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2003

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Articles 241 - 270 of 732

Full-Text Articles in International Law

Affirming Brahimi: East Timor Makes The Case For A Model Criminal Code, Megan A. Fairlie Jan 2003

Affirming Brahimi: East Timor Makes The Case For A Model Criminal Code, Megan A. Fairlie

Faculty Publications

In August of 2000, the Report of the Panel on United Nations Peace Operations (the “Brahimi Report”) considered the issue of transitional civil administration as an element of United Nations field operations. The Brahimi Report recommended the creation of an interim legal code as part of a U.N. justice package so that any future UN transitional administrations would be able to address the issue of “applicable law” in the early stages of its mission. Using the experience of the United National Transitional Administration in East Timor (UNTAET) as a case study, this article establishes how and why a complete model …

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Due Process Erosion: The Diminution Of Live Testimony At The Icty, Megan A. Fairlie Jan 2003

Due Process Erosion: The Diminution Of Live Testimony At The Icty, Megan A. Fairlie

Faculty Publications

Shortly after its creation in 1993, the International Criminal Tribunal for the former Yugoslavia (ICTY) adopted an adversarial construct and advocated a preference for the presentation of direct evidence, or live witness testimony, in its criminal trials. In the wake of that decision and under considerable pressure to expedite its proceedings, the ICTY judges responded with efforts to streamline the trial process, amending the Tribunal’s Rules of Procedure and Evidence so as to incrementally increase the admissibility of written evidence. This article tracks the relevant rule changes and questions the merit of the decision to move away from live testimony. …

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Surprised By Sin: Human Rights And Universality, Tawia Baidoe Ansah Jan 2003

Surprised By Sin: Human Rights And Universality, Tawia Baidoe Ansah

Faculty Publications

International human rights law's claim to universality, at the level of normative formation, has been shaped by conceptions of the self over time. The metaphysical reconfigurations of the self, from the Enlightenment to the present, have marked the human rights narrative in particular ways. This essay will suggest that since World War II, a conception of the self within a narrative of rights has been replaced, or at least countermanded, by a conception of sacral evil, with profound implications for the normative claim to universality of the human rights discourse. The essay begins with a synoptic analysis of the rise …

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How Long Must One Stay In The Usvi To Be Considered A "Resident" To Qualify For The 90% Residency Tax Credit?, Beckett G. Cantley Jan 2003

How Long Must One Stay In The Usvi To Be Considered A "Resident" To Qualify For The 90% Residency Tax Credit?, Beckett G. Cantley

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Constitutional Constraints On The International Law-Making Power Of The Federal Courts, Jason Jarvis Jan 2003

Constitutional Constraints On The International Law-Making Power Of The Federal Courts, Jason Jarvis

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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The Council Of Europe Convention On Cybercrime, Mike Keyser Jan 2003

The Council Of Europe Convention On Cybercrime, Mike Keyser

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Mexican Environmental Law: Enforcement And Public Participation Since The Signing Of Nafta's Environmental Cooperation Agreement, Christopher N. Behre Jan 2003

Mexican Environmental Law: Enforcement And Public Participation Since The Signing Of Nafta's Environmental Cooperation Agreement, Christopher N. Behre

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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The Eu Competency Confusion: Limits, "Extension Mechanisms," Split Power, Subsidiarity, And "Institutional Clashes", Peter Orebech Jan 2003

The Eu Competency Confusion: Limits, "Extension Mechanisms," Split Power, Subsidiarity, And "Institutional Clashes", Peter Orebech

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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"Walking Into The Sea" Of Legal Fiction: An Examination Of The European Court Of Human Rights, Pretty V. United Kingdom And The Universal Right To Die, Janna Satz Nugent Jan 2003

"Walking Into The Sea" Of Legal Fiction: An Examination Of The European Court Of Human Rights, Pretty V. United Kingdom And The Universal Right To Die, Janna Satz Nugent

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Criminal Jurisdiction Under The U.S.-Korea Status Of Forces Agreement: Problems To Proposals, Yoon-Ho Alex Lee Jan 2003

Criminal Jurisdiction Under The U.S.-Korea Status Of Forces Agreement: Problems To Proposals, Yoon-Ho Alex Lee

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Time Warp To 1945 -- Resurrection Of The Reprisal And Anticipatory Self-Defense Doctrines In International Law, Michael J. Kelly Jan 2003

Time Warp To 1945 -- Resurrection Of The Reprisal And Anticipatory Self-Defense Doctrines In International Law, Michael J. Kelly

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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The Binding Dilemma: From Bakassi To Badme - Making States Comply With Territorial Decisions Of International Judicial Bodies, Nejib Jibril Jan 2003

The Binding Dilemma: From Bakassi To Badme - Making States Comply With Territorial Decisions Of International Judicial Bodies, Nejib Jibril

American University International Law Review

No abstract provided.

