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Articles 127441 - 127470 of 1196091
Full-Text Articles in Entire DC Network
The Elimination Of Political Groups Under International Law And The Constitution Of Political Claims, Farid Samir Benavides-Vanegas
The Elimination Of Political Groups Under International Law And The Constitution Of Political Claims, Farid Samir Benavides-Vanegas
Florida Journal of International Law
In this Article I will show, first, that there are no grounds to hold that the elimination of political groups can be treated as political genocide under international law, and second, that under the doctrine developed in ICTY Prosecutor v. Dusko Tadic there is no need to appeal to that category to obtain the punishment of the perpetrators of crimes against political groups. Nevertheless, I will show that the conceptual structure of crimes against humanity—especially the requirement of being part of a massive of widespread attack—seems to make plausible the question of creating a crime of political genocide. By the …
Land Reform In Zimbabwe, Nick Dancaescu
Land Reform In Zimbabwe, Nick Dancaescu
Florida Journal of International Law
This Note examines how a country known as the breadbasket of Africa could descend into economic chaos in just a few short years by providing a history of the land issue in Zimbabwe, exploring the role of corruption and human rights abuses in contributing to the current situation, discussing the land redistribution issue, and examining the history of development theory in Africa. Finally, by uniting all these elements, I have attempted to construct a rough methodology for analyzing the clash between the rights of the poor to the necessary resources, the rights of a state to autonomously create and implement …
The U.N. Security Council's Obligations Of Good Faith, Elias Davidsson
The U.N. Security Council's Obligations Of Good Faith, Elias Davidsson
Florida Journal of International Law
No abstract provided.
Modes Of Warfare And Evolving Standards Of Environmental Protection Under The International Law Of War, John Alan Cohan
Modes Of Warfare And Evolving Standards Of Environmental Protection Under The International Law Of War, John Alan Cohan
Florida Journal of International Law
This Article examines the current norms and standards that exist in international law that address environmental damage occurring in time of war. To understand the complexity of the problem, I first address the theoretical underpinning of environmental protection—comparing the anthropocentric view and the competing view that the environment ought to be protected because it has intrinsic value. These competing perspectives help fame the issue in the later examination of this Article of relevant international conventions pertaining to the environment in time of war. Next, this Article discusses the current laws of armed conflict, as military planners must inevitably weigh the …
The Law Is The Legal Framework That Governs Relationships, Maria C. Stewart
The Law Is The Legal Framework That Governs Relationships, Maria C. Stewart
Florida Journal of International Law
No abstract provided.
Selected Aspects Of Cuba's Intellectual Property Laws, Jesus (Jay) Sanchelima
Selected Aspects Of Cuba's Intellectual Property Laws, Jesus (Jay) Sanchelima
Florida Journal of International Law
It is the main purpose of this writing to address selected topics of the intellectual property laws of Cuba, to compare them with U.S. laws, when applicable, and to address potential effects on U.S. intellectual property rights.
Cuba's Business Enterprises: How Business Is Conducted On The Island, Antonio R. Zamora
Cuba's Business Enterprises: How Business Is Conducted On The Island, Antonio R. Zamora
Florida Journal of International Law
No abstract provided.
Familias Sin Fronteras: Mujeres Unidas Por Su Historia, Berta Esperanza Hernández-Truyol
Familias Sin Fronteras: Mujeres Unidas Por Su Historia, Berta Esperanza Hernández-Truyol
Florida Journal of International Law
No abstract provided.
Thinking About Cuba: Post-Castro Cuba Began A Decade Ago, Michael Wallace Gordon
Thinking About Cuba: Post-Castro Cuba Began A Decade Ago, Michael Wallace Gordon
Florida Journal of International Law
No abstract provided.
International Internet Jurisdiction; Whose Law Is Right?, Rinat Hadas
International Internet Jurisdiction; Whose Law Is Right?, Rinat Hadas
Florida Journal of International Law
No abstract provided.
