Law Commons^™

The Other Side Of Harmony: Can Trade And Competition Laws Work Together In The International Marketplace?, Julian Epstein

American University International Law Review

No abstract provided.

The Oau And The Recognition Of Governments In Africa: Analyzing Its Practice And Proposals For The Future, Kofi Oteng Kufuor

American University International Law Review

No abstract provided.

The Clash Between U.S. Criminal Procedure And The Vienna Convention On Consular Relations: An Analysis Of The International Court Of Justice Decision In The Lagrand Case, Jennifer Lynne Weinman

American University International Law Review

No abstract provided.

Can The Leopard Change Its Spots? The African Union Treaty And Human Rights, Nsongurua J. Udombana

American University International Law Review

No abstract provided.

Global Implications Of A Potential U.S. Policy Shift Toward Compulsory Licensing Of Medical Inventions In A New Era Of "Super-Terrorism", Grace K. Avedissian

American University International Law Review

No abstract provided.

"Artillery Lends Dignity To What Otherwise Would Be A Common Brawl": An Essay On Post-Modern Warfare And The Classification Of Captured Adversaries, Ralph Michael Stein

Elisabeth Haub School of Law Faculty Publications

This essay allows the writer to enter a fluid fray being played out almost day-by-day in the media and, of course, where it counts: in the administration of President George W. Bush. Conscious of the ebbs and drifts of both the current debates and desperately anxious not to be preempted by the march of a swiftly moving time frame, this essay suggests an approach to U.S. integration of generally accepted rules for the treatment of POWs that will advance both the war on terrorism and America's need to embrace the reality of the globalization of humanistic mores and notions about …

Comfort Women During Wwii: Are U.S. Courts A Final Resort For Justice?, Byoungwook Park

American University International Law Review

No abstract provided.

Strengthening Sustainable Development In Regional Inter-Governmental Governance: Lessons From The 'Asean Way', Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

ASEAN was founded with the 1967 Bangkok Declaration in order to encourage stable relations among its original member states, i.e. Indonesia, Malaysia, Singapore, Thailand and the Philippines, and to resist destabilizing influences from the war in Viet Nam. The means to stability was to promote economic, social and cultural cooperation in the spirit of equality and partnership. A formal treaty system was not required. As the Viet Nam war ended, ASEAN held its first Summit Meeting in Bali (1976), followed by the 1977 Summit in Kuala Lumpur, where cooperation on regional industrializations was launched. In this first phase of cooperation, …

Befogged Vision: International Environmental Law A Decade After Rio, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

Environmental management has emerged as an important element of governance in practically every nation. This was not the case before the United Nations convened the 1972 Conference on the Human Environment in Stockholm. After Stockholm, nations learned to build environmental ministries and work across sectors nationally, and discovered how difficult it is to reshape entrenched national practices in order to curb pollution and conserve natural resources. With growing experience and knowledge, nations came to realize that no one government alone could safeguard the environment, and that international cooperation would need to be enhanced.

Principles For Collective Humanitarian Intervention To Succor Other Countries' Imperiled Indigenous Nationals, George K. Walker

American University International Law Review

No abstract provided.

Cluster Bombs Over Kosovo: A Violation Of International Law?, Thomas Michael Mcdonnell

Elisabeth Haub School of Law Faculty Publications

As the United States continues to fight a war against private terror organizations, we and our coalition partners must avoid resorting to terror ourselves, lest our moral and legal standing be undermined. Both in Afghanistan and in Kosovo, the United States employed a weapon that violates the spirit if not the letter of humanitarian law. That weapon, the cluster bomb, unduly endangers and terrorizes civilians. Although focusing primarily on NATO's use of this weapon in Serbia and its Kosovo province, the thesis of this Article also applies to the United States' employing cluster bombs in our war in Afghanistan, a …

International Legal Developments In Review: 2001, Roger P. Alford

Journal Articles

Contents

• Editor's Preface
• Introduction

The Local Law Of Global Antitrust, Edward T. Swaine

William & Mary Law Review

No abstract provided.

