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2008

International Law

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Full-Text Articles in Law

Pride, Prejudice, And Japan's Unified State, Suzanne M. Sable Dec 2008

Pride, Prejudice, And Japan's Unified State, Suzanne M. Sable

University of the District of Columbia Law Review

Japan is undoubtedly one of the foremost economic powers in the world and is internationally recognized as a democratic leader among modern nations. The economy's rapid growth in the mid-twentieth century has been attributed to its booming technical industries, including its electronic and automobile industries. However, Japan is unique in that it has retained traditions associated with typically less advanced nations-namely, a regressive human rights agenda. Although cultural, ethnic, and social minorities continue to exist on Japanese soil today, Japan's social policy of Nihonjinron allows the majority of the population to disregard such minorities and perpetuate the government's vision of …


Is Zina Bil Jabr A Hadd, Taz‛Ir Or Siyasa Offence?: A Reappraisal Of The Protection Of Women Act 2006 In Pakistan”, Muhammad Munir Dr. Dec 2008

Is Zina Bil Jabr A Hadd, Taz‛Ir Or Siyasa Offence?: A Reappraisal Of The Protection Of Women Act 2006 In Pakistan”, Muhammad Munir Dr.

Dr. Muhammad Munir

This article briefly discusses the various laws passed by the regime of General Musharraf (1999-2008) to relieve the plight of helpless women in Pakistan and analyses the Protection of Women Act, 2006 from a legal, rather than from a political or emotional perspective. It scrutinizes the opinions of leading 'ulama, such as Justice (R) Taqi 'Uthmani, Mufti Muneebur Rahman, Moulana 'Abdul Malik, and Hasan Madani. The position of women rights' groups about the said law is discussed; the claim of the then government that the Act is compatible with the Qur'an and the Sunnah is examined; the various changes made …


Rwanda: No Conspiracy, No Genocide Planning ... No Genocide?, C. Peter Erlinder Dec 2008

Rwanda: No Conspiracy, No Genocide Planning ... No Genocide?, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.


Inherent Powers, Ignoble History Make New Idea Anything But Innocuous, C. Peter Erlinder Dec 2008

Inherent Powers, Ignoble History Make New Idea Anything But Innocuous, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.


International Data Privacy Lawws And The Protectors Of Privacy, Ilmr Editors Dec 2008

International Data Privacy Lawws And The Protectors Of Privacy, Ilmr Editors

Brigham Young University International Law & Management Review

No abstract provided.


The False Panacea Of International Agreements For U.S. Regulation Of Sovereign Wealth Funds, David A. Hall Dec 2008

The False Panacea Of International Agreements For U.S. Regulation Of Sovereign Wealth Funds, David A. Hall

Brigham Young University International Law & Management Review

No abstract provided.


A Larger War On Terror?, David Cole Dec 2008

A Larger War On Terror?, David Cole

Georgetown Law Faculty Publications and Other Works

No abstract provided.


Learning From Others: Sustaining The Internationalization And Globalization Of U.S. Law School Curriculums, James Maxeiner Dec 2008

Learning From Others: Sustaining The Internationalization And Globalization Of U.S. Law School Curriculums, James Maxeiner

All Faculty Scholarship

This address has three principal points: (1) An overview of how we are going about internationalizing the law school curriculum today in the United States; (2) Whether we are making as much progress as we should and how learning from others is central to sustaining our progress such as it is; and (3) What some of the obstacles to such learning are.


Peace Without Justice, Or Justice Without Peace?, Clair Apodaca Dec 2008

Peace Without Justice, Or Justice Without Peace?, Clair Apodaca

Human Rights & Human Welfare

Peace without justice is an illusion. The use of the International Criminal Court (ICC) to investigate and prosecute human rights violations not only provides restorative justice for those harmed by the wrongdoing but also retributive justice towards the perpetrators. Restorative justice seeks to help heal the wounds of the victims and community by acknowledging and witnessing the pain and suffering of the victim. Retributive justice seeks to punish the offenders. The hope is that retribution will deter or prevent future acts of violence by holding perpetrators accountable for the violations of human rights, genocide, war crimes, and crimes against humanity. …


State Regulation Of Sexuality In International Human Rights Law And Theory, Aaron Xavier Fellmeth Dec 2008

