International Law Commons^™

Will Retrocession To A Communist Sovereign Have A Detrimental Effect On The Emphasis And Enforcement Of Laws Protecting Hong Kong's Environment?: The Czech Experience As Contraposition, J. Cameron Thurber

Florida State University Journal of Transnational Law & Policy

No abstract provided.

The Introduction Of Jury Trials And Adversarial Elements Into The Former Soviet Union And Other Inquisitorial Countries, James W. Diehm

Florida State University Journal of Transnational Law & Policy

No abstract provided.

The Evolution Of Codification In The Civil Law Legal Systems: Towards Decodification And Recodification, Maria Luisa Murillo

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Delverde And The Wto's British Steel Decision Foreshadow More Conflict Where The Wto Stubsidies Agreement, Privatization, And United States Countervailing Duty Law Intersect, Julie Dunne

American University International Law Review

No abstract provided.

Internet Jurisdiction Today, Adria Allen

Northwestern Journal of International Law & Business

This paper will use the Yahoo case to illustrate the unique jurisdictional dilemma posed by the Internet as countries try to enforce their laws in an era when laws may be broken, through the use of the Internet, from other countries with conflicting laws.' Part I of this paper will address the Yahoo case and its importance to Internet jurisdiction. Part II will explore traditional jurisdiction and apply it to the Yahoo case. Part III will identify twopotential theories of Internet jurisdiction and investigate whether they are feasible solutions to the problem posed by the Yahoo case. Part IV will …

Appeals In The Ad Hoc International Criminal Tribunals: Structure, Procedure, And Recent Cases, Mark A. Drumbl, Kenneth S. Gallant

Scholarly Articles

Two international criminal tribunals are developing and remaking much of international humanitarian law—the law of genocide, crimes against humanity, and war crimes. These are the International Criminal Tribunal for the Former Yugoslavia (“ICTY”)and the International Criminal Tribunal for Rwanda (“ICTR”).

For the first time, appellate practice and procedure have become vital to the development of international humanitarian law. These two ad hoc Tribunals have substantial appellate as well as trial jurisdiction. In this, they are quite different from their historic predecessors, the International Military Tribunals at Nuremberg and Tokyo following World War II, which had no appellate jurisdiction or appellate …

Universal Jurisdiction For International Crimes: Historical Perspectives And Contemporary Practice, M. Bassiouni

College of Law Faculty

No abstract provided.

Universal Jurisdiction For International Crimes: Historical Perspectives And Contemporary Practice, M. Bassiouni

College of Law Faculty

No abstract provided.

The Proposed E.U. Vat On Electronically Transmitted Services: Enforcement And Compliance Issues, Thomas Fawkes

Northwestern Journal of International Law & Business

This paper will begin by discussing the current VAT system in the E.U. It will also describe in detail the provisions of the proposed VAT amendments as they affect electronic commerce transactions with respect to both B2B and B2C transactions. Next, the practical effects of the VAT amendments in terms of increased VAT revenue for the E.U. and its mem-ber states will be discussed. Following will be a discussion on the past and present failures of the E.U. and its Member States in encouraging and en-forcing compliance under the current VAT Directive, and the implication of such failures on the …

Negotiating An Institution For The Twenty-First Century: Multilateral Diplomacy And The International Criminal Court, Valerie Oosterveld

Law Publications

The authors review the decades of discussion and years of negotiation that led to the adoption of the Statute of the International Criminal Court in 1998. By placing the creation of the International Criminal Court in its historical context, they emphasize the significance of the statute and the Court for international law. The lecture discusses various provisions of the statute, highlighting controversial aspects such as the jurisdiction of the Court and the crime of aggression. The statute reflects the compromises struck throughout the negotiations, compromises that are a necessary part of multilateral diplomacy. Though it was not possible to reconcile …

The Evolution Of International Humanitarian Law, Valerie Oosterveld, Darryl Robinson

Law Publications

Written by diplomatic practitioners, Human Security and the New Diplomacy is a straightforward account of challenges already overcome and the prospect for further progress. From the evolution of peace-keeping, to peacebuilding, humanitarian intervention, war-affected children, international humanitarian law, the International Criminal Court, the economic agendas of conflict, transnational crime, and the emergence of connectivity and a global civil society, the authors offer new insights into the importance of considering these issues as part of a single agenda. Human Security and the New Diplomacy is a case-study of a major Canadian foreign policy initiative and a detailed account of the first …

Infrastructure For Commerce, Michael B. Likosky

Northwestern Journal of International Law & Business

While the government presents the MSC as the embodiment of the future, structurally it bears remarkable resemblance to the colonial legal orders. The enclave nature of the MSC is reminiscent of the colonial dual legal orders. At the same time, the international legal and economic orders have undergone profound changes. The international legal order is now premised on sovereign absolutism and equality among nation-states. The reigning economic paradigm is high technology rather than manufacturing or the spice trade. Discussion of the continuities and discontinuities between colonial and present day transnational legal orders must thus attend to a number of variables. …

The Report Of The World Commission On Dams-Executive Summary

American University International Law Review

No abstract provided.

