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International Law Commons™

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1995

Discipline
Institution
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Publication
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Articles 31 - 60 of 511

Full-Text Articles in International Law

Judicial Jurisdiction In International Cases: The Supreme Court's Unfinished Business, Geneviève Saumier Oct 1995

Judicial Jurisdiction In International Cases: The Supreme Court's Unfinished Business, Geneviève Saumier

Dalhousie Law Journal

While the shortcomings of the common law rules of private international law were being reformed by statute in England, Canadian law, left to judicial development, remained mired in nineteenth-century thinking. A much overdue reassessment was finally undertaken by the Supreme Court earlier this decade. In Morguard Investments Ltd. v. De Savoye and Hunt v. T & N plc the Court recast the common law rules on jurisdiction and the enforcement of foreign judgments to conform with its perception of the "new world order" and Canadian federal structure. It then proceeded to endow these rules with constitutional authority. Although the Court's …

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Francovich: Light At The End Of The Marshall Tunnel, Rene Valladares Oct 1995

Francovich: Light At The End Of The Marshall Tunnel, Rene Valladares

University of Miami International and Comparative Law Review

No abstract provided.

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Real Property Law Under The Current Cuban Regime, Douglas E. Matthews Oct 1995

Real Property Law Under The Current Cuban Regime, Douglas E. Matthews

University of Miami International and Comparative Law Review

No abstract provided.

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E Visas: An Analysis Of The Legislative History And Proposed Governing Regulations, Hedayat Tahbaz Oct 1995

E Visas: An Analysis Of The Legislative History And Proposed Governing Regulations, Hedayat Tahbaz

University of Miami International and Comparative Law Review

No abstract provided.

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Property Rights In The Post-Castro Cuban Constitution, Oscar M. Garibaldi, John D. Kirby Oct 1995

Property Rights In The Post-Castro Cuban Constitution, Oscar M. Garibaldi, John D. Kirby

University of Miami International and Comparative Law Review

No abstract provided.

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The Flexible Doctrine Of Spoliation Of Evidence; Cause Of Action, Defense, Evidentiary Presumption And Discovery Sanction, Robert L. Tucker Oct 1995

The Flexible Doctrine Of Spoliation Of Evidence; Cause Of Action, Defense, Evidentiary Presumption And Discovery Sanction, Robert L. Tucker

Akron Law Faculty Publications

No abstract provided.

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Corporate Crime And Punishment In France: Criminal Responsibility Of Legal Entities (Personnes Morales) Under The New French Criminal Code (Nouveau Code Penal), Leonard Orland, Charles Cachera Oct 1995

Corporate Crime And Punishment In France: Criminal Responsibility Of Legal Entities (Personnes Morales) Under The New French Criminal Code (Nouveau Code Penal), Leonard Orland, Charles Cachera

Connecticut Journal of International Law

The task of revising France's criminal code began anew in 1978 and was renewed in 1981 under the leadership of Robert Badinter.'0 Badinter was Keeper of the Seals and Minister of Justice under the first socialist government, formed by Pierre Maurois.1 " Mr. Badinter was responsible, in 1981, for the important reform of abolition of capital punishment in France. 2 Badinter sought to "modernize the text [of the criminal code] and to place it under the symbol of human rights." 3 The new code, which emerged from hundreds of hours of debate in seven parliamentary sessions, revises the code of …

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Torts And Divorce: A Comparison Of Texas And The Mexican Federal District, Margarita Trevino Balli, David S. Coale Oct 1995

Torts And Divorce: A Comparison Of Texas And The Mexican Federal District, Margarita Trevino Balli, David S. Coale

Connecticut Journal of International Law

The indissolubility of marriage is today mainly a religious idea.' In most Western countries it is a thing of the past to believe that when a marriage ceremony takes place it can only be dissolved by the power of God. Through their divorce laws, most countries recognize that a legal marriage can only be as permanent as those involved wish it to be, and most countries allow legal terminations of marriages to permit former spouses to remarry? The legal system provides a procedure for ending marriages that is not available through most religious institutions.' The widespread recognition of legally dissolvable …

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Legislative Responses To Hiv/Aids In Africa, Kenneth J. Bartschi Oct 1995

Legislative Responses To Hiv/Aids In Africa, Kenneth J. Bartschi

Connecticut Journal of International Law

How should the legal systems of those countries hardest hit by HIV respond to the epidemic, given the enormous challenges these developing nations already face? This Comment attempts to address this complicated question by surveying and analyzing current legislative responses to HIV/AIDS by African nations. To provide the necessary context, Part I briefly describes HIV disease, its modes of transmission, and the various patterns of HIV infection around the world including an examination of conditions in Africa believed to facilitate the spread of the virus in that region. Part II provides the legal context by surveying African legislative responses and …

