International Law Commons^™

Standing With The Persecuted: Adjudicating Religious Asylum Claims After The Enactment Of The International Religious Freedom Act Of 1998, Craig B. Mousin

BYU Law Review

No abstract provided.

Physicians For Human Rights V. Doron Almog—O.C. Southern Command, Eliahu Mazza, Mishael Cheshin, Esther Hayut

Translated Opinions

Facts: Petitioner requested an order that would prohibit the IDF from employing flechette shells in the context of military activities in the Gaza Strip. According to petitioners, the use of flechette shells means increased danger that there will be inadvertent casualties to non-combatants. As such, petitioners assert, flechette shells should be prohibited by the law of war.

Held: The Court held that, since the use of flechette shells was not prohibited by international conventions, it could not grant the petition. The Court noted that it had previously held that it would not intervene in the IDF’s choice of military weapons, …

Sexual Abuse Of Women In United States Prisons: A Modern Corollary Of Slavery_April 25, 2003, Brenda V. Smith

Presentations

No abstract provided.

April 18, 2003, Cao. Ltr From M. Taylor To Reference Group Re Annual Mtg., Meg Taylor

CAO General 1999-Present

No abstract provided.

Who Owns The Rules Of War? The War In Iraq Demands A Rethinking Of The International Rules Of Conduct, Kenneth Anderson

Popular Media

The war in Iraq requires a rethinking of the rules of conduct in war, international humanitarian law. The nature of asymmetric warfare in the conflict has turned out to be less a question of technological disparities than the weaker side turning to systematic violations of the laws of war as its method. Over time, we risk creating an international system in which it is tacitly assumed and permitted that the weaker side fight using systematic violations of the law as its method. Part of this trend arises from the biases of 1977 Protocol I which blessed activities of irregular forces …

Icann—Now And Then: Icann’S Reform And Its Problems, Kim G. Von Arx

Duke Law & Technology Review

This paper sheds some light upon the major problem arising from the current normative infrastructure of the DNS and provides a possible solution to the current physical problem of the DNS. The paper's main focus is the single-entity control of the A Root. The paper uses as a starting point the Blueprint prepared by the Committee on ICANN Evolution and Reform and raises the question: Has this reform done anything to resolve the single-entity control of the A Root? The paper argues that the reform has done nothing to solve the problem because the international privatization of the DNS merely …

Fish-Lipschitz V. Attorney General, Aharon Barak, Dalia Dorner, Jacob Turkel

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

During the IDF’s activity against terror infrastructure within the territories of the Palestinian Authority (“Defensive Shield” operation), armed Palestinians broke into the premises of the Church of the Nativity in Beth Lehem and locked down in the church basilica. Among them were wanted persons connected to a shooting terrorist act in which the husbands of the two petitioners were killed. During their time holding …

The Rule Of Law In China: Lawyers Without Law?: Hearing Before The Congressional-Executive Commission On China, 108th Cong., Apr. 1, 2003 (Statement Of James V. Feinerman, Prof Of Law, Geo. U. L. Center), James V. Feinerman

Testimony Before Congress

No abstract provided.

M. Cochester, Fpp, An Ngo Guide Toworld Bank's New Forests Policy, April 2003, Ifc

IFC E&S Performance Standards

No abstract provided.

Notre Dame Lawyer - Spring 2003, Notre Dame Law School

Notre Dame Lawyer

Reaching Beyond Borders
Encounter with Migrants
Reinforces Importance of Justice

Subsidiarity as a Structural Principle of International Human Rights Law

Agent Orange Heads to the Supreme Court

A Bed for the Night: Humanitarianism in Crisis

Notre Dame Law School Faculty Focus: Professor Joseph Bauer

Friend-in-Law: Local Attorney Shares His Knowledge with Chilean Counterparts

Clynes Endowment Brings Chief Justice Rehnquist to Campus

Law School Announces Loan Repayment Assistance Program Established to Aid Those in Public Service

Law School Graduate Invested into the Sovereign Military Order of Malta

April 2003, Cao. Extracting Sustainable Advantage. Rev. Of Ifc And Miga Extractive Projects. Final Report., Cao

CAO General 1999-Present

No abstract provided.

A Solution To The Yahoo! Problem? The Ec E-Commerce Directive As A Model For International Cooperation On Internet Choice Of Law, Mark F. Kightlinger

Law Faculty Scholarly Articles

In May 2000, a French court decided that a French law banning the display of Nazi materials for sale applies to an auction website hosted by the California-based company Yahoo! Inc. The following year, at the request of Yahoo! Inc., a U.S. District Court declared that the French judgment was unenforceable in the United States because enforcing it would violate an important public policy-the First Amendment. These two cases have attracted considerable attention because they crystallize a difficult problem. The Internet is global. Every website potentially reaches every home on the planet. Thus, website content or activity that may be …

Renvoi In Multinational Cases In New York Courts: Does Its Past Preclude Its Future?, Matthew Chait

Cardozo Journal of International and Comparative Law

The doctrine of renvoi, which requires courts to consider both the internal laws and conflict of laws rules of a foreign jurisdiction, has been a contentious issue in New York courts. While cases like In re Tallmadge rejected renvoi due to concerns of creating an endless cycle, In re Schneider embraced it, emphasizing the need to apply the whole law of the foreign jurisdiction. Modern approaches aim to integrate renvoi into interest analysis, focusing on practical applications to ascertain foreign interests accurately and promote reciprocity, while addressing concerns about sovereignty and forum shopping.

