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Ilsa Journal Of International & Comparative Law, Ilsa Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

In 1969, Congress passed the National Environmental Policy Act (NEPA)' with the objective of causing governmental agencies to consider environmental impact in their decision-making. Questions arose early regarding who had standing to initiate judicial review under the Act, and what the proper scope was for consideration of environmental effects of agency actions.

The World Bank And Human Rights: Indispensable Partnership Or Mismatched Alliance?, Halim Moris

ILSA Journal of International & Comparative Law

The recent escalation of human rights abuses around the world has led many to question the effectiveness of the current methods used to enforce and/or monitor human rights around the globe.

Russian Minorities In The Newly Independent States, John Quigley

ILSA Journal of International & Comparative Law

One of the legal issues left by recent territorial change in Eastern Europe is the status of persons of a former majority group who become a minority. This issue has presented particular difficulties where, the remaining population is of an ethnic group that formerly held a predominant role vis-d-vis an ethnic group that, as a result of the territorial change, has become a majority.

An Introduction To The Developing Jurisprudence Of The Rights Of The Child, Cynthia Price Cohen

ILSA Journal of International & Comparative Law

The Convention on the Rights of the Child was adopted by the United Nations General Assembly on November 20, 1989.' At the time of the International Law Association's 1996 International Law Weekend, 187 countries had ratified the Convention.

A Fronte Praecipitium A Tergo Lupi:' Towards An Assessment Of The Trial Of Dusko Tadic Before The Icty, Raymond M. Brown

ILSA Journal of International & Comparative Law

The voyage towards an evaluation of the first international war crimes trial in fifty years is perilous

Indirect Incorporation Of Human Rights Treaty Provisions In Criminal Cases In United States Courts, Mark Andrew Sherman

ILSA Journal of International & Comparative Law

The Treaties

The recent ratification by the United States of the International Covenant on Civil and Political Rights (ICCPR)' and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Torture Convention)2 raise important possibilities for the rights of criminal defendants in United States courts

A Human Rights Agenda For The Next Administration, Gare A. Smith

ILSA Journal of International & Comparative Law

I would like to thank the American branch of the International Law Association for inviting me here today. It's a pleasure to join such a distinguished group of business people, scholars, and community leaders.

To The Suburbs Of Baghdad: Clinton's Extension Of The Southern Iraqi No-Fly Zone, Alain E. Boileau

ILSA Journal of International & Comparative Law

In the early morning hours of September 3, 1996, the United States conducted military strikes against an old foe., Once again United States guns were discharging upon the nation of Iraq and its obstinate leader, Saddam Hussein.

Universality Of Human Rights And Thedeath Penalty-The Approach Of The Human Rights Committee, Markus G. Schmidt

ILSA Journal of International & Comparative Law

The application of the death penalty has occupied a number of United Nations human rights treaty bodies, and in particular the Human Rights Committee established under article 28 of the International Covenant on Civil and Political Rights (hereinafter referred to as ICCPR).

State Collaboration In United States Ratification Of Human Rights Treaties, James A. R. Nafziger

ILSA Journal of International & Comparative Law

The process in the United States of negotiating and ratifying human rights treaties seldom engages the states, either individually or collectively.

The Likely Legacies Of Tadic, Jose E. Alvarez

ILSA Journal of International & Comparative Law

How will historians and others judge the Balkan war crimes tribunal? In my brief time, I would like to indicate how the prosecution of Tadic, the first case before that tribunal, has raised some doubts about that body's legitimacy and likely legacy.

What Price Peace: From Nuremberg To Bosnia To The Nobel Peace Prize, Malvina Halberstam

ILSA Journal of International & Comparative Law

In the fifty years that have elapsed since the Nuremberg Trials, we have made tremendous progress in the development of human rights.

Low-Intensity Conflict And The Law, L. C. Green

ILSA Journal of International & Comparative Law

The term low-intensity conflict is relatively new in military and political language and is employed more or less synonymously with noninternational conflict, especially when such a conflict becomes of international concern.

Asil International Law Weekend: Panel On Internal Conflicts, Michael J. Matheson

ILSA Journal of International & Comparative Law

As John Crook has pointed out, most of the armed conflicts of recent years have been internal rather than international, and most of the suffering of the civilian population has occurred in these internal conflicts

Who's Afraid Of The Croc: Objections To The Convention On The Rights Of The Child, Alison Dundes Rentein

ILSA Journal of International & Comparative Law

The painfully slow process of securing the United States ratification of human rights treaties is a well established part of American history.

The Role Of N.G.O.S In U.S. Ratification Of Human Rights Treaties, Jeffery Huffines

ILSA Journal of International & Comparative Law

The United States has been ambivalent in its attitude toward the United Nations and toward human rights in particular. On the one hand United States legal experts have been instrumental in helping to craft the United Nations Covenants and Conventions.

