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Articles 127471 - 127500 of 1196086
Full-Text Articles in Entire DC Network
To Name Or Not To Name? The Commission For Historical Clarification In Guatemala, Its Mandate, And The Decision Not To Identify Individual Perpetrators, Andrew N. Keller
To Name Or Not To Name? The Commission For Historical Clarification In Guatemala, Its Mandate, And The Decision Not To Identify Individual Perpetrators, Andrew N. Keller
Florida Journal of International Law
In light of the disturbing impunity in Guatemala, one wonders whether the CEH could have done more to promote justice and accountability. Specifically, should the Commission have identified the names of individual perpetrators in its report? This Article advances the argument that, despite persuasive reasoning in favor of naming names, the Commission correctly decided against doing so. General structural limitations of truth commissions and specific restrictions in the CEH’s mandate strongly militated against identifying individual perpetrators.
Although one might construe the Commission’s decision as a blow to the goal of individual accountability, an examination of the circumstances that led to …
The Central American Integration System (Sica) At The Dawn Of A New Century: Will The Central American Isthmus Finally Be Able To Achieve Economic And Political Unity?, Thomas Andrew O'Keefe
The Central American Integration System (Sica) At The Dawn Of A New Century: Will The Central American Isthmus Finally Be Able To Achieve Economic And Political Unity?, Thomas Andrew O'Keefe
Florida Journal of International Law
The purpose of this Article is to examine the current state of the Central American Integration System or SICA (the Spanish acronym by which it is better known) through a discussion of both its achievements as well as deficiencies that, if left unattended, will cause the process to stagnate and eventually collapse. The Article begins with a short overview of the historical underpinnings for the current efforts at both political and economic integration in the region. The Article then explains how the regional economic integration process is actually functioning today. There also is a discussion of the Central American institutional …
The Internet In Latin America: New Opportunities, Developments And Challenges, Robert M. Kossick Jr.
The Internet In Latin America: New Opportunities, Developments And Challenges, Robert M. Kossick Jr.
Florida Journal of International Law
No abstract provided.
Good Governance: The Old, The New, The Principle And The Elements, Frances N. Botchway
Good Governance: The Old, The New, The Principle And The Elements, Frances N. Botchway
Florida Journal of International Law
This work aims to clarify, simplify and give some coherence to the discourse. It argues that the operation of the state in national and to some extent, international, economic activity in developing countries must be through effective governing structures and processes, or what is generally referred to as “good governance.” The principal objective is to identify and delimit the central features of what constitutes good governance. The article postulates four positions. First, that it is Herculean to have a value-free, all embracing, but workable definition of good governance. Second, that the idea of good governance does not owe its genesis …
The Application Of Education Rights In The Occupied Territories, Jorene Soto
The Application Of Education Rights In The Occupied Territories, Jorene Soto
Florida Journal of International Law
After providing a brief historical background of the Arab-Israeli conflict, this Note will address the difficulties of the application of international law to the educational rights of Palestinians under military occupation in the West Bank and the Gaza Strip. The first issue that needs to be determined is the protection of educational rights under the Fourth Geneva Convention and its applicability to the present situation. The second issue addressed is the protection of education rights under various human rights law instruments. The third issue addressed is Israel’s position on the applicability of the Fourth Geneva Convention and international human rights …
Lawyer Roles, Identity, And Professional Responsibility In An Age Of Globalism, Winston P. Nagan
Lawyer Roles, Identity, And Professional Responsibility In An Age Of Globalism, Winston P. Nagan
Florida Journal of International Law
No abstract provided.
Universities And The Judicial Field, Maria Antonieta Sáenz Elizondo
Universities And The Judicial Field, Maria Antonieta Sáenz Elizondo
Florida Journal of International Law
No abstract provided.
Brazil—The Reintroduction Of A Democratic State And The Liberalization Of A Previously Closed Economy, Daniela Trejos Vargas
Brazil—The Reintroduction Of A Democratic State And The Liberalization Of A Previously Closed Economy, Daniela Trejos Vargas
Florida Journal of International Law
No abstract provided.
The Role Of Law Schools In The Development Of Inter-American Relations And The Rule Of Law, A Discussion By Law School Deans From The Americas, Jon Mills
Florida Journal of International Law
No abstract provided.
