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Articles 361 - 390 of 512
Full-Text Articles in International Law
Critical Race Theory As International Human Rights Law, Natsu Taylor Saito
Critical Race Theory As International Human Rights Law, Natsu Taylor Saito
Faculty Publications By Year
No abstract provided.
Technology And The 21st Century Battlefield: Recomplicating Moral Life For The Statesman And The Soldier, Charles J. Dunlap Jr.
Technology And The 21st Century Battlefield: Recomplicating Moral Life For The Statesman And The Soldier, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Organized Violence And The Future Of International Law: A Practitioner's View Of The Emerging Issues, Charles J. Dunlap Jr.
Organized Violence And The Future Of International Law: A Practitioner's View Of The Emerging Issues, Charles J. Dunlap Jr.
Faculty Scholarship
No abstract provided.
Book Review, Curtis A. Bradley
Book Review, Curtis A. Bradley
Faculty Scholarship
Reviewing John Rogers, International Law and United States Law (1999)
The World’S Youngest Political Prisoner, Richard Klein
The World’S Youngest Political Prisoner, Richard Klein
Scholarly Works
Every participant at an international human rights conference in June 1998 received a small pamphlet published by Tibetan supporters of Tibetan Buddhism's highest-ranking figure, the Dalai Lama. Entitled "The World's Youngest Political Prisoner," the pamphlet makes a plea for support for a young boy, now nine years old, who the Chinese government has allegedly kidnapped and detained. The Dalai Lama, who has been living in exile for forty years, claims the boy is the eleventh reincarnation of the Panchen Lama, the second holiest individual in Tibetan Buddhism. This battle over the identification of the reincarnation of a holy man is …
One Country, Two Legal Systems?, Joseph R. Crowley Program
One Country, Two Legal Systems?, Joseph R. Crowley Program
Fordham International Law Journal
From May 31 to June 13, 1999, the Joseph R. Crowley Program in International Human Rights (or “delegation”) conducted a mission in Hong Kong in conjunction with the Committee on International Human Rights of the Association of the Bar of the City of New York (‘Association‘ or ‘ABCNY ‘). The purpose of the mission was to examine the status of the rule of law in Hong Kong two years after the transition from British to Chinese rule. This Special Report documents the delegation's investigation, summarizes its findings, and sets forth its conclusions and recommendations. Part I considers the rule of …
The Rule Of Non-Contradiction In International Extradition Proceedings: A Proposed Apporach To The Admission Of Exculpatory Evidence, Jacques Semmelman
The Rule Of Non-Contradiction In International Extradition Proceedings: A Proposed Apporach To The Admission Of Exculpatory Evidence, Jacques Semmelman
Fordham International Law Journal
The Gonzalez case is the latest in a growing series of cases that chip away at the Rule of Non-Contradiction. The case, for all practical purposes, entailed a trial on the merits before the extradition magistrate. This Article takes issue with Gonzalez and other cases that erode the Rule of Non-Contradiction. Recognizing the fairness concerns that motivate deviation from the Rule, this Article proposes a modification to it. Specifically, this Article proposes that courts adopt an approach similar to that used in civil cases for deciding a motion for summary judgment. If the accused's evidence is such that no reasonable …
Interconnection And Network Access, Gunter Knieps
Interconnection And Network Access, Gunter Knieps
Fordham International Law Journal
The purpose of this Essay is to focus on the role of market power where interconnection and network access problems are involved. The Essay is organized by parts. Part I sketches the European Union history with respect to open network provision (“ONP”) policy. In Part II, the market-share concept of market power applied within Council Directive 97/33, European Community on Interconnection in Telecommunications of June 30, 1997 (“Interconnection Directive”) is criticized as an important source for an oversized regulatory basis. Instead, the criteria for an economically justified disaggregated regulatory framework for the ONP concept is pointed out in order to …
Interjurisdictional Competition Within The European Union, Wolfgang Kerber
Interjurisdictional Competition Within The European Union, Wolfgang Kerber
Fordham International Law Journal
Part I of this Essay shows that two central principles of the EC, namely mobility between Member States and decentralization of economic policies (subsidiarity), imply that Member States and other lower-level jurisdictions necessarily are in competition with one another (locational competition). Part II presents an outline of a theory of interjurisdictional competition that suggests, first, that only a competitive system of jurisdictions can be compatible with both decentralization and mobility and, second, that interjurisdictional competition may be a superior way of supplying public goods and services. Part III argues that the institutional structure of the EC has failed to take …
From World Trade Law To World Competition Law, Freidl Weiss
From World Trade Law To World Competition Law, Freidl Weiss
Fordham International Law Journal
The WTO has become the chosen forum for various trade-related additional policies and provisions such as Trade Related Environmental Measures (‘TREMS‘), TRIMS, TRIPS, and possibly in the future, competition and investment rules. The TRIPS, as is well known, owes its existence to trade-offs with DCs, which have still not been fully implemented. Future additional policies, if controversial, would need to be justified separately on economic grounds, or risk failure. Detailed multilateral competition rules will undoubtedly be adopted one day. I believe, however, that the time is not yet ripe for a comprehensive agreement, except perhaps on the most abstract of …
International Law's Contributions To Peace, 32 J. Marshall L. Rev. 319 (1999), Barry E. Carter
International Law's Contributions To Peace, 32 J. Marshall L. Rev. 319 (1999), Barry E. Carter
UIC Law Review
No abstract provided.
