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Series

2001

International Law

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Articles 1 - 30 of 140

Full-Text Articles in Law

International Red Cross Must Include Israel, Kenneth Lasson Nov 2001

International Red Cross Must Include Israel, Kenneth Lasson

All Faculty Scholarship

Israel's corresponding relief agency, the Mogen David Adom, has provided emergency services to countries all over the world since 1939, and it meets or surpasses every other standard for IFRC membership. Yet Israel remains the only nation left out of the 178- country federation. Why?

An IFRC spokesman says that it is "governments, not the federation, that give emblems the protective force of international law," and that "governments" are preparing to adopt an additional emblem, with no religious or national connotations, to stand alongside the Red Cross and the Red Crescent, one that Israel could adopt as its own ...


Economic Hardship As Coercion Under The Protocol On International Trafficking In Persons By Organized Crime Elements, Linda A. Malone Nov 2001

Economic Hardship As Coercion Under The Protocol On International Trafficking In Persons By Organized Crime Elements, Linda A. Malone

Faculty Publications

No abstract provided.


Mediation And Conciliation As Alternative Means Of Settleing International Disputes, Sompong Sucharitkul Nov 2001

Mediation And Conciliation As Alternative Means Of Settleing International Disputes, Sompong Sucharitkul

Publications

An endeavour will be made in this article to present two distinct methods of international dispute settlement, namely, mediation and conciliation. The presentation will be done from an international and comparative standpoint, inevitably retaining an Asian perspective in its global survey. Observations will be concentrated on these two procedures for the resolution of international conflicts. In this chapter, the terms 'dispute' and 'conflict' are used interchangeably. So also are the terms 'settlement' and 'resolution'.


Trying To Try Sharon, Linda A. Malone Oct 2001

Trying To Try Sharon, Linda A. Malone

Popular Media

No abstract provided.


Introduction And Symposium Overview: The Changing Labor Markets Of The Western Hemisphere: Labor Issues Relating To The Ftaa, Ann C. Hodges Oct 2001

Introduction And Symposium Overview: The Changing Labor Markets Of The Western Hemisphere: Labor Issues Relating To The Ftaa, Ann C. Hodges

Law Faculty Publications

In 1994, thirty-four countries in the Western Hemisphere met in Miami to begin negotiations designed to establish a comprehensive free trade agreement. The initial meeting led to a "Declaration of Principles" and a "Plan of Action" which committed the signatory countries to take steps toward open markets and free trade in the hemisphere. Subsequent meetings in 1998 and 2001 have moved the countries toward creation of the Free Trade Area of the Americas (FTAA), with an expectation that the agreement will be in place by 2005.


Georgia Journal Of International And Comparative Law Editorial And Managing Boards 2001-2002, Georgia Journal Of International And Comparative Law Oct 2001

Georgia Journal Of International And Comparative Law Editorial And Managing Boards 2001-2002, Georgia Journal Of International And Comparative Law

Materials from All Student Organizations

No abstract provided.


International Law At The Cornell Law School, John J. Barceló Iii, Lee E. Teitelbaum Oct 2001

International Law At The Cornell Law School, John J. Barceló Iii, Lee E. Teitelbaum

Cornell Law Faculty Publications

No abstract provided.


Evaluating International Economic Law Dispute Resolution Mechanisms, Frank J. Garcia Oct 2001

Evaluating International Economic Law Dispute Resolution Mechanisms, Frank J. Garcia

Boston College Law School Faculty Papers

No abstract provided.


Law, Language And Terror: Policemen Or Soldiers? The Dangers Of Misunderstanding The Threat To America (Commentary On 9-11), Kenneth Anderson Sep 2001

Law, Language And Terror: Policemen Or Soldiers? The Dangers Of Misunderstanding The Threat To America (Commentary On 9-11), Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

This article was offered in 2001 as the Times Literary Supplement's main commentary the week following 9-11. The essay argues that 9-11 required war as a response, and challenges views expressed in the days following 9-11 by commentators such as Anne-Marie Slaughter and Michael Ignatieff that the proper response by the United States should be criminal law in nature - either international criminal law, through international tribunals or procedures, or domestic criminal law of the kind pursued in the first 1993 World Trade Center bombing. It further argues against the functional pacifism of many Christian theologians who, while approving of ...


