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Articles 7891 - 7920 of 8644
Full-Text Articles in Law
The Perils Of Globalization And The World Trading System, Professor John H. Jackson
The Perils Of Globalization And The World Trading System, Professor John H. Jackson
Fordham International Law Journal
Part I will be a brief reminder of the policy objectives and implications of the international economic system. Part II will overview the world trading system's need for a cooperative international mechanism or institution. Part III will examine the characteristics needed for a successful institution of this type, which might be the WTO. Part IV will explore some problems connected with the current situation related to the needed characteristics.
Two Snowflakes Are Alike: Assumptions Made In The Debate Over Standing Before World Trade Organization Dispute Settlement Boards, Philip M. Nichols
Two Snowflakes Are Alike: Assumptions Made In The Debate Over Standing Before World Trade Organization Dispute Settlement Boards, Philip M. Nichols
Fordham International Law Journal
This Essay identifies five assumptions that have worked their way into the debate on standing before the dispute settlement panels of the World Trade Organization (“WTO”). The dispute settlement process is one of the most visible — and most scrutinized — activities of the WTO. Moreover, the dispute settlement process constitutes an integral part of the international trade regime. The five assumptions discussed in this Essay are assumptions; they have neither been proven nor disproven by either side of the debate. This Essay does not empirically treat any of these assumptions, other than to demonstrate that they are assumptions. Rather, …
Synthetic Lease Financing For The Acquisition And Construction Of Power Generation Facilities In A Changing U.S. Energy Environment, Thomas R. Fileti, Carl R. Steen
Synthetic Lease Financing For The Acquisition And Construction Of Power Generation Facilities In A Changing U.S. Energy Environment, Thomas R. Fileti, Carl R. Steen
Fordham International Law Journal
This Essay will describe synthetic lease financings and provide an analysis of the advantages and disadvantages of these transactions for the acquisition or construction of a power generation facility. During the past two years, several leading players in the power generation industry have used “synthetic” leases to finance both the construction and acquisition of power generation assets, as well as bulk purchases of combustion turbines. Synthetic leases can offer a tax and balance sheet efficient alternative for the acquisition and construction of a power generation facility and related equipment (collectively referred to in this Essay as a “power generation facility”). …
Towards A Functional International Criminal Court: An Argument In Favor Of A Strong Privileges And Immunities Agreement, Lindsay Zelniker
Towards A Functional International Criminal Court: An Argument In Favor Of A Strong Privileges And Immunities Agreement, Lindsay Zelniker
Fordham International Law Journal
Part I of this Note discusses the legal doctrines governing privileges and immunities of U.N. officials and diplomats in international law. Part I also describes the manner in which diplomatic and U.N. privileges and immunities are applied to the ICC. Part II outlines the conflict between the goals of advancing human rights and preserving political sovereignty in international law. Part III argues that the adoption of the Rome Statute compels an international responsibility to achieve the goal of an effective and independent Court. This Note concludes that providing increased privileges and immunities to ICC personnel at the expense of some …
Equal Access To Justice: Comparing Access To Justice In The United States And Other Industrial Democracies, Justice Earl Johnson, Jr.
Equal Access To Justice: Comparing Access To Justice In The United States And Other Industrial Democracies, Justice Earl Johnson, Jr.
