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Full-Text Articles in International Law

Con Ley En Sus Mentes: Algunas Reflexiones En La Naturaleza De La Ley Internacional Publica A La Luz De La Teoria De La Ciencia Politica Actual, Carlos Fernando Diaz Jan 1998

Con Ley En Sus Mentes: Algunas Reflexiones En La Naturaleza De La Ley Internacional Publica A La Luz De La Teoria De La Ciencia Politica Actual, Carlos Fernando Diaz

ILSA Journal of International & Comparative Law

La conclusi6n a la cual llegu6 durante mi tiempo en la Oficina Extranjera era que el orden internacional viejo no era un fen6meno natural al que la humanidad habia ajustado su conducta ni una agregaci6n fortuita de eventos pasados innumerables de interacci6n humana.


Foreign Corrupt Practices Act: Compliance Issues From A German And European Perspective, Andreas G. Junius Jan 1998

Foreign Corrupt Practices Act: Compliance Issues From A German And European Perspective, Andreas G. Junius

ILSA Journal of International & Comparative Law

Corruption has become a major topic of almost daily attention within the media. It has been of varying degrees of concern in different countries. Historic and cultural differences play a role. In some Asian or Arab cultures, for instance, the bakshish mentality is a way of life and is socially accepted.


The Rule Of Law Initiative At The United States Institute Of Peace, Charles Duryea Smith Jan 1998

The Rule Of Law Initiative At The United States Institute Of Peace, Charles Duryea Smith

ILSA Journal of International & Comparative Law

Thank you so much, Valerie, for the invitation to join you today. I have chosen what I think is an important part of the larger subject of Peace and Democracy: The Link and the Policy Implications; it is the rule of law.


Software Protection: Copyrights, Patents, Trade Secrets And/Or Sui Generis, Karl F. Jorda Jan 1998

Software Protection: Copyrights, Patents, Trade Secrets And/Or Sui Generis, Karl F. Jorda

ILSA Journal of International & Comparative Law

What is the best form of protection for software has been and still is a most unsettled and vexing - and hence very topical - issue in intellectual property (IP) law and practice.


Section 1782 Of Title 28 (U.S. Code): Is There A Discoverability Requirement?, Gregory F. Hauser Jan 1998

Section 1782 Of Title 28 (U.S. Code): Is There A Discoverability Requirement?, Gregory F. Hauser

ILSA Journal of International & Comparative Law

There is an excellent, thorough, and relatively recent discussion of the issue in a student note by Peter Metis.' These remarks supplement and update that discussion.


Truth And Reconciliation Commissions, Angelika Schlunck Jan 1998

Truth And Reconciliation Commissions, Angelika Schlunck

ILSA Journal of International & Comparative Law

Truth and reconciliation commissions have played a critical role in a number of countries that had to come to terms with a past marked by protracted conflict, civil strife, violence, and massive human rights abuse. The most widely known example is the Truth and Reconciliation Commission established in 1995 in South Africa to examine Apartheid-Era crimes.


International Law And The Implementation Of The American Bar Association Resolution Regarding The American Bar Association Resolution Regarding The Death Penalty, Ved P. Nanda Jan 1998

International Law And The Implementation Of The American Bar Association Resolution Regarding The American Bar Association Resolution Regarding The Death Penalty, Ved P. Nanda

ILSA Journal of International & Comparative Law

My assignment is to consider the emerging international norms and how they might affect implementation of the American Bar Association (ABA) resolution calling for a moratorium on the imposition and enforcement of the death penalty.'


Lost In Paradise: Lobbying Strategies For Public International Law Issues, Bruce Zagaris Jan 1998

Lost In Paradise: Lobbying Strategies For Public International Law Issues, Bruce Zagaris

ILSA Journal of International & Comparative Law

Increasingly in an interconnected world, Americans and people throughout the world are encountering situations in which their human rights are abused abroad. People are traveling to exotic parts of the world that have not experienced the extent of foreign penetration. Simultaneously, the enormous gaps between wealthy and impoverished


The Federal Common Law Of Universal, Obligatory, And Definable Human Rights Norms, Derek P. Jinks Jan 1998

The Federal Common Law Of Universal, Obligatory, And Definable Human Rights Norms, Derek P. Jinks

ILSA Journal of International & Comparative Law

International law is part of United States law. Indeed, international law - or the "law of nations" in eighteenth century parlance - has been considered part of United States law since the founding. The Judiciary Act of 1789, the enabling legislation of Article III, establishes federal court jurisdiction over torts committed in violation of the law of nations.


