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Articles 391 - 420 of 910
Full-Text Articles in Comparative and Foreign Law
Application Of Consular Rights To Foreign Nationals: Standard For Reversal Of A Criminal Conviction, John Quigley
Application Of Consular Rights To Foreign Nationals: Standard For Reversal Of A Criminal Conviction, John Quigley
ILSA Journal of International & Comparative Law
In nineteenth century criminal procedure in the United States, extradition treaties impacted the treatment of a person surrendered by a foreign state.
Current Issues In Extraterritoriality: How Long Is The Long Arm Jurisdiction Of International Human Rights Bodies?, Christina M. Cerna
Current Issues In Extraterritoriality: How Long Is The Long Arm Jurisdiction Of International Human Rights Bodies?, Christina M. Cerna
ILSA Journal of International & Comparative Law
One line of cases involving extraterritoriality revolves around the issue of effective control over persons as a result of military occupation and also involves jurisdictional issues.
The Extraterritorial Application Of Antitrust Laws, Caterina Ventura
The Extraterritorial Application Of Antitrust Laws, Caterina Ventura
ILSA Journal of International & Comparative Law
Chief Justice Marshall articulated this fundamental canon of U.S. statutory construction, reflective of customary international law, in 1804 in Murray v. Schooner Charming Betsy, an admiralty case commonly referred to as the "Charming Betsy" case.
A Bill Of Rights For The European Union, Elizabeth F. Defeis
A Bill Of Rights For The European Union, Elizabeth F. Defeis
ILSA Journal of International & Comparative Law
The inclusion of the Charter of Fundamental Rights' in the Draft Treaty Establishing a Constitution for Europe 2 has a curious history that in some ways is similar to the history of the Bill of Rights of the United States Constitution.
U.S. Membership In Unclos: What Effects For The Marine Environment?, Howard S. Schiffman
U.S. Membership In Unclos: What Effects For The Marine Environment?, Howard S. Schiffman
ILSA Journal of International & Comparative Law
The issue of whether or not the U.S. should ratify the United Nations Convention on the Law of the Sea (UNCLOS or the Convention)' has been debated since the treaty was concluded in 1982.
The Lugano Case In The European Court Of Justice: Evolving European Union Competence In Private International Law, Ronald A. Brand
The Lugano Case In The European Court Of Justice: Evolving European Union Competence In Private International Law, Ronald A. Brand
ILSA Journal of International & Comparative Law
On October 19, 2004, the European Court of Justice held its first en banc hearing since the 2004 enlargement to twenty-five Member States.
The Applicability Of International Human Rights Law To The Coalition Provisional Authority (Cpa) And Foreign Military Presence In Iraq, Ralph Wilde
ILSA Journal of International & Comparative Law
When the prisoner abuse scandal in Abu Ghraib prison in Baghdad, Iraq, broke in the Spring of 2004, Lord Lester, a British Parliamentarian, submitted a written parliamentary question to the U.K. government asking the following: [W]hether the Coalition Provisional Authority or the Coalition Forces are required by law to respect the fundamental human rights of Iraqi people, as defined in the bill of rights contained in the transitional administrative law for Iraq or otherwise; and if not, what recourse is available to the people of Iraq for breaches of those rights by the Authority or the forces.
Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law
Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law
ILSA Journal of International & Comparative Law
Bilateral investment treaties typically require the host state to ensure "fair and equitable" treatment to the investors of the other state.
Narratives Of International Law And Literature After 9/11, Gary Minda
Narratives Of International Law And Literature After 9/11, Gary Minda
ILSA Journal of International & Comparative Law
What is the connection between international law and literature-the subject of this meeting?
The Evolution Of The European Legal System: The European Court Of Justice's Role In The Harmonization Of Laws, Yvonne N. Gierczyk
The Evolution Of The European Legal System: The European Court Of Justice's Role In The Harmonization Of Laws, Yvonne N. Gierczyk
ILSA Journal of International & Comparative Law
After the dust settled from World War II, Winston Churchill declared the need for Europe to integrate economically and politically.
