South/North Exchange Of 2009 - The Constitutional Recognition Of Indigenous Peoples In Latin America,
2010
Max Planck Institute for Comparative Public Law and International Law
South/North Exchange Of 2009 - The Constitutional Recognition Of Indigenous Peoples In Latin America, Gonzalo Aguilar, Sandra Lafosse, Hugo Rojas, Rebecca Steward
Pace International Law Review Online Companion
No abstract provided.
Just Laws Versus Unjust Laws: Asserting The Morality Of Civil Disobedience,
2010
University of Helsinki
Just Laws Versus Unjust Laws: Asserting The Morality Of Civil Disobedience, Amin George Forji
Amin George Forji
How is a citizen living under a merciless totalitarianism such as the Nazi but opposed to its philosophies expected to respond to the law? Where does his primary obligation as a citizen reside? Is it to the laws of the land that command total submission or to his convictions by which he is convinced that the system is totally unjust? Does one have a moral obligation to always obey the law? Conversely, should one obey an unjust law? Obviously, such an individual like Antigone in ancient Greece is naturally torn between two loyalties. (Note 1)If he obeys the law, he …
Volume 29 - Issue 2: Table Of Contents,
2010
Penn State Law
Volume 29 - Issue 2: Table Of Contents
Penn State International Law Review
No abstract provided.
Jus Cogens As A Vision Of The International Legal Order,
2010
Penn State Law
Jus Cogens As A Vision Of The International Legal Order, Dr. Markus Petsche
Penn State International Law Review
No abstract provided.
Mr. Pendleton's Rainbows: On The Value Of Teaching Abroad,
2010
Penn State Law
Mr. Pendleton's Rainbows: On The Value Of Teaching Abroad, Kate E. Bloch
Penn State International Law Review
No abstract provided.
It's Not You, It's Me: An Analysis Of The United States' Failure To Uphold Its Commitment To Oecd Guidelines For Multination Enterprises In Spite Of No Other Reliable Alternatives,
2010
Penn State Law
It's Not You, It's Me: An Analysis Of The United States' Failure To Uphold Its Commitment To Oecd Guidelines For Multination Enterprises In Spite Of No Other Reliable Alternatives, Matthew H. Kita
Penn State International Law Review
No abstract provided.
Hold 'Em Or Fold 'Em: Gambling Laws In Asia,
2010
Penn State Law
Hold 'Em Or Fold 'Em: Gambling Laws In Asia, Adam Shapiro
Penn State International Law Review
No abstract provided.
Competition Policy And Consumer Protection Policy In Jordan,
2010
Penn State Law
Competition Policy And Consumer Protection Policy In Jordan, Hetham Hani Abu Karky
Penn State International Law Review
No abstract provided.
Should China Adopt Taiwan's Mandatory Share Doctrine?,
2010
Penn State Law
Should China Adopt Taiwan's Mandatory Share Doctrine?, Ya-Hui Hsu
Penn State International Law Review
No abstract provided.
If It Looks Like A Duck ... : Private
International Arbitral Bodies Are
Adjudicatory Tribunals Under
28 U.S.C. § 1782(A),
2010
Washington and Lee University School of Law
If It Looks Like A Duck ... : Private International Arbitral Bodies Are Adjudicatory Tribunals Under 28 U.S.C. § 1782(A), Brandon Hasbrouck
Washington and Lee Law Review
No abstract provided.
The Intelligibility Of Extralegal State Action: A General Lesson For Debates On Public Emergencies And Legality,
2010
Osgoode Hall Law School of York University
The Intelligibility Of Extralegal State Action: A General Lesson For Debates On Public Emergencies And Legality, François Tanguay-Renaud
Articles & Book Chapters
Some legal theorists deny that states can conceivably act extralegally in the sense of acting contrary to domestic law. This position finds its most robust articulation in the writings of Hans Kelsen and has more recently been taken up by David Dyzenhaus in the context of his work on emergencies and legality. This paper seeks to demystify their arguments and ultimately contend that we can intelligibly speak of the state as a legal wrongdoer or a legally unauthorized actor.
The Problem Of Parental Relocation: Closing
The Loophole In The Law Of International
Child Abduction,
2010
Washington and Lee University School of Law
The Problem Of Parental Relocation: Closing The Loophole In The Law Of International Child Abduction, Maryl Sattler
Washington and Lee Law Review
No abstract provided.
Comparative Law In An Age Of Globalization,
2010
Boston College Law School
Comparative Law In An Age Of Globalization, Frank Garcia
Frank J. Garcia
No abstract provided.
