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Full-Text Articles in Law
David P. Forsythe On Non-State Actors And Human Rights. Edited By Philip Alston. Oxford, Uk: Oxford University Press, 2005. 350pp., David P. Forsythe
David P. Forsythe On Non-State Actors And Human Rights. Edited By Philip Alston. Oxford, Uk: Oxford University Press, 2005. 350pp., David P. Forsythe
Human Rights & Human Welfare
No abstract provided.
Seen And Not Heard?: Children's Objections Under The Hague Convention On International Child Abduction, Anastacia M. Greene
Seen And Not Heard?: Children's Objections Under The Hague Convention On International Child Abduction, Anastacia M. Greene
University of Miami International and Comparative Law Review
No abstract provided.
"Tools For Success": The Trips Agreement And The Human Right To Essential Medicines, Melissa Mcclellan
"Tools For Success": The Trips Agreement And The Human Right To Essential Medicines, Melissa Mcclellan
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Kathleen J. Hancock On Breaking Silence, The Case That Changed The Face Of Human Rights By Richard Alan White. Washington, Dc: Georgetown University Press, 2004. 320pp., Kathleen J. Hancock
Kathleen J. Hancock On Breaking Silence, The Case That Changed The Face Of Human Rights By Richard Alan White. Washington, Dc: Georgetown University Press, 2004. 320pp., Kathleen J. Hancock
Human Rights & Human Welfare
No abstract provided.
David P. Forsythe On The United States And The Rule Of Law In International Affairs By John F. Murphy. Cambridge: Cambridge University Press, 2004. 367pp., David P. Forsythe
David P. Forsythe On The United States And The Rule Of Law In International Affairs By John F. Murphy. Cambridge: Cambridge University Press, 2004. 367pp., David P. Forsythe
Human Rights & Human Welfare
A review of:
The United States and the Rule of Law in International Affairs by John F. Murphy. Cambridge: Cambridge University Press, 2004. 367pp.
Tax Discrimination In The Nafta Bloc: The Impact Of Tax And Trade Agreements On The Cross-Border Trade In Services, Catherine Brown
Tax Discrimination In The Nafta Bloc: The Impact Of Tax And Trade Agreements On The Cross-Border Trade In Services, Catherine Brown
Dalhousie Law Journal
This paper considers the impact of international agreements in disciplining tax discrimination affecting cross-bordertrade in services. It addresses three questions. First, how do tax and trade agreements interact in the discipline of tax measures affecting cross-border service providers? Second, does this interaction result in tax discrimination against foreign service providers in the NAFTA bloc? Third, if so, what remedies, if any, are available to cross-border service providers with respect to tax measures that are discnminatory? The paper concludes with illustrative examples that service providers in the NAFTA bloc, depending on the applicable treaty are subject to differing tax treatments, are …
Aaron Peron Ogletree On Indigenous Peoples In International Law (Second Edition) By S. James Anaya. Oxford: Oxford University Press, 2004. 396pp., Aaron Peron Ogletree
Aaron Peron Ogletree On Indigenous Peoples In International Law (Second Edition) By S. James Anaya. Oxford: Oxford University Press, 2004. 396pp., Aaron Peron Ogletree
Human Rights & Human Welfare
A review of:
Indigenous Peoples In International Law (Second Edition) by S. James Anaya. Oxford: Oxford University Press, 2004. 396pp.
Historical And Social Perspectives On The Regulation Of The International Trade In Archaeological Objects: The Examples Of Greece And India, Neil Brodie
Vanderbilt Journal of Transnational Law
Two empirical studies of the trade in cultural material have shown that strong export controls work. Between 1820 and 1870, pre-unification Italian states with strong export controls in place retained more of their cultural heritage (measured in terms of paintings and antique books) than states with weak or no controls. Thefts from cultural institutions in the Czech Republic rose sharply after 1989, the year the "Iron Curtain" was raised; though this example also highlights the curtailment of civil liberties that might be necessary for strong export controls to work and that are probably unacceptable in a liberal society. '
This …
The Bearded Bandit, The Outlaw Cop, And The Naked Emperor: Towards A North-South (De)Construction Of The Texts And Contexts Of International Law's (Dis)Engagement With Terrorism, Ikechi Mgbeoji
Osgoode Hall Law Journal
For over one hundred years, the definition of the term "terrorism" has been subjected to political propaganda. In addition, dubious self-righteous indignation or outrage, often expressed by various states or prominent politicians at the occurrence of acts of terror have often masked the participation of those same states in international terrorism. In this endless cycle of finger pointing, accusations, denials, and counter-accusations, the problematic of what constitutes terror in legal parlance has degenerated into an exercise in name-calling. This sad spectacle frustrates objective and sincere attempts at fashioning out legal and policy framework to deal with the scourge of terrorism. …
The Legality Of Torture As A Means To An End V. The Illegality Of Torture As A Violation Of Jus Cogens Norms Under Customary International Law, Stephanie L. Williams
The Legality Of Torture As A Means To An End V. The Illegality Of Torture As A Violation Of Jus Cogens Norms Under Customary International Law, Stephanie L. Williams
University of Miami International and Comparative Law Review
No abstract provided.
