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Agenda: A Cartography Of Governance: Exploring The Province Of Environmental Ngos, University Of Colorado Boulder. School Of Law, University Of Colorado Boulder. Environmental Program, University Of Tulsa. National Energy-Environment Law & Policy Institute, University Of Colorado Boulder. United Government Of Graduate Students

A Cartography of Governance: Exploring the Province of Environmental NGOs (April 7-8)

Presented by: the Colorado Journal of International Environmental Law and Policy on April 7 & 8, 2001. Symposium director: Lakshman D. Guruswamy.

Co-sponsored by: University of Colorado School of Law, University of Colorado Environmental Program, University of Tulsa National Energy-Environment Law and Policy Institute, University of Colorado United Government of Graduate Students.

The papers and edited proceedings of the conference will be published in a special symposium issue of the Colorado Journal of International Environmental Law & Policy (CJIELP).

"The first objective of the Symposium was to understand and explore the growing importance of nongovernmental actors, and delineate the manner …

Historical And Comparative Contexts For The Evolution Of Conflict Of Laws In Nigeria, Remigius N. Nwabueze

ILSA Journal of International & Comparative Law

Knowledge of the history of conflict of laws in Nigeria, the ideas behind its development, and the numerous problems that beset the application of its principles, is in itself the history of the socio-economic structure of the society, between feudalism and capitalism.

The World Court And The Bomb: Nuremberg And Babel At The Hague, Gaillard T. Hunt

ILSA Journal of International & Comparative Law

On July 8, 1996, the World Court, the International Court of Justice at the Hague, banned the bomb.

The Helms-Burton Act: The Final Piece To Bring Down The Tyrant's Regime, Franchesco Soto

ILSA Journal of International & Comparative Law

In 1960, President Dwight D. Eisenhower began what has become one of the longest standing economic embargoes this country has ever had against another country

Isla Journal Of International And Comparative Law, Ilsa Journal Of International & Comparative Law

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.

Isla Journal Of International And Comparative Law, Ilsa Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

Upon the inception of the new civilian administration on May 29' 2000, after almost twenty years of military rule, President Olusegun Obasanjo set up, inter alia, an eight-member Human Rights violation Investigation Commission.

American Lawyers And International Competence, Charlotte Ku, Christopher J. Borgen

Faculty Publications

Just over ten years ago, Germans tore down a wall that divided their country and the whole of Europe. Stepping through the hole in the Berlin Wall, they took the first steps towards the reunification of West and East Germany and the end of the Cold War. Today another wall is being torn down—that between purely domestic law and international law. Companies are engaged in international trade at ever increasing rates. Environmental degradation has proved to be a global problem that cannot be solved with uncoordinated local measures. Individuals worldwide are pressing their governments for the recognition of a common …

Law And International Relations: Introductory Remarks And Panel Discussion, Julian Knowles, Christopher J. Borgen, Arthur Rovine, William Paul, Carlos Manuel Vazquez

Faculty Publications

This panel was cosponsored by the American Society of International Law (ASIL). The ASIL was founded in 1906 by Secretary of State Elihu Root to inform and engage the public on issues of international law. It is a nonprofit, nonpartisan membership association and research institute dedicated to providing both information about international law in all its forms and a forum for debate and discussion. This panel was one such forum. It was organized under the auspices of the ASIL Judicial Outreach Program, chaired by Justice Sandra Day O'Connor. The Judicial Outreach Program provides information resources for federal and state judiciaries. …

Legal Trade In African Elephant Ivory: Buy Ivory To Save The Elephant?, Sam B. Edwards Iii

Animal Law Review

Trade in endangered species is a complicated issue. The trade in ivory creates tensions between western conservation-driven beliefs and developing countries' reliance on wildlife as a resource. This article examines the recent decision under the Convention on International Trade in Endangered Species (CITES) to conduct a one-time sale of ivory from Zimbabwe, Namibia, and Botswana to Japan. Since trade in endangered species involves many different disciplines, this paper touches on biology, international law, economics, and public policy. In theory, limited trade in African elephant ivory is possible and even advantageous for the various actors. However, in practice, the management controls …

