Open Access. Powered by Scholars. Published by Universities.®

International Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

2001

Discipline
Institution
Keyword
Publication
Publication Type

Articles 421 - 450 of 576

Full-Text Articles in International Law

Undue Delay, Kelly M. Before Jan 2001

Undue Delay, Kelly M. Before

War Crimes Memoranda

No abstract provided.

Go to article

Comparative Federalism And The Issue Of Commandeering, Daniel Halberstam Jan 2001

Comparative Federalism And The Issue Of Commandeering, Daniel Halberstam

Book Chapters

Divided power systems, such as the United States, the European Union, and the Federal Republic of Germany, confront a common question: whether the central government may 'commandeer' its component States, that is, whether the central government may issue binding commands that force its component States to take regulatory action with respect to private parties. This chapter explores what may initially appear as a puzzling difference in the answers given. Whereas US constitutional jurisprudence currently prohibits commandeering, the founding charters of the EU and Germany permit such action. And all do so in the name of protecting the integrity and importance …

Go to article

Market Power In Electricity Markets: Regulation, Deregulation And Competition - Lessons From The Italian Experience And Other European And U.S. Case Studies, Giuseppe Tesauro Jan 2001

Market Power In Electricity Markets: Regulation, Deregulation And Competition - Lessons From The Italian Experience And Other European And U.S. Case Studies, Giuseppe Tesauro

Fordham International Law Journal

The purpose of this Essay is threefold. First, to describe the Italian reform in electricity markets, comparing the models of liberalization and privatization followed by the Italian legislator with the British and French experiences. Second, to analyze the structure of the Italian electricity industry, which arose from the reform, and to study its effects in terms of increased competition from the vertical separation of the former monopolist. For this reason the traditional definition of market power will be revised. New indicators of the existence of a dominant position will be described. Studying the peculiarities of this industry, it will be …

Go to article

Holding Multinational Corporations Responsible Under International Law, Joel R. Paul Jan 2001

Holding Multinational Corporations Responsible Under International Law, Joel R. Paul

Faculty Scholarship

No abstract provided.

Go to article

Codes Of Conduct: The Fiction Of Corporate Self-Regulation, Naomi Roht-Arriaza Jan 2001

Codes Of Conduct: The Fiction Of Corporate Self-Regulation, Naomi Roht-Arriaza

Faculty Scholarship

No abstract provided.

Go to article

Which Torts In Violation Of The Law Of Nations?, William S. Dodge Jan 2001

Which Torts In Violation Of The Law Of Nations?, William S. Dodge

Faculty Scholarship

No abstract provided.

Go to article

The Degree Of Corroboration Required For A Witness’ Testimony To Be Considered Credible By The Trial Chamber., Patricia Wedding Jan 2001

The Degree Of Corroboration Required For A Witness’ Testimony To Be Considered Credible By The Trial Chamber., Patricia Wedding

War Crimes Memoranda

No abstract provided.

Go to article

Which Torts In Violation Of The Law Of Nations, William S. Dodge Jan 2001

Which Torts In Violation Of The Law Of Nations, William S. Dodge

UC Law SF International Law Review

No abstract provided.

Go to article

Is A Foreign State A "Person"? Does It Matter?: Personal Jurisdiction, Due Process, And The Foreign Sovereign Immunities Act, 34 N.Y.U. J. Int'l L. & Pol. 115 (2001), Karen H. Cross Jan 2001

Is A Foreign State A "Person"? Does It Matter?: Personal Jurisdiction, Due Process, And The Foreign Sovereign Immunities Act, 34 N.Y.U. J. Int'l L. & Pol. 115 (2001), Karen H. Cross

UIC Law Open Access Faculty Scholarship

No abstract provided.

Go to article

Genocide In International Law, Jenia I. Turner Jan 2001

Genocide In International Law, Jenia I. Turner

Faculty Journal Articles and Book Chapters

No abstract provided.

Go to article

Justice In Africa: Rwanda's Genocide, Its Courts, And The Un Criminal Tribunal, Jenia I. Turner Jan 2001

Justice In Africa: Rwanda's Genocide, Its Courts, And The Un Criminal Tribunal, Jenia I. Turner

Faculty Journal Articles and Book Chapters

No abstract provided.

Go to article

The Role Of The Presiding Judge In Garnering Respect For Decisions Of International Courts, Jean Allain Jan 2001

The Role Of The Presiding Judge In Garnering Respect For Decisions Of International Courts, Jean Allain

Michigan Journal of International Law

The following study considers the role that should be assumed by a presiding judge to ensure full respect for the rule of law internationally. The foundation for this study lies in an examination of the dispute settlement provisions of the Law of the Sea Convention as well as its mechanism for the settlement of disputes-the International Tribunal for the Law of the Sea. The Tribunal was called upon to deliver judgment in the MIV Saiga case. The judgment, along with the primary dissenting opinion, are considered, compared, and analyzed in order to demonstrate the extent to which the judgment is, …

Go to article

Sanctions As Genocide, George Bisharat Jan 2001

Sanctions As Genocide, George Bisharat

Faculty Scholarship

No abstract provided.

