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- David M. Smolin (1)
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- Katherine Peterson (1)
- Lawrence J. Trautman Sr. (1)
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- Mark J Calaguas (1)
- Matthew A Susson (1)
- Nicholas A Fromherz (1)
- Omar E Garcia-Bolivar (1)
- Rifat Azam Dr. (1)
- Ryan S. Lincoln (1)
- Sharo M Atmeh (1)
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Articles 1 - 27 of 27
Full-Text Articles in Law
International Law And Economic Sanctions Imposed By The United Nations Security Council, Marco A. Velásquez-Ruiz
International Law And Economic Sanctions Imposed By The United Nations Security Council, Marco A. Velásquez-Ruiz
Marco A. Velásquez-Ruiz
Nowadays and concretely after the end of Cold War, it is quite visible that the activity of the Security Council is showing a variation to the traditional conception of the international system, as the increase of actions starting from the invocation of Chapter VII of the Charter of the United nations was accompanied by new controversial outcomes. This paper intends to describe several legal issues related to the imposition of economic sanctions by the Security Council, in order to show that even if it appears that such organ of the United Nations has a wide margin of appreciation when maintaining …
Legal Routes To Undue Influence: Vulnerabilities In The Korean National Human Rights Commission Act, Douglas Maclean
Legal Routes To Undue Influence: Vulnerabilities In The Korean National Human Rights Commission Act, Douglas Maclean
Douglas MacLean
The National Human Rights Commission of Korea has operated in the midst of considerable political and governmental opposition since its creation. Heralded early on as the strongest national human rights institute in Asia, the government bureaucracy and conservative political forces have challenged the organization's operation from the very beginning. The inauguration of the Lee administration brought opposition forces into power, bringing drastic cuts and drawing both domestic and international criticism over alleged political interference with the organization's operation. Missing from the political accounts of the situation, however, is an examination of the structural vulnerabilities to government influence built into the …
Going Medieval: Targeted Killing, Self-Defense, And The Jus Ad Bellum Regime, Craig Martin
Going Medieval: Targeted Killing, Self-Defense, And The Jus Ad Bellum Regime, Craig Martin
Craig Martin
The U.S. targeted killing policy employs drone-launched missiles to kill suspected terrorists and insurgents in countries in which the U.S. is not clearly involved in an armed conflict. It has justified the program on two bases: that the U.S. is in an armed conflict with Al Qaeda and associated organizations; and that the U.S. can engage in the strikes as an exercise of self-defence. These strikes constitute a use of force against the states in which the targets are located, in jus ad bellum terms, and the claim to the right of self-defence is similarly reliance upon a jus ad …
Has The Time Arrived For Permanent Investment Tribunals?, Omar E. Garcia-Bolivar
Has The Time Arrived For Permanent Investment Tribunals?, Omar E. Garcia-Bolivar
Omar E Garcia-Bolivar
This article is about investment dispute resolution under permanent investment tribunals. It contains critiques to investment arbitration. It also contains suggestions for possible functioning of permanent investment tribunals.
Cash Or Credit: The Importance Of Financial Sector Stability In Rule Of Law Operations, Katherine E. Peterson
Cash Or Credit: The Importance Of Financial Sector Stability In Rule Of Law Operations, Katherine E. Peterson
Katherine Peterson
“Rule of Law” missions occur in a variety of circumstances, each mission differing from the last by location, context, extent of operations, participants, or a combination of all of these things and more. These operations can occur during, or immediately after, an armed conflict, intra- or interstate, a natural disaster, or other destabilizing or destructive event. The United States, international organizations, and other developed countries play a significant role in rebuilding these states so that they may one day achieve “Rule of Law.” The U.S. Military defines Rule of Law as “a principle of governance in which all persons, institutions …
General And Complete Disarmament: Not Just For Nuclear Weapons States Anymore, David S. Jonas
General And Complete Disarmament: Not Just For Nuclear Weapons States Anymore, David S. Jonas
David S. Jonas
No abstract provided.
