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2003

International Law

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Full-Text Articles in Law

International Marine Environment Law: A Case Study In The Wider Caribbean Region, Benedict C. Sheehy Dec 2003

International Marine Environment Law: A Case Study In The Wider Caribbean Region, Benedict C. Sheehy

ExpressO

Abstract: This study examines the effectiveness of international marine environment law in controlling and abating contamination of the marine environment in the Wider Caribbean Region. The main international agreement covering the region is the Cartagena Convention which came into force in 1983. This convention, initiated by the UNEP under its Regional Seas Program, is considered one of the most successful of the programs. The study examines that claim in light of events since the adoption of the Cartagena Convention by the majority of nations bordering on the region. Mexico, because of its stature as a leading Latin American nation, is ...


Arthritic Flexibilities: Analysis Of Wto Action Regarding Paragraph 6 Of The Doha Declaration On The Trips Agreement And Public Health, Brook K. Baker Dec 2003

Arthritic Flexibilities: Analysis Of Wto Action Regarding Paragraph 6 Of The Doha Declaration On The Trips Agreement And Public Health, Brook K. Baker

ExpressO

This paper explores the tortured history of developing countries’ pursuit of access to affordable generic medicines that they are unable to produce efficiently on their own. Having lost rights to treat medicines as essential commodities and as generalized exceptions to patent protections in the WTO TRIPS Agreement, developing countries and public health activists temporarily reasserted the primacy of health over profits in the Doha Declaration on the TRIPS Agreement and Public Health in November of 2001. However, since most developing countries lack meaningful pharmaceutical capacity to manufacture medicines efficiently on their own, they needed flexibility to import medicines from countries ...


Book Review: The Many Faces Of Power: An International Law Response To Robert Kagan’S “Of Paradise And Power”, Jason G. Morgan-Foster Dec 2003

Book Review: The Many Faces Of Power: An International Law Response To Robert Kagan’S “Of Paradise And Power”, Jason G. Morgan-Foster

ExpressO

After summarizing the main points of Kagan’s book, the review responds to Kagan’s perception of power using the assumptions of international law, contrasting his definition of power to that of several international legal scholars. It then places Kagan’s realist approach in a broader context of international relations and international legal theory, beginning with a discussion of challenges to realism, and concluding with an examination of the growing body of “integrationist” literature which posits that the fields of international law and international relations are merging. The review then returns to the question of power, examining ways in which ...


Determinantes Explícitos E Implícitos De La Deuda Externa Pública Peruana, José Manuel Martin Coronado Dec 2003

Determinantes Explícitos E Implícitos De La Deuda Externa Pública Peruana, José Manuel Martin Coronado

José-Manuel Martin Coronado

This research aims to prove that sound economic policies are nothing more that basic conditions for the foreign public debt problem. In fact, by studying the factors of public debt issues in Peru, Latin America and the emerging economies it’s clear that some implicit economic and non-economic factors have to be considered because of the social complexity and variable characteristics in emerging economies. This causes failures in economic policies assumptions, inefficiencies, distorted causality and nonrational behavior. This paper proposes, first, to perform a deep and comparative analysis of the foreign debt determinants in emerging economies, then, to allocate financial ...


Employment Market Institutions And Japanese Working Hours, Mark West Dec 2003

Employment Market Institutions And Japanese Working Hours, Mark West

Law & Economics Working Papers Archive: 2003-2009

Why do Japanese workers work such long hours? Beginning with a series of cases in the 1950s, Japanese courts drastically curtailed firms’ abilities to dismiss workers. As a consequence of the inability to dismiss workers legally, large Japanese firms hired a smaller number of workers than were necessary to fulfill capacity without overtime. Employers rely on the working hours of this undersized cadre of workers, carefully screened to rule out the slothful, as a buffer. In bad times, the size of the work force makes dismissal unnecessary. In good times, workers are forced to work long hours. While these court ...


