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2003

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Institution
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Articles 331 - 360 of 732

Full-Text Articles in International Law

Justice Required: Using A Preservation-Of-Court-Access Approach To Forum Non Conveniens In Five International Product-Injury Case Studies, Jeffrey A. Van Detta Jan 2003

Justice Required: Using A Preservation-Of-Court-Access Approach To Forum Non Conveniens In Five International Product-Injury Case Studies, Jeffrey A. Van Detta

Northwestern Journal of International Law & Business

The American federal courts have used a questionable common law procedural rule to erect a virtually impenetrable barrier for those injured in other countries by products or industrial activities of U.S.-based multinationals. This barrier exists as the forum non conveniens ("FNC") rule. Section II briefly reviews the current problems that the FNC rule causes and explains its origins. In Section III, I describe my doctrinal shift away from the FNC rule to a preservation-of-court-access statute. I demonstrate in Section IV, the focus of the article, how applying that statute would change the outcome of actual product injury cases filed by …

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Foreigners At The Gate: Foreign Direct Investment Regulations & Dispute Resolution Mechanisms In The People’S Republic Of China, George O. White Iii Jan 2003

Foreigners At The Gate: Foreign Direct Investment Regulations & Dispute Resolution Mechanisms In The People’S Republic Of China, George O. White Iii

Richmond Journal of Global Law & Business

The elevation of law over politics is very new in China and the extent to which it is to be taken seriously is not always clear to the Chinese involved. The Chinese official and the Chinese citizen are part of a political structure in which the Party’s will and policies have been the most effective law… Laws and regulations have to be understood in this wider context of a society in which the formal legal position is only one consideration and still often not the most important.

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Terrorism, Development & Trade: Winning The War On Terror Without The War, Kevin J. Fandl Jan 2003

Terrorism, Development & Trade: Winning The War On Terror Without The War, Kevin J. Fandl

American University International Law Review

No abstract provided.

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Intellectual Property In The Ftaa: Little Opportunity And Much Risk, Maria Julia Olivia Jan 2003

Intellectual Property In The Ftaa: Little Opportunity And Much Risk, Maria Julia Olivia

American University International Law Review

No abstract provided.

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The Proliferation Of Bilateral Non-Surrender Agreements Among Non-Ratifiers Of The Rome Statute Of The International Criminal Court , Chet J. Tan Jr. Jan 2003

The Proliferation Of Bilateral Non-Surrender Agreements Among Non-Ratifiers Of The Rome Statute Of The International Criminal Court , Chet J. Tan Jr.

American University International Law Review

No abstract provided.

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Chile's Free Trade Agreements: Can Their Benefits Survive Chile's Continuing Controls On Foreign Capital?, Evgenia V. Sorokina Jan 2003

Chile's Free Trade Agreements: Can Their Benefits Survive Chile's Continuing Controls On Foreign Capital?, Evgenia V. Sorokina

American University International Law Review

No abstract provided.

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Linking Trade And Sustainable Development: Keynote Address, Emmy B. Simmons Jan 2003

Linking Trade And Sustainable Development: Keynote Address, Emmy B. Simmons

American University International Law Review

No abstract provided.

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Remolding China's Iron Rice Bowl: An Opportunity For United States Agricultural Commodities Behind The Great Wall Of China, Joel B. Blank Jan 2003

Remolding China's Iron Rice Bowl: An Opportunity For United States Agricultural Commodities Behind The Great Wall Of China, Joel B. Blank

American University International Law Review

No abstract provided.

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A Hydrogeological Approach To Transboundary Ground Water Resources And International Law, Gabriel Eckstein, Yoram Eckstein Jan 2003

A Hydrogeological Approach To Transboundary Ground Water Resources And International Law, Gabriel Eckstein, Yoram Eckstein

American University International Law Review

No abstract provided.

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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

American University International Law Review

No abstract provided.

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Disability Rights And United States Foreign Assistance Policy - A New Framework, Einat Hurvitz Jan 2003

Disability Rights And United States Foreign Assistance Policy - A New Framework, Einat Hurvitz

American University International Law Review

No abstract provided.

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Preemptive Strategies In International Law, Michael N. Schmitt Jan 2003

Preemptive Strategies In International Law, Michael N. Schmitt

Michigan Journal of International Law

This Article explores the appropriateness of preemptive strategies in international law. Are preemptive actions approved by the international community lawful? Can States act unilaterally or in a coalition of the willing to preempt terrorism, the development and transfer of WMD, or other threats? If so, under what circumstances and based on what quantum and quality of evidence? When can preemptive actions be taken against non-State actors such as terrorists who are based in other States?

