Digital Commons Network^™

Translating International And Regional Trafficking Norms Into Domestic Reality: A Hong Kong Case Study, Robyn Emerton

Buffalo Human Rights Law Review

No abstract provided.

The Rise Of Managerial Judging In International Criminal Law, Maximo Langer

ExpressO

Abstract This article puts the procedure of the International Criminal Tribunal for the former Yugoslavia (ICTY) in a completely new and previously unexplored light. Rejecting the predominant view of ICTY procedure as a hybrid between the adversarial system of the U.S. and the inquisitorial system of civil law jurisdictions, this article shows that ICTY procedure is best described through a third procedural model that does not fit in either of the two traditional systems. This third procedural model is close to the managerial judging system that has been adopted in U.S. civil procedure. The article then explores some of the …

Assessing Human Rights In China: Why The Double Standard?, Randall P. Peerenboom

ExpressO

No abstract provided.

International Legal Compliance: Surveying The Discipline, William C. Bradford

ExpressO

No abstract provided.

The International Criminal Court And The Concept Of Mens Rea In International Criminal Law, Johan D. Van Der Vyver

University of Miami International and Comparative Law Review

No abstract provided.

The Parameters Of Internal Armed Conflict In International Humanitarian Law, Anthony Cullen

University of Miami International and Comparative Law Review

No abstract provided.

Partition Of Failed States: Impediments And Impulses, Thomas D. Grant

Indiana Journal of Global Legal Studies

No abstract provided.

The Right To A Fair Trial: Balancing Safety And Civil Liberties, Ana D. Bostan

Cardozo Journal of International and Comparative Law

The article argues that the right to a fair trial, as enshrined in the International Covenant on Civil and Political Rights (ICCPR), is non-derogable even in emergency situations, and that post-9/11 measures such as the U.S. military commissions and the U.K.'s anti-terrorism laws violate these standards. It contends that the existing ICCPR framework is sufficient to address terrorism while preserving human rights and that derogation from fair trial guarantees undermines the rule of law and international cooperation.

Democratic Responses To Terrorism: A Comparative Study Of The United States, Israel And India, Arunabha Bhoumik

ExpressO

This paper compares counter-terrorist policies in the United States, Israel and India through the lens of three models of counter-terrorist policies: the war model, the intelligence model, and the criminal justice model. After describing each model, the paper introduces different variables that are relevant in understanding a country’s counter-terrorist policies. Using these variables, the paper attempts to analyze and classify each country’s counter-terrorist policies.

“Which One Of You Did It?” Criminal Liability For “Causing Or Allowing” The Death Of A Child, Lissa Griffin

ExpressO

No abstract provided.

The Roadmap For Failure: Israeli And Palestinian Discountenance And Misunderstanding, John J. Marciano

ExpressO

As tensions rise with the assassination of key Hamas figures, the situation in Israel and the Occupied Territories call out for committed, reasoned action. In the past, the peace process has consisted of half-hearted attempts to pacify both the Israeli and Palestinian populaces. This is exemplified by the recent Roadmap for peace, which was supported by the United States.

However, the lack of true dedication among the players has arguably resulted in crimes against humanity on both sides. The previous peace plans fail to recognize this, and have perpetuated the violence with cookie-cutter approaches that are not closely tailored to …

Human Rights Approaches Of Corruption Control Mechanisms - Enhancing The Hong Kong Experience Of Corruption Prevention Strategies, C. Raj Kumar

San Diego International Law Journal

This Article is intended to make a case for promoting transparency in governance policies from a human rights perspective so as to argue for the development of a human right to good governance in Hong Kong. Secondly, it analyzes the work of the Independent Commission against Corruption (ICAC) in Hong Kong and addresses certain concerns in improving the efficiency of the ICAC. Thirdly, it argues that rights against corruption in Hong Kong should move beyond a law enforcement and public policy issue and attain the status of a human right. Fourthly, this Article examines the growth and development of international …

Charterwithout Borders? The Supreme Court Of Canada, Transnational Crime And Constitutional Rights And Freedoms, Robert J. Currie

Dalhousie Law Journal

The first decades of the Supreme Court of Canada's Charter jurisprudence have coincided roughly with an increase in the extent to which Canada is affected by transnational crime and the nation s consequential participation in inter-state efforts to combat it. The Court itself has remarked on its discrete "jurisprudence on matters involving Canada's international co-operation in criminal investigations and prosecutions." This article examines the Court s adoption of a different approach to Charter analysis in cases involving transnational elements and surveys where the Court has "drawn the line" in terms of Charter application. By way of analyzing jurisprudence on exclusion …

The New Japanese Law Schools: Putting The Professional Into Legal Education, James Maxeiner, Keiichi Yamanaka

All Faculty Scholarship

In April 2004, more than sixty law schools began operation in Japan. Legal education, previously treated as a combination of undergraduate education in law and extra-university training in professional skills, will now be concentrated in new professional law schools. The reforms of Japanese legal education are intended both to produce more attorneys in a nation that has a shortage of legally trained professionals, and to help increase the role of law in Japanese society generally.

