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International Law Commons

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2003

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Institution
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Articles 301 - 330 of 732

Full-Text Articles in International Law

The Evolution Of Fta Investment Provisions: From Nafta To The United States - Chile Free Trade Agreement, David A. Gantz Jan 2003

The Evolution Of Fta Investment Provisions: From Nafta To The United States - Chile Free Trade Agreement, David A. Gantz

American University International Law Review

No abstract provided.


The Trans-Atlantic Slave Trade: A Forgotten Crime Against Humanity As Defined By International Law, Patricia M. Muhammad Esq Jan 2003

The Trans-Atlantic Slave Trade: A Forgotten Crime Against Humanity As Defined By International Law, Patricia M. Muhammad Esq

American University International Law Review

No abstract provided.


Franchising In China: Legal Challenges When First Entering The Chinese Market, Michele Lee Jan 2003

Franchising In China: Legal Challenges When First Entering The Chinese Market, Michele Lee

American University International Law Review

No abstract provided.


Tolerance Of International Espionage: A Functional Approach , Christopher D. Baker Jan 2003

Tolerance Of International Espionage: A Functional Approach , Christopher D. Baker

American University International Law Review

No abstract provided.


American University International Law Review 19, No. 5 (2003):, Vincen-Joel Proulx Jan 2003

American University International Law Review 19, No. 5 (2003):, Vincen-Joel Proulx

American University International Law Review

No abstract provided.


Back To Court After Shrimp/Turtle? Almost But Not Quite Yet: India's Short Lived Challenge To Labor And Environmental Exceptions In The European Union's Generalized System Of Preferences, Robert Howse Jan 2003

Back To Court After Shrimp/Turtle? Almost But Not Quite Yet: India's Short Lived Challenge To Labor And Environmental Exceptions In The European Union's Generalized System Of Preferences, Robert Howse

American University International Law Review

No abstract provided.


Weather May Not Stop Usps, But Special Interests Will: The Bush Administration's Gats Offer Supports Private Express Delivery Services But Threatens To Stamp Out Usps, Catherine B. Harrington Jan 2003

Weather May Not Stop Usps, But Special Interests Will: The Bush Administration's Gats Offer Supports Private Express Delivery Services But Threatens To Stamp Out Usps, Catherine B. Harrington

American University International Law Review

No abstract provided.


Western Democracy And Islamic Tradition: The Application Of Shari'a In A Modern World, Melanie D. Reed Jan 2003

Western Democracy And Islamic Tradition: The Application Of Shari'a In A Modern World, Melanie D. Reed

American University International Law Review

No abstract provided.


The Future Of Global Competition Governance: Lessons From The Transatlantic, Charles W. Smitherman Iii Jan 2003

The Future Of Global Competition Governance: Lessons From The Transatlantic, Charles W. Smitherman Iii

American University International Law Review

No abstract provided.


January 2003, Cao, A Review Of Ifc's Safeguard Policies, Cao Jan 2003

January 2003, Cao, A Review Of Ifc's Safeguard Policies, Cao

CAO General 1999-Present

No abstract provided.


2003 (Undated), Cao. External Review Team Draft Terms Of Reference, Cao Jan 2003

2003 (Undated), Cao. External Review Team Draft Terms Of Reference, Cao

CAO General 1999-Present

No abstract provided.


Multilateral Environmental Agreements & World Trade, Melanie Nakagawa Jan 2003

Multilateral Environmental Agreements & World Trade, Melanie Nakagawa

Sustainable Development Law & Policy

No abstract provided.


Setting Standards: Should The Federal Circuit Give Greater Deference To Decisions Of The U.S. Court Of International Trade In International Trade Cases?, 36 J. Marshall L. Rev. 721 (2003), Mark E. Wojcik, Lawrence Friedman Jan 2003

Setting Standards: Should The Federal Circuit Give Greater Deference To Decisions Of The U.S. Court Of International Trade In International Trade Cases?, 36 J. Marshall L. Rev. 721 (2003), Mark E. Wojcik, Lawrence Friedman

UIC Law Review

No abstract provided.


To Kill Or Capture Suspects In The Global War On Terror, Mary Ellen O'Connell Jan 2003

To Kill Or Capture Suspects In The Global War On Terror, Mary Ellen O'Connell

Case Western Reserve Journal of International Law

No abstract provided.


Self-Defense And The Use Of Force: Breaking The Rules, Making The Rules, Or Both?, Mark A. Drumbl Jan 2003

Self-Defense And The Use Of Force: Breaking The Rules, Making The Rules, Or Both?, Mark A. Drumbl

Scholarly Articles

This article examines shifts in international law regarding the use of force -- the jus ad bellum -- that emerged in the wake of the September 11, 2001, terrorist attacks and subsequently were invoked in part by the United States and United Kingdom to justify military intervention in Iraq. These shifts import some elasticity -- in time, space, and place -- into the preexisting legal understanding of self-defense. To be sure, the general consensus that supported the use of force in Afghanistan as a legitimate exercise of self-defense has diluted as the use of that force expanded into other theaters …


Shaping Globalization: The Role Of Human Rights - Comment On The Grotius Lecture By Mary Robinson, Ko-Young Tung Jan 2003

Shaping Globalization: The Role Of Human Rights - Comment On The Grotius Lecture By Mary Robinson, Ko-Young Tung

American University International Law Review

No abstract provided.


