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University of Georgia School of Law

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Articles 1111 - 1140 of 1166

Full-Text Articles in International Law

The Role Of The Organization Of African Unity (Oau) In Regional Conflict Resolution And Dispute Settlement, Peter Mweti Munya Jan 1997

The Role Of The Organization Of African Unity (Oau) In Regional Conflict Resolution And Dispute Settlement, Peter Mweti Munya

LLM Theses and Essays

The emergence of an artificially constructed modern state with internal contradictions, sophisticated state apparatus, and weaponry, coupled with external forces has made Africa one of the most unstable regions in the world, and peace prospects a daunting task. The post-cold war era punctuated by forces of economic liberalization and dominance of the Breton Woods institutions in the economic management of the developing countries has not only accelerated the economic marginalization of Africa placing her at the fringes of the global economy but also wrought insecurity in their wake. This post-cold war and serves to emphasize the need for the OAU …

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The New Dimensions Of United Nations Peacemaking, Louis B. Sohn Sep 1996

The New Dimensions Of United Nations Peacemaking, Louis B. Sohn

Scholarly Works

Since its beginning, mankind has alternated between periods of peace and war. The Twentieth Century was the first one in which attempts were made to outlaw war and to establish institutions which would protect the peoples of the world against war. After the carnage of the Second World War, the United Nations was established "to save succeeding generations from the scourge of war," and the Security Council was given the "primary responsibility for the maintenance of international peace and security." The founders of the United Nations tried to ensure that the Council would have necessary means for discharging this responsibility, …

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The Role Of The United Nations In The Maintenance Of Peace Before And After The Year Two Thousand, Gabriel M. Wilner Sep 1996

The Role Of The United Nations In The Maintenance Of Peace Before And After The Year Two Thousand, Gabriel M. Wilner

Scholarly Works

This short description of some of the important ideas set forth in the various contributions to the Colloquium is meant to give the reader an idea of the broad spectrum of issues and problems with which the international community is confronted both in continuing to use the present structure and competence of the Security Council and in making reforms. While the General Assembly and other organs of the United Nations and of regional and national institutions are mentioned as useful in the struggle to maintain world peace, it is clear that the Security Council will continue to dominate the work …

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Major Changes In Council Regulation 3283/94: Its Compatibility With The Uruguay Round Anti-Dumping Code, Sangsoo Son Jan 1996

Major Changes In Council Regulation 3283/94: Its Compatibility With The Uruguay Round Anti-Dumping Code, Sangsoo Son

LLM Theses and Essays

Dumping can be defined as exporting goods at prices below those charged on the domestic market or at prices insufficient to recover the cost of the goods sold. Dumping is considered an unfair trading practice because it interferes with free market economy principles. During the 1980s, anti-dumping measures were an important issue for a few developed countries that had attractive markets for foreign producers; these countries were the United States, the European Community, Canada, and Australia. The European Community (EC) has developed its own anti-dumping laws over the years; Article 113 of the EEC Treaty gives power to Community institutions …

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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 Jan 1996

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 …

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Legal Aspects Of The New International Economic Order - Moving Towards A Viable Framework For Development In Sub-Saharan Africa, Idara Ekaete Bassey Jan 1996

Legal Aspects Of The New International Economic Order - Moving Towards A Viable Framework For Development In Sub-Saharan Africa, Idara Ekaete Bassey

LLM Theses and Essays

While the primary objective of the United Nations is to maintain peace and security, Article 55 of the Charter also tasks the U.N. with facilitating higher standards of living, full employment, and social and economic development. To achieve this goal, the U.N. adopted three instruments which make up the New International Economic Order (NIEO). This thesis assesses the goals for development in the Third World, focusing on sub-Saharan Africa, and the NIEO’s capacity to serve in that regard. Sub-Saharan Africa is larger in land area than the U.S. and has abundant natural resources and agricultural land, so the basis for …

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Analysis Of The U.S. Regulations Of Derivatives: Does The Use Of Such Complicated Instruments Pose A Serious Threat To The Safety And Soundness Of The U.S. Banking System?, Erwin De Deyn Jan 1996

Analysis Of The U.S. Regulations Of Derivatives: Does The Use Of Such Complicated Instruments Pose A Serious Threat To The Safety And Soundness Of The U.S. Banking System?, Erwin De Deyn

