Law Commons^™

The International Legal Implications Of "Non-Lethal" Weapons, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

In Memoriam: Abram Chayes (1922-2000), Jost Delbruck

Articles by Maurer Faculty

No abstract provided.

‘Pinochet’ And International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith

Faculty Scholarship

No abstract provided.

The Sky Is Falling (Or Is It?): International Contracts And The Y2k Problem, Mark B. Baker

Vanderbilt Journal of Transnational Law

Y2K problems at this point in time are reasonably foreseeable due to the amount of attention given the subject. Contracting parties should examine potential Y2K problems arising internally and address them before January 1, 2000. Yet the extent of Y2K problems, be they widespread or solitary occurrences, remains unforeseeable and unpredictable. Even those parties having adequately addressed internal Y2K problems can experience difficulties due to external parties having failed to become Y2K-compliant. This "second tier" of unforeseeability supports the use of excused performance, but the "first tier" foreseeability that Y2K problems potentially exist prevent viable use of the defense. In …

Human Rights And Human Wrongs: Is The United States Death Penalty System Inconsistent With International Human Rights Law, Warren Allmand, Stephen B. Bright, Rubin "Hurricane" Carter, Dorean Marguerite Koenig, William A. Schabas, W. L. Seriti

Fordham Law Review

No abstract provided.

Superpower Attitudes Toward Indigenous Peoples And Group Rights, S. James Anaya

Publications

No abstract provided.

Legal Aspects Of International Transfer Of Technology, Anna Mikhailovna Otkina

LLM Theses and Essays

For any international law practitioner issues relating to technology and proprietary information can arise in a number of a different situation. For example, transactions involving foreign distribution and sales rights relating to domestic products are a common part of the day-to-day practice of anyone engaged in the multinational business arena. Many of those transactions involve a contractual agreement in the form of a license, which is intended to transfer to the licensee the technology and related information, and the legal rights therewith, necessary to complete successfully the objective of the transaction: the distribution and sale of the domestic product at …

Reconstructing Self-Determination: The Role Of Critical Theory In The Positivist International Law Paradigm, Ediberto Román

Faculty Publications

This article (or conference transcription) discuses the role that critical race theory may have on what, will be called, self-determination movements. It commences with the introduction of four speakers Taygab Muhmud, Seigfried Weissner, Julie Mertus and Donna Coker, discussing various forms of self-determination movements of indigenous people, the neocolonial plight of the people of South Asia and a comparative analysis of Eastern Europeans. The article then undertakes an innovative critical analysis of the acceptance of the liberal international law doctrine of self-determination. In particular, it will critique the purportedly universal norm of self-determination in order to expose and explain its …

1999 (Undated), Ifc, Historical Summary Leading To Cao, Annex A, Cao

CAO General 1999-Present

No abstract provided.

The Inevitability Of Nimble Fingers? Law, Development, And Child Labor, Katherine Cox

Vanderbilt Journal of Transnational Law

This Article examines development issues that are raised in a legal analysis of international human rights law relating to child labor. In so doing it highlights some of the weaknesses of the present legal approach to the problem. In order to demonstrate better the weaknesses of the system, India is used as an example of a developing country where some of the development issues raised in the legal analysis arise. The second Part of this Article defines the concept of child labor. It undertakes a comprehensive analysis of international legal instruments that deal with the topic of child labor and …

The Sheinbein Case And The Israeli-American Extradition Experience: A Need For Compromise, Abraham Abramovsky, Jonathan I. Edelstein

Vanderbilt Journal of Transnational Law

This Article will examine the political ramifications of the extradition process and the need for compromise to prevent domestic politics from undermining the ends of law enforcement. This Article will also suggest possible measures to ease the complications that extradition poses to international law enforcement cooperation. Part II of this Article will examine the facts of the most recent and dramatic example of the politics of extradition as played out in the Sheinbein case. Part III will analyze other issues which have placed obstacles in the path of practical law enforcement and international relations, and the way that the United …

The Dichotomy Between Standards And Rules, Mary C. Daly

Vanderbilt Journal of Transnational Law

The differences in perception between U.S. and foreign lawyer codes of conduct is more than simply a matter of academic interest or curiosity. It is only a matter of time until the WTO turns its attention to the codes, examining whether and to what extent they create illegitimate regulatory barriers to trade in legal services. As the participants in the Forum on Transnational Legal Practice have come to realize, if the legal profession is to play a meaningful role in cross-border regulation, it must seize the initiative, much as the CCBE did in 1988 with the adoption of the CCBE …

Anticipatory Humanitarian Intervention In Kosovo, Jonathan I. Charney

Vanderbilt Journal of Transnational Law

The intervention by the North Atlantic Treaty Organization (NATO) in Kosovo during the spring of 1999 aroused controversy at the time and still provokes questions about the legality of the action, its precedential effect, and procedures for developing new international law. The participants faced a legal and moral dilemma between international law prohibitions on the use of force and the goal of preventing or stopping widespread grave violations of international human rights. This commentary seeks to chart a course for the future in light of the current legal and moral environment.