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Contractual Forms In Islamic Finance Law And Islamic Inv. Co. Of The Gulf (Bahamas) Ltd. V. Symphony Gems N.V. & Ors.: A First Impression Of Islamic Finance, Umar F. Moghul Esq., Arshad A. Ahmed Esq. Jan 2003

Contractual Forms In Islamic Finance Law And Islamic Inv. Co. Of The Gulf (Bahamas) Ltd. V. Symphony Gems N.V. & Ors.: A First Impression Of Islamic Finance, Umar F. Moghul Esq., Arshad A. Ahmed Esq.

Fordham International Law Journal

This Article focuses on the case of Islamic Investment Company of the Gulf (Bahamas) Ltd. v. Symphony Gems N.V. & Others (“Symphony Gems”). Symphony Gems is the first instance where a Western court of law ruled on an Islamic financial transaction. Symphony Gems illuminates the challenges and tensions within the industrial complex of Islamic finance as it seeks to exist and thrive in a commercial reality where the regulatory framework and its associated assumptions (both theoretical as well as those of commercial practice) differ markedly from those of Islamic law and the contemporary Islamic financial industry. The resulting transactions often …

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Confronting Misconceptions And Acknowledging Imperfections: A Response To Khaled Abou El Fadl's "Islam And Democracy", Erik G. Jensen Jan 2003

Confronting Misconceptions And Acknowledging Imperfections: A Response To Khaled Abou El Fadl's "Islam And Democracy", Erik G. Jensen

Fordham International Law Journal

Professor Abou El Fadl's Article, Islam and the Challenge of Democracy, demonstrates the need to move forward with knowledge of the nuance and depth of the historic, philosophic, legal, and theological foundations of both political stasis and political change in Muslim countries. The author comments on three aspects of Khaled Abou El Fadl's paper. First, the author will juxtapose the discourse that Professor Abou El Fadl is stimulating with other perspectives in order to delineate the sets of actors in this debate among Muslims. The author will also argue that “Islamic exceptionalism,” so prominent in post-modern critiques, is unhelpful. Second, …

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Women In Shari'ah Courts: A Historical And Methodological Discussion, Amira Sonbol Jan 2003

Women In Shari'ah Courts: A Historical And Methodological Discussion, Amira Sonbol

Fordham International Law Journal

This Article focuses on qadis and courts before modern legal reforms with particular emphasis on the life of women and their interaction with the courts. A number of issues will be discussed and points made pertaining to the laws and madhahib [Islamic legal schools] applied in courts, the hierarchies and roles of qadis, and the accessibility of the legal system and knowledge of court procedures to the general public. Court culture, personnel, and record-keeping will also be discussed, as will the philosophy behind the law. The author hopes to illustrate that a viable court system existed before modernization. Although precedent …

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An Islamic Perspective On Domestic Violence, Azizah Y. Al-Hibri Jan 2003

An Islamic Perspective On Domestic Violence, Azizah Y. Al-Hibri

Fordham International Law Journal

In this Article, the author addresses the traditional Islamic view of domestic violence. To understand the Islamic perspective on domestic violence, the author will explore the Islamic view of gender relations, especially within the family. This view is rooted in the Qur'an, which is examined in this Article.

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A New Perspective, Volume 27 Jan 2003

A New Perspective, Volume 27

Fordham International Law Journal

No abstract provided.

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The Main Issues After The Convention On The Constitutional Treaty For Europe, John Temple Lang Jan 2003

The Main Issues After The Convention On The Constitutional Treaty For Europe, John Temple Lang

Fordham International Law Journal

It will ultimately be necessary for the European Union (“EU”) to stop simultaneously handling economic issues by the Community method and foreign policy measures by an undemocratic intergovernmental method. When the time comes for a single method to be chosen, it is important for the long-term stability of the Union and for the small Member States, that the Commission and the Community method in operation be suitable. Unfortunately, the result of the proposed Constitution devalues it.

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Introducing Eu Competition Law And Policy In Central And Eastern Europe: Requirements In Theory And Problems In Practice, Frank Emmert Jan 2003

Introducing Eu Competition Law And Policy In Central And Eastern Europe: Requirements In Theory And Problems In Practice, Frank Emmert

Fordham International Law Journal

This Article gives an overview of the requirements that must be fulfilled before a Central and Eastern European Country ("CEEC") can truly claim to be willing and able to apply the acquis communautaire in the field of competition law and policy and thus to be ready for full membership in the European Union ("EU").

