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Full-Text Articles in International Law

Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson Feb 2019

Venezuela Undermines Gold Miner Crystallex's Attempts To Recover On Its Icsid Award, Sam Wesson

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.


Between Dialogue And Decree: International Review Of National Courts, Robert B. Ahdieh Jun 2018

Between Dialogue And Decree: International Review Of National Courts, Robert B. Ahdieh

Robert B. Ahdieh

Recent years have seen dramatic growth in the number of international tribunals at work across the globe, from the Appellate Body of the World Trade Organization and the International Tribunal for the Law of the Sea, to the Claims Resolution Tribunal for Dormant Claims in Switzerland and the International Criminal Court. With this development has come both increased opportunity for interaction between national and international courts and increased occasion for conflict. Such friction was evident in the recent decision in Loewen Group, Inc. v. United States, in which an arbitral panel constituted under the North American Free Trade Agreement found …


Is International Arbitration Universal?, Halil Rahman Basaran Jan 2015

Is International Arbitration Universal?, Halil Rahman Basaran

ILSA Journal of International & Comparative Law

Due to diversity in parties to (e.g., states, international organizations, corporations and indivduals) and subjects of (e.g., state responsibility, investment, commercial transaction, violation of the international commercial contract) international arbitration, it would seem cogent to argue that international arbitration is comprised of many types.


El Arbitraje Internacional Es Universal?, Halil Rahman Basaran Jan 2015

El Arbitraje Internacional Es Universal?, Halil Rahman Basaran

ILSA Journal of International & Comparative Law

Debido a la deversidad de las partes (estados, organizaciones internacionales, corporaciones e indivduales) y sujetos (responsabilidad del estado, inversiones, transacciones comercials, violaciones del contracto comercial internacional) el arbitraje internacional, seria adecuado argumentar que el arbitraje internacional incluye muchos tipos.


Establishment Of A Special Anti-Piracy Tribunal: Prospective And Reality, Sandra L. Hodgkinson Jan 2013

Establishment Of A Special Anti-Piracy Tribunal: Prospective And Reality, Sandra L. Hodgkinson

ILSA Journal of International & Comparative Law

During the past several years, piracy off of the coast of Somalia increased, despite efforts of the international community to support piracy prosecutions in national and international courts.


Advisory Opinion On Responsibilty And Liability For International Seabed Mining (Itlos Case No. 17) And The Future Of Ngo Participation In The International Legal Process, Anna Dolidze Jan 2013

Advisory Opinion On Responsibilty And Liability For International Seabed Mining (Itlos Case No. 17) And The Future Of Ngo Participation In The International Legal Process, Anna Dolidze

ILSA Journal of International & Comparative Law

On February 1, 2011, the Seabed Disputes Chamber of the International Tribunal on the Law of the Sea (ITLOS) issued an advisory opinion in Case No. 17, Responsibilities and Obligations of States Sponsoring Persons and Entities with Respect to Activities in the Area (Case No. 17).


Counterfeit Conspiracy: The Misapplication Of Conspiracy As A Substantive Crime In International Law, Taylor Reeves Dalton Jan 2010

Counterfeit Conspiracy: The Misapplication Of Conspiracy As A Substantive Crime In International Law, Taylor Reeves Dalton

ILSA Journal of International & Comparative Law

In the International Criminal Tribunal for Rwanda (ICTR) case Prosecutor v. Musema, the trial chamber held that an individual could be found guilty solely for the crime of conspiracy to commit genocide even if no genocide takes place.


A Summary Of Legal System Amalgamation: An Introduction To Judge Patrick L. Robinson's Observations On The Hybrid Nature Of The Rules Of Procedure And Evidence Of The International Criminal Tribunal For The Former Yugoslavia, Jane E. Cross Jan 2009

A Summary Of Legal System Amalgamation: An Introduction To Judge Patrick L. Robinson's Observations On The Hybrid Nature Of The Rules Of Procedure And Evidence Of The International Criminal Tribunal For The Former Yugoslavia, Jane E. Cross

ILSA Journal of International & Comparative Law

On 14 February 2009, His Excellency Judge Patrick L. Robinson of Jamaica, President of the International Criminal Tribunal for the Former Yugoslavia (ICTY), spoke at the Nova Southeastern University (NSU) Shepard Broad Law Center, for Black History Month.


The United States And International Criminal Tribunals: An Historical Analysis, Harry M. Rhea Jan 2009

The United States And International Criminal Tribunals: An Historical Analysis, Harry M. Rhea

ILSA Journal of International & Comparative Law

The relationship between the United States and international criminal tribunals has lasted for almost 100 years at least.


