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2003

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Articles 511 - 540 of 732

Full-Text Articles in International Law

The Debate Over War Powers, Mark R. Shulman Jan 2003

The Debate Over War Powers, Mark R. Shulman

Elisabeth Haub School of Law Faculty Publications

No abstract provided.


Enron, Epistemology, And Accountability: Regulating In A Global Economy, Erica Beecher-Monas Jan 2003

Enron, Epistemology, And Accountability: Regulating In A Global Economy, Erica Beecher-Monas

Law Faculty Research Publications

No abstract provided.


The Duty To “Expect The Unexpected”: Mitigating Extreme Natural Threats To The Global Commons Such As Asteroid Impacts With The Earth, Evan R. Seamone Jan 2003

The Duty To “Expect The Unexpected”: Mitigating Extreme Natural Threats To The Global Commons Such As Asteroid Impacts With The Earth, Evan R. Seamone

Journal Articles

This Article develops a framework to govern the interactions of nations cooperating to mitigate the threat of unexpected natural disasters that potentially could affect them all. It uses asteroid impact with the Earth as the representative example because this is an "unusual and extreme" disaster that has created difficulty for lawmakers due to its many unanswerable questions. By explaining a number of the legal requirements necessary to mitigate such threats, this Article identifies legal principles that apply equally to natural threats throughout the global commons. The law involved in this analysis arises, in great part, from the judicial recognition of …


Internationalization Of Labor Disputes: Can Adr Mechanisms Help?, Theodore J. St. Antoine Jan 2003

Internationalization Of Labor Disputes: Can Adr Mechanisms Help?, Theodore J. St. Antoine

Book Chapters

My task is to assess the ways in which ADR procedures may be adapted to deal with international labor disputes. ADR refers to various methods by which neutral third parties assist persons engaged in a conflict to settle their differences without invoking the decision-making power of the state or another sanction-imposing body. Both mediation and arbitration are included among such methods. In mediation, the neutral aims for the parties to agree on a mutually acceptable solution. In arbitration, the neutral imposes a solution after presentations by the contending parties. A third term - conciliation - is sometimes used and generally …


Market Fundamentalism's New Fiasco: Globalization As Exhibit In The Case For A New Law And Economics, Steven A. Ramirez Jan 2003

Market Fundamentalism's New Fiasco: Globalization As Exhibit In The Case For A New Law And Economics, Steven A. Ramirez

Michigan Journal of International Law

Review of Globalization and Its Discontents by Joseph E. Stiglitz


Legal Cultures Of Latin America And The United States: Conflict Or Merger, Michael Wallace Gordon Jan 2003

Legal Cultures Of Latin America And The United States: Conflict Or Merger, Michael Wallace Gordon

UF Law Faculty Publications

Part of of the Sixth Annual LatCrit Conference, specifically TWAIL/NAIL Concurrent Panel. Focuses on the many mis/conceptions about Latin American Legal culture among United States' legal practitioners and academics.


Glocalizing Law And Culture: Towards A Cross-Constitutive Paradigm, Berta E. Hernández-Truyol Jan 2003

Glocalizing Law And Culture: Towards A Cross-Constitutive Paradigm, Berta E. Hernández-Truyol

UF Law Faculty Publications

This lecture addresses the relationship between law and culture in three general parts. The first part consists of a brief review of the theories addressing the relationship of law and culture, mainly the mirror theory. But I will suggest that there is more to the relationship of law and culture than one being an inert reflection of the other; hence my proposal for what I call, as a working concept, a cross-constitutive paradigm of law and culture. The second part reviews the Convention on the Elimination of All Forms of Discrimination Against Women ("CEDAW''), a law that seeks to effect …


Agora: Future Implications Of The Iraq Conflict Editors' Introduction, Lori Fisler Damrosh, Bernard H. Oxman Jan 2003

Agora: Future Implications Of The Iraq Conflict Editors' Introduction, Lori Fisler Damrosh, Bernard H. Oxman

Articles

No abstract provided.


