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Articles 3811 - 3840 of 5724

Full-Text Articles in Comparative and Foreign Law

Iraq And The 800-Pound Gorilla Revisited: Good And Bad Faith, And Humanitarian Intervention, Davis Brown Jan 2004

Iraq And The 800-Pound Gorilla Revisited: Good And Bad Faith, And Humanitarian Intervention, Davis Brown

UC Law SF International Law Review

One of the leading justifications for the 2003 U.S.-led invasion of Iraq and removal of the Ba'ath Party from power was that Iraq had developed chemical and biological weapons, and was rapidly developing nuclear capability. The author's previous article, "Enforcing Arms Control Agreements by Military Force: Iraq and the 800-Pound Gorilla," argued that the invasion was lawful, even without Security Council authorization, by taking a new, injury-remedy approach to war theory. With no weapons of mass destruction yet found in Iraq, new justifications must be found to legitimate the invasion. The author revisits the injury-remedy approach, incorporating good and bad …

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Establishing The Truth On Facts: Has The Chinese Civil Process Achieved This Goal?, Zhong Jianhua, Yu Guanghua Jan 2004

Establishing The Truth On Facts: Has The Chinese Civil Process Achieved This Goal?, Zhong Jianhua, Yu Guanghua

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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It Don't Come Eez: The Failure And Future Of Coastal State Fisheries Management, Donna R. Christie Jan 2004

It Don't Come Eez: The Failure And Future Of Coastal State Fisheries Management, Donna R. Christie

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Strategic Myopia: The United States, Cruise Missiles, And The Missile Technology Control Regime, Michael Dutra Jan 2004

Strategic Myopia: The United States, Cruise Missiles, And The Missile Technology Control Regime, Michael Dutra

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Outsourcing Refugee Protection Responsibilities: The Second Life Of An Unconscionable Idea, Ronald C. Smith Jan 2004

Outsourcing Refugee Protection Responsibilities: The Second Life Of An Unconscionable Idea, Ronald C. Smith

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Year In Review: The International Environment Community Celebrates A Series Of Successes But Laments The One That Got Away, Ronald C. Smith, Tikkun A. S. Gottschalk, Jeff Timmerman, Jennifer Ringsmuth Jan 2004

Year In Review: The International Environment Community Celebrates A Series Of Successes But Laments The One That Got Away, Ronald C. Smith, Tikkun A. S. Gottschalk, Jeff Timmerman, Jennifer Ringsmuth

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Book Review: Assessing The Cec's Impact On Nafta, Robert C. Hale Jan 2004

Book Review: Assessing The Cec's Impact On Nafta, Robert C. Hale

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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The Conflict Between Facilitating International Trade And Protecting U.S. Agriculture From Invasive Species: Aphis, The U.S. Plant Protection Laws, And The Argentine Citrus Dispute, Terence P. Stewart, Caryn B. Schenewerk Jan 2004

The Conflict Between Facilitating International Trade And Protecting U.S. Agriculture From Invasive Species: Aphis, The U.S. Plant Protection Laws, And The Argentine Citrus Dispute, Terence P. Stewart, Caryn B. Schenewerk

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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State Regulation Of Cruise Ship Pollution: Alaska's Commercial Passenger Vessel Compliance Program As A Model For Florida, Stephen Thomas Jr. Jan 2004

State Regulation Of Cruise Ship Pollution: Alaska's Commercial Passenger Vessel Compliance Program As A Model For Florida, Stephen Thomas Jr.

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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"Strangers In A Strange Land" -- Transnational Litigation, Foreign Judgment Recognition, And Enforcement In Ontario, Antonin I. Pribetic Jan 2004

"Strangers In A Strange Land" -- Transnational Litigation, Foreign Judgment Recognition, And Enforcement In Ontario, Antonin I. Pribetic

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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The Dam Controversy: Does The Endangered Species Act Apply Internationally To Protect Foreign Species Harmed By Dams On The Colorado River?, Bridget Kellogg Jan 2004

The Dam Controversy: Does The Endangered Species Act Apply Internationally To Protect Foreign Species Harmed By Dams On The Colorado River?, Bridget Kellogg

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Abstracts Jan 2004

Abstracts

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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The Rise And Fall Of The U.N. Charter's Use Of Force Rules, Michael J. Glennon Jan 2004

The Rise And Fall Of The U.N. Charter's Use Of Force Rules, Michael J. Glennon

UC Law SF International Law Review

American policy makers and international lawyers sit in a parallel universe. Policy makers determine whether to use force in any given situation by examining the costs and benefits. International lawyers engage in legal analysis, which rarely plays a role in the policy makers' decisions. This paper examines three different elements of American foreign policy: (1) the American foreign policy objectives, (2) the means by which those objectives are pursued, and (3) the way in which the United States should deal with a world in which the U.N. collective security system has collapsed.

