International Law Commons^™

Jus Ad Bellum And International Terrorism, Rein Mullerson

International Law Studies

No abstract provided.

Introduction (Volume 79)

International Law Studies

No abstract provided.

Table Of Contents (Volume 79)

International Law Studies

No abstract provided.

Used, Abused, Arrested And Deported: The Case For Extending Immigration Benefits To Protect Victims Of Trafficking And Secure Prosecution Of Traffickers, Dina F. Haynes

ExpressO

Trafficking is a hot issue, and as such, there have been a number of articles written on the issue. My article, however, is unique in many respects.

I address this article from my perspective of working directly with the governments of Bosnia, Croatia, Serbia and Montenegro to combat escalating trafficking in their countries over the course of four years in the Balkans.

This is the first article that pinpoints errors that governments continue to make in preparing legislation and anti-trafficking programs,

The first to enumerate proposals for enhancing victim protection measures,

The first to identify how enhancing victim protection will …

July 24. 2003, B. Dysart, T. Murphy, A. Chayes. Beyond Compliance. External Review Of Cao., Ben Dysart, Tim Murphy, Antonia Chayes

CAO General 1999-Present

No abstract provided.

Imf Conditionality As Investment Regulation - A Theoretical Analysis, Daniel R. Kalderimis

ExpressO

This article examines the intersection between the International Monetary Fund (“IMF”) and foreign investment. Although the IMF was not originally designed to regulate foreign investment, IMF policies have famously required capital account liberalization as a condition for access to IMF credit. This article explores the implications of such conditionality and finds it problematic. Investment conditionality is outside the IMF’s mandate, difficult to reconcile with other existing investment regulation instruments, inimical to democracy and potentially destabilizing to the debtor country, and ineffective at ensuring long-term stable change. These conclusions necessitate a reappraisal of the governance and operations of the IMF.

Reconciling Human Rights And Sovereignty: A Framework For Global Property Law, Christopher Saporita

Indiana Journal of Global Legal Studies

No abstract provided.

Changing Identities And Changing Laws: Possibilities For A Global Legal Culture, Russell Menyhart

Indiana Journal of Global Legal Studies

No abstract provided.

John D. Becker On International Crimes, Peace And Human Rights: The Role Of The International Criminal Court Edited By Dinah Shelton. Ardsley, Ny: Transnational Publishers. 356pp., John D. Becker

Human Rights & Human Welfare

A review of:

International Crimes, Peace and Human Rights: The Role of the International Criminal Court edited by Dinah Shelton. Ardsley, NY: Transnational Publishers. 356pp.

Trademarks Under The North American Free Trade Agreement (Nafta) With References To The New Trademark Law Of Spain, Effective July 31, 2002, And The Current Mexican Law, Roberto Rosas

Faculty Articles

A trademark is any distinctive sign indicating that certain products or services have been manufactured or rendered by a specific person or company. This concept is currently recognized worldwide; however, the origin of trademarks dates back to antiquity when artisans placed their signatures or “marks” on their products containing an artistic or utilitarian element. Through time, these marks have evolved to such an extent that today, a reliable and efficient system for their registration and protection has been established. Besides protecting owners of trademarks, this system also helps consumers identify and purchase goods or services, which, because of the essence …

Incorporating Specific International Standards Into Atca Jurisprudence: Why The Ninth Circuit Should Affirm Unocal, Justin Prociv

University of Miami Inter-American Law Review

No abstract provided.

July 2003, Status Of The Response By The Office Of The Compliance Advisor, Cao

CAO General 1999-Present

No abstract provided.

Mitigating Human Rights Risks Under State-Financed And Privatized Infrastructure Projects, Michael B. Likosky

Indiana Journal of Global Legal Studies

No abstract provided.

Examining The (Non-)Status Of Ngos In International Law, Kerstin Martens

Indiana Journal of Global Legal Studies

No abstract provided.

A Critical Methodology Of Globalization: Politics Of The 21st Century?, Vidya S. A. Kumar

Indiana Journal of Global Legal Studies

No abstract provided.

Normative Creativity And Global Legal Pluralism: Reflections On The Democratic Critique Of Transnational Law, Oren Perez

Indiana Journal of Global Legal Studies

No abstract provided.