A Step At A Time: New Zealand's Progress Toward Homonid Rights, Rowan Taylor

Animal Law Review

All members of the Homindae Family (humans, chimpanzees, bonobos, gorillas, and orangutans) share complex cognitive aptitudes not shared by most other animals. Yet only human hominids have legal rights to life and personal security. The campaign to win fundamental rights for all hominids took a small but significant step forward in 1999 when New Zealand's Animal Welfare Act banned the use of non-human hominids in research, testing, and teaching except where such uses are in the hominids' best interests. In preventing human interests from trumping non-human ones, the Act took a first step toward dismantling speciesism within the hominid family. …

Comparative Federalism And The Issue Of Commandeering, Daniel Halberstam

Book Chapters

Divided power systems, such as the United States, the European Union, and the Federal Republic of Germany, confront a common question: whether the central government may 'commandeer' its component States, that is, whether the central government may issue binding commands that force its component States to take regulatory action with respect to private parties. This chapter explores what may initially appear as a puzzling difference in the answers given. Whereas US constitutional jurisprudence currently prohibits commandeering, the founding charters of the EU and Germany permit such action. And all do so in the name of protecting the integrity and importance …

The Normative Framework Of International Humanitarian Law: Overlaps, Gaps, And Ambiguities, Cherif M. Bassiouni

International Law Studies

No abstract provided.

Isla Journal Of International And Comparative Law, Ilsa Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

As international commerce continues to increase in online volume, so to will disputes arising out of that online commerce.

New Zealand's Animal Welfare Act: What Is Its Value Regarding Non-Human Hominids?, Paula Brosnahan

Animal Law Review

New Zealand's Animal Welfare Act has been touted as a world first in great ape protection, and that may be true. However, it has also been depicted as an act conferring basic legal rights on great apes, and that is an exaggeration. Challenging the legal status of great apes in any jurisdiction requires sound, factual propositions. Therefore, the background and breadth of New Zealand's protections must be understood before proponents of change employ them as precedent. This essay offers a brief history of the non-human hominid provisions of New Zealand's Animal Welfare Act.

Animal Welfare Law In Canada And Europe, Elaine L. Hughes, Christiane Meyer

Animal Law Review

The idea that animals are entities that deserve protection, irrespective of their utility to man, is firmly grounded in the Enlightenment. The principle that a creature's need for considerate treatment did not depend on the possession of a soul or the ability to reason, but on the capacity to feel pain was formulated and debated at that time. The debate continues today-Canada is in the midst of examining its own ethical, philosophical and legal beliefs about animal welfare and cruelty. This article examines the current state of animal welfare and cruelty laws and recent attempts through federal legislation to modernize …

Throwing Caution To The Wind: The Global Bear Parts Trade, Adam M. Roberts, Nancy V. Perry

Animal Law Review

The exploitation of bears occurs in a myriad of forms. Bear baiting, abuse of bears in entertainment, habitat destruction, and the legal and illegal trade of bear parts all contribute to the decline of the bear. The market demand for bear gallbladders and bile is on the rise and is negatively impacting bear populations worldwide. Mounting evidence points to a systematic pattern of killing bears in the United States and Canada in order to satisfy the demand for bear parts in consuming nations, primarily Asian markets. The bear parts trade is international in scope and difficult to regulate and contain. …

Environmental Law In Third World Countries: Can It Be Enforced By Other Countries?, Pam Slater

ILSA Journal of International & Comparative Law

As Third World countries' develop into more industrialized countries, they face numerous problems relating to their social, economic and political development.

Changes In International Air Cargo: Montreal Protocol No. 4 Attains Force Of Law, Carl W. Christy Jr.

ILSA Journal of International & Comparative Law

On March 4, 1999, the handling of many international air cargo claims arising within the United States changed

Advances In Cross-Border Insolvency Cooperation: The Uncitral Model Law On Cross-Border Insolvency, Ronald J. Silverman

ILSA Journal of International & Comparative Law

International insolvencies have proliferated in the past decade, but the law of international insolvency has not kept pace.