Go to article

Should An Effective International Criminal Court Have Primacy Or Be Complementary To National Courts? An Analysis Of Concurrent Jurisdiction In The Ad Hoc Tribunals And The Rome Statute, Godwin Yenika Fonye Jan 2001

Should An Effective International Criminal Court Have Primacy Or Be Complementary To National Courts? An Analysis Of Concurrent Jurisdiction In The Ad Hoc Tribunals And The Rome Statute, Godwin Yenika Fonye

LLM Theses and Essays

Concurrent criminal jurisdiction depicts a scenario where two or more judicial systems have the legal capacity to investigate, prosecute and punish an accused person for the same criminal acts under their respective, separate jurisdiction. This usually occurs between sovereign states. In the realm of crimes under international law, the distinguishing characteristic is the universal jurisdiction that is conferred on all States to prosecute and punish the perpetrators of such crimes. The "cumulative effect of these different principles of jurisdiction sometimes is to vest multiple states with concurrent jurisdiction to prosecute a given crime. This paper would attempt to analyze the …

Go to article

Clean Air, Clean Processes? The Struggle Over Air Pollution Law In The People's Republic Of China, William P. Alford, Benjamin L. Liebman Jan 2001

Clean Air, Clean Processes? The Struggle Over Air Pollution Law In The People's Republic Of China, William P. Alford, Benjamin L. Liebman

Faculty Scholarship

This Article commences in Part I by introducing law-making in China before reconstructing the drafting process and attendant political battles leading up to the revision of China's principal air pollution law in 1995 – which, as Ackerman and Hassler observed with reference to the United States, can be every bit as messy as the soiled air such efforts are intended to address. Part II then examines the institutional factors that ultimately are critical to an understanding of why the 1995 APPCL, as promulgated, fell well short of its original authors' objectives but set in motion a process that over time …

Go to article

Remembering Chrystal Macmillan: Women's Equality And Nationality In International Law, Karen Knop, Christine Chinkin Jan 2001

Remembering Chrystal Macmillan: Women's Equality And Nationality In International Law, Karen Knop, Christine Chinkin

Michigan Journal of International Law

This article both continues and returns to the story of Chrystal Macmillan and the International Law Association. Some seventy-five years later, gender discrimination still exists in nationality law. For an American audience, Thailand's offer of nationality to U.S. golfer Tiger Woods, whose mother is Thai, highlighted the inequality of Thailand's laws on nationality. Although Thai women, as well as Thai men, can now pass their nationality to their children, the law continues to discriminate against women in other matters of nationality. Whereas the foreign wives of Thai men are specially entitled to apply for Thai nationality, the foreign husbands of …

Go to article

How International Is 'International' Law?, Kurt Taylor Gaubatz, Matthew Macarthur Jan 2001

How International Is 'International' Law?, Kurt Taylor Gaubatz, Matthew Macarthur

Michigan Journal of International Law

The international legal community posits universality as a central characteristic of modern international law. But there has been little work to assess the degree to which international legal norms are widely shared and incorporated into the foreign policy-making of states. Previous work in this area has attempted to describe the distribution of legal values across cultures. This work has proven contradictory and inconclusive. The epistemic communities literature suggests looking at the distribution of practitioners as an alternative approach for assessing the diffusion of norms and practices. In fact, the community of litigators who practice before the International Court of Justice …

Go to article

La Libertad De Expresion En El Sistema Interamericano De Proteccion De Los Derechos Humanos, Claudio Grossman Jan 2001

La Libertad De Expresion En El Sistema Interamericano De Proteccion De Los Derechos Humanos, Claudio Grossman

Scholarly Articles in Law Reviews & Journals

No abstract provided.

Go to article

Failing The Test: Germany Leads Europe In Dismantling Refugee Protection, Maryellen Fullerton Jan 2001

Failing The Test: Germany Leads Europe In Dismantling Refugee Protection, Maryellen Fullerton

Faculty Scholarship

No abstract provided.

Go to article

Cultural Relativism, Economic Development And International Human Rights In The Asian Context, Richard Klein Jan 2001

Cultural Relativism, Economic Development And International Human Rights In The Asian Context, Richard Klein

Scholarly Works

No abstract provided.

Go to article

Constitutionalism Of The European Union: Judicial Legislation And Political Decision-Making By The European Court Of Justice, Christoph Henkel Jan 2001

Constitutionalism Of The European Union: Judicial Legislation And Political Decision-Making By The European Court Of Justice, Christoph Henkel

Journal Articles

The focus of this article shall be the case law of the European Court of Justice. Despite recent proposals as well as other actions of the Member States to reform the Community Treaties, the expansion of judicial review by the European Court of Justice remains the driving force behind the development of constitutionalism of the European Union. In fact, the European Court of Justice and its case law play the most dominant and consistent role in the integration process. In doing so, the case law of the Court of Justice in part reflects the judicial activism comparable to early U.S. …

Go to article

Legitimacy, Globally: The Incoherence Of Free Trade Practice, Global Economics And Their Governing Principles Of Political Economy, Michael Henry Davis, Dana Neacsu Jan 2001

