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1998

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Articles 391 - 420 of 659

Full-Text Articles in International Law

Is There A Growing International Arbitration Culture?, Whitmore Gray Jan 1998

Is There A Growing International Arbitration Culture?, Whitmore Gray

Book Chapters

The topic given to Prof. Taniguchi and myself for this opening session is a question, "Is there a growing international arbitration culture?" This seems to call for a survey of attitudes and practices peculiar to international arbitration in order to answer the question. The more extended comment of the organizers assumes, as most of us would, however, that such a culture exists, and assigns to us the task of considering what laws and rules are now being developed to implement this "international culture". We also noted that the organizers expressed their conviction that this Conference must have practical and cultural …

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Wto And Un Law, Antonio F. Perez Jan 1998

Wto And Un Law, Antonio F. Perez

Scholarly Articles

This Article argues that the U.S. and EC views of the national security interests exceptions reflect competing conceptions of the WTO legal order. Under the first, the WTO is viewed as merely an agreement between states governing a limited issue area, the disciplining of protectionist policies, under which other issue areas are reserved to sovereign state decisionmaking or, alternatively, whatever other international institutions states have separately granted competence for management of the issue. Under this view, the United States might well argue that its Helms-Burton sanctions are outside the jurisdiction of the WTO and instead within the jurisdiction of the …

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Progress For Pilgrims: An Analysis Of The Holy See-Israel Fundamental Agreement, Geoffrey R. Watson Jan 1998

Progress For Pilgrims: An Analysis Of The Holy See-Israel Fundamental Agreement, Geoffrey R. Watson

Scholarly Articles

This Article asks whether international human rights law obliges states to admit foreign pilgrims, and if so, whether the existence of such an obligation should influence interpretation of the Fundamental Agreement. Part I of this Article takes up a logically prior question: whether the Fundamental Agreement is a legally binding treaty, and whether it should be interpreted in accordance with treaty law. The Article rejects recent suggestions that one or both parties lack the capacity to make treaties, and it concludes that the Agreement is a binding treaty that should be interpreted in accordance with the Vienna Convention on the …

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The Fundamental Agreement Between The Holy See And The State Of Israel: A Symposium, Marshall J. Breger Jan 1998

The Fundamental Agreement Between The Holy See And The State Of Israel: A Symposium, Marshall J. Breger

Scholarly Articles

No abstract provided.

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Panel Discussion Jan 1998

Panel Discussion

American University International Law Review

No abstract provided.

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The Prosecution Of Josef Altstoetter Et Al.: Law, Lawyers And Justice In The Third Reich Jan 1998

The Prosecution Of Josef Altstoetter Et Al.: Law, Lawyers And Justice In The Third Reich

Penn State International Law Review (1982 - 2011)

No abstract provided.

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Inter-American Systems News, Nichole Grimm Jan 1998

Inter-American Systems News, Nichole Grimm

Human Rights Brief

No abstract provided.

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News From The International War Crimes Tribunals, Ewen Allison Jan 1998

News From The International War Crimes Tribunals, Ewen Allison

Human Rights Brief

No abstract provided.

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The Rome Treaty For An International Criminal Court: A Framework Of International Justice For Future Generations, Jerry Fowler Jan 1998

The Rome Treaty For An International Criminal Court: A Framework Of International Justice For Future Generations, Jerry Fowler

Human Rights Brief

No abstract provided.

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An International Drug Administration: Curing Uncertainty In International Pharmaceutical Product Liability, Katherine A. Davis Jan 1998

An International Drug Administration: Curing Uncertainty In International Pharmaceutical Product Liability, Katherine A. Davis

Northwestern Journal of International Law & Business

This comment will demonstrate how discrepancies among product li- ability standards and different interpretations of their application have cre- ated fear and uncertainty in the pharmaceutical industry. This fear has caused distortions in the market, increased costs for both manufacturers and consumers, and chilled the research and development of new products. To combat these problems, this comment proposes that the United States, the European Union, and Japan work together to create a new international, uniform system of product liability for pharmaceutical products. Harmo- nizing the standard of liability for pharmaceuticals among these regimes has proven inadequate to stop inconsistency and …

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The Kalanke Ruling: Gender Equality In The European Labor Market, Ann Donahue Jan 1998

