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International Law

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Customary International Law Acts As Federal Common Law In U.S. Courts, F. Giba-Matthews Jan 1996

Customary International Law Acts As Federal Common Law In U.S. Courts, F. Giba-Matthews

Fordham International Law Journal

This Note discusses how international common law should act as federal common law in U.S. courts. This Note also explores the constitutional challenges involved in incorporating customary international law into U.S. federal common law. Such challenges revolve around the institutions of representative democracy, federal jurisdiction, and the doctrine of separation of powers. Part I of this Note discusses federal common law and customary international law. Part II of this Note presents the negative and positive effects of incorporating customary international law into federal common law. This Note concludes that to preserve national honor among the community of nations, and to …

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Using International Human Rights Law And Machinery In Defending Borderless Crime Cases, Richard J. Wilson Jan 1996

Using International Human Rights Law And Machinery In Defending Borderless Crime Cases, Richard J. Wilson

Fordham International Law Journal

This Essay focuses on four areas of international human rights law. The first area, the protection of attorneys' fees from forfeiture, is an issue of great concern in the United States, given the state of the law there. The next area, the application of the death penalty in international law, will also include arguments about the "death row phenomenon." The third area addressed is the use of international human rights law to overcome the rule of non-inquiry in extradition matters, a rule by which the judicial authority reviewing the propriety of extradition is barred from inquiry into the fairness of …

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The North American Free Trade Agreement: Reasons For Passage And Requirements To Be A Foreign Legal Consultant In A Nafta Country, Michael J. Chrusch Jan 1996

The North American Free Trade Agreement: Reasons For Passage And Requirements To Be A Foreign Legal Consultant In A Nafta Country, Michael J. Chrusch

ILSA Journal of International & Comparative Law

Under a global economy, countries around the world trade with each other. International trade is essential to achieving a global economy. As the world moves toward a global economy, the need for international trade of goods and services is increasing. Numerous agreements between countries have been passed to facilitate international trade

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A Comparative Study Of The Jewish And The United States Constitutional Law Of Capital Punishment, Steven Davidoff Jan 1996

A Comparative Study Of The Jewish And The United States Constitutional Law Of Capital Punishment, Steven Davidoff

ILSA Journal of International & Comparative Law

The Jewish view on the death penalty is that it should exist but it should never be used .... [lI]t is Governor Pataki's job to ensure :order. But he must remember that as a leader he must exhibit attributes of both the father and the mother. Governor Pataki is a nice man. But if he acts on the death penalty, he will be the leader of a bloody government

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Establishing An International Criminal Court: Will It Do Justice?, Nancy E. Guffey-Landers Jan 1996

Establishing An International Criminal Court: Will It Do Justice?, Nancy E. Guffey-Landers

Maryland Journal of International Law

No abstract provided.

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It's Not A Cultural Thing: Disparate Domestic Enforcement Of International Criminal Procedure Standards--A Comparison Of The United States And Egypt, Sohail Mered Jan 1996

It's Not A Cultural Thing: Disparate Domestic Enforcement Of International Criminal Procedure Standards--A Comparison Of The United States And Egypt, Sohail Mered

Case Western Reserve Journal of International Law

No abstract provided.

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The World Bank, The Imf, And Human Rights, Daniel D. Bradlow Jan 1996

The World Bank, The Imf, And Human Rights, Daniel D. Bradlow

Scholarly Articles in Law Reviews & Journals

This paper explores the type of human rights obligations of the World Bank and the IMF. It argues that their human rights obligations can be divided into two sets of issues. First is operational issues, which relate to both the promotion and protection of human rights. Second is institutional issues, which deal with the internal rules and procedures of the World Bank and the IMF. The paper concludes that these organizations need to develop a coherent and explicit human rights policy.

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Proposed Guidelines For Measuring The Propriety Of Armed State Responses To Terrorist Attacks, Sage R. Knauft Jan 1996

Proposed Guidelines For Measuring The Propriety Of Armed State Responses To Terrorist Attacks, Sage R. Knauft

UC Law SF International Law Review

Transnational terrorism, politically motivated violence that crosses national boundaries, is a tangible threat to world peace and stability. Terrorists, often acting with the support of other states, have managed to organize themselves into transnational networks capable of striking almost any target in the world. Against this backdrop, Israel and the United States, two high profile targets of terrorist activity, have forwarded a justification for forcible state responses to these attacks. This argument, largely condemned by the international community, equates state-supported terrorist attacks with "armed attacks" which trigger a state's right to forcible self-defense under Article 51 of the United Nations …

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Is The Law Of War Really Law? War And Law Since 1945, Alfred P. Rubin Jan 1996

Is The Law Of War Really Law? War And Law Since 1945, Alfred P. Rubin

Michigan Journal of International Law

Review of Law and War Since 1945 by Geoffrey Best

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Creating An International Criminal Court: Confronting The Conflicting Criminal Procedures Of Iran And The United States, Rose Marie Karadsheh Jan 1996

Creating An International Criminal Court: Confronting The Conflicting Criminal Procedures Of Iran And The United States, Rose Marie Karadsheh

Penn State International Law Review (1982 - 2011)

No abstract provided.

