Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

International Law

1997

Institution
Keyword
Publication
Publication Type
File Type

Articles 481 - 509 of 509

Full-Text Articles in Law

The Apportionment Of Public Debt And Assets During State Secession, Daniel S. Blum Jan 1997

The Apportionment Of Public Debt And Assets During State Secession, Daniel S. Blum

Case Western Reserve Journal of International Law

No abstract provided.


The Doctrine Of Specialty: A Traditional Approach To The Issue Of Standing, John J. Barrett Iii Jan 1997

The Doctrine Of Specialty: A Traditional Approach To The Issue Of Standing, John J. Barrett Iii

Case Western Reserve Journal of International Law

No abstract provided.


Practical Application Of International Environmental Law: Does It Work Atoll, Martin D. Gelfand Jan 1997

Practical Application Of International Environmental Law: Does It Work Atoll, Martin D. Gelfand

Case Western Reserve Journal of International Law

No abstract provided.


Creating Data Protection Legislation In The United States: An Examination Of Current Legislation In The European Union, Spain, And The United States, Jennifer M. Myers Jan 1997

Creating Data Protection Legislation In The United States: An Examination Of Current Legislation In The European Union, Spain, And The United States, Jennifer M. Myers

Case Western Reserve Journal of International Law

No abstract provided.


The International Lawyer's Deskbook, Lauren M. Moran Jan 1997

The International Lawyer's Deskbook, Lauren M. Moran

Case Western Reserve Journal of International Law

Note: This is the second book review in the PDF file.


Law In Development: On Tapping, Gourding, And Serving Palm-Wine, Maxwell O. Chibundu Jan 1997

Law In Development: On Tapping, Gourding, And Serving Palm-Wine, Maxwell O. Chibundu

Case Western Reserve Journal of International Law

No abstract provided.


The World Trade Organization: Multilateral Trade Framework For The 21st Century And U.S. Implementing Legislation, Martin D. Gelfand Jan 1997

The World Trade Organization: Multilateral Trade Framework For The 21st Century And U.S. Implementing Legislation, Martin D. Gelfand

Case Western Reserve Journal of International Law

No abstract provided.


Withered Giants: Mexican And U.S. Organized Labor And The North American Agreement On Labor Cooperation, Fredrick Englehart Jan 1997

Withered Giants: Mexican And U.S. Organized Labor And The North American Agreement On Labor Cooperation, Fredrick Englehart

Case Western Reserve Journal of International Law

No abstract provided.


Private International Law In Common Law Canada: Cases, Text, And Materials, Lauren M. Moran Jan 1997

Private International Law In Common Law Canada: Cases, Text, And Materials, Lauren M. Moran

Case Western Reserve Journal of International Law

Note: This is the second book review in the PDF file.


Volume 29 Issue 2 (1997), Cwru Journal Of International Law Jan 1997

Volume 29 Issue 2 (1997), Cwru Journal Of International Law

Case Western Reserve Journal of International Law

No abstract provided.


Provisional Relief In Transnational Litigation, George A. Bermann Jan 1997

Provisional Relief In Transnational Litigation, George A. Bermann

Faculty Scholarship

In this article, Professor Bermann identifies and analyzes the principal problems raised by the rapidly growing phenomenon of transnational provisional relief National courts are facing serious challenges in organizing such interventions, but as yet lack a sufficiently comprehensive framework of analysis. The author begins with the clarifying distinction that provisional relief may be transnational either because of its significant effects abroad or because it lends support to protective measures ordered by foreign courts, and draws on the experiences of U.S. and foreign courts in determining the costs of both granting and withholding provisional relief He concludes that, despite the very …


Direct Effect Of International Economic Law In The United States And The European Union, Ronald A. Brand Jan 1997

Direct Effect Of International Economic Law In The United States And The European Union, Ronald A. Brand

Articles

One of the most important and challenging issues in international law is the manner in which we address the relationship between the individual and the international legal system. The traditional framework, in which we set a "sovereign" government between the individual and the development and application of the rules, is no longer sufficient in all circumstances. The fact that governments feel insecure or threatened by the application of international legal rules in actions brought by individuals is not sufficient reason to preclude that development. The purpose of government is not to perpetuate traditional power structures, it is to provide security …


Government By Trade Agreement, David Wirth Dec 1996

Government By Trade Agreement, David Wirth

David A. Wirth

No abstract provided.


