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International Law

1995

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Articles 1 - 30 of 478

Full-Text Articles in Law

Sources Of International Law, Louis B. Sohn Dec 1995

Sources Of International Law, Louis B. Sohn

Scholarly Works

To summarize, States can agree on international law begin made in any way they wish. Once they agree on a method, the matter is over. As I have pointed out, every few y ears we invent a new method; there is no end to ingenuity of human beings. by the year 2000, there might be one or two more methods. We are still applying the 19th century rule that international law is made by the community of states, but in every generation the community has been able to invent new methods for crystallizing international law. We finally have accepted the …


Basic Documents - Fifth Asean Summit: Introductory Note, Sompong Sucharitkul Dec 1995

Basic Documents - Fifth Asean Summit: Introductory Note, Sompong Sucharitkul

Publications

No abstract provided.


Raise The Yellow Submarine! Subafilms And Extraterritorial Application Of The Copyright Act, Michael T. Crowley Dec 1995

Raise The Yellow Submarine! Subafilms And Extraterritorial Application Of The Copyright Act, Michael T. Crowley

Federal Communications Law Journal

Protecting United States industry from the costs of overseas pirating is complex without an enforceable bilateral copyright agreement. In fact, the U.S. loses billions of dollars to acts of piracy abroad every year. Yet, the Ninth Circuit destroyed a potential check against overseas piracy in Subafilms, Ltd. v. MGM-Pathe Communs. Co. when it ruled that the U.S. Copyright Act does not prohibit piracy abroad. After a discussion of relevant case law surrounding extraterritorial application of the Copyright Act, the Author of this Note criticizes the Subafilms decision and proposes changes to the current language contained in the Copyright Act.


Reflections On Regional Human Rights Law, Gabriel M. Wilner Dec 1995

Reflections On Regional Human Rights Law, Gabriel M. Wilner

Scholarly Works

The principal purpose of the Colloquium, as can be seen from the great attention given to the papers presented by the second panel, was to discuss the uses of customary international human rights law in the defense of human rights before national courts. More generally, these discussions focused on the effectiveness of customary international human rights rules in influencing legislative and policy-making, administrative decisions and, particularly, judicial adjudication, at international and national levels. The initial and wider question of the feasibility of using custom as a source of human rights rules formed the underlying aspects of the debates in the …


Application Of International Water Law To Transboundary Groundwater Resources, And The Slovak-Hungarian Dispute Over Gabcikovo-Nagymaros, Gabriel Eckstein Dec 1995

Application Of International Water Law To Transboundary Groundwater Resources, And The Slovak-Hungarian Dispute Over Gabcikovo-Nagymaros, Gabriel Eckstein

Faculty Scholarship

The growth in global population and economic development has resulted in tremendous pressures on existing sources of fresh water. Human water use over the past three centuries increased by a factor of thirty-five and is growing by four to eight percent annually. Coupled with recurring international disputes over water resources, poor water management, and the realization that water is an indispensable but finite resource, these trends have propelled the use and management of transboundary groundwater resources to the forefront of legal debate.

Until recently, matters relating to groundwater resources were relatively ignored in the context of international law applicable to …


The International Implications Of Tax Reform, Reuven Avi-Yonah Nov 1995

The International Implications Of Tax Reform, Reuven Avi-Yonah

Articles

This article examines the U.S. tax consequences of the use of derivative instruments in international financing transactions. The outline focuses in large part on the inconsistent U.S. tax treatment that results &om the use of various derivative financial instruments in cross-border financing transactions and the resulting implications for U.S. withholding taxes on ordinary equity and debt investments.


The Foreign Amici Dilemma, Stephen A. Plass Nov 1995

The Foreign Amici Dilemma, Stephen A. Plass

BYU Law Review

No abstract provided.


Risky Reform, David A. Wirth, Ellen Silbergeld Oct 1995

Risky Reform, David A. Wirth, Ellen Silbergeld

David A. Wirth

No abstract provided.


The United Nations And The Promotion And Protection Of The Rights Of Women: How Well Has The Organization Fulfilled Its Responsibility?, Geraldine A. Del Prado Oct 1995

The United Nations And The Promotion And Protection Of The Rights Of Women: How Well Has The Organization Fulfilled Its Responsibility?, Geraldine A. Del Prado

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Norplant And The New Paradigm Of International Population Policy, James G. Connell Iii Oct 1995

Norplant And The New Paradigm Of International Population Policy, James G. Connell Iii

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.


Freedom Of Information And The Eu Data Protection Directive, James Maxeiner Oct 1995

Freedom Of Information And The Eu Data Protection Directive, James Maxeiner

All Faculty Scholarship

The EU Data Protection Directive attempts to balance protection of privacy and freedom of information acquisition. It does this by authorizing Member States to provide exemptions and derogations in their individual legislation.


