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Georgia Journal Of International And Comparative Law Editorial And Managing Boards 2002-2003, Georgia Journal Of International And Comparative Law Oct 2002

Georgia Journal Of International And Comparative Law Editorial And Managing Boards 2002-2003, Georgia Journal Of International And Comparative Law

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No abstract provided.


Symposium On The Ilc's State Responsibility Articles: Introduction And Overview, Daniel M. Bodansky, John R. Crook Oct 2002

Symposium On The Ilc's State Responsibility Articles: Introduction And Overview, Daniel M. Bodansky, John R. Crook

Scholarly Works

In August 2001, the International Law Commission (ILC) adopted its “Draft Articles on the Responsibility of States for Internationally Wrongful Acts,” bringing to completion one of the Commission's longest running and most controversial studies. On December 12, 2001, the United Nations General Assembly adopted Resolution 56/83, which “commend[ed the articles] to the attention of Governments without prejudice to the question of their future adoption or other appropriate action.”

The ILC articles address the fundamental questions: when does a state breach an international obligation and what are the legal consequences? Rather than attempting to define particular “primary” rules of conduct, the …


Securing Justice For Women In The United Nations International War Crimes Tribunals And Beyond, Kelly Dawn Askin Mar 2002

Securing Justice For Women In The United Nations International War Crimes Tribunals And Beyond, Kelly Dawn Askin

Edith House Lectures

Askin is a fellow at the Carr Center for Human Rights Policy at Harvard University as well as a legal consultant to the United Nations and other world agencies in the areas of international humanitarian and criminal law. She has previously served as acting executive director of the War Crimes Research Office at the Center for Human Rights and Humanitarian Law, Washington College of Law, American University. She teaches primarily in the areas of international humanitarian law and international gender issues. She is the author of War Crimes Against Women: Prosecution in International War Crimes Tribunals and chief editor of …


Hemispheric Integration And The Politics Of Regionalism: The Free Trade Area Of The Americas (Ftaa), Christopher M. Bruner Jan 2002

Hemispheric Integration And The Politics Of Regionalism: The Free Trade Area Of The Americas (Ftaa), Christopher M. Bruner

Scholarly Works

This article examines negotiations toward a Free Trade Area of the Americas (FTAA). It seeks to discern what key negotiating parties want out of such an agreement, and the means through which they have sought to achieve their disparate goals.

The United States and Brazil, in particular, have employed complex negotiating strategies in order to gain theupper hand - strategies prompted by a variety of economic and political dynamics at domestic andsubregional levels. These dynamics include the significant pressure exerted on U.S. policy-makers by constituent groups sensitive to globalization's impact on labor and the environment, as well as the challenge …


A Common Private Law For Europe, Alan Watson Jan 2002

A Common Private Law For Europe, Alan Watson

Scholarly Works

A satisfactory private law for Europe is not primarily to be sought for in the most common solutions, themselves the result of borrowing. Nor in established rules, themselves the result of longevity, and lack of governmental incentive in innovating. Nor should it be sought in intermediate positions of various mixed systems, themselves the results of the features just above described. Rather it is to be found in the need for authority. This means that a common law for Europe requires the acceptance of a uniform system of adjudicating differences within a standard framework of the necessary sources of law. Authority …


Intervention In Roman Law: A Case Study In The Hazards Of Legal Scholarship, Peter A. Appel Jan 2002

Intervention In Roman Law: A Case Study In The Hazards Of Legal Scholarship, Peter A. Appel

Scholarly Works

In this Article, I offer a case study of one of the hazards presented by legal scholarship in law reviews as it has evolved over the last century. The standard law review article typically begins with an overview of the author's subject, frequently involving a historical perspective or a chronology of the development of a doctrine. This background section stems from a number of causes, but many attribute it to the fact that most law reviews are student-edited. In order to evaluate an author's argument, students need a brief course in, say, the basics of trade law and pollution control …


The United States Of America And The International Criminal Court, Diane Marie Amann, M.N.S. Sellers Jan 2002

The United States Of America And The International Criminal Court, Diane Marie Amann, M.N.S. Sellers

Scholarly Works

The United States of America has not ratified the treaty establishing a permanent international criminal court, and it is highly un-likely to do so. This is not simply a question of delay caused by cumbersome ratification procedures; rather, it reflects deep-seated opposition by the U.S. executive branch and by many members of Congress. The United States voted against the Rome Statute of the International Criminal Court when it was adopted on July 17, 1998, at the U.N. Diplomatic Conference of Plenipotentiaries. President William J. Clinton approved signature of the statute on the last day that a state, by signing, could …