Digital Commons Network^™

State Responsibility And Maritime Terrorism In The Strait Of Malacca: Persuading Indonesia And Malaysia To Take Additional Steps To Secure The Strait, Tammy M. Sittnick

Washington International Law Journal

The Strait of Malacca, located between Indonesia and Malaysia, and opening into the Pacific Ocean off the coast of Singapore, is not only one of the world's busiest and most vital waterways, but also a likely target for maritime terrorists. High levels of piracy and the presence of numerous regional terrorist organizations suggest the Strait is particularly vulnerable to a maritime terrorist attack. Such an attack would significantly disrupt international trade and could inflict billions of dollars in damage to the global economy. Primary responsibility for the security of the Strait lies with the coastal states of Indonesia, Malaysia, and …

Examining The Basis For Change In Clark County Non-Conforming Zone Change Process, Was It Needed?, Maria D. Kaseko

UNLV Theses, Dissertations, Professional Papers, and Capstones

This study reviews Clark County's non-conforming zone change process from 1990 to 2002. A non-conforming zone change, sometimes known as a non-conforming zone boundary amendment is a proposed request that is not within the range of residential densities and/or non-residential intensities indicated on the applicable land use plan map, master plan, or concept plan. This research explores and examines two questions raised by the Clark County's new implementation plan, which was approved in April 2003 to amend the non-conforming zone change process. 1) Clark County assumed there was a public perception that non-conforming zone changes were being approved without regard …

After El-Shifa: The Extraterritorial Availability Of The Takings Clause, Nathaniel Segal

Cardozo Journal of International and Comparative Law

The note examines the extraterritorial application of the Fifth Amendment's Takings Clause to foreign nationals, focusing on the case of El-Shifa Pharmaceutical Industries Co. v. U.S.. It argues that the Takings Clause should apply to alien-owned property abroad, emphasizing natural rights theory and the influence of John Locke on U.S. constitutional law. The analysis critiques the U.S. Court of Federal Claims' dismissal of Salah Idris's claim, which denied compensation for the destruction of his pharmaceutical plant in Sudan during a U.S. military strike. The author advocates for extending the clause's protections to foreign property owners, aligning U.S. law with …

Terrorism: The International Response Of The Courts (The Institute For Advanced Study Branigin Lecture), Michael D. Kirby

Indiana Journal of Global Legal Studies

The Institute for Advanced Study Branigin Lecture

Ipse Dixit At The I.C.J., Sean D. Murphy

GW Law Faculty Publications & Other Works

No abstract provided.

Copyright Norms And The Problem Of Private Censorship, Wendy J. Gordon

Faculty Scholarship

Copyright policy must resolve intelligently the tension between upstream and downstream creators, between incentives to create and incentives to use. Downstream at1thors who copy and transform others' images or words as an input to new creativity have. obvious free speech concerns. So do simple copiers in those many instances where even non-creative copying is essential for expressing one's ideas or allegiances.

Part of the tension is economic. Because virtually every author :needs access to predecessor texts, a legislature that increases copyright protection for ·today's creators simultaneously increases tomorrow's costs of creation ¹ or use. But the issue goes far beyond …

Collective Security With A Human Face: An International Legal Framework For Coordinated Action To Alleviate Violence And Poverty, Jennifer Moore

Faculty Scholarship

Part I of this article will explore some of the diverse theoretical and cultural roots of the human security concept set forth in the U.N. Charter, as well as the limited historical impact of the human security concept in global affairs since the United Nation's birth. Part II confronts the negative impact of the "War against Terrorism" on the war against poverty by linking recent developments in Iraq and the Great Lakes Region of Africa. Finally, Part III analyzes the international law arguments supporting a legal obligation to promote human security in the U.N. Charter, various human fights instruments, and …

Capitalism And Freedom — For Whom?: Feminist Legal Theory And Progressive Corporate Law, Kellye Y. Testy

Law and Contemporary Problems

Progressive corporate law has the potential to realign corporate activity and market economies with human benefit. The present state of disruption in the economy is a key moment: with disruption comes the opportunity for change.

Republic Of Kenya Report Of The Task Force On The Establishment Of A Truth, Justice And Reconciliation Commission, Makau Mutua

Buffalo Human Rights Law Review

No abstract provided.

Conflict Between State Legal Norms And Norms Underlying Popular Beliefs: Witchcraft In Africa As A Case Study, Mohammed A. Diwan

Duke Journal of Comparative & International Law

No abstract provided.

Universal Jurisdiction And The Concept Of A Fair Trial: Prosecutor V. Fulgence Niyonteze: A Swiss Military Tribunal Case Study, Joshua E. Kastenberg

University of Miami International and Comparative Law Review

No abstract provided.

Universal Jurisdiction And The Concept Of A Fair Trial Prosecutor V. Fulgence Niyonteze: A Swiss Military Tribunal Case Study, Joshua E. Kastenberg

Faculty Scholarship

It is the overall goal of this article to assess and evaluate concepts of universal jurisdiction and the interrelated right to a fair trial within the capsule of Prosecutor v. Niyonteze. This article analyzes the Niyonteze trial both within a framework of comparative law and against contemporary international law theories of universal jurisdiction and fair trial standards. In this article the term "due process" is subsumed into the larger concept of a fair trial. Likewise, a specific theory of universal jurisdiction is adopted. While universal jurisdiction and the right to a fair trial are often seen as exclusive areas, this …

Unh Law Alumni Magazine, Summer 2004, University Of New Hampshire School Of Law

UNH Law Alumni Magazine

No abstract provided.