Victims Of Peace: Current Abuse Allegations Against U.N. Peacekeepers And The Role Of Law In Preventing Them In The Future, Alexandra R. Harrington
Victims Of Peace: Current Abuse Allegations Against U.N. Peacekeepers And The Role Of Law In Preventing Them In The Future, Alexandra R. Harrington
ILSA Journal of International & Comparative Law
Peacekeepers, and peacekeeping, have had a special place in society since the time of the Bible,' and indeed have taken on a new, international dimension since the end of World War II and the creation of the United Nations (U.N.).
Closing The Gaps In United States Law And Implementing The Rome Statute: A Comparative Approach, Michael P. Hatchell
Closing The Gaps In United States Law And Implementing The Rome Statute: A Comparative Approach, Michael P. Hatchell
ILSA Journal of International & Comparative Law
This paper provides a comparative framework to analyze the extent to which five major democracies Canada, United Kingdom, Australia, Germany, and France-incorporated the subject matter jurisdiction Articles of the Rome Statute of the International Criminal Court ("Rome Statute") through their domestic legislative processes while ratifying the Rome Statute, and what, if anything, the United States can interpret from the five distinct approaches.
Representing Americans Employed Abroad: The Extraterritorial Application Of Federal And State Anti-Discrimination Laws, Robert B. Stulberg, Amy F. Shulman
Representing Americans Employed Abroad: The Extraterritorial Application Of Federal And State Anti-Discrimination Laws, Robert B. Stulberg, Amy F. Shulman
ILSA Journal of International & Comparative Law
More than two million American citizens work in civilian jobs outside of the United States.
Revisiting The Challenginf Landscape Of Self-Determination Within The Context Of Nation's Right To Sovereignty, Dr. Saby Ghoshray
Revisiting The Challenginf Landscape Of Self-Determination Within The Context Of Nation's Right To Sovereignty, Dr. Saby Ghoshray
ILSA Journal of International & Comparative Law
Academic perspectives on the issue of Self-Determination are in abundance as the International Standards with respect to the Rights of People and their Rights to Self-Determination have taken huge steps in the last two decades.
A Next Rwanda? A Next Iraq? Military Intervention In The 21st Century, Patrick J. Flood
A Next Rwanda? A Next Iraq? Military Intervention In The 21st Century, Patrick J. Flood
ILSA Journal of International & Comparative Law
This essay addresses the conditions under which reactive and pre-emptive military intervention are ethical, and whether adjustments can and should be made in international law and institutions to establish the parameters of their legality and to ensure that they are authorized by legitimate authority.
Fair Trade And Ethical Labeling In The Clothing, Textile, And Footwear Sector: The Case Of Blue Jeans, Onno Kuik
ILSA Journal of International & Comparative Law
Consumer labels are quite common in the clothing, textiles, and footwear industry.
Mediacion Obligatoria Desde El Punto De Vista Comparativo: Los Casos De Argentina Y Los Estados Unidos, Timothy K. Kuhner
Mediacion Obligatoria Desde El Punto De Vista Comparativo: Los Casos De Argentina Y Los Estados Unidos, Timothy K. Kuhner
ILSA Journal of International & Comparative Law
Este articulo presenta y compara datos colectados en Argentina y los Estados Unidos durante la experiencia inicial de cada pais con la mediaci6n obligada por ley.
El Modelo De Consejo De Administracion: Una Comparacion Del Fsc Y Msc, Javier Pons Rafols, Luke Brander
El Modelo De Consejo De Administracion: Una Comparacion Del Fsc Y Msc, Javier Pons Rafols, Luke Brander
ILSA Journal of International & Comparative Law
Este papel apunta para analizar "el Modelo de Consejo de Administraci6n" por una comparaci6n del Consejo de Administraci6n Forestal (FSC por sus siglas en ingles) y el Consejo de Administraci6n Maritimo (MSC por sus siglas en ingles).
Monumental Flaws And Dysfunctions: Some Suggestions For Mending The Broken Trade Adjustment Assistance Certification Process, Brad A. Brooks-Rubin
Monumental Flaws And Dysfunctions: Some Suggestions For Mending The Broken Trade Adjustment Assistance Certification Process, Brad A. Brooks-Rubin
ILSA Journal of International & Comparative Law
Good afternoon. Please accept my apologies if I suddenly tear out of here, or look nervously at my watch throughout the panel.
Competition Law And Professional Practice, Daniel Vazquez Albert
Competition Law And Professional Practice, Daniel Vazquez Albert
ILSA Journal of International & Comparative Law
Professional practice has traditionally distinguished itself for being subject to strong regulation, characterized by containing severe restrictions on competition between professionals.