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The 1994 I.L.C. Draft Statute For An International Criminal Court: A Principled Appraisal Of Jurisdictional Structure, Bradley E. Berg Jan 1996

The 1994 I.L.C. Draft Statute For An International Criminal Court: A Principled Appraisal Of Jurisdictional Structure, Bradley E. Berg

Case Western Reserve Journal of International Law

No abstract provided.

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The Victim-Plaintiff In Criminal Trials And Civil Law Responses To Sexual Violence, Alexandra Goy Jan 1996

The Victim-Plaintiff In Criminal Trials And Civil Law Responses To Sexual Violence, Alexandra Goy

Cardozo Journal of Equal Rights & Social Justice

The article examines the role of the victim-plaintiff in German criminal trials, particularly in cases involving sexual violence. It highlights the unique procedural rights granted to victim-plaintiffs, such as the ability to participate actively in trials and present evidence. However, the analysis reveals significant practical and systemic barriers that limit the effectiveness of this institution, including restrictive evidentiary rules, financial challenges, and gender biases within the judiciary. The article argues that while the victim-plaintiff institution offers opportunities for victims to seek justice, its impact is undermined by these obstacles, raising concerns about the protection of sexual autonomy and gender equality …

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Twenty Years Of The Fordham International Law Journal, Joseph C. Sweeney Jan 1996

Twenty Years Of The Fordham International Law Journal, Joseph C. Sweeney

Fordham International Law Journal

This Introduction discusses the twenty year history of the Fordham International Law Journal.

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Controlling Corruption Through Collective Means: Advocating The Inter-American Convention Against Corruption, Robert H. Sutton Jan 1996

Controlling Corruption Through Collective Means: Advocating The Inter-American Convention Against Corruption, Robert H. Sutton

Fordham International Law Journal

This Note argues that the Convention offers the most effective approach to combating corruption and that all states should sign and ratify it. Part I discusses corruption, explains its history and its harmful effects, and describes international organizations whose purposes and principles are directly opposed to the harm corruption is capable of perpetrating. Part II presents existing approaches to combating corruption. Part III argues that all states should adopt the OAS approach. This Note concludes that states can best combat corruption through the OAS approach because it offers the most comprehensive and, therefore, the most effective of the existing solutions.

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Gaps In Gender-Based Violence Jurisprudence Of International And Hybrid Criminal Courts: Can Human Rights Law Help, Susana Sacouto Jan 1996

Gaps In Gender-Based Violence Jurisprudence Of International And Hybrid Criminal Courts: Can Human Rights Law Help, Susana Sacouto

Contributions to Books

Great progress has been made over the last two decades in the investigation and prosecution of sexual and gender-based violence, in particular by the ad-hoc International Criminal Tribunals for the Former Yugoslavia (ICTY) and Rwanda (ICTR). Yet the practice and jurisprudence of these tribunals makes clear that significant challenges remain, including inconsistency in how to understand – and therefore how to prove and adequately link to higher level perpetrators – crimes of sexual violence committed in the context of conflict, mass violence or repression. This chapter examines these challenges and explores whether human rights law, particularly the requirement that access …

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Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus Jan 1996

Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus

Faculty Publications

No abstract provided.

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Lessons From The Americas: Guidelines For International Response To Amnesties For Atrocities, Douglass Cassel Jan 1996

Lessons From The Americas: Guidelines For International Response To Amnesties For Atrocities, Douglass Cassel

Journal Articles

Amnesty guidelines modeled on international law as defined by Latin American tribunals and treaties should be adopted and used by the United Nations, the Organization of American States, and national governments involved in remedying human rights violations. The 10 guidelines are stringent and would rarely result in the granting of amnesty. They may better serve their function than treaties or customary laws be cause they are guidelines and not mandatory.

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Global Trends In Securities Regulation: The Changing Legal Climate, Dr. Barry A.K. Rider May 1995

Global Trends In Securities Regulation: The Changing Legal Climate, Dr. Barry A.K. Rider

Penn State International Law Review (1982 - 2011)

No abstract provided.

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United States-Mexico Income Tax Treaty: Relief From Double Taxation, The, Christian A. Ameri Jan 1995

United States-Mexico Income Tax Treaty: Relief From Double Taxation, The, Christian A. Ameri

Global Business & Development Law Journal

No abstract provided.

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United States-Mexico Income Tax Treaty: Relief From Double Taxation, The, Christian A. Ameri Jan 1995

United States-Mexico Income Tax Treaty: Relief From Double Taxation, The, Christian A. Ameri

Global Business & Development Law Journal

No abstract provided.

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The Cultural Life Of Things: Anthropological Approaches To Law And Society In Conditions Of Globalization, Rosemary J. Coombe Jan 1995

The Cultural Life Of Things: Anthropological Approaches To Law And Society In Conditions Of Globalization, Rosemary J. Coombe

American University International Law Review

No abstract provided.

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The Caning Of Michael Fay: Can Singapore's Punishment Withstand The Scrutiny Of International Law?, Firouzeh Bahrampour Jan 1995

The Caning Of Michael Fay: Can Singapore's Punishment Withstand The Scrutiny Of International Law?, Firouzeh Bahrampour

American University International Law Review

No abstract provided.

