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Articles 1591 - 1620 of 1744
Full-Text Articles in International Law
The Canadian Charter And Public International Law: Redefining The State's Power To Deport Aliens, Daniela Bassan
The Canadian Charter And Public International Law: Redefining The State's Power To Deport Aliens, Daniela Bassan
Osgoode Hall Law Journal
This article considers the relationship between international and domestic law in deportation proceedings. The argument is made that, generally, Canadian law should be interpreted consistently with Canada's obligations at international law, as reflected in conventions and custom. More specifically, the article proposes that Canada's obligation at international law to protect the family and the child be recognized in Canadian law as one of the principles of fundamental justice under section 7 of the Charter. The protection of the family is engaged by the deportation of domiciled aliens because, by definition, these deportees have been in Canada for a long period …
Presidential Power In The Russian Constitution, Lee Kendall Metcalf
Presidential Power In The Russian Constitution, Lee Kendall Metcalf
Florida State University Journal of Transnational Law & Policy
No abstract provided.
The Third Balkan War And Political Disunity: Creating A Confederated Cantonal Constitutional System, Peter J. Cannon
The Third Balkan War And Political Disunity: Creating A Confederated Cantonal Constitutional System, Peter J. Cannon
Florida State University Journal of Transnational Law & Policy
No abstract provided.
The Recognition And Enforcement Of Foreign Equitable Remedies And Other Types Of Non-Money Judgments In United States And French Courts: A Comparative Analysis, Noele Sophie Rigot
The Recognition And Enforcement Of Foreign Equitable Remedies And Other Types Of Non-Money Judgments In United States And French Courts: A Comparative Analysis, Noele Sophie Rigot
LLM Theses and Essays
Courts of industrialized nations are often faced with adjudication of cases which involve foreign components. It is common for those courts to be asked by individuals or legal entities from a transnational environment to adjudicate with regard to some elements already adjudged in a different legal system as if it were a local judgment. The question that arises is how effects should be given when dealing with prior adjudications. Most countries agree to recognize some effects determined by foreign jurisdictions, as long as those determinations meet standards that guarantee proper integration of the foreign decision into the domestic setting. These …
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 …
Understanding Constitutional War Powers Today: Why Methodology Matters, Jane E. Stromseth
Understanding Constitutional War Powers Today: Why Methodology Matters, Jane E. Stromseth
Georgetown Law Faculty Publications and Other Works
With the Cold War over, Americans have grown more introspective about the role of the United States in global affairs. It could hardly be otherwise. America's rise to military preeminence, its overseas commitments and priorities, and its basic sense of international purpose all were forged by circumstances of the past fifty years that have changed dramatically. The Soviet threat is gone; once shaky allies in Europe and Asia are now comparatively stable and prosperous; the specter of cataclysmic nuclear war has receded while regional conflicts, ethnic strife, and humanitarian emergencies have moved to center stage. Although the world is no …
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 United Kingdom, The European Court Of Human Rights, And Constitutional Review, A. W. Bradley
The United Kingdom, The European Court Of Human Rights, And Constitutional Review, A. W. Bradley
Cardozo Law Review
The aim of this Article is to consider whether there is now in the United Kingdom the embryo of a procedure for constitutional review that results from the United Kingdom's adherence to the European Convention on Human Rights as well as the burgeoning case law being developed by the European Court of Human Rights. To the extent that such an embryo exists, I hope to show that this is a development which has not been directly willed by the United Kingdom Parliament, nor by successive United Kingdom governments. Assuming that this process deserves to be described as piecemeal constitution making, …
The Reach Of Rights In The New Russian Constitution, Antti Korkeakivi
The Reach Of Rights In The New Russian Constitution, Antti Korkeakivi
Cardozo Journal of International and Comparative Law
The new Russian Constitution incorporates a comprehensive catalogue of human rights, largely mirroring international standards and Western democracies, while retaining elements influenced by Soviet tradition. It rejects the socialist notion that rights are state-granted, declaring them inalienable and innate. However, the Constitution’s effectiveness in protecting these rights remains uncertain, as its success hinges on the judiciary’s ability to enforce them independently, despite historical weaknesses and ongoing concerns about judicial autonomy.
The Shamrock And The Crown: A Historic Analysis Of The Framework Document And Prospects For Peace In Ireland, Ronald A. Christaldi
The Shamrock And The Crown: A Historic Analysis Of The Framework Document And Prospects For Peace In Ireland, Ronald A. Christaldi
Florida State University Journal of Transnational Law & Policy
No abstract provided.
