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Articles 31 - 60 of 90
Full-Text Articles in Law
Joint Study Panel On Transparency In International Commercial Arbitration, John R. Crook
Joint Study Panel On Transparency In International Commercial Arbitration, John R. Crook
ILSA Journal of International & Comparative Law
Thanks to Professor Louise Ellen Teitz, and to the ILA and ASIL for initiating this joint study panel. Our topic brings to mind the tale of the blind men and the elephant.
Traditional Knowledge: Are We Closer To The Answer(S)? The Potential Role Of Geographical Indictions, Daniel Gervais
Traditional Knowledge: Are We Closer To The Answer(S)? The Potential Role Of Geographical Indictions, Daniel Gervais
ILSA Journal of International & Comparative Law
The debate concerning the protection of, and access to, "traditional knowledge ' 2 has been going on for some time.
The Trade In Antiquities: Heritage For Sale?, Lucille A. Roussin
The Trade In Antiquities: Heritage For Sale?, Lucille A. Roussin
ILSA Journal of International & Comparative Law
It was an automobile accident on Italy's Autostrada del Sole-the highway of the Sun-that led to the largest restitution, ever, of stolen antiquities from United States museums to the Republic of Italy.
National Security Courts: Star Chamber Or Specialized Justice?, Mark R. Shulman
National Security Courts: Star Chamber Or Specialized Justice?, Mark R. Shulman
ILSA Journal of International & Comparative Law
In October 2008, the author moderated a panel discussion addressing the utility of establishing a new national security court system for administering the detention and trial of terrorist suspects.
National Security And The U.N. Convention On The Law Of The Sea: U.S. Coast Guard Perspectives, Dr. John T. Oliver
National Security And The U.N. Convention On The Law Of The Sea: U.S. Coast Guard Perspectives, Dr. John T. Oliver
ILSA Journal of International & Comparative Law
The world's oceans cover over seventy percent of the globe and contain ninety-seven percent of the world's water.
Accountability In Bretton Woods, Karen Hudes, Sabine Schlemmer-Schulte
Accountability In Bretton Woods, Karen Hudes, Sabine Schlemmer-Schulte
ILSA Journal of International & Comparative Law
Under the Marshall Plan after World War H, the United States gave $13 billion to rebuild western Europe. But some historians argue that the United States' most important legacy was its role in establishing the World Bank and the International Monetary Fund (IMF), named the Bretton Woods institutions, after the site of the conference in 1944 in New Hampshire.
"Legal Jihad": How Islamist Lawfare Tactics Are Targeting Free Speech, Brooke Goldstein, Aaron Eitan Meyer
"Legal Jihad": How Islamist Lawfare Tactics Are Targeting Free Speech, Brooke Goldstein, Aaron Eitan Meyer
ILSA Journal of International & Comparative Law
Lawfare is usually defined as the use of the law as a weapon of war' or the pursuit of strategic aims through aggressive legal maneuvers.
Real Estate Development In Cuba: Present And Future, Antonio R. Zamora
Real Estate Development In Cuba: Present And Future, Antonio R. Zamora
ILSA Journal of International & Comparative Law
During the last twenty years, the Cuban government has faced two very significant challenges that have seriously threatened its survival.
Remarks Regarding The Iraqi High Tribunal's "Anfal" Trial: Speech Delivered At International Law Weekend, Jennifer Trahan
Remarks Regarding The Iraqi High Tribunal's "Anfal" Trial: Speech Delivered At International Law Weekend, Jennifer Trahan
ILSA Journal of International & Comparative Law
My remarks today will focus on the second trial of the Iraqi High Tribunal (the IHT or Tribunal), the so-called "Anfal" trial.
Comments On The Reforms To The Mexican Energy Laws Of 2008, Antonio Riva Palacio Lavin
Comments On The Reforms To The Mexican Energy Laws Of 2008, Antonio Riva Palacio Lavin
ILSA Journal of International & Comparative Law
A strong discussion has taken place in Mexico since the beginning of this millennium concerning the legal reform of the energy sector, particularly the Mexican government's oil company, Petr6leos Mexicanos (Pemex).
Desarrollo Immobilliario En Cuba: Presente Y Futuro, Antonio R. Zamora
Desarrollo Immobilliario En Cuba: Presente Y Futuro, Antonio R. Zamora
ILSA Journal of International & Comparative Law
Durante los filtimos veinte afios el gobierno de Cuba se ha enfrentado con dos importantes retos que amenazaron seriamente su supervivencia.
Custom As A Source Of Law: Argentinean And Comparative Legal Systems, German Savastano
Custom As A Source Of Law: Argentinean And Comparative Legal Systems, German Savastano
ILSA Journal of International & Comparative Law
The purpose of this article is to reflect on custom as a source of law in the Argentinean and comparative legal systems.
