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2001

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Articles 361 - 390 of 576

Full-Text Articles in International Law

Legislating The Golden Rule: Achieving Comparable Protection Under The European Union Database Directive , Julie Wald Jan 2001

Legislating The Golden Rule: Achieving Comparable Protection Under The European Union Database Directive , Julie Wald

Fordham International Law Journal

This Note examines the types of protection given to databases in both the United States and Europe. Part I discusses the reasons for providing databases protection. Part I also provides background information on the EU Database Directive, and examines the history of copyright protection of databases in the United States in light of a landmark Supreme Court decision and then analyzes the approach to database protection arising under the Collections of Information Antipiracy Act, a proposed law in the U.S. Congress. Part II balances sui generis protection in the EU Database Directive with misappropriation in H.R. 354. Part II also …


Policing Undercover Agents In The United Kingdom: Whether The Regulation Of Investigatory Powers Act Complies With Regional Human Rights Obligations, Cara Hirsch Jan 2001

Policing Undercover Agents In The United Kingdom: Whether The Regulation Of Investigatory Powers Act Complies With Regional Human Rights Obligations, Cara Hirsch

Fordham International Law Journal

This Comment explores the background of the conflict in Northern Ireland and an example of alleged past corruption in the UK security forces' use of covert agents. It discusses the legal background surrounding the enactment of RIPA, including the direct legislative history of the Act and the Act's indirect history, as evidenced through decisions of the European Court of Human Rights. It also examines the statutory framework of RIPA focusing on the provisions that serve as a check on the use of covert human surveillance in the United Kingdom and Northern Ireland. Finally, this Comment argues that RIPA is insufficient …


Introduction, Thane Rosenbaum Jan 2001

Introduction, Thane Rosenbaum

Fordham International Law Journal

The purpose of this special issue of the Fordham International Law Journal and the underlying Symposium that was held on November 1, 2001 at Fordham Law School is to examine the moral dimensions of the question of restitution in the aftermath of atrocity. This special edition will specifically explore questions regarding restitution for victims of the Holocaust nearly sixty years after the liberation of the concentration camps of Europe.


The Early History Of German-Jewish Reparations, Menachem Z. Rosensaft, Joana D. Rosensaft Jan 2001

The Early History Of German-Jewish Reparations, Menachem Z. Rosensaft, Joana D. Rosensaft

Fordham International Law Journal

This Article provides an overview of the process leading up to the first comprehensive German-Jewish reparations agreements in order to give a historical context to the contemporary discussion of Holocaust-related reparations and restitution. The Article further attempts to shed some light on the behind-the-scenes role played by Josef Rosensaft, one of the individuals involved in the early stages of the reparations negotiations, and his parallel efforts to remedy the 1950-1951 denial of compensation payments to some 18,000 Jewish DP's by the German Land (State) of Lower Saxony.


The Evolution And Objectives Of The Holocaust Restitution Initiatives, Transcripts Jan 2001

The Evolution And Objectives Of The Holocaust Restitution Initiatives, Transcripts

Fordham International Law Journal

Contains the records of remarks from a panel discussion on the evolution and objectives of the Holocaust restitution initiatives. Covers discussion of the moral dimension to restitution, legal questions, and complexity of the situation with regard to third party purchasers of stolen property. Panel included a social psychologist and psychotherapist, a professor of law, and the Special Representative of the German, Chancellor for the Foundation: “Remembrance, Responsibility and the Future,” Germany.


Kosovo And The Law Of Humanitarian Intervention, John J. Merriam Jan 2001

Kosovo And The Law Of Humanitarian Intervention, John J. Merriam

Case Western Reserve Journal of International Law

No abstract provided.


Burger-Fischer V. Degussa Ag: U.S. Courts Allow Siemens And Degussa To Profit From Holocaust Slave Labor, Kara C. Ryf Jan 2001

Burger-Fischer V. Degussa Ag: U.S. Courts Allow Siemens And Degussa To Profit From Holocaust Slave Labor, Kara C. Ryf

Case Western Reserve Journal of International Law

No abstract provided.


Masthead, Volume 33 Issue 1 (2001) Jan 2001

Masthead, Volume 33 Issue 1 (2001)

Case Western Reserve Journal of International Law

No abstract provided.


Volume 33 Issue 1 (2001), Cwru Journal Of International Law Jan 2001

Volume 33 Issue 1 (2001), Cwru Journal Of International Law

Case Western Reserve Journal of International Law

No abstract provided.


