International Law Commons^™

Economic Harm As A Basis For Refugee Status And The Application Of Human Rights Law To The Interpretation Of Economic Persecution, Kate Jastram

Kate Jastram

No abstract provided.

Collective Discursive Democracy And International Law Personality For Transnational Enterprises, Russell Miller

Russell A. Miller

No abstract provided.

Nuclear Containment For The Twenty-First Century; A Mandatory Nuclear Forensics Data Bank, Jack Garvey

Jack I Garvey

This article is a response to the challenge of nuclear non-proliferation for the 21st century. It describes the new landscape of nuclear risk and explains the role that the extraordinary developments in nuclear forensics science can play in generating an expansive deterrence to improve nuclear security by governments, and diminish the nuclear risk presented by terrorists and other non-state actors. Exploring the potential of nuclear forensics science, it provides the analysis to understand why that potential is not being realized. The article then proposes, as a practical and achievable foundation for a new and expansive deterrence, the establishment of an …

Jurisdiction And Internet In Relation To Commercial Law Disputes In A European Context, Ulf Maunsbach, Patrik Lindskoug

Ulf Maunsbach

No abstract provided.

Use Of Statements Of Witnesses And Accused: Commentary, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.

The Post-9/11 Discourse Revisited: The Self-Image Of The International Legal Scientific Discipline, Ulf Linderfalk

Ulf Linderfalk

A few years ago, the legality of Operation Enduring Freedom (OEF) was a topic much discussed in the international legal literature. This article approaches the problem from a new angle. Rather than investigating the relevant issue of legal substance – whether or not OEF was ever consistent with international law – the article focuses attention on the general scholarly performance in dealing with this issue. Scrutinizing the literature published immediately following upon the events of 11 September 2001, the author suggests that overall, the scholarly debate on the legality of OEF did not live up to the standards normally applied …

Symposium: Perspectives On Fundamental Rights In South Asia, Anil Kalhan

Anil Kalhan

This symposium issue of the Drexel Law Review marks the anticipated launch of a proposed new section on Law and South Asian Studies of the Association of American Law Schools, including several contributions that were initially presented during a session of the proposed section at AALS Annual Meeting for 2010. The proposed AALS section comes at a moment of heightened interest in the region among lawyers, policymakers, and the public at large in the United States, and is part of a rapidly growing constellation of scholarly initiatives on law in South Asia that have emerged internationally in recent years. In …

Moving Beyond The Tragedy Of The Global Commons: The Grotian Legacy And The Future Of Sustainable Management Of The Biodiversity Of The High Seas, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.

A Dark Descent Into Reality: Making The Case For An Objective Definition Of Torture, Michael W. Lewis

Michael W. Lewis

The definition of torture is broken. The malleability of the term “severe pain or suffering” at the heart of the definition has created a situation in which the world agrees on the words but cannot agree on their meaning. The “I know it when I see it” nature of the discussion of torture makes it clear that the definition is largely left to the eye of the beholder. This is particularly problematic when international law’s reliance on self-enforcement is considered. After discussing current common misconceptions about intelligence gathering and coercion that are common to all sides of the torture debate, …

Statutes Undermine The Progress Made: The Criminalisation Of Positive Women, Aziza Ahmed, Beri Hull, Alice Welbourn, Emma Bell, Heidi Nass

Aziza Ahmed

Criminalisation laws have a specific and nuanced impact on women living with HIV. An understanding of the consequences of such laws will help positive women and other advocates to combat negative uses of such laws, and to frame and advocate for effective alternatives for HIV prevention. This article helps tease out some of the ways that criminalisation can negatively impact the lives of positive women in particular: the explicit sex discrimination in the laws, the gender bias in courtrooms, the impact on marginalised women, and the increase in stigma and discrimination through criminalisation laws.

Three Takes On Global Justice, Frank J. Garcia

Frank J. Garcia

No abstract provided.

Evaluating South Africa's Post-Apartheid Democratic Prospects Through The Lens Of Economic Development Theory, Jonathan Marshfield

Jonathan Marshfield

Perspectives On International Criminal Justice, M. Bassiouni

M. Cherif Bassiouni

No abstract provided.

Should There Be Remote Public Access To Court Filings In Immigration Cases?, Daniel Kanstroom, David Mccraw, Eleanor Acer, Elizabeth Cronin, Mark Walters

Daniel Kanstroom

No abstract provided.

Contracting For State Intervention, W. Mark C. Weidemaier

W. Mark C. Weidemaier

Svenskt Rättsligt Skydd Mot Säkerhetsrådets Beslut [Swedish Legal Protection Against Un Security Council Decisions], Vilhelm Persson

Vilhelm Persson

National authorities are sometimes expected to implement acts of the Security Council. This may cause questions concerning applicability of human rights regulation. On a regional level such questions have already been brought to the European Court of Human Rights and the European Court of Justice. On a national level, the Swedish fundamental laws are in principle applicable to all acts of Swedish authorities. Authorities should therefore set aside acts of the Security Council that are incompatible with rights protected by the fundamental laws. This is the case even when authorities act outside of Swedish territory. However, the fundamental laws were …

Winterthouhgts, Matilda Arvidsson

Matilda Arvidsson

No abstract provided.

Aking Prevention Seriously: Developing A Comprehensive Response To Child Trafficking And Sexual Exploitation, Jonathan Todres

Jonathan Todres

Millions of children are victims of trafficking and commercial sexual exploitation each year. Governments have responded with a range of measures, focusing primarily on seeking to prosecute perpetrators of these abuses and offering assistance to select victims. These efforts, while important, have done little to reduce the incidence of these forms of child exploitation. This Article asserts that a central reason why efforts to date may not be as effective as hoped is that governments have not oriented their approaches properly toward prioritizing prevention - the ultimate goal - and addressing these problems in a comprehensive and systematic manner. Instead, …

Officially Immune? A Response To Bradley And Goldsmith, Chimene I. Keitner

Chimene I Keitner

No abstract provided.

The Common Law Of Foreign Official Immunity, Chimene I. Keitner

Chimene I Keitner

No abstract provided.