Massachusetts Criminal Defense: 1997 Cumulative Supplement, Daniel Kanstroom, Eric Blumenson, Stanley Fisher Dec 1996

Massachusetts Criminal Defense: 1997 Cumulative Supplement, Daniel Kanstroom, Eric Blumenson, Stanley Fisher

Daniel Kanstroom

No abstract provided.


Dangerous Undertones Of The New Nativism: Peter Brimelow And The Decline Of The West, Daniel Kanstroom Dec 1996

Dangerous Undertones Of The New Nativism: Peter Brimelow And The Decline Of The West, Daniel Kanstroom

Daniel Kanstroom

Nativism - an intense opposition to immigrants and other non-native members of society - has been deeply imbedded in the American character from the earliest days of the nation. Dating from the Alien and Sedition controversy of 1798 to California's recent Proposition 187, nativism has long been a driving force in policy making, a particular irony in a country founded and populated by immigrants.

This anthology of original, specially commissioned essays is informed at its core by George Santayana's famous edict that "Those who cannot remember the past are condemned to repeat it." Examining the current surge in nativism in …


The Ftaa: Building The Framework For 21st Century Trade And Business In The Americas, Frank Garcia Dec 1996

The Ftaa: Building The Framework For 21st Century Trade And Business In The Americas, Frank Garcia

Frank J. Garcia

No abstract provided.


Economic Assistance, The World Bank, And Nonbinding Instruments, David Wirth Dec 1996

Economic Assistance, The World Bank, And Nonbinding Instruments, David Wirth

David A. Wirth

No abstract provided.


Icsid Reports: Reports Of Cases Decided Under The Convention On The Settlement Of Investment Disputes Between States And Nationals Of Other States, 1965, Rosemary Rayfuse (Ed.) Dec 1996

Icsid Reports: Reports Of Cases Decided Under The Convention On The Settlement Of Investment Disputes Between States And Nationals Of Other States, 1965, Rosemary Rayfuse (Ed.)

Rosemary Rayfuse

The World Bank Convention on the Settlement of Investment Disputes entered into force in 1965. An international dispute settlement system which is of great and growing importance, its reports have been published haphazardly in various periodicals, but are presented in these volumes in consolidated form for the first time, together with materials related to the ICSID cases from national courts around the world. All the decisions are presented in English with summaries, and are translated from other languages where necessary. This fourth volume contains materials relating to proceedings from 1981 to 1994, and is fully indexed.


Christians V. Crystal Evangelical Free Church: Interpreting Rfra In The Battle Among God, The Government, And The Bankruptcy Code, Susan Franck Dec 1996

Christians V. Crystal Evangelical Free Church: Interpreting Rfra In The Battle Among God, The Government, And The Bankruptcy Code, Susan Franck

Susan D. Franck

In the past, religious debtors have used the Religious Freedom Restoration Act (RFRA) to tithe to their churches at a time when they were insolvent and questions have arisen whether these tithes are fraudulent transfers, which should be repatriated to the bankruptcy estate for the benefit of all creditors. This case comment analyzes the first circuit court opinion to evaluate the intersection of religious tithing, bankruptcy, fraudulent conveyance law and RFRA. In light of the doubts as to RFRA's constitutionality, this comment argues for a narrow interpretation of RFRA and, when determining the scope of free exercise protection, courts should …


Genocide In Rwanda: The Legal Responses Of The International Community And The Government Of Rwanda, Rosemary Rayfuse, Christine Cody Dec 1996

Genocide In Rwanda: The Legal Responses Of The International Community And The Government Of Rwanda, Rosemary Rayfuse, Christine Cody

Rosemary Rayfuse

No abstract provided.


The Draft Code Of Crimes Against The Peace And Security Of Mankind: Eating Disorders At The International Law Commission, Rosemary Rayfuse Dec 1996

The Draft Code Of Crimes Against The Peace And Security Of Mankind: Eating Disorders At The International Law Commission, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.


