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Articles 3361 - 3390 of 5724
Full-Text Articles in Comparative and Foreign Law
United States Implementation Of The International Criminal Court: Toward The Federalism Of Free Nations, Lauren Fielder Redman
United States Implementation Of The International Criminal Court: Toward The Federalism Of Free Nations, Lauren Fielder Redman
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Detention In The "War On Terror": Constitutional Interpretation Informed By The Law Of War, Alec Walen, Ingo Venzke
Detention In The "War On Terror": Constitutional Interpretation Informed By The Law Of War, Alec Walen, Ingo Venzke
ILSA Journal of International & Comparative Law
In waging the "war on terror," the United States (U.S.) has detained numerous individuals for many years and claims the right to detain them for their whole lives on the ground that they are dangerous.
A Moral Imperative: The Human Rights Implications Of Climate Change, Sara C. Aminzadeh
A Moral Imperative: The Human Rights Implications Of Climate Change, Sara C. Aminzadeh
UC Law SF International Law Review
Even conservative forecasts of climate change predict dramatic effects to environments, economies, and people around the world. Though the causal link between climate change and human rights is not as readily apparent as with other environmental issues, climate change impacts public health, food security, infrastructures, and natural resources. For the Inuit living in the rapidly melting Arctic, and citizens of small island developing states facing sea level rise, climate change has become a matter of human rights. This note explores the effect of climate change on human rights, such as the right to life and the right to health, as …
The Use Of Offensive Force In U.N. Peacekeeping: A Cycle Of Boom And Bust, James Sloan
The Use Of Offensive Force In U.N. Peacekeeping: A Cycle Of Boom And Bust, James Sloan
UC Law SF International Law Review
U.N. peacekeeping operations have traditionally been expected to adhere to three key principles: they must operate with the consent of the host state, they must act impartially and they must limit their use of force to self-defense. This article focuses on the final characteristic, the self-defense principle, and chronicles the attitude of the U.N. towards its observance. As the article will show, there have been three main periods where the self-defense principle has been ignored: with ONUC operation in the Congo in the early 1960s, with several missions in the early 1990s and, finally, with the current period, beginning in …
The International Legal Responsibility To Protect Against Genocide, War Crimes And Crimes Against Humanity: Why National Sovereignty Does Not Preclude Its Exercise, David Aronofsky
ILSA Journal of International & Comparative Law
Good morning everyone. I am pleased to be here as part of this exciting International Law Weekend to participate with my good friend and Rocky Mountains colleague, Professor Nanda, along with Professor Wojcik, to discuss this important topic of The Responsibility to Protect Victims of Genocide, War Crimes and Crimes Against Humanity.
Moving From Single-Species Management To Ecosystem Management In Regional Fisheries Management Organizations, Howard S. Schiffman
Moving From Single-Species Management To Ecosystem Management In Regional Fisheries Management Organizations, Howard S. Schiffman
ILSA Journal of International & Comparative Law
Even though reference to the modem framework of ocean governance begins with the 1982 United Nations Convention on the Law of the Sea (UNCLOS),' it certainly does not end there.
Teaching Or Get Off The Lectern: Impediments To Improving International Law Teaching, John Gamble
Teaching Or Get Off The Lectern: Impediments To Improving International Law Teaching, John Gamble
ILSA Journal of International & Comparative Law
International law teaching combines the worst aspects of sex and the weather. Everyone thinks they are an expert; they complain about problems but do nothing to improve the situation.
Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law
Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law
ILSA Journal of International & Comparative Law
No abstract provided.
The Law Of War After The Dta, Hamdan And The Mca, Ltc Eric Talbot Jensen
The Law Of War After The Dta, Hamdan And The Mca, Ltc Eric Talbot Jensen
ILSA Journal of International & Comparative Law
I am grateful to be here and part of this panel and to discuss these important issues.
Gambling And The Law®: The International Law Of Remote Wagering, 40 J. Marshall L. Rev. 1159 (2007), I. Nelson Rose
Gambling And The Law®: The International Law Of Remote Wagering, 40 J. Marshall L. Rev. 1159 (2007), I. Nelson Rose
UIC Law Review
No abstract provided.
Que Lastima Zapata! Bad Cisg Ruling On Attorneys' Fees Still Haunts U.S. Courts, David B. Dixon
Que Lastima Zapata! Bad Cisg Ruling On Attorneys' Fees Still Haunts U.S. Courts, David B. Dixon
University of Miami Inter-American Law Review
No abstract provided.
Taking Fairness And Retroactivity From Immigration Law: Casenote On Fernandez-Vargas V. Gonzales, Gregory R. Hawran
Taking Fairness And Retroactivity From Immigration Law: Casenote On Fernandez-Vargas V. Gonzales, Gregory R. Hawran
University of Miami Inter-American Law Review
No abstract provided.
Burden Of Proof And The Prima Facie Case: The Evolving History And Its Applications In The Wto Jurisprudence, Ho Cheol Kim
Burden Of Proof And The Prima Facie Case: The Evolving History And Its Applications In The Wto Jurisprudence, Ho Cheol Kim
Richmond Journal of Global Law & Business
No abstract provided.
