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1998

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A New Human Right--The Right To Globalization, Michael D. Pendleton Jan 1998

A New Human Right--The Right To Globalization, Michael D. Pendleton

Fordham International Law Journal

This Essay attempts to give globalization an ideology and suggests that global identity and allegiance will use the law to establish these ideals. It argues that the principal tool will be extensions via the legal device of human rights--an individual's human right to globalization. This Essay also argues that national allegiance and globalization cannot stand together. Today, national allegiance is an anachronism and simply wrong. In the past, it was, in many cases, considered a virtue and resulted often in the highest individual self-sacrifice for the common good. Human rights to globalization, it is argued, entail at least the following …

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Justice On Trial: State Security Courts, Police Impunity, And The Intimidation Of Human Rights Defenders In Turkey, Joseph R. Crowley Program Jan 1998

Justice On Trial: State Security Courts, Police Impunity, And The Intimidation Of Human Rights Defenders In Turkey, Joseph R. Crowley Program

Fordham International Law Journal

In September 1997, Fordham Law School's Joseph R. Crowley Program in International Human Rights and the Lawyers Committee for Human Rights ("Lawyers Committee") undertook a two-year project to study Turkey's State Security Court system and to evaluate it against international fair trial standards. This special report is an amalgamation of their findings.

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Table Of Contents - Issue 2, North Carolina Journal Of International Law And Commercial Regulation Jan 1998

Table Of Contents - Issue 2, North Carolina Journal Of International Law And Commercial Regulation

North Carolina Journal of International Law

No abstract provided.

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Reappraising Policy Objections To Humanitarian Intervention, Dino Kritsiotis Jan 1998

Reappraising Policy Objections To Humanitarian Intervention, Dino Kritsiotis

Michigan Journal of International Law

This article's purpose is not to search for particular conclusions as to the substantive merit or the present legal status of the right of humanitarian intervention as defined and in view of this seeming tension between recent practice and established principle. Its governing concern, rather, lies with: fundamental principles of analysis and method; the formal sources of public international law consulted in the examination of the validity of humanitarian intervention; how normative determinations are reached in the first place; and the techniques which are adopted in navigating our course to these ends.

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Bellum Americanum: The U.S. View Of Twenty-First Century War And Its Possible Implications For The Law Of Armed Conflict, Michael N. Schmitt Jan 1998

Bellum Americanum: The U.S. View Of Twenty-First Century War And Its Possible Implications For The Law Of Armed Conflict, Michael N. Schmitt

Michigan Journal of International Law

After describing Bellum Americanum at some length, the article turns to the "stressors" it presents for the current law of armed conflict. The term stressors is used to suggest that law evolves as it is stressed by changing circumstances. Much as water seeks a constant level, law inevitably moves to fill normative lacunae. Correspondingly, law loses its normative valence when it no longer serves "community"-a relative concept-ends. Thus, law is contextual and directional. It is contextual in the sense that it is understood and applied based upon the specific social, economic, political, and military milieu in which it operates. …

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Jurisprudence Of The Committee On The Rights Of The Child: A Guide For Research And Analysis, Cynthia Price Cohen, Susan Kilbourne Jan 1998

Jurisprudence Of The Committee On The Rights Of The Child: A Guide For Research And Analysis, Cynthia Price Cohen, Susan Kilbourne

Michigan Journal of International Law

The purpose of this article and the attached tables is to give child rights advocates and scholars: 1) a bird's-eye view of the Convention and its implementation mechanism; 2) an introduction to the jurisprudence that is being developed as governments begin to put the Convention into effect; and 3) a guide to assist in research and analysis of the developing jurisprudence of the Committee on the Rights of the Child.

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The Right To A Fair Trial In China, Daphne Huang Jan 1998

The Right To A Fair Trial In China, Daphne Huang

Washington International Law Journal

The right to a fair trial is a growing international standard that protects defendant rights before, during, and after trial. Despite significant changes to China's Criminal Procedure Law and Criminal Law, China presently fails to comply with the standard. China's history of human rights abuses and the obstacles to compliance make enforcement of the right seem an insunnountable task. However, the trends of democratization and economic globalization, combined with optimistic reports of political reform in China provide hope that compliance with the right will eventually be achieved.