Colombia's Peace Process: The Continuous Search For Peace, Maria Cristina Cardenas
Colombia's Peace Process: The Continuous Search For Peace, Maria Cristina Cardenas
Florida Journal of International Law
This Article examines the Colombian peace process, including an analysis of the historical context in which it takes place, and the process by which the current peace process took shape. This Article also explores factors that affect the Colombian peace process, such as the war on drugs and the increasing involvement of the United States in that war. Additionally, the conflict in Colombia has had devastating effects on the human rights situation in Colombia. The growing number of human rights violations suggest an inadequacy of legal protections afforded to those who are involved in the conflict in Colombia. This Article …
Growing Pains: European Union Enlargement And The Restructuring Of The European Commission Under The Treaty Of Nice, Charles W. Smitherman Iii
Growing Pains: European Union Enlargement And The Restructuring Of The European Commission Under The Treaty Of Nice, Charles W. Smitherman Iii
Florida Journal of International Law
This Article analyzes the effects of the Treaty of Nice on the European Commission (Commission), and the problems left unanswered in this latest design. Part I provides a brief background on the European Union and the pending plans for enlargements, while Part II analyzes the role of the Commission and its composition before and after the Treaty of Nice. Finally, Part III discusses the problems and questions left unanswered under the Treaty of Nice as to the composition and functioning of the Commission in an enlarged European Union.
The International Criminal Court And Its Implication For Domestic Law And National Capacity Building, Mark S. Ellis
The International Criminal Court And Its Implication For Domestic Law And National Capacity Building, Mark S. Ellis
Florida Journal of International Law
This Article explores the concept of complementarity as it is embodied by the Rome Statute, focusing on how it will affect domestic law and whether it will promote or hinder national capacity building. It also suggests a new mechanism that would involve the international community in determining whether a state has the capacity to undertake national prosecutions.
Intervention In Iraq: Towards A Doctrine Of Anticipatory Counter-Terrorism, Counter-Proliferation Intervention, Christopher Clarke Posteraro
Intervention In Iraq: Towards A Doctrine Of Anticipatory Counter-Terrorism, Counter-Proliferation Intervention, Christopher Clarke Posteraro
Florida Journal of International Law
This Article analyzes the international legal implications of the particular problem facing U.S. policymakers are they confront the threat posed by Iraqi support of international terrorism and its pursuit of weapons of mass destruction. In Part II, this Article examines the bloody legacy of the Hussein regime. Hussein’s disregard for the lives of his own citizens, exemplified by the genocide of Iraqi Kurds, his pursuit of weapons of mass destruction, and his support for international terrorism, are essential components to an understanding of why the United States can justifiably view his ouster as imperative. Part III examines the existing international …
Legal Education In The Americas, Jon Mills, Alejandro Ogarrio, Robert R. Hendry, Jessica Parker, Rafael González Ballar, George H. Millard
Legal Education In The Americas, Jon Mills, Alejandro Ogarrio, Robert R. Hendry, Jessica Parker, Rafael González Ballar, George H. Millard
Florida Journal of International Law
No abstract provided.
The Export Of Medical Supplies And Agriculture Products In Cuba, Stephen J. Powell, Terry L. Mccoy, William A. Messina Jr., Berta Hernández-Truyol, Adrian Jorge Makuc
The Export Of Medical Supplies And Agriculture Products In Cuba, Stephen J. Powell, Terry L. Mccoy, William A. Messina Jr., Berta Hernández-Truyol, Adrian Jorge Makuc
Florida Journal of International Law
No abstract provided.
Argentina's Efforts At Financial Recovery And Impacts Of The Crisis On Mercosur And Ftaa Talks, Jon Mills, Adrian Jorge Makuc
Argentina's Efforts At Financial Recovery And Impacts Of The Crisis On Mercosur And Ftaa Talks, Jon Mills, Adrian Jorge Makuc
Florida Journal of International Law
No abstract provided.
Environmental Damages And Crimes, Jeffrey S. Wade, Rafael González Ballar, Fernando C. Walcacer, José Rubens Morato Leite, Marcelo Buzaglo Dantas
Environmental Damages And Crimes, Jeffrey S. Wade, Rafael González Ballar, Fernando C. Walcacer, José Rubens Morato Leite, Marcelo Buzaglo Dantas
Florida Journal of International Law
No abstract provided.
Organized Crime, Terrorism, And Money Laundering In The Americas, Fletcher N. Baldwin Jr., Alan Lambert, George H. Millard, Peter M. German
Organized Crime, Terrorism, And Money Laundering In The Americas, Fletcher N. Baldwin Jr., Alan Lambert, George H. Millard, Peter M. German
Florida Journal of International Law
No abstract provided.
Copyright Piracy In Vietnam: The Impediments Of Weak Enforcement On Vietnam's Attempts To Enter The World Market, Julie Siefkas
Copyright Piracy In Vietnam: The Impediments Of Weak Enforcement On Vietnam's Attempts To Enter The World Market, Julie Siefkas
Florida Journal of International Law
This Note examines three approaches that Vietnam may implement to successfully bring its copyright laws into conformity with international intellectual property standards. Part I introduces international copyright standards as defined by the Berne Convention for the Protection of Literary and Artistic Works (Berne Convention) and under TRIPS.
