International Law Commons^™

Chapter V (The Tanker War And The Law Of Armed Conflict)

International Law Studies

No abstract provided.

Full Volume 74: The Tanker War, 1980-88: Law And Policy

International Law Studies

No abstract provided.

Berner-Kadish V. Minister Of Interior, Dalia Dorner, Dorit Beinisch, Abdel Rahman Zuabi

Translated Opinions

The First and Second Petitioners (hereinafter: the Petitioners,) two women who have been life partners for seven years, are Israeli citizens. Their permanent residence is in the State of California, in the United States. On January 12, 1996 the Second Petitioner (hereinafter: the mother) gave birth to the Third Petitioner (hereinafter: the son,) after having become pregnant via sperm donation. The son was adopted by the First Petitioner (hereinafter: the adoptive mother,) with the mother’s consent, according to an adoption decree granted by a California court – where the son was born and where the three Petitioners reside. The adoptive …

Neutrality, Peacekeeping, And Globalization: Problems For The United Nations In Africa, Ibpp Editor

International Bulletin of Political Psychology

This article describes problems facing the United Nations as it seeks to effect its global mandate to foster peace, resolve conflict, and otherwise contribute to human welfare.

Policy Issues Relating To The U.S. Taxation Of Foreign Persons Engaged In Business In The United States Through Agents: Some Proposals For Reform, Richard Crawford Pugh

San Diego International Law Journal

This Article will begin by discussing the circumstances under which a foreign person will be deemed to be engaged in a trade or business in the United States and by examining a proposal that would introduce a great level of certainty for tax planners and the IRS. The principal focus of the Article, however, will be on the circumstances under which the United States should impose U.S. income tax on the income of a foreign person from a business conducted, not directly in the United States, but through an agent acting on behalf of the foreign person. The treatment of …

Foreword, John M. Rogers

San Diego International Law Journal

It is thus an exciting time of change for lawyers of all kinds, a time in which the University of San Diego School of Law has seized the day to inaugurate an outstanding journal on international and comparative law.... This inaugural volume treats issues at the core of how the international legal system is changing, and responding to change.

Lessons From The Trade Arena: A Proposal To Change U.S. Immigration Law For The Benefit Of U.S. Workers, Jonathan Todres

San Diego International Law Journal

This Article examines this conflict between U.S. trade and immigration law and policy and asks whether the United States could apply some of the principles underlying its free trade policy to its immigration law in a way that benefits the U.S. economy and its workers. In Part II, this Article explores how U.S. immigration law protects U.S. labor. Specifically, Part II focuses on the controversy surrounding the H-1B visa program for non-immigrants and U.S. treatment of skilled workers from other countries, as the H1-B program is a good potential starting point for a new approach to immigration law. Part III …

Parties In Israel: Between Law And Politics, Ariel L. Bendor

San Diego International Law Journal

The decline in prestige and influence of the political parties in Israel, particularly the larger parties, has become a source of distress for many in Israel. Similarly, in the United States, where the significance of parties is also recognized, many have shown concern for weakening of the dominant political parties. In the American system where politics are ruled by two strong national parties, one of the most common concerns is aimed at the potential possible damage to smaller parties and independent candidates. But, in Israeli, the nature of politics is becoming increasingly sectoral, personal, superficial and populist. As is often …

Walking The Queen's Highway: Peace, Politics And Parades In Northern Ireland, Brian P. White

San Diego International Law Journal

This Comment will discuss Northern Ireland's contentious Orange marching season and will review the history of Northern Ireland and its significance to the present day antagonists. It will further explore the law of Northern Ireland that is designed to protect the right to parade while preserving the public order, and consequently the related British legal machinery and its common law development. This Comment will also discuss the failure of Police Powers with respect to contentious parades in Northern Ireland, and will analyze the Parades Commission's prospects for success in diffusing sectarian animosity and violence associated with parading in Northern Ireland …

Neoliberalism, Colonialism, And International Governance: Decentering The International Law Of Government Legitimacy, James Thuo Gathii

Michigan Law Review

Brad R. Roth's Governmental Illegitimacy in International Law is a neoconservative realist response to liberal internationalists (or universalists). As a critique, the book unsurprisingly legitimizes the subject of its attack: liberal internationalism. That is so since in their opposition to each other, liberal internationalists and neoconservative realists fall within the same discursive formation - a Euro-American hegemony of thinking, writing, critiquing, engaging, producing, and practicing international law. This Review is an antihegemonic critique. It seeks to decenter this Euro-American opposition between liberal internationalism and neoconservative realism that has characterized the study of international law, especially in the post-Cold War period. …

V.1, 2000 Masthead

San Diego International Law Journal

No abstract provided.

International Criminal Defence Ethics: The Law Of Professional Conduct For Defence Counsel Appearing Before International Criminal Tribunals, Michael Bohlander

San Diego International Law Journal

This Article presents an overview of the Codes and relevant Rules of Procedure and Evidence of the ICTY and the ICTR, as well as an analysis of their provisions. The ICTR's Code of Conduct is almost identical to the ICTY's Code of Conduct. Primarily, this Article examines ICTY law. This Article closes with an outlook on the future of criminal defence before international criminal tribunals. As of yet, there is no provision for the professional conduct of defence counsel before the International Criminal Court (ICC).

The Rome Convention: The Contracting Parties' Choice, Gina M. Mcguinness

San Diego International Law Journal

This Comment explores the provisions of the Rome Convention and the advantages contracting parties can benefit from through knowledge of such provisions. The main focus of this Comment is English conflict of laws rules related to contractual obligations that are governed by the Rome Convention. England and its laws on international contracts have been chosen as the appropriate subject of this Comment for the following reasons. First, because international conventions and treaties do not apply to all countries but only to those who ratify them, it is easier to see how the rules of such conventions are applied by a …

Seeking Reconciliation Of Self-Determination, Territorial Integrity, And Humanitarian Intervention (Introduction To Special Project: Humanitarian Intervention And Kosovo), Linda A. Malone

William & Mary Law Review

No abstract provided.