Civil Rights During The 1990'S: New Treaty Law Could Help Immensely, Connie De La Vega Dec 1996

Civil Rights During The 1990'S: New Treaty Law Could Help Immensely, Connie De La Vega

Connie de la Vega

This article argues that ratification by the United States of two major international human rights treaties (the International Covenant on Civil and Political Rights (ICCPR) and the Convention on the Elimination of all Forms of Racial Discrimination (CERD)) should have an impact on civil rights issues in this country. It contends that although many of the rights enumerated in the treaties are similar to those provided for in state and federal constitutions and statutes, there are many areas where the treaty clauses are more protective of individuals' rights. It also asserts that even though the United States ratified both treaties …


Space Law: Legal Restraints On The Commercialization And Development Of Outer Space, Ty Twibell Dec 1996

Space Law: Legal Restraints On The Commercialization And Development Of Outer Space, Ty Twibell

Ty Twibell



This Article has been one of the most cited papers on Space Law for almost 20 years and remains valid until today. It was one of the most requested articles in the UMKC Law Review near the time it was published and has been used in classroom study in graduate level international and legal courses. This Note advocates legal change to promote commercial space activity. Space industrialization and commercialization offer immeasurable economic and humanitarian rewards unrealized by the average person or lawyer. The space industry was already a multi-billion dollar industry 20 years ago when this article was initially written.  …


Implementation Of The United Nations Convention On Contracts For The International Sale Of Goods (Cisg) Under Shari’A (Islamic Law): Will Article 78 Of The Cisg Be Enforced When The Forum Is An Islamic State?, Ty Twibell Dec 1996

Implementation Of The United Nations Convention On Contracts For The International Sale Of Goods (Cisg) Under Shari’A (Islamic Law): Will Article 78 Of The Cisg Be Enforced When The Forum Is An Islamic State?, Ty Twibell

Ty Twibell

This article addresses the potential implications of CISG implementation in Islamic forums. Article 78 provides the focal point for this analysis because it awards parties interest in damages whereas Islamic law, or al Shari'a, explicitly forbids interest. Although this article discusses Shari'a on a micro-level as it analyzes the particular issue of interest, Article 78, and the immediate reality of western lawyers more frequently coming into contact with Islamic forums, it also brings to the surface the macro-concern of alleviating misunderstandings between the Western and the Arab Worlds in the process. The study of Shari'a's impact on CISG implementation is …


Circumnavigating International Space Law, Ty Twibell Dec 1996

Circumnavigating International Space Law, Ty Twibell

Ty Twibell



Space industrial development has many difficulties; however, many of the difficulties are legal obstacles. The author has asserted that international space law presently hinders the commercial development of outer space, and thus, requires legal change. Vigorous space commercial development is crucial, however, not for intellectual development alone. It offers massive economic, medical, industrial, and humanitarian rewards. Better vaccines and antibiotics can be produced in space in far greater quantities than on earth. Mining the moons, asteroids, and comets provides answers to future energy depletion and would provide enormously less expensive construction of spacecraft and colonies than launching from Earth. Apace …


Surrounding The Hole In The Doughnut: Discretion And Deference In U.S. Immigration Law, Daniel Kanstroom Dec 1996

Surrounding The Hole In The Doughnut: Discretion And Deference In U.S. Immigration Law, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.


International Trade Agreements: Vehicles For Regulatory Reform?, David A. Wirth Dec 1996

International Trade Agreements: Vehicles For Regulatory Reform?, David A. Wirth

David A. Wirth

No abstract provided.


General Principles Of Law, 'Soft Law' And The Identification Of International Law, Olufemi Elias, Chin Leng Lim Dec 1996

General Principles Of Law, 'Soft Law' And The Identification Of International Law, Olufemi Elias, Chin Leng Lim

Chin Leng Lim

Treaties and custom are generally regarded as the major sources of international law. They derive their validity more or less directly from the consent of those subjects of the law which also possess the institutional authority to make law. The perceived limitations of the consensual nature of these two sources have resulted in doctrinal controversy concerning, inter alia, the existence of sources of international law which are not essentially consensual. This is the rationale for the inclusion of general principles of law recognised by civilised nations alongside treaties and customary international law in Article 38 of the Statute of the …


The Remoteness That Betrays Desire, Kenneth Anderson Dec 1996

The Remoteness That Betrays Desire, Kenneth Anderson

Kenneth Anderson

This 1997 review in the Times Literary Supplement covered the then, as now, incendiary issue of the nude photography of children and adolescents. It reviewed photobooks by two leading photographers of children in the nude, Jock Sturges and David Hamilton. Sturges, an American, photographed mainly on nude beaches in France and Europe, often following the same families and children for years on end; he had been indicted on child pornography charges in the 1908s, although the jury took only a few minutes to find for him. Hamilton, British, has photographed in France and in various islands. The photography of child …