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Full-Text Articles in Law
Law And Politics Of Rights: Who Decides The Conditions For Trade Preferences? Institutional Choice In The General System Of Preferences Case, Gregory C. Shaffer
Law And Politics Of Rights: Who Decides The Conditions For Trade Preferences? Institutional Choice In The General System Of Preferences Case, Gregory C. Shaffer
Gregory C Shaffer
No abstract provided.
Report Of The 1st National Consultation On International Criminal Court & India, Saumya Uma
Report Of The 1st National Consultation On International Criminal Court & India, Saumya Uma
Saumya Uma
This publication contains a detailed report of each session of the 1st National Consultation on the ICC & India, held in Delhi on 8-9 December 2005.
The Teleology Of International Investment Law, Omar E. Garcia-Bolivar
The Teleology Of International Investment Law, Omar E. Garcia-Bolivar
Omar E Garcia-Bolivar
The article looks into the purpose of the international investment agreements and the role that has into the interpretation of those instruments.
The Hague Convention On Choice Of Court Agreements, Antonin I. Pribetic
The Hague Convention On Choice Of Court Agreements, Antonin I. Pribetic
Antonin I. Pribetic
The Hague Choice of Court Convention, concluded on June 30th, 2005, represents a significant step forward towards improved harmonization of international trade law by providing greater certainty and predictability for parties involved in business-to-business (B2B) agreements and transnational litigation. The Hague Choice of Court Convention offers a viable alternative to arbitration as a method of transnational dispute resolution. At a minimum, functional reciprocity between Contracting States is more likely to be achieved through this multilateral treaty, which codifies the private international law principles of comity, good faith and order and fairness, espoused by most common law courts, including the Supreme …
The Two Faces Of Intercountry Adoption: The Significance Of The Indian Adoption Scandals, David M. Smolin
The Two Faces Of Intercountry Adoption: The Significance Of The Indian Adoption Scandals, David M. Smolin
David M. Smolin
This article summarizes international law, and the law of India and the United States, relevant to intercountry adoption. The article then presents extensive information and analysis of a major series of adoption scandals in Andhra Pradesh, India. The article uses this analysis of law and a major series of adoption scandals to present the "two sides of intercountry adoption:" positively, as a humanitarian act, and negatively as a form of child trafficking. The weaknesses and vulnerabilities of the intercountry adoption system that led to the Indian adoption scandals are extensively analyzed.
Intercountry Adoption As Child Trafficking, David M. Smolin
Intercountry Adoption As Child Trafficking, David M. Smolin
David M. Smolin
This article analyzes when intercountry adoption constitutes a form of child trafficking, particularly under international law. The article reviews relevant Treaties on the subjects of slavery and human trafficking, as well as analyzing the problem of money and adoption within the domestic (United States) adoption system.
The Laws Of War In The Pre-Dawn Light: Institutions And Obligations In Thucydides’ Peloponnesian War, Steve Sheppard
The Laws Of War In The Pre-Dawn Light: Institutions And Obligations In Thucydides’ Peloponnesian War, Steve Sheppard
Steve Sheppard
This Essay, in honor of Oscar Schachter, discusses Thucydides’ account of the Peloponnesian War, not only glimpsing into the events surrounding the conflict but also considering how the sparring greek city-states understood and manifested laws of war. This article describes numerous customs, practices, and procedures including respect for truces, ambassadors, heralds, trophies, and various forms of neutrality the ancients adhered to during times of conflict. The greek city-states and their warriors recognized and enforced obligations concerning a city-state’s right to war (jus ad bellum) and conduct in war (jus in bello). While the ancients’ laws of war were always recorded …
Variations On Non-Nuclear: May The "Final Four" Join The Nuclear Nonproliferation Treaty As Non-Nuclear Weapons States While Retaining Their Nuclear Weapons?, David S. Jonas
David S. Jonas
No abstract provided.
The Role Of The Wto Director-General And Secretariat, Gregory C. Shaffer
The Role Of The Wto Director-General And Secretariat, Gregory C. Shaffer
Gregory C Shaffer
No abstract provided.
Can Wto Technical Assistance And Capacity Building Serve Developing Countries?, Gregory C. Shaffer
Can Wto Technical Assistance And Capacity Building Serve Developing Countries?, Gregory C. Shaffer
Gregory C Shaffer
No abstract provided.
Managed Mutual Recognition Regimes: Governance Without Global Government, Gregory C. Shaffer, Kalypson Nicolaidis
Managed Mutual Recognition Regimes: Governance Without Global Government, Gregory C. Shaffer, Kalypson Nicolaidis
Gregory C Shaffer
No abstract provided.
Juvenile Execution, Terrorist Extradition, And Supreme Court Discretion To Consider International Death Penalty Jurisprudence, Prof. Elizabeth Burleson
Juvenile Execution, Terrorist Extradition, And Supreme Court Discretion To Consider International Death Penalty Jurisprudence, Prof. Elizabeth Burleson
Prof. Elizabeth Burleson
European human rights law and multilateral conventions have raised United States death penalty policy to an international level. Treaties and international institutions have impacted the extradition of capital offenders and influenced the development of human rights law within the United States. Refusal to extradite without assurances that the death penalty will not be imposed has continuing ramifications for the implementation of transnational counter-terrorism measures. Determining a contemporary standard of decency regarding cruel and unusual punishment, what shocks the public conscious, or what constitutes torture depends upon what societal parameters one uses. The Supreme Court's readiness to examine international developments in …
The Oil Platforms Case Before The International Court Of Justice: A Non-Case Of International Responsibility, Daphne Richemond-Barak, Prosper Weil
The Oil Platforms Case Before The International Court Of Justice: A Non-Case Of International Responsibility, Daphne Richemond-Barak, Prosper Weil
Daphne Richemond-Barak
No abstract provided.
International Criminal Court & India: Responses To Queries Raised By Parliamentarians, Saumya Uma
International Criminal Court & India: Responses To Queries Raised By Parliamentarians, Saumya Uma
Saumya Uma
This is a pocket-book consisting of queries raised by Parliamentarians at the first consultative meeting organized by ICC-India campaign / Women's Research & Action Group on the International Criminal Court (ICC), in August 2005, and written responses to the same. It is aimed at strengthening the information dissemination efforts on ICC with Indian Parliamentarians.