In order for Japan's new Jaw schools to achieve their educational objectives, they must successfully address a host of conceptual, pedagogical and organizational challenges. Foremost …

Models Wanted: The Search For An Effective Response To Human Trafficking, Elizabeth M. Bruch

Law Faculty Publications

No abstract provided.

'Lesser Evils' In The War On Terrorism, Mark A. Drumbl

Scholarly Articles

No abstract provided.

Rights, Culture, And Crime: The Role Of Rule Of Law For The Women Of Afghanistan, Mark A. Drumbl

Scholarly Articles

This Article explores the role of rule of law in redressing crimes and human rights abuses committed against the women of Afghanistan. Mainstream discourse approaches the situation binarily, obliging women to choose between international and often distant human rights, on the one hand, or proximate cultural/religious norms, on the other, in order to adjudicate gender crimes. This can lead either to externalized justice or, in the case of the implementation of Afghan local law, to renewed victimization of women in the name of redressing abuses suffered by other women. Local law in Afghanistan is reflected in codes such as the …

Technology In A War Crimes Tribunal: Recent Experience At The Icty, David Pimentel

Articles

No abstract provided.

Fatal Broadside: The Demise Of Caribbean Offshore Financial Confidentiality Post Usa Patriot Act, G. Scott Dowling

Global Business & Development Law Journal

No abstract provided.

Foreword: Terrorism On Trial, Michael P. Scharf, Amy E. Miller

Faculty Publications

While the Lockerbie approach is currently out of vogue, are there nonetheless lessons from Lockerbie that policy makers can draw on in determining how to best use law as a weapon against terrorism in the future? To explore this important and timely question, the Frederick K. Cox International Law Center assembled a group of high level United Nations officers, former U.S. government officials, noted prosecutors and defense counsel, and prominent journalists and scholars for a day-long symposium at Case Western Reserve University School of Law on October 8, 2004, entitled "Terrorism on Trial." The conference, which was cosponsored by the …

Re-Characterizing Abortion In Nigeria: An Appraisal Of The Necessity Test, Victor Nnamdi Opara

ILSA Journal of International & Comparative Law

The Nigerian criminal jurisprudence prohibits abortion in all instances except when necessary to save the life of a woman.

American And Caribben Law Initiative 2004 Summer Conference Overview, Jane E. Cross

ILSA Journal of International & Comparative Law

In Ocho Rios, on July 23-24, 2004, the American and Caribbean Law Initiative ("ACLI")' held a conference entitled "Caribbean Market Forces: Emerging Trends in International and Comparative Law."

The Kingdom Of Arkam, Anneliese Fleckenstein, David Rodrigues, Ricardo Chirinos, Carolos Bacalao, Federica Paddeul

ILSA Journal of International & Comparative Law

The Kingdom of Arkam and the State of Randolfia have submitted, by Special Agreement, their differences concerning the Rome Statute, and transmitted a copy thereof to the Registrar of the Court pursuant to Article 40(1) of the Statute.

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

ILSA Journal of International & Comparative Law

In Ocho Rios, on July 23-24, 2004, the American and Caribbean Law Initiative ("ACLI")' held a conference entitled "Caribbean Market Forces: Emerging Trends in International and Comparative Law."

Protocol To Prevent, Suppress And Punish Trafficking In Persons-A New Approach, Elizabeth F. Defeis

ILSA Journal of International & Comparative Law

Trafficking in persons, the illegal and highly profitable recruitment, transport, or sale of human beings into all forms of forced labor and servitude is a tragic and complex human rights abuse.

Foreword: Terrorism On Trial, Michael P. Scharf, Amy E. Miller

Case Western Reserve Journal of International Law

No abstract provided.

The Effect Of The Usa Patroit Act On The Money Laundering And Currency Transaction Laws, Elwood Earl Sanders Jr., George Edward Sanders

Richmond Journal of Global Law & Business

No abstract provided.

Command Responsibility: A Call To Realign Doctrine With Principles, Arthur Thomas O'Reilly

American University International Law Review

No abstract provided.

Leaving Wonderland: Distinguishing Terrorism From Other Types Of Crime, Jonathan Leiken

Case Western Reserve Journal of International Law

No abstract provided.

Toward Reconciliation In The Middle East: A Framework For Christian-Muslim Dialogue Using Natural Law Tradition, Russell Powell

Loyola University Chicago International Law Review

No abstract provided.