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International Law Commons™

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1999

Discipline
Institution
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Publication
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Articles 301 - 330 of 512

Full-Text Articles in International Law

Kosovo: An Application Of The Principle Of Self-Determination, Jennifer P. Harris Jan 1999

Kosovo: An Application Of The Principle Of Self-Determination, Jennifer P. Harris

Human Rights Brief

No abstract provided.

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Khmer Rouge Crimes: The Elusive Search For Justice , Brian D. Tittemore Jan 1999

Khmer Rouge Crimes: The Elusive Search For Justice , Brian D. Tittemore

Human Rights Brief

No abstract provided.

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Ghana's Slaves To The Gods , Sarah C. Aird Jan 1999

Ghana's Slaves To The Gods , Sarah C. Aird

Human Rights Brief

No abstract provided.

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Unocal Corporation Can Be Liable For Human Rights Abuses In Burma , Carlyn Carey Jan 1999

Unocal Corporation Can Be Liable For Human Rights Abuses In Burma , Carlyn Carey

Human Rights Brief

No abstract provided.

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Review Of The Inter-American Human Rights Digest , Juan M. Amaya-Castro Jan 1999

Review Of The Inter-American Human Rights Digest , Juan M. Amaya-Castro

Human Rights Brief

No abstract provided.

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India's Failure To Adequately Protect Refugees , H. Knox Thames Jan 1999

India's Failure To Adequately Protect Refugees , H. Knox Thames

Human Rights Brief

No abstract provided.

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The Rule Of Law In Jeopardy In Uzbekistan , Heather Fox Jan 1999

The Rule Of Law In Jeopardy In Uzbekistan , Heather Fox

Human Rights Brief

No abstract provided.

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Foreword: Deterrence Of War Crimes In The 21st Century, David J. Scheffer Jan 1999

Foreword: Deterrence Of War Crimes In The 21st Century, David J. Scheffer

Maryland Journal of International Law

No abstract provided.

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Security For A Commercial Loan: Historical & International Perspectives, Edward A. Tomlinson Jan 1999

Security For A Commercial Loan: Historical & International Perspectives, Edward A. Tomlinson

Maryland Journal of International Law

No abstract provided.

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Extraterritorial Application Of The Federal Antitrust Laws: Expanding Their Criminal Reach Under Nippon Paper, James A. Griffith Jan 1999

Extraterritorial Application Of The Federal Antitrust Laws: Expanding Their Criminal Reach Under Nippon Paper, James A. Griffith

Maryland Journal of International Law

No abstract provided.

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Right To Self-Determination In In Re Secession Of Quebec , Roya M. Hanna Jan 1999

Right To Self-Determination In In Re Secession Of Quebec , Roya M. Hanna

Maryland Journal of International Law

No abstract provided.

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It's A Small World After All: Personal Jurisdiction, The Internet And The Global Marketplace, Michael S. Rothman Jan 1999

It's A Small World After All: Personal Jurisdiction, The Internet And The Global Marketplace, Michael S. Rothman

Maryland Journal of International Law

No abstract provided.

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The United States And Shrimp Import Prohibitions: Refusing To Surrender The American Goliath Role In Conservation, Rita M. Wisthoff-Ito Jan 1999

The United States And Shrimp Import Prohibitions: Refusing To Surrender The American Goliath Role In Conservation, Rita M. Wisthoff-Ito

Maryland Journal of International Law

No abstract provided.

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Operation Allied Force: Reviewing The Lawfulness Of Nato's Use Of Military Force To Defend Kosova, Walter Gary Sharp Sr. Jan 1999

Operation Allied Force: Reviewing The Lawfulness Of Nato's Use Of Military Force To Defend Kosova, Walter Gary Sharp Sr.

Maryland Journal of International Law

No abstract provided.

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The International Criminal Tribunal For The Former Yugoslavia: Defining The Offenses, Walter Gary Sharp Sr. Jan 1999

The International Criminal Tribunal For The Former Yugoslavia: Defining The Offenses, Walter Gary Sharp Sr.

Maryland Journal of International Law

No abstract provided.

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Special Feature: Foreword, James P. Terry Jan 1999

Special Feature: Foreword, James P. Terry

Maryland Journal of International Law

No abstract provided.