Environments, Externalities And Ethics: Compulsory Multinational And Transnational Corporate Bonding To Promote Accountability For Externalization Of Environmental Harm, Matthew A. Susson
Environments, Externalities And Ethics: Compulsory Multinational And Transnational Corporate Bonding To Promote Accountability For Externalization Of Environmental Harm, Matthew A. Susson
Matthew A Susson
Developing nations often look to their bounty of natural resources or willing labor as a means of attracting international investors. While national and local governments frequently perceive the arrival of a multinational corporate presence as a boon to their economy, the potential for government instability, ineffectiveness or corruption may facilitate environmentally exploitive corporate practices. Furthermore, residents of the subject nation may be left without proper legal recourse. Legislators have made various efforts in both the United States and abroad to propound Corporate Codes of Conduct to address such concerns, but despite laudable intentions, features of the increasingly global economy “accentuate …
Threats Escalate: Corporate Information Technology Governance Under Fire, Lawrence J. Trautman
Threats Escalate: Corporate Information Technology Governance Under Fire, Lawrence J. Trautman
Lawrence J. Trautman Sr.
In a previous publication The Board’s Responsibility for Information Technology Governance, (with Kara Altenbaumer-Price) we examined: The IT Governance Institute’s Executive Summary and Framework for Control Objectives for Information and Related Technology 4.1 (COBIT®); reviewed the Weill and Ross Corporate and Key Asset Governance Framework; and observed “that in a survey of audit executives and board members, 58 percent believed that their corporate employees had little to no understanding of how to assess risk.” We further described the new SEC rules on risk management; Congressional action on cyber security; legal basis for director’s duties and responsibilities relative to IT governance; …
Africa, Mark J. Calaguas
Africa, Mark J. Calaguas
Mark J Calaguas
The Africa Committee's contribution to the 2011 Year-in-Review issue of the American Bar Association Section of International Law's quarterly journal, The International Lawyer.
Mere Ritual Or Gradual Change: Why Has Asia Failed To Establish Regional Human Rights Institutions Thus Far?, Buhm Suk Baek
Mere Ritual Or Gradual Change: Why Has Asia Failed To Establish Regional Human Rights Institutions Thus Far?, Buhm Suk Baek
Buhm Suk Baek
This paper reviews all the major initiatives to establish regional human rights institutions (RHRIs) in Asia and concludes that, for the last twenty years, Asian governments’ efforts to create RHRIs have been ritualistic, with non-legally binding promises and temporal discussions, but without any concrete actions. After analyzing the major initiatives, this paper identifies five main factors that have hindered the establishment of a regional human rights system in Asia. It concludes that those obstacles result not from a different understanding of fundamental human rights under the already existing international human rights legal system, but mainly from political considerations. Thus, this …
Rhris, Nhris And Human Rights Ngos, Buhm Suk Baek
Rhris, Nhris And Human Rights Ngos, Buhm Suk Baek
Buhm Suk Baek
This paper reviews the characteristics of human rights NGOs and their evolving role within the existing international and regional human rights mechanisms, and further, in Asia, the way in which they have worked together for better human rights practices and the establishment of regional human rights institutions (RHRIs) in this region. It also examines the role of human rights NGOs in strengthening human rights protection systems at the national level, especially in cooperation with national human rights institutions (NHRIs). My broad argument is that not only have they contributed to strengthening the international human rights system, but have also been …
The Medium Foreseeing The Future: The Role Of Nhris In Creating Rhris In The Asia-Pacific Region, Buhm Suk Baek
The Medium Foreseeing The Future: The Role Of Nhris In Creating Rhris In The Asia-Pacific Region, Buhm Suk Baek
Buhm Suk Baek
This paper explores the ways in which NHRIs can be a key player for the establishment of RHRIs in this region by addressing some of the concerns and inhibitions of Asian states, while furthering the broad policies and aims of international human rights law. In examining the unique strengths and weaknesses of NHRIs, this paper also explores the role that NHRIs can play in the creation, administration and furtherance of international human rights law, thus illuminating the particular role of such actors to create RHRIs in the Asian human rights context. This paper broadly maintains that as intermediate institutions, NHRIs …
Superpower Responsibility For State Recognition: Charting A Course For Nagorno-Karabakh, Amit Chhabra
Superpower Responsibility For State Recognition: Charting A Course For Nagorno-Karabakh, Amit Chhabra
Amit Chhabra
Nations routinely refrain from intervening in one another’s domestic affairs out of mutual respect for territorial integrity and international comity. On this basis, the international community has since 1994 determined to not recognize the Nagorno-Karabakh region (NKR) as independent from the Republic of Azerbaijan, with the understanding that this view might change if an OSCE -sponsored negotiation effort determines that NKR should gain de jure independence rather than obtain a semi-autonomous status within Azerbaijan. By contrast, some of the world’s leading powers have quickly recognized or dismissed similar independence struggles, where doing so was guided by their own strategic interests …
Словарь-Справочник По Международному Праву, Leonid G. Berlyavskiy, Elena Shmatova
Словарь-Справочник По Международному Праву, Leonid G. Berlyavskiy, Elena Shmatova
Leonid G. Berlyavskiy
The dictionary on International Law containing more hundred most widespread in science of International Law, the international law-making, diplomatic practice of terms is offered to attention of students. On a plan of authors, those terms are included in the dictionary, that formal determination meets in international legal acts, first of all. The International Law dictionary includes as actually a legal nomenclature, and the most widespread, sometimes included in texts of documents in the original, without transfer and a value explanation Latin words and the expressions widely used in the international law-making
Global Taxation Of Cross Border E-Commerce Income, Rifat Azam Dr.