The Constitutional Development Of Religious Freedom In Spain: An Historical Analysis, Daniel B. Montserrat
The Constitutional Development Of Religious Freedom In Spain: An Historical Analysis, Daniel B. Montserrat
Florida State University Journal of Transnational Law & Policy
Religious freedom has always constituted a problem in Spain. It can be said that over the centuries, there has only existed intolerance and even on several occasions, persecution. Clearly, the times in which respect and peaceful coexistence occurred in Spain among the three principal religions were limited and fleeting. Unfortunately, even Spanish constitutional history is replete with examples of religious intolerance. From the Cddiz Constitution of 1808, liberal in its politics, but tremendously repressive with respect to religion up until the present day, there have been scarcely twentyfive years of "religious freedom." Recalling the period prior to the first constitution, …
Recognizing Constitutional Rights Of Excludable Aliens: The Ninth Circuit Goes Out On A Limb To Free The Flying Dutchman - Dispensing With A Legal Fiction Creates An Opportunity For Reform, Wendy R. St. Charles
Recognizing Constitutional Rights Of Excludable Aliens: The Ninth Circuit Goes Out On A Limb To Free The Flying Dutchman - Dispensing With A Legal Fiction Creates An Opportunity For Reform, Wendy R. St. Charles
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Conference On The Interventional Protection Of Reproductive Rights: Introduction, Donna Sullivan
Conference On The Interventional Protection Of Reproductive Rights: Introduction, Donna Sullivan
American University Law Review
Reproductive Rights conference
Planned Constitution Never Got Written, But Israel Still Got Constitutional Law, Marcia R. Gelpe
Planned Constitution Never Got Written, But Israel Still Got Constitutional Law, Marcia R. Gelpe
Faculty Scholarship
Israel's development of constitutional law without a written constitution presents a fascinating picture of how a system, unable to develop a constitution in the usual manner, has developed one in another manner. It shows how innovative lawmaking can be - and sometimes must be - to maintain a democratic political system.
Conference On The Interventional Protection Of Reproductive Rights: Preface , Lauren Gilbert, Ann Shalleck, Claudio Grossman
Conference On The Interventional Protection Of Reproductive Rights: Preface , Lauren Gilbert, Ann Shalleck, Claudio Grossman
American University Law Review
Reproductive Rights conference
The Constitution Of Belarus: A Good First Step Towards The Rule Of Law, Gary M. Shaw
The Constitution Of Belarus: A Good First Step Towards The Rule Of Law, Gary M. Shaw
Scholarly Works
No abstract provided.
International Trade Relations And The Separation Of Powers Under The United States Constitution, John Linarelli
International Trade Relations And The Separation Of Powers Under The United States Constitution, John Linarelli
Penn State International Law Review (1982 - 2011)
No abstract provided.
International Trade Relations And The Separation Of Powers Under The United States Constitution, John Linarelli
International Trade Relations And The Separation Of Powers Under The United States Constitution, John Linarelli
Scholarly Works
No abstract provided.
The Four Doctrines Of Self-Executing Treaties, Carlos Manuel Vázquez
The Four Doctrines Of Self-Executing Treaties, Carlos Manuel Vázquez
Georgetown Law Faculty Publications and Other Works
A distinction has become entrenched in United States law between treaties that are "self-executing" and those that are not. The precise nature of this distinction--indeed, its very existence--is a matter of some controversy and much confusion. More than one lower federal court has pronounced the distinction to be the "most confounding" in the United States law of treaties. A tremendous amount of scholarship has sought to clarify this distinction, but the honest observer cannot but agree with John Jackson's observation that " [t]he substantial volume of scholarly writing on this issue has not yet resolved the confusion" surrounding it. The …
Beyond The Historical Justice Debate: The Incorporation Of International Law And The Impact On Constitutional Structures And Rights In Hungary, Duc V. Trang
Vanderbilt Journal of Transnational Law
In 1993, the Hungarian Constitutional Court upheld a draft law that would allow the prosecution of crimes committed during the 1956 uprising, despite the expiration of statutes of limitations. In reaching this result, the Court raised international law to the level of a constitutional standard by which Hungary's domestic laws would be judged. In this Article, the author examines the impact of the Court's decision to transform international law into domestic law. The author explores the implications of adopting international law on the relationship between the Court and other branches of the government, the development of domestic law, the growth …
The Constitutional Responsibility Of Congress For Military Engagements, Lori Fisler Damrosch
The Constitutional Responsibility Of Congress For Military Engagements, Lori Fisler Damrosch
Faculty Scholarship
The U.S.-led military operation in Haiti has unfolded with minimal violence and few casualties so far. That factual proposition – which is necessarily subject to revision – has important ramifications under both U.S. constitutional law and international law. On the constitutional level, the avoidance of hostilities defused what was poised to become a serious confrontation between the President and the Congress. On the international level, doubts in some quarters about the legitimacy of a forcible intervention, although not entirely allayed, were somewhat quieted with the achievement of a negotiated solution, which enabled U.S. troops to bring about the return to …
On War And Justice, Jeffrey C. Tuomala
On War And Justice, Jeffrey C. Tuomala
Faculty Publications and Presentations
No abstract provided.