Strengths And Hurdles In The Struggle Against Asset Laundering And The Repression Of Financial Crime: The Colombian Perspective, Jaime Ospina-Velasco
Strengths And Hurdles In The Struggle Against Asset Laundering And The Repression Of Financial Crime: The Colombian Perspective, Jaime Ospina-Velasco
Florida Journal of International Law
No abstract provided.
Economic Crime And Organized Criminality In South America, George Millard
Economic Crime And Organized Criminality In South America, George Millard
Florida Journal of International Law
No abstract provided.
Judiciary Reform In Colombia, Luis Alberto Moreno
Judiciary Reform In Colombia, Luis Alberto Moreno
Florida Journal of International Law
No abstract provided.
Sub-Regional Economic Integration Programs In Latin America, Thomas Andrew O'Keefe
Sub-Regional Economic Integration Programs In Latin America, Thomas Andrew O'Keefe
Florida Journal of International Law
No abstract provided.
Law, Culture, And Equality - Human Rights' Influence On Domestic Norms: The Case Of Women In The Americas, Berta Esperanza Hernández-Truyol
Law, Culture, And Equality - Human Rights' Influence On Domestic Norms: The Case Of Women In The Americas, Berta Esperanza Hernández-Truyol
Florida Journal of International Law
No abstract provided.
Guatemalan Constitutional Court, Maria Luisa Beltranena De Padilla
Guatemalan Constitutional Court, Maria Luisa Beltranena De Padilla
Florida Journal of International Law
No abstract provided.
Forms Of Dispute Resolution In The North American Free Trade Agreement, Michael Wallace Gordon
Forms Of Dispute Resolution In The North American Free Trade Agreement, Michael Wallace Gordon
Florida Journal of International Law
No abstract provided.
Corruption, Transparency And Rule Of Law, Kenneth H. Mackay Jr.
Corruption, Transparency And Rule Of Law, Kenneth H. Mackay Jr.
Florida Journal of International Law
No abstract provided.
Humanitarian Intervention: An Examination Of The United Nations' Role In The Modern Age Of Civil Conflicts, Lisa Leila Jama
Humanitarian Intervention: An Examination Of The United Nations' Role In The Modern Age Of Civil Conflicts, Lisa Leila Jama
Florida Journal of International Law
This comment will explore the emerging arena of international intervention in the context of humanitarian law. Part II of this comment will explain the legal basis for U.N. intervention. Part III will use the situation in Somalia to illustrate the complexities of humanitarian intervention. Part IV will discuss suggestions for new criteria to be used for intervention when intra-state conflicts arise. This comment concludes with predictions for the future of humanitarian intervention in civil disputes.
The Effect Of The Introduction Of The Euro On Continuity Of Contracts: Is The United States Prepared?, Nonna K. Crane
The Effect Of The Introduction Of The Euro On Continuity Of Contracts: Is The United States Prepared?, Nonna K. Crane
Florida Journal of International Law
This comment examines how the European Union addresses the problem of continuity of contracts. This comment analyses the approaches to this problem in the United States and examines alternative solutions. This comment shows that, while the measures adopted in the United States ensuring that legal instruments will not be disturbed are helpful and necessary steps, they may not be sufficient to deal with the grand scale of the European monetary project.
Uniform Contract Law Of The People's Republic Of China: First Comparative Look, John Gregory
Uniform Contract Law Of The People's Republic Of China: First Comparative Look, John Gregory
Florida Journal of International Law
No abstract provided.
Language Rights In International Law: Why The Phoenix Is Still In The Ashes, Lauri Mälksoo
Language Rights In International Law: Why The Phoenix Is Still In The Ashes, Lauri Mälksoo
Florida Journal of International Law
No abstract provided.
Proceedings Seventh Annual International Business Law Symposium: Civil Lawsuits Involving A United States Corporation And Individuals From Various Foreign Nations—With An Emphasis On Mexico, Michael Wallace Gordon, David Epstein, Trevor Hartley, Adolfo E. Jimenez, Jose A. Santos
Proceedings Seventh Annual International Business Law Symposium: Civil Lawsuits Involving A United States Corporation And Individuals From Various Foreign Nations—With An Emphasis On Mexico, Michael Wallace Gordon, David Epstein, Trevor Hartley, Adolfo E. Jimenez, Jose A. Santos
Florida Journal of International Law
No abstract provided.
