Law Commons^™

On War And Justice, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

Human Rights And State Despotism In Kenya: Institutional Problems, Makau Wa Mutua

Other Scholarship

No abstract provided.

Getting To Know The General: American Conceits About The Rule Of Law, Kenneth Anderson

Book Reviews

This essay reviews a book about General Manuel Noriega, the Panamanian strongman toppled by the Bush Sr. administration in 1989; Noriega was tried on drug charges in Miami and has spent many years in prison. This book examines Noriega's background and rise to power, involvement in drugs and politics in Central America, including the famous murder of Hugo Spadafora, and his trial in the United States. The book's author covered the trial for newspapers; the review's author monitored human rights in Panama in the two years prior to the US invasion and covered the invasion for human rights organizations.

The Reluctant Partner: Making Procedural Law For International Civil Litigation, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

Degrees Of Self-Determination In The United Nations Era, Frederic L. Kirgis

Scholarly Articles

None available.

Nationalism And The Right To Self-Determination: The Arab-Israeli Conflict, Malvina Halberstam

Articles

Self-determination is a slogan that has captured the imagination of people throughout the world. Numerous U.N. General Assembly resolutions have exalted self-determination, often above the fundamental rights specifically provided for in the U.N. Charter. Notwithstanding these resolutions, in practice, self-determination generally has been applied only to the dismemberment of colonial empires. Its universal application is neither possible nor desirable.

In the Arab-Israeli conflict, self-determination was never truly the issue. The conflict has been deliberately transformed into a claim for self-determination as a political tactic designed to gain the support of third world countries in the United Nations. The issues in …

Subsidiarity And/Or Human Rights, Daniel T. Murphy

Law Faculty Publications

The post-Maastricht world of the European Union is only about two years old. Within that new world, however, few concepts are as important, and yet as elusive or unsettled, as the doctrine of subsidiarity. On the other hand, the European Community has for many years evidenced concern over human rights. The purpose of this essay is to consider the implications of the concept of subsidiarity for human rights law and enforcement within the European Community and the European Union.

International Responsibility Of Public International Organizations And Their Member States, Christian R. Pitschas

LLM Theses and Essays

A public international organization is formed by international agreement made by states or other international organizations. This thesis examines the different types of international organizations and the requirements that must be met for the international organization to act under international law. When an international organization receives international rights and obligations, the international organization becomes an international person. This personality is analyzed and differentiated from that of a state. The granting of rights and obligations to an international organization also means that the organization will be liable for its actions and those of its organs for breaches international law. Member states …

Liability For Injurious Consequences To The Global Climate, Sudha Rp Rao

LLM Theses and Essays

Preservation of the environment is a major concern in the modern era. This paper explains the scientific basis of the global warning theory and the potential impacts of climate change on the environment. When regulating the causes of global warming, accountability and liability arise in the areas of both prevention of future emissions of green house gases into the atmosphere and remedial measures to clean up the damage that has already occurred. The responsibility for the costs in these areas are examined as well as the International Law Commission’s work on “Liability for Injurious Consequences Arising out of Acts not …

The Global Loss Of Biological Diversity: A Perspective, In The Context Of The Controversy Over Intellectual Property Rights, Ajay K. Sharma

LLM Theses and Essays

All nations have a stake in preserving biodiversity for ethical, medical, and economic reasons. This thesis discusses objections to the Convention on Biological Diversity and argues for establishing international agreements that set conservation standards to which all parties can be held accountable. These agreements should also include internationally accepted standards for the protection of intellectual property rights.

Legal Foundations And Institutional Framework Of The Monetary Union In Europe And In The United States, Johan Van Den Cruijce

LLM Theses and Essays

An economic and monetary union (EMU) is an area where there is complete freedom of movement of persons, goods, services, and capital. The financial markets in an EMU are completely integrated while the national currencies are conventional and have fixed exchange rates. Ultimately the national currencies may be replaced by a common currency and there will be one monetary policy. The EMU is considered to be the highest form of economic integration. This paper examines two examples of a monetary union; the first part focuses on the blueprint for a European monetary union as laid out in the Treaty on …

Liberalization Of India’S Trade And Investment Policies: Pitfalls And Advantages For U.S. Firms Doing Business In India, Sanjiv Verma

LLM Theses and Essays

A rich history of trade and commerce ties America to India. This paper examines the contemporary trade issues between America and India, particularly in light of recent economic reforms in India. It inquires into and analyzes the various advantages India can provide for US businesses as a foreign investment destination. Various barriers to trade between these two nations are identified, such as tariff and nontariff barriers, quota restrictions, and infrastructural and social barriers. This paper gives a brief overview of some of the recent economic policy changes in India, suggests legislative and policy improvements required to attract more US investments …

Prometheus Born: Shaping The Relationship Between Law And Economic Conduct, David J. Gerber

All Faculty Scholarship

No abstract provided.

Procedure For The Protection Of Civil Aircraft In Flight, Sompong Sucharitkul

Publications

This Article will propose rules, principles, and guidelines for nations to follow in order to protect civilian aircraft. Nations that destroy civilian aircraft must be held responsible for their actions regardless of whether the destruction was intentional. Two recent, notorious incidents stand out that require public attention and further in-depth investigation. This Article is intended to explore effective ways to prevent repetition of such incidents in the future and the litigation that frequently ensues.9 Accordingly, this Article will discuss two competing principles of international law: (1) possible intrusion of national territorial airspace; and (2) possible misreading of the path of …

Book Review: The Arbitration Mechanism Of The International Center For The Settlement Of Investment Disputes, Sompong Sucharitkul

Publications

No abstract provided.