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Holding State Sovereigns Accountable For Human Rights Violations: Applying The Act Of State Doctrine Consistently With International Law, Rebecca A. Fleming Jan 1999

Holding State Sovereigns Accountable For Human Rights Violations: Applying The Act Of State Doctrine Consistently With International Law, Rebecca A. Fleming

Maryland Journal of International Law

No abstract provided.

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Negotiating The Treaty Of Rome On The Establishment Of An International Criminal Court, M. Bassiouni Jan 1999

Negotiating The Treaty Of Rome On The Establishment Of An International Criminal Court, M. Bassiouni

College of Law Faculty

No abstract provided.

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An Examination Of The Rights Of American Bounty Hunters To Engage In Extraterritorial Abductions In Mexico, Andrew Berenson Jan 1999

An Examination Of The Rights Of American Bounty Hunters To Engage In Extraterritorial Abductions In Mexico, Andrew Berenson

University of Miami Inter-American Law Review

No abstract provided.

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International Jurisdiction And Prosecutorial Crimes, The Seventieth Cleveland-Marshall Fund Lecture , Richard J. Goldstone Jan 1999

International Jurisdiction And Prosecutorial Crimes, The Seventieth Cleveland-Marshall Fund Lecture , Richard J. Goldstone

Cleveland State Law Review

The topic of this address is international jurisdiction and prosecutorial crimes. Two distinct but pervasive issue-areas arise when discussing international jurisdiction and prosecutorial crimes. The first relates to the ability of domestic or national courts, whether in the United States or any other country, to try people for international crimes committed either within or outside their borders. The second concerns the establishment of supra-national or international courts with inherent international criminal jurisdiction. I believe that these two facets of the enforcement of international criminal law are neither inconsistent, nor contradictory. I am convinced that in principle and in practice, national …

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Biased Justice: Humanrightsism And The International Criminal Tribunal For The Former Yugoslavia , Robert M. Hayden Jan 1999

Biased Justice: Humanrightsism And The International Criminal Tribunal For The Former Yugoslavia , Robert M. Hayden

Cleveland State Law Review

This article thus takes a close look at one of the most important of the elements of the new international legal order which human rights activists promote, the International Criminal Tribunal for the Former Yugoslavia (ICTY). It finds that the ICTY delivers a "justice" that is biased, with prosecutorial decisions based on the national characteristics of the accused, rather than on what available evidence indicates that he has done. Evidence of this bias is found in the failure to prosecute NATO personnel for acts that are comparable to those of Yugoslavs already indicted, and of failure to prosecute NATO personnel …

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Genocide, War Crimes, Crimes Against Humanity, Mary Robinson Jan 1999

Genocide, War Crimes, Crimes Against Humanity, Mary Robinson

Fordham International Law Journal

This article examines such violations of international human rights as genocide, war crimes, and crimes against humanity. In Part I, the author explores the nature and uniqueness of these crimes. In Part II, the author suggests possible courses of action the international community can take and improvements that can be made in response. Finally, Part III analyzes methods of preventing such crimes from occurring.

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Regina V. Bartle And The Commissioner Of Police For The Metropolis And Others Ex Parte Pinochet: Universal Jurisdiction And Sovereign Immunity For Jus Cogens Violations, Jodi Horowitz Jan 1999

Regina V. Bartle And The Commissioner Of Police For The Metropolis And Others Ex Parte Pinochet: Universal Jurisdiction And Sovereign Immunity For Jus Cogens Violations, Jodi Horowitz

Fordham International Law Journal

This Comment analyzes the recent House of Lords decision that did not recognize that universal jurisdiction existed over jus cogens crimes before the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (“Convention against Torture” or “Convention”) came into effect, and therefore did not consider Senator Pinochet's acts of torture committed prior to the existence of the Convention. Part I discusses the atrocities committed in Chile, and examines the legal doctrines applicable to prosecuting Senator Pinochet. In this light, Part I discusses the development of universal jurisdiction and its applicability to human rights violations. Part I also …

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International Human Rights And Standards, Jeremy Greenstock Jan 1999

International Human Rights And Standards, Jeremy Greenstock

Fordham International Law Journal

Major undertakings are necessary to translate international human rights from paper to reality. The International Criminal Court is a momentous step towards ratifying the near-universal standards regarding basic human rights during wartime, but the Court—reactive as it is—will not alone suffice. Proactive conflict prevention, through financial assistance and political pressure, is necessary to truly protect civilians from the impact of war. Still, some people may remain in danger. In these cases, the widespread negative impact of serious government human-rights violations, such as genocide, militates against non-intervention.

