Law Commons^™

Case Note: The “Assigned Residence” Case: H.C. 7015/02 Ajuri Et Al. V. Idf Commander, Reuven Ziegler

Dr. Reuven (Ruvi) Ziegler

The case discussed in this Note is surely one of the most important cases rendered by the Israeli High Court of Justice (hereinafter, HCJ) regarding judicial review of administrative acts performed by a Military Commander (hereinafter, MC) in areas subject to belligerent occupation based on a legal analysis of international humanitarian law (the Fourth Geneva Convention). The Court's ruling on the matter in question highlighted the fact that, while State Courts in other countries continue to refrain from putting measures undertaken by MCs of their respective armed forces under legal scrutiny, the HCJ sustains a longstanding tradition of such scrutiny; …

Three Governors: Herman Talmadge, The Georgia Supreme Court And The Gubernatorial Election Of 1946, Lucian E. Dervan

Lucian E Dervan

Herman Talmadge, who died March 21, 2002, was a governor, senator, and Georgia icon who controlled state politics for much of the last half of the 20th century. While many events in Talmadge’s life deserve attention, one event in particular stands out amongst the trials and tribulations, victories and scandals in this long American political life. In 1946, the Georgia gubernatorial election brought a state government to its knees, a state Supreme Court to the height of its power and Talmadge into the national spotlight as a revolver toting aspiring governor.

International Justice, James George

James P. George

No abstract provided.

A “Brave New World” Of Defamation And Libel On The Web, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

The Protection Of Women And Children In Islamic Law And International Humanitarian Law: A Critique Of John Kelsay”, Hamdard Islamicus, Xxv (3) (July-September 2002), Pp. 69-82, Muhammad Munir Dr.

Dr. Muhammad Munir

Islam introduced the most humane rules in warfare before other religions or faiths could do it. Most authors acknowledge this fact, however, John Kelsay, Fredrick Donner, and few others doubt Islam's enormous contribution to bring in humanity in warfare. These authors assume that Islam has learned humanitarian principles, such as the principle of distinction, from the pre-Islamic practices; that Imam Al-Shafi'i allowed the killing of all women whether combatant or non-combatant; that even the Prophet Muhammad (peace be upon him) allowed the killing of women and children; and that women and children can be enslaved. This work completely rebuts all …

Current Developments: The Sixth Session (Part Two) And Seventh Session Of The Conference Of The Parties To The Framework Convention On Climate Change, David A. Wirth

David A. Wirth

No abstract provided.

Revelations Of Pre-September 11 Warnings Require Patriot Act Repeal, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

People Want A Say, Next, A Global Parliament, Andrew Strauss, Richard Falk

Andrew L. Strauss

No abstract provided.

International Decisions. European Communities -- Measures Affecting Asbestos And Asbestos-Containing Products, David A. Wirth

David A. Wirth

No abstract provided.

International Parallel Litigation – A Survey Of Conventions And Model Laws, James George

James P. George

No abstract provided.

Getting To Yes With Terrorists, Marc John Randazza

Marc John Randazza

No abstract provided.

International Environmental Law In The Courts Of The Netherlands, André Nollkaemper

André Nollkaemper

No abstract provided.

Three Conceptions Of The Integration Principle In International Environmental Law, André Nollkaemper

André Nollkaemper

No abstract provided.

Review Of Security Council Decisions By National Courts, André Nollkaemper, Erika De Wet

André Nollkaemper

No abstract provided.

Presiding Over The Ex-President: A Look At Superior Responsibility In The Light Of The Kosovo Indictment, Jackson N. Maogoto

Jackson Nyamuya Maogoto

Individual criminal responsibility, and command responsibility in particular, are important because, to deter human rights abuses, potential perpetrators must perceive prosecution as a possible consequence of their actions. Historically, the doctrine of command responsibility has been an important tool to hold accountable leaders who plan, participate in, or acquiesce in large-scale human rights abuses. The scope of the command responsibility doctrine remains one of the most important issues in prosecuting human rights atrocities. The scope of the doctrine determines the degree to which a leader can insulate himself from criminal culpability when the criminal acts were committed by others but …

The European Court Of Justice's Revolution: Its Effects And The Conditions For Its Consummation. What Europe Can Learn From Fiji, Theodor Jr Schilling

Theodor JR Schilling

This article will first try to develop a strictly positivist view of the relationship between the Community and Member State legal systems. Starting from the assumption that the Community legal system is based on a revolution by the Court of Justice it will claim that this revolution does not (yet) apply to the Member State legal systems. In doing so, it will distinguish between an external, pluralistic, and an internal, monistic view of the systems in question. Taking the external point of view, this article will deny that there is, in our day, a single unified system comprising both the …

Visiting Professor: Harvard Law School, David Wirth

David A. Wirth

No abstract provided.

