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Articles 2101 - 2130 of 2242
Full-Text Articles in Criminal Law
A Report On The Negotiations For The Creation Of An International Criminal Court, Fanny Benedetti
A Report On The Negotiations For The Creation Of An International Criminal Court, Fanny Benedetti
Human Rights Brief
No abstract provided.
International Financial Institutions Face The Corruption Eruption: If The Ifis Put Their Muscle And Money Where Their Mouth Is, The Corruption Eruption May Be Capped, James P. Jr. Wesberry
International Financial Institutions Face The Corruption Eruption: If The Ifis Put Their Muscle And Money Where Their Mouth Is, The Corruption Eruption May Be Capped, James P. Jr. Wesberry
Northwestern Journal of International Law & Business
This article addresses what IFIs are doing, are not doing, and hopefully might do to help cap the corruption eruption sweeping our world. The article primarily relates the efforts of the World Bank in this area and briefly discusses efforts by other major IFIs.
International Human Rights Standards On Sexual Violence Against Women As They Apply To Pornography, Claudia Giunta
International Human Rights Standards On Sexual Violence Against Women As They Apply To Pornography, Claudia Giunta
LLM Theses and Essays
The United Nations Fourth World Conference on Women was held in Beijing in September 1995, and represented an important step towards the achievement of equality for women. At the Conference, the progress made towards equality was acknowledged, but it was also acknowledged that many goals have not been achieved yet, and that cultural changes of fundamental importance remain to be made. Indeed, in many countries the cultural approach to violence and discrimination against women is quite fatalistic; they believe violence against women cannot be solved by laws. However, this approach overlooks the role played by societies in tolerating practices of …
Swapping Amnesty For Peace: Was There A Duty To Prosecute International Crimes In Haiti?, Michael P. Scharf
Swapping Amnesty For Peace: Was There A Duty To Prosecute International Crimes In Haiti?, Michael P. Scharf
Faculty Publications
By examining the political realities of the Haiti situation and the applicable provisions of treaty and customary law, this Article seeks to assess whether the Haitian amnesty did indeed achieve "a proper mix." To this end, the Article begins with a description of the abuses reportedly committed by Haiti's military regime and the international community's attempts to restore the democratically-elected govemment to power. Next, it explores the policy arguments for and against amnesty as applied to the Haitian situation and analyzes the scope of both the Haitian amnesty law and President Aristide's amnesty decree. This section is followed by a …
The Jury Is Still Out On The Need For An International Criminal Court, Michael P. Scharf
The Jury Is Still Out On The Need For An International Criminal Court, Michael P. Scharf
Faculty Publications
In 1989, the United Nations General Assembly proclaimed the 1990s to be "The Decade of International Law." Moreover, 1990, which witnessed both the devolution of the Cold War and the effective use of the United Nations to coalesce universal support for international action against Iraq for its invasion of Kuwait, was a year of renewed optimism for international institutions. It is therefore fitting that proposals for an international criminal court should, at this time, get a fresh look from the international legal community. Towards this end, in the words of the U.S. Representative to the United Nations Sixth (Legal) Committee …
The Utility Of International Criminal Courts, Mark Weston Janis
The Utility Of International Criminal Courts, Mark Weston Janis
Faculty Articles and Papers
No abstract provided.
The Political Offence Exception And Terrorism: Its Place In The Current Extradition Scheme And Proposals For Its Future, R. Stuart Phillips
The Political Offence Exception And Terrorism: Its Place In The Current Extradition Scheme And Proposals For Its Future, R. Stuart Phillips
Penn State International Law Review (1982 - 2011)
No abstract provided.