Hong Kong Right Of Abode: Ng Siu Tung & (And) Others V. Director Of Immigration - Constitutional And Human Rights At The Mercy Of China, Teresa Martin

San Diego International Law Journal

This Comment argues that the Court's refusal to sidestep the Standing Committee's reinterpretation using either the Doctrine of Legitimate Expectation, or the judgments previously rendered clause in the Basic Law, signifies its capitulation to the Standing Committee, and its inability to protect constitutional rights and/or human rights in Hong Kong. This Comment will first give a brief background on the concept of one country, two systems and the drafting of the basic law. Second, it will introduce the Right of Abode cases, and explain the constitutional crisis of 1999. Third, it analyzes Ng Siu Tung & Others v. Director of …

America Fights Back: The Legal Issues, John Norton Moore, Paul Schott Stevens, Stephen M. Schwebel, Ruth Wedgwood, Malvina Halberstam, Robert F. Turner

Cardozo Journal of International and Comparative Law

No abstract provided.

A Paradigm For The Analysis Of The Legality Of The Use Of Armed Force Against Terrorists And States That Aid And Abet Them, Barry A. Feinstein

Global Business & Development Law Journal

No abstract provided.

Capitalism And Freedom -- For Whom? Feminist Legal Theory And Progressive Corporate Law,, Kellye Y. Testy

Articles

Beginning at least in the 1980s, the version of corporate law and governance prevailing in the U.S. (as well as widely exported to other nations) was a radically privatized one, treating the corporation as a contractual arrangement for maximizing shortterm share price in a laissez faire global marketplace. Though many robust and varied social movements, many of which were bolstered by the 1999 WTO protests in Seattle, have been and are engaged in challenging this hegemony from many angles, few have found their way into corporate law reform. That is not to say, however, that there are no progressive legal …

Health Of Refugees And Internally Displaced Peoples, Leah Persky, Zaravshon Zukhurova

Human Rights & Human Welfare

Refugees and Internally Displaced People’s (IDPs) are extremely vulnerable to human rights abuses, particularly the lack or denial of physical and mental health care. The basic framework of refugee protection has been established and accepted worldwide for more than 50 years. Still, there is still a lack of commitment to respecting the human rights of refugees and providing adequate humanitarian assistance, including health care. Several international conventions and protocols establish the duties of states in terms of treatment of refugees. These include: the Convention Relating to the Status of Stateless Persons, the Geneva Conventions, the Statute of the Office of …

Terrorism On Trial: The Trials Of Al Qaeda, Andrew C. Mccarthy

Case Western Reserve Journal of International Law

No abstract provided.

Some Remarks On The Use Of Force Against Terrorism In Contemporary International Law And The Role Of The Security Council, Jaume Saura

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Terrorism And The Use Of Force In International Law, Michael Schmitt

International Law Studies

No abstract provided.

Indirect Abolition: Capital Punishment's Role In Extradition Law And Practice, William A. Schabas

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Who Cares About Courts? Creating A Constitutency For Judicial Independence In Africa, Mary L. Dudziak

Michigan Law Review

While American scholars and judges generally assume that it is beneficial to insulate courts from politics, Jennifer Widner offers a contrasting perspective from another region of the world. In Building the Rule of Law: Francis Nyalali and the Road to Judicial Independence in Africa, Widner examines the role of courts and judicial review in democratization in Africa. She focuses on the role of one judge, a man who would see himself as embodying a role in Tanzania similar to that of Chief Justice John Marshall in the United States. Francis Nyalali, Chief Justice of the High Court of Tanzania, worked …

Authorization To Kill Terrorist Leaders And Those Who Harbor Them: An International Analysis Of Defensive Assassination, Brenda L. Godfrey

San Diego International Law Journal

The purpose of this Comment is to explore the legal justification for the targeted killing of a terrorist leader as an act of self-defense. In particular, the focus of this Comment will be on the interpretation of the self-defense doctrine under customary international law and the United Nations Charter. First, this Comment will examine the background and common definitions of assassination. Then, the focus will shift to an evaluation of the relevant customary international law and the Caroline doctrine. Next, this Comment will analyze the United Nations Charter, Article 51 as it relates to a claim of self-defense in response …

New Terrorism And International Law, The, Matthew Lippman

Tulsa Journal of Comparative and International Law

No abstract provided.

Unpatriotic Acts: An Introduction, Sadiq Reza

Faculty Scholarship

John Walker Lindh. Zacarias Moussaoui. Jose Padilla. Richard Reid. Who reading these lines does not instantly recognize the names of these men? Or at least their assigned noms de guerre: American Taliban, 20th hijacker, dirty bomber, shoe bomber. For two and a half years these names and others have flitted through our daily copies of The New York Times like shadow characters in a play, along with black-and-white photographs underneath which black-and-white text tells us of their alleged (and sometimes proven) wrongdoing and the latest developments in their tribulations (and sometimes trials) with our government. But the men themselves are …

American Anti-Terrorism Planning And Design Strategies: Applications For Florida Growth Management, Comprehensive Planning And Urban Design, Richard H. Schneider

University of Florida Journal of Law & Public Policy

No abstract provided.

Enemy Combatants, The Courts, And The Constitution, Roberto Iraola

Oklahoma Law Review

No abstract provided.

Rights Integration In An Institutional Context: The Experience Of The Kenya Human Rights Commission, Willy Mutunga, Alamin Mazrui

Buffalo Human Rights Law Review

No abstract provided.

The Military, Globalization, And Human Rights In Africa, Philip C. Aka

NYLS Journal of Human Rights

No abstract provided.