Nato's War In Kosovo And The Final Report To The Prosecutor Of The International Criminal Tribunal For The Former Yugoslavia, Aaron Schwabach Jul 2001

Nato's War In Kosovo And The Final Report To The Prosecutor Of The International Criminal Tribunal For The Former Yugoslavia, Aaron Schwabach

Faculty Scholarship

This Article addresses the report by the Office of the Prosecutor (OTP) of the International Criminal Tribunal for the Former Yugoslavia (ICTY) concerning war crimes allegedly committed by the North Atlantic Treaty Organization (NATO) during the conduct of its war with Yugoslavia. International law regarding the conduct of war, or jus in bello, governs what are popularly thought of as “war crimes.” This body of law is currently in flux; while the OTP is not in any sense a rule-making body, its actions may give some guidance as to the direction that the development of this body of law will ...


The Proposed Domestic Reverse Hybrid Entity Regulations: Can The Treasury Department Override Treaties?, Anthony C. Infanti Jul 2001

The Proposed Domestic Reverse Hybrid Entity Regulations: Can The Treasury Department Override Treaties?, Anthony C. Infanti

Articles

This article first describes the proposed regulations issued under section 894 addressing the ability of domestic reverse hybrid entities to claim treaty benefits with respect to payments made to their interest holders (the proposed DRH regulations). After describing the proposed DRH regulations, the article next explores the potential that these regulations have to override existing U.S. treaty obligations. After concluding that the proposed DRH regulations are inconsistent with at least one existing treaty, the article concludes by questioning the power of the Treasury Department to promulgate regulations (such as the proposed DRH regulations) that override treaties.

Note: This is ...


Reframing Impunity: Applying Liberal International Law Theory To An Analysis Of Amnesty Legislation, William W. Burke-White Jul 2001

Reframing Impunity: Applying Liberal International Law Theory To An Analysis Of Amnesty Legislation, William W. Burke-White

Faculty Scholarship at Penn Law

No abstract provided.


Universal Jurisdiction: Questions Of Blind Universality, Makau Mutua Jul 2001

Universal Jurisdiction: Questions Of Blind Universality, Makau Mutua

Journal Articles

No abstract provided.


Public International Law: Environmental Law, Gilbert M. Bankobeza, Susan Biniaz, Clare Breidenich, Melanne Andromecca Civic, Gabriel E. Eckstein, David Favre, Paul E. Hagen, Teresa Hobgood, Karissa Taylor Kovner, Gregory F. Maggio, Howard Mann, Darlene A. Pearson, Margaret F. Spring, Katherine E. Mills, David W. Wagner, John Barlow Weiner Jul 2001

Public International Law: Environmental Law, Gilbert M. Bankobeza, Susan Biniaz, Clare Breidenich, Melanne Andromecca Civic, Gabriel E. Eckstein, David Favre, Paul E. Hagen, Teresa Hobgood, Karissa Taylor Kovner, Gregory F. Maggio, Howard Mann, Darlene A. Pearson, Margaret F. Spring, Katherine E. Mills, David W. Wagner, John Barlow Weiner

Faculty Scholarship

Noteworthy international activity relating to the environment occurred in a wide variety of fora in 2000. This chapter provides brief updates on some of the most significant developments. Though by no means a comprehensive review, the chapter reflects the wide sweep of issues and large number of entities now involved in the development of international environmental law, at the start of this new century. It also reflects how critical and complex this international work is, and how much remains to be done.


That Someone Guilty Be Punished: The Impact Of The Icty In Bosnia, Diane Orentlicher Jul 2001

That Someone Guilty Be Punished: The Impact Of The Icty In Bosnia, Diane Orentlicher

Reports

In That Someone Guilty Be Punished, Diane F. Orentlicher, professor of law at American University, looks at the effects and effectiveness of the ICTY, including lessons to improve future efforts to provide justice for survivors of atrocious crimes. Perhaps most importantly, Orentlicher examines the impact of the tribunal through the words and experiences of those in whose name it was established: the victims and survivors. Their expectations, hopes, and disappointments are chronicled alongside the tribunal’s achievements and limitations. Based on hundreds of hours of interviews—and featuring the voices and perceptions of dozens of Bosnian interlocutors—That Someone Guilty ...


