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

International Law Commons™

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

2002

Discipline
Institution
Keyword
Publication
Publication Type

Articles 301 - 330 of 684

Full-Text Articles in International Law

A Digital Free Trade Zone And Necessarily-Regulated Self-Governance For Electronic Commerce: The World Trade Organization, International Law, And Classical Liberalism In Cyberspace, 20 J. Marshall J. Computer & Info. L. 595 (2002), Kristi L. Bergemann Jan 2002

A Digital Free Trade Zone And Necessarily-Regulated Self-Governance For Electronic Commerce: The World Trade Organization, International Law, And Classical Liberalism In Cyberspace, 20 J. Marshall J. Computer & Info. L. 595 (2002), Kristi L. Bergemann

UIC John Marshall Journal of Information Technology & Privacy Law

In the absence of a world government, cross border trade is always subject to rules that must be politically negotiated among nations that are sovereign in their own realm but not outside their borders. The author explores the development of an international trade and e-commerce paradigm in two main phases as the Internet superhighway bridges nations together. She argues that the construction of an international trading framework must strike the appropriate balance between institutional order and norms and the human and business realities of free trade and democracy. She further argues that the balance can be achieved by creating an …

Go to article

Isla Journal Of International And Comparative Law, Isla Journal Of Comparative Law Jan 2002

Isla Journal Of International And Comparative Law, Isla Journal Of Comparative Law

ILSA Journal of International & Comparative Law

The identification of the consumer as a discrete party, entitled to specific legal rights, is a product of the latter half of the twentieth century.

Go to article

Alternatives For Non-U.S. Attorneys In The United States, Farzad Damania Jan 2002

Alternatives For Non-U.S. Attorneys In The United States, Farzad Damania

ILSA Journal of International & Comparative Law

With globalization there has been a visible growth in the international trade of legal services.

Go to article

The Abcs And Ntbs Of Gmos: The Great European Union-United States Trade Debate - Do European Restrictions On The Trade Of Genetically Modified Organisms Violate Internaitonal Trade Law, Sarah Lively Jan 2002

The Abcs And Ntbs Of Gmos: The Great European Union-United States Trade Debate - Do European Restrictions On The Trade Of Genetically Modified Organisms Violate Internaitonal Trade Law, Sarah Lively

Northwestern Journal of International Law & Business

The genetic engineering of agriculture has spurred a lively worldwide discussion, and the technology has found both enthusiastic fans and formidable foes. Specifically, the United States has signed on as a proponent of the genetic modification of agriculture. In fact, the United States has become the largest producer of genetically modified organisms ("GMOs") and is consequently the leading exporter of genetically modified goods. On the other side of this debate lies the European Community ("EC"). The European Community is much less enthusiastic about GMOs and effectively questions their presence in our environment and food products. The European Community has focused …

Go to article

Terrorist Crime, Taliban Guilt, Western Victims, And International Law, Mark A. Drumbl Jan 2002

Terrorist Crime, Taliban Guilt, Western Victims, And International Law, Mark A. Drumbl

Scholarly Articles

On September 11th, 2001, al-Qaeda terrorists attacked the United States and killed approximately 3,000 civilians from 81 countries. Traditionally, international law treats armed attacks differently than criminal attacks. States launch armed attacks against other states; organized insurgency movements having some level of command or political structure also may launch internal armed attacks against state governments. Individuals or groups, on the other hand, initiate criminal attacks. The law responds to criminal attacks through investigation and trial. The law permits states to use force against other states in self-defense to armed attacks.The September 11th attack was a war-like attack undertaken against a …

Go to article

Recovering Attorneys' Fees As Damages Under The U.N. Sales Convention (Cisg): The Role Of Case Law In The New International Commercial Practice, With Comments On Zapata Hermanos V. Hearthside Baking, Harry M. Fletcher Jan 2002