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Nafta's Procedural Narrow-Mindedness: The Panel Review Of Antidumping And Countervailing Duty Determinations Under Chapter Nineteen, Angel R. Oquendo Oct 1995

Nafta's Procedural Narrow-Mindedness: The Panel Review Of Antidumping And Countervailing Duty Determinations Under Chapter Nineteen, Angel R. Oquendo

Connecticut Journal of International Law

At the moment, there is some debate as to whether, and if so how, other Latin American countries should join the free trade group. Chile seems to be already on its way. Argentina, Brazil, and Columbia have expressed strong interest. It is, to be sure, uncertain whether an extension of the Agreement is at all likely in light of the political climate that has developed, particularly in the United States, following this year's financial crisis in Mexico. A more fundamental question, however, is whether an extension would be in the interest of current and potential members. My skepticism regarding any …

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The Legal Meaning Of Terrorism For The Military Commander, Louis Rene Beres Oct 1995

The Legal Meaning Of Terrorism For The Military Commander, Louis Rene Beres

Connecticut Journal of International Law

For the military commander, the legal meaning of "terrorism" has become exceedingly broad and obscure. The term is increasingly losing all operational precision since it may cover forms of both guerrilla, or "irregular," warfare' against military targets, and criminal attacks on noncombatant urban populations. As a result, planning and executing counter-terrorism operations could become excessively confused and difficult. To improve these circumstances in a timely fashion, it will be necessary to recognize the centrality of definition. Before U.S. military forces can be expected to cope effectively with terrorism, they must, at a minimum, be able to identify exactly what constitutes …

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Sept. 18, 1995, Treasury Sec. R. Rubin, Letter To Vp Al Gore Jr. Re Ifc Envtl Standards, Robert E. Rubin Sep 1995

Sept. 18, 1995, Treasury Sec. R. Rubin, Letter To Vp Al Gore Jr. Re Ifc Envtl Standards, Robert E. Rubin

IFC E&S Performance Standards

No abstract provided.

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Sept. 12, 1995, Cong. N. Pelosi And Cong. J. Porter, Letter To Treasury Sec. R. Rubin Re Ifc Polices, Nancy Pelosi Sep 1995

Sept. 12, 1995, Cong. N. Pelosi And Cong. J. Porter, Letter To Treasury Sec. R. Rubin Re Ifc Polices, Nancy Pelosi

IFC E&S Performance Standards

No abstract provided.

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Sept. 12, 1995, Cong. N. Pelosi And Cong. J. Porter, Letter To Wb Pres. J. Wolfensohn Re Ifc Policies, Nancy Pelosi Sep 1995

Sept. 12, 1995, Cong. N. Pelosi And Cong. J. Porter, Letter To Wb Pres. J. Wolfensohn Re Ifc Policies, Nancy Pelosi

IFC E&S Performance Standards

No abstract provided.

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Forced Displacement In The Former Yugoslavia: A Crime Under International Law?, Michael P. Roch Sep 1995

Forced Displacement In The Former Yugoslavia: A Crime Under International Law?, Michael P. Roch

Penn State International Law Review (1982 - 2011)

No abstract provided.

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Conflicting Trends In The Flourishing International Trade Of Art And Antiquities: Restitutio In Integrum And Possessio Animo Ferundil Lucrandi, Michael J. Kelly Sep 1995

Conflicting Trends In The Flourishing International Trade Of Art And Antiquities: Restitutio In Integrum And Possessio Animo Ferundil Lucrandi, Michael J. Kelly

Penn State International Law Review (1982 - 2011)

No abstract provided.

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Pitfalls And Imperatives: Applying The Lessons Of Nuremberg To The Yugoslav War Crimes Trials, Kevin R. Chaney Sep 1995

Pitfalls And Imperatives: Applying The Lessons Of Nuremberg To The Yugoslav War Crimes Trials, Kevin R. Chaney

Penn State International Law Review (1982 - 2011)

No abstract provided.

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July 18, 1995, D. Hunter And L. Udall, Ltr To I. Shihata, Re Role Of General Counsel In Panel Cases, David Hunter, Lori Udall Jul 1995

July 18, 1995, D. Hunter And L. Udall, Ltr To I. Shihata, Re Role Of General Counsel In Panel Cases, David Hunter, Lori Udall

World Bank Inspection Panel 1994-Present

This letter is part of an exchange between David Hunter of CIEL and Lori Udall, prompted by a letter sent to President Wolfensohn regarding a claim by the NGOs that the Board and the Panel should have independent legal counsel to advise them on the interpretation of the Resolutions. This has been a long-standing conflict relating to maintaining the independence of the Panel.