Discovery In International Legal Developments Year In Review: 1998, Christopher J. Borgen

Faculty Publications

American procedure regarding international discovery stems from 28 U.S.C. §§ 1781-1783, and the Federal Rules of Civil Procedure, in particular Rule 28(b). The leading case on the topic of international discovery is the Supreme Court's decision in Société Nationale Industielle Aerospatiale v. United States District Court. Many later cases base their reasoning on interpretations of Aerospatiale. This article is a brief review of developments during the year.

Sovereignty, Compliance, And The World Trade Organization: Lessons From The History Of Supreme Court Review, Mark L. Movsesian

Faculty Publications

One of the World Trade Organization’s (WTO's) more remarkable and controversial innovations is its mechanism for resolving trade disputes among member states. Traditionally, states have resolved such disputes in "pragmatic" fashion, through negotiation and compromise informed by the relative power of the parties involved. But no longer: the WTO's Understanding on Rules and Procedures Governing the Settlement of Disputes (the DSU) provides that disputes between member states are to be resolved in adversary proceedings before impartial panels of experts." Under the DSU, panels have authority to decide whether members' laws violate international trade norms; panel decisions are essentially binding, though …

Index (Volume 72)

International Law Studies

No abstract provided.

With Law In Their Minds: Some Reflections On The Nature Of Public International Law At The Light Of Current Political Science Theory, Carlos Fernando Diaz

ILSA Journal of International & Comparative Law

The conclusion I came to during my time in the Foreign Office was that the old international order was neither a natural phenomenon to which humanity had simply adjusted its behaviour nor a fortuitous aggregation of countless past events of human interaction.

Technological Advances In Banking: A Move To A Global Economy, Cymonie Rowe

ILSA Journal of International & Comparative Law

Technology permeates every aspect of our society. From medicine to data processing and the banking industry, technology, while arguably an advancement, has the potential of breeding unexpected consequences. Technology has permeated the banking industry as well. The once

Ilsa Journal Of International & Comparative Law: International Practitioner's Notebook, Ilsa Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.

Discovery In International Legal Developments Year In Review: 1997, Christopher J. Borgen

Faculty Publications

U.S. law provides litigants with a variety of means to obtain evidence from foreign jurisdictions. The Federal Rules of Civil Procedure (the Federal Rules) and rules of state courts may be used if a U.S. court has jurisdiction over the person who is in control of the evidence in question. Section 1783 of tide 28 of the United States Code provides a means for serving a subpoena on U.S. nationals or residents abroad. Litigants may also obtain foreign discovery through letters rogatory as permitted by 28 U.S.C. § 1781 and treaties such as the Hague Convention on Taking Evidence (the …

The Wto Legal System: Sources Of Law, David Palmeter, Petros C. Mavroidis

Faculty Scholarship

Modern discussions of the sources of international law usually begin with a reference to Article 38 (1) of the Statute of the International Court of Justice (ICJ), which provides:

The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply:

1. international conventions, whether general or particular, establishing rules expressly recognized by the contesting states;
2. international custom as evidence of a general practice accepted as law;
3. the general principles of law recognized by civilized nations;
4. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly …

Low-Intensity Conflict And The Law, L. C. Green

ILSA Journal of International & Comparative Law

The term low-intensity conflict is relatively new in military and political language and is employed more or less synonymously with noninternational conflict, especially when such a conflict becomes of international concern.

Discovery In International Legal Developments Year In Review: 1996, Christopher J. Borgen

Faculty Publications

American procedure regarding international discovery stems from 28 U.S.C. §§ 1781-83, and Federal Rule of Civil Procedure (FRCP or Rule) 28(b). Broadly speaking, these rules are concerned with the mechanics of assessing requests for discovery in the United States to assist a proceeding in a foreign country and attempts by one or more parties before a U.S. court to obtain evidence located in another country. This article serves as a brief review of developments during the year.

Law In Development: On Tapping, Gourding, And Serving Palm-Wine, Maxwell O. Chibundu

Case Western Reserve Journal of International Law

No abstract provided.