From Noriega To Pinochet: Is There An International Moral And Legal Right To Kidnap Individuals Accused Of Gross Human Rights Violations?, Sherri L. Burr

Faculty Scholarship

This article concerns the moral conceptions of justice and whether there should be an international legal right to kidnap individuals accused of gross human rights violations, and whether they should be brought before national and international judicial forums. This focus is based around the case of Dr. Humberto Alvarez Machain, a Mexican citizen, who was kidnapped from his medical office in Guadalajara, Mexico, at the behest of United States Drug Enforcement Agents (DEA) in 1990.

Uniform Rules Of Engagement: The New Tax Regime For Foreign Sales, Harold S. Peckron

UC Law SF International Law Review

The World Trade Organization (WTO) administers, enforces, and decides international trade disputes by establishing uniform rules of trade engagement designed to minimize trade wars. Countries that fail to abide by the WTO rules can be taken to the WTO courts and face eventual sanctioned retaliation. Without such rules, global economic competition can be as fierce as the most devastating battle and, as history has shown, can be the catalyst for war.

This Article examines the United States' alleged disregard of the WTO uniform trade rules through the use of foreign sales corporations, and how this tax regime almost ignited an …

The Nexus Between Intellectual Property Piracy, International Law, The Internet, And Cultural Values, David J. Stephenson Jr.

St. Thomas Law Review

In a way similar to the dramatic transformation of mass into energy at the speed of light, intellectual property piracy disputes have compellingly special characteristics when multicultural values clash over the Internet. The sudden explosion of Internet use outside of Western Europe and North America, especially in Asia, is most apparent in Singapore, which has the highest per capita use of the Internet anywhere in the world. This rapid global expansion of Internet use has been accompanied by related claims of intellectual property piracy that frequently resemble disputes that have recently arisen in United States and European courts. For example, …

Accountability Of Multinational Corporations: The Barriers Presented By Concepts Of The Corporate Juridical Entity, Phillip I. Blumberg

UC Law SF International Law Review

No abstract provided.

Categories Of Corporate Complicity In Human Rights Abuses, Andrew Clapham, Scott Jerbi

UC Law SF International Law Review

No abstract provided.

Two Observations On Holocaust Claims, William W. Bratton

UC Law SF International Law Review

No abstract provided.

U.S. Jurisdiction Over Conflicts Arising Outside Of The United States: Some Hegemonic Implications, Ugo Mattei, Jeffrey Lena

UC Law SF International Law Review

No abstract provided.

A New Approach To Corporate Responsibility: The Voluntary Principles On Security And Human Rights, Bennett Freeman, Maria B. Pica, Christopher N. Camponovo

UC Law SF International Law Review

No abstract provided.

Securing Transnational Corporate Accountability Through National Courts: Implications And Policy Options, Halina Ward

UC Law SF International Law Review

No abstract provided.

Indigenous Rights And Multinational Corporations At International Law, Patrick Macklem

UC Law SF International Law Review

No abstract provided.

Text Of Remarks On Panel: Indigenous Peoples, Environmental Torts And Cultural Genocide, Richard Herz

UC Law SF International Law Review

No abstract provided.

Enabling American High-Tech Companies To Protect Their Secrets Abroad: A Comparative Analysis Of Irish And American Trade Secret Regulation, Kelly Irene Phair

UC Law SF International Law Review

No abstract provided.

A Paper Tiger--An Examination Of The International Religious Freedom Act's Impact On Christianity In China, Betty L. Wong

UC Law SF International Law Review

No abstract provided.

International Tribunals And Their Ability To Provide Adequate Justice: Lessons From The Yugoslav Tribunal, Ivana Nizich

ILSA Journal of International & Comparative Law

In 1994 and 1996, respectively, the International Criminal Tribunals for the former Yugoslavia (ICTY) and Rwanda (ICTR) were created by the United Nations Security Council to hold accountable those responsible for genocide, war crimes, crimes against humanity and other violations of international laws and norms.

The United Kingdom's Human Rights Act Of 1998: Willthe Parliament Relinquish Its Soverignty To Ensure Human Rights Protection In Domestic Courts?, Christina M. Kitterman

ILSA Journal of International & Comparative Law

The United Kingdom has come into the new millennium with an unprecedented written set of human rights for its citizens.

Human Rights And Development In The 21st Century: The Complex Path To Peace And Democracy: Themes From The 2000 Goodwin Seminar, Douglas Lee Donoho

ILSA Journal of International & Comparative Law

As the twenty-first century begins, the international human rights system faces a profound anomaly.

Freedom Of Expression In The Inter-American System For The Protection Of Human Rights, Claudio Grossman

ILSA Journal of International & Comparative Law

Freedom of expression is one of democracy's fundamental values. Its importance takes on special connotations in nations where the separation of powers is fragile