Global Taxation Of Cross Border E-Commerce Income, Rifat Azam Dr.
Rifat Azam Dr.
Amazon sells tangibles, intangibles and services worldwide that totaled $34 Billion USD in 2010. At eBay.com more than 97 million active users globally meet to sell and buy online in total amount of $62 Billion USD in 2010. Global clicks at Google.com contributed substantially to its $10.5 Billion USD revenues in Q4 2011. In the year 2010 Americans spent around $173 billion USD shopping online. Global e-commerce turnover is expected to grow up to $963 Billion USD in 2013. These figures illustrate the importance of e-commerce in the global economy today and tomorrow. The taxation of e-commerce as well is …
Too Rough A Justice: The Ethiopia-Eritrea Claims Commission And Civil Liability For Claims For Rape Under International Law, Ryan S. Lincoln
Too Rough A Justice: The Ethiopia-Eritrea Claims Commission And Civil Liability For Claims For Rape Under International Law, Ryan S. Lincoln
Ryan S. Lincoln
The developments in international law prohibiting rape during armed conflict have grown at a rapid pace in recent decades. Whereas rape had long been considered an inevitable by-product of armed conflict, evolution in international humanitarian law (IHL) has relegated this conception mostly to the past. The work of international criminal tribunals has been at the forefront of this change, developing the specific elements of the international crime of rape, and helping to change the perception of rape in international law. Violations of IHL, however, also give rise to civil liability. Despite the advances with respect to rape made in the …
Regulation Not Prohibition: The Comparative Case Against The Insurable Interest Doctrine, Sharo Michael Atmeh
Regulation Not Prohibition: The Comparative Case Against The Insurable Interest Doctrine, Sharo Michael Atmeh
Sharo M Atmeh
American law requires an insurable interest—a pecuniary or affective stake in the subject of an insurance policy—as a predi-cate to properly obtaining insurance. In theory, the rule prevents both wagering on individual lives and moral hazard. In practice, the doctrine is avoided by complex insurance transaction structuring to effectuate both origination and transfers of insurance by individuals without an insurable interest. This paper argues that it is time to ab-andon the insurable interest doctrine. As both the English and Aus-tralian experiences indicate, elimination of the insurable interest doctrine will have little detrimental pecuniary effect on the insurance industry, while freeing …
Editorial: Derecho Internacional Y Proceso De Paz En Colombia, Marco A. Velásquez-Ruiz
Editorial: Derecho Internacional Y Proceso De Paz En Colombia, Marco A. Velásquez-Ruiz
Marco A. Velásquez-Ruiz
No abstract provided.
Protección Jurídica Del Software, Juan Lapenne
Crimes Against Humanity - Understanding The Impact Of The Rome Statute Of The International Criminal Court, Cameron C. Russell
Crimes Against Humanity - Understanding The Impact Of The Rome Statute Of The International Criminal Court, Cameron C. Russell
Cameron C Russell
There is a widespread view that the Rome Statute setting up the International Criminal Court was a leap forward for ending impunity for those guilty of violating international criminal law. The impact of the Rome Statute on the jurisprudential status of crimes against humanity, however, was not as revolutionary as is often thought. This article seeks to understand the legal imperfections and achievements of the Rome Statute in relation to crimes against humanity, so as to assess its impact more accurately, and highlight legal problems still facing the jurisprudence of crimes against humanity today. The article does this through a …
The Debate, David M. Smolin, Elizabeth Bartholet
The Debate, David M. Smolin, Elizabeth Bartholet
David M. Smolin
This chapter is taken from a forthcoming book on Intercountry Adoption, edited by Judith L. Gibbons and Karen Smith Robati and forthcoming in June of 2012. The chapter constitutes a debate between Professor Elizabeth Bartholet and Professor David Smolin. Each independently was given three questions to answer, and then one opportunity to respond to the other's answers to those three questions, all with strict space limitations. The debate illustrates some of the starkly different perspectives regarding the law, policies, and facts relevant to intercountry adoption.