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Regulation Without Borders: The Impact Of Sarbanes-Oxley On European Companies, Maria Camilla Cardilli Jan 2003

Regulation Without Borders: The Impact Of Sarbanes-Oxley On European Companies, Maria Camilla Cardilli

Fordham International Law Journal

The purpose of this study is to: (i) outline the key provisions of Sarbanes-Oxley, highlighting the aspects of the Act which are most likely to impact European companies as well as their officers and directors; (ii) point out the provisions of the Act which conflict with EU national laws; and (iii) illustrate the key points of the proposed European reform of corporate governance, as formulated on November 4, 2002 by the High Level Group of Company Law Experts appointed by the European Commission.

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Beyond The Charter: How Enlargement Has Enlarged The Human Rights Policy Of The European Union, Gráinne De Búrca Jan 2003

Beyond The Charter: How Enlargement Has Enlarged The Human Rights Policy Of The European Union, Gráinne De Búrca

Fordham International Law Journal

The contention of this Article, however, is that a number of other developments have taken place which--in mostly unanticipated ways--may lead to more significant change in the scope and shape of EU human rights policy than the Charter alone. In particular, two developments have combined in recent years to open the way for a more general and comprehensive human rights policy which, while less concerned with the contentious competence and justiciability debates generated by the Charter, is already beginning to manifest itself in interesting ways. The first of these developments was the shaping of a more principled and graduated crisis …

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Developments, Issues, And New Remedies – The Duties Of National Authorities And Courts Under Article 10 Of The Ec Treaty , John Temple Lang Jan 2003

Developments, Issues, And New Remedies – The Duties Of National Authorities And Courts Under Article 10 Of The Ec Treaty , John Temple Lang

Fordham International Law Journal

The Court of Justice is using Article 10 of the EC Treaty more frequently, in a wide variety of cases. This Article summarizes and comments briefly on more than forty cases which have been decided and issues which have arisen since the Congress of FIDE, the Fédération Internationale pour le Droit Européen, in Helsinki in 2000, where the case law on Article 10 was discussed at length. The Court is continuing to draw a variety of practical conclusions from the general words of the Article, elaborating and applying existing case-law, and ruling on both positive and negative duties resulting from …

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A Consumer's Dream Or Pandora's Box: Is Arbitration A Viable Option For Cross-Border Consumer Disputes?, Donna M. Bates Jan 2003

A Consumer's Dream Or Pandora's Box: Is Arbitration A Viable Option For Cross-Border Consumer Disputes?, Donna M. Bates

Fordham International Law Journal

This Note discusses current consumer arbitration policies and analyzes whether traditional arbitration is adequate to address consumer disputes in the new cross-border shopping environment. Part I discusses the importance of consumer protection and reviews the consumer arbitration regimes of the United States and the European Union. Part II discusses the criticisms of the current policies toward consumer arbitration in the United States and the European Union. Part II also highlights the unique problems of consumer dispute resolution in cross-border transactions and raises some concerns unique to dispute resolution on the Internet. Part III concludes that traditional arbitration systems are not …

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Federalism In The Middle East And Europe, Chibli Mallat Jan 2003

Federalism In The Middle East And Europe, Chibli Mallat

Case Western Reserve Journal of International Law

No abstract provided.

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Diplomacy And The G-Word, Jerry Fowler Jan 2003

Diplomacy And The G-Word, Jerry Fowler

Case Western Reserve Journal of International Law

No abstract provided.

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Building The Historic Record: Reporting On War Crimes And International Trials, David Freudberg Jan 2003

Building The Historic Record: Reporting On War Crimes And International Trials, David Freudberg

Case Western Reserve Journal of International Law

No abstract provided.

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Justice And Peace, M. Cherif Bassiouni Jan 2003

Justice And Peace, M. Cherif Bassiouni

Case Western Reserve Journal of International Law

No abstract provided.

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Arresting War Criminals: Mission Creep Or Mission Impossible, David Scheffer Amb. Jan 2003

Arresting War Criminals: Mission Creep Or Mission Impossible, David Scheffer Amb.

Case Western Reserve Journal of International Law

No abstract provided.

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A View From The Trenches: The Special Court For Sierra Leone - The First Year, Bruce M. Mackay Jan 2003

A View From The Trenches: The Special Court For Sierra Leone - The First Year, Bruce M. Mackay

Case Western Reserve Journal of International Law

No abstract provided.

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A View From The Trenches: The Military Role In The Pursuit Of Justice, Michael A. Newton Jan 2003

A View From The Trenches: The Military Role In The Pursuit Of Justice, Michael A. Newton

Case Western Reserve Journal of International Law

No abstract provided.

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