State Regulation Of Sexuality In International Human Rights Law And Theory, Aaron Xavier Fellmeth

William & Mary Law Review

In Part I, this Article presents the first published, worldwide survey of international practice in interpreting and applying various international human rights norms to the issue of sexual freedom, with a special emphasis on the rights to privacy, family life, and freedom from arbitrary discrimination based on sexual orientation. Although progress toward general recognition of such rights by international authorities and states has been extremely rapid over a very short period, such recognition continues to vary geographically and according to the subject matter. For example, some rights, such as the right to consensual, adult, private intercourse have achieved more widespread …


December Roundtable: Introduction Dec 2008

December Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

“The Activist.” Harper's Magazine. November 2008.


Human Rights Or Inhuman Wrongs, Edward Friedman Dec 2008

Human Rights Or Inhuman Wrongs, Edward Friedman

Human Rights & Human Welfare

The project of promoting universally recognized human rights, that is, the commitments of the U.N. General Assembly-ratified Universal Declaration of Human Rights (UDHR), is in danger. Military and political intervention, including economic sanctions, to stop genocide and ethnic and other political mass murder is under attack. Apparently the lessons of Hitler’s holocaust, the Turkish genocide of Armenians, Pol Pot’s slaughter of innocents, and the loss of life in Rwanda are being rethought and un-taught. So-called peace is now preferred over prevention. The dead may have died in vain.


Global Ethics And The Role Of Academics, Christien Van Den Anker Dec 2008

Global Ethics And The Role Of Academics, Christien Van Den Anker

Human Rights & Human Welfare

Academics have a social and professional responsibility that stems from their individual duties as global citizens. With their privileged position as lifelong learners they need to assess carefully where they direct their attention for research, their teaching and their exchange of knowledge with the wider public. This means that academic freedom does not only bring a range of rights, it also involves duties to develop and advocate ethical positions on real-life dilemmas and to engage in self-reflection on being in the role of contributing to oppression.


Intolerable Situations And Counsel For Children: Following Switzerland's Example In Hague Abduction Cases , Merle H. Weiner Dec 2008

Intolerable Situations And Counsel For Children: Following Switzerland's Example In Hague Abduction Cases , Merle H. Weiner

American University Law Review

In the twilight days of 2007, Switzerland took decisive action to protect children who were being harmed by the application of the Hague Convention on the Civil Aspects of International Child Abduction ("Hague Abduction Convention" or "Convention"). 1 Its Parliament passed the Federal Act on International Child Abduction and the Hague Conventions on the Protection of Children and Adults ("Swiss Act"). 2 The Swiss Act, which should enter into force in mid-2009, 3 gives important and necessary guidance to Swiss courts about the phrase "intolerable situation" in Article 13(b) of the Hague Abduction Convention. 4 The Swiss Act also directs …


Challenging The International Criminal Court Over Al-Bashir, Emma Gilligan Dec 2008

Challenging The International Criminal Court Over Al-Bashir, Emma Gilligan

Human Rights & Human Welfare

As of late November 2008, we are still awaiting the decision of the U.N. Security Council with regard to the request for the arrest of Sudanese President, Omar al-Bashir for war crimes, crimes against humanity and genocide put forward by the International Criminal Court (ICC) in July. With former Presidents Charles Taylor of Liberia and Slobodan Milosevic of Serbia as the only two heads of state formally indicted by the ICC since its inception in 2002, the question remains whether the U.N. Security Council will allow this controversial indictment of al-Bashir by Chief Prosecutor, Luis Moreno-Ocampo or invoke Article 16 …


Alex De Waal's Shuttle Diplomacy, Sarah Stanlick Dec 2008

Alex De Waal's Shuttle Diplomacy, Sarah Stanlick

Human Rights & Human Welfare

This month’s discussion piece, “The Activist,” is a critical look at one of the most renowned scholars of the turmoil in Sudan. Alex de Waal, a man with an almost encyclopedic knowledge of the different factions, aspects, and issues surrounding the conflicts in Sudan, is profiled under a careful eye. De Waal, a competent critic—as McDonell notes who “takes pride in his competence, and he does not hesitate to criticize activists he deems inexpert”— has built a career on a meticulously researched understanding of the conflict. He honed that reputation through careful action, critical thinking, and a critical voice for …


