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Full-Text Articles in Law
Bolivia And Coca: Law, Policy, And Drug Control, Melanie R. Hallums
Bolivia And Coca: Law, Policy, And Drug Control, Melanie R. Hallums
Vanderbilt Journal of Transnational Law
International drug trafficking looms large in the future of international relations. Although drug production and consumption can no longer be labeled as problems belonging to a few discrete nations, some countries' identities in the international arena are still shaped by their perception as drug-producing nations. Bolivia is one such country. Coca and cocaine have dominated its modern history and will continue to dominate its future. Bolivia's experience, however, is representative of not only other Andean nations' struggles with the drug epidemic, but of the international community's struggle with drug trafficking.
This Note sheds light on the legal tools to address …
Ecological Theory And International Relations, Dennis Pirages
Ecological Theory And International Relations, Dennis Pirages
Indiana Journal of Global Legal Studies
No abstract provided.
The Globalization Of Public Health: Emerging Infectious Diseases And International Relations, David Fidler
The Globalization Of Public Health: Emerging Infectious Diseases And International Relations, David Fidler
Indiana Journal of Global Legal Studies
In this article, Professor Fidler explains how the processes of
globalization have altered traditional distinctions between national and
international public health. Professor Fidler begins the article by
familiarizing the reader with globalization, reminding the reader that
globalization refers to the various factors that infringe upon a sovereign
state's ability to control what occurs in its territory. Next, the article defines
and discusses emerging infectious diseases (EIDs) and examines the
contributions made by globalization to the emergence and reemergence of
EIDs. The article then develops a "pathology of the globalization of public
health ", which helps the reader to understand better …
The Helms-Burton Act: The Effect Of International Law On Domestic Implementation , W.Fletcher Fairey
The Helms-Burton Act: The Effect Of International Law On Domestic Implementation , W.Fletcher Fairey
American University Law Review
No abstract provided.
A Noble Sacrifice? Jus Ad Bellum And The International Community's Gamble In Chechnya, Peter Daniel Dipaola
A Noble Sacrifice? Jus Ad Bellum And The International Community's Gamble In Chechnya, Peter Daniel Dipaola
Indiana Journal of Global Legal Studies
No abstract provided.
International Law, Human Rights, And Latcrit Theory, Elizabeth M. Iglesias
International Law, Human Rights, And Latcrit Theory, Elizabeth M. Iglesias
University of Miami Inter-American Law Review
No abstract provided.
Ilsa Journal Of International & Comparative Law, Ilsa Journal Of International & Comparative Law
Ilsa Journal Of International & Comparative Law, Ilsa Journal Of International & Comparative Law
ILSA Journal of International & Comparative Law
The arms embargo has deprived Bosnia-Hercegovina of the right of legitimate self-defense. It has caused the destruction of the country, deepened the war and caused genocide.
Ilsa Journal Of International & Comparative Law, Ilsa Journal Of International & Comparative Law
Ilsa Journal Of International & Comparative Law, Ilsa Journal Of International & Comparative Law
ILSA Journal of International & Comparative Law
The term self-determination still teeters on the borders of evolving legal precept, expression of political will, and universal human aspiration. The concept never quite settles down into a black letter law pronouncement or a clearly understood political dynamic.
Ilsa Journal Of International & Comparative Law, Ilsa Journal Of International & Comparative Law
Ilsa Journal Of International & Comparative Law, Ilsa Journal Of International & Comparative Law
ILSA Journal of International & Comparative Law
In 1969, Congress passed the National Environmental Policy Act (NEPA)' with the objective of causing governmental agencies to consider environmental impact in their decision-making. Questions arose early regarding who had standing to initiate judicial review under the Act, and what the proper scope was for consideration of environmental effects of agency actions.
Hong Kong's Reintegration Into The People's Republic Of China, Anne M. Seibel --Executive Articles Editor, Stacy A. Feld --Editor In Chief
Hong Kong's Reintegration Into The People's Republic Of China, Anne M. Seibel --Executive Articles Editor, Stacy A. Feld --Editor In Chief
Vanderbilt Journal of Transnational Law
Every other year, the Vanderbilt Journal of Transnational Law presents a symposium on a current topic in international law and practice. This year's symposium, "Hong Kong's Reintegration into the People's Republic of China: Constitutional Issues, Policy Approaches & Human Rights Concerns and Economic & Legal Implications, was held at Vanderbilt University School of Law on March 28-29, 1997. Our goal was to provide a forum in which leading authorities on Hong Kong and China could come together and discuss constitutional, human rights, legal, and economic concerns surrounding the reintegration of Hong Kong into China.
