Digital Commons Network^™

Accountability For System Criminality, Mark A. Drumbl

Santa Clara Journal of International Law

No abstract provided.

Terrorism's Proscription And Core Elements Of An Objective Definition, Jordan J. Paust

Santa Clara Journal of International Law

This essay identifies core elements of an objective definition of terrorism as well as various words and phrases that others have used that are not part of an objective definition. In particular, an objective definition of terrorism must involve an intent of the perpetrator to produce a terror outcome as well as the existence of a terror outcome. The international community has recognized that terrorism is an international crime at least since 1985, but the community has been unable to agree on a definition or various core elements of a definition. This essay provides a possible basis for agreement by …

Judicial Review And Its Politicization In Central America: Guatemala, Costa Rica, And Constitutional Limits On Presidential Candidates, Michael B. Wise

Santa Clara Journal of International Law

No abstract provided.

Terrorism And International Criminal Justice: Dim Prospects For A Future Together, Naomi Norberg

Santa Clara Journal of International Law

No abstract provided.

Coming To Terms With Ruthlessness: Sovereign Equality, Global Pluralism, And The Limits Of International Criminal Justice, Brad R. Roth

Santa Clara Journal of International Law

Nullum crimen sine lege and related doctrines that limit extraterritorial jurisdiction and confer immunity ratione materiae are not inconvenient obstacles to be circumvented, but crucial safeguards to be respected. These doctrines respond to the reality that the international community remains beset by serious moral disagreement, both about what count as just ends and about which harsh measures those ends might justify in circumstances of high-stakes political conflict. In such a world, in which very few hands are truly clean, unilateral invocations of universal principles must be viewed skeptically, and associated exercises of power treated guardedly. Prosecutions undertaken in the name …

Trans-Tec Asia V. M/V Harmony Container: Should American Judges Don Foreign Hats (Or Wigs)?, Anthony R. Bessette

Santa Clara Journal of International Law

The application of foreign law in U.S. federal courts is often spotty at best. Many decisions pay lip-service to the need for international comity and the fair application of foreign law, but this requires extensive research into a wholly unfamiliar body of law which courts and parties are rarely willing to do.

This article examines the Ninth Circuit's recent decision in Trans-Tec Asia v. M/V Harmony, a case which is indicative of this problem. Next, it argues that a more faithful application of foreign law is both increasingly possible and increasingly necessary. A petition for certiorari has been filed in …

Special Tribunal For Lebanon: A Tribunal Of An International Character Devoid Of International Law, Janice Yun

Santa Clara Journal of International Law

No abstract provided.

Ruthlessness, Impunity, And The Effacement Of International Human Rights Law, Jamie Mayerfeld

Santa Clara Journal of International Law

No abstract provided.

The Growth Of Islamic Banking: A Singaporean Study On The Legal Conflicts Of Embracing Shari'ah Law, Kylee R. Sargenti

Santa Clara Journal of International Law

No abstract provided.

Transatlantic Merger Control: The Courts And The Agencies, Mark Leddy, Christopher Cook, James Abell

Cornell International Law Journal

No abstract provided.

Prevention And Complementarity In The International Criminal Court: A Positive Approach, Katharine A. Marshall

Human Rights Brief

No abstract provided.

Richmond Journal Of Global Law And Business Volume 10, Issue 1 - Prefatory Matter

Richmond Journal of Global Law & Business

No abstract provided.

Richmond Journal Of Global Law And Business Volume 9, Issue 2 - Prefatory Matter

Richmond Journal of Global Law & Business

No abstract provided.

Evaluating South Africa’S Post-Apartheid Democratic Prospects Through The Lens Of Economic Development Theory, Jonathan L. Marshfield

Richmond Journal of Global Law & Business

Political scientists have identified compelling correlations between economic development and democratic stability. In general, the wealthier and more developed a country, the greater its chances of maintaining a long-term, stable democracy. This Article evaluates whether South Africa’s post-apartheid economic conditions are trending towards conditions that generally correlate to stable democracies. It compares South Africa’s post-apartheid economic conditions to the empirical trends that development theorists have identified as correlative to democratic stability. This analysis is important because if South Africa’s post-apartheid economic conditions do not exhibit positive trends, this may suggest that despite the just end of apartheid, conditions are becoming …

Foreword, Daniel T. Murphy

Richmond Journal of Global Law & Business

In this Forward, Murphy introduces the annual symposium sponsored by the Richmond Journal of Global Law and Business, entitled “A Collision of Authority: The U.S. Constitution and Universal Jurisdiction.” He briefly discusses presentations given by three prominent constitutional law and international law scholars: Dean Erwin Chemerinsky, Professor Mary Ellen O’Connell, and Professor Jeremy Rabkin.

