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Articles 1 - 30 of 98
Full-Text Articles in Law
Intolerable Situations And Counsel For Children: Following Switzerland's Example In Hague Abduction Cases , Merle H. Weiner
Intolerable Situations And Counsel For Children: Following Switzerland's Example In Hague Abduction Cases , Merle H. Weiner
American University Law Review
In the twilight days of 2007, Switzerland took decisive action to protect children who were being harmed by the application of the Hague Convention on the Civil Aspects of International Child Abduction ("Hague Abduction Convention" or "Convention"). 1 Its Parliament passed the Federal Act on International Child Abduction and the Hague Conventions on the Protection of Children and Adults ("Swiss Act"). 2 The Swiss Act, which should enter into force in mid-2009, 3 gives important and necessary guidance to Swiss courts about the phrase "intolerable situation" in Article 13(b) of the Hague Abduction Convention. 4 The Swiss Act also directs …
To Abstain Or Not To Abstain: A New Framework For Application Of The Abstention Doctrine In International Parallel Proceedings, Jocelyn H. Bush
To Abstain Or Not To Abstain: A New Framework For Application Of The Abstention Doctrine In International Parallel Proceedings, Jocelyn H. Bush
American University Law Review
It is obvious to most that the ties between people and businesses in different countries have increased dramatically in recent years. One of the effects of this globalization of the world’s economies and societies is an increase in international or transnational litigation. As traveling and conducting business across international borders becomes easier and cheaper, and the number of international business transactions increases, so too have the number of lawsuits involving parties and transactions or occurrences from different countries. This development has led to a corresponding increase in the number of lawsuits before United States courts which are similar, or indeed …
The Inter-American System Of Human Rights: Challenges For The Future, Claudio Grossman
The Inter-American System Of Human Rights: Challenges For The Future, Claudio Grossman
Articles in Law Reviews & Other Academic Journals
The Inter-American system is a combination of human rights norms and supervisory institutions within the Americas. The applicable rules consist primarily of the American Declaration on the Rights and Duties of Man ("American Declaration") and the American Convention on Human Rights ("American Convention"). The institutions involved are the organs responsible for supervising compliance with the established rules: the Inter-American Commission on Human Rights ("the Commission") and the Inter-American Court of Human Rights ("the Court"). The system performs supervisory functions basically through country reports adopted by the Commission which describe the overall human rights situation in a country and decisions in …
Shrinking The Space For Denial: The Impact Of The Icty In Serbia, Diane Orentlicher
Shrinking The Space For Denial: The Impact Of The Icty In Serbia, Diane Orentlicher
Reports
This groundbreaking report published by the Open Society Justice Initiative examines the impact in Serbia of the International Criminal Tribunal for the former Yugoslavia (ICTY).Shrinking the Space for Denial: The Impact of the ICTY in Serbia is the most comprehensive analysis to date of the court's impact in a country directly affected by its work. The report by Diane Orentlicher, professor of international law at American University's Washington College of Law and special counsel to the Justice Initiative, is published in conjunction with the 15th anniversary of the ICTY's founding.The 134-page report provides a detailed look at the ICTY's role …
2007 International Trade Decisions Of The Federal Circuit, Munford Page Hall Ii, Michael S. Lee
2007 International Trade Decisions Of The Federal Circuit, Munford Page Hall Ii, Michael S. Lee
American University Law Review
No abstract provided.
