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Full-Text Articles in Law

2005, Cao, Charts Of Cases, Cao Jan 2005

2005, Cao, Charts Of Cases, Cao

CAO General 1999-Present

No abstract provided.


Medellin V. Dretke: Federalism And International Law, Curtis A. Bradley, Lori Fisler Damrosch, Martin Flaherty Jan 2005

Medellin V. Dretke: Federalism And International Law, Curtis A. Bradley, Lori Fisler Damrosch, Martin Flaherty

Faculty Scholarship

This is an edited version of a debate held at Columbia Law School on February 21, 2005.


International Animal Rights: Speciesism And Exclusionary Human Dignity, Kyle Ash Jan 2005

International Animal Rights: Speciesism And Exclusionary Human Dignity, Kyle Ash

Animal Law Review

The primary goal of this paper is to act as a heuristic device, to suggest an unconventional but practical perspective on the evolution of international law. Upon surveying discourse on the history of international law, texts of treaties, and declarations and writings of influential philosophers of law and morality, an antiquated perspective of humanity is apparent. A convention in international law, and a reflection of a common idea which feeds the foreboding trend of how humans relate to the planet, treats humanity as distinctively separate from the Earth’s biodiversity. Though environmental law is beginning to recognize the necessity of conserving …


International Law: The Compatibility Of The Rome Statute Of The International Criminal Court With The U.S. Bilateral Immunity Agreements Included In The American Servicemembers Protection Act, Eric M. Meyer Jan 2005

International Law: The Compatibility Of The Rome Statute Of The International Criminal Court With The U.S. Bilateral Immunity Agreements Included In The American Servicemembers Protection Act, Eric M. Meyer

Oklahoma Law Review

No abstract provided.


The Status Of Detainees From The Iraq And Afghanistan Conflicts, Srividhya Ragavan, Michael S. Mireles Jan 2005

The Status Of Detainees From The Iraq And Afghanistan Conflicts, Srividhya Ragavan, Michael S. Mireles

Faculty Scholarship

The paper is premised on the idea that the future course of international law will be impacted by the United States' ability to adhere to international treaties to which it is a signatory. Hence, the current administration bears a responsibility to avoid unwisely stretching, distorting, or avoiding the principles of international law for short-term gain in a manner that jeopardizes long-term sustainable policy. The United States should be wary of creating a dangerous precedent - not only for the world, but for itself. If the United States shirks from or misinterprets international legal principles, it leaves the forum open for …


Book Review, S. James Anaya Jan 2005

Book Review, S. James Anaya

Publications

No abstract provided.


National Identity And Liberalism In International Law: Three Models, Justin Deystone Jan 2005

National Identity And Liberalism In International Law: Three Models, Justin Deystone

Publications

No abstract provided.


Indigenous Peoples' Rights To Water Under International Norms, David H. Getches Jan 2005

Indigenous Peoples' Rights To Water Under International Norms, David H. Getches

Publications

In this article, Dean Getches examines the nature of international law as it relates to indigenous water rights and evaluates the kinds of claims that native peoples might assert when they are deprived of access to water. Around the world, indigenous peoples have experienced depletion or pollution of their traditional water sources caused by the uses made by dominant, non-native societies. As a result, native peoples' ability to perform water-dependent vocations like farming and fishing, and to perpetuate cultures and spiritual practices requiring water is limited. While a few countries recognize water rights of indigenous peoples in their domestic laws, …


Energy, Environment & Sustainable Development, Lakshman D. Guruswamy Jan 2005

Energy, Environment & Sustainable Development, Lakshman D. Guruswamy

Publications

No abstract provided.


Dec. 18, 2004, A. Durbin Et Al, Cso Proposed Redline Edit To Ps 2- Labor And Working Conditions, Ifc Dec 2004

Dec. 18, 2004, A. Durbin Et Al, Cso Proposed Redline Edit To Ps 2- Labor And Working Conditions, Ifc

IFC E&S Performance Standards

No abstract provided.


Dec. 18, 2004, A. Durbin Et Al, Cso Proposed Redline Edits, Ps 9 Social & Environmental Management System, Ifc Dec 2004

Dec. 18, 2004, A. Durbin Et Al, Cso Proposed Redline Edits, Ps 9 Social & Environmental Management System, Ifc

IFC E&S Performance Standards

No abstract provided.


Dec. 18, 2004, A. Durbin Et Al., Summary Of Cso Comments On Policy & Ps With D. Hunter's Notes On Ps, Ifc Dec 2004

Dec. 18, 2004, A. Durbin Et Al., Summary Of Cso Comments On Policy & Ps With D. Hunter's Notes On Ps, Ifc

IFC E&S Performance Standards

No abstract provided.