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Partners Against Crime: Joint Prosecutions Of Israeli Organized Crime Figures By U.S. And Israeli Authorities, Abraham Abramovsky Jan 1995

Partners Against Crime: Joint Prosecutions Of Israeli Organized Crime Figures By U.S. And Israeli Authorities, Abraham Abramovsky

Fordham International Law Journal

This article discusses the criminal case of Israel v. Mizrahi and Reisch, which is the largest joint prosecution—between U.S. and Israeli law enforcement authorities—ever undertaken against Israeli organized crime figures for acts committed outside Israel’s borders.

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Geraldine Van Bueren, The International Law On The Rights Of The Child, Roger J.R. Levesque Jan 1995

Geraldine Van Bueren, The International Law On The Rights Of The Child, Roger J.R. Levesque

Fordham International Law Journal

This review critiques "The International Law on the Rights of the Child" by Professor Van Bueren.

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Geraldine Van Bueren, The International Law On The Rights Of The Child, Roger J.R. Levesque Jan 1995

Geraldine Van Bueren, The International Law On The Rights Of The Child, Roger J.R. Levesque

Fordham International Law Journal

Simply stated, the international children's rights movement asks individual governments to take children's interests seriously when enacting laws for them. In order to enact policies that take children's interests seriously, all laws must be evaluated and examined from the child's point of view. An examination of the current international children's rights movement from the child's point of view, however, reveals considerable schisms between international principles and the state of the world's children. Professor Van Bueren directly examines the complex issues involved in defining and understanding children's rights. Her analysis of formal international law relating to the rights of the child …

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United Nations Justice Or Military Justice: Which Is The Oxymoron? An Analysis Of The Rules Of Procedure And Evidence Of The International Tribunal For The Former Yugoslavia, Joseph L. Falvey, Jr. Jan 1995

United Nations Justice Or Military Justice: Which Is The Oxymoron? An Analysis Of The Rules Of Procedure And Evidence Of The International Tribunal For The Former Yugoslavia, Joseph L. Falvey, Jr.

Fordham International Law Journal

This Article compares the protections and rights provided an accused before the Tribunal with those protections and rights provided an accused before U.S. courts-martial. Part I provides an overview of the statute creating the Tribunal and identifies the general principles the statute appears to advance. Part II analyzes the Tribunal's procedural and evidentiary rules, compares these rules to the analogous military rules, and discusses how well the Tribunal rules comport with the general principles advanced by the statute. This Article concludes that the Tribunal rules, although fundamentally sound, are not as protective of the individual rights of the accused as …

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Constructing A Hemispheric Initiative Against Transnational Crime, Bruce Zagaris Jan 1995

Constructing A Hemispheric Initiative Against Transnational Crime, Bruce Zagaris

Fordham International Law Journal

This Essay first reviews the recent initiatives on fighting international crime and then suggests the need for a regional initiative on international criminal cooperation and criminal justice. The Author makes the proposal almost ten years after suggesting the establishment of the Inter-American Drug Abuse Control Commission (“CICAD”), whose creation was suggested as the precursor to a more comprehensive Americas Committee on Crime Problems.

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Individual Versus Society: The Cultural Dynamics Of Criminalizing Suicide, Benjamin P. Fay Jan 1995

Individual Versus Society: The Cultural Dynamics Of Criminalizing Suicide, Benjamin P. Fay

UC Law SF International Law Review

Various societies try to deal with the problem of suicide by criminalizing assisted suicide, attempted suicide, and sometimes even suicide itself. In the United States, suicide and attempted suicide are generally no longer criminalized. However, many states are grappling with the question of whether to criminalize assisted suicide. This Note examines suicide laws in two very different cultures, England and India, in order to determine whether there is a common lesson to be learned. The author concludes that the resolution of the question of whether to criminalize suicide or attempted suicide involves weighing the individual's interest in self-determination against the …

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Foreign Private Investment In Palestine: An Analysis Of The Law On The Encouragement Of Investment In Palestine, David P. Fidler Jan 1995

Foreign Private Investment In Palestine: An Analysis Of The Law On The Encouragement Of Investment In Palestine, David P. Fidler

Fordham International Law Journal

This Article analyzes the Investment Law and its prospects for encouraging foreign businesses to invest in Gaza and the West Bank (collectively, "Palestinian Territories").

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Europol: The Culmination Of The European Union's International Police Cooperation Efforts, Francis R. Monaco Jan 1995

Europol: The Culmination Of The European Union's International Police Cooperation Efforts, Francis R. Monaco

Fordham International Law Journal

This Comments argues that the Europol Convention will be an effective and workable mechanism for countering international crime within the European Union, and therefore should be ratified by Member States. Part I discusses the theoretical basis for international police cooperation, and analyzes the agreements and initiatives among EU Member States which predate Europol. Part II examines the obstacles that have delayed the completion of the Europol Convention, as well as the particular aspets of the Convention that may delay or prevent its ratification. Part III argues that existing EU Member States' agreements permit Europol to contribute substantially to EU police …

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