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The Maturation Of Italy's Response To European Community Law: Electric And Telecommunication Sector Institutional Innovations, Patrick Del Duca, Duccio Mortillaro Jan 1999

The Maturation Of Italy's Response To European Community Law: Electric And Telecommunication Sector Institutional Innovations, Patrick Del Duca, Duccio Mortillaro

Fordham International Law Journal

After briefly describing the essential mandates of the relevant EC directives, this Article discusses the novel-for-Italy independent regulatory commissions that are critical to the developing competitive frameworks for electricity and telecommunication. It then reviews applicable substantive law for each of the electricity and telecommunication sectors, and offers examples of how the independent regulatory commissions are working to shape competitive markets. Italy's independent regulatory commissions have resulted in a reorganization of its electric and telecommunication sectors quite different than that contemplated as recently as the early 1990s. Italy's creation of its new independent regulatory commissions, as well as the mixed experience …

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Terminal Dues Under The Upu Convention And The Gats: An Overview Of The Rules And Of Their Compatibility, Alessandra Perrazzelli, Paolo R. Vergano Jan 1999

Terminal Dues Under The Upu Convention And The Gats: An Overview Of The Rules And Of Their Compatibility, Alessandra Perrazzelli, Paolo R. Vergano

Fordham International Law Journal

Technical issues pertaining to re-mailing and terminal dues are not within the scope of this analysis. Similarly, no reference will be made to otherwise crucial aspects of the EC's competition law arising from REIMS II and the matters that are currently being litigated in the European Court of Justice. Our attention will focus on a potential conflict that has only recently been considered. This issue of legal compatibility relates to the necessity that terminal dues be measured against the fundamental “Most-Favored-Nation” (“MFN”) principle of the World Trade Organization (“WTO”) as provided by the General Agreement on Trade in Services (“GATS”).

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Some Reflections On The One-China Principle, Su Wei Jan 1999

Some Reflections On The One-China Principle, Su Wei

Fordham International Law Journal

There is but one China in the world. Taiwan is a part of China and the Government of the People's Republic of China is the sole legal government representing the whole of China. This is the basic content of the one-China principle. As one of the world's few time-honored countries, China has fine traditions and a brilliant civilization that can be traced back to ancient times. Such a civilization and traditions have nourished a Chinese culture of national unity as well as a set of values cherishing and defending unity. Deeply rooted in these Chinese cultural and philosophical backgrounds, the …

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Bases For Refusing International Extradition Requests - Capital Punishment And Torture, Ved P. Nanda Jan 1999

Bases For Refusing International Extradition Requests - Capital Punishment And Torture, Ved P. Nanda

Fordham International Law Journal

This Essay is an attempt to contribute to the scholarly investigation into how to reconcile the complementary and competing goals of protecting national security in the interest of law enforcement while still guaranteeing the protection of basic human rights of defendants. It focuses on two issues - capital punishment and torture - which form the bases for state refusal to extradite fugitives.

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The Aftermath Of The Nato Bombing: Approaches For Addressing The Problem Of Serbian Conscientious Objectors, Alexandra Mcginley Jan 1999

The Aftermath Of The Nato Bombing: Approaches For Addressing The Problem Of Serbian Conscientious Objectors, Alexandra Mcginley

Fordham International Law Journal

This Note will address the plight of Serbian conscientious objectors who fled Serbia in the aftermath of NATO's involvement in Kosovo. Part I discusses refugee definitions and mechanisms for managing the refugee crises. Part I also examines the Balkan conflict, focusing on the NATO bombings, the exodus of refugees from the region and the subgroup of Serbian draft evaders to Hungary. Part II compares two legal methods for managing refugee crises. Part III argues for a hybrid solution, combining the individualized and collectivized approaches, to handle Serbian conscientious objector refugees.

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Models Of Securities Regulation In The United States, Arthur B. Laby Jan 1999

Models Of Securities Regulation In The United States, Arthur B. Laby

Fordham International Law Journal

Parts I and II discuss the regulation of advisers and brokers in the United States through first a historical and then a functional prism. Part III illustrates these two approaches by looking at one particular rule regulating investment advisers — the performance fee rule — which challenges the assumptions I am making about the regulation of advisers and brokers. Part IV discusses recent regulatory initiatives at the SEC in light of these two approaches.

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