Part II reviews the independent, unilateral legislative measures enacted by Vietnam to establish copyright protection, including the Decree on Copyright Protection, the Ordinance on Copyrights, and the Vietnam Civil Code. The section will also illustrate the weaknesses of the laws and suggest measures to facilitate compliance with copyright laws.
Part III introduces the …
Adverse Effects Of The Illicit Movement And Dumping Of Hazardous, Toxic, And Dangerous Wastes And Products On The Enjoyment Of Human Rights, Cyril Uchenna Gwam
Adverse Effects Of The Illicit Movement And Dumping Of Hazardous, Toxic, And Dangerous Wastes And Products On The Enjoyment Of Human Rights, Cyril Uchenna Gwam
Florida Journal of International Law
No abstract provided.
The Roma And Native Americans: Encapsulated Comunities Within Larger Constitutional Regimes, Edo Banach
The Roma And Native Americans: Encapsulated Comunities Within Larger Constitutional Regimes, Edo Banach
Florida Journal of International Law
No abstract provided.
Pills, Patents, And Power: State Creation Of Gray Markets As A Limit On Patent Rights, Shubha Ghosh
Pills, Patents, And Power: State Creation Of Gray Markets As A Limit On Patent Rights, Shubha Ghosh
Florida Journal of International Law
The question, of course, is whether allowing gray markets for pharmaceuticals is effective. I address this question in this Article and conclude that while the gray market solution is appropriate in South Africa, its effectiveness, as proposed, is questionable in the United States. While ideally it would be more appropriate to address the problems directly as human rights matters, the solution of creating gray markets may be the most effective within the constraints of the current legal system. However, the gray market must be created in a suitable and rational fashion. I develop these points as follows. Part II presents …
Rights, Patents, Markets And The Global Aids Pandemic, James Thuo Gathii
Rights, Patents, Markets And The Global Aids Pandemic, James Thuo Gathii
Florida Journal of International Law
No abstract provided.
International Intellectual Property, Access To Health Care, And Human Rights: South Africa V. United States, Winston P. Nagan
International Intellectual Property, Access To Health Care, And Human Rights: South Africa V. United States, Winston P. Nagan
Florida Journal of International Law
This Article examines the question of access to patented medicines in international law. It analyzes the extent to which international agreements may lawfully limit affordable versions of these medicines that may be available through parallel imports or compulsory licensing procedures. It considers the concept of intellectual property rights from a national and international perspective to determine how these rights must be sensitive to matters of national sovereignty when extraordinary, life-threatening diseases afflict societies in catastrophic ways. This Article suggests that viewing property (including intellectual property) as a human right requires that its scope be delimited and understood in the context …
Educating To Meet The Demands Of Florida Business And Law Schools, Jon Mills, Maria Antonieta Saenz, Jose Raul Gaviao De Almeida, Loretta Ortiz Ahlf, Carol Taylor West
Educating To Meet The Demands Of Florida Business And Law Schools, Jon Mills, Maria Antonieta Saenz, Jose Raul Gaviao De Almeida, Loretta Ortiz Ahlf, Carol Taylor West
Florida Journal of International Law
No abstract provided.
The Essential Elements Of A Functioning Democracy, Dennis C. Jett
The Essential Elements Of A Functioning Democracy, Dennis C. Jett
Florida Journal of International Law
No abstract provided.
International Litigation In The Americas, Michael Wallace Gordon, David Epstein, Adolfo E. Jimenez, Carlos Manuel Loperena, Daniela Trejos Vargas
International Litigation In The Americas, Michael Wallace Gordon, David Epstein, Adolfo E. Jimenez, Carlos Manuel Loperena, Daniela Trejos Vargas
Florida Journal of International Law
No abstract provided.
Organized Crime And Money Laundering In The Americas, Fletcher N. Baldwin Jr., Peter M. German, George Millard, Alan Lambert
Organized Crime And Money Laundering In The Americas, Fletcher N. Baldwin Jr., Peter M. German, George Millard, Alan Lambert
Florida Journal of International Law
No abstract provided.
The United States Immigration Policy Toward Cuba Violates Established Maritime Policy, It Does Not Curtail Illegal Imigration, And Thus Should Be Changed So That Cuban Immigrants Are Treated Similarly To Other Immigrants, Read Sawczyn
Florida Journal of International Law
No abstract provided.