LLM Theses and Essays

In the last fifteen years, the globalization of financial markets and institutions along with innovative investment strategies have caused an irreversible revolution in the world’s financial markets. Investors and managers can now use new instruments, such as derivatives, for guarding against financial risks. Derivatives are financial instruments whose returns are derived from other assets or variables, like futures and options. The growth of derivative markets has accelerated rapidly in the last ten years, which has caused financial markets in the United States and throughout the world to be more efficient, which contributes to economic welfare. However, the dramatic growth in …

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Choice Of The Applicable Law In United States Maritime Law And The Venezuelan System, Daniel Eric Vielleville Jan 1996

Choice Of The Applicable Law In United States Maritime Law And The Venezuelan System, Daniel Eric Vielleville

LLM Theses and Essays

International maritime transport is an important means of transport in international trade. The vessels used in international maritime transport face unique dangers which necessitate maritime law that addresses the perils associated with maritime transport. Maritime law concerns many jurisdictions, which creates a special interest for the study of conflict of laws. There are private international maritime laws in addition to multilateral treaties. This paper analyzes the international approach that the United States takes in maritime conflict of laws, and compares it with the Venezuelan system of private international law. Venezuela is a civil law country with old maritime legislation which …

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Reflections On Regional Human Rights Law, Gabriel M. Wilner Dec 1995

Reflections On Regional Human Rights Law, Gabriel M. Wilner

Scholarly Works

The principal purpose of the Colloquium, as can be seen from the great attention given to the papers presented by the second panel, was to discuss the uses of customary international human rights law in the defense of human rights before national courts. More generally, these discussions focused on the effectiveness of customary international human rights rules in influencing legislative and policy-making, administrative decisions and, particularly, judicial adjudication, at international and national levels. The initial and wider question of the feasibility of using custom as a source of human rights rules formed the underlying aspects of the debates in the …

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Sources Of International Law, Louis B. Sohn Dec 1995

Sources Of International Law, Louis B. Sohn

Scholarly Works

To summarize, States can agree on international law begin made in any way they wish. Once they agree on a method, the matter is over. As I have pointed out, every few y ears we invent a new method; there is no end to ingenuity of human beings. by the year 2000, there might be one or two more methods. We are still applying the 19th century rule that international law is made by the community of states, but in every generation the community has been able to invent new methods for crystallizing international law. We finally have accepted the …

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The Role Of The United Nations In The Maintenance Of Peace Before And After The Year Two Thousand, Gabriel M. Wilner, Karri Palmetier, Richard Bilder, Jordan Paust, Larry D. Johnson, William Clontz, Louis B. Sohn, Frederic Kirgis, Danilo Türk, Josef Rohlik, T.P. Sreenivasan, John A. Macinnis, Raymond Sommereyns, Winston Tubman, Ramu Damodaran, Sean Murphy Mar 1995

The Role Of The United Nations In The Maintenance Of Peace Before And After The Year Two Thousand, Gabriel M. Wilner, Karri Palmetier, Richard Bilder, Jordan Paust, Larry D. Johnson, William Clontz, Louis B. Sohn, Frederic Kirgis, Danilo Türk, Josef Rohlik, T.P. Sreenivasan, John A. Macinnis, Raymond Sommereyns, Winston Tubman, Ramu Damodaran, Sean Murphy

Conferences and Symposia to 2010

Two-day conference on United Nations held at the University of Georgia School of Law on March 3 and 4, 1995. The conference consisted of three panels ("United States attitudes on the role of the United Nations regarding the maintenance and the restoration of peace," "Global attitudes on the role of the United Nations on the maintenance and restoration of peace," and "The role of the United Nations with respect to the means for accomplishing the maintenance and restoration of peace"). Included dinner remarks by Louis B. Sohn.

