Open Access. Powered by Scholars. Published by Universities.®

Comparative and Foreign Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 30 of 39

Full-Text Articles in Comparative and Foreign Law

Repairing U.S. Violations: Applying Customary International Law And Implementing The Icc Hague Detention Centre Practices To Confinement Conditions At Gtmo, Patrice Corpus Oct 2016

Repairing U.S. Violations: Applying Customary International Law And Implementing The Icc Hague Detention Centre Practices To Confinement Conditions At Gtmo, Patrice Corpus

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Wartime Environmental Pollution And Endangerment: The Landmine Scourge And The Global Effort To Eliminate It, Theresa Oby Ilegbune Aug 2016

Wartime Environmental Pollution And Endangerment: The Landmine Scourge And The Global Effort To Eliminate It, Theresa Oby Ilegbune

Annual Survey of International & Comparative Law

The principal purpose of this paper is to discuss the legal aspects of the global efforts to ban and eliminate landmines. In doing this, it is considered necessary to explain what landmines are; the nature and extent of security, social and environmental problems posed by landmines; the history and development of the international campaign to adopt a treaty banning landmines; and efforts made, and still being made, to implement that treaty. In these discussions, Nigeria will be used as a case study.


A Survey Of Possible Legal Responses To International Terrorism: Prevention, Punishment, And Cooperative Action, Jordan J. Paust Jul 2016

A Survey Of Possible Legal Responses To International Terrorism: Prevention, Punishment, And Cooperative Action, Jordan J. Paust

Georgia Journal of International & Comparative Law

No abstract provided.


Aviation Law - Insurance - Neither “War Risk” Nor Other Standard Terms Denoting Civil Disturbance Within The Exclusionary Clauses Of All Risks Policies Encompass The Destruction Of An Aircraft By Hijackers, Kathy D. Izell Jul 2016

Aviation Law - Insurance - Neither “War Risk” Nor Other Standard Terms Denoting Civil Disturbance Within The Exclusionary Clauses Of All Risks Policies Encompass The Destruction Of An Aircraft By Hijackers, Kathy D. Izell

Georgia Journal of International & Comparative Law

No abstract provided.


United States Obligations Under Status Of Forces Agreements: A New Method Of Extradition?, William J. Norton Jul 2016

United States Obligations Under Status Of Forces Agreements: A New Method Of Extradition?, William J. Norton

Georgia Journal of International & Comparative Law

No abstract provided.


Book Review: The Soviet Union In World Affairs, A Documented Analysis, 1964-1972. By Professor W. W. Kulski. Syracuse: Syracuse University Press, 1972. Pp. 526. $17.50., Jacob D. Beam Jun 2016

Book Review: The Soviet Union In World Affairs, A Documented Analysis, 1964-1972. By Professor W. W. Kulski. Syracuse: Syracuse University Press, 1972. Pp. 526. $17.50., Jacob D. Beam

Georgia Journal of International & Comparative Law

No abstract provided.


The Device Of Fiction In Public International Law, Jean J. A. Salmon Jun 2016

The Device Of Fiction In Public International Law, Jean J. A. Salmon

Georgia Journal of International & Comparative Law

No abstract provided.


Conference Summary: Problems And Prospects Of Trade With Eastern Europe And China, Chesterfield H. Smith, William C. Mott, William J. Casey, Philip M. Landrum, Jacobus T. Severiens, Dean Rusk, Evgeniy V. Bugrov, Andrzej B. Burzynski, Gabriel M. Wilner, Peter M. Flanigan, Benjamin Busch, Victor Hoa Li, Graham Metson, Donald Clark, Reg Murphy, Charles Hodgkins, C.C. Van Den Heuvel, Jeremy Russell, David Winter Jun 2016

Conference Summary: Problems And Prospects Of Trade With Eastern Europe And China, Chesterfield H. Smith, William C. Mott, William J. Casey, Philip M. Landrum, Jacobus T. Severiens, Dean Rusk, Evgeniy V. Bugrov, Andrzej B. Burzynski, Gabriel M. Wilner, Peter M. Flanigan, Benjamin Busch, Victor Hoa Li, Graham Metson, Donald Clark, Reg Murphy, Charles Hodgkins, C.C. Van Den Heuvel, Jeremy Russell, David Winter

Georgia Journal of International & Comparative Law

No abstract provided.


