International Law Commons^™

Velvet Glove And Iron Fist: A New Paradigm For The Permanent War Crimes Court, David S. Bloch, Elon Weinstein

UC Law SF International Law Review

The international community is committed to the creation of a Permanent War Crimes Tribunal. The Tribunal's operating charter will most likely mirror the charters of the Yugoslav and Rwandan International War Crimes Tribunals, a model the authors argue is unsuccessful for several reasons. They believe the Yugoslav and Rwandan tribunals are largely a farce and have become mechanisms for major international war criminals to escape capital punishment.

This article proposes an alternative to the current Permanent War Crimes Tribunal as it is envisioned. The authors' alternative tribunal consists of four independent but interrelated panels: an Indictment Panel, Truth and Reconciliation …

Sovereign Indignity? Values, Borders And The Internet: A Case Study, Eric B. Easton

Seattle University Law Review

This Article focuses on the publication ban issued by Justice Kovacs in the Karla Homolka trial and the reaction to it as a case study of the new global communications environment. Part I reconstructs the factual circumstances that provoked the ban, as well as the responses of the media, the legal establishment, and the public. Part II examines the ban itself, the constitutional challenge mounted by the media, and the landmark Dagenais decision. Part III reflects on the meaning of the entire episode for law, journalism, and national sovereignty. The article concludes that the publication ban in this case, by …

Facilitating Accountability: International Guidelines Against Impunity, Madeline Morris

Faculty Scholarship

No abstract provided.

The Right Dean At The Right Time, Doris Deltosto Brogan

Villanova Law Review (1956 - )

No abstract provided.

European Community Tax Law And Its Development In Light Of The Recent Case Law Of The European Court Of Justice, Siegbert Alber

Fordham International Law Journal

Part I of this Essay addresses the Community's impact on national taxation in general. Part II examines Article 95 of the EC Treaty concerning the prohibition on discriminatory internal taxation. The aim is to show, based on a brief summary of the relevant legislation, to what extent the Court has developed its case law in specific areas of Community tax law. Emphasis will then be placed on the structure and various legal aspects of Article 95, which, although a rather complex provision, often tends to be neglected in favour of the harmonized taxes as well as the recent developments in …

The Treaty Of Amsterdam In Historical Perspective: Introduction To The Symposium, Roger J. Goebel

Fordham International Law Journal

On February 27-28, 1998, the Center on European Union Law of the Fordham Law School was pleased to present a program, “The European Union and the United States: Constitutional Systems in Evolution,” intended to provide a clear description of the impact of the Treaty of Amsterdam upon the European Union (or “EU”), and to enable some valuable points of comparison and contrast between constitutional and legal developments within the European Union and the United States. This symposium issue of the Fordham International Law Journal publishes a series of papers presented at the conference centering on the Treaty of Amsterdam, signed …

Subsidiarity And Transparency, Christian Timmermans

Fordham International Law Journal

Subsidiarity and transparency are entirely different concepts. … However different, both concepts are twins in the continuing quest of the Framers of European integration to increase the legitimacy of Community decision-making vis-à-vis the citizens. Indeed, there always has been, and there still is a very serious problem of lack of legitimacy. … Increasing the powers of the European Parliament is not sufficient to bridge this legitimacy gap, although the Maastricht Treaty did make progress in that respect, for instance, by introducing the co-decision procedure. The problem is much vaster. At any rate, the negative experiences of the ratification discussions on …

The Cisg Convention And Thomas Franck's Theory Of Legitimacy, Anthony S. Winer

Faculty Scholarship

The Contracts for the International Sale of Goods (CISG) Convention is one of the most talked-about, and written-about, aspects of international commercial law. Ss time progresses, it may become evident that significant numbers of commercial actors and significant numbers of courts and other adjudicatory bodies are simply choosing not to apply the Convention. In such event, the question as to why there should be such a reluctance to adopt the Convention will present itself. This Article finds helpful perspective on this question in the work of international legal scholar Thomas Franck. Specifically, guidance is drawn from the theory of international …

The European Union In International Affairs: Recent Developments, Hugo Paemen

Fordham International Law Journal

I have been invited to discuss the changing role of the European Union (or “EU”) in the world today. Let me start by highlighting some random examples of EU action in international affairs during 1997. As Europe continues to integrate domestically, it will be forced to reassess the image that it projects in the world. As it does so, institutional reform will become even more compelling if the European Union is to conduct the coherent external policy that most people in the world expect of it. Some had hoped that last the June 1997 Summit in Amsterdam would at least …

The Geopolitical Constitution: Executive Expediency And Executive Agreements, Joel R. Paul

Faculty Scholarship

No abstract provided.

Alejandre V. Republic Of Cuba [Cuban Liability For Shooting Down Civil Aircraft], Stephen J. Schnably

Articles

No abstract provided.

