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Articles 1 - 30 of 53
Full-Text Articles in Law
Journal Of International & Comparative Law And The International Practitioner's Notebook, Ilsa Journal Of International & Comparative Law
Journal Of International & Comparative Law And The International Practitioner's Notebook, Ilsa Journal Of International & Comparative Law
ILSA Journal of International & Comparative Law
No abstract provided.
Application Of The United States' Law Of Countervailing Duties To Nonmarket Imports: Effects Of The Recent Foreign Reforms, James A. Meszaros
Application Of The United States' Law Of Countervailing Duties To Nonmarket Imports: Effects Of The Recent Foreign Reforms, James A. Meszaros
ILSA Journal of International & Comparative Law
The last several years have been marked by considerable economic reform in nonmarket countries. The changes which have occurred have undoubtedly impacted upon United States' law and policy with respect to the United States' treatment of those countries.
Nafta's Approval: A Story Of Congress At Work "From International Relations To National Accountability", Alejandro Posadas
Nafta's Approval: A Story Of Congress At Work "From International Relations To National Accountability", Alejandro Posadas
ILSA Journal of International & Comparative Law
The North American Free Trade Agreement (NAFTA) entered into force on January 1, 1994.' Since then, the new General Agreement on Tariffs and Trade (GATT) has been approved; control of the United States Congress has changed from Democrat to Republican; Mexico is going through a financial crisis; and apparently nothing dramatic, for better or for worse, has yet happened to the American economy.
The Search For Justice - A Case For Reform To The Civil Justice System In Britain, Peter Watson
The Search For Justice - A Case For Reform To The Civil Justice System In Britain, Peter Watson
ILSA Journal of International & Comparative Law
It can be said without fear of contradiction, that there is a need, both perceived and real, for reform of the British civil justice system. Although different, I draw no distinction between Scotland's and England's justice systems.
The Criminalization Of Hate Propaganda A Clash Of Ideals Between Canada And The United States, Eric Wolfman
The Criminalization Of Hate Propaganda A Clash Of Ideals Between Canada And The United States, Eric Wolfman
ILSA Journal of International & Comparative Law
This paper will attempt to make the case that the criminalization of racist speech in the form of hate propaganda could survive a First Amendment challenge. Section I examines the elemental harms caused by hate propaganda and the compelling reasons why such speech should be criminalized
The Dichotomy Of Executive Immunity: A Comparative Analysis Between The United States And Great Britain, Leonard Wilder
The Dichotomy Of Executive Immunity: A Comparative Analysis Between The United States And Great Britain, Leonard Wilder
ILSA Journal of International & Comparative Law
Politicians get away with murder! This common statement tends to reflect how many feel about the privileged class of people who make and enforce the law. Nevertheless, the litigious nature of the United States has caught up with the current President of the United States, Bill Clinton.
United States Asylum Law: The Failure Of The United States To Accommodate Women's Gender-Based Asylum Claims, Nancy C. Ciampa
United States Asylum Law: The Failure Of The United States To Accommodate Women's Gender-Based Asylum Claims, Nancy C. Ciampa
ILSA Journal of International & Comparative Law
"Give me your tired, your poor, Your huddled masses yearning to breathe free, The wretched refuse of your teeming shore. Send these, the homeless, tempest tossed to me: I lift my lamp beside the golden door." Those are the words of Emma Lazarus, inscribed on the Statute of Liberty.
Defining Terms In The Intellectual Property Protection Debate: Are The North And South Arguing Past Each Other When We Say "Property"? A Lockean, Confucian, And Islamic Comparison, Richard E. Vaughan
Defining Terms In The Intellectual Property Protection Debate: Are The North And South Arguing Past Each Other When We Say "Property"? A Lockean, Confucian, And Islamic Comparison, Richard E. Vaughan
ILSA Journal of International & Comparative Law
The concept of intellectual property, or ideas protected by patents, copyrights, and trademarks, has been around since at least the 13th century. However, it is only in the last decade that "piracy," or the illegal copying and selling of copywritten or patented material, has become a contentious issue in trade negotiations between the nations of the Northern and Southern Hemispheres
The Spanish Products Liability Act Of 1994, Michael Ansaldi
The Spanish Products Liability Act Of 1994, Michael Ansaldi
ILSA Journal of International & Comparative Law
The Spanish Constitution of 1978,' a milestone in Spain's transition from the Franco era to the ranks of Western European democracies, has been described, in at least one respect, as "absolutely innovative on the panorama of European constitutions” It is "the first constitution worldwide to raise consumer protection to the status of a principle of general law."
The Formation Of International Law In The 21st Century, John De Saram
The Formation Of International Law In The 21st Century, John De Saram
ILSA Journal of International & Comparative Law
The methods and procedures of the Commission, as in the case of all human endeavors, need, of course, to be kept under regular review and to be improved wherever advisable. The methods and procedures of the Commission were referred to in the Sixth (the Legal) Committee of the UN General Assembly over the two weeks just passed, in the course of Sixth Committee consideration of the Report of the Commission.