Jurisdiction, Definition Of Crimes, And Triggering Mechanisms, Christopher L. Blakesley
Jurisdiction, Definition Of Crimes, And Triggering Mechanisms, Christopher L. Blakesley
Scholarly Works
The opportunity to create an international court that provides fair, equitable, and efficient justice is rare and important. It requires expertise in comparative and international law. Problems are serious, however. Failure to address the formidable problems could cause the Court to run a risk of failure that could be disastrous for international law, for the victims of the horrors that have occurred and that will occur, and for the world. Failure could come in at least two forms: (1) the Court could merely be a conduit for retribution after a pro-forma kangaroo court or (2) it will not have sufficient …
Article 36 Of The Vienna Convention On Consular Relations: A Search For The Right To Consul, Mark J. Kadish
Article 36 Of The Vienna Convention On Consular Relations: A Search For The Right To Consul, Mark J. Kadish
Michigan Journal of International Law
This paper addresses Article 36 of the Vienna Convention on Consular Relations, a treaty provision which is often violated by the United States.
Using International Human Rights Law And Machinery In Defending Borderless Crime Cases, Richard J. Wilson
Using International Human Rights Law And Machinery In Defending Borderless Crime Cases, Richard J. Wilson
Scholarly Articles in Law Reviews & Journals
This Essay focuses on four areas of international human rights law. The first area, the protection of attorneys’ fees from forfeiture, is an issue of great concern in the United States, given the state of the law there. The next area, the application of the death penalty in international law, will also include arguments about the “death row phenomenon.” The third area addressed is the use of international human rights law to overcome the rule of non-inquiry in extradition matters, a rule by which the judicial authority reviewing the propriety of extradition is barred from inquiry into the fairness of …
Sexual Harassment Proscriptive Polices Of The European Community, Ireland, And New Zealand, John C. Penn
Sexual Harassment Proscriptive Polices Of The European Community, Ireland, And New Zealand, John C. Penn
American University Journal of Gender, Social Policy & the Law
No abstract provided.
Swapping Amnesty For Peace And The Duty To Prosecute Human Rights Crimes, Diane Orentlicher
Swapping Amnesty For Peace And The Duty To Prosecute Human Rights Crimes, Diane Orentlicher
Scholarly Articles in Law Reviews & Journals
No abstract provided.
International Criminal Law And The Cambodian Killing Fields, Diane Orentlicher
International Criminal Law And The Cambodian Killing Fields, Diane Orentlicher
Scholarly Articles in Law Reviews & Journals
No abstract provided.
The Criminal Time Bomb: An Examination Of The Effect Of The Russian Mafia On The Newly Independent State Of The Former Soviet Union, Peter Daniel Dipaola
The Criminal Time Bomb: An Examination Of The Effect Of The Russian Mafia On The Newly Independent State Of The Former Soviet Union, Peter Daniel Dipaola
Indiana Journal of Global Legal Studies
No abstract provided.
Nuremberg - Fifty Years: Accountability And Responsibility, William G. Eckhardt
Nuremberg - Fifty Years: Accountability And Responsibility, William G. Eckhardt
Faculty Works
No abstract provided.
Beyond Bosnia And In Re Kasinga: A Feminist Perspective On Recent Developments In Protecting Women From Sexual Violence, Linda A. Malone
Beyond Bosnia And In Re Kasinga: A Feminist Perspective On Recent Developments In Protecting Women From Sexual Violence, Linda A. Malone
Faculty Publications
No abstract provided.
Privacy Of Financial Information And Civil Rights Issues: The Implications For Investigating And Prosecuting International Economic Crime, Richard T. Preiss
Privacy Of Financial Information And Civil Rights Issues: The Implications For Investigating And Prosecuting International Economic Crime, Richard T. Preiss
Penn State International Law Review (1982 - 2011)
No abstract provided.
The Impact Of Recent Money Laundering Legislation On Financial Intermediaries, Nicholas Clark
The Impact Of Recent Money Laundering Legislation On Financial Intermediaries, Nicholas Clark
Penn State International Law Review (1982 - 2011)
No abstract provided.
Money Laundering And Wire Transfers: When The New Regulations Take Effect Will They Help?, Fletcher N. Baldwin Jr.
Money Laundering And Wire Transfers: When The New Regulations Take Effect Will They Help?, Fletcher N. Baldwin Jr.
Penn State International Law Review (1982 - 2011)
No abstract provided.
News From The International Criminal Tribunals, Brian Tittemore
News From The International Criminal Tribunals, Brian Tittemore
Human Rights Brief
No abstract provided.