Many individuals on all sides of the Kosovo crisis …

Emerging Leader Of The Tax Avant-Garde, Andrzej J. Burba

Vanderbilt Journal of Transnational Law

In 1998, Poland's Minister of Finance Leszek Balcerowicz unveiled a plan to restructure the tax system. His fiat tax proposal promises numerous benefits to individual and corporate taxpayers with significant reduction in tax rates for both groups. The new plan offers to further strengthen Poland's growing economy--a consequence that is especially significant in light of the country's aspiration to join the European Union. It provides a remedy for virtually every ailment plaguing the current tax system and, most importantly, the reform offers to finance itself This Note argues that the plan should be adopted immediately for the following reasons: (1) …

The Imposition Of The Death Penalty In The United States Of America: Does It Comply With International Norms?, Beverly Mcqueary Smith

Touro Law Review

No abstract provided.

Integrating International Law Into The First-Year Property Course, Stephen J. Schnably

Articles

No abstract provided.

The World’S Youngest Political Prisoner, Richard Klein

Scholarly Works

Every participant at an international human rights conference in June 1998 received a small pamphlet published by Tibetan supporters of Tibetan Buddhism's highest-ranking figure, the Dalai Lama. Entitled "The World's Youngest Political Prisoner," the pamphlet makes a plea for support for a young boy, now nine years old, who the Chinese government has allegedly kidnapped and detained. The Dalai Lama, who has been living in exile for forty years, claims the boy is the eleventh reincarnation of the Panchen Lama, the second holiest individual in Tibetan Buddhism. This battle over the identification of the reincarnation of a holy man is …

Sanctions Against Perpetrators Of Terrorism, Lori Fisler Damrosch

Faculty Scholarship

Since the title for this panel is "Presidential Uses of Force and Other Sanction Strategies," I will begin with "other sanction strategies" – that is, other than use of force. I would rather not be cast in the role of the dove on the panel to comment on illegitimacy of uses of force (presidential or otherwise), because I do not want to rule out or necessarily oppose presidential uses of force for counter-terrorism purposes in all circumstances. Indeed, I find myself in considerable agreement with Professor Reisman's lecture. Although I have disagreed with some of his writings and positions on …

The Imposition Of The Death Penalty In The United States Of America: Does It Comply With International Norms?, Beverly Mcqueary Smith

Scholarly Works

No abstract provided.

Nov. 1998, Ifc, Pest Management, Op 4.09, Ifc

IFC E&S Performance Standards

No abstract provided.

Nov. 1998, Ifc, Projects On International Waterways, Op 7.50, Ifc

IFC E&S Performance Standards

No abstract provided.

Nov. 1998, Ifc, Projects On International Waterways, Op 7.50, Ifc

IFC E&S Performance Standards

No abstract provided.

Nov. 1998, Ifc, Forestry, Op. Proc. 4.36, Ifc

IFC E&S Performance Standards

No abstract provided.

Nov. 1998, Ifc, Natural Habitats, Op 4.04, Ifc

IFC E&S Performance Standards

No abstract provided.

Oct. 1998, Ifc, Environmental Assessment, Op. Proc. 4.01 And Annexes, Ifc

IFC E&S Performance Standards

No abstract provided.

Intercountry Adoption Under The Hague Convention: Still An Attractive Option For Homosexuals Seeking To Adopt?, Lisa Hillis

Indiana Journal of Global Legal Studies

No abstract provided.

The Trojan Horse Of The 21st Century: Immigrants, Foreign Campaign Contributions And International Politics, Kostas A. Poulakidas

Indiana Journal of Global Legal Studies

No abstract provided.

One Trip To The Dentist Is Enough: Reasons To Strengthen Intellectual Property Rights Through The Free Trade Area Of The Americas, Owen Lippert

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

Oct. 1998 (Undated), Final Terms Of Reference Sent To Applicants Reflecting A Change Strengthening The Transparency Of Cao Reports, Cao

CAO Creation Pre-1999

At the Fall meeting in 1998, Mr. James Wolfensohn provided a draft proposed Terms of Reference for the Compliance Advisor/Ombudsman. The Board of Directors and the NGOs decided that if the proposed CAO could be made more independent and include compliance, they would not pursue the Panel concept. The Archive includes the Initial CAO ToR (Sept. 24, 1998), the Final ToR sent to applicants (Oct. 1998), the Cover Letter to the Search Committee (Dec. 1, 1998), and Talking Points about the CAO position (Sept. 1998).

Sept. 24, 1998, Cover Letter From S. Miller Ifc To The Cao Search Committee Re Selection, Shawn Miller

CAO Creation Pre-1999

At the Fall meeting in 1998, Mr. James Wolfensohn provided a draft proposed Terms of Reference for the Compliance Advisor/Ombudsman. The Board of Directors and the NGOs decided that if the proposed CAO could be made more independent and include compliance, they would not pursue the Panel concept. The Archive includes the Initial CAO ToR (Sept. 24, 1998), the Final ToR sent to applicants (Oct. 1998), the Cover Letter to the Search Committee (Dec. 1, 1998), and Talking Points about the CAO position (Sept. 1998).