Intellectual Property Rights And Economic Development, By Keith Maskus, Robert E. Evenson Jan 2001

Intellectual Property Rights And Economic Development, By Keith Maskus, Robert E. Evenson

Case Western Reserve Journal of International Law

comment on the Markus article


Trips-Related Aspects Of Traditional Knowledge, Graham Dutfield Jan 2001

Trips-Related Aspects Of Traditional Knowledge, Graham Dutfield

Case Western Reserve Journal of International Law

No abstract provided.


Volume 33 Issue 2 (2001), Cwru Journal Of International Law Jan 2001

Volume 33 Issue 2 (2001), Cwru Journal Of International Law

Case Western Reserve Journal of International Law

No abstract provided.


Argentina's Emerging Standard Of Intellectual Property Protection: A Case Study Of The Underlying Conflicts Between Developing Countries, Trips Standards, And The United States, Kimberly A. Czub Jan 2001

Argentina's Emerging Standard Of Intellectual Property Protection: A Case Study Of The Underlying Conflicts Between Developing Countries, Trips Standards, And The United States, Kimberly A. Czub

Case Western Reserve Journal of International Law

This is called an article in the print version, but it appears to be (a note) written by a law student.


Finding Justice In South African Labor Law: The Use Of Arbitration To Evaluate Affirmative Action, Carmen Morris Twyman Jan 2001

Finding Justice In South African Labor Law: The Use Of Arbitration To Evaluate Affirmative Action, Carmen Morris Twyman

Case Western Reserve Journal of International Law

No abstract provided.


Labor Law Reform--Southern Africa, Sarah Christie Jan 2001

Labor Law Reform--Southern Africa, Sarah Christie

Case Western Reserve Journal of International Law

No abstract provided.


Employment And Labor Law Reform In New Zealand, Richard A. Epstein Jan 2001

Employment And Labor Law Reform In New Zealand, Richard A. Epstein

Case Western Reserve Journal of International Law

No abstract provided.


Volume 33 Issue 3 (2001), Cwru Journal Of International Law Jan 2001

Volume 33 Issue 3 (2001), Cwru Journal Of International Law

Case Western Reserve Journal of International Law

No abstract provided.


International Law In Crisis: Seeking The Best Prosecution Model For Somali Pirates, Sandra L. Hodgkinson Jan 2001

International Law In Crisis: Seeking The Best Prosecution Model For Somali Pirates, Sandra L. Hodgkinson

Case Western Reserve Journal of International Law

No abstract provided.


The Impact Of Third-Party Financing On Transnational Litigation, Cassandra Burke Robertson Jan 2001

The Impact Of Third-Party Financing On Transnational Litigation, Cassandra Burke Robertson

Case Western Reserve Journal of International Law

No abstract provided.


Price Tag: West Bank Settlers' Terrorizing Of Palestinians To Deter Israeli Government Law Enforcement, Ori Nir Jan 2001

Price Tag: West Bank Settlers' Terrorizing Of Palestinians To Deter Israeli Government Law Enforcement, Ori Nir

Case Western Reserve Journal of International Law

No abstract provided.


Climate Change And Crises Of International Law: Possibilities For Geographic Reenvisioning, Hari M. Osofsky Jan 2001

Climate Change And Crises Of International Law: Possibilities For Geographic Reenvisioning, Hari M. Osofsky

Case Western Reserve Journal of International Law

No abstract provided.


Forest Fires As A Common International Concern: Precedents For The Progressive Development Of International Environmental Law, Nicholas A. Robinson Jan 2001

Forest Fires As A Common International Concern: Precedents For The Progressive Development Of International Environmental Law, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

Without a better global effort to prevent and cope with forest fires, the remaining wild forests' resources of the world are at risk. Quite apart from the present loss of commercial timber and species habitat, and the present problems of flooding and erosion in the aftermath of fires, the loss of these wooded lands will reduce the capacity of regions to absorb carbon dioxide through photosynthesis, thereby making the challenge of managing emissions of greenhouse gases all the more problematic. Forests sequester carbon in their woody tissue as a result of photosynthesis, and are often termed the “lungs” of the …


Foreign Investment Companies Limited By Shares: The Latest Chinese Organization For Major International Ventures, Jim Jinpeng Zhang, Jung Y. Lowe Jan 2001