The results of this Symposium have …
Anticipating Hong Kong's Constitution From A U.S. Legal Perspective, John M. Rogers
Anticipating Hong Kong's Constitution From A U.S. Legal Perspective, John M. Rogers
Vanderbilt Journal of Transnational Law
This Article explores the possible nature of Hong Kong's Constitution after July, 1997, and discusses alternative ways of interpreting and enforcing the constitution. The author first proposes three definitions for the word "constitution'" (1) how political power is actually "constituted," (2) a written document and (3) a referent for disputes. The author then explains Hong Kong's unusual constitutional status where Hong Kong will be governed under a written constitution the Basic Law. and at the same time, many aspects of the Basic Law will be "guaranteed" by an international agreement, the Joint Declaration. The author proceeds to evaluate the means …
South Africa's 1996 Choice On Termination Of Pregnancy Act, Audrey E. Haroz
South Africa's 1996 Choice On Termination Of Pregnancy Act, Audrey E. Haroz
Vanderbilt Journal of Transnational Law
South Africa's Bill of Rights is one of the most liberal and elaborate in the world. Consequently, South Africa is at the forefront of defining human rights for individuals, especially women. Concurrently, international law is slowly undergoing a reconceptualization of human rights documents and guarantees to define a more definitive, protective, and pro-active body of rights for women.
By upholding the constitutionality of the 1996 Abortion Act, South Africa can define its own Bill of Rights in liberal terms and ensure that the South African Constitution continues to receive a broad interpretation. A welcome result would be the improvement of …
Proposals To Address Germany's Status As A "Land Of Immigration", Anne M. Seibel
Proposals To Address Germany's Status As A "Land Of Immigration", Anne M. Seibel
Vanderbilt Journal of Transnational Law
International law permits each individual State to determine who under its laws are citizens of the nation. Germany's decision at the beginning of this century to adhere to the jus sanguinis model of citizenship continues to shape the country's immigration and citizenship laws. This model predicates citizenship on one's parents rather than one's place of birth. Accordingly, "ethnic Germans" who have returned to Germany since the end of the Cold War era are considered to possess a right to German citizenship. In contrast, naturalization procedures are rigorous for foreign residents, including guestworkers and asylum seekers, many of whom are long-time …
Women's Rights In International Law, Valerle A. Dormady
Women's Rights In International Law, Valerle A. Dormady
Vanderbilt Journal of Transnational Law
This Note contains a detailed review of state responses to the Platform for Action produced at the United Nations' Fourth World Conference on Women. The Author finds that this consensus was reached on most of the proposals outlined in the Platform for Action. Certain proposals, however, regarding reproductive and Inheritance issues, were subject to a great deal of dispute during the drafting of the Platform for Action, and many countries ultimately registered reservations as to these proposals. While the news reports of the Fourth World Conference on Women focused on the lobbying activities of both Islamic countries and Catholic countries, …
Neither Free Nor Fair: The 1996 Bosnian Elections And The Failure Of The U.N. Election-Monitoring Mission, Christopher A. Riley
Neither Free Nor Fair: The 1996 Bosnian Elections And The Failure Of The U.N. Election-Monitoring Mission, Christopher A. Riley
Vanderbilt Journal of Transnational Law
The international community faced a difficult challenge after the Dayton Peace Accords ended the civil war in Bosnia. Free and fair elections became an essential component to establishing a democratic government in the war-torn country. The United Nations and the Organization for Security and Cooperation in Europe responded by carrying out Annex 3 of the Peace Accords, which called for such elections. The resultant election-monitoring mission in Bosnia, however, was unsuccessful The elections were held under improper conditions. Therefore, the Bosnian people lack confidence in the democratic process, which is necessary for long-term democracy.