Why Congress Should Expand The Subject Matter Jurisdiction Of The United States Court Of International Trade, Devin S. Sikes

South Carolina Journal of International Law and Business

No abstract provided.

Entrepreneurship And Innovation: The Hidden Costs Of Corporate Governance In Europe, Jose Miguel Mendoza, Christoph Van Der Elst, Erik P. M. Vermeulen

South Carolina Journal of International Law and Business

No abstract provided.

Corporate Misbehavior & International Law: Are There Alternatives To Complicity, Miriam Mafessanti

South Carolina Journal of International Law and Business

No abstract provided.

Can The United States Talk The Talk & Walk The Walk When It Comes To Libel Tourism: How The Freedom To Sue Abroad Can Kill The Freedom Of Speech At Home, Tara Sturtevant

Pace International Law Review

No abstract provided.

Adapting Disneyland’S Service Strategy To Korea’S Everland Theme Park, Haesun Paik

UNLV Theses, Dissertations, Professional Papers, and Capstones

Disneyland is an American amusement park located in Anaheim, California, owned and operated by the Walt Disney Company. On July 18, 1955 the park was first opened to the public (Absolute Astronomy, 2009). Tourists come from all over the world to experience Disneyland not only for theme park, but also for its well-known quality of service, proven time and again by returning visitors. Behind the Disney World being the first, Disneyland is the second most visited park in the world having more than 14,800,000 visitors (TEA and ERA, 2008). Korea is one of the fastest growing countries in Asia and …

Journal Staff

Duke Journal of Comparative & International Law

No abstract provided.

Terrorism And International Criminal Law After The Military Commissions Acts, Stephen I. Vladeck

Santa Clara Journal of International Law

No abstract provided.

Humanizing Terrorism Through International Criminal Law: Equal Justice For Victims, Fair Treatment Of Suspects, And Fundamental Human Rights At The Icc, Kathleen Maloney-Dunn

Santa Clara Journal of International Law

This article sheds light on whether terrorism should be included within the jurisdiction of the International Criminal Court (ICC) and whether classifying terrorism as an international crime subject to supranational tribunals' jurisdiction can advance human rights and promote non-military responses to terrorist acts. Anti-terrorism policies in the wake of the September 11 attacks have led to repressive laws, human rights abuses, and military reactions, often with dehumanizing effects. The article argues that international criminal law, by holding individuals accountable before international criminal tribunals and through the incorporation of international humanitarian law and fundamental human rights noms in its corpus juris, …

Systemic Effects Of International Responsibility For International Crimes, Andre Nollkaemper

Santa Clara Journal of International Law

No abstract provided.

Piracy And Sovereign Rights: Addressing Piracy In The Straits Of Malacca Without Degrading The Sovereign Rights Of Indonesia And Malaysia, Carrie R. Woolley

Santa Clara Journal of International Law

No abstract provided.

The Practice Of The International Criminal Court: Comments On The Complementarity Conundrum, Linda M. Keller

Santa Clara Journal of International Law

No abstract provided.

After Medellin V. Texas, Will U.S. Commitments In International Extradition Cases Be Enforceable?, Mark A. Summers

Santa Clara Journal of International Law

No abstract provided.

A Few Steps Toward An Explanatory Theory Of International Law, Anthony D'Amato

Santa Clara Journal of International Law

If any one sentence about international law has stood the test of time, it is Louis Henkin’s: “almost all nations observe almost all principles of international law and almost all of their obligations almost all of the time”. If this is true, why is this true? What makes it true? How do nations invent rules that then turn around and bind them? Are international rules simply pragmatic and expedient? Or do they embody values such as the need for international cooperation? Is international law a mixed game of conflict and cooperation because of its rules, or do its rules make …

Working The System: A Comment On Andre Nollkaemper's System Criminality In International Law, Allen S. Weiner

Santa Clara Journal of International Law

No abstract provided.

The Complementarity Conundrum: Are We Watching Evolution Or Evisceration?, Michael A. Newton

Santa Clara Journal of International Law

No abstract provided.