The Kalanke Ruling: Gender Equality In The European Labor Market, Ann Donahue

Northwestern Journal of International Law & Business

Part I of this note describes the facts that lead up to the ruling in Ka- lanke v. Freie Hansesetadt Bremen and critiques the decision of the ECJ. Since the Court's reasoning lacks depth and precedence, Part II examines the opinion of the Advocate General to explain the possible reasoning be- hind the decision. Part III scrutinizes the degree of cohesiveness between the Kalanke ruling and subsequent decisions by the ECJ. Part IV follows the reactions of the European market to Kalanke. Part V examines propos- als to minimize the effects of the decision. Finally, the note proposes statutory language …

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The Law "On The State Registration Of Rights In Real Property": Encouraging Or Deterring Foreign Investment In The Russian Federation?, William R. Siegel Jan 1998

The Law "On The State Registration Of Rights In Real Property": Encouraging Or Deterring Foreign Investment In The Russian Federation?, William R. Siegel

Northwestern Journal of International Law & Business

The Law "On the State Registration of Rights in Real Property" of July 21, 1997 (the "Registration Law" or "the Law") constitutes a major step towards the achievement of an effective national registration system and, concomitantly, a viable real estate market for foreign investors in the Russian Federation ("RF"). Prior to this law, foreign investors could not rely upon a formal system of state registration to protect their interests in real property.To remedy this problem, the Registration Law creates a system that, at least on paper, is comparable to Western registration systems in its consistency, accessibility and certainty. However, the …

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Conference Adjournment, Claudio Grossman, Aryeh Neier Jan 1998

Conference Adjournment, Claudio Grossman, Aryeh Neier

American University International Law Review

No abstract provided.

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Toward Fifty Years Of Constitutionalism And Fundamental Rights In India: Looking Back To See Ahead (1950-2000), Vijayashri Sripati Jan 1998

Toward Fifty Years Of Constitutionalism And Fundamental Rights In India: Looking Back To See Ahead (1950-2000), Vijayashri Sripati

American University International Law Review

No abstract provided.

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U.S.-Mexican Extradition Policy: Were The Predictions Right About Alvarez?, Argiro Kosmetatos Jan 1998

U.S.-Mexican Extradition Policy: Were The Predictions Right About Alvarez?, Argiro Kosmetatos

Fordham International Law Journal

This Comment analyzes the effect of such predictions on current U.S.-Mexican extradition policy. Part I examines the events leading up to the Court's controversial ruling in Alvarez in the context of established principles and legal precedent on extradition and foreign abductions. Part II describes how controversial the Court's decision was on a domestic and global scale. Specifically, Part II explores opposition from the international community, including responses from the Mexican government and other Latin American countries. Part II also examines domestic reactions to the decision among commentators and scholars, executive leaders, federal courts, and members of the U.S. Congress ("Congress"). …

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Defining Crimes Against Humanity In The Rome Statute Of The International Criminal Court, Phylilis Hwang Jan 1998

Defining Crimes Against Humanity In The Rome Statute Of The International Criminal Court, Phylilis Hwang

Fordham International Law Journal

In Part I, this Article surveys the evolution of crimes against humanity. This part reviews interpretations of crimes against humanity by post-World War II tribunals, national courts, and the International Law Commission ("ILC"). Part II examines the formulation of crimes against humanity in the statutes that established the International Criminal Tribunals for the former Yugoslavia ("ICTY") and the International Criminal Tribunal for Rwanda ("ICTR"). It also looks at how the reports issued in connection with the ICTY statute and the case law from the ICTY dealt with crimes against humanity. Part III draws some preliminary conclusions regarding the status of …

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1948-1998 : The Universal Declaration Of Human Rights And The Statute Of The International Criminal Court, Adriaan Bos Jan 1998

1948-1998 : The Universal Declaration Of Human Rights And The Statute Of The International Criminal Court, Adriaan Bos

Fordham International Law Journal

I am pleased to comply with the request of the Editorial Board of the Fordham International Law Journal to introduce the readers to Book II of Volume 22, devoted to international human rights. This year we celebrate two important events: the adoption in Rome of the Statute of the International Criminal Court ("Rome Statute"), and the Fiftieth Anniversary of the Universal Declaration of Human Rights ("Universal Declaration"). Both events are very closely linked to one other. The adoption of the Rome Statute can be considered an implementation of part of the Universal Declaration. Many articles of the Rome Statute can …