Legitimacy, Globally: The Incoherence Of Free Trade Practice, Global Economics And Their Governing Principles Of Political Economy, Michael Henry Davis, Dana Neacsu

Law Faculty Articles and Essays

In this article, we observe the legalized character of the phenomenon popularly called “globalization.” We first examine what it means to be a legalized phenomenon and observe that an important part of legalization is legitimation. In domestic legal regimes, legitimation is accomplished through the Rule of Law, which makes certain claims about the nature of the society of which the legal regime is a part. Simply stated, the Rule of Law claims that a legal system is legitimate if its rules are definite and predictable and are applied in a general, impartial, and non-retroactive manner. In the international trading system …

Go to article

Temporary Protection Of Refugees: Threat Or Solution?, James C. Hathaway Jan 2001

Temporary Protection Of Refugees: Threat Or Solution?, James C. Hathaway

Book Chapters

While many of us in the refugee protection community have traditionally seen temporary protection as something to be resisted, I believe that temporary protection could, in contrast, be a profoundly important part of a solution to the international refugee protection crisis. To make my argument that the right kind of temporary protection could be an important means to give new life to international refugee protection, I will briefly address three issues. First, I would like to suggest why it is that states around the world, in the North and increasingly in the South as well, are refusing the live up …

Go to article

Game Theory And Customary International Law: A Response To Professors Goldsmith And Posner, Mark A. Chinen Jan 2001

Game Theory And Customary International Law: A Response To Professors Goldsmith And Posner, Mark A. Chinen

Michigan Journal of International Law

In a pair of recent articles, Professors Jack Goldsmith and Eric Posner have used game theoretic principles to challenge the positivist account of customary international law. Their writings join other early attempts to apply game theory to the international law sources. The author has two purposes in this Article. The first is to evaluate game theory's potential for yielding greater insight into customary international law and international law more generally. The second is to respond to the conclusions about customary international law drawn by Professors Goldsmith and Posner.

Go to article

The Law Of Peoples. By John Rawls. Cambridge, London: Harvard University Press, 1999. (Book Review), Patrick O. Gudridge Jan 2001

The Law Of Peoples. By John Rawls. Cambridge, London: Harvard University Press, 1999. (Book Review), Patrick O. Gudridge

Articles

No abstract provided.

Go to article

Crossing Borderlands Of Inequality With International Legal Methodologies - The Promise Of Multiple Feminisms, Berta E. Hernández-Truyol Jan 2001

Crossing Borderlands Of Inequality With International Legal Methodologies - The Promise Of Multiple Feminisms, Berta E. Hernández-Truyol

UF Law Faculty Publications

This work provides insights into the gendered developments of international law. It explores the roles played by the gendered rule of law and by the conflation of economic, social, political, religious, cultural, and historic realities in the marginalization of women in the international, regional, and domestic spheres worldwide. The first section presents the myriad locations of women's persistent inequality. The next sets forth feminist theory that has been the basis of both the celebration of women's progress and the denunciation of women's subordination. The last part makes suggestions for the articulation of a methodology that follows the complex paths of …

Go to article

Capital Punishment: Corporate Criminal Liability For Gross Violations Of Human Rights, Diane Marie Amann Jan 2001

Capital Punishment: Corporate Criminal Liability For Gross Violations Of Human Rights, Diane Marie Amann

UC Law SF International Law Review

No abstract provided.

Go to article

Holding Multinational Corporations Responsible Under International Law, Joel R. Paul Jan 2001

Holding Multinational Corporations Responsible Under International Law, Joel R. Paul

UC Law SF International Law Review

No abstract provided.

Go to article

Protection For Indigenous Knowledge: An International Law Analysis, Miriam L. Quinn Jan 2001

Protection For Indigenous Knowledge: An International Law Analysis, Miriam L. Quinn

St. Thomas Law Review

A "Medicine Man"' working for the research foundation, Aston Laboratories, lost the cure for cancer. Dr. Robert Campbell, a brilliant research doctor stationed deep in the rainforests of Brazil, is on an assignment that could change the world of medicine forever. He is looking for a type of plant mutation that local medicine men, or witch doctors, use to cure cancer. The research was well-funded for many years until failure to report progress to the sponsoring foundation puts the project on hold. A young scientist, Dr. Rae Crane, goes to his rescue, learns of this magnificent cure and tries to …

Go to article

The Recognition Of Indigenous Peoples' And Community Traditional Knowledge In International Law, Rosemary J. Coombe Jan 2001

The Recognition Of Indigenous Peoples' And Community Traditional Knowledge In International Law, Rosemary J. Coombe

St. Thomas Law Review

Today I want to explore some of the international law-making efforts with respect to indigenous and traditional environmental knowledge. My work over the past three years has involved the study of the ongoing efforts underway to implement state obligations under the Convention on Biological Diversity ("CBD"), and the related efforts of the World Intellectual Property Organization (WIPO), to recognize, protect, and compensate for the contributions of indigenous and traditional communities' knowledge, innovations, and practices to the preservation and maintenance of biological diversity. This is a fascinating process of international lawmaking and an increasingly important field of global politics, which may …

Go to article

First Prev Next Last