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Articles 2581 - 2610 of 3381
Full-Text Articles in Law
Will Hong Kong Be Successfully Integrated Into China? A Human Rights Perspective, Yu Ping
Will Hong Kong Be Successfully Integrated Into China? A Human Rights Perspective, Yu Ping
Vanderbilt Journal of Transnational Law
This Article explores the human rights forecast following Hong Kong's reintegration into China. The Article first reviews the British human rights record in Hong Kong, and explains why China was angered by last-ditch British political reform. It then explores the legal framework of Hong Kong, including the Sino-British Joint Declaration and the Basic Law of Hong Kong, and concludes that neither offers significant protection for human rights in Hong Kong. In particular, Chinese state security and state secrets laws are likely to be used to suppress political dissidents, journalists, international organizations, and other "foreign elements" in Hong Kong. The Article …
Proposals To Address Germany's Status As A "Land Of Immigration", Anne M. Seibel
Proposals To Address Germany's Status As A "Land Of Immigration", Anne M. Seibel
Vanderbilt Journal of Transnational Law
International law permits each individual State to determine who under its laws are citizens of the nation. Germany's decision at the beginning of this century to adhere to the jus sanguinis model of citizenship continues to shape the country's immigration and citizenship laws. This model predicates citizenship on one's parents rather than one's place of birth. Accordingly, "ethnic Germans" who have returned to Germany since the end of the Cold War era are considered to possess a right to German citizenship. In contrast, naturalization procedures are rigorous for foreign residents, including guestworkers and asylum seekers, many of whom are long-time …
Neither Free Nor Fair: The 1996 Bosnian Elections And The Failure Of The U.N. Election-Monitoring Mission, Christopher A. Riley
Neither Free Nor Fair: The 1996 Bosnian Elections And The Failure Of The U.N. Election-Monitoring Mission, Christopher A. Riley
Vanderbilt Journal of Transnational Law
The international community faced a difficult challenge after the Dayton Peace Accords ended the civil war in Bosnia. Free and fair elections became an essential component to establishing a democratic government in the war-torn country. The United Nations and the Organization for Security and Cooperation in Europe responded by carrying out Annex 3 of the Peace Accords, which called for such elections. The resultant election-monitoring mission in Bosnia, however, was unsuccessful The elections were held under improper conditions. Therefore, the Bosnian people lack confidence in the democratic process, which is necessary for long-term democracy.
Jurisdiction, Definition Of Crimes, And Triggering Mechanisms, Christopher L. Blakesley
Jurisdiction, Definition Of Crimes, And Triggering Mechanisms, Christopher L. Blakesley
Scholarly Works
The opportunity to create an international court that provides fair, equitable, and efficient justice is rare and important. It requires expertise in comparative and international law. Problems are serious, however. Failure to address the formidable problems could cause the Court to run a risk of failure that could be disastrous for international law, for the victims of the horrors that have occurred and that will occur, and for the world. Failure could come in at least two forms: (1) the Court could merely be a conduit for retribution after a pro-forma kangaroo court or (2) it will not have sufficient …
Dec 5 1996 A.Wilkes, Breton Woods To Ngos Re Meeting Wb Managing Director Re Private Sector, Alex Wilks
Dec 5 1996 A.Wilkes, Breton Woods To Ngos Re Meeting Wb Managing Director Re Private Sector, Alex Wilks
IFC E&S Performance Standards
No abstract provided.
Oct. 31 1996 Letter From Richard Frank To Alex Wilks Re Envtl Policies In Guarantees, Richard Frank
Oct. 31 1996 Letter From Richard Frank To Alex Wilks Re Envtl Policies In Guarantees, Richard Frank
IFC E&S Performance Standards
No abstract provided.
International Crimes: Jus Cogens And Obligatio Erga Omnes, M. Cherif Bassiouni
International Crimes: Jus Cogens And Obligatio Erga Omnes, M. Cherif Bassiouni
Law and Contemporary Problems
There are both gaps and weaknesses in the various sources of International Criminal Law in norms and enforcement modalities. A comprehensive international codification would solve these problems, but this is not forthcoming.
Legal Responses To Genocide And Other Massive Violations Of Human Rights, W. Michael Reisman
Legal Responses To Genocide And Other Massive Violations Of Human Rights, W. Michael Reisman
Law and Contemporary Problems
The international community could halt the proliferation of genocides by arresting them before, or at least while they are happening, by any means necessary. Instead, the focus is on actions after the fact.