A New And Improved Energy Reality—It's No Pipedream, Daniel Hare
A New And Improved Energy Reality—It's No Pipedream, Daniel Hare
Daniel Hare
In this paper, I propose an original policy solution to the complicated issue of permitting and regulatory review for cross-border natural resource projects to allow for a smoother, quicker approval process for certain types of projects. I have specifically designed this new procedure so as to focus on political compromise and minimize political partisanship, while instead concentrating on achieving results. By modifying the current regulatory standard to a more streamlined model, deserving cross-border natural resource projects can swiftly gain approval, yet environmental, economic, foreign policy, national security, and other significant concerns will still receive the attention and thorough evaluation they …
Preventive Detention In The Law Of Armed Conflict: Throwing Away The Key?, Diane Webber
Preventive Detention In The Law Of Armed Conflict: Throwing Away The Key?, Diane Webber
Diane Webber
More than ten years after 9/11, the “clear legal framework for handling alleged terrorists” promised by President Obama in 2009 is still undeveloped and “the country continues to hold suspects indefinitely, with no congressionally approved mechanism for regular judicial review.” Should terrorists be treated as criminals, involving traditional criminal law methods of detection, interrogation, arrest and trial? Or should they be treated as though they were involved in an armed conflict, which would involve detention and trial in accordance with a completely different set of rules and procedures? Neither model is a perfect fit to deal with twenty-first century terrorism. …
Review Of The Nuremberg Military Tribunals And The Origins Of International Criminal Law, Benjamin J. Keele
Review Of The Nuremberg Military Tribunals And The Origins Of International Criminal Law, Benjamin J. Keele
Benjamin J Keele
Reviews Jon Heller's The Nuremberg Military Tribunals and the Origins of International Criminal Law.
The Legacy Of Rux V. Republic Of Sudan And The Future Of The Judicial War On Terror, Chad G. Marzen
The Legacy Of Rux V. Republic Of Sudan And The Future Of The Judicial War On Terror, Chad G. Marzen
Chad G. Marzen
The Republic of Sudan’s material support of terrorism has contributed to the loss of innocent American lives. In 2007, a group of more than 50 surviving family members of 17 United States sailors killed in the October 12, 2000 U.S.S. Cole bombing obtained a $7,956,344 judgment against the Republic of Sudan for its material support of Al-Qaeda that enabled Al-Qaeda to carry out the attack. The award included damages for the sailors’ lost wages and earning potential pursuant to the Death on the High Seas Act, but not for emotional loss. The United States Congress responded by enacting the Justice …
Is An International Treaty Needed To Fight Corruption And The Narco-Insurgency In Mexico?, Stuart S. Yeh
Is An International Treaty Needed To Fight Corruption And The Narco-Insurgency In Mexico?, Stuart S. Yeh
Stuart S Yeh
Mexican government corruption prevents effective law enforcement against drug traffickers and the violence associated with drug trafficking. This article reviews the nature and scope of government corruption, including a first-hand account by a Mexican state police commander, then suggests how and why an international treaty establishing United Nation (UN) inspectors who are empowered to investigate corruption at all levels of government could be effective in deterring corruption and restoring the rule of law in the U.S.–Mexico border region. The article suggests that the Rome Statute provides a model for establishing this type of treaty and a precedent for all of …
A Call For Stricter Appellate Review Of Decisions On Forum Non Conveniens, Nicholas A. Fromherz
A Call For Stricter Appellate Review Of Decisions On Forum Non Conveniens, Nicholas A. Fromherz
Nicholas A Fromherz
Forum non conveniens has been criticized as anachronistic and unfair. Critics say that it amounts to little more than economic protectionism, serving as a pretext for the dismissal of suits brought against domestic corporate defendants. Even if one does not view the doctrine as inherently flawed, it is undeniable that its application has been extremely uneven owing to the broad discretion exercised by district courts ruling on the issue. Troubling in any circumstances, the misapplication of forum non conveniens is all the more so because of the high stakes pertaining to the matter. When a case is dismissed on forum …