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Articles 3511 - 3540 of 5724

Full-Text Articles in Comparative and Foreign Law

El Convenio Terrorism Nuclear: Seran Clasificados Los Detenidos Como "Combatientes Enemigos" Por Los Estados Unidos?, Heather R. Demner Jan 2006

El Convenio Terrorism Nuclear: Seran Clasificados Los Detenidos Como "Combatientes Enemigos" Por Los Estados Unidos?, Heather R. Demner

ILSA Journal of International & Comparative Law

Mientras las imigenes de los recientes bombardeos producidos en ferrocarriles subterfineos y autobuses en Londres el 7 de julio del 2005 aparecen en peri6dicos y estaciones de noticias alrededor del mundo, la comunidad intemacional revive las imigenes atroces de los atentados terroristas del once de septiembre contra las torres gemelas de Nueva York hacidndoles recordar que la amenaza del terrorismo no ha desaparecido.'


Enhancing Accountability At The International Level: The Tension Between International Organization And Member State Responsibility And The Underlying Issues At The Stake, Ralph Wilde Jan 2006

Enhancing Accountability At The International Level: The Tension Between International Organization And Member State Responsibility And The Underlying Issues At The Stake, Ralph Wilde

ILSA Journal of International & Comparative Law

Since 1945, international organizations have come to play a major role in international and national affairs. All states (apart from the Vatican City) are members of the United Nations and subject to the binding resolutions of the Security Council, such as the series of resolutions imposing a broad range of obligations relating to activities prescribed as 'terrorist';' many states are subject to the jurisdiction of international courts and tribunals, from the WTO dispute settlement process to the International Tribunal on the Law of the Sea


Filling The Void: Providing A Framework For The Legal Regulation Of The Military Companent Of The War On Terror Through Application Of Basic Principles Of The Law Of Armed Conflict, Professor Geoffrey S. Corn Jan 2006

Filling The Void: Providing A Framework For The Legal Regulation Of The Military Companent Of The War On Terror Through Application Of Basic Principles Of The Law Of Armed Conflict, Professor Geoffrey S. Corn

ILSA Journal of International & Comparative Law

In 1961, the Supreme Court of the United States held in Mapp v. Ohio' that the Fourteenth Amendment to the United States Constitution required imposition of the exclusionary rule for evidence improperly seized by State officials.


U.N. Reform And The International Court Of Justice: Introductory Statement, Ambassador Andrew Jacovides Jan 2006

U.N. Reform And The International Court Of Justice: Introductory Statement, Ambassador Andrew Jacovides

ILSA Journal of International & Comparative Law

It is customary during anniversaries to devote some attention to introspection and stock taking. Looking back at my own writings on the subject of U.N. reform (during the fortieth, the fiftieth and now the sixtieth anniversary in 1985, 1995 and this year), I confirmed my long held conviction that the United Nations is indispensable and its Charter, in its basic provisions, has stood the test of time.


Political Conflict And Freedom Of Expression In Venezuela, Ambassador Bernardo Alvarez Herrera Jan 2006

Political Conflict And Freedom Of Expression In Venezuela, Ambassador Bernardo Alvarez Herrera

ILSA Journal of International & Comparative Law

Good morning. Thank you for inviting me to speak on this important subject. First off, let me start by saying that contrary to popular belief, the freedom of expression and the press are alive and well in Venezuela.


Nulclear Non-Proliferation And Unique Issues Of Compliance, Gustavo R. Zlauvinen Jan 2006

Nulclear Non-Proliferation And Unique Issues Of Compliance, Gustavo R. Zlauvinen

ILSA Journal of International & Comparative Law

Christopher Ford just spoke about compliance assessment and compliance enforcement, which are two concepts very inter-related and essential to non- proliferation.


American Wartime Values In Historical Perspective: Full-Employment Mobilization Or Business As Usual, Timothy A. Canova Jan 2006

American Wartime Values In Historical Perspective: Full-Employment Mobilization Or Business As Usual, Timothy A. Canova

ILSA Journal of International & Comparative Law

September 1 1th ushered in a period of existential doubt for many Americans, raising questions about why we are hated, what are our values, and what, if anything, should change.


Presidential Authority And The War On Terror, Joseph W. Dellapenna Jan 2006

Presidential Authority And The War On Terror, Joseph W. Dellapenna

ILSA Journal of International & Comparative Law

I]t is an established fact that documents justifying and authorizing the abusive treatment ofdetainees during interrogation were approved and distributed


Listening To The Enemy: The President's Power To Conduct Surveillance Of Enemy Communications During Time Of War, John C. Eastman Jan 2006

Listening To The Enemy: The President's Power To Conduct Surveillance Of Enemy Communications During Time Of War, John C. Eastman

ILSA Journal of International & Comparative Law

Ever since the New York Times published classified information in December 2005' about the efforts by the National Security Agency to intercept enemy communications to or from sources in the United States (as authorized by the President in his capacity as Commander-In-Chief), there has been a great hew and cry about the President's "illegal" conduct.