Contemporary Issues On Public International And Comparative Law: Essays In Honor Of Professor Dr. Christian Nwachukwu Okeke,
2010
Golden Gate University School of Law
Contemporary Issues On Public International And Comparative Law: Essays In Honor Of Professor Dr. Christian Nwachukwu Okeke, Arthur J. Gemmell
Annual Survey of International & Comparative Law
Contemporary Issues on Public International and Comparative Law: Essays in Honor of Professor Dr. Christian Nwachukwu Okeke is a Liber Amicorum in which writings by international law scholars from around the globe have been compiled to honor Prof. Christian Nwachukwu Okeke: scholar, law professor, mentor, father, and husband.
Chima Centus Nweze, Ed. Contemporary Issues On Public International And Comparative Law: Essays In Honor Of Professor Christian Nwachukwu Okeke,
2010
Golden Gate University School of Law
Chima Centus Nweze, Ed. Contemporary Issues On Public International And Comparative Law: Essays In Honor Of Professor Christian Nwachukwu Okeke, Sophie Clavier
Annual Survey of International & Comparative Law
No abstract provided.
Behind Closed Doors: "Autonomous Colonization" In Post United Nations Era - The Case For Western Sahara,
2010
Golden Gate University School of Law
Behind Closed Doors: "Autonomous Colonization" In Post United Nations Era - The Case For Western Sahara, Pamela Epstein
Annual Survey of International & Comparative Law
This paper's central objective is to highlight, through a critical assessment of the conflict, a compelling case for the independent State of Western Sahara. Part I provides a snapshot of the conflict from the time of Spanish colonial rule, paying particular attention to the International Court of Justice Advisory Opinion on Western Sahara, the Moroccan invasion and subsequent illegal occupation of Western Sahara, the U.N. attempted referendum under MINURSO, concluding with the most recent extension of the U.N. mandate. Part II articulates the argument for statehood by evaluating Western Sahara's claims under the binding authority of the 1933 Montevideo Convention …
The Classification Of Hezbollah In Both International And Non-International Armed Conflicts,
2010
Golden Gate University School of Law
The Classification Of Hezbollah In Both International And Non-International Armed Conflicts, Catherine Bloom
Annual Survey of International & Comparative Law
The 2006 conflict between Hezbollah and Israel questions an important, yet unclear part of international humanitarian law. Specifically, what would Hezbollah' s legal classification be if another armed conflict were to arise between Israel and Lebanon? Would Hezbollah be considered a State or non-State actor? If Hezbollah is a non-State actor, would the group be considered "guerrillas"? Would the term "mercenary" be a better fit? In attempting to answer some of these questions, we must first look at what exactly occurred between Israel and Lebanon in the summer of 2006. Second, we must understand who Hezbollah is and how the …
The New African Law: Beyond The Difference Between Common Law And Civil Law,
2010
Golden Gate University School of Law
The New African Law: Beyond The Difference Between Common Law And Civil Law, Salvatore Mancuso
Annual Survey of International & Comparative Law
The current investments into African countries are limited as a result of the judicial and juridical insecurity. As such, there is a strong need to rebuild the respective legal systems in order to enhance investors' reliance and to further attract foreign investment. The idea of the unification of African laws has been considered as the only solution to eliminate obstacles to development amounting from the judicial differences among the varying African nations. Such a change would give the countries joining the process of regional integration the opportunity to assert their interests in a stronger and more confident manner within the …
Contrasting Franco-American Perspectives On Sovereignty,
2010
Golden Gate University School of Law
Contrasting Franco-American Perspectives On Sovereignty, Sophie Clavier
Annual Survey of International & Comparative Law
The findings of this paper augment Keohane's argument that sovereignty is a useful "conceptual lens" in the study of International Relations and that understanding divergent conceptions of sovereignty in Europe and in the United States is crucial to shedding light on the formulation of their respective policies. Indeed, the first goal of this paper is to expand on Keohane's premise and to address how France and the United States understand sovereignty. The second goal is to argue that the current conflicting perspectives on sovereignty displayed by France and the United States are a departure from a historical pattern whereby, at …
Rule Of Law With Chinese Characteristics,
2010
Golden Gate University School of Law
Rule Of Law With Chinese Characteristics, Ignazio Castellucci
Annual Survey of International & Comparative Law
In this essay, I will discuss some peculiarities of socialist law, making some comparative references and reflections, mainly, but not only between the former USSR and the Chinese legal systems; I will then indicate possible lines of discussion or research on how the Chinese political and legal system is accommodating market-based legal institutions within its socialist frame, and how this will, in turn, contribute to shape a Chinese concept of the rule of law.