Recovering Attorneys' Fees As Damages Under The U.N. Sales Convention (Cisg): The Role Of Case Law In The New International Commercial Practice, With Comments On Zapata Hermanos V. Hearthside Baking, Harry M. Fletcher

Northwestern Journal of International Law & Business

The conclusion I ultimately draw is that, although the holdings of individual cases are ambiguous, as a group the relevant foreign decisions clearly sanction an award of CISG damages to cover attorneys' fees that would not normally be compensable under U.S. national law. As I discuss in Part III of the article, the firmly-established "American rule" on recovery of attorneys' fees is that, in the absence of a statutory or contractual provision to the contrary, each party to a dispute must bear his or her own attorneys' fees. A line of U.S. cases construing Article 2 of the U.C.C. strongly …

Go to article

The Brazilian Legal Tradition And Environmental Protection: Friend Or Foe, Janelle E. Kellman Jan 2002

The Brazilian Legal Tradition And Environmental Protection: Friend Or Foe, Janelle E. Kellman

UC Law SF International Law Review

Brazil is home to almost forty-two percent of the area known worldwide as the Amazon basin. Despite its tremendous beauty and ecological richness, the Amazon forest is being destroyed at an unprecedented rate. Legal historians and international scholars have argued that the controversy surrounding the Amazon has stemmed from conflicting economic uses of the forest. Economics, however, is only one piece of the puzzle that accounts for the massive destruction of the rainforest and its surrounding ecosystem. Brazil has a complex set of environmental regulations and statutes. This Article examines how Brazilian legal culture and society have made it virtually …

Go to article

Microcredit As Model: A Critique Of State/Ngo Relations, Celia R. Taylor Jan 2002

Microcredit As Model: A Critique Of State/Ngo Relations, Celia R. Taylor

Sturm College of Law: Faculty Scholarship

This article argues that in an era of globalization, increased cooperation between States and NGOs is essential. While states will continue to dominate, globalization presents problems that go beyond the individual and even collective capacity of States. It uses microcredit, the practice of providing access to capital and other financial services sums of money to traditionally disadvantaged groups pioneered by the Grameen Bank in Bangladesh as a model for productive collaboration between States and NGOs. It assesses the roadblocks to such a collaborative model, and argues that careful attention to incentives and structure can overcome those hurdles and help all …

Go to article

Governance Of Internet Domain Names Against Cybersquatters In China: A Framework And Legal Perspective, Mo Zhang Jan 2002

Governance Of Internet Domain Names Against Cybersquatters In China: A Framework And Legal Perspective, Mo Zhang

UC Law SF International Law Review

Registration of domain names in China has been burgeoning at an accelerated pace in recent years. Due to the lack of an effective link between domain name registration and protection of trademarks, speculators, driven by the potential profit derived from registering famous marks and service marks of others, often abuse the registration and use of domain names. Consequently, trademark infringement stemming from illegal registration and use of domain names has emerged as a serious legal issue. Despite China's efforts to manage and control the registration of domain names through administrative schemes, such remedial measures seem inadequate to solve the thorny …

Go to article

State Sponsorship And Support Of International Terrorism: Customary Norms Of State Responsibility, Scott M. Malzahn Jan 2002

State Sponsorship And Support Of International Terrorism: Customary Norms Of State Responsibility, Scott M. Malzahn

UC Law SF International Law Review

International terrorists survive and flourish while working underground and out of sight. However, for all its secrecy, terrorism develops within national borders, often in cooperation with public officials or at the acquiescence of political leaders. This note explores the symbiotic relationship between states and private persons who commit crimes of international terrorism, and analyzes the relevant customary norms of international law that may serve as a legal device to hold states accountable in damages for state sponsorship and support of international terrorism. Although legal remedies to acts of terrorism are not always satisfactory, the potential value and positive externalities of …

Go to article

Upcoming Events At Wcl Fall 2002, Sustainable Development Law & Policy Jan 2002

Upcoming Events At Wcl Fall 2002, Sustainable Development Law & Policy

Sustainable Development Law & Policy

No abstract provided.