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Discussion After The Speeches Of Charles Caccia And Matthew Schaefer, Discussion Jan 1998

Discussion After The Speeches Of Charles Caccia And Matthew Schaefer, Discussion

Canada-United States Law Journal

No abstract provided.

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International Criminal Tribunals For The Former Yugoslavia And Rwanda, Monroe Leigh, Maury Shenk Jan 1998

International Criminal Tribunals For The Former Yugoslavia And Rwanda, Monroe Leigh, Maury Shenk

The International Lawyer

No abstract provided.

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Eagle Over The Ice: The U.S. In The Antarctic, Jennifer M. Meyers Jan 1998

Eagle Over The Ice: The U.S. In The Antarctic, Jennifer M. Meyers

Case Western Reserve Journal of International Law

Note: This is the second book review in the PDF file.

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Saving The Blueprints: The International Legal Regime For Plant Genetic Resources, David S. Tilford Jan 1998

Saving The Blueprints: The International Legal Regime For Plant Genetic Resources, David S. Tilford

Case Western Reserve Journal of International Law

No abstract provided.

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Comparative Analysis Of Contemporary Constitutional Procedure, Min Zhou Jan 1998

Comparative Analysis Of Contemporary Constitutional Procedure, Min Zhou

Case Western Reserve Journal of International Law

No abstract provided.

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Volume 30 Issue 2 (1998), Cwru Journal Of International Law Jan 1998

Volume 30 Issue 2 (1998), Cwru Journal Of International Law

Case Western Reserve Journal of International Law

No abstract provided.

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The Two Worlds Of Albert Speer: Reflections Of A Nuremberg Prosecutor, Carolyn L. Speaker Jan 1998

The Two Worlds Of Albert Speer: Reflections Of A Nuremberg Prosecutor, Carolyn L. Speaker

Case Western Reserve Journal of International Law

No abstract provided.

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Harmonization Of Competititon Policies Among Mercosur Countries, Jose Tavares De Araujo, Jr, Luis Tineo Jan 1998

Harmonization Of Competititon Policies Among Mercosur Countries, Jose Tavares De Araujo, Jr, Luis Tineo

Brooklyn Journal of International Law

No abstract provided.

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Japan's Big Bang Financial Reforms, Ernest T. Patrikis Jan 1998

Japan's Big Bang Financial Reforms, Ernest T. Patrikis

Brooklyn Journal of International Law

No abstract provided.

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Mechanisms Of Thermorégulation In Flying Bees', Stephen P. Roberts, Jon F. Harrison Jan 1998

Mechanisms Of Thermorégulation In Flying Bees', Stephen P. Roberts, Jon F. Harrison

Biological Sciences Faculty Research & Creative Works

SYNOPSIS. Thermoregulation of Elevated Thorax Temperatures is Necessary for Bees to Achieve the High Rates of Power Production Required for Flight and is a Key Factor Allowing Them to Occupy Widely Varying Thermal Environments. However, the Mechanisms by Which Bees Thermoregulate during Flight Are Poorly Understood. Thermoregulation is Accomplished by Balancing Heat Gain and Heat Loss Via the Following Routes: Convection, Evaporation, and Metabolic Heat Production. There Appears to Be a Diversity of Thermoregulatory Mechanisms Employed during Flight among Bee Species. Some Species, Particularly Bambus Spp., Actively Increase the Distribution of Thoracic Heat to the Abdomen during Flight as Air …

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Tribunal Justice: The Challenges, The Record, And The Prospects, Nina Ban-Jensen, Tom Gjelten, Roy Gutman, Ivana Nizich, Diane F. Orentlicher, Thomas Warrick Jan 1998

Tribunal Justice: The Challenges, The Record, And The Prospects, Nina Ban-Jensen, Tom Gjelten, Roy Gutman, Ivana Nizich, Diane F. Orentlicher, Thomas Warrick

American University International Law Review

No abstract provided.

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Future Trends In The United States Federal Sentencing Scheme, Herbert J. Hoelter, Charles Nihan, Gerald Bard Tjoflat, Jonathan J. Wroblewski Jan 1998

Future Trends In The United States Federal Sentencing Scheme, Herbert J. Hoelter, Charles Nihan, Gerald Bard Tjoflat, Jonathan J. Wroblewski

American University International Law Review

No abstract provided.