La Costumbre Como Fuente Del Derecho: Sistema Juridico Argentino Y Comparado, German Savastano
La Costumbre Como Fuente Del Derecho: Sistema Juridico Argentino Y Comparado, German Savastano
ILSA Journal of International & Comparative Law
El objetivo del presente articulo es reflexionar sobre la costumbre como fuente del derecho en el sistema juridico argentino y comparado.
Comentarios Sobre Las Reformas Del Ano 2008 Al Sector Energetico Mexicano, Antonio Riva Palacio Lavin
Comentarios Sobre Las Reformas Del Ano 2008 Al Sector Energetico Mexicano, Antonio Riva Palacio Lavin
ILSA Journal of International & Comparative Law
Desde inicios del milenio, en Mxico se vivi6 una fuerte discusi6n sobre la reforma legal del sector energ6tico; en particular en torno a Petr6leos Mexicanos (Pemex).
A Summary Of Legal System Amalgamation: An Introduction To Judge Patrick L. Robinson's Observations On The Hybrid Nature Of The Rules Of Procedure And Evidence Of The International Criminal Tribunal For The Former Yugoslavia, Jane E. Cross
ILSA Journal of International & Comparative Law
On 14 February 2009, His Excellency Judge Patrick L. Robinson of Jamaica, President of the International Criminal Tribunal for the Former Yugoslavia (ICTY), spoke at the Nova Southeastern University (NSU) Shepard Broad Law Center, for Black History Month.
The United States And International Criminal Tribunals: An Historical Analysis, Harry M. Rhea
The United States And International Criminal Tribunals: An Historical Analysis, Harry M. Rhea
ILSA Journal of International & Comparative Law
The relationship between the United States and international criminal tribunals has lasted for almost 100 years at least.
The Interaction Of Legal Systems In The Work Of The International Criminal Tribunal For The Former Yugoslavia, H.E. Judge Patrick Robinson
The Interaction Of Legal Systems In The Work Of The International Criminal Tribunal For The Former Yugoslavia, H.E. Judge Patrick Robinson
ILSA Journal of International & Comparative Law
The International Criminal Tribunal for the Former Yugoslavia (Tribunal) where I work is a court with a mandate to try individuals for the most serious violations of international humanitarian law committed during the conflict that engulfed Yugoslavia in the 1990s.
Cicero's Beloved Republic: The Insufficiency Of Expanded Humanistic Rhetoric In The Service Of Comparative Law, Richard O. Brooks
Cicero's Beloved Republic: The Insufficiency Of Expanded Humanistic Rhetoric In The Service Of Comparative Law, Richard O. Brooks
ILSA Journal of International & Comparative Law
We are now at the beginning of the twenty-first century. The United States, like Republican Rome two millennia earlier, teeters between becoming an expanded empire, a declining republic, or paradoxically, both.
Legal Limbo: Where Should The Guantanamo Uighurs Be Released?, William L. Tucker
Legal Limbo: Where Should The Guantanamo Uighurs Be Released?, William L. Tucker
ILSA Journal of International & Comparative Law
The September 11, 2001 attacks on the United States shocked the world's conscience and changed the American public's feeling of vulnerability.
Proposals For A Truth Commission And Reparations Program For Victims Of Torture By Us Forces Since 9/11, Morgane Landel
Proposals For A Truth Commission And Reparations Program For Victims Of Torture By Us Forces Since 9/11, Morgane Landel
ILSA Journal of International & Comparative Law
Since September 11, 2001, the United States has been responsible for well documented cases of torture and ill-treatment as part of its war on terror in Guantanamo, Iraq, Afghanistan and other secret sites.
Universal Jurisdiction And The Case Of Belgium: A Critucal Assessment, Roozbeh (Rudy) B. Baker
Universal Jurisdiction And The Case Of Belgium: A Critucal Assessment, Roozbeh (Rudy) B. Baker
ILSA Journal of International & Comparative Law
Praised in some quarters as a useful tool for bringing criminal perpetrators to justice, criticized by others as a threat to state sovereignty, universal jurisdiction has certainly emerged as a heated topic within international criminal law.
The International Criminal Court: Former President George W. Bush And World Opinion, Donald D.A Schaefer
The International Criminal Court: Former President George W. Bush And World Opinion, Donald D.A Schaefer
ILSA Journal of International & Comparative Law
The International Criminal Court (Court or ICC) came into force on July 1, 2002.1
China's Labor Law Evolution: Towards A New Frontier, Monique Garcia
China's Labor Law Evolution: Towards A New Frontier, Monique Garcia
ILSA Journal of International & Comparative Law
The People's Republic of China (P.R.C.) is moving towards becoming the biggest economy in the world.