Book Review: Foreign Affairs And The Constitution. By Louis Henkin. Mineola, N.Y.: The Foundation Press, 1972. Pp. 553. $11.50., Carl Marcy Jun 2016

Book Review: Foreign Affairs And The Constitution. By Louis Henkin. Mineola, N.Y.: The Foundation Press, 1972. Pp. 553. $11.50., Carl Marcy

Georgia Journal of International & Comparative Law

No abstract provided.


Comment: Blocked Assets And Private Claims: The Initial Barriers To Trade Negotiations Between The United States And China, John J. Fitzpatrick Jr., Toby B. Prodgers Jun 2016

Comment: Blocked Assets And Private Claims: The Initial Barriers To Trade Negotiations Between The United States And China, John J. Fitzpatrick Jr., Toby B. Prodgers

Georgia Journal of International & Comparative Law

No abstract provided.


Terrorism: The Proposed United States Draft Convention, William T. Bennett Jun 2016

Terrorism: The Proposed United States Draft Convention, William T. Bennett

Georgia Journal of International & Comparative Law

No abstract provided.


Application Of The Law Of War To Internal Conflicts, James E. Bond Jun 2016

Application Of The Law Of War To Internal Conflicts, James E. Bond

Georgia Journal of International & Comparative Law

No abstract provided.


Complexity Analysis: A Preliminary Step Toward A General Systems Theory Of International Law, James L. Hildebrand Jun 2016

Complexity Analysis: A Preliminary Step Toward A General Systems Theory Of International Law, James L. Hildebrand

Georgia Journal of International & Comparative Law

No abstract provided.


Human Rights In North Korea - The Pump Don't Work Cause The Vandals Took The Handles, Steven Gariepy May 2016

Human Rights In North Korea - The Pump Don't Work Cause The Vandals Took The Handles, Steven Gariepy

International Human Rights Law Journal

Many cynics of the universality of international human rights point to persistent large-scale human-rights abusing regimes, such as the Democratic Republic of North Korea, as proof that there is nothing at all universal about human rights. This essay is an attempt to root out the implications of internal national policies on the suitability of international human rights whilst reinforcing their universality. The author of this essay, a military lawyer, reaches the conclusion that the pump of universal human rights don't work within the North Korea cause the vandals took the handle.


A Proposed Enhancement To Un Treaty Enforcement: Regular Recommendations To Civil Society, Benjamin Bloomer May 2016

A Proposed Enhancement To Un Treaty Enforcement: Regular Recommendations To Civil Society, Benjamin Bloomer

International Human Rights Law Journal

The UN treaty body system is an imperative component in the enforcement of international human rights law, but it currently does not have the mechanisms sufficient for the effective internalization of international human rights law standards. One of its current mechanisms, namely, concluding observations, are by their nature of being addressed to states insufficient to ensure enforcement in state parties not politically, economically, socially, or culturally inclined to obey the recommendations. This article proposes a new publication that will better foster communication between civil society organizations and treaty bodies, allowing for a more highly coordinated effort of civil society in …


Black Hole In The Rising Sun: Japan And The Hague Convention On Child Abduction, Paul Hanley May 2016

Black Hole In The Rising Sun: Japan And The Hague Convention On Child Abduction, Paul Hanley

International Human Rights Law Journal

Japan has long been criticized for its failure to address the issue of international child abduction. In response to international pressure, Japan adopted the Hague Convention on the Civil Aspects of International Parental Abduction in April 2014. Despite its ratification of the treaty, great concern remains whether Japan is willing to comply with the legal obligations imposed by the Convention. This article examines Japan’s struggle with the issue of international child abduction, analyzing its traditional approach to family matters such as its “divorce by conference” system, which permits couples to negotiate issues of child custody and visitation without any judicial …


The Judicial Dilemma O’Callahan V. Parker Presents To Sofa’S, Ernest V. Harris May 2016

The Judicial Dilemma O’Callahan V. Parker Presents To Sofa’S, Ernest V. Harris

Georgia Journal of International & Comparative Law

No abstract provided.


