Open Access. Powered by Scholars. Published by Universities.®

Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

1997

PDF

Selected Works

International Law

Articles 1 - 7 of 7

Full-Text Articles in Law

Space Law: Legal Restraints On The Commercialization And Development Of Outer Space, Ty Twibell Dec 1996

Space Law: Legal Restraints On The Commercialization And Development Of Outer Space, Ty Twibell

Ty Twibell



This Article has been one of the most cited papers on Space Law for almost 20 years and remains valid until today. It was one of the most requested articles in the UMKC Law Review near the time it was published and has been used in classroom study in graduate level international and legal courses. This Note advocates legal change to promote commercial space activity. Space industrialization and commercialization offer immeasurable economic and humanitarian rewards unrealized by the average person or lawyer. The space industry was already a multi-billion dollar industry 20 years ago when this article was initially written.  …

Go to article

Implementation Of The United Nations Convention On Contracts For The International Sale Of Goods (Cisg) Under Shari’A (Islamic Law): Will Article 78 Of The Cisg Be Enforced When The Forum Is An Islamic State?, Ty Twibell Dec 1996

Implementation Of The United Nations Convention On Contracts For The International Sale Of Goods (Cisg) Under Shari’A (Islamic Law): Will Article 78 Of The Cisg Be Enforced When The Forum Is An Islamic State?, Ty Twibell

Ty Twibell

This article addresses the potential implications of CISG implementation in Islamic forums. Article 78 provides the focal point for this analysis because it awards parties interest in damages whereas Islamic law, or al Shari'a, explicitly forbids interest. Although this article discusses Shari'a on a micro-level as it analyzes the particular issue of interest, Article 78, and the immediate reality of western lawyers more frequently coming into contact with Islamic forums, it also brings to the surface the macro-concern of alleviating misunderstandings between the Western and the Arab Worlds in the process. The study of Shari'a's impact on CISG implementation is …

Go to article

Circumnavigating International Space Law, Ty Twibell Dec 1996

Circumnavigating International Space Law, Ty Twibell

Ty Twibell



Space industrial development has many difficulties; however, many of the difficulties are legal obstacles. The author has asserted that international space law presently hinders the commercial development of outer space, and thus, requires legal change. Vigorous space commercial development is crucial, however, not for intellectual development alone. It offers massive economic, medical, industrial, and humanitarian rewards. Better vaccines and antibiotics can be produced in space in far greater quantities than on earth. Mining the moons, asteroids, and comets provides answers to future energy depletion and would provide enormously less expensive construction of spacecraft and colonies than launching from Earth. Apace …

Go to article

Surrounding The Hole In The Doughnut: Discretion And Deference In U.S. Immigration Law, Daniel Kanstroom Dec 1996

Surrounding The Hole In The Doughnut: Discretion And Deference In U.S. Immigration Law, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

Go to article

International Trade Agreements: Vehicles For Regulatory Reform?, David A. Wirth Dec 1996

International Trade Agreements: Vehicles For Regulatory Reform?, David A. Wirth

David A. Wirth

No abstract provided.

Go to article

General Principles Of Law, 'Soft Law' And The Identification Of International Law, Olufemi Elias, Chin Leng Lim Dec 1996

General Principles Of Law, 'Soft Law' And The Identification Of International Law, Olufemi Elias, Chin Leng Lim

Chin Leng Lim

Treaties and custom are generally regarded as the major sources of international law. They derive their validity more or less directly from the consent of those subjects of the law which also possess the institutional authority to make law. The perceived limitations of the consensual nature of these two sources have resulted in doctrinal controversy concerning, inter alia, the existence of sources of international law which are not essentially consensual. This is the rationale for the inclusion of general principles of law recognised by civilised nations alongside treaties and customary international law in Article 38 of the Statute of the …

Go to article

The Remoteness That Betrays Desire, Kenneth Anderson Dec 1996

The Remoteness That Betrays Desire, Kenneth Anderson

Kenneth Anderson

This 1997 review in the Times Literary Supplement covered the then, as now, incendiary issue of the nude photography of children and adolescents. It reviewed photobooks by two leading photographers of children in the nude, Jock Sturges and David Hamilton. Sturges, an American, photographed mainly on nude beaches in France and Europe, often following the same families and children for years on end; he had been indicted on child pornography charges in the 1908s, although the jury took only a few minutes to find for him. Hamilton, British, has photographed in France and in various islands. The photography of child …

Go to article