Combating Impunity: Some Thoughts On The Way Forward, Naomi Roht-Arriaza
Combating Impunity: Some Thoughts On The Way Forward, Naomi Roht-Arriaza
Law and Contemporary Problems
Some of the tasks needed to be done by legal scholars and advocates to combat impunity in cases of massive violations of human rights are discussed. Pathways for implementation of these ideas are many and overlapping.
Introduction, M. Cherif Bassiouni
Introduction, M. Cherif Bassiouni
Law and Contemporary Problems
Efforts to work against the practice of impunity for major international crimes and violations of fundamental human rights and to develop international guidelines against the practice are discussed.
Searching For Peace And Achieving Justice: The Need For Accountability, M. Cherif Bassiouni
Searching For Peace And Achieving Justice: The Need For Accountability, M. Cherif Bassiouni
Law and Contemporary Problems
Despite a high level of mass violence in the post-war years, there have been few prosecutions at the international or national level. Impunity for such crimes is a betrayal of human solidarity with the victims.
International Guidelines Against Impunity: Facilitating Accountability, Madeline H. Morris
International Guidelines Against Impunity: Facilitating Accountability, Madeline H. Morris
Law and Contemporary Problems
Reasons for a consistent pattern of compromise when it comes to impunity for international crimes and human rights violations are discussed. Guidelines are presented for facilitating accountability for these crimes.
The Letter Of The Law: The Scope Of The International Legal Obligation To Prosecute Human Rights Crimes, Michael Scharf
The Letter Of The Law: The Scope Of The International Legal Obligation To Prosecute Human Rights Crimes, Michael Scharf
Law and Contemporary Problems
While international criminal conventions are limited in their application, there is growing recognition of a duty for states to do something to give meaning to human rights.
Arresting Impunity: The Case For Universal Jurisdiction In Bringing War Criminals To Accountability, Christopher C. Joyner
Arresting Impunity: The Case For Universal Jurisdiction In Bringing War Criminals To Accountability, Christopher C. Joyner
Law and Contemporary Problems
One means to enhance the prospects for bringing indicted war criminals to justice is to promote adoption of the principle of universality as the legal basis for prosecutorial jurisdiction.
Lessons From The Americas: Guidelines For International Response To Amnesties For Atrocities, Douglass Cassel
Lessons From The Americas: Guidelines For International Response To Amnesties For Atrocities, Douglass Cassel
Law and Contemporary Problems
The impunity enjoyed by perpetrators of human rights violations, thanks in part to amnesty laws, is summarized. The international community should adopt guidelines to assist their own officials in responding to future amnesties.
Characterization Of Limitation Statutes In Canadian Private International Law: The Rocky Road Of Change, John P. Mcevoy
Characterization Of Limitation Statutes In Canadian Private International Law: The Rocky Road Of Change, John P. Mcevoy
Dalhousie Law Journal
Prior to the Supreme Court of Canada's decision in Tolofson v. Jensen limitations statutes were characterized, prima facie, as procedural for purposes of Canadian private international law. The principal authority for this characterization was the 1835 case of Huber v. Steiner in which an action was brought on a promissory note made in France in 1813 and payable in 1817. The defendant argued that the French Code de commerce applied and that the right of action was extinguished by the provision that "all actions ... prescribe themselves by five years reckoning from the day of protest ..... Tindal C.J. recognized …
International Business Transactions, Sean F. Parmenter
International Business Transactions, Sean F. Parmenter
Brigham Young University Prelaw Review
In our system of government, the laws are made by the legislative power, enforced by the executive power, and interpreted by the judicial power. The judicial power is not oft influenced by politics, corporate pressures or the media. Their's is the basis of the Constitution and amendments. In the exercise of their power they take into consideration not only who is right, but what is right. The Federal Court of Appeal has been over-loaded with court cases. Common to the Court are appeals that have to do with international law. Cases about fabrics, computers, calculator, dolls, toys, and even doll …
Aug. 1996, R. Frank, Managing Director, Letter To A. Wilks Bwp Re Envtl Policies In Guarantees, Alex Wilks
Aug. 1996, R. Frank, Managing Director, Letter To A. Wilks Bwp Re Envtl Policies In Guarantees, Alex Wilks
IFC E&S Performance Standards
No abstract provided.
People's Rights Or Victim's Rights: Reexamining The Conceptualization Of Indigenous Rights In International Law, Feisal Hussain Naqvi
People's Rights Or Victim's Rights: Reexamining The Conceptualization Of Indigenous Rights In International Law, Feisal Hussain Naqvi
Indiana Law Journal
No abstract provided.
