Law Commons^™

New Perspectives Of International Commercial Arbitration In Europe, Hans Dolinar

Georgia State University Law Review

No abstract provided.

Fo, Pol'y Brief, Analysis Of Ifc Procedures And Policies Against Fy 95 Certification Requirements, Ifc

IFC E&S Performance Standards

No abstract provided.

Augst 27, 1993 Public Transcript Of Ibrd Ida Board Meeting On Panel Of August 27 1993, Ibrd

WBIP Creation Up To 1993

No abstract provided.

August 26, 1993 Creating An Independent Appeals Commission At The World Bank, David Hunter, Lori Udall, Peter Bosshard

WBIP Creation Up To 1993

No abstract provided.

August 26, 1993 Transcript Of Ibrd Idaboard Meeting On Panel Of-August-26-1993, Ibrd

WBIP Creation Up To 1993

No abstract provided.

August 23, 1993 Ngo Memo To Clinton Adm Re Comments On World Bank Draft Paper On Functions And Operations Of An Inspection Function, Lori Udall, Jim Barnes, Barbara Bramble, Chad Dobson, Larry Williams, David Hunter

WBIP Creation Up To 1993

No abstract provided.

Aug 6, 1993, Ibrd, Memo To Wb Board, Paper, Function And Operations Of An Inspection Function And August 5 Draft Resolution, The World Bank

WBIP Creation Up To 1993

This document includes the April 6 Board Paper prepared by IPR staff and entitled “Function and operations of an Inspection Function.” Also included with the Board Paper is the Draft Resolution dated August 6, prepared by the General Counsel Ibrahim Shihata. These documents were prepared for discussion at the August 26 Board meeting. These papers reflected Board comments made at the July 9 meeting on the June 10 options paper, Operations Inspection in the Bank: Issues and Options, In light of those comments, the cover memo highlights that in this version: The Objectives of, and rationale for, the inspection have …

Aug 6 1993, Ibrd, Board Paper, Function And Operations Of An Inspection Function, Ibrd

WBIP Creation Up To 1993

No abstract provided.

Nationalization And The Bunker Hunt Case, Kim Cluff

Brigham Young University Prelaw Review

The nationalization of foreign-owned companies is a controversial issue that has created considerable tension within the international arena. As a result, international law has had to expand in order to aptly deal with cases involving expropriation. While all countries do not agree on how to settle such questions, international laws have been established that decisively defend various taking actions. The Bunker Hunt Case is a good illustration of how these laws can be applied. This case involves the nationalization of Milton Bunker Hunt's rights to oil interests in Libya. According to the Libyan government, this taking was both legal and …

July 9, 1993transcript-Public-Of-Ibrd-Ida-Board-Informal-Meeting-Of-July-9-1993-Redacted, Ibrd

WBIP Creation Up To 1993

No abstract provided.

1993 Cardozo Life (Summer), Benjamin N. Cardozo School Of Law

Cardozo Life Magazine

Table of Contents:

Jacob Burns Feted, page 1

Mediation Clinic Director Negotiates Breakthrough, page 1

New Board Members Elected, page 2

Faculty News, page 2

Dean’s Associates Meet for Breakfast, page 3

Cardozo’s Family of Supporters, page 3

New Cardozo Journal Publishes, page 3

Heyman Symposium Marks 60 Years of Securities Regulation, page 3

Junior High Students Attend ITAP, page 3

In Memoriam, page 3

Second Annual Auction Set, page 4

Mini Diplomas to be Issued, page 4

Cardozo Group Sworn in at U.S. Supreme Court, page 4

Squadron Program Attracts “Stars”, page 4

Message from the Coordinating Committee, page …

Back To The Future: An Address To The Class Of 2042, Alfred C. Aman

Indiana Law Journal

No abstract provided.

