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Articles 1 - 14 of 14

Full-Text Articles in Law

Law And Politics Of Rights: Who Decides The Conditions For Trade Preferences? Institutional Choice In The General System Of Preferences Case, Gregory C. Shaffer Dec 2005

Law And Politics Of Rights: Who Decides The Conditions For Trade Preferences? Institutional Choice In The General System Of Preferences Case, Gregory C. Shaffer

Gregory C Shaffer

No abstract provided.


Report Of The 1st National Consultation On International Criminal Court & India, Saumya Uma Dec 2005

Report Of The 1st National Consultation On International Criminal Court & India, Saumya Uma

Saumya Uma

This publication contains a detailed report of each session of the 1st National Consultation on the ICC & India, held in Delhi on 8-9 December 2005.


The Teleology Of International Investment Law, Omar E. Garcia-Bolivar Oct 2005

The Teleology Of International Investment Law, Omar E. Garcia-Bolivar

Omar E Garcia-Bolivar

The article looks into the purpose of the international investment agreements and the role that has into the interpretation of those instruments.


The Hague Convention On Choice Of Court Agreements, Antonin I. Pribetic Sep 2005

The Hague Convention On Choice Of Court Agreements, Antonin I. Pribetic

Antonin I. Pribetic

The Hague Choice of Court Convention, concluded on June 30th, 2005, represents a significant step forward towards improved harmonization of international trade law by providing greater certainty and predictability for parties involved in business-to-business (B2B) agreements and transnational litigation. The Hague Choice of Court Convention offers a viable alternative to arbitration as a method of transnational dispute resolution. At a minimum, functional reciprocity between Contracting States is more likely to be achieved through this multilateral treaty, which codifies the private international law principles of comity, good faith and order and fairness, espoused by most common law courts, including the Supreme …


The Two Faces Of Intercountry Adoption: The Significance Of The Indian Adoption Scandals, David M. Smolin Jun 2005

The Two Faces Of Intercountry Adoption: The Significance Of The Indian Adoption Scandals, David M. Smolin

David M. Smolin

This article summarizes international law, and the law of India and the United States, relevant to intercountry adoption. The article then presents extensive information and analysis of a major series of adoption scandals in Andhra Pradesh, India. The article uses this analysis of law and a major series of adoption scandals to present the "two sides of intercountry adoption:" positively, as a humanitarian act, and negatively as a form of child trafficking. The weaknesses and vulnerabilities of the intercountry adoption system that led to the Indian adoption scandals are extensively analyzed.


Intercountry Adoption As Child Trafficking, David M. Smolin Jun 2005

Intercountry Adoption As Child Trafficking, David M. Smolin

David M. Smolin

This article analyzes when intercountry adoption constitutes a form of child trafficking, particularly under international law. The article reviews relevant Treaties on the subjects of slavery and human trafficking, as well as analyzing the problem of money and adoption within the domestic (United States) adoption system.


The Laws Of War In The Pre-Dawn Light: Institutions And Obligations In Thucydides’ Peloponnesian War, Steve Sheppard Jan 2005

The Laws Of War In The Pre-Dawn Light: Institutions And Obligations In Thucydides’ Peloponnesian War, Steve Sheppard

Steve Sheppard

This Essay, in honor of Oscar Schachter, discusses Thucydides’ account of the Peloponnesian War, not only glimpsing into the events surrounding the conflict but also considering how the sparring greek city-states understood and manifested laws of war. This article describes numerous customs, practices, and procedures including respect for truces, ambassadors, heralds, trophies, and various forms of neutrality the ancients adhered to during times of conflict. The greek city-states and their warriors recognized and enforced obligations concerning a city-state’s right to war (jus ad bellum) and conduct in war (jus in bello). While the ancients’ laws of war were always recorded …


Variations On Non-Nuclear: May The "Final Four" Join The Nuclear Nonproliferation Treaty As Non-Nuclear Weapons States While Retaining Their Nuclear Weapons?, David S. Jonas Jan 2005

Variations On Non-Nuclear: May The "Final Four" Join The Nuclear Nonproliferation Treaty As Non-Nuclear Weapons States While Retaining Their Nuclear Weapons?, David S. Jonas

David S. Jonas

No abstract provided.


The Role Of The Wto Director-General And Secretariat, Gregory C. Shaffer Jan 2005

The Role Of The Wto Director-General And Secretariat, Gregory C. Shaffer

Gregory C Shaffer

No abstract provided.


Can Wto Technical Assistance And Capacity Building Serve Developing Countries?, Gregory C. Shaffer Jan 2005

Can Wto Technical Assistance And Capacity Building Serve Developing Countries?, Gregory C. Shaffer

Gregory C Shaffer

No abstract provided.


Managed Mutual Recognition Regimes: Governance Without Global Government, Gregory C. Shaffer, Kalypson Nicolaidis Jan 2005

Managed Mutual Recognition Regimes: Governance Without Global Government, Gregory C. Shaffer, Kalypson Nicolaidis

Gregory C Shaffer

No abstract provided.


Juvenile Execution, Terrorist Extradition, And Supreme Court Discretion To Consider International Death Penalty Jurisprudence, Prof. Elizabeth Burleson Jan 2005

Juvenile Execution, Terrorist Extradition, And Supreme Court Discretion To Consider International Death Penalty Jurisprudence, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

European human rights law and multilateral conventions have raised United States death penalty policy to an international level. Treaties and international institutions have impacted the extradition of capital offenders and influenced the development of human rights law within the United States. Refusal to extradite without assurances that the death penalty will not be imposed has continuing ramifications for the implementation of transnational counter-terrorism measures. Determining a contemporary standard of decency regarding cruel and unusual punishment, what shocks the public conscious, or what constitutes torture depends upon what societal parameters one uses. The Supreme Court's readiness to examine international developments in …


The Oil Platforms Case Before The International Court Of Justice: A Non-Case Of International Responsibility, Daphne Richemond-Barak, Prosper Weil Jan 2005

The Oil Platforms Case Before The International Court Of Justice: A Non-Case Of International Responsibility, Daphne Richemond-Barak, Prosper Weil

Daphne Richemond-Barak

No abstract provided.


International Criminal Court & India: Responses To Queries Raised By Parliamentarians, Saumya Uma Jan 2005

International Criminal Court & India: Responses To Queries Raised By Parliamentarians, Saumya Uma

Saumya Uma

This is a pocket-book consisting of queries raised by Parliamentarians at the first consultative meeting organized by ICC-India campaign / Women's Research & Action Group on the International Criminal Court (ICC), in August 2005, and written responses to the same. It is aimed at strengthening the information dissemination efforts on ICC with Indian Parliamentarians.