Subjects Of International Law: A Power-Based Analysis, Guido Acquaviva
Subjects Of International Law: A Power-Based Analysis, Guido Acquaviva
Vanderbilt Journal of Transnational Law
In this Article, the Author challenges the definition of the term "state" that is commonly accepted in legal scholarship as the basis for assessing whether an entity is a subject of international law. By analyzing a number of cases that do not fit into the "traditional" model--including the Holy See, Napoleon, and the Confederacy--the Author reaches the conclusion that the only essential element of a subject of international law is its sovereignty. An entity is sovereign when it is able effectively to assert that it is not subordinate to another authority: territory and population are therefore not essential attributes of …
Protecting Indigenous Peoples, Paul J. Magnarella
Protecting Indigenous Peoples, Paul J. Magnarella
Human Rights & Human Welfare
A review of:
The Origins of Indigenism: Human Rights and the Politics of Identity by Ronald Niezen. Berkeley: University of California Press, 2003. 272pp.
and
Indigenous Peoples and the State: The Struggle for Native Rights by Bradley Reed Howard. Dekalb, IL: Northern Illinois University Press, 2003. 252pp.
Re-Establishing The Sisseton-Wahpeton Oyate's Reservation Boundaries: Building A Legal Rationale From Current International Law, Angelique A. Eaglewoman
Re-Establishing The Sisseton-Wahpeton Oyate's Reservation Boundaries: Building A Legal Rationale From Current International Law, Angelique A. Eaglewoman
American Indian Law Review
No abstract provided.
Immunity For Artworks On Loan? A Review Of International Customary Law And Municipal Anti-Seizure Statutes In Light Of The "Liechtenstein" Litigation, Matthias Weller
Immunity For Artworks On Loan? A Review Of International Customary Law And Municipal Anti-Seizure Statutes In Light Of The "Liechtenstein" Litigation, Matthias Weller
Vanderbilt Journal of Transnational Law
Are we witnessing the emergence of a legal principle of immunity for artworks on loan from abroad? This Article analyzes to what extent such a principle exists or is about to come into being and what its legal potential might be. To this end, Part II examines one of the leading cases about artworks on loan, the Liechtenstein case, and compares it to other controversies about loaned artworks to identify possible signs of a development in court practice towards a principle of immunity for artworks on loan. Against the background of the legal weaknesses of a yet inchoate concept of …
International Legal Dimensions Of Art And Cultural Property, Jeffrey A. Schoenblum
International Legal Dimensions Of Art And Cultural Property, Jeffrey A. Schoenblum
Vanderbilt Journal of Transnational Law
The market for art and cultural property is international.' Demand is intense and not particularly local in terms of consumer preference. Supply responds to this intense international demand. Like most anything else, art finds its way to whomever is prepared to pay for it. Regulation affects how it arrives at its ultimate destination, but generally does not prevent it from getting there...
The symposium's contributors have sought to address the complex legal and policy issues raised by an explosive global market in art and cultural property. These articles will prove invaluable in the shaping of the international legal response to …
Challenges To International Law Enforcement Cooperation For The United States In The Middle East And North Africa: Extradition And Its Alternatives, David P. Warner
Challenges To International Law Enforcement Cooperation For The United States In The Middle East And North Africa: Extradition And Its Alternatives, David P. Warner
Villanova Law Review
No abstract provided.
Legitimacy, Justice, And The Future Of Africa, J. Peter Pham
Legitimacy, Justice, And The Future Of Africa, J. Peter Pham
Human Rights & Human Welfare
A review of:
Human Rights, the Rule of Law, and Development in Africa edited by Paul Tiyambe Zeleza and Philip J. McConnaughay. Philadelphia: University of Pennsylvania Press, 2004. 308 pp.
A Life In The Realm Of Rights: A Man And A Movement’S History, Tom J. Farer
A Life In The Realm Of Rights: A Man And A Movement’S History, Tom J. Farer
Human Rights & Human Welfare
A review of:
Taking Liberties: Four Decades in the Struggle for Human Rights by Aryeh Neier. New York: PublicAffairs. 400pp.