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Discussion After The Speeches Of Joseph Griffin And Crystal Witterick, Discussion Jan 1998

Discussion After The Speeches Of Joseph Griffin And Crystal Witterick, Discussion

Canada-United States Law Journal

No abstract provided.

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The Cisg Convention And Thomas Franck's Theory Of Legitimacy, Anthony S. Winer Jan 1998

The Cisg Convention And Thomas Franck's Theory Of Legitimacy, Anthony S. Winer

Northwestern Journal of International Law & Business

The Contracts for the International Sale of Goods (CISG) Convention is one of the most talked-about, and written-about, aspects of international commercial law. Ss time progresses, it may become evident that significant numbers of commercial actors and significant numbers of courts and other adjudicatory bodies are simply choosing not to apply the Convention. In such event, the question as to why there should be such a reluctance to adopt the Convention will present itself. This Article finds helpful perspective on this question in the work of international legal scholar Thomas Franck. Specifically, guidance is drawn from the theory of international …

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China's Tax Preferences To Foreign Investment: Policy, Culture And Modern Concepts, Zhaodong Jiang Jan 1998

China's Tax Preferences To Foreign Investment: Policy, Culture And Modern Concepts, Zhaodong Jiang

Northwestern Journal of International Law & Business

In conclusion, policy-making in China is subject to the leadership's perception of problems and solutions. Taxation must reflect political and economic concerns and closely follow policy choice. For the Chinese, the objective, economic value to foreign businesses should not be as important as the Chinese sincerity and friendly sentiments that the preferential meas- ures symbolize. While the Chinese do refer to modern concepts such as ef- ficiency or equity, they tend to apply their own interpretation and understanding.

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Combating The Ilicit Art Trade In The European Union: Europol's Role In Recovering Stolen Artwork, Jennifer Sultan Jan 1998

Combating The Ilicit Art Trade In The European Union: Europol's Role In Recovering Stolen Artwork, Jennifer Sultan

Northwestern Journal of International Law & Business

In order to provide a context for a discussion of how to effectively combat the art theft problem, Part II of this comment will examine the vari- ous incentives that encourage art theft. Parts I, IV, and V will explain the background and key provisions of two international conventions and one regional directive that address the problem of art theft in the EU. Part VI will analyze the strengths and shortcomings of the existing legal regime ac- cording to the two conventions and a directive. Part VII will discuss three mechanisms that have been somewhat successful in the recovery of …

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Discussion After The Speeches Of Douglas Rosenthal And Jonathan Fried, Discussion Jan 1998

Discussion After The Speeches Of Douglas Rosenthal And Jonathan Fried, Discussion

Canada-United States Law Journal

No abstract provided.

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The Dimensions Of Sovereignty--A U.S. Approach, Douglas E. Rosenthal Jan 1998

The Dimensions Of Sovereignty--A U.S. Approach, Douglas E. Rosenthal

Canada-United States Law Journal

No abstract provided.

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Settlement Of International Trade Disputes--Challenges To Sovereignty--A Canadian Perspective, Lawrence L. Herman Jan 1998

Settlement Of International Trade Disputes--Challenges To Sovereignty--A Canadian Perspective, Lawrence L. Herman

Canada-United States Law Journal

No abstract provided.

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Discussion After The Speech Of Stuart Smith, Discussion Jan 1998

Discussion After The Speech Of Stuart Smith, Discussion

Canada-United States Law Journal

No abstract provided.

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Sovereignty And Food Safety In A Nafta Context, Paul Martin Jan 1998

Sovereignty And Food Safety In A Nafta Context, Paul Martin

Canada-United States Law Journal

No abstract provided.

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Introduction: The Impact Of Globalization On Sovereignty And The Environment, Leonard Young Jan 1998

Introduction: The Impact Of Globalization On Sovereignty And The Environment, Leonard Young

Canada-United States Law Journal

No abstract provided.

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International Human Rights, Harvetta Asamoah, Alya Kayal, Emily Chuo, Melanne Anromecca Civic Jan 1998

International Human Rights, Harvetta Asamoah, Alya Kayal, Emily Chuo, Melanne Anromecca Civic

The International Lawyer

No abstract provided.

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