An Emerging Triangle: Climate Change, Migration And Human Rights: The Case Of New Zealand,Tuvalu And Kiribati, Sarah Stefanos Dec 2008

An Emerging Triangle: Climate Change, Migration And Human Rights: The Case Of New Zealand,Tuvalu And Kiribati, Sarah Stefanos

Archived Theses and Dissertations

Three important global issues - climate change, migration, and human rights- form an emerging triangle because of their interrelatedness. However, critical analysis of the relationship between these three issues apart from an as yet legally meaningless discourse about an imminent global catastrophe of 250 million 'climate refugees' has been limited. This paper examines the climate change, migration, and human rights triangle through the lens of the Pacific, where some of the states most severely threatened by climate change can be found. Extremely small Pacific states whose inhabitants have lived on coral reef islands (called atolls) for more than 2000 years, …


"Precedent In Islamic Law With Special Reference To The Federal Shariat Court And The Legal System In Pakistan”, Muhammad Munir Dr. Nov 2008

"Precedent In Islamic Law With Special Reference To The Federal Shariat Court And The Legal System In Pakistan”, Muhammad Munir Dr.

Dr. Muhammad Munir

This paper attempts to answer the question whether the common law doctrine of precedent as practiced in Pakistan is compatible with the traditional Islamic legal system. After a survey of the various articles and books about the judicial system of Islam it concludes that there is little, if any, material about the role of precedent in Islamic law. The paper also examines the judicial system of India under the Moghuls and the East India Company and traces the origins and evolution of the doctrine of precedent in the Indian sub-continent, more particularly in Pakistan. The role of the principles of …


Liberdade, Ética E Direito, Paulo Ferreira Da Cunha Nov 2008

Liberdade, Ética E Direito, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Further than Ethics concieved as mere obedience, Republican Ethics expresses the idea of duty for freedom and Liberty. After Law concieved as only duty and imperative norms from power to the subjects, there is the possibility of a fraternal law, in new patterns. This article explores several ways in a new ethics and a new law paradigms, after the objective Roman Law and the subjective modern Law.


Binding The Dogs Of War: Japan And The Constitutionalizing Of Jus Ad Bellum, Craig Martin Nov 2008

Binding The Dogs Of War: Japan And The Constitutionalizing Of Jus Ad Bellum, Craig Martin

Craig Martin

There is still very little constitutional control over the decision to use armed force, and very limited domestic implementation of the international principles of jus ad bellum, notwithstanding the increasing overlap between international and domestic legal systems and the spread of constitutional democracy. The relationship between constitutional and international law constraints on the use of armed force has a long history. Aspects of constitutional theory, liberal theories of international law, and transnational process theory of international law compliance, suggest that constitutional design could legitimately be used as a pre-commitment device to lock-in jus ad bellum principles, and thereby enhance compliance …


Protection Of Journalists In Situations Of Armed Conflict : Enhancing Legal Protection Under International Law, Hong Tang Nov 2008

Protection Of Journalists In Situations Of Armed Conflict : Enhancing Legal Protection Under International Law, Hong Tang

Theses and Dissertations

The purpose of this dissertation is to highlight the specific conditions created by armed conflicts (international and internal armed conflicts), and to survey and discuss the international laws (governing both sovereign states and international intergovernmental organizations, or governing either sovereign states or international inter-governmental organizations) that can promote better protection for journalists in the circumstances of armed conflict. This dissertation also serves to reaffirm those elements of international humanitarian law that apply to the protection of civilians and journalists in situations of armed conflict; to reestablish and promote the authority of those basic rules on both international and national levels; …


Will President Obama Finally Bury King Leopold’S Ghost? Common Dreams, C. Peter Erlinder Nov 2008

Will President Obama Finally Bury King Leopold’S Ghost? Common Dreams, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.


Applying The Rule Of Law To All Heads Of State, C. Peter Erlinder Nov 2008

Applying The Rule Of Law To All Heads Of State, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.


November Roundtable: Introduction Nov 2008

November Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

“Foreign Policy Myths Debunked." The Nation. October 6, 2008.