Vote Or Lose: An Analysis Of Decision-Making Alternatives For The World Trade Organization, Dmitiri V. Verenyov

Buffalo Law Review

No abstract provided.

Imputing War Crimes In The War On Terrorism: The U.S., Northern Alliance, And 'Container Crimes', Ahmed S. Younis

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Misreading A Canonical Work: An Analysis Of Mansfield's 1994 Study, Paul J. Heald

Scholarly Works

It would be hard to overestimate the influence of Edwin Mansfield's 1994 empirical study for the International Finance Corporation (an arm of the World Bank) of American business executives' attitudes toward low levels of intellectual property protection in developing nations. His paper is ubiquitously cited for the proposition that if developing countries raise their level of intellectual property protection (especially patents), they will attract foreign investment and technology transfer. In the spirit of the honoree of this symposium, I take a skeptical new look at a canonical work and conclude that the developing world should be very suspicious of the …

From Napster To Kazaa: The Battle Over Peer-To-Peer Filesharing Goes International, Seagrumn Smith

Duke Law & Technology Review

The Recording Industry Association of America (RIAA) may have won its domestic battle against Napster, but as an increasing number of peer-to-peer (P2P) providers crop up overseas, it has become apparent that the file-swapping battle has really just begun. As the recording and movie industries struggle to protect their copyrighted interests abroad, courts, both in the United States and in foreign countries, are being asked to answer difficult questions concerning international jurisdiction and enforcement. This ibrief will further explore these issues, particularly with reference to the RIAA's and Motion Picture Association of America's (MPAA) legal efforts against Kazaa, a foreign-based …

Hamadah V. Israel Auto Insurance Fund, Tova Strasberg-Cohen, Asher Grunis, Eliezer Rivlin

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.] 

The Appellant was injured in a traffic accident in Gaza in a car insured by an Israeli insurance company. The Appellant filed his claim seven years later in an Israeli court. The court found that the accident was subject to an order by the military commander, which established a two year limitations period for claims deriving from traffic accidents in Gaza, and thereby held …

Ub Viewpoint – The Silence Of The Muslims, Kenneth Lasson

All Faculty Scholarship

This article, written in the wake of the kidnapping and murder of Wall Street Journal reporter Daniel Pearl, questions the failure of Muslims strongly to condemn acts of violence and murder committed by Islamic extremists, and argues that such silence encourages neutral parties to wonder if moderate Muslims may indeed sympathize with "the killers of 'infidels'" - which in turn can lead to fear, bias, and group defamation.

Introduction: Water Law, Jay F. Stein

United States - Mexico Law Journal (1993-2005)

Also includes map of border of Mexico with the states of New Mexico and Texas

Emerging Water Issues In Mexico, Eduardo Viesca

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Mexico's Response To Problems Under The 1944 Treaty, Alberto Szekely

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Municipal Water Supply On The Border, Maria Elena Giner

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion: Claims Of The United States And Mexico Under The Treaty Of 1944 And The Municipal Acquisition Of Fresh Water Supplies In The Border Region, Jay F. Stein, Carlos Marin, Jill Warren, Alberto Szekely, Marilyn C. O'Leary, Maria Elena Giner

United States - Mexico Law Journal (1993-2005)

No abstract provided.

The Bellagio Draft Treaty As A Tool For Solving Border Groundwater Issues, Marilyn C. O'Leary

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Panel Discussion On The Future Of The Colorado River Delta, Malissa Hathaway Mckeith, David H. Getches, Jaime Palafox

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Introduction: The Current And Winding Paths Of Us-Mexico White Collar Crime, Bruce Zagaris

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Case Concerning Avena And Other Mexican Nationals (Mexico V. United States) No. 128 (I.C.J. Feb. 5, 2003), Http://Www/Icjcij. Org/Icjwww/Docket/Imus/Imusorder/Imus_I Order_20030205.Pdf

Capital Defense Journal

No abstract provided.

Water Law In The Republic Of Mexico, Abdon Hernandez

United States - Mexico Law Journal (1993-2005)

No abstract provided.

Mexico's Compliance With The 1994 Water Treaty Between The United States And Mexico: A Texas Perspective, Jill Warren

United States - Mexico Law Journal (1993-2005)

No abstract provided.