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Journal

2005

International law

Discipline
Institution
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Articles 31 - 41 of 41

Full-Text Articles in Law

The "War On Terror" And The "War Of Terror": Nomadic Multitudes, Aggressive Incumbents, And The "New" International Law: Prefactory Remarks On Two "Wars", Upendra Baxi Jan 2005

The "War On Terror" And The "War Of Terror": Nomadic Multitudes, Aggressive Incumbents, And The "New" International Law: Prefactory Remarks On Two "Wars", Upendra Baxi

Osgoode Hall Law Journal

This article contrasts and compares the war on terror and the war of terror in the wake of, and before, 11 September 2001. The philosophical underpinnings involved in defining "terrorism" are analyzed in the context of the United States' war on terrorism and related wars of terrorism, such as the 1998 World Islamic Council's fatwa. Both wars fall within the wording of recent United Nations' Resolutions that address the adverse impact of terrorism on Human Rights. The understanding of the meaning of "terrorism" by those promoting the war on terrorism provides a powerful political tool, notwithstanding effects on Human Rights …

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Assessing Claims Of A New Doctrine Of Pre-Emptive War Under The Doctrine Of Sources, James Thuo Gathii Jan 2005

Assessing Claims Of A New Doctrine Of Pre-Emptive War Under The Doctrine Of Sources, James Thuo Gathii

Osgoode Hall Law Journal

After examining state practice and opinio juris on the preemptive use of force in the last few years, I conclude that the prohibition of preemptive war where there is no armed attack or an instant, overwhelming threat has not changed. Under customary international law, this prohibition of preemptive use of force is a customary international law norm of extremely high normativity and as such state practice inconsistent confirms the norm particularly in the absence of evidence of its widespread and representative repudiation. Second, under the doctrine of sources, state practice inconsistent with a norm of customary international law or persistent …

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Newness, Imperialism, And International Legal Reform In Our Time: A Twail Perspective, Obiora Chinedu Okafor Jan 2005

Newness, Imperialism, And International Legal Reform In Our Time: A Twail Perspective, Obiora Chinedu Okafor

Osgoode Hall Law Journal

No abstract provided.

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War And Terrorism: Law Or Metaphor, Louis Henkin Jan 2005

War And Terrorism: Law Or Metaphor, Louis Henkin

Santa Clara Law Review

No abstract provided.

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The War On Terror And Iraq In Historical Perspective, Antony Anghie Jan 2005

The War On Terror And Iraq In Historical Perspective, Antony Anghie

Osgoode Hall Law Journal

This article critically examines the doctrine of pre-emption articulated in the National Security Strategy and the arguments made in favour of the proposition that it represents an emerging norm of international law and is compatible with the UN Charter. It focuses in particular on the possible implications with the UN Charter. It focuses in particular on the possible implications of this doctrine for Third-World states. It also examines the war in Iraq and pre-emption may be seen as replicating, in certain respects, a much earlier colonial history.

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Contractual Liability Of Suppliers Of Defective Software: A Comparison Of The Law Of The United Kingdom And United States, Stephen E. Blythe Jan 2005

Contractual Liability Of Suppliers Of Defective Software: A Comparison Of The Law Of The United Kingdom And United States, Stephen E. Blythe

Northwestern Journal of International Law & Business

The common law of contracts has its roots in medieval England. Traditional contract law, evolved from the age of feudalism, focused on "hard copy" documents and their authentication. Today, we frequently find ourselves entering into virtual, digital contracts. Instead of signing the written document with a seal, we merely type in our name on the computer screen and click on "I accept." Should contract law be changed to accommodate the digital nature of the modem contract and, if so, to what extent should it be changed? A traditionalist may contend that there is no need to completely overhaul contract law …

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The Legal Landscape Of The International Art Market After Republic Of Austria V. Altmann, Sue Choi Jan 2005

The Legal Landscape Of The International Art Market After Republic Of Austria V. Altmann, Sue Choi

Northwestern Journal of International Law & Business

In this note, I will show how Republic of Austria v. Altmann, while seemingly advancing the reparation of Nazi-looted art claims, undermines the stability of the international art market and the ultimate ability of future claimants to successfully recover their artwork due to inconsistent application of state and federal statutes. Part I will summarize the recent Supreme Court decision of Republic of Austria v. Altmann and its claim against a foreign country for the return of Nazi-looted art. Part II will examine what current legal protections exist to buffer the threat of litigation over Nazi-looted artwork that is on loan …

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Cross-Border Securitized Transactions: The Missing Link In Establishing A Viable Chinese Securitization Market, Nicholas J. Faleris Jan 2005

Cross-Border Securitized Transactions: The Missing Link In Establishing A Viable Chinese Securitization Market, Nicholas J. Faleris

Northwestern Journal of International Law & Business

This article proposes that asset-backed securitization in China could be jump-started by first focusing on cross-border (sometimes called transnational) securitization, and by establishing a dependable group of regional investors. Cross-border securitization transactions would enable China to experiment with various packaging of state-owned securities on a trial basis through a transaction-by-transaction process. Thus far, the focus has been specifically on reforming the legal infrastructure so that China eventually would be able to attract investors and capitalize on an emerging market. Rather than attempting to both build an infrastructure and attract asset-backed securitization investors with large, sweeping changes, the market would be …

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International Law: The Compatibility Of The Rome Statute Of The International Criminal Court With The U.S. Bilateral Immunity Agreements Included In The American Servicemembers Protection Act, Eric M. Meyer Jan 2005

International Law: The Compatibility Of The Rome Statute Of The International Criminal Court With The U.S. Bilateral Immunity Agreements Included In The American Servicemembers Protection Act, Eric M. Meyer

Oklahoma Law Review

No abstract provided.

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Dancing With The Devil: Prosecuting West Africa's Warlords: Building Initial Prosecutorial Strategy For An International Tribunal After Third World Armed Conflicts, David M, Crane Jan 2005

Dancing With The Devil: Prosecuting West Africa's Warlords: Building Initial Prosecutorial Strategy For An International Tribunal After Third World Armed Conflicts, David M, Crane

Case Western Reserve Journal of International Law

No abstract provided.

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The Third World, International Law, And The "Post-9/11 Era": An Introduction, Obiora Chinedu Okafor Jan 2005

The Third World, International Law, And The "Post-9/11 Era": An Introduction, Obiora Chinedu Okafor

Osgoode Hall Law Journal

No abstract provided.

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