The Canadian Charter And Public International Law: Redefining The State's Power To Deport Aliens, Daniela Bassan
The Canadian Charter And Public International Law: Redefining The State's Power To Deport Aliens, Daniela Bassan
Osgoode Hall Law Journal
This article considers the relationship between international and domestic law in deportation proceedings. The argument is made that, generally, Canadian law should be interpreted consistently with Canada's obligations at international law, as reflected in conventions and custom. More specifically, the article proposes that Canada's obligation at international law to protect the family and the child be recognized in Canadian law as one of the principles of fundamental justice under section 7 of the Charter. The protection of the family is engaged by the deportation of domiciled aliens because, by definition, these deportees have been in Canada for a long period …
Jun. 6, 1996, J. Lindbaek, Ifc Exec. Vp, Address To Ngos, Jannik Lindbaek
Jun. 6, 1996, J. Lindbaek, Ifc Exec. Vp, Address To Ngos, Jannik Lindbaek
IFC E&S Performance Standards
No abstract provided.
Sept. 1996 A. Durbin, Et Al, Foe 'Private Sector Frenzy' Report On Wb And Privatization, Andrea Durbin, Michelle Chan, Michael Messer
Sept. 1996 A. Durbin, Et Al, Foe 'Private Sector Frenzy' Report On Wb And Privatization, Andrea Durbin, Michelle Chan, Michael Messer
IFC E&S Performance Standards
No abstract provided.
Swimming The New Stream: The Disjunctions Between And Within Popular And Academic International Law, Jason Mark Anderman
Swimming The New Stream: The Disjunctions Between And Within Popular And Academic International Law, Jason Mark Anderman
Duke Journal of Comparative & International Law
No abstract provided.
Future Directions In International Environmental Law: Precaution, Integration And Non-State Actors, James Cameron
Future Directions In International Environmental Law: Precaution, Integration And Non-State Actors, James Cameron
Dalhousie Law Journal
In this, the Horace E. Read Memorial Lecture for 1995, James Cameron discusses three developments in international environmental law,-the principles of precaution and of integration and the roles of non-state actors. The precautionary principle calls for regulatory intervention to prevent environmental harm even though the risk of damage remains scientifically uncertain. A wide consensus exists in favour of a precautionary approach to environmental management and state practice is sufficient to assert the principle has attained the status of customary international law, but it remains controversial because it demands changes in practice. The principle of integration takes a holistic approach to …
The Formation Of International Law In The 21st Century, John De Saram
The Formation Of International Law In The 21st Century, John De Saram
ILSA Journal of International & Comparative Law
The methods and procedures of the Commission, as in the case of all human endeavors, need, of course, to be kept under regular review and to be improved wherever advisable. The methods and procedures of the Commission were referred to in the Sixth (the Legal) Committee of the UN General Assembly over the two weeks just passed, in the course of Sixth Committee consideration of the Report of the Commission.
International Law And Land Mines, Joerg Wimmers
International Law And Land Mines, Joerg Wimmers
ILSA Journal of International & Comparative Law
The Review Conference in Vienna' has failed to adopt a revised Convention due to unbridgeable differences among delegations on a strengthened Protocol II of the Convention (Land Mine Protocol). Almost all important provisions of the Protocol were contentious and a number of delegations showed very limited room to move toward a compromise.
International Law And Anti-Personnel Land Mines, Michael J. Matheson
International Law And Anti-Personnel Land Mines, Michael J. Matheson
ILSA Journal of International & Comparative Law
The Convention on Conventional Weapons was adopted in 1980 to limit the use of conventional weapons that present special risks of causing unnecessary suffering or indiscriminate effects. The Convention currently contains three Protocols, each of which regulates the use of a specific type of weapons
Ilsa Journal Of International & Comparative Law, Ilsa Journal Of International & Comparative Law
Ilsa Journal Of International & Comparative Law, Ilsa Journal Of International & Comparative Law
ILSA Journal of International & Comparative Law
No abstract provided.
The Essential Elements Of Judicial Independence And The Experience Of Pre-Soviet Russia, Thomas E. Plank
The Essential Elements Of Judicial Independence And The Experience Of Pre-Soviet Russia, Thomas E. Plank
Scholarly Works
No abstract provided.
International Law And The Inner Worlds Of Others, W. Michael Reisman
International Law And The Inner Worlds Of Others, W. Michael Reisman
St. Thomas Law Review
No abstract provided.