Francovich: Light At The End Of The Marshall Tunnel, Rene Valladares Oct 1995

Francovich: Light At The End Of The Marshall Tunnel, Rene Valladares

University of Miami International and Comparative Law Review

No abstract provided.


E Visas: An Analysis Of The Legislative History And Proposed Governing Regulations, Hedayat Tahbaz Oct 1995

E Visas: An Analysis Of The Legislative History And Proposed Governing Regulations, Hedayat Tahbaz

University of Miami International and Comparative Law Review

No abstract provided.


Actions Needed For Lifting The U.S. Trade Embargo Against Cuba, Matias F. Travieso-Diaz Oct 1995

Actions Needed For Lifting The U.S. Trade Embargo Against Cuba, Matias F. Travieso-Diaz

University of Miami International and Comparative Law Review

No abstract provided.


The Flexible Doctrine Of Spoliation Of Evidence; Cause Of Action, Defense, Evidentiary Presumption And Discovery Sanction, Robert L. Tucker Oct 1995

The Flexible Doctrine Of Spoliation Of Evidence; Cause Of Action, Defense, Evidentiary Presumption And Discovery Sanction, Robert L. Tucker

Akron Law Faculty Publications

No abstract provided.


Introduction: International Environmental Law And Agencies: The Next Generation Symposium, Alfred C. Aman Oct 1995

Introduction: International Environmental Law And Agencies: The Next Generation Symposium, Alfred C. Aman

Indiana Journal of Global Legal Studies

No abstract provided.


The Role Of Multilateral Finance And The Environment: A View From The World Bank, Andrew Steer, Jocelyn Mason Oct 1995

The Role Of Multilateral Finance And The Environment: A View From The World Bank, Andrew Steer, Jocelyn Mason

Indiana Journal of Global Legal Studies

Dr. Steer and Mr. Mason begin by noting that since fundingfor

the Rio Earth Summit agreements has not been forthcoming,

multilateralfinanciailn stitutions (MFIs) have taken responsibilityf or

advancing the environmental agenda set forth at the Summit. Dr.

Steer and Mr. Mason note that MFIs furnish three crucial functions

in implementing the global environmental agenda. First, MFIs are

able to target investments in developing countries that involve

important environmental issues. Second, MFIs are able to support

policy reforms within developing countries to ensure environmental

standards and issues are properly addressed. Finally, MFIs can

multiply a small amount offunding into a significant …


International Law, Industrial Location, And Pollution, Duane Chapman, Jean Agras, Vivek Suri Oct 1995

International Law, Industrial Location, And Pollution, Duane Chapman, Jean Agras, Vivek Suri

Indiana Journal of Global Legal Studies

The dominant position of economists on trade and environment is that

increasing trade raises living standards, which provide the economic

basis for reduced pollution. Professors Chapman, Agras, and Suri

present a perspective that raises very different points. First, the dramatic

growth of manufacturing in East Asia for global markets is

based entirely (or nearly so) on the importation of processed

pollution-intensive raw materials. For a typical product in this global

system, a U.S. consumer purchasing an Asian product made from

imported resources benefits from a lower price and a cleaner local

environment; however, energy use and pollution associated with the …


Institutional Aspects Of International Governance, Elisabeth Zoller Oct 1995

Institutional Aspects Of International Governance, Elisabeth Zoller

Indiana Journal of Global Legal Studies

Professor Elisabeth Zoller discusses the domain and the methods of internationalg overnance. In PartI , she addresses the notion of the "international community." Professor Zoller argues that the international community is not really a community at all, but several "intertangled communities" with common interests. These common interests emerged as a result of several worldwide events, such as World War I and the Great Depression. The author asserts that common interests among nation states and priority setting are the two prerequisites necessary for international governance. In Part II, the authore xamines the methods of internationalg overnance, beginning with the proposition that …


Introduction: Indiana Journal Of Global Legal Studies Immigration Project Oct 1995

Introduction: Indiana Journal Of Global Legal Studies Immigration Project

Indiana Journal of Global Legal Studies

No abstract provided.