Memorandum Of Argument For Leave To Appeal Of The Appellant James R. Demers, Court Of Appeal For Province Of British Columbia, Jeffrey C. Tuomala Jun 2001

Memorandum Of Argument For Leave To Appeal Of The Appellant James R. Demers, Court Of Appeal For Province Of British Columbia, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.


Globalization And The Nation State, Jayantha Dhanapala Apr 2001

Globalization And The Nation State, Jayantha Dhanapala

A Cartography of Governance: Exploring the Province of Environmental NGOs (April 7-8)

15 pages.


The United Nations And Civil Society, Jayantha Dhanapala Apr 2001

The United Nations And Civil Society, Jayantha Dhanapala

A Cartography of Governance: Exploring the Province of Environmental NGOs (April 7-8)

7 pages.


Technology And Governance: The Cybersnake And The Digital Apple?, Bud Wonsiewicz Apr 2001

Technology And Governance: The Cybersnake And The Digital Apple?, Bud Wonsiewicz

A Cartography of Governance: Exploring the Province of Environmental NGOs (April 7-8)

3 pages.


A Perspective On Ngos: Statement By Mr. Mohammad Kamal Yan Yahaya, Deputy Permanent Representative Of Malaysia To The United Nations, On Agenda Item 100: Globalization And Interdependence, Datuk Hamsy Bin Agam Apr 2001

A Perspective On Ngos: Statement By Mr. Mohammad Kamal Yan Yahaya, Deputy Permanent Representative Of Malaysia To The United Nations, On Agenda Item 100: Globalization And Interdependence, Datuk Hamsy Bin Agam

A Cartography of Governance: Exploring the Province of Environmental NGOs (April 7-8)

3 pages.


Agenda: A Cartography Of Governance: Exploring The Province Of Environmental Ngos, University Of Colorado Boulder. School Of Law, University Of Colorado Boulder. Environmental Program, University Of Tulsa. National Energy-Environment Law & Policy Institute, University Of Colorado Boulder. United Government Of Graduate Students Apr 2001

Agenda: A Cartography Of Governance: Exploring The Province Of Environmental Ngos, University Of Colorado Boulder. School Of Law, University Of Colorado Boulder. Environmental Program, University Of Tulsa. National Energy-Environment Law & Policy Institute, University Of Colorado Boulder. United Government Of Graduate Students

A Cartography of Governance: Exploring the Province of Environmental NGOs (April 7-8)

Presented by: the Colorado Journal of International Environmental Law and Policy on April 7 & 8, 2001. Symposium director: Lakshman D. Guruswamy.

Co-sponsored by: University of Colorado School of Law, University of Colorado Environmental Program, University of Tulsa National Energy-Environment Law and Policy Institute, University of Colorado United Government of Graduate Students.

The papers and edited proceedings of the conference will be published in a special symposium issue of the Colorado Journal of International Environmental Law & Policy (CJIELP).

"The first objective of the Symposium was to understand and explore the growing importance of nongovernmental actors, and delineate the manner in which they have changed the cartography of national and international governance. The importance of this objective was demonstrated by the carnage of September 11, 2001. The recent terrorist attacks also demonstrated the extent to which we are inhabitants of a global village. This Symposium attempted to understand the manner in which two nonterrorist, nongovernmental entities have become increasingly important actors in this global village. It reviewed the manner in which corporations and NGOs are changing the geo-political and socio-economic boundaries of national and international governance.

The second objective brings special focus to bear on environmental NGOs. The second objective seeks answers to the questions: Have not-for-profits or NGOs, gone too far in diminishing the role of the public sector and the nation-state? Is the prevailing faith in the increasingly important role played by NGOs misplaced?

After establishing the importance of nongovernmental actors in national and international governance, the Symposium sought to ascertain whether not-for-profits or NGOs have gone too far in diminishing the role of the public sector and the nation-state. It also addressed the corollary issue of whether the prevailing faith in the increasingly important roles played by NGOs is misplaced.