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Conflict, Confusion, And Bias Under Trips Articles 22-24 , Kevin M. Murphy Jan 2003

Conflict, Confusion, And Bias Under Trips Articles 22-24 , Kevin M. Murphy

American University International Law Review

No abstract provided.

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The Fifth Annual Grotius Lecture Shaping Globalization: The Role Of Human Rights, Mary Robinson Jan 2003

The Fifth Annual Grotius Lecture Shaping Globalization: The Role Of Human Rights, Mary Robinson

American University International Law Review

No abstract provided.

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Justice And Peace: The Importance Of Choosing Accountability Over Realpolitik, M. Bassiouni Jan 2003

Justice And Peace: The Importance Of Choosing Accountability Over Realpolitik, M. Bassiouni

College of Law Faculty

No abstract provided.

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Justice And Peace: The Importance Of Choosing Accountability Over Realpolitik, M. Bassiouni Jan 2003

Justice And Peace: The Importance Of Choosing Accountability Over Realpolitik, M. Bassiouni

College of Law Faculty

No abstract provided.

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Comparative And International Health Law, Timothy Stoltzfus Jost Jan 2003

Comparative And International Health Law, Timothy Stoltzfus Jost

Scholarly Articles

No abstract provided.

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A Guide To International And Foreign Legal Research Online, Jennifer L. Selby Jan 2003

A Guide To International And Foreign Legal Research Online, Jennifer L. Selby

Law Librarian Scholarship

Today, legal researchers in foreign and international law can enhance their search capabilities with web-based resources. However, a few caveats about doing foreign and international legal research on the web include: 1) not all material is available through the web, and the web is not always the fastest way to obtain materials; and 2) the web can be a good source of current and recent information, however, often older legal materials are not found on the web.

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Nafta’S Investment Chapter: Initial Thoughts About Second-Generation Rights, Charles Hendrickson Brower Ii Jan 2003

Nafta’S Investment Chapter: Initial Thoughts About Second-Generation Rights, Charles Hendrickson Brower Ii

Law Faculty Research Publications

In this Article Professor Brower argues that most observers of NAFTA's investment chapter have missed an important and surprising development: Although the treaty's text shares a philosophical affinity with civil and political rights, its application has revealed an astonishing level of support for economic and social rights (ESCRs) in North America. Professor Brower examines the practical implications of this development both for the presentation of claims in investor-state arbitration and for the better integration of ESCRs into the mainstream of international law.

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Aiding The Iraq Debate?, Jeffrey D. Gram Jan 2003

Aiding The Iraq Debate?, Jeffrey D. Gram

William Mitchell Law Review

Review of The War Over Iraq: Saddam's Tyranny and America's Mission. By Lawrence F. Kaplan and William Kristol. Encounter Books, 2003. 125 pages. $25.95.

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The Latest Chapter In The Saga Of A Spiritless Law: Detaining Haitian Asylum Seekers As A Violation Of The Spirit And The Letter Of International Law, Michael Rowan Jan 2003

The Latest Chapter In The Saga Of A Spiritless Law: Detaining Haitian Asylum Seekers As A Violation Of The Spirit And The Letter Of International Law, Michael Rowan

University of Maryland Law Journal of Race, Religion, Gender and Class

No abstract provided.

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War: Rhetoric And Norm-Creation In Response To Terror, Tawia Baidoe Ansah Jan 2003

War: Rhetoric And Norm-Creation In Response To Terror, Tawia Baidoe Ansah

Faculty Publications

Everything is very simple in war," said Carl von Clausewitz, "but the simplest thing is difficult." This essay will suggest that the resort to the language of war, as "natural" and "starkly simple" as it is, nevertheless has a profound impact on how the law's intervention is shaped, or how the laws governing the transnational use of force are interpreted to accommodate a "war" on terrorism. I argue that although "war" is absent from the principal international legal instruments by which states are guided (and obligated) in their relations with other states, the concepts suppressed by this elision have an …

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Continuing Fictions Of Latin American Law, Jorge L. Esquirol Jan 2003

Continuing Fictions Of Latin American Law, Jorge L. Esquirol

Faculty Publications

No abstract provided.

