Law Commons^™

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 resources, …

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

Jeffrey C. Tuomala

No abstract provided.

Review Of International Organizations And International Dispute Settlement Edited By Laurence Boisson De Chazournes, Cesare Romano, And Ruth Mackenzie, David A. Wirth

David A. Wirth

No abstract provided.

Memorandum Of Argument, Supreme Court Of Canada, In Re James R. Demers, Jeffrey C. Tuomala

Jeffrey C. Tuomala

No abstract provided.

Combating Impunity: A Compilation Of Articles On The International Criminal Court And Its Relevance To India, Vahida Nainar, Saumya Uma

Dr. Saumya Uma

Thinking Like A Lawyer, Jeffrey C. Tuomala

Jeffrey C. Tuomala

No abstract provided.

Family Unity, Kathryn Jastram

Kate Jastram

No abstract provided.

Inordinate Chill: Bits, Non-Nafta Mits, And Host-State Regulatory Freedom - An Indonesian Case Study, Stuart G. Gross

Stuart G Gross

No abstract provided.

Evolution Of Credit Union Philosophy, Matthew Wilburn King

Matthew Wilburn King PhD

This paper explores the history and evolution of credit union philosophy. The evolution of credit union philosophy spans nearly 150 years. It’s a story that begins in the middle of 19th century Europe as it was emerging from a long history of feudal relations and tyrannical rule that created “the miserable economic conditions of the period and the realization that people would have to take action themselves if their lives were to improve.”1 The democratic ideals that were so eloquently articulated by classical liberal philosophers such as John Locke and Thomas Hobbes began to be increasingly institutionalized during this time.

Non-State Actors In The Nuclear Black Market: Proposing An International Legal Framework For Preventing Nuclear Expertise Proliferation & Nuclear Smuggling By Non-State Actors, Thomas V. Burch

Thomas V. Burch

No abstract provided.

Giving Effect To Public International Law And European Community Law Before Domestic Courts. A Comparative Analysis Of The Practice Of Consistent Interpretation, Gerrit Betlem, André Nollkaemper

André Nollkaemper

This paper explores differences and similarities in how domestic courts – mainly Dutch courts – apply two distinct forms of non-domestic law: public international law and European Community law. The article focuses on the application of the principle that dominates practice in both areas: that courts should, whenever possible, construe national law in conformity with, respectively, public international law and European Community law. This article offers a systematic comparison of how courts employ this principle. On the basis of a detailed analysis of the relevant national case law and the case law of the European Court of Justice (ECJ), it …

Decisions Of National Courts As Sources Of International Law: An Analysis Of The Practice Of The Icty, André Nollkaemper

André Nollkaemper

No abstract provided.

The International Criminal Tribunal For Rwanda: A Paper Umbrella In The Rain? Initial Pitfalls And Brighter Prospects, Jackson N. Maogoto

Jackson Nyamuya Maogoto

The tragedy which befell Rwanda in 1994 deserves a special place in the bloodstained pages of history. The Rwandan genocide merits distinction primarily because of its shocking efficiency, its scale and its proportional dimensions among the victim population. The Security Council's resolution establishing the ICTR articulates a set of decisions, assumptions, wishes, and objectives. Primarily, the States that voted in favour of the creation of the ICTR indicated that the root of the problem was individual violations of international criminal law. Only one State that voted for the resolution did not equate ipso facto ICTR actions with justice. That State …

Rushing To Break The Law? “The Bush Doctrine” Of Pre-Emptive Strikes And The Un Charter Regime On The Use Of Force, Jackson N. Maogoto

Jackson Nyamuya Maogoto

The issues that the Article tackles are obviously complex and lengthy, however the Article has as its modest goal the exploration of the general arguments that the use of force to counter terrorism raises under the UN Charter regime on the use of force. In Part II, the Article gives an overview of the UN and terrorism noting the ambivalence in addressing the issue that has contributed to the confusion over a precise definition in large part reflective of the basic disagreement over the elements of terrorism itself. Part II then adopts a definition for the purposes of this Article. …

Análisis Jurídicos De La Discriminación Y Relaciones Laborales En Chile, Pablo Contreras

Pablo Contreras

No abstract provided.

The Fusades Strategy For El Salvador: Priority Areas For Judicial Reform And The Problem Of Corruption, Tamara Lothian

Tamara Lothian

No abstract provided.

