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Articles 1 - 30 of 37
Full-Text Articles in Law
The Future Relationship Between A New Adminstration And The International Court Of Justice, Thomas M. Franck
The Future Relationship Between A New Adminstration And The International Court Of Justice, Thomas M. Franck
ILSA Journal of International & Comparative Law
If the democrats recapture the White House and win half a dozen more seats in the Senate, it will be time to rethink and redevelop the U.S. relationship with international law.
U.S. Policies Towards And In The U.N Security Council, Jose E. Alvarez
U.S. Policies Towards And In The U.N Security Council, Jose E. Alvarez
ILSA Journal of International & Comparative Law
For at least twelve years, Security Council reformers have proposed many ways to enlarge the size and diversify the composition of that body.
Current And Future Issues In International Space Law, Professor Henry Hertzfeld
Current And Future Issues In International Space Law, Professor Henry Hertzfeld
ILSA Journal of International & Comparative Law
Space law is a relatively new area of law and is based mainly on a set of United Nations (U.N.) Treaties negotiated during the 1960s and 1970s.
Transparency And Public Participation In Investor-State Arbitration, Daniel Barstow Magraw, Niranjali Manel Amerasinghe
Transparency And Public Participation In Investor-State Arbitration, Daniel Barstow Magraw, Niranjali Manel Amerasinghe
ILSA Journal of International & Comparative Law
The roles of transparency and public participation have become important issues in investor-state arbitrations.
The European Magnet And The U.S. Centrifuge: Ten Selected Private International Law Developments Of 2008, Ronald A. Brand
The European Magnet And The U.S. Centrifuge: Ten Selected Private International Law Developments Of 2008, Ronald A. Brand
ILSA Journal of International & Comparative Law
This article began as a short presentation for the 2008 International Law Weekend in New York City.
The U.S. Approach To Regionalism: Recent Past And Future, C. O'Neal Taylor
The U.S. Approach To Regionalism: Recent Past And Future, C. O'Neal Taylor
ILSA Journal of International & Comparative Law
The "new regionalism"' of the last decade shows a turn away from regional groupings (such as the North American Free Trade Agreement (NAFTA), 2 the Southern Common Market (MERCOSUR) 3 and Free Trade of the Americas (FTAA) 4 ) towards the negotiation and implementation of more bilateral arrangements.
Consideration Of The Protection Of Persons In The Event Of Disasters By The International Law Commission, Arnold Pronto
Consideration Of The Protection Of Persons In The Event Of Disasters By The International Law Commission, Arnold Pronto
ILSA Journal of International & Comparative Law
Recent disasters of epic proportions, such as the Asian Tsunami of 2004, and the accompanying response by the international community, have given rise to renewed interest in the legal aspects of disaster relief activities.
The U.N. Human Rights Council: What Would Eleanor Roosevelt Say?, John Carey
The U.N. Human Rights Council: What Would Eleanor Roosevelt Say?, John Carey
ILSA Journal of International & Comparative Law
The prominent role played by Mrs. Roosevelt in the creation of the United Nations' (U.N.) human rights apparatus is described by William vanden Heuvel in the Fall issue of The InterDependent (Vol. 6 No. 3).' After quoting Henry Kissinger as styling her "one of the great human beings of our time," vanden Heuvel calls her "tough and resolute" as well as "fearless in speaking truth to power."
Historical American Erspectives On International Law, Harlan Grant Cohen
Historical American Erspectives On International Law, Harlan Grant Cohen
ILSA Journal of International & Comparative Law
The topic of this year's International Law Weekend, "The United States and International Law: Legal Traditions and Future Possibilities," cries out for additional historical perspective.
The U.N. Human Rights Council: Is Its Mandate Well-Designed?, Patrick J. Flood
The U.N. Human Rights Council: Is Its Mandate Well-Designed?, Patrick J. Flood
ILSA Journal of International & Comparative Law
This essay is about the design of the mandate of the United Nations Human Rights Council, which was hammered out after a year of negotiations within the General Assembly and then another year within the newly-created Council itself
Joint Study Panel On Transparency In International Commercial Arbitration, John R. Crook
Joint Study Panel On Transparency In International Commercial Arbitration, John R. Crook
ILSA Journal of International & Comparative Law
Thanks to Professor Louise Ellen Teitz, and to the ILA and ASIL for initiating this joint study panel. Our topic brings to mind the tale of the blind men and the elephant.