Fordham International Law Journal
It is time--long past time--for the United States to join the growing international consensus that words like “due process,” “fair hearing,” “equal protection of the laws,” and “equality before the law,” all express a universal principle--a right to equal justice to be enjoyed by everyone. And, as the European Court on Human Rights pointed out, if this right is to be “practical and effective,” and not merely “theoretical or illusory,” then for those unable to afford counsel, the right to equal justice must include the right to a lawyer supplied by government. Why is this so important? As the European …
Toleration, Autonomy And Respect, Colin J. Harvey
Toleration, Autonomy And Respect, Colin J. Harvey
Michigan Journal of International Law
Review of On Toleration by Michael Walzer
The Problems With Scorecards: How (And How Not) To Measure The Cost-Effectiveness Of Economic Sanctions, Richard W. Parker
The Problems With Scorecards: How (And How Not) To Measure The Cost-Effectiveness Of Economic Sanctions, Richard W. Parker
Michigan Journal of International Law
This Article looks "beneath the bridge" of sanctions law and policy to investigate these foundational questions. Part I will look briefly behind the currently prevailing estimate for the direct economic cost of high foreign policy export sanctions for the U.S. economy. It will demonstrate that the most widely reported aggregate cost estimate of $15-20 billion per year and 200,000 U.S. jobs lost is unsubstantiated. Moreover, the evidence is clear that environmental trade sanctions, i.e., import restrictions deployed for environmental purposes, have cost U.S. companies and workers virtually nothing. Trade sanctions may impose very significant costs on individual companies, and these …
The Statute Of The International Criminal Court And Third States, Gennady M. Danilenko
The Statute Of The International Criminal Court And Third States, Gennady M. Danilenko
Michigan Journal of International Law
This paper examines the principal legal and political effects of the Rome Statute on non-parties. In particular, it explores the significance of the creation of a new powerful international institution for all members of the international community. It discusses the jurisdictional reach of the ICC which will inevitably affect all States. This paper also analyzes possible application of some provisions of the Rome Statute to non-States Parties in so far as these may reflect or generate customary international law. It suggests that despite the traditional principle of treaty law, according to which treaties do not bind Third States, the Rome …
The Desirability Of Agreeing To Disagree: The Wto, Trips, International Ipr Exhaustion And A Few Other Things, Vincent Chiappetta
The Desirability Of Agreeing To Disagree: The Wto, Trips, International Ipr Exhaustion And A Few Other Things, Vincent Chiappetta
Michigan Journal of International Law
This Article proposes a procedural and substantive approach specifically designed to achieve this result. Concerning process, interim national and regional decisionmaking and the multilateral debate must expressly broaden and clarify the values and interests at stake. Three basic operational principles advance this objective. First, comparisons based on IPR labels (patent, copyright, and the like) confuse rather than illuminate. Instead, focus must be on the actual underlying policy justifications and objectives. Second, the full range of implicated justifications (economic and otherwise), including those outside the decision-makers' own norms, must be expressly identified and considered. Finally, any position taken or decision reached …
On The Frontier Of Procedural Innovation: Advance Pricing Agreements And The Struggle To Allocate Income For Cross Border Taxation, Diane M. Ring
On The Frontier Of Procedural Innovation: Advance Pricing Agreements And The Struggle To Allocate Income For Cross Border Taxation, Diane M. Ring
Michigan Journal of International Law
This paper outlines a recent procedural innovation in the tax area, the Advance Pricing Agreement Program ("APA" program), and evaluates its success. Such a case study can play a significant role in linking procedural innovation to the broader issues of administrative law theory and regulatory reform. For example, a working model such as the APA program, built on flexibility and creativity, may support administrative theories advocating discretion, flexibility, and experimentation. Conversely, some interest group theories of regulation (e.g., public choice theory), can prompt critical examination of reforms like APAs that exhibit limited openness to scrutiny. The APA program is an …
Post-Cold War International Security Threats: Terrorism, Drugs, And Organized Crime Symposium Transcript, Michigan Journal Of International Law
Post-Cold War International Security Threats: Terrorism, Drugs, And Organized Crime Symposium Transcript, Michigan Journal Of International Law
Michigan Journal of International Law
Symposium transcript.
Palestinian Legislative Council Proposed Arbitration Law, Palestine Legislative Council
Palestinian Legislative Council Proposed Arbitration Law, Palestine Legislative Council
Case Western Reserve Journal of International Law
No abstract provided.
Shaky Pillars: An Introduction To Commentaries On The Legal Foundations For Peace And Prosperity In The Middle East, Hiram E. Chodosh
Shaky Pillars: An Introduction To Commentaries On The Legal Foundations For Peace And Prosperity In The Middle East, Hiram E. Chodosh
Case Western Reserve Journal of International Law
No abstract provided.