The Foreign Source Doctrine: Explaining The Role Of Foreign And International Law In Interpreting The Constitution, Timothy K. Kuhner
The Foreign Source Doctrine: Explaining The Role Of Foreign And International Law In Interpreting The Constitution, Timothy K. Kuhner
Faculty Publications By Year
This article brings much-needed precision to the debate over the Supreme Court's use of foreign and international law to interpret the Constitution. The debate has been both imprecise, ignoring the subtleties of the phenomenon at issue, and prematurely abstract, jumping to theoretical and ideological levels without first looking to establish the specifics. By focusing on the particular areas of constitutional text subjected to foreign sources and the longstanding lines of caselaw upon which the use of foreign sources builds, this article reveals that a doctrine has crystallized around the use of foreign sources. The doctrine specifies the precise uses to …
Parol Evidence Under The Cisg: The "Homeward Trend" Reconsidered, 68 Ohio St. L.J. 133 (2007), Karen H. Cross
Parol Evidence Under The Cisg: The "Homeward Trend" Reconsidered, 68 Ohio St. L.J. 133 (2007), Karen H. Cross
UIC Law Open Access Faculty Scholarship
The CISG has been described as one of history 's most successful attempts to harmonize international commercial law. Consistent with its goal of harmonizing the law of international sales, Article 7(1) of the CISG instructs courts and arbitrators to interpret the Convention in light of "its international character and the need to promote uniformity in its application. " MCC-Marble v. Ceramica Nuova D'Agostina is a U.S. decision that has been praised for its adherence to Article 7(1). In contrast with conventional academic commentary, which praises MCC-Marble and criticizes the tendency of courts to interpret the CISG in light of their …
Crimes Against Humanity At The Extraordinary Chambers In The Courts Of Cambodia: Is A Connection With Armed Conflict Required, 24 Ucla Pac. Basin L.J. 125 (2007), Stuart K. Ford
UIC Law Open Access Faculty Scholarship
No abstract provided.
Dissonant Harmonization: Limitations On "Cash N' Carry" Creativity, 70 Alb. L. Rev. 1163 (2007), Doris E. Long
Dissonant Harmonization: Limitations On "Cash N' Carry" Creativity, 70 Alb. L. Rev. 1163 (2007), Doris E. Long
UIC Law Open Access Faculty Scholarship
Even though creativity lies at the heart of present copyright laws, the impulse to create-or more precisely what triggers such creativity-remains largely unexamined. Coinciding with the digital demand for access to information, new standards for "cash 'n' carry" creativity are being urged with little regard to what level of authorial3 control may be required to ensure continued enrichment of the public domain through the creation of vibrant new works. Scientific, psychological, and sociological studies indicate that "cash 'n' carry" creativity fails to implement the critical triggering mechanisms for the creative impulse. Moreover, such "cash 'n' carry" attitudes toward authors' rights …
Boticas Y Bodegas: The Development Of Food And Drug Regulation In Peru, Alicia C. Llosa
Boticas Y Bodegas: The Development Of Food And Drug Regulation In Peru, Alicia C. Llosa
University of Miami Inter-American Law Review
No abstract provided.
Protecting New Technologies In Latin America: The Case For Computer Software Patents In Argentina, Miguel E. Sciancalepore
Protecting New Technologies In Latin America: The Case For Computer Software Patents In Argentina, Miguel E. Sciancalepore
University of Miami Inter-American Law Review
No abstract provided.
Transboundary Pollution: Harmonizing International And Domestic Law, Noah D. Hall
Transboundary Pollution: Harmonizing International And Domestic Law, Noah D. Hall
Law Faculty Research Publications
Addressing transnational pollution requires both international and domestic law. Transnational pollution is an international problem that demands and deserves the attention of international legal mechanisms such as treaties, agreements, arbitration, and international management and governance. At the same time, transnational pollution problems can often be addressed more effectively and efficiently through the domestic legal system. An ideal approach is to harmonize transnational pollution management and dispute resolution under international and domestic law. This Article seeks to provide pragmatic, feasible, and politically realistic solutions to transnational pollution by harmonizing international and domestic law. However, given the diversity in geography, domestic legal …
Introduction (Symposium: Perspectives On Post-Conflict Constitutionalism), Ruti G. Teitel
Introduction (Symposium: Perspectives On Post-Conflict Constitutionalism), Ruti G. Teitel
Articles & Chapters
No abstract provided.
The Case For A Flat-Earth Law School, Erik M. Jensen
The Case For A Flat-Earth Law School, Erik M. Jensen
Cardozo Journal of International and Comparative Law
The essay argues against the increasing emphasis on globalization in legal education, advocating for a return to a focus on American law. It critiques the trend of prioritizing international, transnational, and comparative law, asserting that this shift undermines the foundational knowledge of domestic law necessary for effective legal practice. The author contends that while international law has its place, it should not overshadow the core principles of American law, which remain central to the majority of legal careers.
