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International Law Commons

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2001

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Articles 301 - 330 of 576

Full-Text Articles in International Law

Foreign Direct Investment In Latin America: Nicaragua - A Case Study, Hunter R. Clark, Amanda Velazquez Jan 2001

Foreign Direct Investment In Latin America: Nicaragua - A Case Study, Hunter R. Clark, Amanda Velazquez

American University International Law Review

No abstract provided.


Accident, Exclusivity, And Passenger Disturbances Under The Warsaw Convention, Tory A. Weigand Jan 2001

Accident, Exclusivity, And Passenger Disturbances Under The Warsaw Convention, Tory A. Weigand

American University International Law Review

No abstract provided.


Free Movement Of Persons In The European Union, National Borders And Legal Reforms: The Principle Of Non-Discrimination Based On Nationality (Article 12 Ect), Ana Salinas De Frias Jan 2001

Free Movement Of Persons In The European Union, National Borders And Legal Reforms: The Principle Of Non-Discrimination Based On Nationality (Article 12 Ect), Ana Salinas De Frias

University of Miami International and Comparative Law Review

No abstract provided.


Género Y Derechos Fundamentales En Europa: Evolución Reciente De La Discriminación Positiva En El Ambito Laboral Y Electoral, Angel Rodriguez-Vergara Díaz Jan 2001

Género Y Derechos Fundamentales En Europa: Evolución Reciente De La Discriminación Positiva En El Ambito Laboral Y Electoral, Angel Rodriguez-Vergara Díaz

University of Miami International and Comparative Law Review

No abstract provided.


The World Commission On Dams' Contribution To The Broader Debate On Development Decision-Making, Daniel D. Bradlow Jan 2001

The World Commission On Dams' Contribution To The Broader Debate On Development Decision-Making, Daniel D. Bradlow

American University International Law Review

No abstract provided.


The Case Of The Foreign Lawyer: Internationalizing The U.S. Legal Profession, Carole Silver Jan 2001

The Case Of The Foreign Lawyer: Internationalizing The U.S. Legal Profession, Carole Silver

Fordham International Law Journal

The Article examines a group of approximately three hundred foreign layer LL.M. graduates working in New York between 1999 and 2000, and presents information about their nationality, education, and employment. This information is supplemented with stories of individual foreign lawyers, as well as with the large law firm perspective as articulated by hiring partners at a number of U.S.-based elite international firms. The Article considers the experiences of foreign lawyers in U.S. law schools and law firms, and explores the ways in which these organizations and the foreign lawyers come together to further their respective ends.


Alientating "Human" From "Right": U.S. And Uk Non-Compliance With Asylum Obligations Under International Human Rights Law, Inna Nazarova Jan 2001

Alientating "Human" From "Right": U.S. And Uk Non-Compliance With Asylum Obligations Under International Human Rights Law, Inna Nazarova

Fordham International Law Journal

Snapshot of the state of asylum seekers' rights in the United States and the UK at the time it was written. It provides an overview of U.S. and UK obligations to asylum seekers under international human rights law. The Comment also discusses the basics of U.S. and UK domestic law and procedure relevant to claims for asylum. The author advocates that the United State and the UK adopt a comprehensive approach to preserve asylum seekers' rights and concludes that domestic law should not become a pretext for human rights violations of asylum seekers in the post-September 11th world.


Between Restitution And International Morality, Elazar Barkan Jan 2001

Between Restitution And International Morality, Elazar Barkan

Fordham International Law Journal

This Essay explores a rush of restitution cases throughout the globe. The author sees in the pattern formed by these cases a central component of a new international morality. The Essay claims that these cases testify to a new globalism that pays greater attention to human rights. The author underscores the increasing way in which our histories shape our identities. Both realism and tentativeness of the historical identity have become part of the growing liberal political space that includes no longer merely Western countries, but has become attractive to numerous diverse groups and nations globally.


