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2003

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Articles 211 - 240 of 732

Full-Text Articles in International Law

The Problem Of Enforcing Environmental Norms In The Wto And What To Do About It, Sanford E. Gaines Jan 2003

The Problem Of Enforcing Environmental Norms In The Wto And What To Do About It, Sanford E. Gaines

UC Law SF International Law Review

National and international focus and efforts on trade has led to the comparative disadvantage of international environmental policy relative to trade policy in what is known as the trade-environment problematique. The tension between trade and the environment does not exist because trade norms trump environmental norms, but because of the tension between environmental protection and the intensification of economic activity to provide for the world's growing population. This article argues that rather than creating a new international institution to address the trade-environment problematique, international environmental policy should instead be more fully and deeply integrated into economic policy, which can only …

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Enforcing Environmental Norms: Diplomatic And Judicial Approaches, Nicholas A. Robinson Jan 2003

Enforcing Environmental Norms: Diplomatic And Judicial Approaches, Nicholas A. Robinson

UC Law SF International Law Review

In the space of one generation, through both national and international agreements, nations have established norms and a framework for environmental stewardship of the Earth. One sign of the acceptance and maturation of environmental norms is that nations now worry about how to enforce environmental law and how to achieve compliance. Enforcement of environmental laws is essential to attaining the international objective of sustainable development. To be effective, this enforcement must be routine, reasonably resourced and predictable-an arduous challenge. In order to build a sustainable global community, the nations of the world must renew their commitment to the United Nations, …

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Lessons About Autonomy And Integration From International Human Rights, Law Journals, And The World Of Golf, Elizabeth M. Bruch Jan 2003

Lessons About Autonomy And Integration From International Human Rights, Law Journals, And The World Of Golf, Elizabeth M. Bruch

Law Faculty Publications

No abstract provided.

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Reconciling State Sovereignty And Protections For The Internally Displaced, Bartram Brown Jan 2003

Reconciling State Sovereignty And Protections For The Internally Displaced, Bartram Brown

All Faculty Scholarship

No abstract provided.

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International Law Association Panel Discussion On "The Holocaust As Catalyst For International Justice": Summary Of Extemporaneous Remarks, Benjamin B. Ferencz Jan 2003

International Law Association Panel Discussion On "The Holocaust As Catalyst For International Justice": Summary Of Extemporaneous Remarks, Benjamin B. Ferencz

ILSA Journal of International & Comparative Law

After more than 40 million persons had been killed in war, there was an overwhelming determination to prevent the recurrence of such tragedies.

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Icc Pretrial Proceeding: Avoiding Gridlock, David Stoelting Jan 2003

Icc Pretrial Proceeding: Avoiding Gridlock, David Stoelting

ILSA Journal of International & Comparative Law

Millions of people have extraordinary hopes for the new International Criminal Court ("ICC"), the world's first permanent tribunal for genocide, war crimes and crimes against humanity.

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The Skewed Responsibility Narrative Of The "Failed States" Concept, Ralph Wilde Jan 2003

The Skewed Responsibility Narrative Of The "Failed States" Concept, Ralph Wilde

ILSA Journal of International & Comparative Law

The "failed state" concept, which came to prominence in academic and policy discourse in the early 1990's with the publication of David Helman and Steven Ratner's 1991 article Saving Failed States,' continues to enjoy widespread currency as a way of denoting situations where the governmental infrastructure in a state has broken down to a considerable degree.

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General Electric/Honeywell Merger: European Commission Antitrust Decision Strikes A Sour Note, Ricky D. Rivers Jan 2003

General Electric/Honeywell Merger: European Commission Antitrust Decision Strikes A Sour Note, Ricky D. Rivers

ILSA Journal of International & Comparative Law

Although antitrust regulation is justified on neutral grounds of economic efficiency and consumer protection, it appears from the international perspective that nations instead may make decisions concerning the application of their antitrust laws based on what is good for the nation at the expense of the global community.