Origins Of The Recent Wars Of Choice And Their Impact On U.S. Global Markets, Ismael Hossein-Zadeh Jan 2006

Origins Of The Recent Wars Of Choice And Their Impact On U.S. Global Markets, Ismael Hossein-Zadeh

ILSA Journal of International & Comparative Law

While they may have been immoral, external military operations of past empires often proved profitable and, therefore,justifiable on economic grounds.


The Republic Of Acastus V. The State Of Rubia: The Case Concerning The Elysian Fields, Zabrina Lau, Timothy Parker, Kay Seto, Yvonne Shi, Megan Yeung Jan 2006

The Republic Of Acastus V. The State Of Rubia: The Case Concerning The Elysian Fields, Zabrina Lau, Timothy Parker, Kay Seto, Yvonne Shi, Megan Yeung

ILSA Journal of International & Comparative Law

The Republic of Acastus and the State of Rubria have agreed to submit the present controversy for final resolution by the International Court of Justice ("ICJ") by Special Agreement pursuant to Article 40, Paragraph 1 of the Statute of this Court


Resurrecting "Romantics At War": International Self-Defense In The Shadow Of The Law Of War-Where Are The Borders?, Mohammed Saif-Alden Wattad Jan 2006

Resurrecting "Romantics At War": International Self-Defense In The Shadow Of The Law Of War-Where Are The Borders?, Mohammed Saif-Alden Wattad

ILSA Journal of International & Comparative Law

Rules relating to the use of force are among the traditional concerns of international law.


The Republic Of Acastus V. The State Of Rubia: The Case Concerning The Elysian Fields, Cora Charly Von Der Heide, Jessica Henopp, Sore Jotten, Felix Machts, Torben Spliedt Jan 2006

The Republic Of Acastus V. The State Of Rubia: The Case Concerning The Elysian Fields, Cora Charly Von Der Heide, Jessica Henopp, Sore Jotten, Felix Machts, Torben Spliedt

ILSA Journal of International & Comparative Law

The differences between the Republic of Acastus and the State of Rubria concerning the Elysian Fields have been brought before the International Court of Justice in accordance with Article 40(1) of its statute by notification of the Compromis for Submission to the International Court of Justice of the Differences between the Republic of Acastus (Applicant) and the State of Rubria (Respondent) Concerning the Elysian Fields.


Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law Jan 2006

Isla Journal Of International And Comparative Law, Isla Journal Of International And Comparative Law

ILSA Journal of International & Comparative Law

September 1 1th ushered in a period of existential doubt for many Americans, raising questions about why we are hated, what are our values, and what, if anything, should change.


The Best Kept Secret In The Law: How To Get Paid To Live On A Tropical Island, Michael J. Keyser Jan 2006

The Best Kept Secret In The Law: How To Get Paid To Live On A Tropical Island, Michael J. Keyser

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Iraqi Civil Law: Its Sources, Substance, And Sundering, Dan E. Stigall Jan 2006

Iraqi Civil Law: Its Sources, Substance, And Sundering, Dan E. Stigall

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Global Issues In Property Law, John G. Sprankling, Raymond R. Coletta, M.C. Mirow Jan 2006

Global Issues In Property Law, John G. Sprankling, Raymond R. Coletta, M.C. Mirow

McGeorge School of Law Teaching Materials

This title is designed to introduce comparative law perspectives that help students understand domestic property law concepts, in areas including adverse possession, the right to exclude, estates in land, future interests, marital property, the landlord-tenant relationship, eviction of tenants, low-income housing, land sales transactions, title assurance, nuisance, and land use. It also introduces students to areas of international law that are beginning to affect domestic property law, including the human right to property, international regulatory takings, and global land sales transactions.


Strengthening Investor Confidence In Europe: U.S.-Style Securities Class Actions And The Acquis Communautaire, Stefano M. Grace Jan 2006

Strengthening Investor Confidence In Europe: U.S.-Style Securities Class Actions And The Acquis Communautaire, Stefano M. Grace

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Decentralized Proliferation Of International Judicial Bodies, Sang Wook Daniel Han Jan 2006

Decentralized Proliferation Of International Judicial Bodies, Sang Wook Daniel Han

Florida State University Journal of Transnational Law & Policy

No abstract provided.


A Collective Rights Society For The Digital Age, John Maloney Jan 2006

A Collective Rights Society For The Digital Age, John Maloney

Florida State University Journal of Transnational Law & Policy

No abstract provided.


