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Full-Text Articles in Law

Trade Disputes Over Science: The European Union’S Ban On Hormone-Treated Beef And Genetically Engineered Foods And Crops, David Wirth Sep 2004

Trade Disputes Over Science: The European Union’S Ban On Hormone-Treated Beef And Genetically Engineered Foods And Crops, David Wirth

David A. Wirth

No abstract provided.


Amid Scarcity, Emerging Global Society Requires Justice, Frank Garcia Aug 2004

Amid Scarcity, Emerging Global Society Requires Justice, Frank Garcia

Frank J. Garcia

No abstract provided.


¿Prevalecen Los Tratados Internacionales Sobre La Constitución? Propuesta De Una Doctrina No Extremista, Juan Carlos Riofrío Martínez-Villalba Jun 2004

¿Prevalecen Los Tratados Internacionales Sobre La Constitución? Propuesta De Una Doctrina No Extremista, Juan Carlos Riofrío Martínez-Villalba

Juan Carlos Riofrío Martínez-Villalba

No abstract provided.


Workshop Co-Instructor: “International Environmental Policy, Negotiations, And Law", David Wirth Apr 2004

Workshop Co-Instructor: “International Environmental Policy, Negotiations, And Law", David Wirth

David A. Wirth

No abstract provided.


The Australia-United States Free Trade Agreement 2004 And The Copyright Term Extension. A Submission To The Senate Select Committee., Matthew Rimmer Mar 2004

The Australia-United States Free Trade Agreement 2004 And The Copyright Term Extension. A Submission To The Senate Select Committee., Matthew Rimmer

Matthew Rimmer

"There is a whole constituency out there with a strong view against copyright term extension and we are arguing that case." Mark Vaile, Minister for Trade (December 2003)
"Extending our copyright term by 20 years doesn’t really protect our authors, yet it still taxes our readers." Professor Andrew Christie, Director, Intellectual Property Research Institute of Australia, the University of Melbourne
"Perpetual Copyright On An Instalment Plan" Professor Peter Jaszi, Washington University
"A Piracy Of The Public Domain" Professor Lawrence Lessig, Stanford University
"A Gift To Intellectual Property Producers" Henry Ergas
"Intellectual Purgatory" Justice Stephen Breyer, Supreme Court of the United …


Panel Moderator: “Immigration Law And Human Rights: Legal Line Drawing Post-September 11”, David Wirth Feb 2004

Panel Moderator: “Immigration Law And Human Rights: Legal Line Drawing Post-September 11”, David Wirth

David A. Wirth

No abstract provided.


The Place Of Human Rights Law In World Trade Organization Rules, Stephen Joseph Powell Feb 2004

The Place Of Human Rights Law In World Trade Organization Rules, Stephen Joseph Powell

Stephen Joseph Powell

WTO rules routinely are linked to the inability of nations to make meaningful progress in sharpening environmental and other human rights protections, for example, the failure of the 2002 Johannesburg World Summit on Sustainable Development to usher in any new treaties despite the bright promise of the Rio Earth Summit of the previous decade. The common brief of environmental, medical, and development interest groups is that the market principles of supply and demand, comparative advantage, and non-discrimination on which global trade rules are built have encumbered pursuit by nations of fundamental non-economic objectives that must in any reasoned legal hierarchy …


Reservations To Treaties And Norms Of Jus Cogens – A Comment On Human Rights General Comment No. 24, Ulf Linderfalk Dec 2003

Reservations To Treaties And Norms Of Jus Cogens – A Comment On Human Rights General Comment No. 24, Ulf Linderfalk

Ulf Linderfalk

No abstract provided.


Countermeasures And High Seas Fisheries Enforcement, Rosemary Rayfuse Dec 2003

Countermeasures And High Seas Fisheries Enforcement, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.


Non-Flag State Enforcement In High Seas Fisheries, Rosemary Rayfuse Dec 2003

Non-Flag State Enforcement In High Seas Fisheries, Rosemary Rayfuse

Rosemary Rayfuse

This book is the first comprehensive examination of state practice relating to enforcement by non-flag states of the high seas conservation and management measures adopted by Regional Fisheries Organisations. Moving beyond the issue of the implementation of the United Nations Fish Stocks Agreement, it demonstrates an emerging exception, in customary international law, to the rule of primacy of flag state jurisdiction in the high seas fisheries context and delineates the parameters in which this emerging exception allowing for non-flag jurisdiction may be exercised. This book contains extensive factual descriptions of state practice as well as comprehensive legal analyses of that …


Law, Justice, And Power: Between Reason And Will (Stanford University Press), Sinkwan Cheng Dec 2003

Law, Justice, And Power: Between Reason And Will (Stanford University Press), Sinkwan Cheng

Sinkwan Cheng

This is an unprecedented volume that brings together J. Hillis Miller, Julia Kristeva, Slavoj Zizek, Ernesto Laclau, Alain Badiou, Nancy Fraser, and other prominent intellectuals from five countries in seven disciplines to provide fresh perspectives on the new configurations of law, justice, and power in the global age. The work engages and challenges past and present scholarship on current topics in legal studies: globalization, post-colonialism, multiculturalism, ethics, post-structuralism, and psychoanalysis. The book is divided into five parts. The first debates issues of (trans-)national justice and human rights in the global age, focusing on military interventions and refugee policies. Part II …


Environmental Law And Policy: Nature, Law, And Society, David Wirth, Zygmunt Plater Dec 2003

Environmental Law And Policy: Nature, Law, And Society, David Wirth, Zygmunt Plater

David A. Wirth

No abstract provided.