A Review Of Basic Concepts Of Criminal Law By George P. Fletcher, Stephen M. Zaloom
A Review Of Basic Concepts Of Criminal Law By George P. Fletcher, Stephen M. Zaloom
University of Miami International and Comparative Law Review
No abstract provided.
Plea Bargaining Under The Rwandan Statute And Rules Of Evidence And Procedure, Sohan S. Desai
Plea Bargaining Under The Rwandan Statute And Rules Of Evidence And Procedure, Sohan S. Desai
War Crimes Memoranda
No abstract provided.
2001: A Global Odyssey Prompted By The Merritt-Cihon Upper Level Curriculum Report Of The Aals, Kenneth M. Casebeer
2001: A Global Odyssey Prompted By The Merritt-Cihon Upper Level Curriculum Report Of The Aals, Kenneth M. Casebeer
University of Miami Inter-American Law Review
No abstract provided.
A Pragmatic Approach To Meaning In Defamation Law, Jeffrey E. Thomas
A Pragmatic Approach To Meaning In Defamation Law, Jeffrey E. Thomas
Faculty Works
No abstract provided.
The Constitutionalization Of Human Rights In Argentina: Problem Or Promise?, Janet K. Levit
The Constitutionalization Of Human Rights In Argentina: Problem Or Promise?, Janet K. Levit
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Kosovo And The "New Interventionism": Promise Or Peril?, Richard B. Bilder
Kosovo And The "New Interventionism": Promise Or Peril?, Richard B. Bilder
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Prosecution And Punishment Of The Crime Of Genocide, Johan D. Van Der Vyver
Prosecution And Punishment Of The Crime Of Genocide, Johan D. Van Der Vyver
Fordham International Law Journal
Part I of this Article scrutinizes the current definition of genocide in view of its theoretical circumscription in the Genocide Convention and with special reference to the judgment of the International Criminal Tribunal for Rwanda in Prosecutor v. Akayesu. Part II considers the validity and the application of the principle of universal jurisdiction to the crime of genocide, and the consequent duty of states to bring perpetrators of genocide to justice. Part III focuses on the jurisdiction ratione materia of the ICC regarding the crime of genocide. Part IV will pay special attention to the prosecution of genocide in the …
The Effects Of Deregulation On Competition: The Experience Of The United States, Richard A. Posner
The Effects Of Deregulation On Competition: The Experience Of The United States, Richard A. Posner
Fordham International Law Journal
Most economists agree that the net effect of the deregulation movement in the United States has been to increase efficiency, with resulting increases in consumer welfare. Because deregulation contemplates the substitution of competition for regulation as the “regulator” of the deregulated markets, deregulation increases the importance of antitrust law as a means of preventing unregulated firms from eliminating competition among themselves by mergers or price-fixing agreements. This is a particularly important point to remind Europeans, in view of the fact that historically antitrust has played a smaller role in European than U.S. law. It is important that ‘competition‘ be understood …
Legal Processes Of Change: Article 2(4) And The Vienna Convention On The Law Of Treaties, 4 J. Conf. & Sec. L. 75 (1999), Stuart K. Ford
Legal Processes Of Change: Article 2(4) And The Vienna Convention On The Law Of Treaties, 4 J. Conf. & Sec. L. 75 (1999), Stuart K. Ford
UIC Law Open Access Faculty Scholarship
No abstract provided.
