Comparative and Foreign Law Commons^™

French Secularism, Or Laïcité, Michel Troper

Cardozo Law Review

No abstract provided.

Foreword, Norman Dorsen

Cardozo Law Review

No abstract provided.

Universalism And Relativism: Human Rights As A Framework For Negotiating Interethnic Claims, Yash Ghai

Cardozo Law Review

No abstract provided.

Unidentified Orbital Debris: The Case For A Market-Share Liability Regime, Mark J. Sundahl

UC Law SF International Law Review

As the volume of debris in the planet's orbit continues to grow, the risks and costs associated with orbital collisions are taking their toll on the space industry. The United Nations Convention on International Liability for Damage Caused by Space Objects seeks to address this modern day tragedy of the commons, yet it applies only to large, identifiable pieces of orbital debris. As most debris consists of small fragments, the source of which cannot be identified, the U.N. Convention is limited in its effect.

This Note addresses the problem of assigning liability for harm caused by unidentified orbital debris. It …

Wye River Memorandum: A Transition To Final Peace, Justus R. Weiner

UC Law SF International Law Review

After a lengthy impasse in the peace process between Israel and the Palestinian Authority, a series of several agreements designed to foster peace led to the Wye River Memorandum. This agreement, negotiated in conjunction with President Clinton, established concrete steps for each side to take in reaching lasting peace. This Article analyzes the Wye River Memorandum in the context of the legal and political controversies surrounding its adoption and implementation. Additionally, this Article includes a postscript that addresses the recent Al-Aqsa Intifada.

Protecting Nature "Down Under": An American Law Professor's View Of Australia's Implementation Of The Convention On Biological Diversity--Laws, Policies, Programs, Institutions And Plans, 1992-2000, Robert F. Blomquist

Law Faculty Publications

No abstract provided.

The Civil Enforcement Of Human Rights Norms In Domestic Courts, Beth Van Schaack

ILSA Journal of International & Comparative Law

This Article will attempt to make the case for the domestic civil action in defense of international human rights in the face of a potential threat to such litigation.

Human Rights Accountability: Congress, Federalism And International Law, Beth Stephens

ILSA Journal of International & Comparative Law

While regularly seeking to apply international human rights norms tojudge the behavior of other governments, the United States has vehemently rejected efforts to apply such rules to United States domestic behavior.

Evolving Human Rights Norms Around Sexuality, Kristen L. Walker

ILSA Journal of International & Comparative Law

International human rights law has only very recently begun to address issues of sexual identity.

Introductory Remarks-Alien Tort Claims Act, Charles Curlett

ILSA Journal of International & Comparative Law

Good morning ladies and gentlemen, and welcome. We are fortunate to have with us today a distinguished panel of professors and practitioners who will be speaking about various aspects of current Alien Tort Claims Act' (ATCA) litigation. Before I introduce them, I thought we might begin with the language of the Statute itself

Pinning Guilt On Pinochet, Alfred P. Rubin

ILSA Journal of International & Comparative Law

Britain's Highest Court has decided that a treaty requires the British to honor a Spanish request for the extradition of General Augusto Pinochet Ugarte, Chile's strong man from 1973 until he "retired" with a rank of "Senator for Life" in Chile.

International Human Rights, International Humanitarian Law, And Environmental Security: Can The International Criminal Court Bridge The Gaps?, Mark A. Drumbl

ILSA Journal of International & Comparative Law

Human rights law has evolved considerably over the past half-century. Much of this evolution has occurred at the international level.

Terrorism On Trial: The Lockerbie Criminal Proceedings, Michael P. Scharf

ILSA Journal of International & Comparative Law

On December 21, 1998, a bomb exploded in the cargo hold of Pan Am Flight 103 killing all 259 passengers and crew, as well as eleven residents of the town of Lockerbie where the wreckage of the Bowing 747 crashed 31,000 feet below.

International Law Antinomies And Contradictions Of An Era Of Historical Transition: Retrospective On The Nato Armed Intervention In Kosovo, Edward Mcwhinney

ILSA Journal of International & Comparative Law

We live today in an era of historical transition. The 20th century really ended with the fall of the Berlin Wall in 1989.

