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Articles 3541 - 3570 of 5724

Full-Text Articles in Comparative and Foreign Law

Misconceptions, Miscalculations, And Mistakes: P2p, China, And Copyright, Tao Leung Jan 2006

Misconceptions, Miscalculations, And Mistakes: P2p, China, And Copyright, Tao Leung

UC Law SF International Law Review

The entertainment industry initially treated the advent of peer-to-peer ("P2P") technologies as a death-knell for copyright protections and attempted to fix the perceived problem with solutions that were misguided, litigious, ineffective, and costly. By viewing P2P technology as a threat, the industry failed to capitalize on a new technology that might have provided limitless opportunity. Moreover, the recording industry's narrow-minded attempt to curtail illegal file sharing mirrored the U.S. government's attempt to enforce intellectual property protection in China. Both the entertainment industry and the United States failed to understand the economic, social, and cultural realities in the areas in which …


The Ada's Application To Foreign-Flagged Cruise Ships: The Supreme Court's Precedent In Spector V. Norwegian Cruise Line Transcends The United States' Borders, Jaclyn Sheehan Jan 2006

The Ada's Application To Foreign-Flagged Cruise Ships: The Supreme Court's Precedent In Spector V. Norwegian Cruise Line Transcends The United States' Borders, Jaclyn Sheehan

ILSA Journal of International & Comparative Law

Last year 10.6 million people flipped through the brochures of cruise line vacations' while dreaming of navigating the Caribbean aboard a luxury cruise ship and enjoying the white sandy beaches of exotic islands.


The Nuclear Terrorism Convention: Will Detainees Be Classified As "Enemy Combatants" By The United States?, Heather R. Demner Jan 2006

The Nuclear Terrorism Convention: Will Detainees Be Classified As "Enemy Combatants" By The United States?, Heather R. Demner

ILSA Journal of International & Comparative Law

As images of recent bombings in subways and buses in London on July 7, 2005 make their way across newspapers and news stations internationally, the international community relives the atrocious images of the attacks on New York's World Trade Center and is reminded that the threat of terrorism has not vanished


The United Nation's Approach To Trade, The Environment And Sustainable Development, Shawkat Alam Jan 2006

The United Nation's Approach To Trade, The Environment And Sustainable Development, Shawkat Alam

ILSA Journal of International & Comparative Law

The complex and transboundary nature of current environmental problems has turned them into global issues that intricately link ecology, economics and politics.


International Law And The Humanities: Does Love Of Literature Promotw International Law?, Daniel J. Kornstein Jan 2006

International Law And The Humanities: Does Love Of Literature Promotw International Law?, Daniel J. Kornstein

ILSA Journal of International & Comparative Law

Re-examining a basic assumption is always useful. This is so because many serious errors can flow from an assumption uncritically accepted.


The 2005 Hague Convention On Choice Of Court Clauses, Andrea Schulz Jan 2006

The 2005 Hague Convention On Choice Of Court Clauses, Andrea Schulz

ILSA Journal of International & Comparative Law

On June 30, 2005, the Twentieth Session of the Hague Conference on Private International Law unanimously adopted a new Convention on Choice of Court Agreements.


"War" In The American Legal System, Detlev F. Vagts Jan 2006

"War" In The American Legal System, Detlev F. Vagts

ILSA Journal of International & Comparative Law

My role in this symposium is to analyze the concept of "war" as it has evolved in the American legal system.


On The Uneasy Relation Between International Law And Democracy, Carol C. Gould Jan 2006

On The Uneasy Relation Between International Law And Democracy, Carol C. Gould

ILSA Journal of International & Comparative Law

The question we are asked to address is as follows: "Is international law a threat to democracy?" As a political philosopher, my inclination is to suggest that the answer requires clarifying at the outset the sense in which we are using each of the main terms here.


Connecticut And International Law, Houston Putnam Lowry Jan 2006

Connecticut And International Law, Houston Putnam Lowry

ILSA Journal of International & Comparative Law

Most states within the United States do not consider international law in their legislative process.


Compliance Assessment And Compliance Enforcement: The Challenge Of Nuclear Noncompliance, Dr. Christopher A. Ford Jan 2006

Compliance Assessment And Compliance Enforcement: The Challenge Of Nuclear Noncompliance, Dr. Christopher A. Ford

ILSA Journal of International & Comparative Law

Good morning. The question posed for this panel, about the relationship between weapons of mass destruction (hereinafter "WMD") related noncompliance findings and what you have tactfully described as exceptional actions by states acting together or acting unilaterally, is a provocative and important one.