Post-Totalitarian Politics, Guyora Binder

Journal Articles

This review essay examines two Hegelian responses to the unexpected collapse of communism, both published in 1992: The End of History by Francis Fukuyama and Civil Society and Political Theory by Jean Cohen and Andrew Arato. Fukuyama’s book famously predicted that the triumph of markets would lead to the end of armed conflict. Cohen & Arato celebrated the role of civil society activists in overthrowing communism, and proposed that first world progressives follow a similar path to reform. This review essay argues that Fukuyama’s interpretation of Hegel as a cold war liberal ignores Hegel’s warnings about the anomic and antisocial …

International Agreement Obligations After The Soviet Union's Break-Up, Lucinda Love

Vanderbilt Journal of Transnational Law

Focusing on the dissolution of the Soviet Union, the author explores whether international law is consistent with respect to the succession of states to treaty obligations. This Note examines whether the republics of the former Soviet Union are held bound by treaties made by the U.S.S.R.

The Note discusses whether the current practice of the United States regarding treaties with the former Soviet Union is consistent with international law. The author concludes that international law in this area is not well settled. The United States treatment of the former Soviet republics is consistent with some sources of law, but not …

Effect Of Treaties In Domestic Law: Practice Of The People's Republic Of China, Li Zhaojie

Dalhousie Law Journal

During the last decade, the world has witnessed a rapid growth of China's treaty relations with other states and international organizations. Today, almost every aspect of the social life in China, ranging from civil and economic transactions of individual parties to affairs of state is increasingly regulatedby international treaties.1 This situation gives prominence to an important question: what is the effect of treaties in China's domestic legal system?

Books Received, Law Review Staff

Vanderbilt Journal of Transnational Law

Extraterritorial Employment Standards of the United States: The Regulation of the Overseas Workplace

By James Michael Zimmerman

New York, New York: Quorum Books, 1992. Pp.206.

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Fact-Finding before International Tribunals

Edited by Richard B. Lillich

Irvington-on-Hudson, New York: Transnational Publishers Inc., 1992, Pp. 338.

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International Human Rights Law in the Commonwealth Caribbean

Edited by Angela D. Byre and Bevereley Y. Byfield

Dordrecht, The Netherlands: Martinus Nijhoff Publishers, 1991. Pp. 398.

International Panel: Comparative Approaches To Media Protection, Joseph C. Sweeney, Ben Caspit, Andrea Hanlon, David A. Schulz

Fordham Intellectual Property, Media and Entertainment Law Journal

No abstract provided.

J.L. Brierly And The Modernization Of International Law, Carl Landauer

Vanderbilt Journal of Transnational Law

In this Article, the author provides an analysis of a classic of international law, The Law of Nations, by J.L. Brierly. The author describes Brierly as an international legal scholar whose modernization of international law involves an emphasis on fact and complexity, an emphasis that is ultimately little more than a gesture. The author then examines the narrative structure of The Law of Nations and indicates the normative messages disclosed in Brierly's telling of the story of international law. Finally, the author describes Brierly's effort to describe international law as occupying a political realm while Brierly's evolutionary optimism made him …

Feminism And International Law: A Reply, Fernando R. Tesón

Scholarly Publications

Over the past several years, legal scholars have extended feminist theory to many areas of the law, and legal discourse has been enriched by feminist jurisprudence. Until recently, however, international law had not undergone a sustained feminist critique. This gap is now slowly being filled; a notable contribution to that effort is a recent article by Hilary Charlesworth, Christine Chinkin, and Shelley Wright.

This Essay presents a reply to the Charlesworth-Chinkin-Wright critique. Although much of this reply engages more general issues in feminist theory, it would be impossible, within the scope of this work, to address every important political, cultural, …

Superpower Extraterritorial Abduction: The Alvarez-Machain Case, Loubna W. Haddad

St. Thomas Law Review

It can safely be said that the United States is a world leader and is looked upon by other nations as champion in world affairs. Recently, however, in United States v. Alvarez-Machain, the United States sent a message to the nations of the world that it is permissible for one nation to violate international law through incursions on the territorial sovereignty of other nations. Furthermore, the Court established that the rules set out in an extradition treaty will not control the United States' conduct. In United States v. Alvarez-Machain, Humberto Alvarez-Machain, a Mexican national, was forcibly kidnapped from Mexico by …

In Memoriam: Professor Dr. Wilhelm A. Kewenig, Jost Delbruck

Articles by Maurer Faculty

No abstract provided.

