and international intellectual property matters as well as domestic and international business formation. Professor Small is also a member of the adjunct faculty of the Monterey Institute of International Studies and the Monterey College of Law where he teaches several courses in international law. Professor Small frequently delivers guest lectures on international legal issues arising …

Making Peace With The Past: Federal Republic Of Germany’S Accountability For Wwii Massacres Before The Italian Supreme Court, Benedetta Faedi Duramy

Fulbright Symposium

Professor Dr. Benedetta Faedi Duramy is an Associate Professor of Law at Golden Gate University School of Law in San Francisco where she teaches International Human Rights, Gender and Children's issues in International Law, and Property. The author of several book chapters and articles, Professor Faedi Duramy completed her JSD (PhD equivalent) at Stanford Law School where she has been the recipient of numerous awards for her extensive research and scholarship on gender-based violence, with a special focus on Haiti. Previously she received an LLM from the London School of Economics and Political Sciences, an MA in Political Science from …

Non-Majoritarian Difficulty Squared, Hubert Smekal

Fulbright Symposium

Professor Dr. Hubert Smekal Assistant Professor, Department of International Relations and European Studies, Faculty of Social Studies, Masaryk University, Brno, Czech Republic; Assistant of the E.MA Director for the Czech Republic; Visiting Fulbright-Masaryk Post-Doc Researcher, Centre for the Study of Law and Society, UC Berkeley School of Law.

Research Freedom For University Scholars, Mark Perry

Fulbright Symposium

Professor Mark Perry is jointly appointed to the Faculty of Science, Computer Science, and the Faculty of Law at the University of Western Ontario, London, Canada where he is Associate Dean of Research, Graduate Programs and Operations. He is a Faculty Fellow at IBM's Center for Advanced Studies, a Barrister and Solicitor of the Law Society of Upper Canada, a member of the International Association for the Advancement of Teaching and Research in Intellectual Property, the IEEE, the Intellectual Property Institute of Canada, and the ACM. He is a member of the College of Reviewers of the Canada Research Chairs, …

Harmony And Dissonance Among International Tax Regimes, Nancy Yonge

Fulbright Symposium

Professor Dr. Nancy Yonge has been a teacher, scholar and policy adviser throughout the US and abroad. Her areas of expertise include comparative tax and regulatory regimes, economic development, international trade, and legal aspects of the policy process. She began her full time teaching career on the East Coast of the US at Long Island University, State University of New York at Albany, and the University of Hartford. Following policy research appointments in Washington, D.C. during the administrations of Ronald Reagan and George H.W. Bush, Dr. Yonge served as a Visiting Professor at universities in the UK, France, Hungary, and …

Conference Report: Harmony And Dissonance In International Law, Christian N. Okeke

Fulbright Symposium

Conference Report: Harmony and Dissonance in International Law Professor Dr. Christian N. Okeke.

Introduction, Christian N. Okeke

Fulbright Symposium

Introduction: Professor Dr. Christian N. Okeke, Professor of Law, Director of LLM & SJD International Legal Studies Programs, Director of the Sompong Sucharitkul Center for Advanced International Legal Studies, Golden Gate University School of Law.

Terrorism And International Law: Cure The Underlying Problem, Not Just The Symptom, Arnold K. Amet

Fulbright Symposium

KEYNOTE SPEAKER: Terrorism and International Law: Cure the Underlying Problem, Not Just the Symptom.

The Honorable Chief Sir Arnold K. Amet, Minister for Justice and Attorney General of Papua New Guinea. Previously served in Papua New Guinea as Chief Justice, Governor of Madang Province and Judge of the National and Supreme Courts. Also held positions as a State Attorney and Public Solicitor of Papua New Guinea, as well as Legal Officer and Secretary of Air Niugini and the National Airline Commission.

21st Annual Fulbright Symposium - Harmony And Dissonance In International Law, Brad Lai

The Sompong Sucharitkul Center for Advanced International Legal Studies

Conference proceedings from The 21st Annual Fulbright Symposium on International Legal Problems.

Mismanagement Of Emerging Stock Markets: Analysis Of The Role Played By "Legislative Infidelity" - A Norm Of Int'l Economic Jurisprudence - In The N8.1tn ($60bn) Crash Of Nigeria Stock Market, Collins U.C. Ikebudu

Theses and Dissertations

The crash of Nigeria stock market which occurred between 2008 and 2009 was unusual. Events that preceded the crash, misconducts of market operators and regulators before, during, and after the crash, the reckless hypes and spins that generated lots of frenzied trading leading to the astronomical rise of Nigeria stock market to number one position in the world, and the synchronization and magnitude of the crash that followed - all exhibit signs of organized scheme.

Thanks to the English Bubble Act of 1720 with which South Sea Corporation precipitated a one hundred and five years securities fraud in Britain, the …