Open Access. Powered by Scholars. Published by Universities.®

Comparative and Foreign Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

Articles 331 - 360 of 908

Full-Text Articles in Comparative and Foreign Law

Teaching Or Get Off The Lectern: Impediments To Improving International Law Teaching, John Gamble Jan 2007

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 Jan 2007

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 Jan 2007

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.


Remarks On Customary International Law And The Use Of Force Against Terrorists And Rogue State Collaborators, Vincent J. Vitkowsky Jan 2007

Remarks On Customary International Law And The Use Of Force Against Terrorists And Rogue State Collaborators, Vincent J. Vitkowsky

ILSA Journal of International & Comparative Law

SYNoPsiS: State practice and patterns of cooperation over the last forty-five years have led to the development of rules of customary international law governing the use of force, in anticipatory self-defense, against terrorists and rogue state collaborators.


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 Importance Of Defining "War": Terrorism, Torture, Humanitarian Intervention And Private Military Companies, Joseph Runzo, Ph.D. Jan 2006

The Importance Of Defining "War": Terrorism, Torture, Humanitarian Intervention And Private Military Companies, Joseph Runzo, Ph.D.

ILSA Journal of International & Comparative Law

As the immediate aftermath of 9-11 illustrated, war-and the threat of war-brings people in a society closer together as they look for security


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.


Diminishing Borders In Trade And Terrorism: An Examination Of Regional Apllicability Of Gatt Article Xxi National Security Trade Sanctions, Eric J. Lobsinger Jan 2006

Diminishing Borders In Trade And Terrorism: An Examination Of Regional Apllicability Of Gatt Article Xxi National Security Trade Sanctions, Eric J. Lobsinger

ILSA Journal of International & Comparative Law

The concept of "war" has undergone extensive usage in U.S. foreign policy since the terrorist attacks of September 11,2001.


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 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.


The "Fog Of War" On Terrorism: U.S. Policy, Deception, And The Continuing Slide Into The "Clash Of Civilizations", Dennis J.D. Sandole Jan 2006

The "Fog Of War" On Terrorism: U.S. Policy, Deception, And The Continuing Slide Into The "Clash Of Civilizations", Dennis J.D. Sandole

ILSA Journal of International & Comparative Law

This article deals with the "new" terrorism, responses to it by the Bush administration, the impact of those policies on domestic and global security, and concludes with some brief recommendations for alternative approaches to national and global security.


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.