Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 61 - 90 of 90

Full-Text Articles in Law

Carriers Of Globalization: Loss Of Home And Self Within The African Diaspora, Camille Nelson Jan 2003

Carriers Of Globalization: Loss Of Home And Self Within The African Diaspora, Camille Nelson

Articles in Law Reviews & Other Academic Journals

This article deals with the tension of “returnees” and how that tension reflects the distribution of resources in globalization through the context of Jamaica. Returnees are often citizens who leave Jamaica in order to take advantage of economic opportunity or to create upward social mobility not presently available to them in their homeland. Returnees maintain connections with family and friends with the desire and purpose to one day return. However, many returnees have been subjected to violent attacks upon returning to their homeland. Returnees in a sense become carriers of globalization, and their return to their homeland signals the very …


International Responses To Separatist Claims: Are Democratic Principles Relevant?, Diane Orentlicher Jan 2003

International Responses To Separatist Claims: Are Democratic Principles Relevant?, Diane Orentlicher

Articles in Law Reviews & Other Academic Journals

Although a perennial feature of global politics, separatist movements had scant prospect of success for nearly half a century after World War II. And so the recent proliferation of new states has shattered settled expectations. In the 1990s, Yugoslavia fractured into five states, the Soviet Union split into fifteen, Eritrea separated from Ethiopia, Czechoslovakia divided into the Czech Republic and Slovakia, and East Timor won independence from Indonesia. The success of breakaway movements from Slovenia to Eritrea has given new impetus to a raft of other separatists across the globe. And small wonder: the surge in state making in the …


Democrativ Principles And Separatist Claims: A Response And Further Inquiry, Diane Orentlicher Jan 2003

Democrativ Principles And Separatist Claims: A Response And Further Inquiry, Diane Orentlicher

Articles in Law Reviews & Other Academic Journals

Donald Horowitz has grounds for concern about legal innovations that may provide fresh inspiration to separatist movements. It is baffling, however, that he attributes proseparatist views to me. I will try here to clarify the principal sources of misunderstanding and hope, along the way, to deepen our consideration of issues that are well worth further exploration.


El Acuerdo Sobre Arbitraje Comercial Internacional Del Mercosur: Un Analisis Critico, Horacio A. Grigera Naón Jan 2003

El Acuerdo Sobre Arbitraje Comercial Internacional Del Mercosur: Un Analisis Critico, Horacio A. Grigera Naón

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Resolving Sovereignty-Based Conflicts: The Emerging Approach Of Earned Sovereignty, Paul Williams Jan 2003

Resolving Sovereignty-Based Conflicts: The Emerging Approach Of Earned Sovereignty, Paul Williams

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Earned Sovereignty: The Political Dimension, James Hooper, Paul Williams Jan 2003

Earned Sovereignty: The Political Dimension, James Hooper, Paul Williams

Articles in Law Reviews & Other Academic Journals

There are currently over fifty sovereignty-based conflicts throughout the world, and nearly a third of the Specially Designated Global Terrorists listed by the United States Treasury Department are associated with sovereignty-based conflicts and self-determination movements. To date, the "sovereignty first" international response to these conflicts has been unable to stem the tide of violence, and in many instances may have contributed to further outbreaks of violence. This article will argue that the "sovereignty first" doctrine is slowly being supplemented by a new conflict resolution approach which we dub "earned sovereignty."


Report Of The Committee Of Experts On Nation Rebuilding In Afghanistan, Paul Williams, Michael Scharff Jan 2003

Report Of The Committee Of Experts On Nation Rebuilding In Afghanistan, Paul Williams, Michael Scharff

Articles in Law Reviews & Other Academic Journals

With the destruction of the Taliban regime, the international community is turning its attention toward the establishment of an interim government consistent with the Bonn Accords, and the identification of a process for selecting a more long-term governing arrangement. As is well known, these first steps toward establishing a new government in Afghanistan are the beginning of a long and difficult process for re-establishing peace. Absent a comprehensive and attainable plan for nation rebuilding in Afghanistan, the United States may find that despite its victory on the battle- field, it may be unable to adequately achieve its long term security …


The International Human Rights Status Of Elderly Persons, Diego Rodriguez-Pinzón, Claudia Martin Jan 2003

The International Human Rights Status Of Elderly Persons, Diego Rodriguez-Pinzón, Claudia Martin

American University International Law Review

No abstract provided.


Chile's Free Trade Agreements: Can Their Benefits Survive Chile's Continuing Controls On Foreign Capital?, Evgenia V. Sorokina Jan 2003

Chile's Free Trade Agreements: Can Their Benefits Survive Chile's Continuing Controls On Foreign Capital?, Evgenia V. Sorokina

American University International Law Review

No abstract provided.


The Feasibility Of The Imf's Sovereign Debt Restructuring Mechanism: An Alternative Statutory Approach To Mollify American Reservations, Richard Euliss Jan 2003

The Feasibility Of The Imf's Sovereign Debt Restructuring Mechanism: An Alternative Statutory Approach To Mollify American Reservations, Richard Euliss

American University International Law Review

No abstract provided.


Franchising In China: Legal Challenges When First Entering The Chinese Market, Michele Lee Jan 2003

Franchising In China: Legal Challenges When First Entering The Chinese Market, Michele Lee

American University International Law Review

No abstract provided.