Current United States Credit Default Swap Regulatory Initiatives: A New World Standard Or Just A Ploy?, Nathaniel G. Dutt
Current United States Credit Default Swap Regulatory Initiatives: A New World Standard Or Just A Ploy?, Nathaniel G. Dutt
ILSA Journal of International & Comparative Law
In recent years, the global financial market has seen an abundant increase in the use of credit derivatives; more specifically, the use of credit default swaps (CDSs).
The Peace Palace The Hague, The Netherlands, The Republic Of Alicanto, The Commonwealth Of Ravisia
The Peace Palace The Hague, The Netherlands, The Republic Of Alicanto, The Commonwealth Of Ravisia
ILSA Journal of International & Comparative Law
Pursuant to the Joint Notification and Compromis concluded on 30 September 2008, including the Corrections and Clarifications agreed to therein, at Chicago, Illinois, United States of America between the Republic of Alicanto and the Commonwealth of Ravisia (collectively "the Parties"), and in accordance with Article 40(1) of the Statute of the International Court of Justice, the Parties hereby submit to this Court its dispute concerning Operation Provide Shelter and the differences arising between Alicanto and Ravisia
The Peace Palace The Hague, The Netherlands, The Republic Of Alicanto, The Commonwealth Of Ravisia
The Peace Palace The Hague, The Netherlands, The Republic Of Alicanto, The Commonwealth Of Ravisia
ILSA Journal of International & Comparative Law
The Commonwealth of Ravisia and the Republic of Alicanto have agreed to submit this dispute to the International Court of Justice pursuant to article 40(1) of the Statute of the International Court of Justice ('Statute') and in accordance with the Compromis notified to the Court on 15 September 2006. Pursuant to article 36(1) of the Statute, the Court has jurisdiction to decide all matters referred to it for decision.
Core Rules Of International Environmental Law, Andrea Laura Mackielo
Core Rules Of International Environmental Law, Andrea Laura Mackielo
ILSA Journal of International & Comparative Law
International environmental law has been marked by two contradictory trends.
Financial Market Failure As A Crisis In The Rule Of Law: From Market Fundamentalism To A New Keynesian Regulatory Model, Timothy A. Canova
Financial Market Failure As A Crisis In The Rule Of Law: From Market Fundamentalism To A New Keynesian Regulatory Model, Timothy A. Canova
Timothy A. Canova
This article considers the financial panic of 2008 in historical context by analyzing the institutional and regulatory factors that contributed to the financial and economic crisis. The move away from a Keynesian regulatory model was a function of larger institutional flaws. The Keynesian regime of command-and-control regulation focused on macroeconomic policy objectives designed to achieve full employment, more equitable distributions of wealth and income, greater transparency in the regulatory process, and reduction in monopoly exploitation of consumers. Central to this regime was a model of central banking that required greater accountability to elected branches of government and the use of …
Lincoln’S Populist Sovereignty: Public Finance Of, By, And For The People, Timothy A. Canova
Lincoln’S Populist Sovereignty: Public Finance Of, By, And For The People, Timothy A. Canova
Timothy A. Canova
This article considers Lincoln’s system of public finance in a broad historical perspective. In the weeks prior to Lincoln‘s inauguration, the financial markets were swept by panic, the hoarding of gold, and a crisis perhaps more dangerous than other classic Keynesian liquidity traps, such as in March 1933 and September 2008. In 1861, there was no central bank with the authority to issue currency and inject liquidity into the financial system to try to restrain the psychology of hoarding. The Lincoln administration was able to break the downward spiral and provide the resources to mobilize for war, as well as …
The English Fox In The Louisiana Civil Law Chausse-Trappe: Civil Law Concepts In The English Language; Comparativists Beware!, Alain Levasseur, Vicenc Feliu
The English Fox In The Louisiana Civil Law Chausse-Trappe: Civil Law Concepts In The English Language; Comparativists Beware!, Alain Levasseur, Vicenc Feliu
Vicenç Feliú
The Avant-Projet of the French Law Obligations and the French Law of Prescriptions, which we will cite as the Projet-Catala, is a monumental undertaking to modernize Parts III and IV of Book Three of the French Civil Code, “Obligations,” and to continue the work of Jean Carbonnier who demonstrated “in transfiguring the first Book” that it was possible to “rehabilitate” the Code of 1804 “without damaging its structure or form.” “The program mobilized thirty-four persons” under the sponsorship of the Association Henri Capitant and was presented in the form of a “Rapport à Monsieur le Garde des Sceaux” in September …