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Volume 19, No. 5

The Weldon Times

A student-run newspaper published at the School of Law at Dalhousie University.

Editors: Douglas A. Isbister, Linda E. Klaamas, Kenneth P. Serné

Photography: David Swayze

Production Editor: Kevin Kimmis

The Forum (Volume 26, Number 10), Valparaiso University School Of Law

Valparaiso Law School Forum

No abstract provided.

When Are Economic Sanctions Effective? Selected Theorems And Corollaries, W Michael Reisman

ILSA Journal of International & Comparative Law

Economic sanctions may take many forms and may be applied unilaterally or multilaterally, but like all uses of the economic instrument, they involve the purposive threat or actual granting or withholding of economic indulgences, opportunities, and benefits by one actor or group of actors in order to induce another actor or group of actors to change or adjust an internal or external policy.

Ilsa Journal Of International & Comparative Law, Ilsa Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.

Collective Humanitarian Intervention, Fernando R. Tesón

Scholarly Publications

Until very recently, those who favored the legitimacy of humanitarian intervention were regarded either as hopeless idealists, or worse still, as trigger-happy "moral imperialists." Yet, the doctrine of humanitarian intervention has experienced a dramatic revival with the end of the Cold War. The realignment of global political forces and the awareness of the crucial link between human rights and peace have produced a significant change of opinion among governments and writers on the subject. While opinion is still sharply divided on the issue of unilateral humanitarian intervention, most international actors and observers are rallying behind the idea that the United …

Constitutional Law - Federal Commerce Power: Striking Down The Gun Free School Zones Act As Beyond Congressional Power, Margaret Lupkes

North Dakota Law Review

No abstract provided.

Cuba's Changing Foreign Investment Climate: Castro's Attempt To Lure Foreign Investors, Ron First

Global Business & Development Law Journal

No abstract provided.

"Green Helmets": A Conceptual Framework For Security Council Authority In Environmental Emergencies, Linda A. Malone

Michigan Journal of International Law

Although 1995 marks the fiftieth anniversary of the birth of the United Nations, the year also marks the fifth anniversary of a newly revitalized Security Council. In this period of five years, scholarly debate on the Security Council has shifted from what it might do if it could act to what substantive limits, if any, exist on the Security Council's authority to act under the Charter. The legitimacy of the Security Council's authority under the Charter arises both in its initial determination of when it can act and in its determination of the appropriate scope of its actions once it …

The Right To Self-Defense Once The Security Council Takes Action, Malvina Halberstam

Michigan Journal of International Law

This article discusses the views of these commentators in the light of the language, history, and policies underlying Article 51. It concludes that the Charter was not intended to and should not be interpreted to deny a state the right of self-defense, even if the Security Council has taken measures to deal with the problem; if states are to cede their right to self-defense once the Security Council has taken measures, that should be made explicit.

Water Resource Management And Environmental Policy Reform In New Zealand: Regionalism, Allocation, Indigenous Relations, Lloyd Burton, Chris Cocklin

Colorado Environmental Law Journal

No abstract provided.

War Over The Airwaves: A Comparative Analysis Of U.S. And Cuban Views On International Law And Policy Governing Transnational Broadcasts, Omar Javier Arcia

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Hungary, Refugees. And The Law Of Return, Maryellen Fullerton

Faculty Scholarship

No abstract provided.

Step Up Or Step Out: Unwed Fathers' Parental Rights Post-Doe And E. A. W., John E. Fennelly

St. Thomas Law Review

The issue of parental rights for unwed fathers continues to generate confusion and controversy. The United States Supreme Court, following an initial period of expansion, has reduced its constitutional oversight of state domestic relations law. This reduction has produced a dynamic redefinition of the parental rights of unwed fathers. Uncertainties, as reflected in recent Florida appellate decisions, remain. This Article will first trace the initial expansion and contraction of federal oversight into the area of parental rights. The Article will then explore the redefinition of these rights as developed by several state jurisdictions. Next, recent Florida developments that demonstrate that …

The Fungusamongus: Sick Building Survival Guide, Robert E. Geisler

St. Thomas Law Review

No abstract provided.

Hozho Nahasdlii--We Are Now In Good Relations: Navajo Restorative Justice, Robert Yazzie

St. Thomas Law Review

Having illustrated American adjudication in a Western-style police model of justice, this essay will focus on Navajo justice concepts. It will show why, aside from the breakdown of police and social-work models within the Western-styled justice system, many Navajos prefer their traditional system of justice. As will be shown, the Navajo system of justice is based upon discussion, consensus, relative need, and healing. It is "restorative justice," which puts people in good relations with each other, and in continuing relationships. The Navajo system is "horizontal" or egalitarian law. It is illustrated as a circle where everyone is equal. In contrast, …

Coalitions And Quakes: Disaster Relief And Its Prevention, Saul Levmore

Articles

No abstract provided.