Go to article

International Criminal Courts And Fair Trials: Difficulties And Prospects, Jacob Katz Cogan Jan 2002

International Criminal Courts And Fair Trials: Difficulties And Prospects, Jacob Katz Cogan

Faculty Articles and Other Publications

The question "Can international criminal courts provide defendants with fair trials?" is one that has barely been posed, let alone answered. The realm of international criminal justice is distinguished from domestic criminal justice not simply because accountability and sovereignty weigh heavier in this context, but also because of the absence of an effective counterweight to check these interests. One approach to the fair trial issue focuses on the rights delineated in the tribunals' statutes, rules of procedure and evidence, and case law. A second approach to the problem of fair trials asks, instead, whether these international courts have the independence …

Go to article

Employer Beware? Enforcing Transnational Labor Standards In The United States Under The Alien Tort Claims Act, Sarah J. Adams-Schoen Jan 2002

Employer Beware? Enforcing Transnational Labor Standards In The United States Under The Alien Tort Claims Act, Sarah J. Adams-Schoen

Scholarly Works

The Alien Tort Claims Act (ATCA) arguably allows non-U.S. citizens to bring claims for violations of customary international law (CIL). Although CIL litigation typically embraces only egregious human rights violations, the scope of CIL actually encompasses all universally recognized rights, including some labor rights. This Comment explores the possibility that the ATCA may be used to litigate claims by non-U.S. citizens alleging violations of international labor rights. It concludes that the Act likely provides a vehicle for aggrieved employees to bring suit in U.S. court for violations of international labor standards. Finally, this Comment recognizes that the impact of ATCA …

Go to article

Panel On The Responses To The Recent Terrorist Attacks On The U.S., Anne F. Bayefsky Jan 2002

Panel On The Responses To The Recent Terrorist Attacks On The U.S., Anne F. Bayefsky

ILSA Journal of International & Comparative Law

The war on terrorism has a fundamental flaw, which puts its success directly at risk.

Go to article

Integrative-Inductive Social Cubism, Lana Russ-Trent Jan 2002

Integrative-Inductive Social Cubism, Lana Russ-Trent

ILSA Journal of International & Comparative Law

Whether in wars between nations or disputes within families, conflict is caused by many factors and forces, both internal and external, micro and macro.

Go to article

Resolving Holocaust Claims At The End Of The 20th Century: The United States Government's Role, Eric Rosand Jan 2002

Resolving Holocaust Claims At The End Of The 20th Century: The United States Government's Role, Eric Rosand

ILSA Journal of International & Comparative Law

I will focus on the role the U.S. Government has played in the past few years in the resolution of a number of Holocaust-related disputes

Go to article

International Police Force Or Tool For Harassment Of Human Rights Defenders And Political Adversaries: Interpol's Rift With The Human Rights Community, Charles R. Both Jan 2002

International Police Force Or Tool For Harassment Of Human Rights Defenders And Political Adversaries: Interpol's Rift With The Human Rights Community, Charles R. Both

ILSA Journal of International & Comparative Law

The limits imposed on member states are explicitly set forth in Article III of the ICPO-Interpol Constitution and General Regulations.

Go to article

The Cuban Adjustment Act: A Law Under Siege?, Javier Talamo Jan 2002

The Cuban Adjustment Act: A Law Under Siege?, Javier Talamo

ILSA Journal of International & Comparative Law

United States foreign policy toward Cuba has to a great degree been based on the containment and management of Cuban nationals seeking to migrate to the Untied States.

Go to article

Scientific Research Whaling In International Law: Objectives And Objections, Howard S. Schiffman Jan 2002

Scientific Research Whaling In International Law: Objectives And Objections, Howard S. Schiffman

ILSA Journal of International & Comparative Law

Scientific research whaling is one of the most hotly debated points of contention between anti-whaling forces and those few remaining states that seek to resume commercial whaling.