Golden Gate University School Of Law To Offer Ll.M. In International Legal Studies

Press Releases

No abstract provided.

International Law And Civil Wars, Gregory H. Fox

Law Faculty Research Publications

No abstract provided.

Book Review: Aids In The World, 16 Hous. J. Int'l L. 709 (1994), Mark E. Wojcik

UIC Law Open Access Faculty Scholarship

No abstract provided.

Comment On Judge Joseph F. Weis, Jr., Service By Mail--Is The Stamp Of Approval From The Hague Convention Always Enough?, Doug Rendleman

Scholarly Articles

No abstract provided.

Forced Prostitution: Naming An International Offense, Nora V. Demleitner

Scholarly Articles

This paper presents an argument for recognizing “forced prostitution” as an international of- fense in its own right for which the procurers, brothel owners and managers, and financiers as well as the women’s customers can be held criminally liable. While the international debate has at- tempted to characterize forced prostitution as slavery, the term ”slavery” fails to evoke the images of all the violations that encompass forced prostitution. Were the United Nations and regional or- ganizations to acknowledge and label forced prostitution as an international crime, their member states would be required to enact domestic legislation outlawing and criminalizing it …

Wanyiri Kihoro Vs. Attorney General: New Insights On The Protection And Enforcement Of Fundamental Rights And Freedoms In Kenya, James T. Gathii

Faculty Publications & Other Works

No abstract provided.

State Succession And The International Financial Institutions: Political Criteria V. Protection Of Outstanding Financial Obligations, Paul Williams

Articles in Law Reviews & Other Academic Journals

No abstract provided.

State Succession To Debts And Assets: The Modern Law And Policy, Paul Williams, Jennifer Harris

Articles in Law Reviews & Other Academic Journals

When a state dissolves, or when territorial entities of a state break away and become independent states, those states and other members of the international community are faced with a host of legal questions concerning the continuation of the predecessor state’s treaty obligations, succession to the predecessor state’s membership in various international organizations, an the allocation of its debts and assets. This article addresses the legal rules governing the allocation of debts and assets among successor states, and in particular the role of the creditor states in formulating that allocation.

China And The Gatt Agreement On Government Procurement, John Linarelli

Scholarly Works

No abstract provided.

Relational Practices And The Marginalization Of Law: Informal Financial Practices Of Small Businesses In Taiwan, Jane Kaufman Winn

Articles

This article looks at one component of Taiwan's development experience, the informal financing techniques used by small businesses, to clarify the interaction between the formal Republic of China (ROC) legal system and the network structure of Taiwanese society. The ROC legal system has supported the economic development process directly by regulating economic activity, and indirectly by facilitating the networks of relationships that also regulate economic activity.

The relational structure of traditional, rural Chinese society has survived in a modified form in modem Taiwan, and this modem form selectively blends elements of the modem legal system, networks of relationships, and the …

Peace Vs. Accountability In Bosnia, Anthony D'Amato

Faculty Working Papers

Hovering over the peace negotiations in progress in former Yugoslavia is the international community's determination to bring to trial as war criminals those political and military leaders responsible for atrocities in Bosnia. The question clearly presented is that, however desirable the idea of war crimes accountability might appear in the abstract, pursuing the goal of a war crimes tribunal may simply result in prolonging a war of civilian atrocities. Is it not conceivable that, in return for securing a peace treaty, the UN officials may have extended some assurance to the leaders in former Yugoslavia that, one way or another, …

A Memorial For Bosnia: Framework Of Legal Arguments Concerning The Lawfulness Of The Maintenance Of The United Nations Security Council Arms Embargo On Bosnia And Herzegovina, Craig M. Scott, Francis Chang, Peter Copeland, Jasminka Kalajdzic

Articles & Book Chapters

No abstract provided.

The Death Of Treaty, Geoffrey R. Watson

Scholarly Articles

This Article explores the decline and fall of Treaty. Part I of the Article traces the origins and development of treaties. It argues that Treaty reached its political and doctrinal zenith in the nineteenth century, the "classical" era of international law, when diplomacy revolved around shifting bilateral treaty relations, and a state's promise was binding only if made in the context of a formal international agreement. Treaties were the centerpiece of a "contract" model of international relations. Part II explores the subsequent doctrinal disintegration of Treaty. It asserts that the traditional "contract" model of treaty doctrine has been challenged by …

Survival Of Rights Under The Nuclear Non-Proliferation Treaty: Withdrawal And The Continuing Right Of International Atomic Energy Agency Safeguards, Antonio F. Perez

Scholarly Articles

In developing its thesis, this Article will review the history and purpose of IAEA safeguards and their relation to the NPT, and then show that special inspections in the DPRK represent a transitional moment for the IAEA safeguards system.

This Article will then consider two different arguments in favor of a continuing right to inspections even against a state exercising its right to withdraw from the NPT to escape its safeguards obligations: the first identifies circumstances under which a state would not have the right to withdraw from the NPT; and the second asserts that the effects of withdrawal from …

International Abductions, Low Intensity Conflicts, And State Sovereignty: A Moral Inquiry, Fernando R. Tesón

Scholarly Publications

What are the moral principles bearing on operations such as an international abduction? International abductions are part of a larger category of international acts referred to as "low-intensity" operations. Can these acts be morally justified in time of peace? Can one nation, for example, rightfully claim that abductions of persons who are suspected of horrendous crimes by agents of another country violate the first country's sovereignty? Does the interest of the other country in bringing such persons to trial outweigh that sovereignty claim? If not, what interest of the second country could possibly justify the abduction? In any case, are …