International Law Commons^™

International Law And Private Foreign Investment, Elihu Lauterpacht, C.B.E., Q.C.

Indiana Journal of Global Legal Studies

No abstract provided.

Introduction: The Earl A. Snyder Lecture In International Law, Alfred C. Aman

Indiana Journal of Global Legal Studies

No abstract provided.

The Role Of The United Nations In Dealing With Global Problems, Jost Delbruck

Indiana Journal of Global Legal Studies

In this article, Professor Jost Delbruck maintains that the United Nations

(U.N) has evolved beyond its original conception as merely an international

organization designed to facilitate cooperation between its various Member

States. As evidence of this transformation, Delbruck offers examples of UN.

practice and its impact. In particular, UN. regulation concerning global

commons and human rights has encouraged globalization by confirming

limitations on States' rights and sovereignty. Further, the UN. practice of

involving non-governmental organizations has helped to expand (or globalize)

the recognized subjects of international law.

According to Delbriuck, the UN. has become a global actor with a

meaningful …

National Legal Restructuring In Accordance With International Norms: Gatt/Wto And China's Trade Reform, Thomas Man

Indiana Journal of Global Legal Studies

No abstract provided.

Feminism, Globalization And Culture: After Beijing, L. Amede Obiora

Indiana Journal of Global Legal Studies

In this article, Professor Obiora begins with the premise that the

credibility of traditional legal frameworks has eroded, because the law

remains unable to relieve the oppressions and polarization between cultures,

even in the wake of global institutional transformations that seem to help the

oppressed, particularly women. Professor Obiora offers the Beijing Platform

for Action as a radical new solution for human rights protection, radical in

that it is one of the first declaratives to transcend the previous dichotomy of

issues among women by expressing a commitment to a global framework in

which to address these issues, particularly the feminization …

Globalization In Question: The International Economy And The Possibilities Of Governance, By Paul Hirst And Grahame Thompson, Jeffery A. Hart

Indiana Journal of Global Legal Studies

No abstract provided.

A Noble Sacrifice? Jus Ad Bellum And The International Community's Gamble In Chechnya, Peter Daniel Dipaola

Indiana Journal of Global Legal Studies

No abstract provided.

Midwifery: An International Legal Perspective - The Need For Universal Legal Recognition, Danielle Rifkin

Indiana Journal of Global Legal Studies

No abstract provided.

Green And Global: A Review Of Trading Up: Consumer And Environmental Regulations In A Global Economy, By David Vogel; Greening The Gatt: Trade, Environment, And The Future, By Daniel C. Esty; And Financing Change: The Financial Community, Eco-Efficiency, And Sustainable Development, By Stephan Schmidheiny And Federico J. L. Zorraquin, Aseem Prakash

Indiana Journal of Global Legal Studies

No abstract provided.

Faculty Highlights

Alfred Aman Jr. (1991-2002)

No abstract provided.

Notes From Asia, Alfred C. Aman Jr.

Alfred Aman Jr. (1991-2002)

No abstract provided.

The United Nations Convention Of The Rights Of The Child: A Feminist Landmark, Cynthia Price Cohen

William & Mary Journal of Race, Gender, and Social Justice

The United Nations Convention on the Rights of the Child,1 adopted by the General Assembly on November 20, 1989, is a ground-breaking human rights treaty for many reasons. It had the largest number of signatories on the day that it was opened for signature.2 It went into force more quickly than any other human rights treaty;3 it reached near-universal ratification by mid-1996;4 and it protects the entire range of human rights: civilpolitical, economic-social-cultural, and humanitarian.5 In addition, the Convention's monitoring mechanism gives unique powers to its monitoring body, the Committee on the Rights of the Child.6 Unfortunately, these achievements have …

Reservations To The Convention On The Elimination Of All Forms Of Discrimination Against Women And The Convention On The Rights Of The Child, William A. Schabas

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

The Comparative And The Critical Perspective In International Agreements, Ángel Oquendo

Faculty Articles and Papers

No abstract provided.

The Helms-Burton Act: The Effect Of International Law On Domestic Implementation , W.Fletcher Fairey

American University Law Review

No abstract provided.

Protecting The Least Respected: The Girl Child And The Gender Bias Of The Vienna Convention's Adoption And Reservation Regime, Linda A. Malone

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Playing The Culture Card In Resisting Cross-Jurisdictional Transplants: A Comment On "Legal Processes And National Culture", John D. Jackson

Cardozo Journal of International and Comparative Law

The article critiques Oscar Chase's argument that cultural differences between nations, particularly Germany and the United States, pose formidable barriers to transplanting legal procedures from one jurisdiction to another. While acknowledging the importance of culture in shaping legal institutions, the analysis suggests that the influence of national culture on legal processes is more nuanced and less deterministic than Chase implies. It argues that legal systems are capable of change and adaptation, and that globalization and convergence of legal traditions may mitigate the predicted cultural misfit.

The Harmonization Of Law And Mexican Antitrust: Cooperation Or Resistance?, James E. Crawford

Indiana Journal of Global Legal Studies

No abstract provided.

Non-Governmental Organizations And Global Activism: Legal And Informal Approaches, Wendy Schoener

Indiana Journal of Global Legal Studies

No abstract provided.

On Mission In The Middle East: Reflections From Jerusalem And Ramallah, David Fidler

Articles by Maurer Faculty

No abstract provided.

Connecticut Compendium Of International And Comparative Legal Scholarship

Connecticut Journal of International Law

Welcome to the eighth Connecticut Compendium of International and Comparative Legal Scholarship. The Compendium is a compilation of abstracts from international and comparative law journals throughout the United States. Each participating journal has supplied the Connecticut Journal of International Law with synopses of the articles and student-written materials published between Fall 1996 and Summer 1997. The issue abstracts, alphabetized by journal name, are set forth herein as they were received, without substantial editing.

