International Law Commons^™

To The Suburbs Of Baghdad: Clinton's Extension Of The Southern Iraqi No-Fly Zone, Alain E. Boileau

ILSA Journal of International & Comparative Law

In the early morning hours of September 3, 1996, the United States conducted military strikes against an old foe., Once again United States guns were discharging upon the nation of Iraq and its obstinate leader, Saddam Hussein.

Universality Of Human Rights And Thedeath Penalty-The Approach Of The Human Rights Committee, Markus G. Schmidt

ILSA Journal of International & Comparative Law

The application of the death penalty has occupied a number of United Nations human rights treaty bodies, and in particular the Human Rights Committee established under article 28 of the International Covenant on Civil and Political Rights (hereinafter referred to as ICCPR).

State Collaboration In United States Ratification Of Human Rights Treaties, James A. R. Nafziger

ILSA Journal of International & Comparative Law

The process in the United States of negotiating and ratifying human rights treaties seldom engages the states, either individually or collectively.

The Likely Legacies Of Tadic, Jose E. Alvarez

ILSA Journal of International & Comparative Law

How will historians and others judge the Balkan war crimes tribunal? In my brief time, I would like to indicate how the prosecution of Tadic, the first case before that tribunal, has raised some doubts about that body's legitimacy and likely legacy.

What Price Peace: From Nuremberg To Bosnia To The Nobel Peace Prize, Malvina Halberstam

ILSA Journal of International & Comparative Law

In the fifty years that have elapsed since the Nuremberg Trials, we have made tremendous progress in the development of human rights.

Low-Intensity Conflict And The Law, L. C. Green

ILSA Journal of International & Comparative Law

The term low-intensity conflict is relatively new in military and political language and is employed more or less synonymously with noninternational conflict, especially when such a conflict becomes of international concern.

Asil International Law Weekend: Panel On Internal Conflicts, Michael J. Matheson

ILSA Journal of International & Comparative Law

As John Crook has pointed out, most of the armed conflicts of recent years have been internal rather than international, and most of the suffering of the civilian population has occurred in these internal conflicts

Who's Afraid Of The Croc: Objections To The Convention On The Rights Of The Child, Alison Dundes Rentein

ILSA Journal of International & Comparative Law

The painfully slow process of securing the United States ratification of human rights treaties is a well established part of American history.

The Role Of N.G.O.S In U.S. Ratification Of Human Rights Treaties, Jeffery Huffines

ILSA Journal of International & Comparative Law

The United States has been ambivalent in its attitude toward the United Nations and toward human rights in particular. On the one hand United States legal experts have been instrumental in helping to craft the United Nations Covenants and Conventions.

The New Dynamics Of Self-Determination, Valerie Epps

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.

Universality Of Human Rights: The Case Of The Death Penalty, Christina M. Cerna

ILSA Journal of International & Comparative Law

THE ISSUE OF THE UNIVERSALITY OF HUMAN RIGHTS

Forty-five years after the adoption of the Universal Declaration of Human Rights the international community met in Vienna to elaborate the human rights agenda for the next twenty-five years.

International Humanitarian Law After Bosnia, Jean-Philippe Lavoyer

ILSA Journal of International & Comparative Law

To start, I would like to thank Professor Paust for inviting the International Committee of the Red Cross (I.C.R.C.) to participate in this panel. Its subject is indeed closely linked to the I.C.R.C.

Protection Of Internally Displaced Persons In Internal Conflicts, Luke T. Lee

ILSA Journal of International & Comparative Law

There are some thirty million internally displaced persons (IDPs) today as compared to fifteen million refugees. The root causes generating refugees and IDPs are essentially the same: armed conflicts and human rights abuses. While refugees are protected by a number of international treaties and organizations, and are enjoying comparative safety in countries of asylum or resettlement, IDPs are not - supposedly on the ground that since IDPs are within their own country, their government should be responsible for their protection.

International Criminal Law And The Cambodian Killing Fields, Diane F. Orentlicher

ILSA Journal of International & Comparative Law

I have been asked to discuss various models that might be available to address crimes committed by the Khmer Rouge during its murderous reign in the 1970s.

Must Russia Return The Artwork Stolen From Germany During World War Ii?, Steven Costello

ILSA Journal of International & Comparative Law

In February 1995, the Pushkin museum in Moscow exhibited sixty three paintings, including paintings from German private and museum collections prior to World War II.1 One month later, the Hermitage in St. Petersburg exhibited seventy-four paintings, of which almost all were owned by the German government or its citizens before the war.

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

ILSA Journal of International & Comparative Law

No abstract provided.

Application Of The United States' Law Of Countervailing Duties To Nonmarket Imports: Effects Of The Recent Foreign Reforms, James A. Meszaros

ILSA Journal of International & Comparative Law

The last several years have been marked by considerable economic reform in nonmarket countries. The changes which have occurred have undoubtedly impacted upon United States' law and policy with respect to the United States' treatment of those countries.