The International Law Of Environmental Warfare: Active And Passive Damage During Armed Conflict, Eric T. Jensen
The International Law Of Environmental Warfare: Active And Passive Damage During Armed Conflict, Eric T. Jensen
Vanderbilt Journal of Transnational Law
One of the constant elements of warfare is its degrading effects on the environment. Many writers blame this destruction of the environment on inadequate standards in the international law of environmental warfare. To remedy this shortfall, the international law of environmental warfare should be categorized as either passive or active environmental warfare. Active environmental warfare requires the intentional "use" of the environment as a weapon of waging armed conflict. Passive environmental warfare includes acts not specifically designed to "use" the environment for a particular military purpose but that have a degrading effect on the environment. Passive environmental warfare violates international …
The "War On Terror" And The "War Of Terror": Nomadic Multitudes, Aggressive Incumbents, And The "New" International Law: Prefactory Remarks On Two "Wars", Upendra Baxi
Osgoode Hall Law Journal
This article contrasts and compares the war on terror and the war of terror in the wake of, and before, 11 September 2001. The philosophical underpinnings involved in defining "terrorism" are analyzed in the context of the United States' war on terrorism and related wars of terrorism, such as the 1998 World Islamic Council's fatwa. Both wars fall within the wording of recent United Nations' Resolutions that address the adverse impact of terrorism on Human Rights. The understanding of the meaning of "terrorism" by those promoting the war on terrorism provides a powerful political tool, notwithstanding effects on Human Rights …
International Animal Rights: Speciesism And Exclusionary Human Dignity, Kyle Ash
International Animal Rights: Speciesism And Exclusionary Human Dignity, Kyle Ash
Animal Law Review
The primary goal of this paper is to act as a heuristic device, to suggest an unconventional but practical perspective on the evolution of international law. Upon surveying discourse on the history of international law, texts of treaties, and declarations and writings of influential philosophers of law and morality, an antiquated perspective of humanity is apparent. A convention in international law, and a reflection of a common idea which feeds the foreboding trend of how humans relate to the planet, treats humanity as distinctively separate from the Earth’s biodiversity. Though environmental law is beginning to recognize the necessity of conserving …
The Third World, International Law, And The "Post-9/11 Era": An Introduction, Obiora Chinedu Okafor
The Third World, International Law, And The "Post-9/11 Era": An Introduction, Obiora Chinedu Okafor
Osgoode Hall Law Journal
No abstract provided.
The War On Terror And Iraq In Historical Perspective, Antony Anghie
The War On Terror And Iraq In Historical Perspective, Antony Anghie
Osgoode Hall Law Journal
This article critically examines the doctrine of pre-emption articulated in the National Security Strategy and the arguments made in favour of the proposition that it represents an emerging norm of international law and is compatible with the UN Charter. It focuses in particular on the possible implications with the UN Charter. It focuses in particular on the possible implications of this doctrine for Third-World states. It also examines the war in Iraq and pre-emption may be seen as replicating, in certain respects, a much earlier colonial history.
Assessing Claims Of A New Doctrine Of Pre-Emptive War Under The Doctrine Of Sources, James Thuo Gathii
Assessing Claims Of A New Doctrine Of Pre-Emptive War Under The Doctrine Of Sources, James Thuo Gathii
Osgoode Hall Law Journal
After examining state practice and opinio juris on the preemptive use of force in the last few years, I conclude that the prohibition of preemptive war where there is no armed attack or an instant, overwhelming threat has not changed. Under customary international law, this prohibition of preemptive use of force is a customary international law norm of extremely high normativity and as such state practice inconsistent confirms the norm particularly in the absence of evidence of its widespread and representative repudiation. Second, under the doctrine of sources, state practice inconsistent with a norm of customary international law or persistent …
Newness, Imperialism, And International Legal Reform In Our Time: A Twail Perspective, Obiora Chinedu Okafor
Newness, Imperialism, And International Legal Reform In Our Time: A Twail Perspective, Obiora Chinedu Okafor
Osgoode Hall Law Journal
No abstract provided.
International Law: The Compatibility Of The Rome Statute Of The International Criminal Court With The U.S. Bilateral Immunity Agreements Included In The American Servicemembers Protection Act, Eric M. Meyer
Oklahoma Law Review
No abstract provided.
Dancing With The Devil: Prosecuting West Africa's Warlords: Building Initial Prosecutorial Strategy For An International Tribunal After Third World Armed Conflicts, David M, Crane
Case Western Reserve Journal of International Law
No abstract provided.