Masthead, Volume 32 Issue 2 (2000)
Masthead, Volume 32 Issue 2 (2000)
Case Western Reserve Journal of International Law
No abstract provided.
Proposed Palestinian Law On International Commercial Arbitration, Palestine Legislative Council
Proposed Palestinian Law On International Commercial Arbitration, Palestine Legislative Council
Case Western Reserve Journal of International Law
No abstract provided.
The Appointment Of General Yaron: Continuing Impunity For The Sabra And Shatilla Massacres, Linda A. Malone
The Appointment Of General Yaron: Continuing Impunity For The Sabra And Shatilla Massacres, Linda A. Malone
Case Western Reserve Journal of International Law
commentary
Volume 32 Issue 2 (2000), Cwru Journal Of International Law
Volume 32 Issue 2 (2000), Cwru Journal Of International Law
Case Western Reserve Journal of International Law
No abstract provided.
Reflections: Beyond Compliance Theory--Trips As A Substantive Issue, Peter M. Gerhart
Reflections: Beyond Compliance Theory--Trips As A Substantive Issue, Peter M. Gerhart
Case Western Reserve Journal of International Law
No abstract provided.
The Trips Agreement Comes Of Age: Conflict Or Cooperation With The Developing Countries, J.H. Reichman
The Trips Agreement Comes Of Age: Conflict Or Cooperation With The Developing Countries, J.H. Reichman
Case Western Reserve Journal of International Law
No abstract provided.
Volume 32 Issue 3 (2000), Cwru Journal Of International Law
Volume 32 Issue 3 (2000), Cwru Journal Of International Law
Case Western Reserve Journal of International Law
No abstract provided.
International Commercial Arbitration: A Case Study Of The Areas Under Control Of The Palestinian Authority, Marshall J. Breger, Shelby R. Quast
International Commercial Arbitration: A Case Study Of The Areas Under Control Of The Palestinian Authority, Marshall J. Breger, Shelby R. Quast
Case Western Reserve Journal of International Law
No abstract provided.
Compliance & Effectiveness In International Regulatory Cooperation, Kal Raustiala
Compliance & Effectiveness In International Regulatory Cooperation, Kal Raustiala
Case Western Reserve Journal of International Law
No abstract provided.
International Intellectual Property Litigation In The Next Millenium, Justice Jacob Hon.
International Intellectual Property Litigation In The Next Millenium, Justice Jacob Hon.
Case Western Reserve Journal of International Law
No abstract provided.
Journal Of International Law Intellectual Property Symposium--The Conceptual Framework, Journal Of International Law
Journal Of International Law Intellectual Property Symposium--The Conceptual Framework, Journal Of International Law
Case Western Reserve Journal of International Law
concept paper
Cynthia Millen's The Right To Privacy In The United States And Ireland, Robert P. Lawry
Cynthia Millen's The Right To Privacy In The United States And Ireland, Robert P. Lawry
Case Western Reserve Journal of International Law
No abstract provided.
In Through The Side Door: Analyzing In Re Anikwata Under U.S. Asylum Law And The Torture Convention, James A. Lazarus
In Through The Side Door: Analyzing In Re Anikwata Under U.S. Asylum Law And The Torture Convention, James A. Lazarus
Case Western Reserve Journal of International Law
No abstract provided.
Volume 32 Issue 1 (2000), Cwru Journal Of International Law
Volume 32 Issue 1 (2000), Cwru Journal Of International Law
Case Western Reserve Journal of International Law
No abstract provided.
The Constitution Of Europe, By Joseph H. H. Weiler, Edward A. Mearns Jr.
The Constitution Of Europe, By Joseph H. H. Weiler, Edward A. Mearns Jr.
Case Western Reserve Journal of International Law
available after review at page 163
Masthead, Volume 32 Issue 1 (2000)
Masthead, Volume 32 Issue 1 (2000)
Case Western Reserve Journal of International Law
No abstract provided.
Trial By Jury: Right Or Privilege?, David P. Rowe
Trial By Jury: Right Or Privilege?, David P. Rowe
University of Miami International and Comparative Law Review
No abstract provided.