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.


International Calendar, Sustainable Development Law & Policy Jan 2003

International Calendar, Sustainable Development Law & Policy

Sustainable Development Law & Policy

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.


International Calendar, Sustainable Development Law & Policy Jan 2003

International Calendar, Sustainable Development Law & Policy

Sustainable Development Law & Policy

No abstract provided.


The Right Of Abode Cases: Hong Kong's Constitutional Crisis, Anne R. Fokstuen Jan 2003

The Right Of Abode Cases: Hong Kong's Constitutional Crisis, Anne R. Fokstuen

UC Law SF International Law Review

This note examines the relationship between the Hong Kong Special Administrative Region ("HKSAR") and the People's Republic of China ("PRC") after the handover, and focuses on recent Court of Final Appeals ("CFA") decisions involving the interpretation of Hong Kong's Constitution, the Basic Law, in the "right of abode" context. The author analyzes the most recent decisions in the context of the unacknowledged political balancing act required by the judiciary in post handover Hong Kong and explores the outlook for the "one country, two systems" framework set up at the time of the handover.


Introduction Symposium Of The Japan Association Of The Law Of Civil Procedure: The Role Of The Judge In The Development Of Civil Litigation, Makoto Ito Jan 2003

Introduction Symposium Of The Japan Association Of The Law Of Civil Procedure: The Role Of The Judge In The Development Of Civil Litigation, Makoto Ito

UC Law SF International Law Review

This year's symposium focused on the role of the judge in development of civil litigation. The role of the judge is surely central to many aspects of civil procedure; as the authority and latitude of the judge expand, the authority and latitude of the lawyers may diminish. There is significant evolution of the role of the judge in Japan, Germany and the United States, but whether this evolution is proceeding at the same speed, or in the same direction, is a matter for discussion and further study.


The Byrd Amendment Battle: American Trade Politics At The Wto, Claire Hervey Jan 2003

The Byrd Amendment Battle: American Trade Politics At The Wto, Claire Hervey

UC Law SF International Law Review

The Byrd Amendment has been controversial in both domestic U.S. politics and in international trade law since its enactment. In the international sphere, the controversy surrounds its validity under the WTO, the world's strongest supranational legal regime. In the largest joint dispute resolution action in the history of the WTO, thirty countries challenged the Byrd Amendment as a violation of the ban on governmental subsidies, and won. The U.S. Congress failed to comply with this ruling by its implementation deadline (December 27, 2003) as well as with several other decisions of the WTO, deepening the rift between America and its …


Editor's Note: Globalization And Governance: The Prospects For Democracy Symposium, Alfred C. Aman Jan 2003

Editor's Note: Globalization And Governance: The Prospects For Democracy Symposium, Alfred C. Aman

Indiana Journal of Global Legal Studies

Globalization and Governance: The Prospects for Democracy, Symposium


The Impact Of Public Law Of Privatization, Deregulation, Outsourcing, And Downsizing: A Canadian Perspective, David Mullan, Antonella Ceddia Jan 2003

The Impact Of Public Law Of Privatization, Deregulation, Outsourcing, And Downsizing: A Canadian Perspective, David Mullan, Antonella Ceddia

Indiana Journal of Global Legal Studies

Globalization and Governance: The Prospects for Democracy, Symposium


Empire's Law (The Earl A. Snyder Lecture In International Law), Susan Marks Jan 2003

Empire's Law (The Earl A. Snyder Lecture In International Law), Susan Marks

Indiana Journal of Global Legal Studies

On March 7, 2002, Professor Marks delivered the sixth annual Snyder Lecture at the Indiana University School of Law-Bloomington.