The Symposium identified four case studies in an attempt to shed light on these questions and to acknowledge the functions that each sector is best suited to perform. Specifically, the Symposium employed the prism of environmental policy, science, and law to examine the roles played by NGOs in addressing: (1) GMOs; (2) dams; (3) wildlife and species; and (4) indigenous peoples." -- Lakshman D. Guruswamy, Cartography of Governance: An Introduction, 13 Colo. J. Int'l Envtl. L. & Pol'y 1-3 (2002).


The Rwanda Tribunal: A Critical Assessment, Makau Mutua Apr 2001

The Rwanda Tribunal: A Critical Assessment, Makau Mutua

Journal Articles

No abstract provided.


The International Law Of Torture: From Universal Proscription To Effective Application And Enforcement, Winston P. Nagan, Lucie Atkins Apr 2001

The International Law Of Torture: From Universal Proscription To Effective Application And Enforcement, Winston P. Nagan, Lucie Atkins

UF Law Faculty Publications

This Article presents a comprehensive review of world torture and the efforts to eradicate it through both official and unofficial strategies of intervention, with special emphasis on the legal strategies. This Article recognizes the complexity of these strategies as they form a vast number of initiatives emerging from various elements of the international community. Part II of the Article touches on matters of definition and legal history. This enables the examination of the inherent characteristics of torture as they impact issues of governance, social control, and principles of basic respect and human dignity. Part III examines the efforts to universally ...


Diplomatic Adjudication, Nancy Amoury Combs Apr 2001

Diplomatic Adjudication, Nancy Amoury Combs

Faculty Publications

No abstract provided.


Effective Strategies For Protecting Human Rights: A Conference Engaging The International Community, David R. Barnhizer Apr 2001

Effective Strategies For Protecting Human Rights: A Conference Engaging The International Community, David R. Barnhizer

Law Faculty Articles and Essays

Human rights protection needs teeth. And those who work in the disparate field of human rights need to see the system more comprehensively and strategically. Far too often, political issues interfere with enforcement of human rights laws and allow violators to hide behind the unwillingness of national governments to take action to enforce existing laws against human rights violators. Lack of commitment to human rights enforcement or timely preventative or intervention actions have led to violators being left unpunished for torture, rape and genocide. This failure of governments means that there is a lack of deterent power sufficient to inhibit ...


Capital Punishment: Corporate Criminal Liability For Gross Violations Of Human Rights, Diane Marie Amann Apr 2001

Capital Punishment: Corporate Criminal Liability For Gross Violations Of Human Rights, Diane Marie Amann

Scholarly Works

These remarks were presented on February 24, 2001, in a panel concluding a conference entitled "Holding Multinational Corporations Responsible Under International Law" at Hastings College of the Law, San Francisco, California.


Review Of The Law Of Peoples, Frank J. Garcia Apr 2001

Review Of The Law Of Peoples, Frank J. Garcia

Boston College Law School Faculty Papers

No abstract provided.


Review Of Administrative And Expert Monitoring Of International Treaties, Edited By Paul C. Szasz, David A. Wirth Apr 2001

Review Of Administrative And Expert Monitoring Of International Treaties, Edited By Paul C. Szasz, David A. Wirth

Boston College Law School Faculty Papers

No abstract provided.


Protection Of Traditional Knowledge, Srividhya Ragavan Mar 2001

Protection Of Traditional Knowledge, Srividhya Ragavan

Faculty Scholarship

Knowledge has been the most coveted possession of mankind since the industrial revolution. The industrial boom after the World Wars has highlighted the importance of the so-called intellectual knowledge. Recently, the importance of knowledge that has been in the public domain (and, therefore, accessible) has come into question. The pattern of evolution of society, has been marked by a process by which the societies in developed countries have moved towards a more technological orientation. Consequentially, some traditional knowledge, including traditional practices, has been left behind and newer practices that are better, or at least considered better, are being used. Knowledge ...


Universal Jurisdiction For International Crimes: Historical Perspectives And Contemporary Practice, M. Bassiouni Jan 2001

Universal Jurisdiction For International Crimes: Historical Perspectives And Contemporary Practice, M. Bassiouni

College of Law Faculty

No abstract provided.