Introduction Of The Euro: What Will Be The Effect On Existing International Contracts?, Lori Klumpp
Introduction Of The Euro: What Will Be The Effect On Existing International Contracts?, Lori Klumpp
Florida Journal of International Law
This Note will focus on three issues raised by the application of the new currency standard to existing commercial contracts. First, whether a court should enforce a contract when the parties denominated the price in a currency that is now obsolete. Second, if the contract is still enforceable, whether a court should substitute its judgment to achieve a more fair and equitable result. Third, what anticipatory measures are available to contracting parties to avoid undesirable results and how effective these measures are. The CISG has taken the view that in order to meet its goal of uniformity, contracts must be …
Gender-Related Persecution And The Adjudication Of Asylum Claims: Is A Sixth Category Needed?, Marian Kennady
Gender-Related Persecution And The Adjudication Of Asylum Claims: Is A Sixth Category Needed?, Marian Kennady
Florida Journal of International Law
No abstract provided.
End Run On Sanctions: A Case Study On Contemporary Energy Investment In Iran, Mark Mccary
End Run On Sanctions: A Case Study On Contemporary Energy Investment In Iran, Mark Mccary
Florida Journal of International Law
This Article reexamines Iranian sanctions. It takes a pragmatic approach by combining an overview of the Iranian natural resource market with analysis of the structure of sanctions and their legal impact on Western energy investments. Although previous scholarship has touched on the viability of unilateral sanctions under international law, few have scrutinized the actual contract developments that have occurred since U.S.-Iranian sanctions were implemented. In contrast, this Article serves to benefit businessmen, lawyers, and policymakers alike by highlighting the domestic political risk associated with sanctions.
Overcome By Hardship: The Inapplicability Of The Unidroit Principles' Hardship Provisions To Cisg, Scott D. Slater
Overcome By Hardship: The Inapplicability Of The Unidroit Principles' Hardship Provisions To Cisg, Scott D. Slater
Florida Journal of International Law
This article attempts to resolve the difficult question of whether one may invoke the hardship provisions of the UNIDROIT Principles of International Commercial Contracts (Principles or UNIDROIT Principles) in order to supplement the United Nations Convention on Contracts for the International Sale of Goods (CISG or Convention). The article first presents a highly plausible, albeit fictional, story demonstrating one context in which this issue could arise. It then briefly outlines the history of both instruments. Next, the article considers whether, as a practical matter, fundamental differences between civil law and common law systems will undermine the applicability of the Principles’ …
An Analysis Of The Terms And Level Of Implementation Of The European Union's Collective Dismissal Directive And The United States' Warn Act. Another Example For The European Union On The Relative Merits Of Political Federation Over Confederation?, D. Bruce Shine
Florida Journal of International Law
No abstract provided.
Settlement Of Commercial Disputes With Foreign Elements Involved In Arbitration: Legal Theories And Practice In The United Kingdom, Xiaoyang Zhang
Settlement Of Commercial Disputes With Foreign Elements Involved In Arbitration: Legal Theories And Practice In The United Kingdom, Xiaoyang Zhang
Florida Journal of International Law
The primary purpose of this essay is to examine the settlement of commercial disputes with foreign elements under the U.K. arbitration systems. The analysis is chiefly concerned with English arbitration since the use of private means to settle disputes between parties has long been established in England and the merits of conducting arbitration there (most notably in London) have been widely recognized by many foreign businessmen. However, this essay also includes a brief description of the system of arbitration in Scotland, which has developed differently from that in England. Two major topics are discussed: conduct of arbitration, and challenges to …
Letters Of Credit And The Uniform Customs And Practice For Documentary Credits: The Negotiating Bank And The Fraud Rule In Korea, Dong-Heon Chae
Letters Of Credit And The Uniform Customs And Practice For Documentary Credits: The Negotiating Bank And The Fraud Rule In Korea, Dong-Heon Chae
Florida Journal of International Law
The purpose of this article is to introduce a practical legal interpretation of the Korean Supreme Court’s position on fraud in letters of credit and to compare this position with the fraud rule in the United States. This article argues that the strong intention of the Korean Supreme Court to protect the innocent party in letter-of-credit transactions is prevailing over the general rule regarding letters of credit. It further states that this position is a more obvious and clearer expression of the fraud rule than that of common law countries.
The International Legal Status Of Condominia, Vincent P. Bantz
The International Legal Status Of Condominia, Vincent P. Bantz
Florida Journal of International Law
No abstract provided.