International Law Weekend Panel On Litigating The Holocaust In U.S. Courts, Monica Dugot Esq. Jan 2006

International Law Weekend Panel On Litigating The Holocaust In U.S. Courts, Monica Dugot Esq.

ILSA Journal of International & Comparative Law

I joined Christie's a little over a year ago as Director of Restitution, coordinating Christie's restitution issues globally.


La Applicacion Del Ada A Naves De Crucero Bajo Bandera Extranjera: El Precedente Del Tribunal Supremo Estadounidense En Spector V. Norwegian Cruise Line Traspasa Las Fronteras De Los Estados Unidos, Jaclyn Sheehan Jan 2006

La Applicacion Del Ada A Naves De Crucero Bajo Bandera Extranjera: El Precedente Del Tribunal Supremo Estadounidense En Spector V. Norwegian Cruise Line Traspasa Las Fronteras De Los Estados Unidos, Jaclyn Sheehan

ILSA Journal of International & Comparative Law

El afio pasado 10.6 millones de personas hojearon los folletos de vacaciones de lineas de crucero' sofiando con navegar el caribe abordo de un crucero de lujo y disfrutar las playas de arena blanca en islas ex6ticas. Estos folletos de las lineas de crucero no s6lo tiran el anzuelo mostrando lugares ex6ticos, sino tambi6n una variedad de actividades ofrecidas a bordo de la nave.


After The Hague: Some Thoughts On The Impact On Canadian Law Of The Convention On Choice Of Court Agreements, H. Scott Fairley, John Archibald Jan 2006

After The Hague: Some Thoughts On The Impact On Canadian Law Of The Convention On Choice Of Court Agreements, H. Scott Fairley, John Archibald

ILSA Journal of International & Comparative Law

The Hague Convention on Choice of Court Agreements (HCCCA), signed by member states of the Hague Conference on Private International Law in June 2005, is an important step in harmonizing national conflicts of law rules that sometime strain to manage the burgeoning traffic in transnational litigation generated by global commerce.


El Enfoque De Las Naciones Unidas Sobre El Comercio, El Medio Ambiente Y Desarrollo Sosteniblent, Shawkat Alam Jan 2006

El Enfoque De Las Naciones Unidas Sobre El Comercio, El Medio Ambiente Y Desarrollo Sosteniblent, Shawkat Alam

ILSA Journal of International & Comparative Law

La complejidad de los problemas actuales medioambientales han crecido tanto que han traspasado fronteras y se han convertido en una mezcla intricada de ecologia, economia y politica.


What Is War? Terrorism As War After 9/11, Jane Gilliland Dalton Jan 2006

What Is War? Terrorism As War After 9/11, Jane Gilliland Dalton

ILSA Journal of International & Comparative Law

This paper addresses the topic of terrorism as war after September 11 th, 2001.


Application Of Human Rights Treaties Extraterritorially To Detention Of Combatants And Security Internees: Fuzzy Thinking All Around?, Michael J. Dennis Jan 2006

Application Of Human Rights Treaties Extraterritorially To Detention Of Combatants And Security Internees: Fuzzy Thinking All Around?, Michael J. Dennis

ILSA Journal of International & Comparative Law

The issue before our panel today is a subpart of a larger question: Are obligations assumed by states under international human rights treaties applicable extraterritorially during periods of armed conflict and military occupation?


When Is A War Not A War? The Myth Of The Global War On Terror, Mary Ellen O'Connell Jan 2006

When Is A War Not A War? The Myth Of The Global War On Terror, Mary Ellen O'Connell

ILSA Journal of International & Comparative Law

The starting point of human rights law is the right of the individual, including the right not to be arbitrarily killed. The international law of armed conflict, which is very much older in its origins than human rights law, starts from totally different premises. The soldier has the right to kill another soldier


The Importance Of Customary International Law During Armed Conflict, Jordan J. Paust Jan 2006

The Importance Of Customary International Law During Armed Conflict, Jordan J. Paust

ILSA Journal of International & Comparative Law

Customary international law is universal in its reach.


Is International Law A Threat To Democracy: Framing The Question, Andrew Strauss Jan 2006

Is International Law A Threat To Democracy: Framing The Question, Andrew Strauss

ILSA Journal of International & Comparative Law

I'm Andrew Strauss and welcome to our panel: "Is International Law a Threat to Democracy?" We are lucky this afternoon to have with us a very esteemed and ideologically diverse panel.