David Vs. Goliath (2001): An Analysis Of The Oecd Harmful Tax Competition Policy, Truman Butler

LLM Theses and Essays

The OECD or Organization for Economic Cooperation and Development has produced a report titled Harmful Tax Competition An Emerging Global Issue. The report is the single largest threat to the offshore finance industry. Further, the sweeping recommendations made by the report would at worst potentially discourage foreign investment in some of the more established offshore financial centers. This thesis represents an analytical view of the report and further gives some highlights to the anomalies found in the tax regimes of the major industrialized countries. It is clear that the actions of the OECD does create in effect a tax cartel. …

Trying To Try Sharon, Linda A. Malone

Popular Media

No abstract provided.

A Truism That Isn't True? The Tenth Amendment And Executive War Power, D. A. Jeremy Telman

Law Faculty Publications

The Tenth Amendment is invoked whenever congressional powers threaten the independent law-making power of the several states. In that context, however, the Tenth Amendment does not tell us very much. After all, if powers are not delegated to the federal government, where else would they go but to the states? Accordingly, the Supreme Court has dismissed the Amendment as a truism.

Although the Amendment is only deployed as a rather ineffectual check on congressional authority, it clearly applies to all branches of the federal government. However, according to the theory of inherent executive authority, certain powers are unique to the …

That Someone Guilty Be Punished: The Impact Of The Icty In Bosnia, Diane Orentlicher

Research Reports & White Papers

In That Someone Guilty Be Punished, Diane F. Orentlicher, professor of law at American University, looks at the effects and effectiveness of the ICTY, including lessons to improve future efforts to provide justice for survivors of atrocious crimes. Perhaps most importantly, Orentlicher examines the impact of the tribunal through the words and experiences of those in whose name it was established: the victims and survivors. Their expectations, hopes, and disappointments are chronicled alongside the tribunal’s achievements and limitations. Based on hundreds of hours of interviews—and featuring the voices and perceptions of dozens of Bosnian interlocutors—That Someone Guilty Be …

Introduction: The Earl A. Snyder Lecture In International Law, Alfred C. Aman

Indiana Journal of Global Legal Studies

No abstract provided.

A Dickensian Era Of Religious Rights: An Update On Religious Human Rights In Global Perspective, John Witte Jr.

William & Mary Law Review

No abstract provided.

The Evolving Concept Of Universal Jurisdiction (Symposium), Bartram Brown

All Faculty Scholarship

No abstract provided.

Introduction: World Commission On Dams Report, Dams And Development, Kader Asmal

American University International Law Review

No abstract provided.

Delverde And The Wto's British Steel Decision Foreshadow More Conflict Where The Wto Stubsidies Agreement, Privatization, And United States Countervailing Duty Law Intersect, Julie Dunne

American University International Law Review

No abstract provided.

The Report Of The World Commission On Dams-Executive Summary

American University International Law Review

No abstract provided.

The Index Of Individual Case Reports Of The Inter-American Commission On Human Rights: 1994-1999, Richard J. Wilson

American University International Law Review

No abstract provided.

The Developing World Takes On The Tobacco Industry: An Analysis Of Recent Litigation And Its Future Implications, Brian S. Appel

American University International Law Review

No abstract provided.

International Legal Regimes And The Incidence Of Interstate War In The Twentieth Century: A Cursory Quantitative Assessment Of The Associative Relationship, William C. Bradford

American University International Law Review

No abstract provided.

The Community Interest Test In Antidumping Proceedings Of The European Union, Marc Wellhausen

American University International Law Review

No abstract provided.

Pointing The Finger: Civilian Casualties Of Nato Bombing In The Kosovo Conflict, Tania Voon

American University International Law Review

No abstract provided.

Impunity In Guatemala: The State's Failure To Provide Justice In The Massacre Cases, Nathanael Heasley, Rodger Hurley, Kara E. Irwin, Andrew H. Kaufman, Nadine Moustafa, Alain Personna

American University International Law Review

No abstract provided.

The Correction Of Wrongful Convictions: A Comparative Perspective, Lissa Griffin

American University International Law Review

No abstract provided.