The Member States Of The European Union And Giscard's Blueprint For Its Future, Anthony Arnull Jan 2003

The Member States Of The European Union And Giscard's Blueprint For Its Future, Anthony Arnull

Fordham International Law Journal

The purpose of this Article is to consider the implications for the European Union's (“EU”) Member States of the Draft Union Constitution published in the summer of 2003. The Article begins by briefly describing the process which led to the production of the Draft Treaty and considers the formal status it would enjoy if adopted. The Article then focuses on provisions of the Draft Treaty which: 1. deal with its relationship with the domestic law of the Member States; 2. affect EU decision-making, particularly the functioning of institutions in which the Member States are directly represented at the political level …


Exercising Public Authority Beyond The State: Transnational Democracy And/Or Alternative Legitimation Strategies, Jost Delbruck Jan 2003

Exercising Public Authority Beyond The State: Transnational Democracy And/Or Alternative Legitimation Strategies, Jost Delbruck

Indiana Journal of Global Legal Studies

Globalization and Governance: The Prospects for Democracy, Symposium


The Emergence Of Democratic Participation In Global Governance, Steve Charnovitz Jan 2003

The Emergence Of Democratic Participation In Global Governance, Steve Charnovitz

Indiana Journal of Global Legal Studies

Globalization and Governance: The Prospects for Democracy, Symposium


The Participation Of States And Citizens In Global Governance, Saskia Sassen Jan 2003

The Participation Of States And Citizens In Global Governance, Saskia Sassen

Indiana Journal of Global Legal Studies

Globalization and Governance: The Prospects for Democracy, Symposium


The Community Political Order, Paul Craig Jan 2003

The Community Political Order, Paul Craig

Indiana Journal of Global Legal Studies

No abstract provided.


Globalization And Governance: The Prospects For Democracy, Sir David Williams David Q. C. Jan 2003

Globalization And Governance: The Prospects For Democracy, Sir David Williams David Q. C.

Indiana Journal of Global Legal Studies

Globalization and Governance: The Prospects for Democracy, Symposium


Achieving Sustainable Development: The Centrality And Multiple Facets Of Integrated Decisionmaking, John C. Dernbach Jan 2003

Achieving Sustainable Development: The Centrality And Multiple Facets Of Integrated Decisionmaking, John C. Dernbach

Indiana Journal of Global Legal Studies

No abstract provided.


Government To State: Globalization, Regulation, And Governments As Legal Persons, Janet Mclean Jan 2003

Government To State: Globalization, Regulation, And Governments As Legal Persons, Janet Mclean

Indiana Journal of Global Legal Studies

Globalization and Governance: The Prospects for Democracy, Symposium


Democracy In Global Environmental Governance: Issues, Interests, And Actors In The Mekong And The Rhine, Tun Myint Jan 2003

Democracy In Global Environmental Governance: Issues, Interests, And Actors In The Mekong And The Rhine, Tun Myint

Indiana Journal of Global Legal Studies

Globalization and Governance: The Prospects for Democracy, Symposium


The Democratization Process And Structural Adjustment In Africa, Muna Ndulo Jan 2003

The Democratization Process And Structural Adjustment In Africa, Muna Ndulo

Indiana Journal of Global Legal Studies

Globalization and Governance: The Prospects for Democracy, Symposium


Contract Of Mutual (In)Difference: Government And The Humanitarian Apparatus In Contemporary Albania And Kosovo, Mariella Pandolfi Jan 2003

Contract Of Mutual (In)Difference: Government And The Humanitarian Apparatus In Contemporary Albania And Kosovo, Mariella Pandolfi

Indiana Journal of Global Legal Studies

Globalization and Governance: The Prospects for Democracy, Symposium


Reenchanting International Law, Mark C. Modak-Truran Jan 2003

Reenchanting International Law, Mark C. Modak-Truran

Journal Articles

I will argue that international law needs religion because it is indeterminate and that international law should not attempt to resolve legal indeterminancy because this would require establishing an official international religion. Given the limitations of this article, however, I will not attempt to provide a comprehensive normative and descriptive account of law and international law to support this claim." My more modest expectations are to provide a normative theory of law to justify the interpretation of international law in cases in which international law is indeterminate.