International Law Commons^™

Trial Of The Century? Assessing The Case Of Dusko Tadic Before The International Criminal Tribunal For The Former Yugoslavia, Mark S. Zaid

ILSA Journal of International & Comparative Law

It is more than bitter irony that nearly fifty years to the day after the International Military Tribunal in Nuremberg rendered its judgment, we are here today analyzing the first international war crimes trial held since the end of World War II.

Panel Discussion On International Environmental Crimes: Problems Of Enforceable Norms And Accountability, Myron H. Nordquist

ILSA Journal of International & Comparative Law

This panel's scope of discussion covers norms as well as compliance regarding international environmental crimes during both times of peace and armed conflict.

Justice In The Wake Of Genocide: The Case Of Rwanda, Madeline H. Morris

ILSA Journal of International & Comparative Law

During three months in 1994, genocide was committed in Rwanda. Two years after those events, and notwithstanding efforts at both national and international levels to bring the perpetrators to justice, the first case has yet to go to trial

Toward The Enforcement Of Universal Human Rights Through Abrogation Of The Rule Of Non-Inquiry In Extradition, Richard J. Wilson

ILSA Journal of International & Comparative Law

In June of 1995, the Mexican government requested the extradition of former Deputy Attorney General Mario Ruiz Massieu, who was accused of engaging in a cover-up in the investigation of the assassination of his own brother, a top official in Mexico's ruling party.

Developing Jurisprudence On The Rights Of Youth: Review Of Problems And Prospects: North-South, William D. Angel

ILSA Journal of International & Comparative Law

Whatever civilization one analyses in history, one invariably finds generational conflicts of youth rebelling against the various systems (legal, political, economic, and/or socio-cultural) established by their adult generation.

Challenges Facing Inter-Governmental Political Negotiations Which Are Common To International Business Negotiators: An Analysis Of Shared Concerns, Yassin El-Ayouty

ILSA Journal of International & Comparative Law

Two PROVERBS AND INTRODUCTION

The thesis of this article is that the commonality of challenges facing both inter-governmental negotiators and international business negotiators is more predominant than the differences in these two situations.

Concerns Over The Rule Of Law And The Court Of Final Appeal In Hong Kong, Jared Leung

ILSA Journal of International & Comparative Law

On Wednesday, July 12, 1995, for the first time in the 150-year colonial history of Hong Kong, the Hong Kong Legislative Council (Legco) voted on a motion of no-confidence against its British-appointed Governor, Chris Patten.

Infancy And Maturity: A Comparison Of The Canadian Charter Of Rights And Freedoms And The United States Constitution, Bruce E. Shemrock

ILSA Journal of International & Comparative Law

The Canadian Charter of Rights and Freedoms' (Charter) was Canada's first foray into constitutional governance. It represents Canada's first specific guarantees of individual liberty on a constitutional level.

Jus Cogens And The Inherent Right To Self Defense, Carin Kahgan

ILSA Journal of International & Comparative Law

The arms embargo has deprived Bosnia-Hercegovina of the right of legitimate self-defense. It has caused the destruction of the country, deepened the war and caused genocide. It has tied the hands of the attacked and helped the aggressor

Rape Of Muslim Women In Wartime Bosnia, Adriana Kovalovska

ILSA Journal of International & Comparative Law

For almost four years, former Yugoslavia was ravaged by a war in which acts of incomprehensible and shocking cruelty were carried out on an enormous magnitude. Among the atrocities were the rapes of an estimated 30,000 to 50,000 Bosnian women by the Serbian military

Self-Determination: An Affirmative Right Or Mere Rhetoric?, Halim Moris

ILSA Journal of International & Comparative Law

Yves Beigbeder, an international scholar, once asked, "If self-determination is an internationally recognized principle, why does it not apply to the people of West Iran, East Timor, Tibet, Kashmir and other territories, as it has been applied to other colonial territories?

Analysis Of The Hamburg Rules On Marine Cargo Insurance And Liability Insurance, Eun Sup Lee

ILSA Journal of International & Comparative Law

There has been an increasing interest on the effects of the United Nations Convention on the Carriage of Goods by Sea (Hamburg Rules) on the double insurance problem which arises whenever a proposal to modify a carrier's liability regime is under discussion.

Namibia Opinion Revisited: A Gap In The Current Arguments On The Power Of The Security Council, Tadashi Mori

ILSA Journal of International & Comparative Law

This article discusses the interpretation of Article 25' of the United Nations Charter that was offered by the International Court of Justice in its advisory opinion of June 21, 1971 (Namibia Opinion).2 It is a topic that is unfortunately overlooked by the current arguments concerning the power of the revived Security Council.

Deportation Of Criminal Aliens And The Termination Of Judicial Review By The Anti-Terrorism And Effective Death Penalty Act Of 1996, Orville Mckenzie

ILSA Journal of International & Comparative Law

Perhaps the most intellectually challenging legal question which has baffled jurists might have been answered by the Anti-Terrorism and Effective Death Penalty Act of 1996.' It is the question of whether Congress has the power to eliminate all the subject matter jurisdiction of article III courts.