An International Criminal Court?, James Crawford

Connecticut Journal of International Law

I am asked to speak on the prospects for a permanent international criminal court. That idea has been around, in some form or other, for a considerable time, and for almost the whole of that time it has had no realistic chance of success. Now that for various reasons there is some if limited chance of achieving such a court, there is a tendency on the part of some proponents to favour maximalist versions of a court. This being the only likely chance, it is said, let us take that chance and do it properly. This is not, it is …

Toward An International Civil War Claims Tribunal, Jon O. Newman

Connecticut Journal of International Law

Distinguished members of the panel and distinguished guests in the audience. Whenever people consider the relationship of law to such matters as the violation of international human rights, I think there is a tension between what can occur and what ought to occur, what the regulatory force of law is and what, if I can call it this, its aspirational effect is. The first speaker said that if these treaties, documents, and conventions are not enforced, they are not worth anything. Well, I largely agree with that, but not entirely. It seems to me that law, while it fundamentally has …

The United Nations' War Crimes Tribunals: An Assessment, Richard Goldstone

Connecticut Journal of International Law

Dean MacGill, Professor Janis, ladies and gentlemen. I have been asked by Professor Janis to concentrate during the next thirty minutes on the utility of the International Criminal Tribunal for the former Yugoslavia (hereinafter "ICTY"). I understand that Professor Sohn, who will follow, will talk about the history of war crimes tribunals. In particular, he will concentrate on the legacy of war crimes tribunals and will discuss the differences between the International Military Tribunals, i.e., the Nuremburg and Tokyo tribunals set up after the Second World War, and the ad hoc criminal tribunals set up by the United Nations in …

The Capacity Of Judicial Institutions To Play An Affirmative Role In The International Protection Of Human Rights: Implications For And From Domestic Law, Ellen Ash Peters

Connecticut Journal of International Law

The judgments at Nuremberg, although principally significant for international law, have also cast their shadow on the evolution of developments in the law of human rights as a matter of national law. Because my only experience is that of a domestic academician and judge, it is only national law about which I have any competence to speak. Recognizing that the relationship between national and international law is far removed from the main focus of this conference, I will limit this report to three somewhat disparate observations

The Utility Of International Criminal Courts, Mark Weston Janis

Connecticut Journal of International Law

The purpose of this brief introduction is to set the Hartford conference into an intellectual context, specifically the framework posed by Grotius. What exactly is the utility of international criminal courts? The three international criminal courts mostly considered below are Nuremberg itself, the International Criminal Tribunal for the Former Yugoslavia, and the proposed permanent International Criminal Court. Two other international criminal tribunals, the Tokyo War Crimes Tribunal and the International Criminal Tribunal for Rwanda are not treated in depth. Although the theoretical justifications advanced at Hartford for the utility of international criminal courts are many and varied, it seems possible …

Remarks: The Legacy Of Nuremberg October 18, 1996, Christopher J. Dodd

Connecticut Journal of International Law

President Austin, Chief Justice Callahan, honored guests, ladies and gentlemen. Today, we are gathered to conclude and commemorate the Thomas J. Dodd Center's year-long symposium on human rights and the rule of law. It has been an exciting year. When we dedicated the center a year ago, we were honored by the presence of Nobel Laureates Elie Wiesel and Oscar Arias, as well as the President of the United States, Bill Clinton. Since then, we hosted the Schweitzer Environmental Youth Ward, we dedicated the Simon Konover Auditorium, and in between we held symposiums, programs, and debates on relevant human rights …

Address Given At The University Of Connecticut School Of Law, October 18, 1996, Rudolf Bernhardt

Connecticut Journal of International Law

JUDGE BERNHARDT: Mr. Chairman, ladies and gentlemen, at first I would like to say that I'm very grateful to the Law School and to Dean McGill for having been invited to this conference and for having the opportunity to address this distinguished audience. Over the years I have studied many human rights texts, both national and international texts. And now we have to add the provisions in the Dayton and Paris Agreements on Bosnia and Herzegovina to our studies. And now I have also sometimes my dreams like Judge Ajibola, and my dream is if I could close my eyes …

From Nazi Germany And Japan To Yugoslavia And Rwanda: Similarities And Differences, Louis B. Sohn

Connecticut Journal of International Law

When the Allied Powers arranged for the Nuremberg Trial of Nazi war criminals, and a little later for the Tokyo Trial of Japanese war criminals, they hoped that this would be a deterrent against any recurrence of such atrocities. In fact, in the few international conflicts involving wars between states, the atrocities committed were limited and usually punished by the state of the offenders. Unfortunately, however, internecine wars of genocidal or ethnicidal proportions had occurred inside States between factions fighting for the government of a state or for a separation from it. It happened, for instance, in Afghanistan, Angola, Cambodia, …

Human Rights In The Federation Of Bosnia-Herzegovenia, Bola Ajibola

Connecticut Journal of International Law

In a way, the Yugoslavian crisis started as far back as 1980, with the end of Tito's iron reign in the Socialist Federal Republic of Yugoslavia. The animosities and mistrust between the theoretically equal republics of the federation, which had been suppressed and submerged during the strict one-party leadership of Tito, found very fertile soil in the severe economic problems: hyper-inflation, unemployment, and high debt profile. These problems rocked Yugoslavia in the second half of that decade. Another factor of the Yugoslavian crisis was the wave of political reformations and revolutions that consumed Eastern Europe. On June 25, 1991 Slovenia …