China's Evolving Company Legislation: A Status Report, Preston M. Torbert

Northwestern Journal of International Law & Business

As China's economic reforms have progressed, however, the need for a company law has become apparent. The two principal reasons are, first, the need to reform existing state-owned enterprises and, second, the need to create a means for foreign investment in reformed state-owned enterprises. For political reasons, there appears to be no perceived need for the company law to encourage larger privately-owned enterprises.

Chinese Traditions Inimical To The Patent Law, The Symposium: Doing Business In China, Liwei Wang

Northwestern Journal of International Law & Business

These phenomena remind us of a common view that China's modernization of science and technology is "burdened by a number of constraints, primarily constraints in traditional culture and in the Marxist-Leninist one-party state." 5 More specifically, in discussing the patent law of the People's Republic of China (PRO), Beaumont claimed that the "two-fold problem in stimulating innovation" is "a residual mistrust of innovation as a result of years of foreign imperialistic colonization," and of "finding ways to encourage and reward innovation which are congruent with Marxist thought."6 This article asserts that China's traditional culture is probably as inimical to patent …

The History Of The Patent Harmonization Treaty: Economic Self-Interest As An Influence, R. Carl Moy

Faculty Scholarship

How shall the United States decide whether to adopt the Patent Harmonization Treaty? What questions shall we ask? Whose answers shall we trust? What sources of information can provide us with the background needed for these inquiries? This article offers a framework in which to ask, and begin to answer, these questions. It focuses on the international community's past efforts to harmonize the law of patents. It asserts not only that history provides context, but also, that the same history yields lessons directly applicable to many of the treaty's basic issues. Section I discusses the immediate history of WIPO's efforts …

Jag Corps Poised For New Defense Missions: Human Rights Training In Peru, Jeffrey F. Addicott

Faculty Articles

The National Command Authority has cited the dissolution of the Soviet Union as cause for the United States Military to expand its role. In addition to its traditional role of fighting wars, the military will take on new nontraditional roles promoting human rights and the rule of law throughout the world. These new military missions will include peacekeeping operations, humanitarian interventions, disaster relief missions, counter-drug activities, and nation-building activities.

As part of this initiative, the United States Judge Advocate General’s Corps (JAGC) provides legal assistance to the militaries of several emerging and struggling democracies. A number of foreign armies and …

The Commander In Chief And United Nations Charter Article 43: A Case Of Irreconcilable Differences?, James W. Houck

Faculty Scholarship

Part II of this paper provides an overview of the U.N. Charter's framework for collective security, with a particular focus on the Charter's provision for the. creation, command, and control of U.N. military forces. During the Cold War, this framework fell into desuetude, and U.N. forces that participated in enforcement actions, such as Korea and Iraq, as well as peacekeeping operations, were created in ad hoc fashion outside the Charter's framework. Part III examines this development and considers how the conclusion of an Article 43 agreement might alter the President's authority under international law to pursue U.S. interests while participating …

National Self-Determination And Secession: The Slovak Model, Holly A. Osterland

Case Western Reserve Journal of International Law

No abstract provided.

The Jewish Perspective In International Law, Pnina Lahav

Faculty Scholarship

Let me start with two qualifications.

First, this question: is defining the term "Jewish" essential to an exploration of a Jewish vision of international law? The historian Jacob Talmon recalls an exchange between a Gentile and a Jew:

"I thought you were Jewish," said the Gentile.

"Well," answered the Jew, "by a biological standard I am Jewish, since both of my parents were Jewish, but it is 20 years since I sent a letter of resignation to the Jewish community."

"I see," answered the Gentile, "you mean that Jewishness is like a club."

The anecdote captures the evasive quality of …

Preserving The Third Temple: Israel's Right Of Anticipatory Self-Defense Under International Law, Louis R. Beres

Vanderbilt Journal of Transnational Law

In this Article, Professor Beres discusses certain political tensions in the Middle East and the appropriateness of preemptive military action by Israel. He concludes that the ongoing hostilities and threatening overtures by Israel's enemies could give Israel sufficient basis pursuant to international law to conduct preemptive strikes. Upon reaching this conclusion, Professor Beres considers the level of force Israel should employ in various preemptive or counter retaliation scenarios. While the degree of preemption is debatable, the author believes that the preservation of Israel may require some preemptive action in the near future.

A Contemporary Definition Of The International Norm Of Self-Determination, S. James Anaya

Publications

No abstract provided.