Post-Communist Constitutionalism: A Transitional Perspective., Ruti Teitel
Post-Communist Constitutionalism: A Transitional Perspective., Ruti Teitel
Articles & Chapters
No abstract provided.
The "Constitutionalization" Of The Un Security System, Matthias J. Herdegen
The "Constitutionalization" Of The Un Security System, Matthias J. Herdegen
Vanderbilt Journal of Transnational Law
The considerable activism displayed by the Security Council over the last years and its dynamic application of the powers under Chapter VII of the UN Charter recently have inspired concern for the institutional balance within the United Nations and the quest for justiciable restraints upon the Council. Such concern underlines a "constitutional" approach to the United Nations framework: the Charter is conceived as a kind of constitution for the community of states with the International Court of Justice as the ultimate guardian of its legality vis-a-vis the Council. Such a "constitutional" approach should be viewed with caution. The scrutiny of …
Rethinking Rawls' Theory Of Liberty And Rights, James W. Nickel
Rethinking Rawls' Theory Of Liberty And Rights, James W. Nickel
Articles
No abstract provided.
Constitutional Law And International Law In The United States Of America, Lung-Chu Chen
Constitutional Law And International Law In The United States Of America, Lung-Chu Chen
Articles & Chapters
No abstract provided.
The Scattered Remains Of Sovereign Immunity For Foreign States After Republic Of Argentina V. Weltover,Inc., Sarah K. Schano
The Scattered Remains Of Sovereign Immunity For Foreign States After Republic Of Argentina V. Weltover,Inc., Sarah K. Schano
Vanderbilt Journal of Transnational Law
The globalization of the United States economy in the latter half of the twentieth century has fostered greater interaction between the United States and foreign states and their instrumentalities. As a result, the likelihood of legal disputes arising between United States entities and foreign states has increased. Traditionally, foreign states have been immune from suit in United States courts. However, the Foreign Sovereign Immunities Act (FSIA), enacted in 1976, specifies instances in which United States courts may deny immunity to foreign states and exercise jurisdiction over them. Under one provision of the FSIA, a foreign state may forfeit its immunity …
Legal Foundations And Institutional Framework Of The Monetary Union In Europe And In The United States, Johan Van Den Cruijce
Legal Foundations And Institutional Framework Of The Monetary Union In Europe And In The United States, Johan Van Den Cruijce
LLM Theses and Essays
An economic and monetary union (EMU) is an area where there is complete freedom of movement of persons, goods, services, and capital. The financial markets in an EMU are completely integrated while the national currencies are conventional and have fixed exchange rates. Ultimately the national currencies may be replaced by a common currency and there will be one monetary policy. The EMU is considered to be the highest form of economic integration. This paper examines two examples of a monetary union; the first part focuses on the blueprint for a European monetary union as laid out in the Treaty on …
Canadian Discord Over The Charlottetown Accord: The Constitutional War To Win Quebec, Jeffrey J. Cole
Canadian Discord Over The Charlottetown Accord: The Constitutional War To Win Quebec, Jeffrey J. Cole
Penn State International Law Review (1982 - 2011)
No abstract provided.
Association For Civil Rights In Israel V. Minister Of Defense, Aharon Barak, Meir Shamgar, Menachem Elon, Shoshana Netanyahu, Eliezer Goldberg, Theodor Or, Eliahu Mazza
Association For Civil Rights In Israel V. Minister Of Defense, Aharon Barak, Meir Shamgar, Menachem Elon, Shoshana Netanyahu, Eliezer Goldberg, Theodor Or, Eliahu Mazza
Translated Opinions
Following a number of brutal acts of kidnapping and murder committed by the Hamas and Islamic Jihad terrorist organisations is December, 1992, it was decided by the Government of Israel to empower the military commanders of Judea and Samaria and of the Gaza Strip to issue orders for the temporary deportation of the leaders of these two terrorist organisations who had taken part in organising and supporting acts of terror, for a period not exceeding two years. The two commanders thereupon issued (general) temporary provisions under the Defence (Emergency) Regulations, 1945 (from the time of the British Mandate but still …