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Apec As A New Model Of Regional Economic Cooperation: Compatibility With Gatt, Bing Ding Jan 1995

Apec As A New Model Of Regional Economic Cooperation: Compatibility With Gatt, Bing Ding

LLM Theses and Essays

Today’s driving forces in world trade are private trade, investment flows, technological progress, and job creation. These forces create momentum towards the further integration of economy within their respective regions. The challenge for governments today is to reinforce these trends in favor of long-term economic benefits, while resisting the temptation to make short-term adjustments for growth. Regionalism is being considered as a solution to contemporary international economic problems; with the division of the world into the three major trading blocs of the EC, NAFTA, and APEC, regionalism seems to be the fastest road to multilateral free trade. This paper proposes …

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The Relevant Market In European Merger Law, Benedicte Haubold Jan 1995

The Relevant Market In European Merger Law, Benedicte Haubold

LLM Theses and Essays

Due to the rapid acceleration of merger movements in the 1980s, the adoption of new merger regulation was a must for the European market. Before the new merger regulation was adopted in 1989, the European Commission used to apply the general competition rules of the Rome Treaty when dealing with mergers. The Commission used to interpret Articles 85 and 86 of the Rome Treaty as a means to condemn mergers that would lead to an abuse of a dominant position at a European level; at that time, there was an absence of complete and systematic control as far as structural …

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Strategic Alliances: Emerging Trends In Future Corporate Business, Naresh Menghraj Gehi Jan 1995

Strategic Alliances: Emerging Trends In Future Corporate Business, Naresh Menghraj Gehi

LLM Theses and Essays

A strategic alliance is an arrangement for economic collaboration between firms at the same level of distribution, involving an exchange of critical skills aimed at buffering the core business strategy, technology, or markets of the partners. Research indicates that the care and thought of the strategic alliance partners increases with the importance of the venture to the strategic objectives of the entity. This paper describes the importance of strategic alliances in today’s competitive world. It examines the benefits of entering into strategic alliances, the legal implications of strategic alliances, and various industries where strategic alliances are dominant. Finally, this paper …

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U.S. Practices In Risk Assessment And Risk Management For Product Safety Under Article 2.2 Of The Agreement On Technical Barriers To Trade, Suckhong Ko Jan 1995

U.S. Practices In Risk Assessment And Risk Management For Product Safety Under Article 2.2 Of The Agreement On Technical Barriers To Trade, Suckhong Ko

LLM Theses and Essays

Article 2.2 of the Agreement on Technical Barriers to Trade (TBT) was applied to the GATT member countries in 1995. This article provides national product safety agencies with requirements for risk assessment and risk management. However, the terms used in the article are broad and open to interpretation. This paper argues that vast discretion and broad terms cannot solve technical barriers effectively; the “minimum requirements” standard within Article 2.2 of the TBT fails to consider those countries whose technology in product safety is inferior to that of developed countries. The United States has some of the strongest product safety measures, …

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Civil Liability For Damage Caused To The Environment By Hazardous Waste: Lessons For The European Union From The Us Experience, Artemis Hatzi-Hull Jan 1995

Civil Liability For Damage Caused To The Environment By Hazardous Waste: Lessons For The European Union From The Us Experience, Artemis Hatzi-Hull

LLM Theses and Essays

As environmental awareness has surged over the last two decades, environmental law has rapidly developed. In both agricultural and industrial countries, the environment is a sensitive and vital area where substantial economic interests are at stake. In the United States, many social, political, and economic reasons have spawned rapid expansion of environmental law. Congress has enacted numerous statutes and empowered federal agencies, primarily the Environmental Protection Agency (EPA), to adopt standards and enforce these new laws. A decade ago, environmental liability was not a major concern for US businesses and was rarely dealt with in commercial contracts. However, the situation …

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Foreign Investment In Sub-Saharan Africa: How Changing Attitudes Have Affected The Legal Environment In The Post Cold War Era, Joel Waswa Kisubika Jan 1995

Foreign Investment In Sub-Saharan Africa: How Changing Attitudes Have Affected The Legal Environment In The Post Cold War Era, Joel Waswa Kisubika

LLM Theses and Essays

In Sub-Saharan Africa, like many other third world and former Soviet bloc countries, economic development policies revolve around raising the standard of living for their people. Therefore, they are seeking different ways to attract investment, trade, technology, and jobs. The movement towards attracting foreign investment has been paralleled by democratic political reforms and economic liberalization of previously autocratic and restrictive systems. These reforms have been enacted, mostly at the insistence of the World Bank and the International Monetary Fund, in order to deal with the severe foreign debt situation and improve Sub-Saharan Africa’s opportunities for attracting foreign investment. This paper …

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The Global Loss Of Biological Diversity: A Perspective, In The Context Of The Controversy Over Intellectual Property Rights, Ajay K. Sharma Jan 1994

The Global Loss Of Biological Diversity: A Perspective, In The Context Of The Controversy Over Intellectual Property Rights, Ajay K. Sharma

LLM Theses and Essays

All nations have a stake in preserving biodiversity for ethical, medical, and economic reasons. This thesis discusses objections to the Convention on Biological Diversity and argues for establishing international agreements that set conservation standards to which all parties can be held accountable. These agreements should also include internationally accepted standards for the protection of intellectual property rights.