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The European Free Trade Association Court And Positive Action, Thomas Trelogan, Steve Mazurana, Paul Hodapp Jan 2004

The European Free Trade Association Court And Positive Action, Thomas Trelogan, Steve Mazurana, Paul Hodapp

UC Law SF International Law Review

"Affirmative Action" in the United States, "Positive Action" in Europe. Although Europeans and Americans have both enacted laws to prevent discrimination based on gender, the differences have been in more than just name. In this introduction to "positive action" law, the authors provide an overview of the European Court of Justice, the European Free Trade Association Court, and how disputes over positive action are resolved in Europe. The authors then conclude with a discussion of a representative positive action case.

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Can't We Enlarge The Blanket And The Bed - A Comparative Analysis Of Positive/Affirmative Action In The European Court Of Justice And The United States Supreme Court, Thomas Trelogan, Steve Mazurana, Paul Hodapp Jan 2004

Can't We Enlarge The Blanket And The Bed - A Comparative Analysis Of Positive/Affirmative Action In The European Court Of Justice And The United States Supreme Court, Thomas Trelogan, Steve Mazurana, Paul Hodapp

UC Law SF International Law Review

In a time when race-based affirmative action is the focal discrimination issue in the United States, the subject of gender equality runs the risk of stagnation. The authors return the attention to sex-based affirmative action by examining the arguments for and against European positive action plans, and several of the resulting European Court of Justice cases. The authors conclude with a comparison to similar gender-based discrimination laws in the United States, and a discussion of the similarities and differences of the two systems.

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De Facto Abandonment Of Territoriality: Protection Of (Not-So-) Well-Known Foreign Trademarks In Japan And The United States, Ryota Charles Goto Jan 2004

De Facto Abandonment Of Territoriality: Protection Of (Not-So-) Well-Known Foreign Trademarks In Japan And The United States, Ryota Charles Goto

UC Law SF International Law Review

In an ever-more interconnected world, it becomes increasingly important for a business to protect its trademark on a global scale. Japanese Trademark law Article 4(1)(xix), combined with other provisions, has proven to be generally effective in defending the rights of foreign trademark owners. On the other hand, U.S. law regarding the protection of foreign trademarks has remained surprisingly and disappointingly static. The author proposes that Person's v. Christman be overruled and that a provision identical or similar to Japanese Trademark Law Article 4(1)(xix) be adopted.

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Descent Into Authoritarianism: Barriers To Constitutional Rule In Belarus, Eric R. Reed Jan 2004

Descent Into Authoritarianism: Barriers To Constitutional Rule In Belarus, Eric R. Reed

UC Law SF International Law Review

The switch from authoritarianism to constitutional democracy has found varying levels of success in the former Soviet republics. Belarus, under President and former collective farm manager Alexander Lukashenka, has reverted from a promising democracy back to an authoritarian regime. This note begins with the historical underpinnings of Belarus' democratic collapse, and then examines the political, social, and judicial factors that contributed. The author concludes with a discussion of how Belarus might regain its democratic footing.

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A Toothless Tiger: President Uribe's Proposed Amnesty Bill, Sarah R. Sandford-Smith Jan 2004

A Toothless Tiger: President Uribe's Proposed Amnesty Bill, Sarah R. Sandford-Smith

UC Law SF International Law Review

On August 21, 2003, Colombian President Alvaro Uribe presented a bill that would permit certain paramilitary and guerilla leaders to avoid prison for gross human rights violations. These individuals would merely have to pay a fee - as reparations to the victims and their families. This note begins by discussing the history behind the bill, and then looks at two possible alternatives: a United Nations truth commission and jurisdiction by the International Criminal Court. The author concludes by suggesting that a truth commission would be the best solution.

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Re-Characterizing Abortion In Nigeria: An Appraisal Of The Necessity Test, Victor Nnamdi Opara Jan 2004

Re-Characterizing Abortion In Nigeria: An Appraisal Of The Necessity Test, Victor Nnamdi Opara

ILSA Journal of International & Comparative Law

The Nigerian criminal jurisprudence prohibits abortion in all instances except when necessary to save the life of a woman.

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Litigating Humanrights Abuses In United States Courts: Recent Developments, Elizabeth F. Defeis Jan 2004

Litigating Humanrights Abuses In United States Courts: Recent Developments, Elizabeth F. Defeis

ILSA Journal of International & Comparative Law

During the last quarter of a century, litigation in United States courts to address human rights abuses that occur beyond the shores of the United States has increased dramatically.

