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Articles 127741 - 127770 of 1195976
Full-Text Articles in Entire DC Network
The New Zealand Bill Of Rights: A Step Towards The Canadian And American Examples Or A Continuation Of Parlimentary Supremacy?, Michael Principe
The New Zealand Bill Of Rights: A Step Towards The Canadian And American Examples Or A Continuation Of Parlimentary Supremacy?, Michael Principe
Florida Journal of International Law
No abstract provided.
"The Human Spirit Cannot Be Locked Up Forever:" An Analysis Of The New Agenda On Human Rights From The Bush Administration, Dwayne O. Leslie
"The Human Spirit Cannot Be Locked Up Forever:" An Analysis Of The New Agenda On Human Rights From The Bush Administration, Dwayne O. Leslie
Florida Journal of International Law
No abstract provided.
The United States Of America: Champion Of The Rule Of Law Or The New World Order?, Jeffrey F. Addicott
The United States Of America: Champion Of The Rule Of Law Or The New World Order?, Jeffrey F. Addicott
Florida Journal of International Law
No abstract provided.
United States-Poland Economic Treaty: A Blueprint For Intellectual Property Reform In Eastern Europe And The Developing World?, Scott P. Boylan
United States-Poland Economic Treaty: A Blueprint For Intellectual Property Reform In Eastern Europe And The Developing World?, Scott P. Boylan
Florida Journal of International Law
No abstract provided.
Civil Resistance: The Dictates Of Conscience And International Law Versus The American Judiciary, Matthew Lippman
Civil Resistance: The Dictates Of Conscience And International Law Versus The American Judiciary, Matthew Lippman
Florida Journal of International Law
This essay traces the evolution of civil resistance in the United States and argues for judicial recognition of the applicability of the necessity defense for civil resisters. Initially, the history of civil disobedience in the United States and the theory of Gandhian civil disobedience are outlined. The response of courts in rejecting attempts to justify such protest activities is then described; and American courts’ rejection of the necessity defense to justify formally illegal acts of protest is criticized.
Human Rights In A New World Order, E. L. Roy Hunt
Human Rights In A New World Order, E. L. Roy Hunt
Florida Journal of International Law
No abstract provided.
Revisiting The Disability Of The Non-Recognized In The Courts Of The Non-Recognizing States And Beyond: The Departure Of The In Re Guanghua Liao Courts From The Rules, Jianming Shen
Florida Journal of International Law
No abstract provided.
Derailing The Fast-Track For International Trade Agreements, Edmund Walter Sim
Derailing The Fast-Track For International Trade Agreements, Edmund Walter Sim
Florida Journal of International Law
This article will focus on how the Fast-Track procedure will operate for the Uruguay Round and NAFTA and how their enemies can “derail” the Fast-Track. First, I will briefly review the historical events leading to adoption of the Fast-Track procedure. Second, I will discuss which interest groups might challenge the Uruguay Round and/or NAFTA even after the Fast-Track extension. Third, I will track a hypothetical Trade Agreements Act of 1992 (or the North American Free Trade Agreement Implementing Act) through the Fast-Track process and note potential deficiencies in the process. Fourth, I will examine the various methods by which their …
Airline Baggage Claims: A Tour Through The Legal Minefield, Stephen C. Fulton
Airline Baggage Claims: A Tour Through The Legal Minefield, Stephen C. Fulton
Florida Journal of International Law
Identification and application of the correct legal principles pertaining to a particular airline baggage claim is a process similar to passage through a minefield. One mis-step may result in dire consequences.
The purpose of this article is to increase awareness that the simple airline baggage claim is anything but that, to provide an overview of the analysis which should be applied to airline baggage claims, and to provide the reigning judicial authority with a reference tool for many of the issues which arise in airline baggage claims.
Analysis And Proposals For The Rectification Of The Ambiguities Inherent In Article 1 Of The U.N. Convention On Torture, Ahcene Boulesbaa
Analysis And Proposals For The Rectification Of The Ambiguities Inherent In Article 1 Of The U.N. Convention On Torture, Ahcene Boulesbaa
Florida Journal of International Law
This essay is part of a continuing effort to identify potential problem areas that the drafters of the U.N. Convention on Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment failed to anticipate. The intention is to confront and resolve legal ambiguities which could be utilized by States to circumvent their obligations as signatories to the Convention.
German Reunification: The Effect On International Joint Ventures, Leonard P. Feldman
German Reunification: The Effect On International Joint Ventures, Leonard P. Feldman
Florida Journal of International Law
The German Democratic Republic (GDR or East Germany) and the Federal Republic of Germany (FRG or West Germany) have reunified economically. Western businessmen who seek to invest in Germany have prepared for virtually any possibility, including overnight revision of business plans and concepts. While some citizens who remain in the GDR clash with newly forming opposition parties, many East German residents flee daily to the FRG. Yet within the first few months since the Berlin Wall fell, East-West business partners have signed and negotiated numerous cooperative agreements.