Can A State Commit A Crime? Definitely, Yes!, Alain Pellet Jan 1998

Can A State Commit A Crime? Definitely, Yes!, Alain Pellet

ILSA Journal of International & Comparative Law

As is well known, the International Law Commission (ILC) decided in 1976 to include an article in its Draft Articles on State Responsibility that makes a distinction between normal international wrongful acts, which it called delicts, on the one hand, and exceptionally grave breaches of international law which it called international crimes, on the other hand.


Ngoc Efforts Towards The Creation Of A Regional Human Rights Arrangement In The Asia-Pacific Region, Ali Mohsin Qazilbash Jan 1998

Ngoc Efforts Towards The Creation Of A Regional Human Rights Arrangement In The Asia-Pacific Region, Ali Mohsin Qazilbash

ILSA Journal of International & Comparative Law

I feel honored to be given an opportunity to speak at this panel on an issue which has a lot to do with a part of the world I belong to. NGOs in Asia and the Pacific have been crucial to the struggle for a regional human rights arrangement. Indeed it is they who have kept both the debate over and the struggle for an Asian human rights system alive.


Creating And Conducting In-Class Simulations In Public International Law: A Producer's Guide, Andrew L. Strauss Jan 1998

Creating And Conducting In-Class Simulations In Public International Law: A Producer's Guide, Andrew L. Strauss

ILSA Journal of International & Comparative Law

I define an in-class simulation as any classroom exercise that attempts to depict real-life events. Simulations can be extremely elaborate attempts to enact complex proceedings, or they can be as simple as having two students spontaneously represent lawyers making opposing arguments during class discussion.


Diplomatic Immunity: To Have Or Not To Have, That Is The Question, Mark S. Zaid Jan 1998

Diplomatic Immunity: To Have Or Not To Have, That Is The Question, Mark S. Zaid

ILSA Journal of International & Comparative Law

The question of whether diplomats should be fully immune from criminal prosecution, no matter what the alleged crime, is one that is neither new nor free from dispute. As a matter of international law and United States domestic law, the source of the immunity and the extent to which it extends is quite clear.


International Protection Of The Consumer, Javier Alberto Toniollo Jan 1998

International Protection Of The Consumer, Javier Alberto Toniollo

ILSA Journal of International & Comparative Law

It is necessary to make some introductory remarks on this matter in which private international law should provide fair solutions. The right of consumers in private law is reflected as a legal microsystem of consumer protection.


El Silogismo Argentino, Jose' Fabricio Longhin Jan 1998

El Silogismo Argentino, Jose' Fabricio Longhin

ILSA Journal of International & Comparative Law

La ley de economia es una de las demostraciones mis actuales y complejas del espectro de ley de nuestra 6poca.


Unlimited And Limited Liability In The Commercial Code Of Ethiopia, Michael P. Porter Jan 1998

Unlimited And Limited Liability In The Commercial Code Of Ethiopia, Michael P. Porter

ILSA Journal of International & Comparative Law

The conventional wisdom of those conversant with the law of personal liability of owners of a business is that sole proprietors and general partners always have unlimited liability for the debts of a business which they own.


Comments In The International Law Association Panel On The Yugoslav Tribunal: November 13, 1998, Theodor Meron Jan 1998

Comments In The International Law Association Panel On The Yugoslav Tribunal: November 13, 1998, Theodor Meron

ILSA Journal of International & Comparative Law

I have been asked to assess briefly the track record of the Yugoslav tribunal. I would like to mention three aspects: the tribunal as an institution; the tribunal as a court of law; and, finally, the contribution of the tribunal to deterrence of crimes and to reconciliation between the peoples of the region.


Review Essay-The Relucant Sheriff, Iv Ashton Jan 1998

Review Essay-The Relucant Sheriff, Iv Ashton

ILSA Journal of International & Comparative Law

Dr. Haas sums up his basic approach as follows: "I propose that the United States adopt a foreign policy based on the notion of regulation."


Islamic Law In Sudan: A Comparative Analysis, Kent Benedict Gravelle Jan 1998

Islamic Law In Sudan: A Comparative Analysis, Kent Benedict Gravelle

ILSA Journal of International & Comparative Law

Since the late 1970's, Islamic fundamentalism and violence has spread from the Middle East to as far away as Algeria in West Africa and Mindanao, an island in the Philippines.