The Strategies Used To Achieve Non-Monetary Goals, Transcripts Jan 2001

The Strategies Used To Achieve Non-Monetary Goals, Transcripts

Fordham International Law Journal

Record of remarks from a panel titled, “The Strategies used to Achieve Non-monetary Goals.” Panelists included law professors, Director of the Office of Special Investigations, United States Department of Justice, and a Holocaust survivor and Treasurer of the American Gathering of Jewish Holocaust Survivors.


The Methods Used To Secure Monetary Restitution, Transcripts Jan 2001

The Methods Used To Secure Monetary Restitution, Transcripts

Fordham International Law Journal

Record of panel discussion of the methods used to secure monetary restitution for Holocaust survivors and their heirs. Panelists discussed class action suits brought on behalf of survivors and the use of large-scale litigation to win monetary restitution.


Welcoming Remarks, John Feerick, Thane Rosenbaum Jan 2001

Welcoming Remarks, John Feerick, Thane Rosenbaum

Fordham International Law Journal

Welcoming remarks and overview of the program of the Symposium.


Kosovo And The Limits Of International Law, David Wippman Jan 2001

Kosovo And The Limits Of International Law, David Wippman

Fordham International Law Journal

This article examines the legality and wisdom of the North Atlantic Treaty Organization (“NATO”) intervention in Kosovo in 1990. The Kosovo campaign pushed at the boundaries of international law in at least two important respects. First, NATO's decision to engage in large-scale military action without prior Security Council authorization raised significant doubts about the status of the law governing the use of force and the viability of United Nations (“U.N.”) primacy in matters of international peace and security. Second, NATO's high-altitude bombing campaign, conducted without a single NATO combat casualty but with significant civilian casualties within the FRY, called into …


Current Apathy For Coming Anarchy: Building The Special Court For Sierra Leone, Nicole Fritz, Alison Smith Jan 2001

Current Apathy For Coming Anarchy: Building The Special Court For Sierra Leone, Nicole Fritz, Alison Smith

Fordham International Law Journal

Part I of this Article examines the chronology of the decade-long conflict in Sierra Leone. It provides an illuminating backdrop against which the Special Court may be assessed and highlights particular features that the institutional design of the Special Court would have to accommodate. Part II explores the precedents for the Special Court. Specifically, it considers the establishment of the International Criminal Tribunal for the Former Yugoslavia ("ICTY") and the International Criminal Tribunal for Rwanda ("ICTR"), and the impetus behind the International Criminal Court, developments that parallel in time the unfolding of Sierra Leone's conflict. Part III subjects particular features …


Putting The Brakes On The Global Trafficking Of Women For The Sex Trade: An Analysis Of Existing Regulatory Schemes To Stop The Flow Of Traffic, Katrin Corrigan Jan 2001

Putting The Brakes On The Global Trafficking Of Women For The Sex Trade: An Analysis Of Existing Regulatory Schemes To Stop The Flow Of Traffic, Katrin Corrigan

Fordham International Law Journal

This Note addresses international trafficking of women for the sex trade. Part I describes the existing laws that prohibit trafficking of women for the sex trade internationally, within the European Union ("EU"), and in the United States. Part I also explains how these laws can be used to combat global trafficking of women. Part II analyzes existing anti-trafficking laws in the relevant international treaties, the EU, and in the Unites States. Part II explores experts' opinions on the shortcomings of the existing laws for effective prevention of trafficking. Part III advocates that a comprehensive approach is necessary to eradicate international …


Introduction- Twenty-Five Years Of The Fordham International Law Journal, Joseph C. Sweeney Jan 2001

Introduction- Twenty-Five Years Of The Fordham International Law Journal, Joseph C. Sweeney

Fordham International Law Journal

A review of the history of the Fordham ILJ. It is a partial reprint of an essay published in 20 FORDHAM INT'L L.J. 1 (1996). The essay attempts to briefly summarize the purpose of the ILJ and past volumes.