Reforming History: Turkey’S Legal Regime And Its Potential Accession To The European Union, Dinesh D. Banani Dec 2003

Reforming History: Turkey’S Legal Regime And Its Potential Accession To The European Union, Dinesh D. Banani

Boston College International and Comparative Law Review

For the past decade, Turkey and the European Union (EU) have had serious discussions about Turkey's possible entrance into the EU. The intensity of these talks, however, has always been tempered by Turkey's extremely questionable human rights practices. The most marked aspects of this record are the country's treatment of the Kurdish minority and its quashing of political dissent through the heavyhanded use of its legal system. In this note, I will argue that, despite Turkey's increasing political and economic stature in the world, it will not be able to gain entry into the EU until ...


It’S “Instant Custom”: How The Bush Doctrine Became Law After The Terrorist Attacks Of September 11, 2001, Benjamin Langille Dec 2003

It’S “Instant Custom”: How The Bush Doctrine Became Law After The Terrorist Attacks Of September 11, 2001, Benjamin Langille

Boston College International and Comparative Law Review

Historically, courts have recognized a customary international law only upon finding evidence of uniform state practice over a protracted period of time. In today's rapidly evolving global society, however, "instant custom" theorists contend that new customary international laws may form in much less time than the decades upon decades of consistent practice traditionally required. This Note considers the instant custom theory and argues that the Bush Doctrine became a new customary international law in the immediate aftermath ofthe terrorist attacks of September 11, 2001.


An Islamic Perspective On Domestic Violence, Azizah Y. Al-Hibri Dec 2003

An Islamic Perspective On Domestic Violence, Azizah Y. Al-Hibri

Law Faculty Publications

In this Article, the author addresses the traditional Islamic view of domestic violence. To understand the Islamic perspective on domestic violence, the author will explore the Islamic view of gender relations, especially within the family. This view is rooted in the Qur'an, which is examined in this Article.


The Political Economy Of International Antitrust Harmonization, John O. Mcginnis Dec 2003

The Political Economy Of International Antitrust Harmonization, John O. Mcginnis

William & Mary Law Review

No abstract provided.


Different Roads To The Rule Of Law: Their Importance For Law Reform In Taiwan, James Maxeiner Dec 2003

Different Roads To The Rule Of Law: Their Importance For Law Reform In Taiwan, James Maxeiner

All Faculty Scholarship

Talk of law reform is in the air throughout East Asia. Whether in Beijing or Tokyo or here, law reform is spoken of in terms of strengthening the Rule of Law. But what is the Rule of Law? Different legal systems have different roads to reach the Rule of Law. These different roads are noticeable mainly in the different emphases different systems place on two critical elements in the realization of the Rule of Law State, namely rules and the machinery for implementing the rules, i.e., courts and administrative agencies. The Rule of Law makes demands on both the ...


United States Citizens Detained As "Enemy Combatants": The Right To Counsel As A Matter Of Ethics, Jesselyn A. Radack Dec 2003

United States Citizens Detained As "Enemy Combatants": The Right To Counsel As A Matter Of Ethics, Jesselyn A. Radack

William & Mary Bill of Rights Journal

The Supreme Court will decide as a matter of law whether an American citizen detained as an enemy combatant has the right to counsel. The author argues that as a matter of ethics, the answer is clear - there is a right to counsel. In this Article, the author analyzes the cases regarding Jose Padilla and Yaser Esam Hamdi discusses ABA Model Rule 4.2, and its application, and proposes an amendment to Rule 4.2's Comment.


Panelist: “Public International Law—Dead Or Alive?”, David Wirth Nov 2003

Panelist: “Public International Law—Dead Or Alive?”, David Wirth

David A. Wirth

No abstract provided.