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Linking Intellectual Property Rights In Developing Countries With Research And Development, Technology Transfer, And Foreign Direct Investment Policy: A Case Study Of Egypt's Pharmaceutical Industry, Sahar Aziz Jan 2003

Linking Intellectual Property Rights In Developing Countries With Research And Development, Technology Transfer, And Foreign Direct Investment Policy: A Case Study Of Egypt's Pharmaceutical Industry, Sahar Aziz

ILSA Journal of International & Comparative Law

The World Trade Organization (WTO) was formed in order to establish a set of international rules and norms for conducting trade among nations.

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Revisiting The United States Application Of Punitive Damages: Separating Myth From Reality, Patrick S. Ryan Jan 2003

Revisiting The United States Application Of Punitive Damages: Separating Myth From Reality, Patrick S. Ryan

ILSA Journal of International & Comparative Law

The application of punitive damages in the United States is widely misunderstood by European jurists.

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A New Perspective On The Universality Debate: Reverse Moderate Relativism In The Islamic Context, Jason Morgan-Foster Jan 2003

A New Perspective On The Universality Debate: Reverse Moderate Relativism In The Islamic Context, Jason Morgan-Foster

ILSA Journal of International & Comparative Law

The goal of the human rights movement to formulate a jurisprudence of rights valid for all of humanity is considered laudable by some,' offensive to others

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International Standards And The 2002 Presidential Election In Zimbabwe, Gabriel Shumba Jan 2003

International Standards And The 2002 Presidential Election In Zimbabwe, Gabriel Shumba

ILSA Journal of International & Comparative Law

Zimbabwe held a crucial Presidential Election from the 9th to the March 11, 2002.

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Funding Opportunities For Legal Services Programs Offer Hope For Battered Immigrants: A Call For Strides In Community Collaborations, E. Lesleigh Varner Jan 2003

Funding Opportunities For Legal Services Programs Offer Hope For Battered Immigrants: A Call For Strides In Community Collaborations, E. Lesleigh Varner

ILSA Journal of International & Comparative Law

Within the last decade, this country has made tremendous strides in the way of immigration legislation.

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Isla Journal Of International And Comparative Law, Isla Journal Of Comparative Law Jan 2003

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

ILSA Journal of International & Comparative Law

Faraway from the frightening attacks on the World Trade Center and the Pentagon, a wall next to a mosque in Northern England reads, "Avenge USA - kill a Muslim now.

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2003 Philip C. Jessup International Law Moot Court Competition International Court Of Justice At The Peace Palace The Hague, Netherlands, Sefton Warner, Elena Tsangari, Damien Agius, Anna Lyons, Jason Chai Jan 2003

2003 Philip C. Jessup International Law Moot Court Competition International Court Of Justice At The Peace Palace The Hague, Netherlands, Sefton Warner, Elena Tsangari, Damien Agius, Anna Lyons, Jason Chai

ILSA Journal of International & Comparative Law

The Republic of Annolay and the Republic of Reston have submitted the present dispute by Special Agreement to the International Court of Justice pursuant to Articles 36(1) and 40(1) of the Statute of the Court for final resolution.

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Isla Journal Of International And Comparative Law, Isla Journal Of Comparative Law Jan 2003

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

ILSA Journal of International & Comparative Law

The World Trade Organization (WTO) was formed in order to establish a set of international rules and norms for conducting trade among nations.

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A Comparative Look At Anti-Stalking Legislation In The United States And Japan, Nga B. Tran Jan 2003

A Comparative Look At Anti-Stalking Legislation In The United States And Japan, Nga B. Tran

UC Law SF International Law Review

Even with anti-stalking laws in place in the United States, the persistence of stalking crimes is alarming. Providing victims with maximum protection under a legal system requires drafting constitutionally valid statutes, mandatory police education and training on the subject and prevention and early intervention. In addition, comparing the anti-stalking laws in the United States with the newly implemented anti-stalking laws in Japan, which have been very effective in curbing the activities of stalkers, leads to the conclusion that anti-stalking laws in the U.S. should incorporate many of Japan's victim-oriented measures.

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Indigenous Peoples, Indigenous Farmers: Nafta's Threat To Mexican Teosinte Farmers And What Can Be Done About It, Keith Sealing Jan 2003

Indigenous Peoples, Indigenous Farmers: Nafta's Threat To Mexican Teosinte Farmers And What Can Be Done About It, Keith Sealing

American University International Law Review

No abstract provided.