The Agreement On Privileges And Immunities Of The International Criminal Court , Phakiso Mochochoko Jan 2001

The Agreement On Privileges And Immunities Of The International Criminal Court , Phakiso Mochochoko

Fordham International Law Journal

The purpose of this Essay is to examine the provisions of the Agreement and provide the reader with hopefully useful background information on how compromises that enabled delegates to finalize the Agreement were reached. The hope is that this will augur well for a better understanding of the Agreement by filling some of the gaps that may be apparent from a cursory reading of the Agreement. The views expressed herein are those of the author and do not in anyway bind delegates that negotiated the Agreement.


Necessary Steps For The Creation Of The International Criminal Court , Jennifer Schense Jan 2001

Necessary Steps For The Creation Of The International Criminal Court , Jennifer Schense

Fordham International Law Journal

This Essay will examine in further detail the legal structure for the actual establishment of the Court and relevant examples, in particular the establishment of the International Criminal Tribunals for the former Yugoslavia and for Rwanda and the International Tribunal on the Law of the Sea. This Essay will also set forth some recommendations for timely action by governments, the United Nations, and other experts, to ensure that a solid foundation for the Court is constructed in a timely way.


Parallel Imports, The Intraband/Interbrand Competition Paradigm, And The Hidden Gap Between Intellectual Property Law And Antitrust, Eleanor M. Fox Jan 2001

Parallel Imports, The Intraband/Interbrand Competition Paradigm, And The Hidden Gap Between Intellectual Property Law And Antitrust, Eleanor M. Fox

Fordham International Law Journal

The exhaustion doctrine, in intellectual property law, restrains firms from restraining competition among different sellers of the same product. Thus, it restrains firms from restraining intraband competition. In U.S. antitrust law, firms have no duty to create or tolerate competition in their own product, and if they impose territorial restraints in the course of distributing their product, those restraints are presumed to be efficient for the firm and efficient or at least neutral for competition and consumers. This Essay argues that there is a gap between the intellectual property law and the antitrust law of vertical (intraband) restraints.


The International Criminal Court Arrives - The U.S. Position: Status And Prospects , John Washburn Jan 2001

The International Criminal Court Arrives - The U.S. Position: Status And Prospects , John Washburn

Fordham International Law Journal

This Essay first examines the current official U.S. position on the Court. The second section describes the development of the position as stated by Ambassador Prosper throughout the negotiations for the ICC from 1994 to the present. The final section reviews the prospects for changes in the U.S. position in the early years of the ICC's existence.


Energy Liberalization And Ec Competition Law , Michael Albers Jan 2001

Energy Liberalization And Ec Competition Law , Michael Albers

Fordham International Law Journal

Community competition policy utilizes four main instruments in order to contribute to the realization of these prerequisites: classical antitrust (prohibition of cartels and abuses of dominant positions), merger control, supervision of enterprises entrusted with special or exclusive rights, and State aid control. Energy liberalization requires the comprehensive use of all four instruments in order to bring about and ensure genuine competition on the European electricity and gas markets. It seems that energy liberalization is also unique in this regard. The close link between internal market and competition policy in the liberalization process means that both have to be seen together. …


Immigration At The Turn Of The New Century, Peter H. Schuck Jan 2001

Immigration At The Turn Of The New Century, Peter H. Schuck

Case Western Reserve Journal of International Law

No abstract provided.


Masthead, Volume 33 Issue 3 (2001) Jan 2001

Masthead, Volume 33 Issue 3 (2001)

Case Western Reserve Journal of International Law

No abstract provided.


Priosners No More: State Investment Relocation Incentives And The Prisoners' Dilemma, Daniel P. Petrov Jan 2001

Priosners No More: State Investment Relocation Incentives And The Prisoners' Dilemma, Daniel P. Petrov

Case Western Reserve Journal of International Law

No abstract provided.


Judicial Review Of Arbitration Awards Under The New South Africa Labour Relations Act Of 1995, Calvin William Sharpe Jan 2001

Judicial Review Of Arbitration Awards Under The New South Africa Labour Relations Act Of 1995, Calvin William Sharpe

Case Western Reserve Journal of International Law

No abstract provided.