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Responsibility Of The Individual Under International Law For Crimes Committed In The Context Of Armed Conflicts, Michael Reiffenstuel Jan 1994

Responsibility Of The Individual Under International Law For Crimes Committed In The Context Of Armed Conflicts, Michael Reiffenstuel

LLM Theses and Essays

In areas throughout the world, citizens have been subject to torture and murder during civil wars and other armed conflicts. Many perpetrators of these atrocities are unlikely to be prosecuted on national level; thus if justice is sought, international law must be utilized. To provide further guidance in this area, the International Law Commission submitted a draft in 1991 of its work on a Code that creates new laws, reiterates existing conventional law, and codifies customary international law. This thesis analyzes individual responsibility and the scope ratione personae, which crimes are covered, the process of enforcement and in what …

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International Responsibility Of Public International Organizations And Their Member States, Christian R. Pitschas Jan 1994

International Responsibility Of Public International Organizations And Their Member States, Christian R. Pitschas

LLM Theses and Essays

A public international organization is formed by international agreement made by states or other international organizations. This thesis examines the different types of international organizations and the requirements that must be met for the international organization to act under international law. When an international organization receives international rights and obligations, the international organization becomes an international person. This personality is analyzed and differentiated from that of a state. The granting of rights and obligations to an international organization also means that the organization will be liable for its actions and those of its organs for breaches international law. Member states …

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Liability For Injurious Consequences To The Global Climate, Sudha Rp Rao Jan 1994

Liability For Injurious Consequences To The Global Climate, Sudha Rp Rao

LLM Theses and Essays

Preservation of the environment is a major concern in the modern era. This paper explains the scientific basis of the global warning theory and the potential impacts of climate change on the environment. When regulating the causes of global warming, accountability and liability arise in the areas of both prevention of future emissions of green house gases into the atmosphere and remedial measures to clean up the damage that has already occurred. The responsibility for the costs in these areas are examined as well as the International Law Commission’s work on “Liability for Injurious Consequences Arising out of Acts not …

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Legal Foundations And Institutional Framework Of The Monetary Union In Europe And In The United States, Johan Van Den Cruijce Jan 1994

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 …

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Liberalization Of India’S Trade And Investment Policies: Pitfalls And Advantages For U.S. Firms Doing Business In India, Sanjiv Verma Jan 1994

Liberalization Of India’S Trade And Investment Policies: Pitfalls And Advantages For U.S. Firms Doing Business In India, Sanjiv Verma

LLM Theses and Essays

A rich history of trade and commerce ties America to India. This paper examines the contemporary trade issues between America and India, particularly in light of recent economic reforms in India. It inquires into and analyzes the various advantages India can provide for US businesses as a foreign investment destination. Various barriers to trade between these two nations are identified, such as tariff and nontariff barriers, quota restrictions, and infrastructural and social barriers. This paper gives a brief overview of some of the recent economic policy changes in India, suggests legislative and policy improvements required to attract more US investments …

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The North American Free Trade Agreement (Nafta): Good For Jobs, For The Environment, And For America, Thomas J. Schoenbaum Dec 1993

The North American Free Trade Agreement (Nafta): Good For Jobs, For The Environment, And For America, Thomas J. Schoenbaum

Scholarly Works

Although NAFTA's impact is primarily economic, it will also have a profound political impact, especially on relations between Mexico and the United States. In coming to the decision to seek a free trade agreement with the United States, Mexico has already made important political decisions: to jettison its defensive nationalism and fear of United States domination; to reform and liberalize its economic system; and to pave the way for democratizing its political institutions. The United States, in turn, has long sought a solid foundation to overcome its often prickly relationship with its southern neighbor and other Latin American nations. Eliminating …