An Analysis Of The Jurisdiction Of The International Criminal Tribunal For War Crimes In The Former Yugoslavia, Joshua M. Koran Jan 1998

An Analysis Of The Jurisdiction Of The International Criminal Tribunal For War Crimes In The Former Yugoslavia, Joshua M. Koran

ILSA Journal of International & Comparative Law

It is important not to confuse criminality with jurisdiction.' The term criminality is usually associated with the legislative authority to proscribe conduct.


Pleadings And Authorities, Arden Jan 1998

Pleadings And Authorities, Arden

ILSA Journal of International & Comparative Law

Under customary international law, criminal defendants have a fundamental right to a fair trial.


Ilsa Journal Of International And Comparative Law, Ilsa Journal Of International & Comparative Law Jan 1998

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

ILSA Journal of International & Comparative Law

It is necessary to make some introductory remarks on this matter in which private international law should provide fair solutions. The right of consumers in private law is reflected as a legal microsystem of consumer protection.


Ilsa Journal Of International & Comparative Law: International Practitioner's Notebook, Ilsa Journal Of International & Comparative Law Jan 1998

Ilsa Journal Of International & Comparative Law: International Practitioner's Notebook, Ilsa Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.


Challenges For An Independent Asian Human Rights Commission, Bina D'Costa Jan 1998

Challenges For An Independent Asian Human Rights Commission, Bina D'Costa

ILSA Journal of International & Comparative Law

While there exists a solid body of principles and a wide-ranging and growing number of institutions currently working to promote and protect human rights in Asia, there have unfortunately been few consolidated regional efforts for legal enforcement against violations. An Asian Human Rights Commission is the most logical and sought after body for this purpose.


Responsabilidad Limitada E Il1/1/1998 Imitada En El Codigo De Comercio De Etiopia, Michael P. Porter Jan 1998

Responsabilidad Limitada E Il1/1/1998 Imitada En El Codigo De Comercio De Etiopia, Michael P. Porter

ILSA Journal of International & Comparative Law

El punto de vista convencional de aquellos que conocen las leyes sobre la responsabilidad personal de los propietarios de un negocio es que propietarios finicos y socios generales (sociedades personalistas) siempre tienen responsabilidad ilimitada por las deudas de su negocio.


Peace And Democracy: The Link And The Policy Implications, Valerie Epps Jan 1998

Peace And Democracy: The Link And The Policy Implications, Valerie Epps

ILSA Journal of International & Comparative Law

The United Nations Charter prohibits "the threat or use of force against the territorial integrity or political independence of any state."' This is the great peace principle of international law, described by Professor Thomas Franck as "the apex of the global normative system...


Asset Forfeiture: Home And Abroad, Steven L. Kessler Jan 1998

Asset Forfeiture: Home And Abroad, Steven L. Kessler

ILSA Journal of International & Comparative Law

Good intention will always be pleaded for every assumption of power.... [T]he Constitution was made to guard the people against the dangers of good intentions. There are men in all ages who mean to govern well, but they mean to govern. They promise to be good masters, but they mean to be masters. -Daniel Webster


Freedom Of Speech, Freedom Of The Press, And Their Limits, Jose' Sebastian Elias, Juan Cruz Diaz Jan 1998

Freedom Of Speech, Freedom Of The Press, And Their Limits, Jose' Sebastian Elias, Juan Cruz Diaz

ILSA Journal of International & Comparative Law

Nowadays, mass media, with its unstoppable and astonishing development, has reached a level of importance in our lives that was unimaginable few years ago. This new situation is inherent in modem societies. Without it, our lifestyle would be different; maybe better, maybe worse, but certainly different from the way we know it today.


The Facilitation Of National And International Accountability Mechanisms: The Creation Of The International Legal Assistance Consortium (Iliac), Mark S. Ellis Jan 1998

The Facilitation Of National And International Accountability Mechanisms: The Creation Of The International Legal Assistance Consortium (Iliac), Mark S. Ellis

ILSA Journal of International & Comparative Law

In early 1997, Professor M. Cherif Bassiouni' assembled a group of individuals to discuss the creation of a set of guiding principles for combatting impunity for international crimes. The group included myself, Professor Michael Scharf,2 Professor Paul Williams,3 and Professor Madeline Morris.


Swapping Amnesty For Peace And The Duty To Prosecute Human Rights Crimes, Diane F. Orentlicher Jan 1997

Swapping Amnesty For Peace And The Duty To Prosecute Human Rights Crimes, Diane F. Orentlicher

ILSA Journal of International & Comparative Law

I am fortunate to have as a foundation for my remarks Professor Roht-Arriaza's lucid presentation of the principal sources of international law bearing on amnesties for gross violations of human rights.