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International Law Commons

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1998

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Articles 421 - 450 of 659

Full-Text Articles in International Law

Computer Technology For The Benefit Of The Rule Of Law: Communication And Research, Carl A. Yirka Jan 1998

Computer Technology For The Benefit Of The Rule Of Law: Communication And Research, Carl A. Yirka

Fordham International Law Journal

This Essay suggests a number of ways in which rule of law partners in the United States and abroad with modest technical background might more easily communicate, plan, coordinate, and research joint projects. Without the new computer technologies it would be very difficult to conduct rule of law projects between partners in the United States and Russia. Recent advances in technologies now make communication with colleagues across the world by computer easier than ever.


The Commission's Role In The Igc's Drafting Of The Treaty Of Amsterdam, Michel Petite Jan 1998

The Commission's Role In The Igc's Drafting Of The Treaty Of Amsterdam, Michel Petite

Fordham International Law Journal

This essay shall attempt to describe initially how the Commission approached the Amsterdam negotiation in the first place. It will explore the institutional issues that it addressed and the strategies it implemented. It then evaluates the likely impact of the new provisions of the Treaty of Amsterdam upon the Commission.


The Recent Evolution Of The European Union, Marcelino Oreja Jan 1998

The Recent Evolution Of The European Union, Marcelino Oreja

Fordham International Law Journal

I believe that we need to compare the constitutional systems of the two most important players on the international stage to obtain a more clear idea of the difficulties, the problems, and also the different attitudes that may exist on both sides. Mutual comprehension between the United States and the European Union, and transatlantic cooperation in general, are essential for the structuring of international relations. It is useful to take a brief look at what is changing in Europe. If we leave aside the different reactions to the relative successes and failures of the Treaty of Amsterdam, as well as …


Does The Ec Council Directive No. 95/46/Ec Mandate The Use Of Anonymous Digital Currency?, Julia Alpert Gladstone Jan 1998

Does The Ec Council Directive No. 95/46/Ec Mandate The Use Of Anonymous Digital Currency?, Julia Alpert Gladstone

Fordham International Law Journal

This Essay focuses on the relationship between the privacy and the retail payment systems on the Internet. Part I of this Essay reviews several payment mechanisms that are in use or that have been introduced for retail commerce on the Internet. The description is not intended to offer a thorough study of the technology, but rather to highlight the data trail that is created under each method. Part II reviews the relevant statutory and self-regulatory mechanisms that have been applied to the Internet to ensure privacy. This leads to a discussion of the European Community's data protection directive, Council Directive …


A New Human Right--The Right To Globalization, Michael D. Pendleton Jan 1998

A New Human Right--The Right To Globalization, Michael D. Pendleton

Fordham International Law Journal

This Essay attempts to give globalization an ideology and suggests that global identity and allegiance will use the law to establish these ideals. It argues that the principal tool will be extensions via the legal device of human rights--an individual's human right to globalization. This Essay also argues that national allegiance and globalization cannot stand together. Today, national allegiance is an anachronism and simply wrong. In the past, it was, in many cases, considered a virtue and resulted often in the highest individual self-sacrifice for the common good. Human rights to globalization, it is argued, entail at least the following …


Social Policy And Employment Aspects Of The Treaty Of Amsterdam, Patrick Venturini Jan 1998

Social Policy And Employment Aspects Of The Treaty Of Amsterdam, Patrick Venturini

Fordham International Law Journal

Commenting on employment and social policy gives me the opportunity to start by pointing out how positive the outcome of the Treaty of Amsterdam (or “Treaty”) was in those fields. Indeed, the following four main fields are concerned with substantial extensions or reinforcements of European Community (“EC” or “Community”) competencies and responsibilities following the Amsterdam Summit: employment, social policy, equality between men and women, and fundamental rights and non-discrimination. Last but not least, the strengthening of the co-decision procedure, which is now the principal legislative procedure and requires a joint decision of the Council and the European Parliament, does affect …


Know Your Customer Regulations And The International Banking System: Towards A General Self-Regulatory Regime, Daniel Mulligan Jan 1998

Know Your Customer Regulations And The International Banking System: Towards A General Self-Regulatory Regime, Daniel Mulligan