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Toward A Criminology Of International Crime, Mark A. Drumbl Jan 2003

Toward A Criminology Of International Crime, Mark A. Drumbl

Scholarly Articles

The criminal adjudication of those who perpetrate egregious human rights violations has gained normative currency among international lawyers and rights activists. This norm has encouraged the construction of a variety of international legal institutions, specifically tribunals and courts. This Article tracks the logic of this norm and suggests that, at its root, it represents a general extension of Western municipal criminal law, and Anglo-American common law methodologies in particular, to the international context and cases of mass violence. This triggers two interrelated concerns: is this extension (1) theoretically sustainable and (2) operationally effective for adjudicating wrongdoing in all cases of …

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But What Will The Wto Disciplines Apply To - Distinguishing Among Market Access, National Treatment And Article Vi:4 Measures When Applying The Gats To Legal Services, Laurel S. Terry Jan 2003

But What Will The Wto Disciplines Apply To - Distinguishing Among Market Access, National Treatment And Article Vi:4 Measures When Applying The Gats To Legal Services, Laurel S. Terry

Faculty Scholarly Works

One of the issues currently facing World Trade Organization (WTO) Member States is whether to extend to the legal profession and other service providers the WTO Disciplines for Domestic Regulation in the Accountancy Sector [Accountancy Disciplines]. The Accountancy Disciplines document applies to regulatory measures that would be considered domestic regulations under Article VI:4 of the GATS, rather than market access or national treatment measures under Articles XVI or XVII of the GATS. This paper argues that in order to meaningfully discuss whether to extend the Accountancy Disciplines to the legal profession, U.S. policy-makers and stakeholders need to understand the type …

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Between Reality And Rhetoric: The Epistemic Schism In The Recognition Of Traditional Medicine In International Law, Chidi Oguamanam Jan 2003

Between Reality And Rhetoric: The Epistemic Schism In The Recognition Of Traditional Medicine In International Law, Chidi Oguamanam

St. Thomas Law Review

This article is divided into five parts. The foregoing Part I, a brief introduction, highlights a few contemporary policy issues in the discourse about TM in international law and public health arenas. It identifies the epistemic schism between TM and the allopathic system as being at the root of the grandiose policy of integrating TM into national health systems. Premised on a multi-juridical framework, Part II examines select international legal and quasi-legal instruments, and probes the extent to which they make provisions for the protection of TM. Part III evaluates the international policy regime on TM, specifically as championed by …

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The Origin And Emergence Of International Environmental Norms, Armin Rosencranz Jan 2003

The Origin And Emergence Of International Environmental Norms, Armin Rosencranz

UC Law SF International Law Review

In this symposium essay, I intend to explore the origins and influence of international environmental norms. I believe I can identify twenty norms as either prevailing or rising norms of global environmental law: sic utere tuo ut alienum non laedas (use your property so that the property of others is not damaged); subsidiarity; cultural diversity; the environment is a human right; the common heritage of humankind; environmental impact assessment; intergenerational equity; state sovereignty; the polluter pays principle; active role of civil society and NGOs; notification and consultation; equal access to justice; monitoring, reporting and disclosure; sustainable development; the precautionary principle; …

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International Environmental Justice: Rights And Remedies, Kenneth F. Mccallion Jan 2003

International Environmental Justice: Rights And Remedies, Kenneth F. Mccallion

UC Law SF International Law Review

Although environmental rights are not explicitly enumerated in the Universal Declaration of Human Rights, it has become generally recognized that environmental rights are closely linked with the right to life, which is the most fundamental jus cogens norm, without which no other rights can be exercised. As the environmental crisis has accelerated in the nineteenth and twentieth centuries, constitutional drafters around the globe have explicitly enshrined in their constitutions some form of obligation to protect the environment or other environmental rights. Consequently, states have come to realize the existence of a duty to prevent grave environmental destruction, particularly in the …

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Remedying Past Abuses Of Governmental Power - Legal Accountability For The 1968 Events In Poland, Susanne Starecki Jan 2003

Remedying Past Abuses Of Governmental Power - Legal Accountability For The 1968 Events In Poland, Susanne Starecki

UC Law SF International Law Review

Since the 1968 events in Poland, the Polish government has systematically subjected Polish Jews to degrading treatment, denied them their rights to freedom of religion, denied them their right to the enjoyment of property and engaged in numerous acts of discrimination. The issue of justice and reparations for these Polish Jews must be addressed. This note examines the means Polish Jews may explore to remedy Polish governmental abuses. Due to the absence of applicable domestic laws and reparations by Poland, Polish Jews need to utilize international tribunals, particularly the European Court of Human Rights.

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Volume 3, Issue 2, Sustainable Development Law & Policy Jan 2003

Volume 3, Issue 2, Sustainable Development Law & Policy

Sustainable Development Law & Policy

No abstract provided.

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