Immigration, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Immigration Litigation In Federal Court, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Undoing The Done: Implications Of The Denial Of Prisoner Of War Status To Guantanamo Bay Detainees, Rosemary Rayfuse, Kara Hand

Rosemary Rayfuse

No abstract provided.

Amici Curiae Urge The U.S. Supreme Court To Consider International Human Rights Law In Juvenile Death Penalty Case, Connie De La Vega

Connie de la Vega

This article is an adaptation of an amici curiae brief filed in support of the petition for writ of certiorari in Beazley v. Johnson, 242 F.3d 248 (5th Cir. 2001), cert. denied, 534 U.S. 945 (2001), application of stay of execution denied, 533 U.S. 969 (2001). It asserts that the prohibition against the execution of persons who were under eighteen years of age at the commission of the crime is not only customary international law, it has attained the status of a jus cogens peremptory norm of international law which must be taken into account by the court. It also …

Trade, Constitutionalism And Human Rights: An Overview, Frank J. Garcia

Frank J. Garcia

No abstract provided.

Legal Control Of International Terrorism: A Policy-Oriented Assessment, M. Bassiouni

M. Cherif Bassiouni

No abstract provided.

Compliance Control In International Environmental Law: Traversing The Limits Of The National Legal Order, André Nollkaemper

André Nollkaemper

No abstract provided.

Book Review (Reviewing Vera Gowlland-Debbas Ed., United Nations Sanctions In International Law (2001) And Paul Conlon, United Nations Sanctions Management: A Case Study Of The Iraq Sanctions Committee, 1990-1994 (2000)), Bartram Brown

Bartram Brown

No abstract provided.

St. Cyr Or Insincere: The Strange Quality Of Supreme Court Victory, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Novas Formas De Comércio Internacional: O Comércio Eletrônico - Desafios Ao Direito Tributário E Econômico., Ivo T. Gico

Ivo Teixeira Gico Jr.

O artigo traz algumas questões jurídicas pertinentes à nova realidade econômica introduzida pela disseminação do comércio eletrônico. Partindo de uma análise dos aspectos internacionais do comércio eletrônico e as principais questões que, à época, angustiavam os juristas pátrios e estrangeiros. A abordagem, ora

zetética e ora dogmática, revela a novidade do tema e os primeiros passos necessários para a sua exploração jurídica.

The paper has some relevant legal issues about the new economic reality introduced by the spread of electronic commerce. From an analysis of international aspects of electronic commerce and the main issues that, at that time, distressed native …

Post-Colonialism, Gender, And Customary Injustice: Widows In African Societies, Uche Ewelukwa

Uche Ewelukwa

By amending discriminatory laws and practices related to the treatment of widows in Africa, widows can gain new rights based on evolving international human rights standards on equality. In Nigeria, both common law and statutes perpetuate discrimination against widows by subjecting them to dehumanizing treatment. The current laws ignore the deep social changes that have been present in Africa since the onset of colonialism. Due to the piecemeal way in which African legal systems were constructed, patently discriminatory laws are routinely upheld by the courts. This is done despite constitutional provisions espousing the principles of equality and non-discrimination, thereby creating …

Coercive Appeasement: The Flawed International Response To The Serbian Rogue Regime, Paul R. Williams, Karina M. Waller

Paul Williams

In April 1987, Slobodan Milosevic addressed a crowd of Kosovo Serbs outside the Kosovo parliamentary building who had gathered to protest the treatment of the Serb minority by the Kosovar Albanians. Milosevic proclaimed to the crowd that “[n]obody has the right to beat Serbs.” With this simple phrase, Milosevic began a long campaign characterized by the use of ethno-nationalism and ethnic aggression to accomplish his objective of a mono-ethnic greater Serbia. During the course of his war of ethnic aggression, Milosevic was predictably aided in his efforts by radical Serbian intellectuals, nationalist paramilitary organizations, the Yugoslav National Army (JNA), Croatian …

Revisiting The Balkan Crisis: A Un Question; The European Connection And The Us Solution, Jackson N. Maogoto

Jackson Nyamuya Maogoto

This Article examines the conflict in the former Yugoslavia which gave birth to the International Criminal Tribunal for the former Yugoslavia (ICTFY). The ICTFY established the beginning of a new pattern in the genuine international implementation of international criminal and humanitarian law and the move back to the international model inaugurated at Nuremberg which had in the Cold War era been boldly supplanted by national prosecutions. The Article seeks to show that even this ad hoc tribunal was the by-product of international realpolitik. It was born out of a political desire to redeem the international community’s conscience rather than the …