A Survival Guide For Small Businesses: Avoiding The Pitfalls In International Dispute Resolution, Susan Franck Dec 2003

A Survival Guide For Small Businesses: Avoiding The Pitfalls In International Dispute Resolution, Susan Franck

Susan D. Franck

No abstract provided.


Some Reflexions Concerning Jurisdiction In Cases On Cross-Border Trademark Infringements Through The Internet, Ulf Maunsbach Dec 2003

Some Reflexions Concerning Jurisdiction In Cases On Cross-Border Trademark Infringements Through The Internet, Ulf Maunsbach

Ulf Maunsbach

No abstract provided.


Etat Des Lieux Des Droits De L’Homme, Du Droit International Humanitaire Et Du Droit International Pénal Face Aux Requêtes En «Réparation» Des Grands Crimes De L’Histoire: Bilan Prospectif (In French), Bartram Brown Dec 2003

Etat Des Lieux Des Droits De L’Homme, Du Droit International Humanitaire Et Du Droit International Pénal Face Aux Requêtes En «Réparation» Des Grands Crimes De L’Histoire: Bilan Prospectif (In French), Bartram Brown

Bartram Brown

No abstract provided.


Barely Borders: Issues Of International Law, Bartram Brown Dec 2003

Barely Borders: Issues Of International Law, Bartram Brown

Bartram Brown

No abstract provided.


Intervention, Self-Determination, Democracy And The Residual Responsibilities Of The Occupying Power In Iraq, Bartram Brown Dec 2003

Intervention, Self-Determination, Democracy And The Residual Responsibilities Of The Occupying Power In Iraq, Bartram Brown

Bartram Brown

No abstract provided.


America Goes Global, Daniel Kanstroom Dec 2003

America Goes Global, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.


Stories From Immigration Practice, Daniel Kanstroom Dec 2003

Stories From Immigration Practice, Daniel Kanstroom

Daniel Kanstroom

No abstract provided.


Direitos Humanos - Jornal O Povo, Haradja L. Torrens Dec 2003

Direitos Humanos - Jornal O Povo, Haradja L. Torrens

Haradja L Torrens

No abstract provided.


Preemption In The 21st Century: What Are The Legal Parameters?, Paul R. Williams, Scott Lyons, Tali Neuwirth Dec 2003

Preemption In The 21st Century: What Are The Legal Parameters?, Paul R. Williams, Scott Lyons, Tali Neuwirth

Paul Williams

While there has been significant political discussion as to the utility and/or risks associated with the doctrine of preemption, the legal debate has to date been fairly limited. Few if any have sought to define the legal parameters of the doctrine. The purpose of this article is to help define the appropriate legal parameters for use of the doctrine. This article will first review the strategic rationale for preemption, and a detailed definition of the modern doctrine. This will be followed by a review of the United States’ government’s legal rationale and a review of the emerging legal debate before …


Earned Sovereignty: An Emerging Conflict Resolution Approach, Paul R. Williams, Karen Heymann Dec 2003

Earned Sovereignty: An Emerging Conflict Resolution Approach, Paul R. Williams, Karen Heymann

Paul Williams

No abstract provided.


Establishing A Stable Democratic Constitutional Structure In Iraq: Some Basic Considerations, Paul Williams Dec 2003

Establishing A Stable Democratic Constitutional Structure In Iraq: Some Basic Considerations, Paul Williams

Paul Williams

As the situation in Iraq continues to stabilize, the people of Iraq will turn to the task of reconstituting an Iraqi state. One of the first steps in this process will be to design, agree upon, and implement a new constitutional structure. While drafting a new constitution is a difficult and contentious process for any country, the challenges are substantially magnified for Iraq given its complex mosaic of ethnic and religious identities, the history of repression under Saddam Hussein, the necessary presence of American forces, and Iraq’s complex relations with its neighboring states. The overriding tension faced by the drafters …


The Idea Of Equality And Affirmative Actions, Paulo Barrozo Dec 2003

The Idea Of Equality And Affirmative Actions, Paulo Barrozo

Paulo Barrozo

The article starts out from a concise reconstruction of the republican and the democratic ideals in the context of the modern expansion on emancipatory ideals and programs so as to produce an understanding of the principle of equality in light of them. It then seeks to develop the rudiments of a constitutional theory of equality consistent with the emancipatory ideals from which it derives its most robust meaning. In its last segment the article examines the question of "affirmative action" in the access to higher education within the scope of the proposed basis for a theory of equality.


The Political Economy Of The Production Of Customary International Law: The Role Of Non-Governmental Organizations, Donald J. Kochan Dec 2003

The Political Economy Of The Production Of Customary International Law: The Role Of Non-Governmental Organizations, Donald J. Kochan

Donald J. Kochan

Increasingly, United States courts are recognizing various treaties, as well as declarations, proclamations, conventions, resolutions, programmes, protocols, and similar forms of inter- or multi-national “legislation” as evidence of a body of “customary international law” enforceable in domestic courts, particularly in the area of tort liability. These “legislative” documents, which this Article refers to as customary international law outputs, are seen by some courts as evidence of jus cogens norms that bind not only nations and state actors, but also private individuals. The most obvious evidence of this trend is in the proliferation of lawsuits against corporations with ties to the …