Developing Internationally Uniform Liability Principles For Harms From Genetically Modified Organisms , Ryan C. Hansen Nov 2003

Developing Internationally Uniform Liability Principles For Harms From Genetically Modified Organisms , Ryan C. Hansen

ExpressO

This paper analyzes the current legal principles regarding liabillity for harms from genetically modified organisms (GMOs) in the U.S. and E.U., as well as the various international policies and mechanisms affecting GMOs


Are Your Click-Wrap Agreements Valid?—Internet Contracting In The Global Electronic Age: Comparative Perspectives For Taiwan, James Maxeiner Nov 2003

Are Your Click-Wrap Agreements Valid?—Internet Contracting In The Global Electronic Age: Comparative Perspectives For Taiwan, James Maxeiner

All Faculty Scholarship

Addresses the issue of standard terms in click-wrap and shrink-wrap licenses generally and in some detail how the laws of Taiwan, Germany, the European Union, the United States and Japan.


Benin’S Constitutional Court: An Institutional Model For Enforcing Human Rights, Anna Rotman Nov 2003

Benin’S Constitutional Court: An Institutional Model For Enforcing Human Rights, Anna Rotman

ExpressO

This piece is based on field research the author conducted in Benin, West Africa during January 2003. The paper explores how the Court operates as a hybrid institution, by combining the competences traditionally associated with a constitutional court with the mandate of a national human rights commission. The paper argues that the Beninese Constitutional Court could provide an institutional model for guaranteeing human rights through a state-sponsored institution.


Wto Plus: Creating Liberal Investment Through Regulating Tax Incentives, Jeremiah Johnson Nov 2003

Wto Plus: Creating Liberal Investment Through Regulating Tax Incentives, Jeremiah Johnson

ExpressO

The World Trade Organization’s (WTO) narrow reading of the Agreement on Trade Related Investment Measures (TRIMs) should be expanded to prohibit specific and targeted tax incentives aimed at attracting foreign investment. These tax incentives restrict investment and trade liberalization. This paper proposes that trade and investment are intrinsically linked, and as such, the WTO is the proper forum to regulate investment measures. This paper argues the case against specific foreign investment attracting tax incentives. These incentives do little to actually attract investment, and are harmful to development. Individual tax incentives also limit the collective global benefits of investment. This ...


Who Holds The Real Veto: Use Of Force And The Trusteeship Analogy, Paul Tan Nov 2003

Who Holds The Real Veto: Use Of Force And The Trusteeship Analogy, Paul Tan

ExpressO

It is a well-known fact that except when a country is defending herself from an armed attack, all recourse to force must be authorized by the Security Council. In early 2003, when President Bush became frustrated at the reluctance of the UN Security Council to authorize the use of force against Iraq for stalling on the weapons inspections regime, he told the world in no uncertain terms that America would attack Iraq alone if necessary. What I want to explore in this article is the question of whether countries retain a residual right to act outside of such authorization on ...


International Comity & International Adoption: When Is International Adoption “Repugnant?, Malinda Seymore Nov 2003

International Comity & International Adoption: When Is International Adoption “Repugnant?, Malinda Seymore

Malinda L. Seymore

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Europe: Open Market… Open Source?, Heather Forrest Nov 2003

Europe: Open Market… Open Source?, Heather Forrest

Duke Law & Technology Review

The recent Proposed Directive on the patentability of computer-implemented inventions takes the European Community a step further down the road towards patents for computer software. If the goal of the Proposed Directive is to facilitate market entry for individual programmers and small and medium enterprises -- as it must be within the framework of the European Treaty -- then the European Commission should not be expanding intellectual property rights in technology goods, which, by their very nature, will lose value to the public long before their monopoly rights expire. Rather, the Commission should look to the open source movement and other, more ...


Beware Of Lawyers Bearing Ggifts: A Critical Evaluation Of The Report Of Wg Ii To The European Convention On Incorporation Of The Eu Charter Of Fundamental Rights And Accession To The European Convention Of Human Rights., Stephen Carruthers Nov 2003

Beware Of Lawyers Bearing Ggifts: A Critical Evaluation Of The Report Of Wg Ii To The European Convention On Incorporation Of The Eu Charter Of Fundamental Rights And Accession To The European Convention Of Human Rights., Stephen Carruthers

Articles

This article undertakes a critical analysis of the fundamental rights provisions of the draft Treaty establishing a Constitution for Europe as presented to the President of the European Council in Rome on 18 July 2003, and in particular the Articles in Parts I and II of the draft Constitution incorporating proposals made in the final Report of Working Group II on “Incorporation of the Charter/Accession to the ECHR”.