Dec. 18, 2004, A. Durbin Et Al, Cso Proposed Redline Edits To Ps 3 Pollution Prevention And Abatement, Ifc Dec 2004

Dec. 18, 2004, A. Durbin Et Al, Cso Proposed Redline Edits To Ps 3 Pollution Prevention And Abatement, Ifc

IFC E&S Performance Standards

No abstract provided.


Dec. 18, 2004, A.Durbin Et Al., Summary Of Cso Comments On Pol'y And Perf. Standards, Clean Copy, Ifc Dec 2004

Dec. 18, 2004, A.Durbin Et Al., Summary Of Cso Comments On Pol'y And Perf. Standards, Clean Copy, Ifc

IFC E&S Performance Standards

No abstract provided.


Dec. 18, 2004, A. Durbin Et Al, Cso Proposed Redlinect Edits To Ps 5 Resettlement, Ifc Dec 2004

Dec. 18, 2004, A. Durbin Et Al, Cso Proposed Redlinect Edits To Ps 5 Resettlement, Ifc

IFC E&S Performance Standards

No abstract provided.


Dec. 18, 2004, A. Durbin Et Al, Cso Proposed Redline Edits To Ps 8 Cultural Heritage, Ifc Dec 2004

Dec. 18, 2004, A. Durbin Et Al, Cso Proposed Redline Edits To Ps 8 Cultural Heritage, Ifc

IFC E&S Performance Standards

No abstract provided.


Dec. 18, 2004, A. Durbin Et Al, Cso Proposed Redline Edits To Ps 8 Cultural Heritage, Ifc Dec 2004

Dec. 18, 2004, A. Durbin Et Al, Cso Proposed Redline Edits To Ps 8 Cultural Heritage, Ifc

IFC E&S Performance Standards

No abstract provided.


Dec. 18, 2004, A. Durbin Et Al, Cso Proposed Redline Edits To Ps 4 Community Health And Safety, Ifc Dec 2004

Dec. 18, 2004, A. Durbin Et Al, Cso Proposed Redline Edits To Ps 4 Community Health And Safety, Ifc

IFC E&S Performance Standards

No abstract provided.


Dec. 18, 2004, A. Durbin Et Al, Cso Proposed Redline Edits On Ifc's Ses Policy, Ifc Dec 2004

Dec. 18, 2004, A. Durbin Et Al, Cso Proposed Redline Edits On Ifc's Ses Policy, Ifc

IFC E&S Performance Standards

No abstract provided.


Dec. 17, 2004, Ifc Consultation Advisory No.3, Public Consultation Phase I To Remain Open, David Cowan Dec 2004

Dec. 17, 2004, Ifc Consultation Advisory No.3, Public Consultation Phase I To Remain Open, David Cowan

IFC E&S Performance Standards

No abstract provided.


Dec. 15. Cso Recommendations For Embedding Human Rights In Pss, Michael Bassett, Diana Bronson, Daniel Bradlow, Andrea Durbin, Steve Hertz, Petr Hlobl, David Hunter, Fergus Mackay, Anne Perrault, Jorge Daniel Taillant Dec 2004

Dec. 15. Cso Recommendations For Embedding Human Rights In Pss, Michael Bassett, Diana Bronson, Daniel Bradlow, Andrea Durbin, Steve Hertz, Petr Hlobl, David Hunter, Fergus Mackay, Anne Perrault, Jorge Daniel Taillant

IFC E&S Performance Standards

No abstract provided.


Dec. 2004, Cso Proposals For Integrating Human Rights Into Pss, Michael Bassett, Diana Bronson, Daniel Bradlow, Andrea Durbin, Steve Hertz, Petr Hlobl, David Hunter, Fergus Mackay, Anne Perrault, Jorge Daniel Taillant Dec 2004

Dec. 2004, Cso Proposals For Integrating Human Rights Into Pss, Michael Bassett, Diana Bronson, Daniel Bradlow, Andrea Durbin, Steve Hertz, Petr Hlobl, David Hunter, Fergus Mackay, Anne Perrault, Jorge Daniel Taillant

IFC E&S Performance Standards

No abstract provided.


Dec. 15, 2004, A. Durbin, Et Al, Draft Cso Tracked Comments And Suggested Revisions To Ifc's August 12, 2004 Draft, Ifc Dec 2004

Dec. 15, 2004, A. Durbin, Et Al, Draft Cso Tracked Comments And Suggested Revisions To Ifc's August 12, 2004 Draft, Ifc

IFC E&S Performance Standards

No abstract provided.