An Assessment Of The Yugoslavia War Crimes Tribunal, Michael P. Scharf
An Assessment Of The Yugoslavia War Crimes Tribunal, Michael P. Scharf
ILSA Journal of International & Comparative Law
In May 1993, in response to the "ethnic cleansing" of some 250,000 Muslims in the former Yugoslavia, the Security Council adopted a resolution establishing the Yugoslavia Tribunal; in September 1993, the General Assembly elected the Tribunal's judges; and in July 1994, the Security Council appointed its Prosecutor.
Combatting International Terrorism Into The 21st Century, Mark S. Zaid
Combatting International Terrorism Into The 21st Century, Mark S. Zaid
ILSA Journal of International & Comparative Law
As a private attorney I have dedicated a significant part of my practice to working with or representing victims of terrorism. In particular, I represent several family members who lost relatives in the bombing of Pan Am Flight 103 in a civil action against the government of Libya. Through the use of the judicial system, we are attempting to forge a new weapon for use against terrorist states as a means by which to achieve deterrence, punishment, and compensation for the victims.
Comments On The International Criminal Court, Evan T. Bloom
Comments On The International Criminal Court, Evan T. Bloom
ILSA Journal of International & Comparative Law
I understand that I am substituting for Cherif Bassiouni. Those are big shoes to fill, and instead of providing the very detailed discussion of the history of the International Criminal Court (ICC) and all its component parts which he is uniquely qualified to deliver, I will instead provide my own very brief overview of where we are on the proposal to establish an ICC.
Developing Countries, Tax Treaties And The United Nations Model Tax Convention, Peter D. Byrne
Developing Countries, Tax Treaties And The United Nations Model Tax Convention, Peter D. Byrne
ILSA Journal of International & Comparative Law
Welcome everyone. My name is Peter Byrne. I am the Deputy Director of the International Tax Program at Harvard Law School. We have a great panel this morning, and I think you will be very interested in what they have to say. I will introduce them before we start.
Environmental Law-Making In The European Context And Its Relations To International Environmental Agreements, Gerhard Loibl
Environmental Law-Making In The European Context And Its Relations To International Environmental Agreements, Gerhard Loibl
ILSA Journal of International & Comparative Law
In Europe--and I am taking Europe not just in the limited geographical sense, but in a more political way—environmental regulations have been created and further evolved by different means and instruments: bilateral agreements, limited regional agreements, and multilateral agreements adopted by nearly all European States.
Revisiting Chapter Viii: The Role Of Regional Organizations In Dispute Settlement, Nabil Elaraby
Revisiting Chapter Viii: The Role Of Regional Organizations In Dispute Settlement, Nabil Elaraby
ILSA Journal of International & Comparative Law
Recently, the world has seen both pragmatic and sudden changes in international relations. Cooperation between Super Powers, along with regional organizations, seems to be possible today. Consequently, the scope of general cooperation and consensus is increasing among member states of the United Nations. The Charter of the United Nations should be changed according to the needs of the changing world.
Do Economic Sanctions Work? A View From The United Nations, Gian Luca Burci
Do Economic Sanctions Work? A View From The United Nations, Gian Luca Burci
ILSA Journal of International & Comparative Law
The question "do sanctions work?" can be interpreted not only as a political or legal assessment about their effects on a State, but also as an analysis of whether sanctions are designed, managed and enforced in a manner which makes them viable for an extended period of time for those who are required to implement them.
International Law And Land Mines, Joerg Wimmers
International Law And Land Mines, Joerg Wimmers
ILSA Journal of International & Comparative Law
The Review Conference in Vienna' has failed to adopt a revised Convention due to unbridgeable differences among delegations on a strengthened Protocol II of the Convention (Land Mine Protocol). Almost all important provisions of the Protocol were contentious and a number of delegations showed very limited room to move toward a compromise.
When Are Economic Sanctions Effective? Selected Theorems And Corollaries, W Michael Reisman
When Are Economic Sanctions Effective? Selected Theorems And Corollaries, W Michael Reisman
ILSA Journal of International & Comparative Law
Economic sanctions may take many forms and may be applied unilaterally or multilaterally, but like all uses of the economic instrument, they involve the purposive threat or actual granting or withholding of economic indulgences, opportunities, and benefits by one actor or group of actors in order to induce another actor or group of actors to change or adjust an internal or external policy.
International Law And Antipersonnel Land Mines, Luke T. Lee
International Law And Antipersonnel Land Mines, Luke T. Lee
ILSA Journal of International & Comparative Law
Antipersonnel (A/P) land mines are devastating weapons not only during, but also after, warfare or armed conflicts. There still exist an estimated 85 million mines, or one for every 50 people on earth, scattered in 62 countries that kill and maim some 26,000 innocent civilians each year. In Cambodia and Angola, for example, there are more than 30,000 and 20,000 amputees, respectively, who are victims of mine incidents.