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Preservation And Allocation Of Fresh Water Resources In International Law Jordan: Special Case Study, Ghada Ibrahim Abu-Ragheb Jan 1993

Preservation And Allocation Of Fresh Water Resources In International Law Jordan: Special Case Study, Ghada Ibrahim Abu-Ragheb

LLM Theses and Essays

This thesis argues for the creation of a comprehensive, developed body of international environmental law, to regulate allocation and protection of freshwater resources. The thesis gives an idea of the substantive duties and obligations of states under the developing international law of the environment in the use of international watercourses and the responsibilities and liabilities of states for breach of those duties. The thesis continues to examination of a special case study of Jordan encompassing the water resources and river disputes.

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Negotiation Of International Agreements: Legal And Practical Problems In The Third World Countries, Kuwayaway Stephen Stephen Jan 1992

Negotiation Of International Agreements: Legal And Practical Problems In The Third World Countries, Kuwayaway Stephen Stephen

LLM Theses and Essays

The purpose of this study was to investigate problems in negotiation of international agreements in Third World countries, to shed light on the salient features in negotiation agreements between developed and developing countries, and to propose measures to assess the situation. This study provides detailed description and techniques used in negotiating these agreements in international negotiations. The study reveals that when negotiating within unequal bargaining power, the weak party stands to lose because it enters the agreement without free will; consequently, the agreement becomes unenforceable. Three factors have been identified as being obstacles to freedom of contract, ie. The unequal …

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Can International Law Provide Extra-Constitutional Protection For Excludable Aliens?, Louis B. Sohn Dec 1991

Can International Law Provide Extra-Constitutional Protection For Excludable Aliens?, Louis B. Sohn

Scholarly Works

This paper focuses on the problems of those who do not qualify for a regular admission as refugees, but are detained at the entrance point, or are detained in the United States after being released on temporary parole or pending repatriation. The thesis I shall try to defend is that these persons must be treated according to basic rules of humanitarian law; that they are entitled to be treated as human beings, regardless of any particular legislation or administrative regulations depriving them of basic legal protection granted to citizens and regular residents of the country.

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Roundtable: The United States Constitution And The Adoption Of International Human Rights Instruments: Freeing The Political Logjam: Keynote Address: Proposals For The Future, Louis B. Sohn Jun 1990

Roundtable: The United States Constitution And The Adoption Of International Human Rights Instruments: Freeing The Political Logjam: Keynote Address: Proposals For The Future, Louis B. Sohn

Scholarly Works

As it has already been mentioned today, we are living in a rather exciting time as far as human rights are concerned. Since 1917, we have lived under both the shadow of the Soviet Revolution and the threat of Communism becoming the great idea of the future. We know now that this did not come to pass, and that communism has proved to be unable to assert is superiority over other existing political systems. A chance and opportunity now exists for the United States to show that it can do better, that its goal is not to take over the …

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American Acceptance Of The Jurisdiction Of The International Court Of Justice: Experiences And Prospects, Louis B. Sohn Dec 1989

American Acceptance Of The Jurisdiction Of The International Court Of Justice: Experiences And Prospects, Louis B. Sohn

Scholarly Works

The International Court of Justice ("ICJ" or "Court") is the successor to both the Permanent Court of Arbitration and the Permanent Court of International Justice. Before the first court was established in 1899, only ad hoc tribunals existed. This was due to a basic fact of international law that international tribunals possessed jurisdiction only if the parties to the case conferred it on the tribunal either for that case or previously by an international agreement. Therefore, the great problem of international law today is how to confer as much jurisdiction on the international court as possible. Now that the use …

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Conference Introduction, C. Ronald Ellington Jun 1989

Conference Introduction, C. Ronald Ellington

Scholarly Works

I am pleased to welcome everyone, especially our distinguished speakers, to this most important conference. Our purpose is to discuss ways of maintaining the post-World War II multilateral trading system between the United States and its economic parters, the OECD and the developing world. The Uruguay Round multilateral trade negotiations have given the international community a forum to thoroughly examine the possibility of brining all international trade under a common multilateral trading system, unencumbered by barriers and national interests. The liberalization of trade in services and the protection of industrial and intellectual property rights are an essential part of the …

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