Customary (And Not So Customary) International Environmental Law, Daniel Bodansky Oct 1995

Customary (And Not So Customary) International Environmental Law, Daniel Bodansky

Indiana Journal of Global Legal Studies

In this article, Professor Bodansky examines the creation and importance of customary international law. He suggests that the debate over the legal status of any given norm may be misplaced Instead, he suggests that international lawmakers should spend their time and energy incorporating norms, regardless of their true status, into "concrete treaties and actions." The author begins his discussion by providing a working definition of customary international law. He asserts that such law can be based not just on uniformities of state behavior, as is traditionally held, but also on regularities in behavior. Thus, customary international law can be formed …


Enforcement And The Success Of International Environmental Law, Mary Ellen O'Connell Oct 1995

Enforcement And The Success Of International Environmental Law, Mary Ellen O'Connell

Indiana Journal of Global Legal Studies

Professor O'Connell discusses the tradtional methods used for international law "enforcement," and she argues that international law is generally obeyed Its enforcement is based primarily on compliance, not enforcement. Accordingly, the author argues against using international enforcement mechanisms to enforce international environmental law. Instead, she posits that domestic courts should be used for international environmental law enforcement, however, certain obstacles, such as sovereign immunity, the doctrine of standing, and the principle of forum non conveniens, must be overcome. Professor O'Connell argues that it may be possible to overcome many of these court-made obstacles to enforcing international law through domestic courts. …


The Puzzling Relationship Between Trade And Environment: Nafta, Competitiveness, And The Pursuit Of Environmental Welfare Objectives, Ileana M. Porras Oct 1995

The Puzzling Relationship Between Trade And Environment: Nafta, Competitiveness, And The Pursuit Of Environmental Welfare Objectives, Ileana M. Porras

Indiana Journal of Global Legal Studies

The North American Free Trade Agreement (NAFTA) is often claimed to be a "promising beginning" for the reconciliation of trade and environment. Professor Porras, however, suggests that the form that "reconciliation" takes in NAFTA is extremely problematic. Harmonization of standards to facilitate the free flow of trade is a familiar trade goal. NAFTA's provisions regarding environmental standards, however, are not a straightforward requirement to harmonize standards. Rather, NAFTA recognizes state autonomy in standard setting, on the one hand, while requiring a form of upward harmonization, on the other. According to Professor Porras, the result of such an arrangement is the …


International Environmental Law And The "Bottom-Up" Approach: A Review Of The Desertification Convention, Kyle W. Danish Oct 1995

International Environmental Law And The "Bottom-Up" Approach: A Review Of The Desertification Convention, Kyle W. Danish

Indiana Journal of Global Legal Studies

The media was once filled with images of encroaching deserts and

starving populations. Attention has since shifted to other issues, but

the problems remain. Desertification is acute not only in familiar

desert regions such as the Sahara, but in regions such as the Sahelian

and Other drylands which comprise nearly thirty-five percent of the

earth's total land area. Mr. Danish analyzes the Desertification

Convention of 1995, discussing both the Convention's efforts to

address the environmental degradation and the Convention's impact

on international notions of the state, crafting large-scale responses,

and generating centralized regulation. This Convention employs a

"bottom-up" approach; it …


Liberal Nationalism By Yael Tamir, Ralph F. Gaebler Oct 1995

Liberal Nationalism By Yael Tamir, Ralph F. Gaebler

Indiana Journal of Global Legal Studies

In this review, Mr. Gaebler addresses the claim that nationalism can supply a sense of community to those who live in liberal societies. He concludes that nationalism is fundamentally incompatible with the liberal values of individualism and tolerance, but that the argument presented in Liberal Nationalsim provides a useful critique of liberalism's cultural and psychological deficits. He suggests that neo-Aristotelian ethics offers a better description of liberal community than that afforded by nationalism.


Some Lessons For Cuba From The Legal Changes In Eastern Europe, Matias F. Travieso-Diaz, Stephan M. Bleisteiner Oct 1995

Some Lessons For Cuba From The Legal Changes In Eastern Europe, Matias F. Travieso-Diaz, Stephan M. Bleisteiner

University of Miami International and Comparative Law Review

No abstract provided.


Property Rights In The Post-Castro Cuban Constitution, Oscar M. Garibaldi, John D. Kirby Oct 1995

Property Rights In The Post-Castro Cuban Constitution, Oscar M. Garibaldi, John D. Kirby

University of Miami International and Comparative Law Review

No abstract provided.


Real Property Law Under The Current Cuban Regime, Douglas E. Matthews Oct 1995

Real Property Law Under The Current Cuban Regime, Douglas E. Matthews

University of Miami International and Comparative Law Review

No abstract provided.


International Reaction To Hong Kong's Countdown To 1997: Doors Open To Hong Kong's Emigrants, Susan Goldammer Oct 1995

International Reaction To Hong Kong's Countdown To 1997: Doors Open To Hong Kong's Emigrants, Susan Goldammer

Indiana Journal of Global Legal Studies

No abstract provided.


The New Slave Trade: The International Crisis Of Immigrant Smuggling, Kevin Tessier Oct 1995

The New Slave Trade: The International Crisis Of Immigrant Smuggling, Kevin Tessier

Indiana Journal of Global Legal Studies

No abstract provided.