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Full-Text Articles in Law

The Future Relationship Between A New Adminstration And The International Court Of Justice, Thomas M. Franck Jan 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

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


Traditional Knowledge: Are We Closer To The Answer(S)? The Potential Role Of Geographical Indictions, Daniel Gervais Jan 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

"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 Jan 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

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.


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 Jan 2009

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 Jan 2009

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 Jan 2009

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.


Universal Jurisdiction And The Case Of Belgium: A Critucal Assessment, Roozbeh (Rudy) B. Baker Jan 2009

Universal Jurisdiction And The Case Of Belgium: A Critucal Assessment, Roozbeh (Rudy) B. Baker

ILSA Journal of International & Comparative Law

Praised in some quarters as a useful tool for bringing criminal perpetrators to justice, criticized by others as a threat to state sovereignty, universal jurisdiction has certainly emerged as a heated topic within international criminal law.


The International Criminal Court: Former President George W. Bush And World Opinion, Donald D.A Schaefer Jan 2009

The International Criminal Court: Former President George W. Bush And World Opinion, Donald D.A Schaefer

ILSA Journal of International & Comparative Law

The International Criminal Court (Court or ICC) came into force on July 1, 2002.1


China's Labor Law Evolution: Towards A New Frontier, Monique Garcia Jan 2009

China's Labor Law Evolution: Towards A New Frontier, Monique Garcia

ILSA Journal of International & Comparative Law

The People's Republic of China (P.R.C.) is moving towards becoming the biggest economy in the world.


Current United States Credit Default Swap Regulatory Initiatives: A New World Standard Or Just A Ploy?, Nathaniel G. Dutt Jan 2009

Current United States Credit Default Swap Regulatory Initiatives: A New World Standard Or Just A Ploy?, Nathaniel G. Dutt

ILSA Journal of International & Comparative Law

In recent years, the global financial market has seen an abundant increase in the use of credit derivatives; more specifically, the use of credit default swaps (CDSs).


The Peace Palace The Hague, The Netherlands, The Republic Of Alicanto, The Commonwealth Of Ravisia Jan 2009

The Peace Palace The Hague, The Netherlands, The Republic Of Alicanto, The Commonwealth Of Ravisia

ILSA Journal of International & Comparative Law

Pursuant to the Joint Notification and Compromis concluded on 30 September 2008, including the Corrections and Clarifications agreed to therein, at Chicago, Illinois, United States of America between the Republic of Alicanto and the Commonwealth of Ravisia (collectively "the Parties"), and in accordance with Article 40(1) of the Statute of the International Court of Justice, the Parties hereby submit to this Court its dispute concerning Operation Provide Shelter and the differences arising between Alicanto and Ravisia