Fordham International Law Journal

This Comment discusses the implementation of “Know Your Customer” (KYC) regulation and its effect on the international banking system. Part I of this Comment explains general legal concepts and trends in international money laundering including background of the drug trade, money laundering process and techniques, and U.S. and international regulatory efforts to combat the money laundering problem. Part II examines the history and the purpose of KYC principles and the proposed regulations. Part III maintains that the rejection of the proposed regulations is appropriate. This Comment concludes that the U.S. government should permit U.S. banks to self-regulate and that a …


Orchestrating Transatlantic Approaches To Personal Data Protection: A European Perspective, Graham Pearce, Nicholas Platten Jan 1998

Orchestrating Transatlantic Approaches To Personal Data Protection: A European Perspective, Graham Pearce, Nicholas Platten

Fordham International Law Journal

The purpose of this Essay is to examine current EU and U.S. approaches to data protection in the context of the debate about transborder data flows. Part I begins by outlining the EU approach and the criteria governing data transfers to third countries. Part II examines the scope for self-regulation by organizations to safeguard personal data. Part III reviews the main features of the U.S. model of data protection. Then Part IV critically examines several recent U.S. initiatives to enhance privacy in the light of the EU criteria. This Essay concludes by assessing the potential for reconciling the discontinuities between …


Russian Organized Crime, Kevin Mason Jan 1998

Russian Organized Crime, Kevin Mason

Case Western Reserve Journal of International Law

No abstract provided.


The Meaning Of Nuremberg, Henry T. King Jr. Jan 1998

The Meaning Of Nuremberg, Henry T. King Jr.

Case Western Reserve Journal of International Law

No abstract provided.


Securities Fraud Over The Internet: The Flies In The Ointment And A Hope Of Fly Paper, Kevin Mason Jan 1998

Securities Fraud Over The Internet: The Flies In The Ointment And A Hope Of Fly Paper, Kevin Mason

Case Western Reserve Journal of International Law

comment


Eagle Over The Ice: The U.S. In The Antarctic, Jennifer M. Meyers Jan 1998

Eagle Over The Ice: The U.S. In The Antarctic, Jennifer M. Meyers

Case Western Reserve Journal of International Law

Note: This is the second book review in the PDF file.


Overcoming The Legal And Historical Obstacles To Privitization: The Telecommunications Sector In Thailand, Joseph C. Blasko Jan 1998

Overcoming The Legal And Historical Obstacles To Privitization: The Telecommunications Sector In Thailand, Joseph C. Blasko

Case Western Reserve Journal of International Law

No abstract provided.


The United States And Canada: A Comparison Of Corporate Nonrecognition Provisions, Catherine Brown, Christine Manolakas Jan 1998

The United States And Canada: A Comparison Of Corporate Nonrecognition Provisions, Catherine Brown, Christine Manolakas

Case Western Reserve Journal of International Law

No abstract provided.


Flickering Lamp Beside The Golden Door: Immigration, The Constitution, & Undocumented Aliens In The 1990s, Michael R. Curran Jan 1998

Flickering Lamp Beside The Golden Door: Immigration, The Constitution, & Undocumented Aliens In The 1990s, Michael R. Curran

Case Western Reserve Journal of International Law

No abstract provided.


Recommended Measures Under The Antarctic Treaty: Hardening Compliance With Soft International Law, Christopher C. Joyner Jan 1998

Recommended Measures Under The Antarctic Treaty: Hardening Compliance With Soft International Law, Christopher C. Joyner

Michigan Journal of International Law

This article examines the process by which ATCM recommended measures are created, the status of these instruments under international law, and the implementation record by Antarctic Treaty governments for these instruments since 1961.


The Right To Return Under International Law Following Mass Dislocation: The Bosnia Precedent?, Eric Rosand Jan 1998

The Right To Return Under International Law Following Mass Dislocation: The Bosnia Precedent?, Eric Rosand

Michigan Journal of International Law

On the night of May 2, 1997, some twenty-five abandoned Serb houses were set on fire in the Croat-controlled municipality of Drvar, part of the Muslim-Croat Federation of Bosnia and Herzegovina. It was clear from all the circumstances that Croats organized the arson of houses in Drvar to obstruct the return of the original Serb residents to the area. Croat authorities then made a concerted effort to resettle displaced Croats in Drvar in order to solidify a stretch of "ethnically-pure" territory adjacent to the Republic of Croatia. These displaced Bosnian Serbs are just a few of the estimated 2.3 million …


Why Nations Behave, Jose E. Alvarez Jan 1998

Why Nations Behave, Jose E. Alvarez

Michigan Journal of International Law

The idea for this symposium on "implementation, compliance and effectiveness" grew out of the 1997 annual meeting of the American Society of International Law (ASIL), devoted to that theme. As one of the co-chairs of that meeting, I suggested to the student editors of this journal that they solicit articles on a topic that has seized the attention of researchers within international law as well as in seemingly unrelated fields. As Professor Thomas Franck has indicated in a recent well-received book, an ever increasing number of scholars are going beyond well-worn debates about whether international law is truly "law" to …


Masthead, Volume 30 Issue 1 (1998) Jan 1998

Masthead, Volume 30 Issue 1 (1998)

Case Western Reserve Journal of International Law

No abstract provided.