Traditional Knowledge: Are We Closer To The Answer(S)? The Potential Role Of Geographical Indictions, Daniel Gervais
Traditional Knowledge: Are We Closer To The Answer(S)? The Potential Role Of Geographical Indictions, Daniel Gervais
ILSA Journal of International & Comparative Law
The debate concerning the protection of, and access to, "traditional knowledge ' 2 has been going on for some time.
The Trade In Antiquities: Heritage For Sale?, Lucille A. Roussin
The Trade In Antiquities: Heritage For Sale?, Lucille A. Roussin
ILSA Journal of International & Comparative Law
It was an automobile accident on Italy's Autostrada del Sole-the highway of the Sun-that led to the largest restitution, ever, of stolen antiquities from United States museums to the Republic of Italy.
National Security Courts: Star Chamber Or Specialized Justice?, Mark R. Shulman
National Security Courts: Star Chamber Or Specialized Justice?, Mark R. Shulman
ILSA Journal of International & Comparative Law
In October 2008, the author moderated a panel discussion addressing the utility of establishing a new national security court system for administering the detention and trial of terrorist suspects.
National Security And The U.N. Convention On The Law Of The Sea: U.S. Coast Guard Perspectives, Dr. John T. Oliver
National Security And The U.N. Convention On The Law Of The Sea: U.S. Coast Guard Perspectives, Dr. John T. Oliver
ILSA Journal of International & Comparative Law
The world's oceans cover over seventy percent of the globe and contain ninety-seven percent of the world's water.
Accountability In Bretton Woods, Karen Hudes, Sabine Schlemmer-Schulte
Accountability In Bretton Woods, Karen Hudes, Sabine Schlemmer-Schulte
ILSA Journal of International & Comparative Law
Under the Marshall Plan after World War H, the United States gave $13 billion to rebuild western Europe. But some historians argue that the United States' most important legacy was its role in establishing the World Bank and the International Monetary Fund (IMF), named the Bretton Woods institutions, after the site of the conference in 1944 in New Hampshire.
"Legal Jihad": How Islamist Lawfare Tactics Are Targeting Free Speech, Brooke Goldstein, Aaron Eitan Meyer
"Legal Jihad": How Islamist Lawfare Tactics Are Targeting Free Speech, Brooke Goldstein, Aaron Eitan Meyer
ILSA Journal of International & Comparative Law
Lawfare is usually defined as the use of the law as a weapon of war' or the pursuit of strategic aims through aggressive legal maneuvers.
Real Estate Development In Cuba: Present And Future, Antonio R. Zamora
Real Estate Development In Cuba: Present And Future, Antonio R. Zamora
ILSA Journal of International & Comparative Law
During the last twenty years, the Cuban government has faced two very significant challenges that have seriously threatened its survival.
Remarks Regarding The Iraqi High Tribunal's "Anfal" Trial: Speech Delivered At International Law Weekend, Jennifer Trahan
Remarks Regarding The Iraqi High Tribunal's "Anfal" Trial: Speech Delivered At International Law Weekend, Jennifer Trahan
ILSA Journal of International & Comparative Law
My remarks today will focus on the second trial of the Iraqi High Tribunal (the IHT or Tribunal), the so-called "Anfal" trial.
Comments On The Reforms To The Mexican Energy Laws Of 2008, Antonio Riva Palacio Lavin
Comments On The Reforms To The Mexican Energy Laws Of 2008, Antonio Riva Palacio Lavin
ILSA Journal of International & Comparative Law
A strong discussion has taken place in Mexico since the beginning of this millennium concerning the legal reform of the energy sector, particularly the Mexican government's oil company, Petr6leos Mexicanos (Pemex).