Dedication Jan 2003

Dedication

Penn State International Law Review (1982 - 2011)

No abstract provided.


Volume 21 - Number 2: Table Of Contents Jan 2003

Volume 21 - Number 2: Table Of Contents

Penn State International Law Review (1982 - 2011)

No abstract provided.


Author Index Jan 2003

Author Index

Penn State International Law Review (1982 - 2011)

No abstract provided.


New Recommendations On International Human Research: Can Minimum Standards Prevent The Exploitation Of Vulnerable Human Subjects In Developing Countries, Rebecca A. Finkenbinder Jan 2003

New Recommendations On International Human Research: Can Minimum Standards Prevent The Exploitation Of Vulnerable Human Subjects In Developing Countries, Rebecca A. Finkenbinder

Penn State International Law Review (1982 - 2011)

No abstract provided.


Martyrdom, Suicide, And The Islamic Law Of War: A Short Legal History, Bernard K. Freamon Jan 2003

Martyrdom, Suicide, And The Islamic Law Of War: A Short Legal History, Bernard K. Freamon

Fordham International Law Journal

This Article is concerned with one key aspect of the law of the military jihad: the Islamic concept of martyrdom [shahada or istishhad]. This Article will demonstrate that the current Islamist financing and systematic organization and direction of self-annihilatory acts of violence is only weakly supported, if at all, by the classical sources on martyrdom in Islamic law and jurisprudence. The Article will show that current justifications for self-annihilatory violence are instead the result of a major reinterpretation of the theology and religious law on martyrdom and the military jihad advanced by Shi'ite theologians and jurists in Iraq and Iran …


"Open Skies" At A Crossroads: How The United States And European Union Should Use The Ecj Transport Cases To Reconstruct The Transatlantic Aviation Regime, Jacob A. Warden Jan 2003

"Open Skies" At A Crossroads: How The United States And European Union Should Use The Ecj Transport Cases To Reconstruct The Transatlantic Aviation Regime, Jacob A. Warden

Northwestern Journal of International Law & Business

Since the creation of the modern international aviation regime, at the 1944 Chicago Conference, the United States has used this power and prestige to create a system much to its liking. However, the recent decision of the Court of Justice of the European Communities ("ECJ") in the Transport Cases threatens to change this. The Transport Cases, brought by the European Commission ("Commission") in an attempt to achieve exclusive authority to negotiate commercial aviation agreements for the collective European Union, partially struck down several bilateral aviation treaties signed between several of the Member States and the United States. The Commission, recognizing …


The Disappearance Of The Ultra Vires Doctrine In Greater China: Harmonized Legislative Action Or (Simply) An Accident Of History, Lutz-Christian Wolff Jan 2003

The Disappearance Of The Ultra Vires Doctrine In Greater China: Harmonized Legislative Action Or (Simply) An Accident Of History, Lutz-Christian Wolff

Northwestern Journal of International Law & Business

In the context of company law, the term "ultra vires" is normally used to describe acts that are beyond the scope of the powers of a corporation. Rules concerning ultra vires acts of companies have changed in recent years in mainland China, Taiwan and the Hong Kong Special Administrative Region ("Hong Kong"). It appears that in all of these parts of Greater China, the legal frameworks are now rather similar to each other and seem to resemble the rules that are applied in the Macau Special Administrative Region ("Macau"). This, of course, provokes questions: what are the reasons for these …


The European Union's Efforts To Sidestep The Wto Through Its Ban On Gmos: A Response To Sarah Lively's Paper, "The Abcs And Ntbs Of Gmos", Johannes S.A. Iii Claus Jan 2003

The European Union's Efforts To Sidestep The Wto Through Its Ban On Gmos: A Response To Sarah Lively's Paper, "The Abcs And Ntbs Of Gmos", Johannes S.A. Iii Claus

Northwestern Journal of International Law & Business

The purpose of this paper is to refute Ms. Sarah Lively's article, the ABCs and NTBS of GMOs, detailing the reasons why the E.U. legislation is not in harmony with the WTO agreements. This paper will argue that if a WTO dispute settlement body were to decide upon the validity of the current European GMO regime, it would strike down the regulation as contrary to the WTO agreements signed by the European Union and the United States. The European Union's four year moratorium on GMOs continues to be one of the most hotly-contested trade issues facing it and the United …