Selective Prosecution In Russia - Myth Or Reality?, Yelina Kvurt
Selective Prosecution In Russia - Myth Or Reality?, Yelina Kvurt
Cardozo Journal of International and Comparative Law
The note examines the issue of selective prosecution, focusing on the case of Mikhail Khodorkovsky, and argues that the Russian legal system lacks an explicit defense against such practices, which violate constitutional guarantees of equality before the law. It advocates for the adoption of a legal standard to address selective prosecution, drawing parallels with the U.S. legal framework while acknowledging the need to adapt it to Russia's unique judicial context.
Taking The Right To Abortion In Croatia Seriously - One Of The Basic Constitutional Rights Or A Rudiment Of The Right To Reproduction?, Dalida Rittossa
Taking The Right To Abortion In Croatia Seriously - One Of The Basic Constitutional Rights Or A Rudiment Of The Right To Reproduction?, Dalida Rittossa
Cardozo Journal of Equal Rights & Social Justice
No abstract provided.
The New United States Model Income Tax Convention, Reuven S. Avi-Yonah, Martin B. Tittle
The New United States Model Income Tax Convention, Reuven S. Avi-Yonah, Martin B. Tittle
Articles
On 15 November 2006, the United States Treasury released its long-awaited new Model Income Tax Convention (“New Model”), which replaced the 1996 US Model (“Old Model”). This article reviews some of the major differences between the New and Old Models, as well as some of the major differences between the New Model and the current (2005) OECD Model Tax Convention. The article also discusses some new trends in US treaty policy which are not reflected in the New Model. The article concludes by evaluating the New Model in light of the emerging trend to use tax treaties not just to …
Islamic Law In The Jurisprudence Of The International Court Of Justice: An Analysis, Clark B. Lombardi
Islamic Law In The Jurisprudence Of The International Court Of Justice: An Analysis, Clark B. Lombardi
Articles
This Article asks whether ICJ opinions to date suggest that judicial consideration of Islamic legal norms has played, can play, or should play a role in the ICJ's resolution of international legal disputes or in establishing the legitimacy of the results that it has reached. It is structured as follows. Part II gives an initial overview of the ICJ to help us understand how and why judges on the ICJ have reached the answers they have. Part III describes how the ICJ's enabling statute permits the Court, at least in theory, to look at Islamic legal norms. As I will …
Internalizing Gender: Why International Law Theory Should Adopt Comparative Methods, Darren Rosenblum
Internalizing Gender: Why International Law Theory Should Adopt Comparative Methods, Darren Rosenblum
Faculty Publications
This Article uses the example of international women 's political rights to examine the value of comparative methodologies in analyzing the process by which nations internalize international norms. As internalized in Brazil and France, the Convention on the Elimination of All Forms of Discrimination Against Women suggests possibilities for (and possible limitations of) interdisciplinary comparative and international law scholarship. Indeed, international law scholarship is divided between theories of internalization and neorealist challenges to those theories. Comparative methodologies add crucial complexity to internalization theory, the success of which depends on acknowledging vast differences in national legal cultures. Further, comparative methodologies expose …
Center Of Main Interests, International Insolvency Case Venue, And Equality Of Arms: The Eurofood Decision Of The European Court Of Justice, Samuel Bufford
Center Of Main Interests, International Insolvency Case Venue, And Equality Of Arms: The Eurofood Decision Of The European Court Of Justice, Samuel Bufford
Faculty Scholarship
This Article examines the Eurofood-E.C.J. decision and evaluates its impact on the decisions of the Irish and the Italian courts to open main insolvency cases for Eurofood. This Article also addresses the broader international insolvency law issues that the E.C.J. decision left open. Part II of this Article provides background information on the format and binding effect of a decision of the E.C.J. Part III explores the background of Parmalat and Eurofood and describes the Eurofood cases in the Irish and Italian courts prior to the E.C.J. decision. Part IV examines the E.C.J. decision, its rationale, and its application to …
Invasive Seaweed: Global And Regional Law And Policy Responses, Meinhard Doelle, Moira Mcconnell, David Vanderzwaag
Invasive Seaweed: Global And Regional Law And Policy Responses, Meinhard Doelle, Moira Mcconnell, David Vanderzwaag
Articles, Book Chapters, & Popular Press
We consider law and policy responses to invasive seaweeds at global and regional levels. Key global regimes considered include the 1982 United Nations Convention on the Law of the Sea, the Convention on Biological Diversity, the Ramsar Convention and the Bonn Convention on Migratory Species. Contributions from the Food and Agriculture Organization and the International Maritime Organization are also considered in the global context. At a regional level, examples of efforts in North America and Europe are offered to illustrate challenges and opportunities for regional responses to invasive seaweeds. We conclude with law and policy recommendations, most notably the need …
Private Finance, Social Responsibility, And Transitional Justice: The Case For South African Reconciliation And Development Bonds, Daniel D. Bradlow
Private Finance, Social Responsibility, And Transitional Justice: The Case For South African Reconciliation And Development Bonds, Daniel D. Bradlow
Scholarly Articles in Law Reviews & Journals
No abstract provided.