Bosnia V. Serbia: Lessons From The Encounter Of The International Court Of Justice With The International Criminal Tribunal For The Former Yugoslavia, Rebecca Hamilton, Richard J. Goldstone
Bosnia V. Serbia: Lessons From The Encounter Of The International Court Of Justice With The International Criminal Tribunal For The Former Yugoslavia, Rebecca Hamilton, Richard J. Goldstone
Articles in Law Reviews & Other Academic Journals
This article uses the recent judgment of the ICJ in Bosnia v. Serbia to highlight the potential problems that arise when international courts have to adjudicate on overlapping situations. It describes the dispute between the ICJ and the ICTY on the appropriate legal standard for the attribution of state responsibility, and finds that the ICJ’s approach in this case suggests that those keen to minimize the fragmentation of international law between adjudicative bodies should not overlook the need for consistency within those bodies.With regard to fact finding, this article raises serious concerns about the manner in which the ICJ relied …
Victims' Participation In The Investigations Of The International Criminal Court, Susana Sacouto, Katherine A. Cleary
Victims' Participation In The Investigations Of The International Criminal Court, Susana Sacouto, Katherine A. Cleary
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Challenges Facing Investment Disputes: Reconsidering Dispute Resolution In International Investment Agreements, Susan Franck
Challenges Facing Investment Disputes: Reconsidering Dispute Resolution In International Investment Agreements, Susan Franck
Contributions to Books
International investment and international investment agreements have experienced a particular level of growth in the past few decades. With that growth and the granting of affirmative dispute resolution rights to foreign investors, international investment conflict has become increasingly highlighted; and one particular methodology - namely investment treaty arbitration - has become particularly visible. Reliance on this single option for resolving conflict has a unique set of systemic implications. This chapter therefore takes a more systemic look at investment treaty conflict and, in an effort to provide an appropriate historical and doctrinal framework, approaches to dispute resolution broadly. It asks for …
The Gravity Threshold Of The International Criminal Court, Susana Sácouto, Katherine A. Cleary
The Gravity Threshold Of The International Criminal Court, Susana Sácouto, Katherine A. Cleary
Articles in Law Reviews & Other Academic Journals
From its inception, the world's first permanent International Criminal Court ("ICC" or "Court") was envisioned as a body that would preside over only those cases of most serious concern to the international community as a whole. Thus, the Court's subject matter jurisdiction is limited to the international crimes of genocide, crimes against humanity, war crimes, and the crime of aggression. Moreover, Article 17(1)(d) of the Rome Statute provides that the Court shall determine that a case is inadmissible where the case is not of sufficient gravity to justify further action by the Court. This so-called "gravity threshold" has played a …
First Prosecution In The United States For Torture Committed Abroad: The Trial Of Charles ‘Chuckie’ Taylor, Jr., Elise Keppler, Shirley Jean, J. Paxton Marshall
First Prosecution In The United States For Torture Committed Abroad: The Trial Of Charles ‘Chuckie’ Taylor, Jr., Elise Keppler, Shirley Jean, J. Paxton Marshall
Human Rights Brief
No abstract provided.
International Legal Updates, Matthew Solis, Jennifer Jaimes, Rukayya Furo, Ari Levin, Morgan E. Rog, Mahreen Gillani, Alex Cheng
International Legal Updates, Matthew Solis, Jennifer Jaimes, Rukayya Furo, Ari Levin, Morgan E. Rog, Mahreen Gillani, Alex Cheng
Human Rights Brief
No abstract provided.
Updates From The International Criminal Courts, Anna Katherine Drake, Andrea Mateus, Emily Pasternak, Rachel Katzman, Katherine Anne Cleary, Solomon Shinerock, Howard Shneider
Updates From The International Criminal Courts, Anna Katherine Drake, Andrea Mateus, Emily Pasternak, Rachel Katzman, Katherine Anne Cleary, Solomon Shinerock, Howard Shneider
Human Rights Brief
No abstract provided.
El Derecho Humano Al Medio Ambiente: El Caso De Los Pueblos Autóctonos , Rodrigo Dellutri
El Derecho Humano Al Medio Ambiente: El Caso De Los Pueblos Autóctonos , Rodrigo Dellutri
American University International Law Review
No abstract provided.
2007 In Iraq: The Surge And Benchmarks - A New Way Forward? , Darin E.W. Johnson
2007 In Iraq: The Surge And Benchmarks - A New Way Forward? , Darin E.W. Johnson
American University International Law Review
No abstract provided.
Rethinking The Political Future: An Alternative To The Ethno-Sectarian Division Of Iraq , Paul R. Williams, Matthew T. Simpson
Rethinking The Political Future: An Alternative To The Ethno-Sectarian Division Of Iraq , Paul R. Williams, Matthew T. Simpson
American University International Law Review
No abstract provided.
La Contribución Del Derecho Humano Internacional A La Protección Ambiental: Integrar Para Mejor Cuidar La Tierra Y La Humanidad, Edson Ferreira De Carvalho
La Contribución Del Derecho Humano Internacional A La Protección Ambiental: Integrar Para Mejor Cuidar La Tierra Y La Humanidad, Edson Ferreira De Carvalho
American University International Law Review
No abstract provided.