Foreign Investment Companies Limited By Shares: The Latest Chinese Organization For Major International Ventures, Jim Jinpeng Zhang, Jung Y. Lowe

Northwestern Journal of International Law & Business

Foreign Investment Companies Limited By Shares ("FICLBS") is one of the most important recent innovations in the People's Republic of China's ("China") foreign-invested enterprises law. Since January 10, 1995, China has authorized use of the FICLBS and, for the first time, it more closely resembles major corporate organizations used by international foreign investors.! So far over eighteen FICLBS have been approved for operation through 1999, with combined actual foreign investment of USD 1.2 billion.2 FICLBS has the potential to be the ideal organization for major international investment in China after it joins the World Trade Organization. The FICLBS can issue …


Transnational Bribery: The Big Questions, Steven R. Salbu Jan 2001

Transnational Bribery: The Big Questions, Steven R. Salbu

Northwestern Journal of International Law & Business

During the past few years, I have written extensively on the subject of transnational bribery. My articles have examined several aspects of this serious problem,' including the Foreign Corrupt Practices Act ("FCPA"), 2 re-cent multilateral global conventions to fight bribery,3 and the comparative costs and benefits of legislative versus systemic or institutional forms of change.4 This body of work also has addressed some of the problems that can accompany aggressive legal remedies, such as potential cultural imperialism5 and global discord.6 This examination has been rewarding, and it has spurred a rich exchange with a number of very talented scholars, as …


Getting From Salbu To The Tipping Point: The Role Of Corporate Action Within A Portfolio Of Anti-Corruption Strategies, Thomas W. Dunfee, David Hess Jan 2001

Getting From Salbu To The Tipping Point: The Role Of Corporate Action Within A Portfolio Of Anti-Corruption Strategies, Thomas W. Dunfee, David Hess

Northwestern Journal of International Law & Business

Salbu's "big questions" identify core issues for scholars on bribery and corruption. Salbu asks: (1) when may it be ethical to pay a bribe, (2) whether the Foreign Corrupt Practices Act's ("FCPA") provisions on "routine government action" permit us to distinguish between appropriate and inappropriate facilitative payments, (3) whether non-governmental organizations ("NGOs") should supplant the role of governments in fighting corruption, and (4) whether corporate principles can have an impact in the fight against corruption. Our focus is primarily on the latter question, but encompasses all of them. Implicit in Salbu's list is the question of whether a single magic …


Switzerland & The International Trade In Art & Antiquities, Michele Kunitz Jan 2001

Switzerland & The International Trade In Art & Antiquities, Michele Kunitz

Northwestern Journal of International Law & Business

Recently, Switzerland has proposed a law that would significantly tighten its regulation of the antiquities trade. The draft law seeks to comport Swiss law with the broad goals of international conventions on the protection and transfer of cultural property. However, given Switzerland's past reluctance to curtail the illicit trade in antiquities, it remains unclear whether this measure will pass or if passed, whether the law would be adequately enforced. The primary aim of this Comment is to detail the history of international law as it pertains to cultural property and draw attention to the Swiss role in fostering the illicit …


A Comparative Analysis Of National Rules In The United States, The United Kingdom And Canada On The Ethical Duties Of A Judge, Prosecutor And Defense Counsel On Making Commentary To The Press In An Ongoing Case, Bradley M.J. Kellogg Jan 2001

A Comparative Analysis Of National Rules In The United States, The United Kingdom And Canada On The Ethical Duties Of A Judge, Prosecutor And Defense Counsel On Making Commentary To The Press In An Ongoing Case, Bradley M.J. Kellogg

War Crimes Memoranda

No abstract provided.


Dams, International Rivers, And Riparian States: An Analysis Of The Recommendations Of The World Commission On Dams, Salman M.A. Salman Jan 2001

Dams, International Rivers, And Riparian States: An Analysis Of The Recommendations Of The World Commission On Dams, Salman M.A. Salman

American University International Law Review

No abstract provided.


What Happens Next Is Up To You: Human Rights At Risk In Dams And Development, Upendra Baxi Jan 2001

What Happens Next Is Up To You: Human Rights At Risk In Dams And Development, Upendra Baxi

American University International Law Review

No abstract provided.


The Third Annual Grotius Lecture: Just War And Humanitarian Intervention, Jean Bethke Elshtain Jan 2001

The Third Annual Grotius Lecture: Just War And Humanitarian Intervention, Jean Bethke Elshtain

American University International Law Review

No abstract provided.