The Western Response To 9/11, Philip Towle Jan 2006

The Western Response To 9/11, Philip Towle

ILSA Journal of International & Comparative Law

It was politically and strategically unwise for the Bush administration to use the term "war on terror" after 9/11.


Beyond Good Intentions: Can Hybrid Tribunals Work After Unilateral Intervention, John Dermody Jan 2006

Beyond Good Intentions: Can Hybrid Tribunals Work After Unilateral Intervention, John Dermody

UC Law SF International Law Review

The use of a hybrid tribunal - a tribunal comprised of both international and domestic elements - was advocated in the wake of the Iraq war and the capture of Saddam Hussein. The hybrid model is considered to offer significant advantages over purely international and purely domestic tribunals. Although hybrid tribunals have been used in Kosovo, East Timor, and Sierra Leone, the hybrid model has yet to be implemented after unilateral intervention. This note examines whether the hybrid model is feasible and whether the advantages of the hybrid model can be maintained in the wake of unilateral intervention.


What Do We Owe Each Other In The Global Economic Order?: Constructivist And Contractualist Accounts, John Linarelli Jan 2006

What Do We Owe Each Other In The Global Economic Order?: Constructivist And Contractualist Accounts, John Linarelli

Florida State University Journal of Transnational Law & Policy

No abstract provided.


The U.S. Constitution And International Law: Finding The Balance, Christopher Linde Jan 2006

The U.S. Constitution And International Law: Finding The Balance, Christopher Linde

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Transnational Shipments Of Nuclear Materials By Sea: Do Current Safeguards Provide Coastal States A Right To Deny Innocent Passage?, David B. Dixon Jan 2006

Transnational Shipments Of Nuclear Materials By Sea: Do Current Safeguards Provide Coastal States A Right To Deny Innocent Passage?, David B. Dixon

Florida State University Journal of Transnational Law & Policy

No abstract provided.


The Paradoxical Nature Of The Sarbanes-Oxley Act As It Relates To The Practitioner Representing A Multinational Corporation, Jason Thompson Jan 2006

The Paradoxical Nature Of The Sarbanes-Oxley Act As It Relates To The Practitioner Representing A Multinational Corporation, Jason Thompson

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Recent Developments, John Merritt Lockwood Jan 2006

Recent Developments, John Merritt Lockwood

Florida State University Journal of Transnational Law & Policy

No abstract provided.


Looking Over A Crowd And Picking Your Friends: Civil Rights And The Debate Over The Influence Of Foreign And International Human Rights Law On The Interpretation Of The U.S. Constitution, Stanley A. Halpin Jan 2006

Looking Over A Crowd And Picking Your Friends: Civil Rights And The Debate Over The Influence Of Foreign And International Human Rights Law On The Interpretation Of The U.S. Constitution, Stanley A. Halpin

UC Law SF International Law Review

Since the 1940s Civil Rights advocates have attempted, with little success, to use International Human Rights law to protect the rights of African Americans in the United States. However, in recent terms, the United States Supreme Court has seemingly opened the door, at least a crack, to some limited recognition of international human rights norms as a legitimate influence upon their interpretation of the Constitution. This article examines the efforts of Civil Rights Advocates to utilize human rights law and develops from this history four models of enforcement of human rights law in the United States. It details the Court's …


A Golden State Solution To The Israeli-Palestinian Water Conflict, Brandon Hollinder Jan 2006

A Golden State Solution To The Israeli-Palestinian Water Conflict, Brandon Hollinder

UC Law SF International Law Review

Israel and the Palestinian territories face a shortage of water resources that have created tensions at the center of the current political conflict between the two parties. Many of these resources are subject to dual control and authority as well as continuing degradation and overuse, all of which exacerbate the situation. This paper offers a solution to that problem: the adoption of a Water Board with authority over the combined region of Israel and the Palestinian territories. This Board would employ and enforce laws based upon current California Water Law with a few minor, yet critical, changes. This solution offers …


Recent Developments In The Debate Concerning The Use Of Foreign Law In Constitution Interpretation, Lisa Sofio Jan 2006

Recent Developments In The Debate Concerning The Use Of Foreign Law In Constitution Interpretation, Lisa Sofio

UC Law SF International Law Review

Comparative analysis, the interpretive technique of using foreign and international law to better understand the United States Constitution, may be a valuable tool for modern judges. Legislative proposals and statements made by various members of Congress reveal that Congress is opposed to the judiciary's use of comparative analysis and appears prepared to take drastic measures to prevent judges from looking to foreign law to answer difficult questions. This note explores the propriety and reasons for this response and explores whether comparative analysis has merit as an interpretive tool.