The United States' Foreign Corrupt Practices Act And The Oecd Anti-Bribery Recommendation: When Moral Suasion Won't Work, Try The Money Argument, Beverley Earle
The United States' Foreign Corrupt Practices Act And The Oecd Anti-Bribery Recommendation: When Moral Suasion Won't Work, Try The Money Argument, Beverley Earle
Penn State International Law Review (1982 - 2011)
No abstract provided.
Defensively Invoking Treaties In American Courts--Jurisdictional Challenges Under The U.N. Drug Trafficking Convention By Foreign Defendants Kidnapped Abroad By U.S. Agents, Thomas Michael Mcdonnell
Defensively Invoking Treaties In American Courts--Jurisdictional Challenges Under The U.N. Drug Trafficking Convention By Foreign Defendants Kidnapped Abroad By U.S. Agents, Thomas Michael Mcdonnell
Elisabeth Haub School of Law Faculty Publications
This Article unravels the non-self-executing treaty doctrine, examines the invocation of a treaty as a defense to governmental action, and develops a test for when an individual (rather than a government) may assert a treaty defensively in state or federal courts. Lastly, this Article applies this test to state-sponsored kidnapping and the U.N. Convention Against Illicit Traffic in Narcotic Drugs and Psychotropic Substances. The parties to this treaty, which was sponsored by the United States, barred one country's law enforcement agents from operating without permission on another country's soil and rejected a provision requiring a country to extradite its own …
Creating An International Criminal Court: Confronting The Conflicting Criminal Procedures Of Iran And The United States, Rose Marie Karadsheh
Creating An International Criminal Court: Confronting The Conflicting Criminal Procedures Of Iran And The United States, Rose Marie Karadsheh
Penn State International Law Review (1982 - 2011)
No abstract provided.
Terrorism And Hostages In International Law: A Commentary On The Hostages Convention 1979, Christopher L. Blakesley
Terrorism And Hostages In International Law: A Commentary On The Hostages Convention 1979, Christopher L. Blakesley
Scholarly Works
In this piece, Professor Blakesley reviews “Terrorism and Hostages in International Law: A Commentary on the Hostages Convention 1979” by Joseph J. Lambert.
The Puerto Rican Independentistas: Combatants In The Fight For Self-Determination And The Right To Prisoner Of War Status, Lisa Napoli
Cardozo Journal of International and Comparative Law
No abstract provided.
The Victim-Plaintiff In Criminal Trials And Civil Law Responses To Sexual Violence, Alexandra Goy
The Victim-Plaintiff In Criminal Trials And Civil Law Responses To Sexual Violence, Alexandra Goy
Cardozo Journal of Equal Rights & Social Justice
The article examines the role of the victim-plaintiff in German criminal trials, particularly in cases involving sexual violence. It highlights the unique procedural rights granted to victim-plaintiffs, such as the ability to participate actively in trials and present evidence. However, the analysis reveals significant practical and systemic barriers that limit the effectiveness of this institution, including restrictive evidentiary rules, financial challenges, and gender biases within the judiciary. The article argues that while the victim-plaintiff institution offers opportunities for victims to seek justice, its impact is undermined by these obstacles, raising concerns about the protection of sexual autonomy and gender equality …
Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus
Restrictions On Law Enforcement Investigation And Prosecution Of Crime, Paul Marcus
Faculty Publications
No abstract provided.
The Right To Self-Defense Once The Security Council Takes Action, Malvina Halberstam
The Right To Self-Defense Once The Security Council Takes Action, Malvina Halberstam
Articles
No abstract provided.
Forced Displacement In The Former Yugoslavia: A Crime Under International Law?, Michael P. Roch
Forced Displacement In The Former Yugoslavia: A Crime Under International Law?, Michael P. Roch
Penn State International Law Review (1982 - 2011)
No abstract provided.
Pitfalls And Imperatives: Applying The Lessons Of Nuremberg To The Yugoslav War Crimes Trials, Kevin R. Chaney
Pitfalls And Imperatives: Applying The Lessons Of Nuremberg To The Yugoslav War Crimes Trials, Kevin R. Chaney
Penn State International Law Review (1982 - 2011)
No abstract provided.