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American And Caribben Law Initiative 2004 Summer Conference Overview, Jane E. Cross Jan 2004

American And Caribben Law Initiative 2004 Summer Conference Overview, Jane E. Cross

ILSA Journal of International & Comparative Law

In Ocho Rios, on July 23-24, 2004, the American and Caribbean Law Initiative ("ACLI")' held a conference entitled "Caribbean Market Forces: Emerging Trends in International and Comparative Law."

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Resolving Indigenous Claims To Self-Determination, Lorie M. Graham Jan 2004

Resolving Indigenous Claims To Self-Determination, Lorie M. Graham

ILSA Journal of International & Comparative Law

The right of self-determination is vitally important to indigenous peoples. Self-determination is closely linked to cultural survival, economic development, and the realization of other basic human rights.

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The Kingdom Of Arkam, Anneliese Fleckenstein, David Rodrigues, Ricardo Chirinos, Carolos Bacalao, Federica Paddeul Jan 2004

The Kingdom Of Arkam, Anneliese Fleckenstein, David Rodrigues, Ricardo Chirinos, Carolos Bacalao, Federica Paddeul

ILSA Journal of International & Comparative Law

The Kingdom of Arkam and the State of Randolfia have submitted, by Special Agreement, their differences concerning the Rome Statute, and transmitted a copy thereof to the Registrar of the Court pursuant to Article 40(1) of the Statute.

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The Kingdom Of Arkam, Caitlin Elizabeth Goss, Michael Colin Hogan, Marion Alice Isobel, Annaliese Jackson, Tamerlan Van Alphen Jan 2004

The Kingdom Of Arkam, Caitlin Elizabeth Goss, Michael Colin Hogan, Marion Alice Isobel, Annaliese Jackson, Tamerlan Van Alphen

ILSA Journal of International & Comparative Law

The Kingdom of Arkam and the State of Randolfia have agreed to submit their dispute to the International Court of Justice.

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Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law Jan 2004

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

ILSA Journal of International & Comparative Law

In Ocho Rios, on July 23-24, 2004, the American and Caribbean Law Initiative ("ACLI")' held a conference entitled "Caribbean Market Forces: Emerging Trends in International and Comparative Law."

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Ngo Participation In Human Rights Law And Process: Latest Developments In The Effort To Develop An International Treaty On The Rights Of People With Disabilities, Janet E. Lord Jan 2004

Ngo Participation In Human Rights Law And Process: Latest Developments In The Effort To Develop An International Treaty On The Rights Of People With Disabilities, Janet E. Lord

ILSA Journal of International & Comparative Law

The human rights of people with disabilities traditionally have been ignored in mainstream international human rights theory and practice and in the work of international institutions.

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Protocol To Prevent, Suppress And Punish Trafficking In Persons-A New Approach, Elizabeth F. Defeis Jan 2004

Protocol To Prevent, Suppress And Punish Trafficking In Persons-A New Approach, Elizabeth F. Defeis

ILSA Journal of International & Comparative Law

Trafficking in persons, the illegal and highly profitable recruitment, transport, or sale of human beings into all forms of forced labor and servitude is a tragic and complex human rights abuse.

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Facing The Challenge: Corruption State Capture And The Role Of Multinational Business, 37 J. Marshall L. Rev. 1181 (2004), Nikolay A. Ouzounov Jan 2004

Facing The Challenge: Corruption State Capture And The Role Of Multinational Business, 37 J. Marshall L. Rev. 1181 (2004), Nikolay A. Ouzounov

UIC Law Review

No abstract provided.

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The Past Is Another Country: Against The Retroactive Applicability Of The Foreign Immunities Act To Pre-1952 Conduct, 37 J. Marshall L. Rev. 1337 (2004), Andrzej R. Niekrasz Jan 2004

The Past Is Another Country: Against The Retroactive Applicability Of The Foreign Immunities Act To Pre-1952 Conduct, 37 J. Marshall L. Rev. 1337 (2004), Andrzej R. Niekrasz

UIC Law Review

No abstract provided.

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Global Antitrust Enforcement: The Sherman Act Does Not Apply Without Any Direct Domestic Effect, But Discovery Assistance May Be Available To Aid A Foreign Tribunal, According To The U.S. Supreme Court, 38 J. Marshall L. Rev. 495 (2004), Sue Ann Mota Jan 2004

Global Antitrust Enforcement: The Sherman Act Does Not Apply Without Any Direct Domestic Effect, But Discovery Assistance May Be Available To Aid A Foreign Tribunal, According To The U.S. Supreme Court, 38 J. Marshall L. Rev. 495 (2004), Sue Ann Mota

UIC Law Review

No abstract provided.

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