Regulation In The Single Global Market: From Anarchy To World Federalism?, Diane P. Wood

Articles

No abstract provided.

International Law And Antipersonnel Land Mines, Luke T. Lee

ILSA Journal of International & Comparative Law

Antipersonnel (A/P) land mines are devastating weapons not only during, but also after, warfare or armed conflicts. There still exist an estimated 85 million mines, or one for every 50 people on earth, scattered in 62 countries that kill and maim some 26,000 innocent civilians each year. In Cambodia and Angola, for example, there are more than 30,000 and 20,000 amputees, respectively, who are victims of mine incidents.

Defining Terms In The Intellectual Property Protection Debate: Are The North And South Arguing Past Each Other When We Say "Property"? A Lockean, Confucian, And Islamic Comparison, Richard E. Vaughan

ILSA Journal of International & Comparative Law

The concept of intellectual property, or ideas protected by patents, copyrights, and trademarks, has been around since at least the 13^th century. However, it is only in the last decade that "piracy," or the illegal copying and selling of copywritten or patented material, has become a contentious issue in trade negotiations between the nations of the Northern and Southern Hemispheres

Ilsa Journal Of International & Comparative Law, Ilsa Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

The concept of intellectual property, or ideas protected by patents, copyrights, and trademarks, has been around since at least the 13^th century. However, it is only in the last decade that "piracy," or the illegal copying and selling of copywritten or patented material, has become a contentious issue in trade negotiations between the nations of the Northern and Southern Hemispheres

Deliberate Environmental Modification Through The Use Of Chemical And Biological Weapons: "Greening" The International Laws Of Armed Conflict To Establish An Environmentally Protective Regime, Ensign Florencio J. Yuzon

American University International Law Review

No abstract provided.

Land Registration And Land Reform In South Africa, 29 J. Marshall L. Rev. 809 (1996), F.G.T. Radloff

UIC Law Review

No abstract provided.

Israel, Iran And Preemption: Choosing The Least Unattractive Option Under International Law, Louis Rene Beres

Penn State International Law Review (1982 - 2011)

No abstract provided.

Recent Activity Before The International Court Of Justice: Trend Or Cycle?, Gary L. Scott, Heather Macgregor Bothwell, Jennifer Pennel

ILSA Journal of International & Comparative Law

Following the United States refusal to participate in the Nicaragua case,' and its subsequent withdrawal from the so-called "optional clause,", a great deal of pessimism surrounded the future of the International Court of Justice.3 Less than a decade later, and only half way through the decade of international law, it would appear, to paraphrase Mark Twain, that reports of the court's demise were greatly exaggerated.

International Law And Anti-Personnel Landmines, Ariane Sand-Trigo

ILSA Journal of International & Comparative Law

Antipersonnel land mines are among the deadliest and most insidious weapons in the world today: their aim is to maim for life, they cannot distinguish between the footfall of a soldier and that of a child and they recognize no cease-fire or end to war. More than 110 million active mines are scattered in sixty-four countries and the problem is growing worse at a dramatic rate.

International Law And Anti-Personnel Land Mines, Stephen Goose

ILSA Journal of International & Comparative Law

Human Rights Watch was one of the six non-governmental organizations (NGOs) that initiated the International Campaign to Ban Land Mines in 1992. The Campaign calls for a comprehensive international ban on the production, stockpiling, trade and use of antipersonnel land mines. It also calls for increased international resources for mine clearance and victim assistance programs.

Proof Of Knowledge Under Rcra And Use Of The Repsonsible Corporate Officer Doctrine, Barbara Ditata

Fordham Environmental Law Review

No abstract provided.

Structures Of Environmental Criminal Enforcement, Michael Hertz

Fordham Environmental Law Review

No abstract provided.

The Protection Of Cultural Property In The Event Of Armed Conflict, Jiri Toman

Legal Monographs and Treatises

No abstract provided.

Rules, Risks, And Rifts In The Transition To Democracy In Haiti, Georges Anglade

Fordham International Law Journal

As the title of this introduction implies, there are few traces of hope and optimism to be found in Haiti's current situation. If the unavoidable problems of rural communities in a nation of peasants such as Haiti are left unaddressed, and if the nation continues to rely on the standards of the old police state as a model for the new national police, Haiti's transition toward democracy will be off to a bad start. There must be the immediate desire to straighten out this tangled web if Haiti is not to miss this window of opportunity. This Article analyzes this …