Groups Protected By The Genocide Convention: Conflicting Interpretations From The International Criminal Tribunal For Rwanda, William A. Schabas

ILSA Journal of International & Comparative Law

The Convention for the Prevention and Punishment of the Crime of Genocide' protects "national, ethnical, racial and religious" groups from intentional physical destruction.

Human Rights Environment And Development In South Asia, Ali M. Qazilbash

ILSA Journal of International & Comparative Law

The fundamental importance of the issue of Human Rights and the environment to any society is deeply appreciated today.

The Jurisdiction Of The International Criminal Court Over Nationals Of Non-Party States (Conference Remarks), Madeline Morris

ILSA Journal of International & Comparative Law

The Rome Treaty for an International Criminal Court (ICC) provides for the establishment of an international court with jurisdiction over genocide, war crimes, and crimes against humanity.

Five Theoretical Themes In The World Trade Organization Adjudicatory System, Raj Bhala

ILSA Journal of International & Comparative Law

I am not sure about the poetic tastes of my distinguished colleagues on the panel.

The Guatemalan Historical Clarification Commisiion Finds Genocide, Jan Perlin

ILSA Journal of International & Comparative Law

On December 29, 1996 the Guatemalan government and the Unidad Revolucionaria Nacional Guatemalteca (URNG), signed peace accords bringing an end to thirty-four years of internal armed conflict.

Self-Determination After Kosovo And East Timor, Valerie Epps

ILSA Journal of International & Comparative Law

The concept of self-determination presents a useful example of how change comes about in legal norms, particularly in the international arena.

From Bosnia To Kosovo And East Timor: The Changing Role Of The United Nations In The Administration Of Territory, Ralph Wilde

ILSA Journal of International & Comparative Law

In recent years there has been a resurgence in projects where territorial units are administered by international organizations.

Self-Determination For Indigenous Peoples After Kosovo: Translating Self-Determination "Into Practice" And "Into Peace", Lorie M. Graham

ILSA Journal of International & Comparative Law

Numerous scholars have traced the early origins of self-determination from the Marxist precepts of class liberation to the Wilsonian ideals of democracy and freedom.

The Proposed Antarctic Treaty On Environmental Damage, Don Mackaay

ILSA Journal of International & Comparative Law

I have been asked to speak about the status of the negotiations on the draft agreement on Liability for Damage to the Antarctic Environment, which are being undertaken by the Parties to the Antarctic Treaty, and their prospects for success.

Accountability Beckons During A Year Of Worries For The Khmer Rouge Leadership, Craig Etcheson

ILSA Journal of International & Comparative Law

The year 1999 saw a series of extraordinary developments in the search for justice in the case of Cambodia's Khmer Rouge.

Procedural Limitations On Capital Punishment: The Case Of Foreign Nationals, John Quigley

ILSA Journal of International & Comparative Law

A factor that has focused international attention on capital punishment in the United States is the infliction of this punishment on foreign nationals.

Judgments Rendered In 1999 By The International Criminal Tribunals For The Former Yugosalvia And For Rwanda: Tadic (App.Ch.); Aleksovski (Icty); Jelisic (Icty); Ruzindana & Kayishema (Ictr); Serushago (Ictr); Rutaganda (Ictr), Kelly D. Askin

ILSA Journal of International & Comparative Law

The year of 1999 witnessed extensive activity in the two United Nations ad hoc Tribunal established to prosecute serious violations of international humanitarian law committed in the territory of the former Yugoslavia and in Rwanda.

The Imprint Of Kosovo On The Law Of Humanitarian Intervention, Julie Mertus

ILSA Journal of International & Comparative Law

For nearly ten years, human rights advocates have tried to focus public attention on Kosovo.

The Imprint Of Kosovo On International Law, Diane F. Orentlicher

ILSA Journal of International & Comparative Law

In several respects, international responses to recent developments in Kosovo have had a significant- in some respects, profound - impact on international law

Changing Hearts And Minds: The Domestic Influence Of International Tribunals, Belinda Cooper

ILSA Journal of International & Comparative Law

I have been observing events in Kosovo as someone interested not only in international tribunals, but also in German history, and especially in the way in which Germany has dealt with the legacies of World War I and the Holocaust.

The Rights Of The Accused In A Global Enforcement Arena, Diane Marie Amann

ILSA Journal of International & Comparative Law

It is a commonplace that crime, no less than other industries, has become a global venture.