Comments Of Mexico To The Draft Guidelines For The Implementation Of The 1999 Second Protocol To The Hague Convention Of 1954 For The Protection Of Cultural Property In The Event Of Armed Conflict, Delegation Of Mexico
Comments Of Mexico To The Draft Guidelines For The Implementation Of The 1999 Second Protocol To The Hague Convention Of 1954 For The Protection Of Cultural Property In The Event Of Armed Conflict, Delegation Of Mexico
Protection of Cultural Property in the Event of Armed Conflict
No abstract provided.
Comments On The Draft Guidelines For The Implementation Of The 1999 Second Protocol To The Hague Convention, Delegation Of Norway
Comments On The Draft Guidelines For The Implementation Of The 1999 Second Protocol To The Hague Convention, Delegation Of Norway
Protection of Cultural Property in the Event of Armed Conflict
No abstract provided.
Reevaluating The Forum Non Conveniens Doctrine In Multiterritorial Copyright Infringement Cases, Brenda Tiffany Dieck
Reevaluating The Forum Non Conveniens Doctrine In Multiterritorial Copyright Infringement Cases, Brenda Tiffany Dieck
Washington Law Review
The tension between the internationalization of copyright and the territorial remedies national laws provide is illustrated when the same infringer infringes a copyright in multiple countries. The copyright owner can bring suit in each country separately or attempt to consolidate all claims into one forum. Commentators have identified that in consolidated suits, even if jurisdiction over the foreign claims is proper, the discretionary forum non conveniens doctrine rmains a "wild card." This Comment explores in greater depth why the doctrine is unpredictable and argues that it is being abused by U.S. federal courts in multiterritorial copyright suits, exacerbating the problem …
Osce National Minority Rights In The United States: The Limits Of Conflict Prevention, 23 Suffolk Transnat'l L. Rev. 1 (1999), Stuart K. Ford
Osce National Minority Rights In The United States: The Limits Of Conflict Prevention, 23 Suffolk Transnat'l L. Rev. 1 (1999), Stuart K. Ford
UIC Law Open Access Faculty Scholarship
No abstract provided.
Succession By Estoppel: Hong Kong's Succession To The Iccpr, Peter K. Yu
Succession By Estoppel: Hong Kong's Succession To The Iccpr, Peter K. Yu
Articles
No abstract provided.
International Commercial Transactions: 1998, Peter Winship
International Commercial Transactions: 1998, Peter Winship
Faculty Journal Articles and Book Chapters
No abstract provided.
Notions Of Equity In (International) Environmental Law: Inter-Generational Equity, Youk-Hyun Sung
Notions Of Equity In (International) Environmental Law: Inter-Generational Equity, Youk-Hyun Sung
LLM Theses and Essays
Equity has a long history. In the first chapter of this thesis, notions of equity in conventional international law will be discussed. It must be more helpful to understand equity based upon the history of the term since the issues relating to equity were raised in quite a few cases in the past. In the second chapter, by discussing environmental equity in the United States, the only remaining superpower and the largest economy in the world, the thesis tries to see the future of equity in international environmental law. Environmental equity issues in the United States are good sources for …
Sanctions Against Perpetrators Of Terrorism, Lori Fisler Damrosch
Sanctions Against Perpetrators Of Terrorism, Lori Fisler Damrosch
Faculty Scholarship
Since the title for this panel is "Presidential Uses of Force and Other Sanction Strategies," I will begin with "other sanction strategies" – that is, other than use of force. I would rather not be cast in the role of the dove on the panel to comment on illegitimacy of uses of force (presidential or otherwise), because I do not want to rule out or necessarily oppose presidential uses of force for counter-terrorism purposes in all circumstances. Indeed, I find myself in considerable agreement with Professor Reisman's lecture. Although I have disagreed with some of his writings and positions on …
Human Rights And Non-State Actors, Thomas Michael Mcdonnell
Human Rights And Non-State Actors, Thomas Michael Mcdonnell
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Rethinking Genocidal Intent: The Case For A Knowledge-Based Interpretation, Alexander K.A. Greenawalt
Rethinking Genocidal Intent: The Case For A Knowledge-Based Interpretation, Alexander K.A. Greenawalt
Elisabeth Haub School of Law Faculty Publications
From its initial codification in the 1948 Convention on the Prevention and Punishment of Genocide to its most recent inclusion in the Rome Statute of the International Criminal Court, the international crime of genocide has been defined as involving an "intent to destroy, in whole or in part, a national, ethnical, racial or religious group, as such." The predominant interpetation of this language views genocide as a crime of "specific" or "special" intent, in which the perpetrator deliberately seeks the whole or partial destruction of a protected group. This Note pursues an alternate approach. Relying on both the history of …