The Concept Of Compliance As A Function Of Competing Conceptions Of International Law, Benedict Kingsbury

Michigan Journal of International Law

The purpose of this article is to challenge the tendency in the existing literature to view "compliance" simply as "correspondence of behavior with legal rules." This tendency is intelligibly based in a theoretical view that law can properly be defined and understood as a body of rules and expresses a practical concern to get on with the important task of producing empirical studies of compliance. The logical corollary is that a reasonable degree of conformity between these rules and actual behavior is necessary to an efficacious legal system, so that recurrent and widespread non-conformity with rules would usually call into …

Sustainable Liberalism And The International Investment Regime, Kenneth J. Vandevelde

Michigan Journal of International Law

Since 1995, the Organization for Economic Cooperation and Development has been sponsoring negotiation of a multilateral agreement on investment. Several multilateral agreements protecting foreign investment already exist, although these are limited in their applicability to certain regions or sectors of the economy. This article argues that the consensus is not necessarily permanent, but reflects the momentary confluence of several political and economic trends. It concludes that, if the consensus is to be maintained, then States must use this moment to ensure the success of liberalism, rather than to seize temporary economic advantage. In essence, if a liberal investment regime is …

Global Oceans Plitics: The Decision Process At The Third United Nations Conference On The Law Of The Sea, 1973-1982, Louis B. Sohn

Michigan Journal of International Law

Review of Global Oceans Politics: The Decision Process at the Third United Nations Conference on the Law of the Sea, 1973-1982 by Edward L. Miles

State Successions And Statelessness: The Emerging Right To An Effective Nationality Under International Law, Jeffrey L. Blackman

Michigan Journal of International Law

This paper surveys some of the recent developments in international law relating to nationality and state succession, and suggests a growing convergence among several legal principles-specifically the principle of effective nationality, the individual right to a nationality and the corresponding duty of states to prevent statelessness, and the norm of nondiscrimination. At some point this convergence of such diverse areas of law as nationality, diplomatic protection, and human rights will impose positive duties on successor states with respect to their inherited populations: namely the duty to secure effective nationality for persons affected by state succession.

Strengthening The Inter-American Human Rights System: The Current Debate, Claudio Grossman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

On The Promise And Perils Of Democracy In Haiti, Irwin P. Stotzky

University of Miami Inter-American Law Review

No abstract provided.

International Law And International Relations Theory: A New Generation Of Interdisciplinary Scholarship, Anne-Marie Slaughter, Andrew S. Tulumello, Stepan Wood

All Faculty Publications

Nine years ago, Kenneth Abbott published an article exhorting international lawyers to read and master regime theory, arguing that it had multiple uses for the study of international law. 1 He went as far as to call for a "joint discipline" that would bridge the gap between international relations theory (IR) and international law (IL). Several years later, one of us followed suit with an article mapping the history of the two fields and setting forth an agenda forjoint research. 2 Since then, political scientists and international lawyers have been reading and drawing on one another's work with increasing frequency …

Slow Down: New Interventionism, Yubo Song

Michigan Journal of International Law

Review of The New Interventionism 1991-1994: United Nations Experience in Cambodia, Former Yugoslavia and Somalia (James Mayall ed.)

The Empire Strikes Back, A. Michael Froomkin

Articles

No abstract provided.

Gendered Aspects Of Migration: Law And The Female Migrant, Joan Fitzpartick, Katrina R. Kelly

UC Law SF International Law Review

Although female migrants share common goals and concerns, the gendered aspects of migration have been largely ignored by legislators and policy makers. This is illustrated by the regulation of migration for the purpose of performing domestic labor (the "maid trade") and migration to export processing zones, two predominantly female migration streams. The aim of this article is to expose the ways in which the legal regulation of migration reproduces and exacerbates the social and cultural inequalities that dis-empower female migrants. It is concluded that legislators and policy makers at all levels must develop an awareness and a more sophisticated understanding …

An Irish View Of The Northern Ireland Peace Agreement: The Interaction Of Law And Politics, David Byrne

Fordham International Law Journal

They include the treatment of the issues of self-determination, consent, and the status of Northern Ireland in the Irish Constitution and in British constitutional legislation; the establishment of new democratic institutions in Northern Ireland on a partnership basis; the creation of formal new links between the two jurisdictions in Ireland through a North/South Ministerial Council and a number of related bodies exercising executive functions; and the development of wider connections within Britain and Ireland through a British-Irish Council involving the two governments and devolved institutions in Scotland, Wales, and Northern Ireland, as well as a continuing British-Irish Intergovernmental Conference. There …

Peace Agreement - Or Last Piece In A Sellout Agreement?, Ian Paisley

Fordham International Law Journal

Indeed, it is the distress caused by the content of the Agreement that has provoked such widespread alarm and division within Unionism. The proposals contained in the Agreement are not remarkably new in content, but they now have the endorsement of those who were previously opposed to such mechanisms that will fundamentally undermine the status of Northern Ireland within the Union and impose a system of government so alien that it is far removed from any known concept of democracy and fairness. According to the author's copy of the Mitchell draft, the UUP lost out on the number of seats …

The Future Of The World Health Organization: What Role For International Law?, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Microbialpolitik: Infectious Diseases And International Relations, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

The Globalizing State: A Future-Oriented Perspective On The Public/Private Distinction, Federalism, And Democracy, Alfred C. Aman

Articles by Maurer Faculty

No abstract provided.

The New World Of International Trademark Law, Marshall A. Leaffer

Articles by Maurer Faculty

No abstract provided.

The Spanish Neutrality During The Second World War, Antonio Marquina

American University International Law Review

No abstract provided.

Panel Discussion

American University International Law Review

No abstract provided.

The Economic Impact Of International Trade On San Diego And The Application Of The United Nations Convention On The International Sales Of Goods To San Diego/Tijuana Commercial Transactions, Ernesto Grijalva, Alexander Imberg

San Diego Law Review

Opponents of the North American Free Trade Agreement ("NAFTA"), were they to take a look, would find the current performance of San Diego's economy antithetical to their economic theories, San Diego is conspicuously lacking the net job loss that free trade opponents were forecasting as the inevitable result of NAFTA. In his book, Save Your Job, Save Our Country: Why NAFTA Must Be Stopped – Now!, Ross Perot, the most prolific NAFTA basher, proclaimed that the economic strength of our entire nation would be jeopardized by NAFTA.' Four and one-half years later, we find that the United States is enjoying …