The International Joint Commission And Great Lakes Diversions: Indirectly Extending The Reach Of The Boundary Waters Treaty, A. Dan Tarlock Nov 2008

The International Joint Commission And Great Lakes Diversions: Indirectly Extending The Reach Of The Boundary Waters Treaty, A. Dan Tarlock

All Faculty Scholarship

The 1909 Boundary Waters Treaty (Treaty) is a model of, international water resources cooperation because it provides a permanent dispute mechanism, the six member International Joint Commission (IJC). Thus, both Canada and the United States have much to celebrate on the 100th anniversary of the Treaty. However, the most interesting aspect of the Treaty is the regime's ability to evolve through state practice beyond its original dispute resolution function, despite the inconsistent support for IJC involvement in transboundary water issues of the United States. The Treaty has been severely criticized by governments and non-governmental organizations (NGOs), especially in, Canada, for …


The Un-Exceptionalism Of U.S. Exceptionalism, Sabrina Safrin Nov 2008

The Un-Exceptionalism Of U.S. Exceptionalism, Sabrina Safrin

Sabrina Safrin

This Article challenges the prevailing view that the United States acts exceptionally by examining the insufficiently considered legal exceptionalism of other countries. It puts U.S. Exceptionalism in perspective by identifying European exceptionalism as well as noting developing country exceptionalism, pointing to the exceptional rules sought by the European Union and by developing countries in numerous international agreements and institutions. It argues that most nations seek different international rules for themselves, or double-standards, when they perceive themselves to have an exceptional need. Indeed, in cases of exceptional need, numerous countries believe themselves entitled to exceptional legal accommodation and may even perceive …


Speak Softly...With Everyone You Can, Todd Landman Nov 2008

Speak Softly...With Everyone You Can, Todd Landman

Human Rights & Human Welfare

From the Monroe Doctrine to the Bush Doctrine, United States foreign policy has been predicated on the assumption that somehow it knows what is best for the rest of the world. Monroe feared a potential encroachment from Russia and meddling in the "American" Hemisphere by the European powers and issued what originally appeared as a modest statement about resistance to intervention by any other country than the United States . Ironically enforced by the British Navy at that time, the Monroe Doctrine went far beyond its modest beginnings to set a precedent for the development of U.S. foreign policy. The …


Human Rights And The 2008 U.S. Presidential Election, Brent J. Steele Nov 2008

Human Rights And The 2008 U.S. Presidential Election, Brent J. Steele

Human Rights & Human Welfare

There has been a vivid tendency this year by the conventional keepers of Washington wisdom to explicate the two presidential candidates' foreign policy views using old frameworks of "hawk" and "dove." Not only is this binary wrong, it fundamentally obscures some rather ironic potentials for how each candidate, if elected president, will focus upon human rights in their foreign policy. McCain's neoconservative view of the world is founded upon the Wilsonian call for democratization-culminating in what he terms a "League of Democracies." To use a concept that Arnold Wolfers first coined, and one which Joshua Muravchik has proffered as well, …


Myths, Reasonable Disagreement, And A League Of Democracies, James Pattison Nov 2008

Myths, Reasonable Disagreement, And A League Of Democracies, James Pattison

Human Rights & Human Welfare

The United States ' election in 2004 was based on a number of foreign policy myths. Three of the most obvious were:

  • The war in Iraq was necessary as a response to the threat of international terrorism. As a result, the world is now a safer place;
  • The institutions of the UN are corrupt and do nothing but restrict American power;
  • Al Qaeda and international terrorism more generally are extremely significant threats to American national security


America As An Ordinary Nation, William F. Felice Nov 2008

America As An Ordinary Nation, William F. Felice

Human Rights & Human Welfare

For decades, scholars of international relations have called attention to the limits of American power. For example, in 1976 Cornel University Press published America as an Ordinary Country: U.S. Foreign Policy and the Future , edited by Richard Rosecrance. As the title indicates, Rosecrance's book analyzed the impact of the economic, military, and foreign policy setbacks of the 1970s on U.S. power. Suddenly the U.S. seemed less the powerful, "indispensible" leader and more the vulnerable, "ordinary" country unable to control external forces lashing the society's economy and foreign policy. These insights led many scholars to call for a reassessment of …