Comparative and Foreign Law Commons^™

A Country Within A Country: Redrawing Borders On The Post-Colonial Sovereign State, Suzan Dionne Balz

Michigan Journal of Race and Law

This Essay seeks to identify the conflict that exists between the demands for self-governance by Canada's First Nations and the interests of the Canadian state. The author elucidates this conflict by identifying two major differences between the perspectives of Canada's First Nations' demands for self-governance and the interests of the Canadian state: the privileging of the collective versus the privileging of the individual, and the two very different notions of "territory." The author concludes that the doctrine of sovereign statehood as developed out of European Nationalism stands as an obstacle to the self-determination of non-western peoples such as the First …

International Application Of The National Environmental Policy Act, Wayne J. Carrol

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.

Health-Care Access For The Elderly Of Industrialized Nations: Fallen And Can't Get Up?, Joann Babiak

ILSA Journal of International & Comparative Law

Canada, and England have developed and funded national health programs in keeping with this entitlement philosophy. The United States government, though stopping short of providing every citizen health-care access as a right,' has entitled various groups through federally funded programs.

A Defense Of Unilateral Or Multi-Lateral Intervention Where A Violation Of International Human Rights Law By A State Constitutes An Implied Waiver Of Sovereignty, Mitchell A. Meyers

ILSA Journal of International & Comparative Law

This paper seeks to defend United States intervention in states that violate international human rights law. To explain the modem framework behind the legal justifications for intervention, it is necessary to review the historical development of international human rights law, the concept of sovereignty, and the continuing conflict between the two principles.

Circumnavigating International Space Law, Ty S. Twibell

ILSA Journal of International & Comparative Law

Man's exploration of space is often analogized to his exploration of the ancient oceans. Ancient sea-explorers faced obstacles of uncharted oceans and land. They also faced difficulties in finding the means and financing to make their discoveries. Space industrial development suffers difficulties as well, however, many of the difficulties are legal obstacles.

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

ILSA Journal of International & Comparative Law

The arms embargo has deprived Bosnia-Hercegovina of the right of legitimate self-defense. It has caused the destruction of the country, deepened the war and caused genocide.

Throw Them To The Wolves: Asylum And Asylum Law, Enid H. Adler

ILSA Journal of International & Comparative Law

This paper may raise more questions than it answers. The plight and saga of the ship Golden Venture, Chinese and specific case studies will be employed to illustrate the issues addressed. Space limits this paper to an overview of the topic.

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

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.

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.

Dire Straits: The International Maritime Organization In The Bosporus And Dardanelles, Debora Schweikart

University of Miami International and Comparative Law Review

No abstract provided.

Compensable Damages Revisited Under The Warsaw Convention: Zicherman V. Korean Air Lines, A New Look At Loss Of Society, Michelle M. Ressler

University of Miami International and Comparative Law Review

No abstract provided.

Trade-Based Constitutionalisms: The Framework For Universalizing Substantive International Law?, Brian F. Fitzgerald

University of Miami International and Comparative Law Review

No abstract provided.

Religion And The Irish Constitution, 30 J. Marshall L. Rev. 725 (1997), Gerard Whyte

UIC Law Review

No abstract provided.

Medical Confidentiality In Israeli Law, 30 J. Marshall L. Rev. 747 (1997), Steven Silverstein

UIC Law Review

No abstract provided.

The New Commercial Code Of The Czech Republic, 30 J. Marshall L. Rev. 699 (1997), Josef Bejcek

UIC Law Review

No abstract provided.

Politics, Economics And Human Rights In International Cooperation: A Public Discourse In Germany, 31 J. Marshall L. Rev. 171 (1997), Gabriel Von Malsen-Tilborch

UIC Law Review

No abstract provided.

The Crucifix Case: Germany's Everson V. Board Of Education?, Lark E. Alloway

Penn State International Law Review (1982 - 2011)

No abstract provided.

Keeping The Peace-British, Israeli, And Japanese Legislative Responses To Terrorism, Matthew H. James

Penn State International Law Review (1982 - 2011)

No abstract provided.

New Conventions On Extradition In The European Union: Analysis And Evaluation, G. Vermeulen, T. Vander Beken

Penn State International Law Review (1982 - 2011)

No abstract provided.

The Sanctity Of Life And The Right To Die: Social And Jurisprudential Aspects Of The Euthanasia Debate In Australia And The United States, Roger S. Magnusson

Washington International Law Journal

This paper reviews social and legal issues in the current euthanasia debate. Focusing on Australia and the United States, the author argues that the legalization of physician-assisted suicide ("PAS") and/or active voluntary euthanasia ("AVE") is inevitable within the short to medium term, given recent developments which have undermined the sanctity of life ethic. Legal factors supporting this assessment include the changing definition of death, the growth of a legallyrecognized right to self-determination extending to the withdrawal of life-support, and the recognition by some courts that life support may be withdrawn without consent because life is considered to be futile. The …