Governmental Illegitimacy And Neocolonialism: Response To Review By James Thuo Gathii, Brad R. Roth

Michigan Law Review

The essence of James Thuo Gathii's criticism of Governmental Illegitimacy in International Law is that my study seeks to answer a doctrinal question rather than to challenge the "Eurocentric" assumptions that pervade doctrinal thinking. Although I (inevitably) take exception to some of Professor Gathii's characterizations of the book's details, an elaborate clarification and defense of these finer points would amount to an uninteresting response to an interesting essay. Indeed, since Gathii characterizes the book as "well written, well-argued, and well-researched," and since I am in sympathy with the considerations that prompt him to go beyond the scope of what I …

Rejoinder: Twailing International Law, James Thuo Gathii

Michigan Law Review

Brad Roth's response to my Review of his book seeks to privilege his approach to international law as the most defensible. His response does not engage one of the central claims of my Review - that present within international legal scholarship and praxis is a simultaneous and dialectical coexistence of the dominant conservative/liberal approach with alternative or Third World approaches to thinking and writing international law. Roth calls these alternative approaches critical and does not consider them insightful for purposes of dealing with issues such as anticolonialism. Roth's characterization of my Review as falling within critical approaches to international law …

Humanitarian Intervention At A Crossroads, Bartram S. Brown

William & Mary Law Review

No abstract provided.

Reconsidering The Legality Of Humanitarian Intervention: Lessons From Kosovo, Julie Mertus

William & Mary Law Review

No abstract provided.

Carl Schmitt: The Defective Guidance For The Critique Of Political Liberalism, Emanuel Richter

Cardozo Law Review

No abstract provided.

A Just War? Or Just A War?: Schmitt, Habermas, And The Cosmopolitan Orthodoxy, William Rasch

Cardozo Law Review

No abstract provided.

The United Kingdom In The Establishment Of An International Criminal Court: A Case Study Of Middle Power Theory, Laura C. Cook

Undergraduate University Honors Capstones

This capstone explores the role of the United Kingdom in the establishment of the International Criminal Court. This paper explores the background of the ICC, middle power theory, how middle power theory applies to the United Kingdom, and if middle power theory is appropriate to describe the United Kingdom’s actions.

Does V. Ministry Of Defense, Aharon Barak, Theodor Or, Eliahu Mazza, Itzchak Zamir, Mishael Cheshin, Shlomo Levin, Yaakov Kedmi, Jacob Turkel, Dalia Dorner

Translated Opinions

Facts: The petitioners were citizens of Lebanon, who were brought to Israel between the years 1986-1987 by the security forces, and put on trial for their membership in hostile organizations and for their involvement in attacks against IDF and LDF. The petitioners had been convicted and sentenced to various sentences of imprisonment, which they served. Subsequently, the petitioners were held in administrative detention under section 2 of the Emergency Powers (Detentions) Law 5739-1979. This administrative detention was extended from time to time, for additional six month periods, in accordance with the same section. The question before the court was whether …

Of Law, Lawlessness, And Sovereignty : Multinational Peacekeeping And International Law, Antje Mays

Dacus Library Faculty Publications

Laws of war have been carefully defined by individual nations’ own codes of law as well as by supranational bodies. Yet the international scene has seen an increasing movement away from traditionally declared war toward multinational peacekeeping missions geared at containing local conflicts when perceived as potential threats to their respective regions’ political stability. While individual nations’ laws governing warfare presuppose national sovereignty, the multinational nature of peacekeeping scenarios can blur the lines of command structures, soldiers’ national loyalties, occupational jurisdiction, and raise profound questions as to which countries’ moral sense/governmental system is to be the one upheld. Historically increasingly …

Denationalization, Inclusion, And Exclusion: Negotiating The Boundaries Of Belonging, Susan B. Coutin

Indiana Journal of Global Legal Studies

No abstract provided.

The Lexus, The Olive Tree, And The Controversial Global "Democracy", Christina A. Urbanski

Indiana Journal of Global Legal Studies

No abstract provided.

The Need To Distinguish Denationalized And Postnational, Saskia Sassen

Indiana Journal of Global Legal Studies

No abstract provided.

The Impact Of State Sovereignty On Global Trade And International Taxation, By Ramon J. Jeffery, Michael P. Avramovich

Indiana Journal of Global Legal Studies

No abstract provided.

From Corruption To Cooperation: Globalization Brings A Multilateral Agreement Against Foreign Bribery, Andrea D. Bontrager Unzicker

Indiana Journal of Global Legal Studies

No abstract provided.

The New Biology And International Sharing - Lessons From The Life And Works Of George P. Smith, Ii (Inaugural Lecture: George P. Smith, Ii, Distinguished Visiting Professorship-Chair Of Law), Michael D. Kirby

Indiana Journal of Global Legal Studies

[The George P. Smith, II, Distinguished Visiting Professorship-Chair

of Law and Legal Research endowment was established by George P.

Smith to broaden students' exposure to scholars and judges of national

and international reputation and to allow distinguished visiting scholars

the opportunity to do research at Indiana University and share their

ideas with the faculty and students of the Indiana University School of

Law and Indiana University. George P. Smith, an Indiana native,

received his B.S. degree in business, economics, and public policy in

1961 from Indiana University and his J. D. from the Indiana University

School of Law in 1964. …

Citizenship Denationalized (The State Of Citizenship Symposium), Linda Bosniak

Indiana Journal of Global Legal Studies

No abstract provided.