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Toward Peace In Northern Ireland, George J. Mitchell Jan 1998

Toward Peace In Northern Ireland, George J. Mitchell

Fordham International Law Journal

That is one side of the coin of liberty. When we adjourned for the Christmas holiday the prospects were bleak. It was in mid-February 1998, on the flight from Dublin back to the United States, that I began to devise a plan to establish an early deadline for an end to the talks. He stayed up all night at the White House, telephoning several of the delegates at critical times in the final hours of negotiation. Most importantly for its survival, the agreement was overwhelmingly endorsed by the people of Ireland, North and South, in a free and democratic election. …

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The Good Friday Agreement: An Overview, Bertie Ahern Jan 1998

The Good Friday Agreement: An Overview, Bertie Ahern

Fordham International Law Journal

On 22 May, it received the overwhelming endorsement of the people of Ireland in referendums, North and South. For the first time, a precise mechanism has been defined - and accepted by the British Government - by which a united Ireland can be put in place, by the consent of Irish people and that alone. This involves setting up a new North-South Ministerial Council to develop consultation, co-operation and action within the island of Ireland on matters of mutual interest and establishing, as a start, at least six implementation bodies operating on a cross-border or all-island basis. The people, North …

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International Order, Political Community, And The Search For A Eurpoean Public Philosophy, Ian Ward Jan 1998

International Order, Political Community, And The Search For A Eurpoean Public Philosophy, Ian Ward

Fordham International Law Journal

The shaping of international order, and the place of concepts such as law and community within that order, has emerged as one of the most pressing issues in contemporary legal and political thought. This Essay examines three recent theses, each of which attempts to locate a public philosophy appropriate to the emerging new world order. Part I of this Essay takes a look at these theses: the orthodox Kantian theory of international relations, as recently articulated by Fernando Teson in A Philosophy of International Law, the liberal communitarian theory, which has been eloquently restated by Martha Nussbaum in Cultivating Humanity: …

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The Good Friday Agreement: A Triumph Of Substance Over Style, Kate Fearon, Monica Mcwilliams Jan 1998

The Good Friday Agreement: A Triumph Of Substance Over Style, Kate Fearon, Monica Mcwilliams

Fordham International Law Journal

This Essay consists of five parts. Part I locates the Agreement in a series of constitutional attempts to resolve the "Irish question" from 1971 onwards, arguing that the Agreement is both similar to, yet fundamentally different from, other settlement propositions. Part II introduces the reader to the Northern Ireland Women's Coalition (or "NIWC"), saying something of its founding rationale and environment before considering its priorities for the political process in which it found itself immersed in May 1996. Part III further outlines the role that the NIWC assumed in that process, and its modus operandi, going on to describe the …

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The Belfast Agreement, Duncan Shipley-Dalton Jan 1998

The Belfast Agreement, Duncan Shipley-Dalton

Fordham International Law Journal

The Belfast Agreement (or "Agreement"), to give it its proper name, reached at Stormont on Good Friday 1998, is an important document of Irish history. It is certainly a political text, but it has important legal effects. And these I wish to emphasize. As a member of the Ulster Unionist Party ("UUP") - elected later to the Northern Ireland Assembly - I accepted the Agreement on April 10 as the best opportunity for the return of power to all the people of Northern Ireland. At the time of writing (early March 1999), the major issue remains the decommissioning of Irish …

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Human Rights And Economic Sanctions: The New Imperialism, Christopher Wall Jan 1998

Human Rights And Economic Sanctions: The New Imperialism, Christopher Wall

Fordham International Law Journal

The point of this Essay is to examine the role of economic sanctions, particularly those taken unilaterally by the United States, in influencing the development of human rights policies worldwide. In some cases those unilateral sanctions are imposed without considering cultural differences behind the human rights themselves. In other instances, the United States fails to consider the effectiveness of those sanctions. In still other situations, the United States fails to realize important self-determination issues or the idea of participating in the broader international community. In all cases, the United States, in its role as international arbiter of human rights, needs …

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Why Decommissioning Is A Real Issue, John Bruton Jan 1998