Dec. 13, 2004, D. Clark, International Accountability Project-Comments, D. Clark Dec 2004

Dec. 13, 2004, D. Clark, International Accountability Project-Comments, D. Clark

IFC E&S Performance Standards

No abstract provided.


Human Rights, Sovereignty, And The Final Status Of Kosovo , Bartram S. Brown Dec 2004

Human Rights, Sovereignty, And The Final Status Of Kosovo , Bartram S. Brown

Chicago-Kent Law Review

The final political status of Kosovo is ultimately a human rights issue, and a just and viable solution must balance the sovereignty and territorial integrity of Serbia with the human rights of Kosovar Albanians. A century ago Woodrow Wilson publicly endorsed self-determination as a fundamental principle linked to the equal rights of all peoples. Today it is broadly accepted as one of the essential principles of contemporary international law. Despite this exalted normative status, the principle of self-determination is limited by its inherent ambiguities.

Self-determination is a group right, to be exercised only by peoples, but there is no clear …


The Insufficiency Of International Legal Personality Of Kosova As Attained Through The European Court Of Human Rights: A Call For Statehood, Iliriana Islami Dec 2004

The Insufficiency Of International Legal Personality Of Kosova As Attained Through The European Court Of Human Rights: A Call For Statehood, Iliriana Islami

Chicago-Kent Law Review

The Essay starts with the question whether the idea of a "sovereign state" should wither away in the face of new processes, namely globalization and human rights, processes which are sweeping the world. My conclusion is that the bureaucratic rationale of statehood allows citizens to improve their human rights through participation in a political process. If human rights are not respected, international law would support the national law system that is akin to statehood.


Resolving Claims When Countries Disintegrate: The Challenge Of Kosovo, Henry H. Perritt Jr. Dec 2004

Resolving Claims When Countries Disintegrate: The Challenge Of Kosovo, Henry H. Perritt Jr.

Chicago-Kent Law Review

Final status for Kosovo must include a mechanism for resolving claims incident to the breakup of Yugoslavia and the secession of Kosovo from Serbia. Models and theory drawn from other experiences with the dissolution of states provide only partial guidance for Kosovo because the earlier efforts tended to neglect private claims and tended to concern successor states where sovereignty was clearer than it has been during the period of international administration of Kosovo. The most attractive possibility for Kosovo is to establish an international tribunal modeled in part on the Iran and Iraqi claims tribunals, with some decision makers appointed …


Final Status Of Kosovo: The Role Of Human Rights And Minority Rights , Wolfgang Benedek Dec 2004

Final Status Of Kosovo: The Role Of Human Rights And Minority Rights , Wolfgang Benedek

Chicago-Kent Law Review

In view of the massive human rights violations experienced in Kosovo, the reconstruction of society and the final status of the territory have to be based on human rights and minority rights. Besides universal human rights instruments, European regional standards are of particular importance as Kosovo wants to be fully integrated into Europe. The Article identifies the relevant European and international standards and procedures and finds shortcomings with regard to guarantees on economic, social, and cultural rights, which are an indispensable element of human security.

It then compares the role given to human and minority rights in the Constitutional Framework …


Self-Determination Under The Terms Of The 2002 Union Agreement Between Serbia And Montenegro: Tracing The Origins Of Kosovo's Self-Determination , Enver Hasani Dec 2004

Self-Determination Under The Terms Of The 2002 Union Agreement Between Serbia And Montenegro: Tracing The Origins Of Kosovo's Self-Determination , Enver Hasani

Chicago-Kent Law Review

State building of the union between Serbia and Montenegro represents the biggest challenge for peace and stability in the Balkans and beyond, with the issue of an unsettled Kosovo as an everlasting indicator of that challenge. The USM Agreement alone is not enough to produce the desired results. Only an overall, nonterritorial restructuring of Kosovar society along the principles and norms of the rule of law, democracy, and the respect for human and minority rights can produce the desired results. An approach based on new internal territorial divisions, such as the ongoing process of decentralization, can only further exacerbate the …


Some Key Principles For A Lasting Solution Of The Status Of Kosova: Uti Possidetis, The Ethnic Principle, And Self-Determination, Zeinullah Gruda Dec 2004

Some Key Principles For A Lasting Solution Of The Status Of Kosova: Uti Possidetis, The Ethnic Principle, And Self-Determination, Zeinullah Gruda

Chicago-Kent Law Review

Five years after the end of the conflict in Kosova, final status remains an object of discussion. The author elaborates several options that have been proposed by analysts, diplomats, and various forums. The author argues that final status must be based on the factors that influence the creation of states and on the principles behind any democratic and just solution concerning statehood: uti possidetis, the ethnic principle, and the right to self-determination.