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The Security Council's First Fifty Years, Frederic L. Kirgis Jul 1995

The Security Council's First Fifty Years, Frederic L. Kirgis

Scholarly Articles

None available.

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A Lion In The Path? The Influence Of International Law On The Immigration Policy Of The United States, Joan Fitzpatrick, William Mckay Bennett Jul 1995

A Lion In The Path? The Influence Of International Law On The Immigration Policy Of The United States, Joan Fitzpatrick, William Mckay Bennett

Washington Law Review

This article explores the place of international law in the immigration policy process in four settings: (1) the tentative and ultimately failed efforts of the executive and the judiciary to keep Congress within the bounds of internationally law-abiding conduct with respect to Chinese exclusion; (2) the almost complete disregard by Congress and the executive of international norms concerning health-related travel restrictions relating to HIV/AIDS; (3) Congressional inaction in the face of executive and judicial hypocrisy toward fundamental principles of refugee law in relation to interdiction of asylum-seekers; and (4) the emergence of a perverse canon presuming the abrogation of uncodified …

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Brazil Jul 1995

Brazil

University of Miami Inter-American Law Review

No abstract provided.

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The Strategic Targeting Of Diligence: A New Perspective On Stemming The Illicit Trade In Art, Julia A. Mccord Jul 1995

The Strategic Targeting Of Diligence: A New Perspective On Stemming The Illicit Trade In Art, Julia A. Mccord

Indiana Law Journal

No abstract provided.

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The Reach Of Rights In The New Russian Constitution, Antti Korkeakivi Jul 1995

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.

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Sovereignty, Economic Integration, And The World Trade Organization, Susan Hainsworth Jul 1995

Sovereignty, Economic Integration, And The World Trade Organization, Susan Hainsworth

Osgoode Hall Law Journal

Economic integration is altering the role of the state and the concept of sovereignty in international law. Intensifying economic interdependence has rendered sovereignty almost meaningless for an isolated state. However, the transfer and pooling of sovereignty in a jointly designed and mutually acceptable legalistic international institution allows state interests to be both respected and represented at the international level. After addressing the European Union model for managing advanced economic integration, the paper examines the extent to which the legal and institutional attributes of the new World Trade Organization represents a move towards a more legalistic international trade order, entailing a …

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Jun. 30, 1995, Sen. J. Kerry And Rep. J. Porter, Co-Chairs Of Globe, Letter To Vice Pres Al Gore Re Ifc Information Policy, John F. Kerry, John Edward Porter Jun 1995

Jun. 30, 1995, Sen. J. Kerry And Rep. J. Porter, Co-Chairs Of Globe, Letter To Vice Pres Al Gore Re Ifc Information Policy, John F. Kerry, John Edward Porter

IFC E&S Performance Standards

No abstract provided.

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May 10, 1995, C. Dobson, Letter To L. Summers, Undersecretary For Int'l Affairs, Treasury Re Adb And Ifc Policies, Chad Dobson May 1995

May 10, 1995, C. Dobson, Letter To L. Summers, Undersecretary For Int'l Affairs, Treasury Re Adb And Ifc Policies, Chad Dobson

IFC E&S Performance Standards

No abstract provided.

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Black/Parallel Markets: When Is A Money Exchanger A Money Launderer?, Wilmer Parker Iii May 1995

Black/Parallel Markets: When Is A Money Exchanger A Money Launderer?, Wilmer Parker Iii

Penn State International Law Review (1982 - 2011)

No abstract provided.

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Civil Disclosure And Freezing Orders: Recovering Property From Overseas, Marvin G. Pickholz, James Bernard May 1995

Civil Disclosure And Freezing Orders: Recovering Property From Overseas, Marvin G. Pickholz, James Bernard

Penn State International Law Review (1982 - 2011)

No abstract provided.

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Developing Countries And Multilateral Trade Agreements: Law And The Promise Of Development, Chantal Thomas May 1995

Developing Countries And Multilateral Trade Agreements: Law And The Promise Of Development, Chantal Thomas

Cornell Law Faculty Publications

No abstract provided.

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Global Trends In Securities Regulation: The Changing Legal Climate, Dr. Barry A.K. Rider May 1995

Global Trends In Securities Regulation: The Changing Legal Climate, Dr. Barry A.K. Rider

Penn State International Law Review (1982 - 2011)

No abstract provided.

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