Go to article

The Unlawfulness Of The Use Or Threat Of Use Of Nuclear Weapons, Charles J. Moxley Jr. Jan 2002

The Unlawfulness Of The Use Or Threat Of Use Of Nuclear Weapons, Charles J. Moxley Jr.

ILSA Journal of International & Comparative Law

Our current policy is nuclear deterrence, whereby we threaten the use of nuclear weapons against any adversary who uses nuclear, chemical, biological, or even massive conventional weapons against us.

Go to article

The International Trial Of Slobodan Milosevic: Real Justice Or Realpolitik?, Michael P. Scharf Jan 2002

The International Trial Of Slobodan Milosevic: Real Justice Or Realpolitik?, Michael P. Scharf

ILSA Journal of International & Comparative Law

There were disquieting echoes of Nuremberg at the arraignment of Slobodan Milosevic in The Hague on July 3, 2001.

Go to article

Technological Advancements And The Evolution Of Terrorism, Cheri Ganeles Jan 2002

Technological Advancements And The Evolution Of Terrorism, Cheri Ganeles

ILSA Journal of International & Comparative Law

Terrorism is one of the most heinous crimes against humanity and human rights.

Go to article

Complejidad Como Un Amortiguador: El Cubo Social Belga, Neal Alan Carter Jan 2002

Complejidad Como Un Amortiguador: El Cubo Social Belga, Neal Alan Carter

ILSA Journal of International & Comparative Law

En toda su historia, B61gica ha sido una entidad compleja politicamente y socialmente.

Go to article

Those Who Could Not Wander And The Creation Of A State: The Jews And The Palestinians, Adam S. Klein Jan 2002

Those Who Could Not Wander And The Creation Of A State: The Jews And The Palestinians, Adam S. Klein

ILSA Journal of International & Comparative Law

When Jesus was in Jerusalem carrying his Cross to Cavalry, he took a moment to pause on a man's doorstep.

Go to article

Isla Journal Of International And Comparative Law, Ilsa Journal Of International & Comparative Law Jan 2002

Isla Journal Of International And Comparative Law, Ilsa Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.

Go to article

2002 Philip C. Jessup International Moot Court Competition, Chris Curran, Hamish Forsyth, Philippa Jones, Alexandra Smithyman, Reuven Young Jan 2002

2002 Philip C. Jessup International Moot Court Competition, Chris Curran, Hamish Forsyth, Philippa Jones, Alexandra Smithyman, Reuven Young

ILSA Journal of International & Comparative Law

The Republic of Turingia and the Republic of Babbage have brought their case before this Court by notification of the Special Agreement as provided for by Article 40(1) of the Statute of the International Court of Justice.

Go to article

Toward A Multidimensional Model Of Social Interaction As Related To Conflict Resolution Theory, S. Michael Hare Jan 2002

Toward A Multidimensional Model Of Social Interaction As Related To Conflict Resolution Theory, S. Michael Hare

ILSA Journal of International & Comparative Law

One of the themes in the study of social theory, throughout its history, has been the examination of the social forces of agency and structure.

Go to article

Sociedades Traumatizadas: Cubismo Social Y El Estado Predador De Haiti, Karen Jenkins Jan 2002

Sociedades Traumatizadas: Cubismo Social Y El Estado Predador De Haiti, Karen Jenkins

ILSA Journal of International & Comparative Law

Un aumento en sociedades devastadas y traumatizados por la violencia masiva se ha visto a fines del siglo veinte.

Go to article

Human Rights Institutions In Africa, Mary Ellen Tsekos Jan 2002

Human Rights Institutions In Africa, Mary Ellen Tsekos

Human Rights Brief

No abstract provided.

Go to article

News From The Inter-American System, Ismene Zarifis Jan 2002

News From The Inter-American System, Ismene Zarifis

Human Rights Brief

No abstract provided.

Go to article

First Prev Next Last