Fight Or Flight Of U.S.-Based Multinational Businesses: Analyzing The Causes For, Effects Of, And Solutions To The Corporate Inversion Trend, Hale E. Sheppard Jan 2003

Fight Or Flight Of U.S.-Based Multinational Businesses: Analyzing The Causes For, Effects Of, And Solutions To The Corporate Inversion Trend, Hale E. Sheppard

Northwestern Journal of International Law & Business

When a person is confronted by a threat, he or she experiences a psychological and physiological response commonly known as "fight or flight." In general, this innate survival mechanism causes the body to direct blood to vital areas and to release lactic acid, adrenaline and other chemicals in order to prepare a person to either face the threat or flee immediately. Multinational corporations based in the United States, likewise, have recently displayed similar fight-or-flight behavior when faced with the threat of high taxes. Unfortunately for the U.S. economy, a growing number of these American corporations have chosen the latter: flight. …


Implementation Of The Wto Agreements: Framework And Reform, Xin Zhang Jan 2003

Implementation Of The Wto Agreements: Framework And Reform, Xin Zhang

Northwestern Journal of International Law & Business

The term 'implementation' has two meanings in the WTO context. The general meaning refers to all the modalities, mechanisms, and instruments that assist in the application of the WTO Agreements. A more recent meaning, highlighted by the Doha Development Agenda, addresses the 'implementation-related issues and concerns' such as those "raised by many developing-country Members regarding the implementation of some WTO Agreements and Decisions, including the difficulties and resource constraints that have been encountered in the implementation of obligations in various areas." In this regard, the WTO implementation issue refers to the abilities of developing-country Members to implement the existing WTO …


The International Art Auction Industry: Has Competition Tarnished Its Finish, Brenna Adler Jan 2003

The International Art Auction Industry: Has Competition Tarnished Its Finish, Brenna Adler

Northwestern Journal of International Law & Business

I argue that a stronger, more cohesive international regulation specially tailored to the auction industry is required in order to keep auction houses from committing unlawful behavior. Auction houses should not be considered merely businesses. Rather, special regulations are needed--regulations that take into account the unique goods that auction houses sell. Part I of this comment will describe auctioneers' duties to sellers under the law. I will compare and contrast the laws of the United States, the Netherlands, and France and focus on an American case that discusses the breach of an auctioneer's duty to the seller. Part II will …


The Protection Of Test And Other Data Required By Article 39.3 Of The Trips Agreement, G. Lee Skillington, Eric M. Solovy Jan 2003

The Protection Of Test And Other Data Required By Article 39.3 Of The Trips Agreement, G. Lee Skillington, Eric M. Solovy

Northwestern Journal of International Law & Business

This article provides a comprehensive analysis of the origins, purpose and scope of protection for test and other data required by TRIPS Article 39.3. Through this analysis, which looks to the ordinary meaning of the provision in proper context in the same manner as would a WTO dispute settlement panel or the WTO Appellate Body, we conclude that Article 39.3 provides protection against the unjust or unfair application or conversion of certain test and other data to make a profit or to obtain a benefit. Such protection must be provided long enough to allow the originator to at least recoup …


The New Economic Constitution In China: A Third Way For Competition Regime?, Youngjin Jung, Qian Hao Jan 2003

The New Economic Constitution In China: A Third Way For Competition Regime?, Youngjin Jung, Qian Hao

Northwestern Journal of International Law & Business

This article will discuss the basic features of the competition regime China is ready to set up, as envisioned in its draft of the anti-monopoly law. By comparing different antimonopoly systems worldwide and their relevance to China's idiosyncrasies in its antimonopoly law, this article intends to promote a better understanding of China's emerging antitrust regime by providing illustrative comments and legislative suggestions. Part II of this article will focus on the economic and legal contexts of the drafting of the antimonopoly law in order to illuminate the unique priorities of the Chinese lawmakers. Part III will highlight the distinctive traits …


Crackdown On Money Laundering: A Comparative Analysis Of The Feasibility And Effectiveness Of Domestic And Multilateral Policy Reforms, Kathleen A. Lacey, Barbara Crutchfield George Jan 2003

Crackdown On Money Laundering: A Comparative Analysis Of The Feasibility And Effectiveness Of Domestic And Multilateral Policy Reforms, Kathleen A. Lacey, Barbara Crutchfield George

Northwestern Journal of International Law & Business

This is a uniquely opportune time for anti-money laundering initiatives and policy reform to occur. Since the terrorist attacks in the United States in September, 2001, security agencies throughout the world have rushed to follow leads that may prove that Osama bin Laden financed the attack with massive amounts of laundered money. Greater awareness of the harmful effects of money laundering, and public and governmental concerns regarding reverse-money laundering by terrorists, has resulted in a surge of attention directed toward anti-money laundering efforts. Consequently, financial institutions are under increasing pressure to comply with existing anti-money laundering regulations by implementing internal …