One such cooperative agreement which the GDR and FRG currently are promoting is …
Legal And Structural Aspects Of Privatization In Poland, Stanislaw Soltysinski
Legal And Structural Aspects Of Privatization In Poland, Stanislaw Soltysinski
Florida Journal of International Law
This article focuses on legal aspects of the present privatization schemes such as transformation of State-owned enterprises into mixed companies with the participation of their employees and other shareholders. In addition, it discusses briefly other forms of indirect privatization of or “genuine socialization” of State property such as leasing state enterprises by management or employees.
Structural aspects of privatization analyzed in this article include relations between the management and the Employee Council (ECs), the institutional control of the process of denationalization, and the future role of foreign investors in the securities market.
Should The United States Re-Establish Trade With Cuba? An Assessment Of The Considerations Involved In The Decision, Manuel A. Mesa
Should The United States Re-Establish Trade With Cuba? An Assessment Of The Considerations Involved In The Decision, Manuel A. Mesa
Florida Journal of International Law
This article considers the question of whether it is in the United States’ national interest to re-establish trade with Cuba. Specifically this note addresses whether the economic blockade should be lifted in light of the economic and political considerations of the day.
Soviet Joint Enterprise Legislation, Eugeniy T. Roulko
Soviet Joint Enterprise Legislation, Eugeniy T. Roulko
Florida Journal of International Law
No abstract provided.
Debt-For-Nature Swaps: A Modest But Meaningful Response To Two International Crises, Julian Conrad Juergensmeyer, James C. Nicholas
Debt-For-Nature Swaps: A Modest But Meaningful Response To Two International Crises, Julian Conrad Juergensmeyer, James C. Nicholas
Florida Journal of International Law
No abstract provided.
The Concept Of A Joint Venture And The Legal Context For Joint Ventures In Cmea Countries, Andrzej Burzynski
The Concept Of A Joint Venture And The Legal Context For Joint Ventures In Cmea Countries, Andrzej Burzynski
Florida Journal of International Law
No abstract provided.
The Bush Administration And East-West Trade: Some Observations, Fletcher N. Baldwin Jr.
The Bush Administration And East-West Trade: Some Observations, Fletcher N. Baldwin Jr.
Florida Journal of International Law
This article examines the present posture of the executive with respect to Poland by tracing the executive’s inherent authority to regulate and control — for whatever domestic benefit—economic or political largess. Within this context, this article will review the role of the President in international affairs with a review of the court and its abdication from international policy considerations. This article will then explore the executive’s direction within the context of Poland keeping in mind that conditions are, in Central and Eastern Europe, changing daily.
Silence Is No Longer Golden: The Criminal Evidence Order (Northern Ireland) 1988, John C. Hamlin
Silence Is No Longer Golden: The Criminal Evidence Order (Northern Ireland) 1988, John C. Hamlin
Florida Journal of International Law
This comment will assess the nature and probable impact of the Northern Ireland Criminal Evidence Order. Critics claim that the Order has diminished personal freedom while proponents point to the abuse of the “right to silence” by guilty defendants. Consequently, the Order’s impact on civil rights and its effectiveness as a tool against terrorism will be examined.
The Tatamae And Honne Of Japan's Internationalization: The Japan—South Africa Relationship, Paul Lansing, Tamra Domeyer
The Tatamae And Honne Of Japan's Internationalization: The Japan—South Africa Relationship, Paul Lansing, Tamra Domeyer
Florida Journal of International Law
No abstract provided.
An Outward Sign Of An Inward Struggle: The Fight For Human Rights Of The Australian Aborigine, Sandra K. Haas
An Outward Sign Of An Inward Struggle: The Fight For Human Rights Of The Australian Aborigine, Sandra K. Haas
Florida Journal of International Law
This article examines the progress and setbacks these groups have experienced since 1970 by reviewing caselaw, Parliamentary legislation, and other determinative events affecting the human rights struggle of the aborigines. This article also attempts to predict where this movement is heading in the future.
United States Treaty Obligations, Revenue Laws And New Section 7852(D) Of The Internal Revenue Code, Irwin Halpern
United States Treaty Obligations, Revenue Laws And New Section 7852(D) Of The Internal Revenue Code, Irwin Halpern
Florida Journal of International Law
This article will thus examine new section 7852(d) of the Code: its constitutional and judicial bases, statutory predecessors, and policy implications and ramifications.