Why Decommissioning Is A Real Issue, John Bruton

Fordham International Law Journal

The Nationalist minority in Northern Ireland is protected by the Agreement. One of the principles to which both Sinn Fein and the Progressive Unionist Party agreed in 1997 was that they gave their "total and absolute commitment to the total disarmament of all paramilitary organisations." It is important for a U.S. audience to understand that those of us in Ireland who are concerned to maintain certain basic norms of representative democracy have good reasons to insist on the principle of the decommissioning of paramilitary weapons, regardless of who the weapons are held by, or for what motive. But if one …

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Legality, Legitimacy, And Democratic Renewal: The New Assembly In Context, Colin Harvey Jan 1998

Legality, Legitimacy, And Democratic Renewal: The New Assembly In Context, Colin Harvey

Fordham International Law Journal

This Essay examines the structure and functions of the new Northern Ireland Assembly within the context of the constitutional changes in the Britain and Ireland. Since its election in May 1997, the new Labour Government has been steadily putting in place key constitutional reforms. The changes were widely discussed, both internally while the party was in opposition and externally within the scholarly community. The Labour Government came to power on a manifesto that promised substantial constitutional reform with an emphasis on decentralization and participation. It is evident that the change of government had an impact on the process in Northern …

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The Northern Ireland Human Rights Commission, Stephen Livingstone Jan 1998

The Northern Ireland Human Rights Commission, Stephen Livingstone

Fordham International Law Journal

The extent of these powers [...powers to scrutinize proposed legislation before the Northern Ireland Assembly for its compliance with human rights standards, to assist litigants in bringing human rights complaints before the courts, and to conduct investigations into matters that give rise to human rights concerns...advising the Secretary of State for Northern Ireland as to whether any additional human rights, beyond those to be introduced for the whole of the United Kingdom by the Human Rights Act 1998, should be included in a Bill of Rights specific to Northern Ireland...], and their adequacy to the task that the Commission is …

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Constitutionalism And Change: Representation, Governance, And Participation In The New Northern Ireland, John Morison Jan 1998

Constitutionalism And Change: Representation, Governance, And Participation In The New Northern Ireland, John Morison

Fordham International Law Journal

This Essay assesses the achievement of restoring representative government and also considers whether this is enough given the changes that have occurred since last there was devolved government in Northern Ireland. Finally, it examines those aspects of the Agreement that can be developed in line with a view that the constitution should now be seen much less as a structure of rule than a framework for rule within the wider task of democratizing democracy in the new Northern Ireland.

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Dash For Agreement: Temporary Accommodation Or Lasting Settlement?, Dennis Kennedy Jan 1998

Dash For Agreement: Temporary Accommodation Or Lasting Settlement?, Dennis Kennedy

Fordham International Law Journal

The same dilemma remains for those in Northern Ireland today who genuinely want peace, reconciliation, and stability, but who at the same time see in what is termed the peace process, if not deceit, then much glossing over, a lot of ambiguity, and a deal of bad history. In 1921 the new institutions in Northern Ireland, the regional government and Parliament began life under the fiercest onslaught from Irish nationalism, both within its own boundaries and from the rest of the island. It was also critical of the early peace process under which John Hume of the SDLP had commenced …

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From The Margins To The Mainstream: Human Rights And The Good Friday Agreement, Paul Mageean, Martin O'Brien Jan 1998

From The Margins To The Mainstream: Human Rights And The Good Friday Agreement, Paul Mageean, Martin O'Brien

Fordham International Law Journal

This Essay examines the process by which the language of human rights moved to center stage in the political process. It looks to peace processes elsewhere to determine whether the Agreement is deserving of the High Commissioner's special praise and analyzes, from a human rights perspective, the content of the Agreement and the extent to which the promises made therein have been fulfilled to date.

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Mainstreaming Equality In The Governance Of Northern Ireland, Christopher Mccrudden Jan 1998

Mainstreaming Equality In The Governance Of Northern Ireland, Christopher Mccrudden

Fordham International Law Journal

The purpose of this Article is to discuss this change, concentrating on the development of the approach to equality in the Agreement, and its subsequent incorporation into the Northern Ireland Act of 1998 ("Act"), which now forms the legal basis for the new constitutional settlement in Northern Ireland. The Agreement's approach is that equality should be "mainstreamed" in the future governance of Northern Ireland. But, following the Agreement, there was a real danger that equality would be pushed back to the margins. Fortunately, a coalition of the disadvantaged and politicians ensured that this did not happen. The Act, taken together …

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