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International Law Commons

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Comparative and Foreign Law

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2001

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Articles 31 - 60 of 137

Full-Text Articles in International Law

Indigenous Rights And Multinational Corporations At International Law, Patrick Macklem Jan 2001

Indigenous Rights And Multinational Corporations At International Law, Patrick Macklem

UC Law SF International Law Review

No abstract provided.


Text Of Remarks On Panel: Indigenous Peoples, Environmental Torts And Cultural Genocide, Richard Herz Jan 2001

Text Of Remarks On Panel: Indigenous Peoples, Environmental Torts And Cultural Genocide, Richard Herz

UC Law SF International Law Review

No abstract provided.


Uniform Rules Of Engagement: The New Tax Regime For Foreign Sales, Harold S. Peckron Jan 2001

Uniform Rules Of Engagement: The New Tax Regime For Foreign Sales, Harold S. Peckron

UC Law SF International Law Review

The World Trade Organization (WTO) administers, enforces, and decides international trade disputes by establishing uniform rules of trade engagement designed to minimize trade wars. Countries that fail to abide by the WTO rules can be taken to the WTO courts and face eventual sanctioned retaliation. Without such rules, global economic competition can be as fierce as the most devastating battle and, as history has shown, can be the catalyst for war.

This Article examines the United States' alleged disregard of the WTO uniform trade rules through the use of foreign sales corporations, and how this tax regime almost ignited an …


Sculpting The Agenda Of Comparative Law: Ernst Rabel And The Façade Of Language, David J. Gerber Jan 2001

Sculpting The Agenda Of Comparative Law: Ernst Rabel And The Façade Of Language, David J. Gerber

All Faculty Scholarship

No abstract provided.


Economic Restructuring And The European Monetary Union, Juan Luis Millan Pereira Jan 2001

Economic Restructuring And The European Monetary Union, Juan Luis Millan Pereira

University of Miami International and Comparative Law Review

No abstract provided.


Economic And Social Actors In The World Trade Organization, Steve Charnovitz Jan 2001

Economic And Social Actors In The World Trade Organization, Steve Charnovitz

ILSA Journal of International & Comparative Law

The World Trade Organization (WTO) is an international organization composed of Members that are states or customs territories


Lessons From The Ngo Campaign Against The Second Review Of The World Bank Inspection Panel: A Participant's Perspective, Daniel D. Bradlow Jan 2001

Lessons From The Ngo Campaign Against The Second Review Of The World Bank Inspection Panel: A Participant's Perspective, Daniel D. Bradlow

ILSA Journal of International & Comparative Law

This case study of the Non-Governmental Organization (NGO) campaign against the second review of the World Bank's Inspection Panel is intended as an example of the impact international civil society can have on international financial institutions (IFIs).


Message As Medium In Sierra Leone, Diane Marie Amann Jan 2001

Message As Medium In Sierra Leone, Diane Marie Amann

ILSA Journal of International & Comparative Law

This virtual haiku of war comes from a fellow named Josep Sonah, whom a Boston Globe report described as a nineteen-year-old veteran of the Sierra Leone civil war


The International Financial Institutions And The United Nations: The Theory And Practice Of International Financial Assistance To Emerging And Transition Economies And States In Crisis, Karen Hudes Jan 2001

The International Financial Institutions And The United Nations: The Theory And Practice Of International Financial Assistance To Emerging And Transition Economies And States In Crisis, Karen Hudes

ILSA Journal of International & Comparative Law

Reconstruction of countries emerging from conflict is at the heart of development.


Civil Society At The Wto: The Illusion Of Inclusion?, Jeffrey L. Dunoff Jan 2001

Civil Society At The Wto: The Illusion Of Inclusion?, Jeffrey L. Dunoff

ILSA Journal of International & Comparative Law

In this brief essay, I want to link our panel's focus on civil society-and related issues of inclusion and participation-with the broader conference theme of international law and organizations as we enter the 21st century.


Intervention In Kosovo: Legal? Effective?, H. B. Mccullough Jan 2001

Intervention In Kosovo: Legal? Effective?, H. B. Mccullough

ILSA Journal of International & Comparative Law

A retrospective look at the 1999 war in Kosovo is in order


Why Barayagwiza Is Boycotting His Trial At The Ictr: Lessons In Balancing Due Process Rights And Politics, Mercedeh Momeni Jan 2001

Why Barayagwiza Is Boycotting His Trial At The Ictr: Lessons In Balancing Due Process Rights And Politics, Mercedeh Momeni

ILSA Journal of International & Comparative Law

On October 23, 2000, an eagerly anticipated joint trial, dubbed "the media trial," began at the United Nations International Criminal Tribunal for Rwanda (ICTR or Tribunal), in Arusha, Tanzania.'