Coming Of Age With Trips: A Comment On J.H. Reichman, The Trips Agreement Comes Of Age: Conflict Or Cooperation With The Developing Countries, Rochelle Cooper Dreyfuss Jan 2001

Coming Of Age With Trips: A Comment On J.H. Reichman, The Trips Agreement Comes Of Age: Conflict Or Cooperation With The Developing Countries, Rochelle Cooper Dreyfuss

Case Western Reserve Journal of International Law

comment on the Reichman article


The Post-Conflict Transitional Administration Of Kosovo And The Lessons-Learned In Efforts To Establish A Judiciary And Rule Of Law, Wendy S. Betts, Scott N. Carlson, Gregory Grisvold Jan 2001

The Post-Conflict Transitional Administration Of Kosovo And The Lessons-Learned In Efforts To Establish A Judiciary And Rule Of Law, Wendy S. Betts, Scott N. Carlson, Gregory Grisvold

Michigan Journal of International Law

The study of post-conflict Kosovo presents an important opportunity to distill lessons that can provide guidance for future post-conflict, transitional administrations. The lessons-learned from an analysis of any post-conflict setting are many and varied. The goal of this short paper is limited to the identification of key lessons-learned in the effort to reestablish the judiciary and rule of law in post-conflict Kosovo. Even within this limited setting, this paper is not intended to provide exhaustive coverage of the issue. Rather, it is intended to provide the reader with basic information and central themes that are essential to a discussion of …


Antiterrorism Military Commissions: Courting Illegality, Jordan J. Paust Jan 2001

Antiterrorism Military Commissions: Courting Illegality, Jordan J. Paust

Michigan Journal of International Law

On November 13, 2001, President Bush issued a sweeping and highly controversial Military Order for the purpose of creating military commissions with exclusive jurisdiction to try certain designated foreign nationals "for violations of the laws of war and other applicable laws" relevant to any prior or future "acts of international terrorism." The Order reaches far beyond the congressional authorization given the President "to use all necessary and appropriate force," including "use of the United States Armed Forces," against those involved in the September 11th attack "in order to prevent any future acts of international terrorism against the United States by …


The Value Vacuum: Self-Enforcing Regimes And The Dilution Of The Normative Feedback Loop, Claire R. Kelly Jan 2001

The Value Vacuum: Self-Enforcing Regimes And The Dilution Of The Normative Feedback Loop, Claire R. Kelly

Michigan Journal of International Law

This article proposes a modified constructivist theory, which links liberalism and constructivism through the normative feedback loop. Part I briefly explains traditional international relations theories such as realism, institutionalism, liberalism and constructivism. A modified constructivist perspective espouses the presence of two constants: (i) assertion of national preferences by constituents for whom the state acts as an agent in international relations, and (ii) social construction of state identities through interaction with other states in the international arena.


Sexual Orientation And International Law: A Study In The Manufacture Of Cross-Cultural "Sensitivity", Eric Heinze Jan 2001

Sexual Orientation And International Law: A Study In The Manufacture Of Cross-Cultural "Sensitivity", Eric Heinze

Michigan Journal of International Law

Interest groups advocating rights of sexual minorities have been lobbying international organizations for years without success. A standard explanation for that failure is that human sexuality is something complex, even mysterious, which requires that international organizations proceed with special caution. In this essay, it will be argued that such an explanation amounts to a self-fulfilling prophecy. Sexual orientation is neither more nor less complex than many other issues, such as race, ethnicity, religion or gender, which have nevertheless found wide recognition within leading intergovernmental organizations. It is not because sexual orientation is uniquely complex or mysterious that it is barred …


The Changing Labor Markets Of The Western Hemisphere: Labor Issues Relating To The Ftaa, Ann C. Hodges Jan 2001

The Changing Labor Markets Of The Western Hemisphere: Labor Issues Relating To The Ftaa, Ann C. Hodges

Richmond Journal of Global Law & Business

No abstract provided.