Hate Speech Under The American Convention On Human Rights, Eduardo Bertoni Jan 2006

Hate Speech Under The American Convention On Human Rights, Eduardo Bertoni

ILSA Journal of International & Comparative Law

Good morning and thank you for inviting me to participate in this conference. Today I would like to address a very important and novel topic in the Americas-the issue of hate speech.


The Role Of International Arbitrators, Susan D. Franck Jan 2006

The Role Of International Arbitrators, Susan D. Franck

ILSA Journal of International & Comparative Law

With the advent of the global economy, arbitration has become the preferred mechanism for resolving international disputes. Today international arbitrators resolve billions of dollars worth of disputes.


Redefining Imminence: The Use Of Force Against Threats And Armed Attacks In The Twenty-First Century, Dominika Svarc Jan 2006

Redefining Imminence: The Use Of Force Against Threats And Armed Attacks In The Twenty-First Century, Dominika Svarc

ILSA Journal of International & Comparative Law

Contemporary global security threats pose a serious challenge to the existing international legal regime on the use of force.


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

Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

I joined Christie's a little over a year ago as Director of Restitution, coordinating Christie's restitution issues globally.


The French "Headscarves Ban": Intolerance Or Necessity?, 40 J. Marshall L. Rev. 235 (2006), Reuven (Ruvi) Ziegler Jan 2006

The French "Headscarves Ban": Intolerance Or Necessity?, 40 J. Marshall L. Rev. 235 (2006), Reuven (Ruvi) Ziegler

UIC Law Review

No abstract provided.


Second Chance For Justice: Reevaluation Of The United States Double Jeopardy Standard, 40 J. Marshall L. Rev. 371 (2006), Andrea Koklys Jan 2006

Second Chance For Justice: Reevaluation Of The United States Double Jeopardy Standard, 40 J. Marshall L. Rev. 371 (2006), Andrea Koklys

UIC Law Review

No abstract provided.


Islamic Principles Governing International Trade Financing Instruments: A Study Of The Morabaha In English Law, Jason C. T. Chuah Jan 2006

Islamic Principles Governing International Trade Financing Instruments: A Study Of The Morabaha In English Law, Jason C. T. Chuah

Northwestern Journal of International Law & Business

The past years have seen a clear and incontrovertible rise in the use of international financial and commercial instruments expressed to be governed by Islamic principles. Banks and other commercial entities in Islamic and non-Islamic countries are increasingly aware of the commercial need to offer services which are specifically tailored to meet this sector of the international market. Disputes over the interpretation and application of such instruments invariably arise. English courts are not insulated from such disputes, given that the City of London is at the forefront of many international commercial and financial dealings. As a matter of law, the …


Headscarf Stories, Ian Ward Jan 2006

Headscarf Stories, Ian Ward

UC Law SF International Law Review

The seemingly intractable issue of headscarves - when they can be worn, and when they cannot - is currently contested in much of Europe. The apparent intractability is a common experience. The purpose of this article is to present three headscarf 'stories,' and in so doing, stress the narrative nature of this intensely moral and political, as well as legal, controversy. Narrativity, it will be suggested, offers a far more effective means of approaching this kind of issue and its inevitable indeterminacies than the simple recourse to blunt legal instrumentation. While the law must, it seems, play a role in …


Majority And Dissent In Intel: Approaches To Limiting International Judicial Assistance, E. Morgan Boeing Jan 2006

Majority And Dissent In Intel: Approaches To Limiting International Judicial Assistance, E. Morgan Boeing

UC Law SF International Law Review

No abstract provided.


International Criminal Law: Towards New Solutions In The Fight Against Illegal Arms Brokers, Katharine Orlovsky Jan 2006

International Criminal Law: Towards New Solutions In The Fight Against Illegal Arms Brokers, Katharine Orlovsky

UC Law SF International Law Review

In many recent and ongoing civil and international armed conflicts, arms brokers have violated United Nations embargos to deliver arms to known human rights violators in conflict zones. This illegal arms traffic significantly contributes to the commission of atrocities. However, arms brokers, who are uniquely difficult to both regulate and prosecute, continue to enjoy broad impunity under existing international and domestic law. International criminal law has developed legal theories and institutions to address impunity in situations of mass conflict. This note examines the feasibility of prosecuting arms brokers under international criminal law, and whether this growing area of law may …


Mara’Abe V. Prime Minister Of Israel, Geoffrey R. Watson Jan 2006

Mara’Abe V. Prime Minister Of Israel, Geoffrey R. Watson

Scholarly Articles

No abstract provided.