International Tribunals And Their Ability To Provide Adequate Justice: Lessons From The Yugoslav Tribunal, Ivana Nizich Jan 2001

International Tribunals And Their Ability To Provide Adequate Justice: Lessons From The Yugoslav Tribunal, Ivana Nizich

ILSA Journal of International & Comparative Law

In 1994 and 1996, respectively, the International Criminal Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR) were created by the United Nations Security Council to hold accountable those responsible for genocide, war crimes, crimes against humanity and other violations of international laws and norms.


The International Legal Adjudication Of The Crime Of Genocide, Jeffrey S. Morton Jan 2001

The International Legal Adjudication Of The Crime Of Genocide, Jeffrey S. Morton

ILSA Journal of International & Comparative Law

Andreopoulos notes that no crime matches genocide in the moral opprobrium that it generates.


Teaching The Laws Of War: Much Too Important To Be Left To Military Academies?, Ivana Shearer Jan 2001

Teaching The Laws Of War: Much Too Important To Be Left To Military Academies?, Ivana Shearer

ILSA Journal of International & Comparative Law

I have an uneasy feeling about the title of this panel. If it implies that there is widespread ignorance in the general community, and in civilian law schools in particular, and that this ignorance ought to be redressed, then my answer is yes.


Accountability And International Actors In Bosnia And Herzegovina, Kosovo And East Timor, Ralph Wilde Jan 2001

Accountability And International Actors In Bosnia And Herzegovina, Kosovo And East Timor, Ralph Wilde

ILSA Journal of International & Comparative Law

Current international involvement in Bosnia and Herzegovina, Kosovo and East Timor has two elements.


The United States And The International Criminal Court: A Recommendation For The Bush Administration, Michael P. Scharf Jan 2001

The United States And The International Criminal Court: A Recommendation For The Bush Administration, Michael P. Scharf

ILSA Journal of International & Comparative Law

In the waning days of his presidency, William J. Clinton authorized the United States signature of the Rome Treaty establishing an International Criminal Court (ICC), making the United States the 138th country to sign the treaty by the December 30th deadline.


A Pope, Two Presidents And A Prime Minister, Ivana Shearer Jan 2001

A Pope, Two Presidents And A Prime Minister, Ivana Shearer

ILSA Journal of International & Comparative Law

The modem history-the tragic history-of the people of East Timor can be said to have begun in 1493


The Enforcement Of The Fourth Geneva Convention In The Occupied Palestinian Territory, Including Jerusalem, Hussein A. Hassouna Jan 2001

The Enforcement Of The Fourth Geneva Convention In The Occupied Palestinian Territory, Including Jerusalem, Hussein A. Hassouna

ILSA Journal of International & Comparative Law

This article expresses a timely and most important subject. It concerns the implementation of international humanitarian law, that branch of law that has recently assumed an ever-growing prominence, as an expression of our generation's ideal of the rule of law in international relations.


The "Victim" Requirement, The Fourth Instance Formula And The Notion Of "Person" In The Individual Complaint Procedure Of The Inter-American Human Rights System, Diego Rodriquez Pinzon Jan 2001

The "Victim" Requirement, The Fourth Instance Formula And The Notion Of "Person" In The Individual Complaint Procedure Of The Inter-American Human Rights System, Diego Rodriquez Pinzon

ILSA Journal of International & Comparative Law

The question of admissibility of human rights petitions involves a broad field of legal issues, which include exhaustion of domestic remedies, duplication of procedures and other technical procedural matters.


New Legislation In Germany Concerning Same-Sex Unions, Stephen Ross Levitt Jan 2001

New Legislation In Germany Concerning Same-Sex Unions, Stephen Ross Levitt

ILSA Journal of International & Comparative Law

Various forms of legal recognition have been given to same-sex spousal relations in many nations of the European Union.