Statement On The Third United Nations Conference On The Law Of The Sea In Caracas, July 15th 1974, Mochtar Kusumaatmadja Oct 2003

Statement On The Third United Nations Conference On The Law Of The Sea In Caracas, July 15th 1974, Mochtar Kusumaatmadja

Indonesian Journal of International Law

No abstract provided.


It's Time To Be Fair To Jonathan Pollard, Kenneth Lasson Oct 2003

It's Time To Be Fair To Jonathan Pollard, Kenneth Lasson

All Faculty Scholarship

No abstract provided.


Trial Of The Accused Taliban And Al Qaeda Operatives Captured In Afghanistan And Detained On A U.S. Military Base In Cuba, Jaime Jackson Oct 2003

Trial Of The Accused Taliban And Al Qaeda Operatives Captured In Afghanistan And Detained On A U.S. Military Base In Cuba, Jaime Jackson

ExpressO

A timely piece proposing solutions for issues certain to be raised in the upcoming trials of the accused Taliban and Al Qaeda operatives captured in Afghanistan and detained on a U.S. military base in Cuba. In the article, I begin by examining the history and jurisdiction of Article I and Article III courts and then address the history and structure of the Al Qaeda and Taliban regimes. After considering the Constitution, federal statutes, politics, and geographical limitations, I conclude that Al Qaeda detainees should be tried in Article III courts under terrorism statutes and Taliban detainees, as military combatants ...


“All Aboard!” An Overview Of The Continuing Debate Regarding The Enforceability Of Dispute Resolution Provisions Of Filipino Seamen Employment Contracts, Richard V. Blystone Oct 2003

“All Aboard!” An Overview Of The Continuing Debate Regarding The Enforceability Of Dispute Resolution Provisions Of Filipino Seamen Employment Contracts, Richard V. Blystone

ExpressO

No abstract provided.


A Gradual Shift In U.S. Privacy Laws Towards A Comprehensive Regime , Kamaal R. Zaidi Oct 2003

A Gradual Shift In U.S. Privacy Laws Towards A Comprehensive Regime , Kamaal R. Zaidi

ExpressO

This paper examines the current trends in a predominantly sectoral U.S. privacy regime that appears to be becoming more comprehensive in nature with respect to data privacy protection. This trend has been greatly attributed to the European Union's comprehensive position on data privacy protection. This paper investigates the growth in U.S. data privacy protection in relation to federal and state legislative history, federal administrative procedures, and private industry efforts. This shift from sectoral to comprehensive regimes is significant in the backdrop of U.S-EU trade relations.


The Israeli Lust For Peace: Illusion, Tragedy And Prospect, Lloyd R. Cohen Oct 2003

The Israeli Lust For Peace: Illusion, Tragedy And Prospect, Lloyd R. Cohen

ExpressO

The wishful thinking of Israelis and Americans has led to a pursuit of peace through negotiation and concilliation. This process has led more nearly to war, terrorism and great human suffering than to peace.


In Defense Of Chief Justice Roy S. Moore, Jeffrey C. Tuomala Oct 2003

In Defense Of Chief Justice Roy S. Moore, Jeffrey C. Tuomala

Jeffrey C. Tuomala

No abstract provided.


Georgia Journal Of International And Comparative Law Editorial And Managing Boards 2003-2004, Georgia Journal Of International And Comparative Law Oct 2003

Georgia Journal Of International And Comparative Law Editorial And Managing Boards 2003-2004, Georgia Journal Of International And Comparative Law

Materials from All Student Organizations

No abstract provided.


In Defense Of Chief Justice Roy S. Moore, Jeffrey C. Tuomala Oct 2003

In Defense Of Chief Justice Roy S. Moore, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.


Envisioning A Global Legal Culture, Charles H. Koch Jr. Oct 2003

Envisioning A Global Legal Culture, Charles H. Koch Jr.

Faculty Publications

No abstract provided.