Between Dialogue And Decree: International Review Of National Courts, Robert B. Ahdieh Dec 2004

Between Dialogue And Decree: International Review Of National Courts, Robert B. Ahdieh

Faculty Scholarship

Recent years have seen dramatic growth in the number of international tribunals at work across the globe, from the Appellate Body of the World Trade Organization and the International Tribunal for the Law of the Sea, to the Claims Resolution Tribunal for Dormant Claims in Switzerland and the International Criminal Court. With this development has come both increased opportunity for interaction between national and international courts and increased occasion for conflict. Such friction was evident in the recent decision in Loewen Group, Inc. v. United States, in which an arbitral panel constituted under the North American Free Trade Agreement found …


Una Mirada Adentro De La Republica Dominicana Despues De La Reforma Constitucional De 1994: Un Cambio Beneficioso, Ingrid Suarez Jan 2003

Una Mirada Adentro De La Republica Dominicana Despues De La Reforma Constitucional De 1994: Un Cambio Beneficioso, Ingrid Suarez

ILSA Journal of International & Comparative Law

Un Presidente estaba por encima de la ley. Una Legislatura pasarfa cualquier ley sin pensar en el impacto sobre sus ciudadanos.


The International Trial Of Slobodan Milosevic: Real Justice Or Realpolitik?, Michael P. Scharf Jan 2002

The International Trial Of Slobodan Milosevic: Real Justice Or Realpolitik?, Michael P. Scharf

ILSA Journal of International & Comparative Law

There were disquieting echoes of Nuremberg at the arraignment of Slobodan Milosevic in The Hague on July 3, 2001.


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.'


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.


Changing Hearts And Minds: The Domestic Influence Of International Tribunals, Belinda Cooper Jan 2000

Changing Hearts And Minds: The Domestic Influence Of International Tribunals, Belinda Cooper

ILSA Journal of International & Comparative Law

I have been observing events in Kosovo as someone interested not only in international tribunals, but also in German history, and especially in the way in which Germany has dealt with the legacies of World War I and the Holocaust.


Pinochet And International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith Jun 1999

Pinochet And International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith

Michigan Law Review

The British House of Lords recently considered whether Augusto Pinochet was subject to arrest and possible extradition to Spain for alleged acts of torture and other egregious conduct carried out during his reign as Chile's head of state. The Law Lords held that a large majority of the charges against Pinochet were not proper grounds for extradition under British law. They also held, however, that Pinochet could potentially be extradited for alleged acts of torture committed after Britain's 1988 ratifica· tion of the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. In reaching this latter conclusion, …


Lessons From The Akayesu Judgement, Jose E. Alvarez Jan 1999

Lessons From The Akayesu Judgement, Jose E. Alvarez

ILSA Journal of International & Comparative Law

The judgment issued on September 2, 1998 by the International Criminal Tribunal for Rwanda (hereinafter ICTR) finding Jean-Paul Akayesu guilty on various charges of genocide and crimes against humanity is likely to please those who have long struggled for the progressive development and effective enforcement of international criminal law.


An Analysis Of The Jurisdiction Of The International Criminal Tribunal For War Crimes In The Former Yugoslavia, Joshua M. Koran Jan 1998

An Analysis Of The Jurisdiction Of The International Criminal Tribunal For War Crimes In The Former Yugoslavia, Joshua M. Koran

ILSA Journal of International & Comparative Law

It is important not to confuse criminality with jurisdiction.' The term criminality is usually associated with the legislative authority to proscribe conduct.


Comments In The International Law Association Panel On The Yugoslav Tribunal: November 13, 1998, Theodor Meron Jan 1998

Comments In The International Law Association Panel On The Yugoslav Tribunal: November 13, 1998, Theodor Meron

ILSA Journal of International & Comparative Law

I have been asked to assess briefly the track record of the Yugoslav tribunal. I would like to mention three aspects: the tribunal as an institution; the tribunal as a court of law; and, finally, the contribution of the tribunal to deterrence of crimes and to reconciliation between the peoples of the region.


Trial Of The Century? Assessing The Case Of Dusko Tadic Before The International Criminal Tribunal For The Former Yugoslavia, Mark S. Zaid Jan 1997

Trial Of The Century? Assessing The Case Of Dusko Tadic Before The International Criminal Tribunal For The Former Yugoslavia, Mark S. Zaid

ILSA Journal of International & Comparative Law

It is more than bitter irony that nearly fifty years to the day after the International Military Tribunal in Nuremberg rendered its judgment, we are here today analyzing the first international war crimes trial held since the end of World War II.


An Assessment Of The Yugoslavia War Crimes Tribunal, Michael P. Scharf Jan 1996

An Assessment Of The Yugoslavia War Crimes Tribunal, Michael P. Scharf

ILSA Journal of International & Comparative Law

In May 1993, in response to the "ethnic cleansing" of some 250,000 Muslims in the former Yugoslavia, the Security Council adopted a resolution establishing the Yugoslavia Tribunal; in September 1993, the General Assembly elected the Tribunal's judges; and in July 1994, the Security Council appointed its Prosecutor.