The Maritime Slave Trade: A 21st Century Problem?, Samuel Pyeatt Menefee Jan 2001

The Maritime Slave Trade: A 21st Century Problem?, Samuel Pyeatt Menefee

ILSA Journal of International & Comparative Law

Whoever, being a citizen or resident of the United States and a member of the crew or ship's company of any foreign vessel engaged in the slave trade, or whoever, being of the crew or ship's company of any vessel owned in whole or in part, or navigated for, or in behalf of, any citizen of the United States...


Defining Terrorism As The Peace Time Equivalent Of War Crimes: A Case Of Too Much Convergence Between International Humanitarian Law And International Criminal Law?, Michael P. Scharf Jan 2001

Defining Terrorism As The Peace Time Equivalent Of War Crimes: A Case Of Too Much Convergence Between International Humanitarian Law And International Criminal Law?, Michael P. Scharf

ILSA Journal of International & Comparative Law

The problem of defining "terrorism" has vexed the international community for years.


The Impact Of Civil Society On The World Bank, The International Monetary Fund And The World Trade Organization: The Case Of The World Bank, Sabine Schlemmer-Schulte Jan 2001

The Impact Of Civil Society On The World Bank, The International Monetary Fund And The World Trade Organization: The Case Of The World Bank, Sabine Schlemmer-Schulte

ILSA Journal of International & Comparative Law

Since the 1980s, the international community has both in theory and in practice called for reform of the development process.


The Increasing Role Of Interest Groups In Investment Transactions Involving International Financial Institutions, Mark Kantor Jan 2001

The Increasing Role Of Interest Groups In Investment Transactions Involving International Financial Institutions, Mark Kantor

ILSA Journal of International & Comparative Law

I would like to welcome you to our panel on the Increasing Role of Interest Groups in Investment Transactions Involving International Financial Institutions.


Torture Of Terrorists In Israel: The United Nations And The Supreme Court Of Israel Pave The Way For Human Rights To Trump Communitarianism, Jason S. Greenberg Jan 2001

Torture Of Terrorists In Israel: The United Nations And The Supreme Court Of Israel Pave The Way For Human Rights To Trump Communitarianism, Jason S. Greenberg

ILSA Journal of International & Comparative Law

The General Security Service of Israel, also known as the Shin Bet, investigates individuals suspected of being involved with crimes against Israel's security.


Air Rage: Is It A Global Problem? What Proactive Measures Can Be Taken To Reduce Air Rage, And Whether The Tokyo Convention Should Be Amended To Ensure Prosectuion Of Air Rage Offenders?, Margaret P. Fogg Jan 2001

Air Rage: Is It A Global Problem? What Proactive Measures Can Be Taken To Reduce Air Rage, And Whether The Tokyo Convention Should Be Amended To Ensure Prosectuion Of Air Rage Offenders?, Margaret P. Fogg

ILSA Journal of International & Comparative Law

Air rage is a fairly recent phenomenon gaining domestic and international scrutiny in an area of increasing importance and interest to the traveling public


The Invisible Women: The Taliban's Oppression Of Women In Afghanistan, Meri Melissi Hartley-Blecic Jan 2001

The Invisible Women: The Taliban's Oppression Of Women In Afghanistan, Meri Melissi Hartley-Blecic

ILSA Journal of International & Comparative Law

Today, we live in a world where the women's movement has given most women the opportunity to excel in professional careers, hold political offices, own their own companies, and hold many other positions of power.


The United Kingdom's Human Rights Act Of 1998: Willthe Parliament Relinquish Its Soverignty To Ensure Human Rights Protection In Domestic Courts?, Christina M. Kitterman Jan 2001

The United Kingdom's Human Rights Act Of 1998: Willthe Parliament Relinquish Its Soverignty To Ensure Human Rights Protection In Domestic Courts?, Christina M. Kitterman

ILSA Journal of International & Comparative Law

The United Kingdom has come into the new millennium with an unprecedented written set of human rights for its citizens.


Introduction: The Building Blocks To Recognition Of Human Rights And Democracy: Reconciliation, Rule Of Law And Domestic And International Peace, James D. Wilets Jan 2001

Introduction: The Building Blocks To Recognition Of Human Rights And Democracy: Reconciliation, Rule Of Law And Domestic And International Peace, James D. Wilets

ILSA Journal of International & Comparative Law

The theme of this 2000 Goodwin Seminar issue, "International Human Rights in the 21st Century: The Role of Development, Reconciliation and Democracy in Securing World Peace," addresses one of the great ironies of the late twentieth century.