Jus Ad Bellum: The Next Iraq, Ian Johnstone
Jus Ad Bellum: The Next Iraq, Ian Johnstone
ILSA Journal of International & Comparative Law
Our chairman said that the task of this panel is to discuss preemptive military intervention to combat either: the threatened use of force, for example, by terrorists armed with weapons of mass destruction; or outrageous human rights violations, like genocide.
The International Criminal Court And Human Rights Enforcement In Africa, Obasi Okafor-Obasi
The International Criminal Court And Human Rights Enforcement In Africa, Obasi Okafor-Obasi
ILSA Journal of International & Comparative Law
The inauguration of a permanent tribunal for the prosecution of serious crimes has raised anew the problem of enforcement of human rights in international law.
Demythologizing Restorative Justice: South Africa's Truth And Reconciliation Commission And Rwanda's Gacaca Courts In Context, Olivia Lin
ILSA Journal of International & Comparative Law
Since the Allied-overseen Nuremberg Trials in 1945, the legal measures pursued by nations negotiating political transition and responding to the human rights abuses of prior regimes ("transitional justice")' are subject to examination by the watchful eye of the international community and international standards.
Cultural Relativism In International War Crimes Prosecutions: The International Criminal Tribunal For Rwanda, Ida L. Bostian
Cultural Relativism In International War Crimes Prosecutions: The International Criminal Tribunal For Rwanda, Ida L. Bostian
ILSA Journal of International & Comparative Law
"While academic debates about the possibility of objective truth and falsehood are often rarified to the point of absurdity, Rwanda demonstrated that the question is a matter of life and death."'
The 2005 Philip C. Jessup International Lawmoot Court Competition. The Case Concerning The Vessel The Mairi Maru, Isla Journal Of International & Comparative Law
The 2005 Philip C. Jessup International Lawmoot Court Competition. The Case Concerning The Vessel The Mairi Maru, Isla Journal Of International & Comparative Law
ILSA Journal of International & Comparative Law
In April of 2001, an agreement was entered into between Appollonia (Applicant) and Maguffin (not party to this case) for the exportation of MOX, produced by an Appollonian State-owned power plant. Since then, Appollonia has exported MOX to Maguffin via shipments traveling through the waters of Raglan (Respondent), located halfway between Appollonia and Maguffin.
The 2005 Philip C. Jessup International Lawmoot Court Competition. The Case Concerning The Vessel The Mairi Maru, Isla Journal Of International & Comparative Law
The 2005 Philip C. Jessup International Lawmoot Court Competition. The Case Concerning The Vessel The Mairi Maru, Isla Journal Of International & Comparative Law
ILSA Journal of International & Comparative Law
The Republic of Appollonia and the Kingdom of Raglan submit their differences concerning The Mairi Maru to this Court by Special Agreement, dated May 15, 2004, pursuant to Article 40(1) of the Court's Statute.
Sosa V. Alvarez-Machain: Extraterritorial Abduction And The Rights Of Individuals Under International Law, Jeffrey Loan
Sosa V. Alvarez-Machain: Extraterritorial Abduction And The Rights Of Individuals Under International Law, Jeffrey Loan
ILSA Journal of International & Comparative Law
Although the growth of extradition treaties has assisted in the prosecution of suspects who are not present in the state seeking their prosecution, there will always be situations where extradition is not available or plausible.
Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law
Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law
ILSA Journal of International & Comparative Law
Globalization has changed the way global society addresses common and global problems. While there is much talk about aiming at sustainable development, there are no real clear definitions of sustainable development and the term remains susceptible to much misuse.
Global Responses To Terrorism And National Insecurity: Ensuring Security, Development And Human Rights, C. Raj Kumar
Global Responses To Terrorism And National Insecurity: Ensuring Security, Development And Human Rights, C. Raj Kumar
ILSA Journal of International & Comparative Law
The terrorist attacks in London 2 and Egypt' and other parts of the world have once again reinforced the attention of the international community on the problem of "terrorism."
Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law
Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law
ILSA Journal of International & Comparative Law
"While academic debates about the possibility of objective truth and falsehood are often rarified to the point of absurdity, Rwanda demonstrated that the question is a matter of life and death."'