Two Conceptions Of Relevance, Jonathan Yovel

Jonathan Yovel

Courts use complex modes of relevance judgments in regulating the introduction of information and construction of factual narratives; likewise, common law works both through and around relevance presuppositions in determining doctrine. This study examines different functions of relevance - conceived as different conceptions, at times competing, at times interdependent. The distinctions between these conceptions are arranged on three levels: 1) a normative/"causal" level, arguing for the status of relevance as a requirement for a "meaning-based" conception of entailment and drawing on discussions from relevance logic (RL) and modal logic; 2) a pragmatic/metapragmatic level that explores the ways in which law's …

The Utility Of An International Legal Approach To The Jerusalem Question, Davinia Aziz

Davinia Aziz

International law has not acquitted itself well when invoked to assist in the resolution of the Israeli-Palestinian conflict. Imprecisely-articulated claims and interests framed in terms of charges and counter-charges of terrorism, respective rights to self-determination, sovereignty and illegal uses of force fail to capture the complexity of reality. Juxtaposing international law's stencil-like approach to this very complex reality illuminates the law's limitations. The law is inhibited by a restricted recognition of sources of legitimacy, rooted in the ethnocentric secularism of the American and Western European powers controlling its development. This article argues that despite its apparent shortcomings, international law is …

Functional Democracy: Responding To Failures Of Accountability, Molly K. Land

Molly K. Land

No abstract provided.

Justice And Peace: The Importance Of Choosing Accountability Over Realpolitik, M. Bassiouni

M. Cherif Bassiouni

No abstract provided.

Free Association: The United States Experience, Chimene I. Keitner, W. Michael Reisman

Chimene I Keitner

No abstract provided.

Associate Statehood: Principles And Prospects, Chimene I. Keitner

Chimene I Keitner

No abstract provided.

Intellectual Property Law In India, Sonia Baldia

Sonia Baldia

No abstract provided.

Democratic Governance: An Emerging Customary Norm?, Jackson N. Maogoto

Jackson Nyamuya Maogoto

Democratic entitlement as a universal human right is a complex and multifaceted issue. The Article has as its modest aim a general reflection on the enshrinement of democracy as a universal entitlement and the movement of international law in a pro-democratic direction The Article will seek to highlight the general uncertainties that continue to plague the democratic entitlement. The Article deliberately focuses on the United Nations system with reference also being given to regional efforts. The Article does not discuss the legal justifications and nature of measures to address undemocratic regimes. While such measures are significant in pro-democratic discourse, it …

Reconciling State Sovereignty And Protections For The Internally Displaced, Bartram Brown

Bartram Brown

No abstract provided.

"Unlawful Combatants' In The United States: Drawing The Fine Line Between Law And War, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.

O Impacto Da Rodada De Doha Para As Empresas Brasileiras, Ivo T. Gico

Ivo Teixeira Gico Jr.

O presente artigo tem objetivo de apresentar o leitor às discussões travadas durante a Rodada Doha e seus impactos para o empresariado brasileiro, principalmente no que tange à questões tributárias, como a redução da Tarifa Externa brasileira, bem como o suas conseqüências para empresas que gozam de proteção tarifária.

This article's objective is to present the reader the Doha Round discussions and their impact on Brazilian business, mainly regarding tax issues, such as the reduction of Brazilian external tariffs, and their consequences for firms that enjoy tariff protection.

A Omc E O Comércio Eletrônico: Temas Para Países Em Desenvolvimento, Ivo T. Gico

Ivo Teixeira Gico Jr.

O objetivo deste texto é trazer algumas das questões mais gerais e predominantente importantes para os países em desenvolvimento que estão surgindo no âmbito da OMC e as possíveis conseqüências para os PEDs, , na esteira do reconhecimento internacional do direito que os povos têm de se desenvolver.

The aim of this paper is to bring some of the most prominent and general questions, which are important for developing countries that are emerging in the WTO and the possible consequences for PEDs, in the wake of the international recognition of the development right of the people.

Neo-Positivismo E Pós-Positivismo Jurídico, Haradja L. Torrens

Haradja L Torrens

No abstract provided.

Report Of The Committee Of Experts On Nation Rebuilding In Afghanistan, Paul Williams, Michael Scharff

Paul Williams

With the destruction of the Taliban regime, the international community is turning its attention toward the establishment of an interim government consistent with the Bonn Accords, and the identification of a process for selecting a more long-term governing arrangement. As is well known, these first steps toward establishing a new government in Afghanistan are the beginning of a long and difficult process for re-establishing peace. Absent a comprehensive and attainable plan for nation rebuilding in Afghanistan, the United States may find that despite its victory on the battle- field, it may be unable to adequately achieve its long term security …