Desarrollo Immobilliario En Cuba: Presente Y Futuro, Antonio R. Zamora
Desarrollo Immobilliario En Cuba: Presente Y Futuro, Antonio R. Zamora
ILSA Journal of International & Comparative Law
Durante los filtimos veinte afios el gobierno de Cuba se ha enfrentado con dos importantes retos que amenazaron seriamente su supervivencia.
Custom As A Source Of Law: Argentinean And Comparative Legal Systems, German Savastano
Custom As A Source Of Law: Argentinean And Comparative Legal Systems, German Savastano
ILSA Journal of International & Comparative Law
The purpose of this article is to reflect on custom as a source of law in the Argentinean and comparative legal systems.
La Costumbre Como Fuente Del Derecho: Sistema Juridico Argentino Y Comparado, German Savastano
La Costumbre Como Fuente Del Derecho: Sistema Juridico Argentino Y Comparado, German Savastano
ILSA Journal of International & Comparative Law
El objetivo del presente articulo es reflexionar sobre la costumbre como fuente del derecho en el sistema juridico argentino y comparado.
Comentarios Sobre Las Reformas Del Ano 2008 Al Sector Energetico Mexicano, Antonio Riva Palacio Lavin
Comentarios Sobre Las Reformas Del Ano 2008 Al Sector Energetico Mexicano, Antonio Riva Palacio Lavin
ILSA Journal of International & Comparative Law
Desde inicios del milenio, en Mxico se vivi6 una fuerte discusi6n sobre la reforma legal del sector energ6tico; en particular en torno a Petr6leos Mexicanos (Pemex).
A Summary Of Legal System Amalgamation: An Introduction To Judge Patrick L. Robinson's Observations On The Hybrid Nature Of The Rules Of Procedure And Evidence Of The International Criminal Tribunal For The Former Yugoslavia, Jane E. Cross
ILSA Journal of International & Comparative Law
On 14 February 2009, His Excellency Judge Patrick L. Robinson of Jamaica, President of the International Criminal Tribunal for the Former Yugoslavia (ICTY), spoke at the Nova Southeastern University (NSU) Shepard Broad Law Center, for Black History Month.
The United States And International Criminal Tribunals: An Historical Analysis, Harry M. Rhea
The United States And International Criminal Tribunals: An Historical Analysis, Harry M. Rhea
ILSA Journal of International & Comparative Law
The relationship between the United States and international criminal tribunals has lasted for almost 100 years at least.
The Interaction Of Legal Systems In The Work Of The International Criminal Tribunal For The Former Yugoslavia, H.E. Judge Patrick Robinson
The Interaction Of Legal Systems In The Work Of The International Criminal Tribunal For The Former Yugoslavia, H.E. Judge Patrick Robinson
ILSA Journal of International & Comparative Law
The International Criminal Tribunal for the Former Yugoslavia (Tribunal) where I work is a court with a mandate to try individuals for the most serious violations of international humanitarian law committed during the conflict that engulfed Yugoslavia in the 1990s.
Cicero's Beloved Republic: The Insufficiency Of Expanded Humanistic Rhetoric In The Service Of Comparative Law, Richard O. Brooks
Cicero's Beloved Republic: The Insufficiency Of Expanded Humanistic Rhetoric In The Service Of Comparative Law, Richard O. Brooks
ILSA Journal of International & Comparative Law
We are now at the beginning of the twenty-first century. The United States, like Republican Rome two millennia earlier, teeters between becoming an expanded empire, a declining republic, or paradoxically, both.
Legal Limbo: Where Should The Guantanamo Uighurs Be Released?, William L. Tucker
Legal Limbo: Where Should The Guantanamo Uighurs Be Released?, William L. Tucker
ILSA Journal of International & Comparative Law
The September 11, 2001 attacks on the United States shocked the world's conscience and changed the American public's feeling of vulnerability.
Proposals For A Truth Commission And Reparations Program For Victims Of Torture By Us Forces Since 9/11, Morgane Landel
Proposals For A Truth Commission And Reparations Program For Victims Of Torture By Us Forces Since 9/11, Morgane Landel
ILSA Journal of International & Comparative Law
Since September 11, 2001, the United States has been responsible for well documented cases of torture and ill-treatment as part of its war on terror in Guantanamo, Iraq, Afghanistan and other secret sites.