Conflict, Confusion, And Bias Under Trips Articles 22-24 , Kevin M. Murphy Jan 2003

Conflict, Confusion, And Bias Under Trips Articles 22-24 , Kevin M. Murphy

American University International Law Review

No abstract provided.


International Law Issues In Death Penalty Defense, Richard J. Wilson Jan 2003

International Law Issues In Death Penalty Defense, Richard J. Wilson

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Freedom Of Expression Under The European Convention On Human Rights: A Comparison With The Inter-American System Of Protection Of Human Rights, Amaya Ubeda De Torres Jan 2003

Freedom Of Expression Under The European Convention On Human Rights: A Comparison With The Inter-American System Of Protection Of Human Rights, Amaya Ubeda De Torres

Human Rights Brief

No abstract provided.


The New European Union Directive On Sexual Harassment And Its Implications For Greece, Mary Ellen Tsekos Jan 2003

The New European Union Directive On Sexual Harassment And Its Implications For Greece, Mary Ellen Tsekos

Human Rights Brief

No abstract provided.


News From The Regional Human Rights Systems, David Baluarte, Jamal Jafari Jan 2003

News From The Regional Human Rights Systems, David Baluarte, Jamal Jafari

Human Rights Brief

No abstract provided.


United States Detainees At Guantánamo Bay: The Inter-American Commission On Human Rights Responds To A "Legal Black Hole" , Richard J. Wilson Jan 2003

United States Detainees At Guantánamo Bay: The Inter-American Commission On Human Rights Responds To A "Legal Black Hole" , Richard J. Wilson

Human Rights Brief

No abstract provided.


Attacks From Within: Zimbabwe's Assault On Basic Freedoms Through Legislation, Jamal Jafari Jan 2003

Attacks From Within: Zimbabwe's Assault On Basic Freedoms Through Legislation, Jamal Jafari

Human Rights Brief

No abstract provided.


The Threat Of Article 23 To Civil Liberties In The Hong Kong Special Administrative Region, Inbal Sansani Jan 2003

The Threat Of Article 23 To Civil Liberties In The Hong Kong Special Administrative Region, Inbal Sansani

Human Rights Brief

No abstract provided.


The War Crimes Research Office Presents: News From The International Criminal Tribunals, Maria Allison, Leslie Wilson Jan 2003

The War Crimes Research Office Presents: News From The International Criminal Tribunals, Maria Allison, Leslie Wilson

Human Rights Brief

No abstract provided.


News From The Regional Human Rights Systems, David Baluarte Jan 2003

News From The Regional Human Rights Systems, David Baluarte

Human Rights Brief

No abstract provided.


Brief Community News, Human Rights Brief Jan 2003

Brief Community News, Human Rights Brief

Human Rights Brief

No abstract provided.


Might V. Right: Charles Taylor And The Sierra Leone Special Court, Kathy Ward Jan 2003

Might V. Right: Charles Taylor And The Sierra Leone Special Court, Kathy Ward

Human Rights Brief

No abstract provided.


One Step Forward, Two Steps Back: Democracy And Legal Reform In Morocco, Abderrahim Sabir Jan 2003

One Step Forward, Two Steps Back: Democracy And Legal Reform In Morocco, Abderrahim Sabir

Human Rights Brief

No abstract provided.


The Human Rights Framework Applicable To Trafficking In Persons And Its Incorporation Into Unmik Regulation 2001/4, John Cerone Jan 2003

The Human Rights Framework Applicable To Trafficking In Persons And Its Incorporation Into Unmik Regulation 2001/4, John Cerone

Human Rights Brief

No abstract provided.


Not Good Enough: India’S Freedom Of Information Bill Has Great Potential To Overhaul The Ills Of Secrecy And Inaccessibility But There Are Inadequacies That Need To Be Addressed, Richard N. Winfield, Sherrell Evans Jan 2003

Not Good Enough: India’S Freedom Of Information Bill Has Great Potential To Overhaul The Ills Of Secrecy And Inaccessibility But There Are Inadequacies That Need To Be Addressed, Richard N. Winfield, Sherrell Evans

Human Rights Brief

No abstract provided.


United Nations Update, Nicole Trudeau Jan 2003

United Nations Update, Nicole Trudeau

Human Rights Brief

No abstract provided.


Updates From The International Criminal Courts, Sarah Hymowitz, Abby Richardson Jan 2003

Updates From The International Criminal Courts, Sarah Hymowitz, Abby Richardson

Human Rights Brief

No abstract provided.


The Functions Of Justice And Anti-Justice In The Peace-Building Process, Paul Williams, Michael Scharff Jan 2003

The Functions Of Justice And Anti-Justice In The Peace-Building Process, Paul Williams, Michael Scharff

Articles in Law Reviews & Other Academic Journals

Recently, there has been increasing use of the tool of justice/accountability in the peace-building process. Yet, the norms of justice, while increasingly invoked, is seldom defined in the context of peace-building. To understand the role that justice has played and has the potential of playing in the peace-building process, it is important first to define the norm as well as articulate its functions. This article therefore serves as an introduction to The Case Western Reserve Journal of International Law’s “Role of Justice in Building Peace” Symposium Issue by providing a detailed definitional description of the justice norm. In addition, it …


The Inter-American Human Rights System: Activities From Late 2000 Through October 2002, Richard J. Wilson Jan 2003

The Inter-American Human Rights System: Activities From Late 2000 Through October 2002, Richard J. Wilson

Articles in Law Reviews & Other Academic Journals

No abstract provided.