Efforts To Introduce A Value Added Tax In The United States, David W. Richardson
Efforts To Introduce A Value Added Tax In The United States, David W. Richardson
Florida Journal of International Law
Section II of this paper will define a VAT. Section III will provide a short history of the attempts to introduce a VAT in the United States. Section IV will discuss the main issues involved in the implementation of a VAT. This discussion will center on the arguments for and against the VATs proposed by Senator Ullman in 1979 and 1980, and the 1984 Treasury report on Tax reform. Section V will examine briefly the 1983 Superfund VAT, the Business Transfer Tax, and the Business Alternative Minimum Tax schemes proposed in 1985. Section VI will examine why past VAT proposals …
Garcia And Judicially-Imposed Constitutional Protections Of State Sovereignty: The Australian Experience, John E. Eichhorst, Ronald C. Mccallum
Garcia And Judicially-Imposed Constitutional Protections Of State Sovereignty: The Australian Experience, John E. Eichhorst, Ronald C. Mccallum
Florida Journal of International Law
This article addresses the question of what part courts should play in preserving the states’ role in the federation by focusing upon Australia’s experience in this regard. The High Court of Australia’s efforts to confine federal legislative powers in order to protect areas of state sovereignty is relevant to American constitutional law in that the relationship between federal and state powers in the Australian Constitution is similar to that created by the U.S. Constitution. The influence of the American model upon the constitutional structure of the Australian federation is confirmed by evidence of the intent of the Australian constitutional framers …
Government Sponsored Summary And Arbitrary Executions, Matthew Lippman
Government Sponsored Summary And Arbitrary Executions, Matthew Lippman
Florida Journal of International Law
This article sketches the contemporary practice of summary or arbitrary executions and reviews the findings of the Special Rapporteur. It is argued that such practices violate international law and that a convention prohibiting and punishing summary or arbitrary executions is required.
A Contemporary Theory Of Humanitarian Intervention, R. George Wright
A Contemporary Theory Of Humanitarian Intervention, R. George Wright
Florida Journal of International Law
The question of humanitarian intervention is not new. Coercive intervention by a foreign power into the arguably internal affairs of a sovereign state, for allegedly humanitarian reasons, has always been controversial. Whether, or under what circumstances, such intervention is permitted by international law has been widely disputed. If there is any consensus, it is that such intervention should generally be prohibited by international law, or should at least be narrowly restricted by various substantive and procedural limitations.
This article will argue, however, that such a restrictive approach to humanitarian intervention is no longer appropriate. It makes diminishing historical sense given …
Undertakings In Eec Anti-Dumping Laws, Ad M. Den Oudsten
Undertakings In Eec Anti-Dumping Laws, Ad M. Den Oudsten
Florida Journal of International Law
This article will try to clarify the legal situation with regard to undertakings in EEC anti-dumping law. It will examine the current law and practice of the EEC with regard to undertakings in general.
To achieve this end, this article is divided into two main parts. Part I provides background information on the EEC system of anti-dumping law. It describes the legislative history of anti-dumping law, its relationship to other forms of trade protection law, its main substantive and procedural features relevant to undertakings, and the possibilities for judicial review.
Part II concentrates on undertakings. It describes how undertakings fit …
The Statutory Framework For Direct Foreign Investment In China, Zhang Lixing
The Statutory Framework For Direct Foreign Investment In China, Zhang Lixing
Florida Journal of International Law
No abstract provided.
Doing Business With Vietnam—Prospects And Concerns For The 1990s, W. Gary Vause
Doing Business With Vietnam—Prospects And Concerns For The 1990s, W. Gary Vause
Florida Journal of International Law
No abstract provided.
Economic Sanctions, U.S. Foreign Policy, International Law And The Anti-Apartheid Act Of 1986, Winston P. Nagan
Economic Sanctions, U.S. Foreign Policy, International Law And The Anti-Apartheid Act Of 1986, Winston P. Nagan
Florida Journal of International Law
No abstract provided.
Antarctica, The Antarctic Treaty Regime, And Legal And Geopolitical Implications Of Natural Resource Exploration And Exploitation, Patrick T. Bergin
Antarctica, The Antarctic Treaty Regime, And Legal And Geopolitical Implications Of Natural Resource Exploration And Exploitation, Patrick T. Bergin
Florida Journal of International Law
This article will (1) briefly describe Antarctica’s treacherous environmental and geographical conditions, the formidable nature of which arguably substantiates the cynics’ claim that resource exploitation is merely a visionary idea; (2) sketch the history of significant activities and events in the icy region, beginning with early exploration and concluding with the conception of international treaty; (3) present an overview if the Antarctic Treaty which will be reviewed in a mere three years; and (4) consider and analyze problems and proposed solutions concerning regional management.