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Search, Sentence, And (Don't) Sell: Combating The Threat Of Biological Weapons Through Inspections, Criminalization, And Restrictions On Equipment, Timothy K. Gilman Jan 2003

Search, Sentence, And (Don't) Sell: Combating The Threat Of Biological Weapons Through Inspections, Criminalization, And Restrictions On Equipment, Timothy K. Gilman

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Suriname-Guyana Maritime And Territorial Disputes: A Legal And Historical Analysis, Thomas W. Donovan Jan 2003

Suriname-Guyana Maritime And Territorial Disputes: A Legal And Historical Analysis, Thomas W. Donovan

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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The Realpolitik Of Empire, Tikkun A. S. Gottschalk Jan 2003

The Realpolitik Of Empire, Tikkun A. S. Gottschalk

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Looking Up, Down And Across: The Icty's Place In The International Legal Order, Mark A. Drumbl Jan 2003

Looking Up, Down And Across: The Icty's Place In The International Legal Order, Mark A. Drumbl

Scholarly Articles

Not available.

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Terrorism, A History: Stage One, Sharon Harzenski Jan 2003

Terrorism, A History: Stage One, Sharon Harzenski

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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America's Borders And Civil Liberties In A Post-September 11th World, Christopher H. Lytton Jan 2003

America's Borders And Civil Liberties In A Post-September 11th World, Christopher H. Lytton

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Hate Speech Online: Restricted Or Protected? Comparison Of Regulations In The United States And Germany, Yulia A. Timofeeva Jan 2003

Hate Speech Online: Restricted Or Protected? Comparison Of Regulations In The United States And Germany, Yulia A. Timofeeva

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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National Human Rights Institutions: Good Governance Perspectives On Institutionalization Of Human Rights, C. Raj Kumar Jan 2003

National Human Rights Institutions: Good Governance Perspectives On Institutionalization Of Human Rights, C. Raj Kumar

American University International Law Review

No abstract provided.

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México: ¿Nuevamente Una Colonia Europea?, Richard Stith Jan 2003

México: ¿Nuevamente Una Colonia Europea?, Richard Stith

Law Faculty Publications

No abstract provided.

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Trafficking As A Human Rights Violation: The Complex Intersection Of Legal Frameworks For Conceptualizing And Combating Trafficking, Joan Fitzpatrick Jan 2003

Trafficking As A Human Rights Violation: The Complex Intersection Of Legal Frameworks For Conceptualizing And Combating Trafficking, Joan Fitzpatrick

Michigan Journal of International Law

The author will focus on three legal instruments: (1) the 2000 Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, supplementing the United Nations Convention Against Transnational Organized Crime (the Trafficking Protocol); (2) the Victims of Trafficking and Violence Protection Act (VTVPA), enacted by the U.S. Congress in 2000; and (3) the regulations issued in 2002 by the U.S. Department of Justice to implement the T visa for trafficking victims. The U.S. response to trafficking illustrates the difficulties faced by human rights advocates in source, transit, and destination countries to insure that anti-trafficking and other migration …

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The New Frontier Of Constitutional Confession Law - The International Arena: Exploring The Admissibility Of Confessions Taken By U.S. Investigators From Non-Americans Abroad, Mark A. Godsey Jan 2003

The New Frontier Of Constitutional Confession Law - The International Arena: Exploring The Admissibility Of Confessions Taken By U.S. Investigators From Non-Americans Abroad, Mark A. Godsey

Faculty Articles and Other Publications

This Article is part two in an ongoing series. Part I, published at 51 DUKE L. J. 1703 (2002), argued that Miranda warnings should not be strictly required when U.S. agents interrogate non-U.S. citizens abroad. This Article picks up where the first left off, and asks the question: "In the absence of Miranda, do any provisions in the Bill of Rights restrict the ability of U.S. agents to obtain confessions from non-Americans abroad?"

The Article begins by examining the back up or default rules to Miranda in the domestic setting. These rules are the "due process involuntary confession rule," which …

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Blending Criminal Procedure At The Ad Hoc Tribunals, William A. Schabas Jan 2003

Blending Criminal Procedure At The Ad Hoc Tribunals, William A. Schabas

Michigan Journal of International Law

Review of International Criminal Evidence by Richard May & Marieke Wierda

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