Cooperation Between The United Nations And Regional Institutions, Hans Corell
Cooperation Between The United Nations And Regional Institutions, Hans Corell
ILSA Journal of International & Comparative Law
Chapter VIII of the United Nations Charter does not preclude regional organizations from taking regional actions in the maintenance of international peace and security. As long as such regional actions are taken consistent with the provisions of the United Nations Charter, regional organizations can play a pivotal role in the peaceful settlement of regional disputes. Enforcement measures must however be authorized first by the Security Council.
The Lure Of Regional Solutions: A Realistic Option Or Escapism?, Colin Keating
The Lure Of Regional Solutions: A Realistic Option Or Escapism?, Colin Keating
ILSA Journal of International & Comparative Law
Depending on the nature and importance of disputes, there is a need for either bilateral or unilateral use of global and regional organizations. In spite of the convenience of using regional organizations in solving regional disputes, the growing importance and awareness of the global instrument cannot be minimized.
Ilsa Journal Of International & Comparative Law, Ilsa Journal Of International & Comparative Law
Ilsa Journal Of International & Comparative Law, Ilsa Journal Of International & Comparative Law
ILSA Journal of International & Comparative Law
The concept of intellectual property, or ideas protected by patents, copyrights, and trademarks, has been around since at least the 13th century. However, it is only in the last decade that "piracy," or the illegal copying and selling of copywritten or patented material, has become a contentious issue in trade negotiations between the nations of the Northern and Southern Hemispheres
What Role, If Any, Will The United Nations Play In The Maintenance Of International Peace And Security Over The Next Fifty Years?, Thomas J. Donlon
What Role, If Any, Will The United Nations Play In The Maintenance Of International Peace And Security Over The Next Fifty Years?, Thomas J. Donlon
ILSA Journal of International & Comparative Law
After two years of close observation of the United Nations struggling to answer the challenge of Article 7 of its Charter "to maintain international peace and security," I have become an optimist on the question of the United Nations' future, if nonetheless a cautious, realistic one. Whether the United Nations will have such a role, however, depends on the collective ability of the international community to learn from the past fifty years of the organization
Religious Freedom In The People's Republic Of China, Cymonie Rowe
Religious Freedom In The People's Republic Of China, Cymonie Rowe
ILSA Journal of International & Comparative Law
The People's Republic of China has, during the latter part of this century, consistently restricted one's right to religious freedom. Religious rights, as well as other rights, within the People's Republic of China have been the subject of much controversy around the world.
International Law And Anti-Personnel Land Mines, Michael J. Matheson
International Law And Anti-Personnel Land Mines, Michael J. Matheson
ILSA Journal of International & Comparative Law
The Convention on Conventional Weapons was adopted in 1980 to limit the use of conventional weapons that present special risks of causing unnecessary suffering or indiscriminate effects. The Convention currently contains three Protocols, each of which regulates the use of a specific type of weapons
Towards Global Government: Reality Or Oxymoron?, Valerie Epps
Towards Global Government: Reality Or Oxymoron?, Valerie Epps
ILSA Journal of International & Comparative Law
The title of this panel asks us to examine where the world is going and what is likely to be the governance structure for the foreseeable future. This is a somewhat forbidding topic, but certainly worth tackling. We want to ask ourselves whether the various forces in the world currently operative will be reformulated, and if so, what the global arrangement will look like.
The European Market: Creating A Unified Competitive Banking System, Cam F. Justice
The European Market: Creating A Unified Competitive Banking System, Cam F. Justice
ILSA Journal of International & Comparative Law
The creation of a single market among countries, which just over fifty years ago were engaged in one of the bloodiest wars in history, is one of the greatest experiments ever. The movement toward a single market in Europe has undergone countless changes since the creation of the European Coal and Steel Community (ECSC) in 1951.
Peruvian International Tax Treaties, Adrian Revilla
Peruvian International Tax Treaties, Adrian Revilla
ILSA Journal of International & Comparative Law
Peru agrees with the idea that double tax treaties are not only useful, but invaluable tools in promoting understanding, stability and confidence among the participants in international commerce. The tangible benefits of the mechanisms provided by double-tax treaties include: the lowering of costs to the investor, the attraction of capital, and a shared understanding on the part of tax administrations of how the limited tax revenues from productive enterprises will be apportioned.
Linkage Between Development And The Implementation Of The Cairo/Beijing Agenda For Women's Empowerment, Virginia Ofusu-Amaah
Linkage Between Development And The Implementation Of The Cairo/Beijing Agenda For Women's Empowerment, Virginia Ofusu-Amaah
ILSA Journal of International & Comparative Law
Making general statements on the correlation between the effects of socio-economic development and the situation of women is difficult because the political, economic, and structural conditions differ greatly from one country to the other. However, nowhere in the world are women treated as equal as men or enjoy the same opportunities as men.