International Law In Mexican Courts, Jorge Cicero
International Law In Mexican Courts, Jorge Cicero
Vanderbilt Journal of Transnational Law
Recognizing the increasing importance of international law in Mexico, this Article addresses the actual and potential uses of international law in Mexican courts. The Article reviews the ways in which the Mexican system already ensures the judicial consideration of international undertakings, as well as areas of possible improvements. The Article first considers the role and status of international law in the Mexican legal order, including the domestic status of international treaties and agreements, as well as the interaction between national and international norms. Next, the Article focuses on ways to ensure the consideration of international legal questions by Mexico's high …
Anti-Personnel Mines And Peremptory Norms Of International Law: Argument And Catalyst, R. J. Araujo
Anti-Personnel Mines And Peremptory Norms Of International Law: Argument And Catalyst, R. J. Araujo
Vanderbilt Journal of Transnational Law
Anti-personnel mines have evolved into the military device of choice in many regional conflicts across the world. The author commences his analysis of this development by considering the impact of anti-personnel mines on civilian populations and the reasons historically articulated for their use. After evaluating their relative costs and benefits, the author proceeds to analyze the problem of anti-personnel mines under the principles of international law. First, the author considers legal principles regarding the permissible use of force by combatants, generally referred to as jus in bello. Next, the author evaluates the use of anti-personnel mines under jus in bello …
Peace And The Press: Media Rules During U.N. Peacekeeping Operations, Jennifer Lee
Peace And The Press: Media Rules During U.N. Peacekeeping Operations, Jennifer Lee
Vanderbilt Journal of Transnational Law
In recent years, U.N. peacekeeping operations have become an increasing focus of international military action and media coverage. While the military and the media have maintained a precarious balance in the United States between the military's objective of operational success and the media's call for uncensored reporting, the evolution and growing importance of U.N. peacekeeping offers new considerations to this balance. This Note examines the ability of the United Nations to affect the balance between the military and the media through the implementation of U.N. media rules during peacekeeping operations. This Note begins by reviewing the history of media coverage …
Preface, Laurelyn E. Douglas
Preface, Laurelyn E. Douglas
Vanderbilt Journal of Transnational Law
The symposium, HONG KONG'S REINTEGRATION INTO THE PEOPLE'S REPUBLIC OF CHINA: CONSTITUTIONAL ISSUES, POLICY APPROACHES & HUMAN RIGHTS CONCERNS, AND ECONOMIC & LEGAL IMPLICATIONS, was held at the Vanderbilt University School of Law on March 28-29. 1997. Featuring presentations by diverse speakers from a variety of places and perspectives, the symposium addressed a broad range of issues. Topics ranged from comparative constitutional law to human rights and practical business concerns. While differences emerged, it was clear that fully understanding any one area requires knowledge of the others: the viability of markets may well depend upon the validity of documents proclaiming …
Does Russia Need A Securities Law?, Greg Lumelsky
Does Russia Need A Securities Law?, Greg Lumelsky
Northwestern Journal of International Law & Business
The question in the title of this article is not necessarily rhetorical. Perhaps a more appropriate inquiry is, does Russia need its current securi- ties law?' The response to the titular question is, as I will argue, clearly yes. The answer to the second question is to a large extent negative. Given the prevailing economic conditions in Russia, the course of enterprise pri- vatization, and the principal institutions shaping Russian capital markets, there is good reason to think that rather than assisting the growth and en- trenchment of a market in securities, much of the current Russian securities legislation will …
Mexico's Legal Regime Over Its Marine Spaces: A Proposal For The Delimitation Of The Continental Shelf In The Deepest Part Of The Gulf Of Mexico, Jorge A. Vargas
Mexico's Legal Regime Over Its Marine Spaces: A Proposal For The Delimitation Of The Continental Shelf In The Deepest Part Of The Gulf Of Mexico, Jorge A. Vargas
University of Miami Inter-American Law Review
No abstract provided.
International Maritime Boundaries: Political, Strategic And Historical Considerations, Bernard H. Oxman
International Maritime Boundaries: Political, Strategic And Historical Considerations, Bernard H. Oxman
University of Miami Inter-American Law Review
No abstract provided.
Claiming A Global Identity: Latino/A Critical Scholarship And International Human Rights, Celina Romany
Claiming A Global Identity: Latino/A Critical Scholarship And International Human Rights, Celina Romany
University of Miami Inter-American Law Review
No abstract provided.
Civil And Political Rights-An Introduction, Berta E. Hernández-Truyol
Civil And Political Rights-An Introduction, Berta E. Hernández-Truyol
University of Miami Inter-American Law Review
No abstract provided.
Trade-Based Constitutionalisms: The Framework For Universalizing Substantive International Law?, Brian F. Fitzgerald
Trade-Based Constitutionalisms: The Framework For Universalizing Substantive International Law?, Brian F. Fitzgerald
University of Miami International and Comparative Law Review
No abstract provided.