Toward Self-Determination - A Reappraisal As Reflected In The Declaration Of Friendly Relations, C. Don Johnson May 2016

Toward Self-Determination - A Reappraisal As Reflected In The Declaration Of Friendly Relations, C. Don Johnson

Georgia Journal of International & Comparative Law

No abstract provided.


Silence Gives Consent, Phillip C. Jessup May 2016

Silence Gives Consent, Phillip C. Jessup

Georgia Journal of International & Comparative Law

No abstract provided.


Some Structural Dilemmas Of World Organization, C. Wilfred Jenks May 2016

Some Structural Dilemmas Of World Organization, C. Wilfred Jenks

Georgia Journal of International & Comparative Law

No abstract provided.


Foreign Policy And The Government Legal Adviser, Henry Darwin Apr 2016

Foreign Policy And The Government Legal Adviser, Henry Darwin

Georgia Journal of International & Comparative Law

No abstract provided.


Foreign Policy And The Government Legal Adviser, Stephen M. Schwebel Apr 2016

Foreign Policy And The Government Legal Adviser, Stephen M. Schwebel

Georgia Journal of International & Comparative Law

No abstract provided.


Rape And Sexual Violence: Questionable Inevitability And Moral Responsibility In Armed Conflict, Katherine W. Bogen Apr 2016

Rape And Sexual Violence: Questionable Inevitability And Moral Responsibility In Armed Conflict, Katherine W. Bogen

Scholarly Undergraduate Research Journal at Clark (SURJ)

Wartime sexual violence is a critical human rights issue that usurps the autonomy of its victims as well as their physical and psychological safety. It occurs in both ethnic and non-ethnic wars, across geographic regions, against both men and women, and regardless of the “official” position of commanders, states, and armed groups on the use of rape as tactic of war. This problem is current, pervasive, and global in spite of the status of wartime sexual violence perpetration as a crime against humanity and the capacity of the international criminal court to indict offenders. Though some scholars have argued that …


Discussion On The Law Of Individual And Collective Self-Defense, Cary Yates, Lindsey Back Apr 2016

Discussion On The Law Of Individual And Collective Self-Defense, Cary Yates, Lindsey Back

Georgia Journal of International & Comparative Law

No abstract provided.


The United Nations And Collective Security: Some Normative And Empirical Considerations, Corey D. Schou Apr 2016

The United Nations And Collective Security: Some Normative And Empirical Considerations, Corey D. Schou

Georgia Journal of International & Comparative Law

No abstract provided.


A Legal Theory Of Collective Security, David Frolick Apr 2016

A Legal Theory Of Collective Security, David Frolick

Georgia Journal of International & Comparative Law

No abstract provided.


Discussion On Ideology And The Use Of Force, Larman C. Wilson, John Howell, Leslie Road Apr 2016

Discussion On Ideology And The Use Of Force, Larman C. Wilson, John Howell, Leslie Road

Georgia Journal of International & Comparative Law

No abstract provided.


Sino-Soviet Dispute Over Military And World Revolution, Samir N. Saliba Apr 2016

Sino-Soviet Dispute Over Military And World Revolution, Samir N. Saliba

Georgia Journal of International & Comparative Law

No abstract provided.


Sub-Saharan Africa: The Right Of Intervention In The Name Of Humanity, R. H. Payne Apr 2016

Sub-Saharan Africa: The Right Of Intervention In The Name Of Humanity, R. H. Payne

Georgia Journal of International & Comparative Law

No abstract provided.


The Use Of Force In Bloc Situations, Ross R. Oglesby Apr 2016

The Use Of Force In Bloc Situations, Ross R. Oglesby

Georgia Journal of International & Comparative Law

No abstract provided.