Law Commons^™

A Breakdown Of Where Nil Currently Stands, Justin Cavegn

UNH Sports Law Review

No abstract provided.

Politik Hukum Dalam Penegakan Hukum Di Indonesia, Anita Anita

"Dharmasisya” Jurnal Program Magister Hukum FHUI

Law is a guide and rules related to the concept of social life and will always be in accordance with the conditions of society. Law is a demand to be able to provide justice, meaning that the law is always faced with the question of whether the law can bring about justice. In relation to the legal concept, legal politics is defined as an activity that determines the patterns and methods of shaping law, supervises the operation of the law, and reforms the law for the purposes of the State. Therefore, law is a determinant of politics, and is also …

Theorizing Responsibility In The Investor State Dispute Resolution System, Kristen Boon

St. John's Law Review

(Excerpt)

The Investor-State Dispute System (“ISDS”) permits investors to sue states when their investments are injured. The system was designed to protect investors and impose responsibilities on states; it is uncontroversial to say that the ISDS system is one-sided. But a chorus of voices is now asking: should investors have responsibilities too? The narrative is one of injustice, driven by the perception that states have signed on to a system that has left them with large financial exposure to investors. This viewpoint has been reinforced, in the eyes of some, by the influence of big business, and by state losses …

Is Israel A Democratic State Which Preserves International Law As A Law? International Law As Criterion For The Practice Of Democracy, Medwis Fallah Al-Rashidi

UAEU Law Journal

At this stage of internationalsocialdevelopment, the answer to the aforementioned question cannot be provided solely by municipallaw. Internationallawand its rules must provide some of the answers. Some of these rules, which have been adopted from municipallaw, namely "the principle of democracy", which is one of generalprinciples oflawhas been embodied in Article 38 of the ICJ's Statute as a source of internationallaw.

The principle of democracy, as a generalprinciple oflaw, has the same implication and application in the two systems of municipaland internationallaw. The preservation of the principle of democracy in one system by a state leads inevitably to the preservation …

The Legal Regulation Of Humanitarian Relief Actions In Armed Conflicts, Wael Allam

UAEU Law Journal

Armed conflict is one of the main causes of humanitarian disasters which may result in the inability of parties in armed conflict to provide basic goods and services and thus depriving civilians of basic necessities of life.

With the course of armed conflict, the parties to the conflict may not be able to provide essential supplies to the population. Hence, there is no way to preserve the life, health and dignity of the population but through the work of humanitarian relief provided by States and humanitarian organizations. For this reason, it is important to study the topic of "the legal …

Financial Repression In China: Short-Term Growth But Long-Term Crisis, Guangdong Xu, Michael Faure

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Book Review: Völkerrecht. Eds. E. Menzel & Knut Ipsen: Verlag C.H. Beck-Munchen, 1979., Hugo J. Hahn

Georgia Journal of International & Comparative Law

No abstract provided.

The European Economic Community: The Right Of Member State Withdrawal, John A. Hill

Georgia Journal of International & Comparative Law

No abstract provided.

Spreading Democracy Everywhere But Here: The Unlikely Prospect Of Foreign National Defendants Asserting Treaty Violations In American Courts After Sanchez-Llamas V. Oregon And Medellin V. Dretke, Miriam F. Miquelon-Weismann

University of Massachusetts Law Review

To squarely address this decisional quagmire, this article examines the binding effect of ICJ orders, entered pursuant to its compulsory jurisdiction, on American courts; earlier decisions of the Supreme Court penalizing foreign nationals for failing to timely raise individual treaty claims; the effect on treaty enforcement in domestic courts after the executive branch’s recent foreign policy decision to withdraw from compulsory ICJ jurisdiction; the current policy disputes dividing the United States and the ICJ; and, the national interest, or lack thereof, in treaty compliance. The article concludes that the government’s current claim that a “long standing presumption” exists to prevent …

Incapacitating The State, Daryl J. Levinson

William & Mary Law Review

No abstract provided.

Disparate Protections For American Human Trafficking Victims , Amanda Peters

Cleveland State Law Review

The federal government places victims, for the purpose of receiving protections, into two categories: first, international victims and second, American citizens or permanent residents. If an international trafficking victim qualifies to receive services as a result of having been trafficked, the United States will provide refugeelike protections through the TVPA. These protections include housing, food, cash assistance, job training, counseling, medical care, legal assistance, and other services that are available for a period of several years. Victims who are Americans, on the other hand, must find protection elsewhere. The United States government specifically excludes its own trafficked citizens from receiving …

Re-Examining International Responsibility: "Complicity" In The Context Of Human Rights Violations, John Cerone

ILSA Journal of International & Comparative Law

Recent events have focused the attention of international jurists on international responsibility for complicit conduct.

The Forgotten Threat: Private Policing And The State, Elizabeth E. Joh

Indiana Journal of Global Legal Studies

What do Disneyland, the Abu Ghraib U.S. military prison, the Mall ofAmerica, and the Y-12 nuclear security complex in Oak Ridge, Tennessee have in common? They have wildly different purposes, but they share a common characteristic as employers of private police. This answer-indicative of the prevalence and numbers of private police today-would have struck the nineteenth -century observer as evidence of a gross failure by the state. Yet that reaction, in turn, would seem odd to us. Vocal support of private police can be found among public police chiefs, lawmakers, and even President Bush.

What kinds of criticisms were once …

Transnational Federalism: Problems And Prospects Of Allocating Public Authority Beyond The State (The Earl A. Snyder Lecture In International Law), Jost Delbruck

Indiana Journal of Global Legal Studies

The Earl A. Snyder Lecture in International Law

Can Congressional Foreign Affairs Power Justify A Juvenile Death Penalty Prohibition In The United States?, Serri Miller

ILSA Journal of International & Comparative Law

In the United States federalist model, constituent states haven't much opportunity to irritate foreign nations.

Can A State Commit A Crime? Definitely, Yes!, Alain Pellet

ILSA Journal of International & Comparative Law

As is well known, the International Law Commission (ILC) decided in 1976 to include an article in its Draft Articles on State Responsibility that makes a distinction between normal international wrongful acts, which it called delicts, on the one hand, and exceptionally grave breaches of international law which it called international crimes, on the other hand.

Political Factors In The Formulation Of National Strategy, Harold D. Lasswell

International Law Studies

No abstract provided.

Freedom Of The Seas, Ephraim P. Holmes

International Law Studies

No abstract provided.

Current International Law Problems Of The Navy, Joseph B. Mcdevitt

International Law Studies

No abstract provided.

The State As A Secular Phenomenon, Erhard Mock

Syracuse Journal of International Law and Commerce

In all his works Julius Stone has always put stress on the importance of historical reflection. Therefore, the author wishes to dedicate to Professor Stone this essay which deals from a Continental point of view with the historical background of one of the most fundamental principles of the modem state. This is the development of the secular character of the state. The essence of this. process (which predated the rise of the Continental democracies) is that the state as such is not to be identified with any religious or ideological position, thus guaranteeing the plurality of society.

International Law - Effect Of Recognition - Statute Of Limitations, John N. Seaman

Michigan Law Review

In 1917, the Provisional Government of Russia, which was recognized by the United States, had on deposit with defendant bank a large sum of money. During that year the Provisional Government was overthrown by the Soviet Government, and the bank decided to repudiate the debt, because deposits which the bank held in Russia had been confiscated to an amount exceeding that of the debt. The United States continued to recognize the Provisional Government as the de jure government of Russia until 1933. Before 1922, the bank communicated notice of the repudiation several times to Ambassador Bakhmeteff, representing the Provisional Government, …