Unfulfilled Obligations: The Situation Of The Ethnic Hungarian Minority In The Slovak Republic, Geri L. Haight

ILSA Journal of International & Comparative Law

The Slovak Republic is a microcosm of the political and economic transformations occurring in Central and Eastern Europe following the 1989 collapse of the Soviet Union.' Although the change of political systems in the region occurred quite rapidly, it is clear that democratic states are not born overnight.

The Developing Jurisprudence Of The Rights Of The Child - Contributions Of The Hague Conference On Private International Law, Peter H. Pfund

ILSA Journal of International & Comparative Law

I would like this morning to discuss with you three multilateral treaties produced since 1980 by the international organization known as the Hague Conference on Private International Law

International Application Of The National Environmental Policy Act, Wayne J. Carrol

ILSA Journal of International & Comparative Law

In 1969, Congress passed the National Environmental Policy Act (NEPA)' with the objective of causing governmental agencies to consider environmental impact in their decision-making. Questions arose early regarding who had standing to initiate judicial review under the Act, and what the proper scope was for consideration of environmental effects of agency actions.

Health-Care Access For The Elderly Of Industrialized Nations: Fallen And Can't Get Up?, Joann Babiak

ILSA Journal of International & Comparative Law

Canada, and England have developed and funded national health programs in keeping with this entitlement philosophy. The United States government, though stopping short of providing every citizen health-care access as a right,' has entitled various groups through federally funded programs.

A Defense Of Unilateral Or Multi-Lateral Intervention Where A Violation Of International Human Rights Law By A State Constitutes An Implied Waiver Of Sovereignty, Mitchell A. Meyers

ILSA Journal of International & Comparative Law

This paper seeks to defend United States intervention in states that violate international human rights law. To explain the modem framework behind the legal justifications for intervention, it is necessary to review the historical development of international human rights law, the concept of sovereignty, and the continuing conflict between the two principles.

Circumnavigating International Space Law, Ty S. Twibell

ILSA Journal of International & Comparative Law

Man's exploration of space is often analogized to his exploration of the ancient oceans. Ancient sea-explorers faced obstacles of uncharted oceans and land. They also faced difficulties in finding the means and financing to make their discoveries. Space industrial development suffers difficulties as well, however, many of the difficulties are legal obstacles.

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

ILSA Journal of International & Comparative Law

The arms embargo has deprived Bosnia-Hercegovina of the right of legitimate self-defense. It has caused the destruction of the country, deepened the war and caused genocide.

Throw Them To The Wolves: Asylum And Asylum Law, Enid H. Adler

ILSA Journal of International & Comparative Law

This paper may raise more questions than it answers. The plight and saga of the ship Golden Venture, Chinese and specific case studies will be employed to illustrate the issues addressed. Space limits this paper to an overview of the topic.

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

ILSA Journal of International & Comparative Law

The term self-determination still teeters on the borders of evolving legal precept, expression of political will, and universal human aspiration. The concept never quite settles down into a black letter law pronouncement or a clearly understood political dynamic.

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

ILSA Journal of International & Comparative Law

In 1969, Congress passed the National Environmental Policy Act (NEPA)' with the objective of causing governmental agencies to consider environmental impact in their decision-making. Questions arose early regarding who had standing to initiate judicial review under the Act, and what the proper scope was for consideration of environmental effects of agency actions.

The World Bank And Human Rights: Indispensable Partnership Or Mismatched Alliance?, Halim Moris

ILSA Journal of International & Comparative Law

The recent escalation of human rights abuses around the world has led many to question the effectiveness of the current methods used to enforce and/or monitor human rights around the globe.

Russian Minorities In The Newly Independent States, John Quigley

ILSA Journal of International & Comparative Law

One of the legal issues left by recent territorial change in Eastern Europe is the status of persons of a former majority group who become a minority. This issue has presented particular difficulties where, the remaining population is of an ethnic group that formerly held a predominant role vis-d-vis an ethnic group that, as a result of the territorial change, has become a majority.

An Introduction To The Developing Jurisprudence Of The Rights Of The Child, Cynthia Price Cohen

ILSA Journal of International & Comparative Law

The Convention on the Rights of the Child was adopted by the United Nations General Assembly on November 20, 1989.' At the time of the International Law Association's 1996 International Law Weekend, 187 countries had ratified the Convention.

A Fronte Praecipitium A Tergo Lupi:' Towards An Assessment Of The Trial Of Dusko Tadic Before The Icty, Raymond M. Brown

ILSA Journal of International & Comparative Law

The voyage towards an evaluation of the first international war crimes trial in fifty years is perilous

Indirect Incorporation Of Human Rights Treaty Provisions In Criminal Cases In United States Courts, Mark Andrew Sherman

ILSA Journal of International & Comparative Law

The Treaties

The recent ratification by the United States of the International Covenant on Civil and Political Rights (ICCPR)' and the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (Torture Convention)2 raise important possibilities for the rights of criminal defendants in United States courts

A Human Rights Agenda For The Next Administration, Gare A. Smith

ILSA Journal of International & Comparative Law

I would like to thank the American branch of the International Law Association for inviting me here today. It's a pleasure to join such a distinguished group of business people, scholars, and community leaders.