The Criminalization Of Hate Propaganda A Clash Of Ideals Between Canada And The United States, Eric Wolfman

ILSA Journal of International & Comparative Law

This paper will attempt to make the case that the criminalization of racist speech in the form of hate propaganda could survive a First Amendment challenge. Section I examines the elemental harms caused by hate propaganda and the compelling reasons why such speech should be criminalized

United States Asylum Law: The Failure Of The United States To Accommodate Women's Gender-Based Asylum Claims, Nancy C. Ciampa

ILSA Journal of International & Comparative Law

"Give me your tired, your poor, Your huddled masses yearning to breathe free, The wretched refuse of your teeming shore. Send these, the homeless, tempest tossed to me: I lift my lamp beside the golden door." Those are the words of Emma Lazarus, inscribed on the Statute of Liberty.

The Formation Of International Law In The 21st Century, John De Saram

ILSA Journal of International & Comparative Law

The methods and procedures of the Commission, as in the case of all human endeavors, need, of course, to be kept under regular review and to be improved wherever advisable. The methods and procedures of the Commission were referred to in the Sixth (the Legal) Committee of the UN General Assembly over the two weeks just passed, in the course of Sixth Committee consideration of the Report of the Commission.

Developing Countries, Tax Treaties And The United Nations Model Tax Convention, Peter D. Byrne

ILSA Journal of International & Comparative Law

Welcome everyone. My name is Peter Byrne. I am the Deputy Director of the International Tax Program at Harvard Law School. We have a great panel this morning, and I think you will be very interested in what they have to say. I will introduce them before we start.

International Law And Land Mines, Joerg Wimmers

ILSA Journal of International & Comparative Law

The Review Conference in Vienna' has failed to adopt a revised Convention due to unbridgeable differences among delegations on a strengthened Protocol II of the Convention (Land Mine Protocol). Almost all important provisions of the Protocol were contentious and a number of delegations showed very limited room to move toward a compromise.

When Are Economic Sanctions Effective? Selected Theorems And Corollaries, W Michael Reisman

ILSA Journal of International & Comparative Law

Economic sanctions may take many forms and may be applied unilaterally or multilaterally, but like all uses of the economic instrument, they involve the purposive threat or actual granting or withholding of economic indulgences, opportunities, and benefits by one actor or group of actors in order to induce another actor or group of actors to change or adjust an internal or external policy.

What Role, If Any, Will The United Nations Play In The Maintenance Of International Peace And Security Over The Next Fifty Years?, Thomas J. Donlon

ILSA Journal of International & Comparative Law

After two years of close observation of the United Nations struggling to answer the challenge of Article 7 of its Charter "to maintain international peace and security," I have become an optimist on the question of the United Nations' future, if nonetheless a cautious, realistic one. Whether the United Nations will have such a role, however, depends on the collective ability of the international community to learn from the past fifty years of the organization

International Law And Anti-Personnel Land Mines, Michael J. Matheson

ILSA Journal of International & Comparative Law

The Convention on Conventional Weapons was adopted in 1980 to limit the use of conventional weapons that present special risks of causing unnecessary suffering or indiscriminate effects. The Convention currently contains three Protocols, each of which regulates the use of a specific type of weapons

The Right To Cultural And Religious Self-Determination: Lessons From The Experience Of Native Americans, Allison M. Dussias

ILSA Journal of International & Comparative Law

In seeking to vindicate their right to self-determination, indigenous peoples seek not only recognition and protection of land rights and political rights, but also recognition and protection of cultural and religious rights.

La Actividad Reciente Antes De La Corteinternacional De La Justicia: Tendencia 0 Ciclo, Gary L. Scott, Heather Macgregor Bothwell, Jennifer Pennell

ILSA Journal of International & Comparative Law

Siguiendo el rechazo de los Estados Unidos para participar en el caso de Nicaragua', y su retiro subsiguiente de la Ilamada cldusula opcional, un gran ambiente de pesimismo rode6 el futuro de la Corte Internacional de Justicia

Un Estudio Comparativo De La Ley Judaica Y La Ley Constitucional De Los Estados Unidos Sobre La Pena Capital, Steven Davidoff

ILSA Journal of International & Comparative Law

Desde 1966 a 1972, a pesar de estatutos permitiendo la pena capital en la mayoria de los estados, s6lo tres hombres fueron ejecutados en todos los Estados Unidos. Un observador objetivo habria citado esta tendencia como un pron6stico del abandono gradual de esta pena definitiva.

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

ILSA Journal of International & Comparative Law

No abstract provided.

The European Market: Creating A Unified Competitive Banking System, Cam F. Justice

ILSA Journal of International & Comparative Law

The creation of a single market among countries, which just over fifty years ago were engaged in one of the bloodiest wars in history, is one of the greatest experiments ever. The movement toward a single market in Europe has undergone countless changes since the creation of the European Coal and Steel Community (ECSC) in 1951.