Saving The Blueprints: The International Legal Regime For Plant Genetic Resources, David S. Tilford Jan 1998

Saving The Blueprints: The International Legal Regime For Plant Genetic Resources, David S. Tilford

Case Western Reserve Journal of International Law

No abstract provided.


Volume 30 Issue 1 (1998), Cwru Journal Of International Law Jan 1998

Volume 30 Issue 1 (1998), Cwru Journal Of International Law

Case Western Reserve Journal of International Law

No abstract provided.


Regulating The Internet: The New Battle Against Child Pornography, Lesli C. Esposito Jan 1998

Regulating The Internet: The New Battle Against Child Pornography, Lesli C. Esposito

Case Western Reserve Journal of International Law

No abstract provided.


Peace And Democracy: The Link And The Policy Implications, Valerie Epps Jan 1998

Peace And Democracy: The Link And The Policy Implications, Valerie Epps

ILSA Journal of International & Comparative Law

The United Nations Charter prohibits "the threat or use of force against the territorial integrity or political independence of any state."' This is the great peace principle of international law, described by Professor Thomas Franck as "the apex of the global normative system...


Asset Forfeiture: Home And Abroad, Steven L. Kessler Jan 1998

Asset Forfeiture: Home And Abroad, Steven L. Kessler

ILSA Journal of International & Comparative Law

Good intention will always be pleaded for every assumption of power.... [T]he Constitution was made to guard the people against the dangers of good intentions. There are men in all ages who mean to govern well, but they mean to govern. They promise to be good masters, but they mean to be masters. -Daniel Webster


Freedom Of Speech, Freedom Of The Press, And Their Limits, Jose' Sebastian Elias, Juan Cruz Diaz Jan 1998

Freedom Of Speech, Freedom Of The Press, And Their Limits, Jose' Sebastian Elias, Juan Cruz Diaz

ILSA Journal of International & Comparative Law

Nowadays, mass media, with its unstoppable and astonishing development, has reached a level of importance in our lives that was unimaginable few years ago. This new situation is inherent in modem societies. Without it, our lifestyle would be different; maybe better, maybe worse, but certainly different from the way we know it today.


The Facilitation Of National And International Accountability Mechanisms: The Creation Of The International Legal Assistance Consortium (Iliac), Mark S. Ellis Jan 1998

The Facilitation Of National And International Accountability Mechanisms: The Creation Of The International Legal Assistance Consortium (Iliac), Mark S. Ellis

ILSA Journal of International & Comparative Law

In early 1997, Professor M. Cherif Bassiouni' assembled a group of individuals to discuss the creation of a set of guiding principles for combatting impunity for international crimes. The group included myself, Professor Michael Scharf,2 Professor Paul Williams,3 and Professor Madeline Morris.


International Legal Community Makes Strides In Developing International Norms For Protecting And Assisting Internally Displaced Persons, Ellen B. Zeisler Jan 1998

International Legal Community Makes Strides In Developing International Norms For Protecting And Assisting Internally Displaced Persons, Ellen B. Zeisler

Human Rights Brief

No abstract provided.


Human Rights And Health Care Reform: Lessons For The Former Soviet Union, David F. Chavkin Jan 1998

Human Rights And Health Care Reform: Lessons For The Former Soviet Union, David F. Chavkin

Human Rights Brief

No abstract provided.


Field Report: The Challenge Presented By The Arab Palestinian Minority In Israel, Jamil Dakwar Jan 1998

Field Report: The Challenge Presented By The Arab Palestinian Minority In Israel, Jamil Dakwar

Human Rights Brief

No abstract provided.


Trends: Lesbian And Gay Rights In Zimbabwe, Leane Renée Jan 1998

Trends: Lesbian And Gay Rights In Zimbabwe, Leane Renée

Human Rights Brief

No abstract provided.