Improvement With Impunity: Development-Induced Displacement And The Guiding Principle 6(2)(C) Proportionality Test Applied To The Merowe Dam Project In Sudan, Trevor L. Gross
American University International Law Review
No abstract provided.
Three Keys For Rehabilitating And Stabilizing Haiti, Chris Logan
Three Keys For Rehabilitating And Stabilizing Haiti, Chris Logan
Sustainable Development Law & Policy
No abstract provided.
Editors ’ Note, Marcel De Armas, Maria Vanko
Editors ’ Note, Marcel De Armas, Maria Vanko
Sustainable Development Law & Policy
No abstract provided.
The Future Of The Eu Emissions Trading System, Erika Lennon
The Future Of The Eu Emissions Trading System, Erika Lennon
Sustainable Development Law & Policy
No abstract provided.
China’S Renewable Energy Law: Not Enough To Overcome China’S Energy And Environmental Problems, Nathan Borgford-Parnell
China’S Renewable Energy Law: Not Enough To Overcome China’S Energy And Environmental Problems, Nathan Borgford-Parnell
Sustainable Development Law & Policy
No abstract provided.
World News, Nathan Borgford-Parnell
World News, Nathan Borgford-Parnell
Sustainable Development Law & Policy
No abstract provided.
'Emaciated' Defense Or A Trend To Independence And Equality Of Arms In Internationalized Criminal Tribunals?, Richard J. Wilson
'Emaciated' Defense Or A Trend To Independence And Equality Of Arms In Internationalized Criminal Tribunals?, Richard J. Wilson
Newsletters & Other Publications
This short article gives an overview of recent developments in recognition of the right to effective defense in international criminal proceedings, with particular attention to new structures. The systems for provision of defense lawyers are examined in a case study of the Charles Taylor trial by the Special Court for Sierra Leone, sitting in The Hague, as well as the Bosnian War Crimes Chamber and the Special Tribunal for Lebanon.
Presentation: Naming The Unnamed: Intellectual Property Rights Of Women Artists From India, Ruchira Goswani, Karubakee Nandi
Presentation: Naming The Unnamed: Intellectual Property Rights Of Women Artists From India, Ruchira Goswani, Karubakee Nandi
American University Journal of Gender, Social Policy & the Law
No abstract provided.
The Importance Of Effective Investigation Of Sexual Violence And Gender-Based Crimes At The International Criminal Court, Susana Sacouto
The Importance Of Effective Investigation Of Sexual Violence And Gender-Based Crimes At The International Criminal Court, Susana Sacouto
Feminist Scholarship
INTRODUCTION: Several provisions in the Rome Statute of the International Criminal Court (ICC or the Court) indicate that the statute's drafters intended sexual violence and gender-based crimes to be given specific attention during the investigation of potential cases before the Court. For instance, Article 54(1)(b) requires that, in ensuring the "effective investigation and prosecution of crimes within the jurisdiction of the Court," the Prosecutor "take into account the nature of the crime, in particular where it involves sexual violence, gender violence or violence against children."' The Rome Statute also provides that States Parties, which are responsible for nominating and electing …
Prologue, Claudio Grossman
Prologue, Claudio Grossman
American University International Law Review
No abstract provided.
Introduction, Claudia Martin, Diego Rodríguez-Pinzón
Introduction, Claudia Martin, Diego Rodríguez-Pinzón
American University International Law Review
No abstract provided.
Los Derechos De Los Pueblos Indígenas Y La Protección Al Medio Ambiente Dentro Del Sistema Interamericano De Protección De Los Derechos Humanos, Rodrigo Durango Cordero
Los Derechos De Los Pueblos Indígenas Y La Protección Al Medio Ambiente Dentro Del Sistema Interamericano De Protección De Los Derechos Humanos, Rodrigo Durango Cordero
American University International Law Review
No abstract provided.
Spoiling Movi's River: Towards Recognition Of Persecutory Environmental Harm Within The Meaning Of The Refugee Convention , Carly Marcs
Spoiling Movi's River: Towards Recognition Of Persecutory Environmental Harm Within The Meaning Of The Refugee Convention , Carly Marcs
American University International Law Review
No abstract provided.
Introduction, Christina J. Sheetz, Matthew T. Simpson
Introduction, Christina J. Sheetz, Matthew T. Simpson
American University International Law Review
No abstract provided.