The New Dynamics Of Self-Determination, Valerie Epps

ILSA Journal of International & Comparative Law

The term self-determination still teeters on the borders of evolving legal precept, expression of political will, and universal human aspiration. The concept never quite settles down into a black letter law pronouncement or a clearly understood political dynamic.

Universality Of Human Rights: The Case Of The Death Penalty, Christina M. Cerna

ILSA Journal of International & Comparative Law

THE ISSUE OF THE UNIVERSALITY OF HUMAN RIGHTS

Forty-five years after the adoption of the Universal Declaration of Human Rights the international community met in Vienna to elaborate the human rights agenda for the next twenty-five years.

International Humanitarian Law After Bosnia, Jean-Philippe Lavoyer

ILSA Journal of International & Comparative Law

To start, I would like to thank Professor Paust for inviting the International Committee of the Red Cross (I.C.R.C.) to participate in this panel. Its subject is indeed closely linked to the I.C.R.C.

Protection Of Internally Displaced Persons In Internal Conflicts, Luke T. Lee

ILSA Journal of International & Comparative Law

There are some thirty million internally displaced persons (IDPs) today as compared to fifteen million refugees. The root causes generating refugees and IDPs are essentially the same: armed conflicts and human rights abuses. While refugees are protected by a number of international treaties and organizations, and are enjoying comparative safety in countries of asylum or resettlement, IDPs are not - supposedly on the ground that since IDPs are within their own country, their government should be responsible for their protection.

International Criminal Law And The Cambodian Killing Fields, Diane F. Orentlicher

ILSA Journal of International & Comparative Law

I have been asked to discuss various models that might be available to address crimes committed by the Khmer Rouge during its murderous reign in the 1970s.

Must Russia Return The Artwork Stolen From Germany During World War Ii?, Steven Costello

ILSA Journal of International & Comparative Law

In February 1995, the Pushkin museum in Moscow exhibited sixty three paintings, including paintings from German private and museum collections prior to World War II.1 One month later, the Hermitage in St. Petersburg exhibited seventy-four paintings, of which almost all were owned by the German government or its citizens before the war.

Journal Of International & Comparative Law And The International Practitioner's Notebook, Ilsa Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.

Application Of The United States' Law Of Countervailing Duties To Nonmarket Imports: Effects Of The Recent Foreign Reforms, James A. Meszaros

ILSA Journal of International & Comparative Law

The last several years have been marked by considerable economic reform in nonmarket countries. The changes which have occurred have undoubtedly impacted upon United States' law and policy with respect to the United States' treatment of those countries.

The Criminalization Of Hate Propaganda A Clash Of Ideals Between Canada And The United States, Eric Wolfman

ILSA Journal of International & Comparative Law

This paper will attempt to make the case that the criminalization of racist speech in the form of hate propaganda could survive a First Amendment challenge. Section I examines the elemental harms caused by hate propaganda and the compelling reasons why such speech should be criminalized

United States Asylum Law: The Failure Of The United States To Accommodate Women's Gender-Based Asylum Claims, Nancy C. Ciampa

ILSA Journal of International & Comparative Law

"Give me your tired, your poor, Your huddled masses yearning to breathe free, The wretched refuse of your teeming shore. Send these, the homeless, tempest tossed to me: I lift my lamp beside the golden door." Those are the words of Emma Lazarus, inscribed on the Statute of Liberty.

The Formation Of International Law In The 21st Century, John De Saram

ILSA Journal of International & Comparative Law

The methods and procedures of the Commission, as in the case of all human endeavors, need, of course, to be kept under regular review and to be improved wherever advisable. The methods and procedures of the Commission were referred to in the Sixth (the Legal) Committee of the UN General Assembly over the two weeks just passed, in the course of Sixth Committee consideration of the Report of the Commission.

Developing Countries, Tax Treaties And The United Nations Model Tax Convention, Peter D. Byrne

ILSA Journal of International & Comparative Law

Welcome everyone. My name is Peter Byrne. I am the Deputy Director of the International Tax Program at Harvard Law School. We have a great panel this morning, and I think you will be very interested in what they have to say. I will introduce them before we start.

International Law And Land Mines, Joerg Wimmers

ILSA Journal of International & Comparative Law

The Review Conference in Vienna' has failed to adopt a revised Convention due to unbridgeable differences among delegations on a strengthened Protocol II of the Convention (Land Mine Protocol). Almost all important provisions of the Protocol were contentious and a number of delegations showed very limited room to move toward a compromise.

When Are Economic Sanctions Effective? Selected Theorems And Corollaries, W Michael Reisman

ILSA Journal of International & Comparative Law

Economic sanctions may take many forms and may be applied unilaterally or multilaterally, but like all uses of the economic instrument, they involve the purposive threat or actual granting or withholding of economic indulgences, opportunities, and benefits by one actor or group of actors in order to induce another actor or group of actors to change or adjust an internal or external policy.