Lessons From Stockholm: Evaluating The Global Convention On Persistent Organic Pollutants, Andrew J. Yoder

Indiana Journal of Global Legal Studies

No abstract provided.

From Reluctant Champion To Development Ringmaster: Managing The Expanding Mission Of The World Bank, Jane Rueger

Indiana Journal of Global Legal Studies

No abstract provided.

Prescriptive Jurisdiction Over Internet Activity: The Need To Define And Establish The Boundaries Of Cyberliberty, Samuel F. Miller

Indiana Journal of Global Legal Studies

No abstract provided.

A Dynamic Institutional Theory Of International Law, Brett Frischmann

Buffalo Law Review

No abstract provided.

Acquisition And Deacquisition Of Museum Collections And The Fiduciary Obligations Of Museums To The Public, Patty Gerstenblith

Cardozo Journal of International and Comparative Law

The article examines the legal and ethical implications of museums' restitution of stolen or looted cultural artifacts, arguing that such restitutions do not violate fiduciary obligations but highlight the importance of proper acquisition and deaccessioning policies. It emphasizes that museums, as nonprofit entities, must balance their educational mission with legal and ethical duties, ensuring transparency and accountability in managing cultural heritage.

The Protection Of Folklore, Silke Von Lewinski

Cardozo Journal of International and Comparative Law

The article examines the challenges of protecting folklore under existing intellectual property laws, highlighting the limitations of current legal frameworks and advocating for a new international system that balances the rights of indigenous communities with the demands of commercial exploitation. It emphasizes the need for a comprehensive approach that considers the cultural, financial, and integrity interests of indigenous peoples, while addressing the historical failures of international efforts to establish effective protection for folklore.

The American Challenge To International Law: A Tentative Framework For Debate, Harlan G. Cohen

Scholarly Works

The United States often appears hypocritical in its commitment to International Law. It supports Nuremberg, Yugoslavia, and Rwandan tribunals, but opposes the International Criminal Court. It supports the creation of the United Nations, but seeks unilateral action in Iraq. This Essay explores these seeming contradictions in American stances toward international law. It argues that while such apparent hypocrisy might be explained by mere pragmatism, ideas prevalent in American foreign policy history seem to point in a more dangerous direction, that such divergent actions may actually be informed by a coherent, specifically American conception of international law. In particular, this Essay …

Cultural Heritage And Identity, Lucille A. Roussin

Cardozo Journal of International and Comparative Law

The article explores the intersection of "cultural property" and "cultural heritage," arguing that while cultural property refers to specific, legally defined objects of historical or scientific significance, cultural heritage encompasses a broader, collective concept tied to identity, history, and public interest. The article highlights how these concepts increasingly overlap, particularly in cases involving restitution, indigenous rights, and the commodification of cultural artifacts. It emphasizes the need for harmonized national and international legal frameworks to address these issues effectively.

International Courts And Tribunals, Nancy Amoury Combs, Daryl A. Mundis, Ucheora O. Onwuamaegbu, Mark B. Rees, Jacqueline A. Weisman

Faculty Publications

This article reviews and summarizes significant developments in 2002 involving international courts and tribunals, particularly events relating to the International Court of Justice, the United Nations Compensation Commission, the Iran-U.S. Claims Tribunal, the Claims Resolution Tribunal, and the International Commission on Holocaust Era Insurance Claims. Significant developments relating to the International Criminal Court, the International Criminal Tribunals for the former Yugoslavia and for Rwanda, proposed additional ad hoc international criminal tribunals, the International Tribunal for the Law of the Sea, the World Trade Organization dispute settlement system, and other trade dispute settlement systems are detailed in other articles in this …

Memo To M. Aizawa, Ifc Frm D. Hunter, An Ifc Policy On Procedures For Revising Policies, June 2003, David Hunter

IFC E&S Performance Standards

No abstract provided.

Ground Water Resources And International Law In The Middle East Process, Yoram Eckstein, Gabriel Eckstein

Faculty Scholarship

Next to issues of land, water resources are the major bone of contention in the peace negotiations between Israel and the Palestinian Arabs. The objective of negotiations is de facto setting the clock back to the eve of the Israel War of Independence, when the Jews accepted the 1947 UN resolution of partition, while the Arabs rejected it. The Arabs now accept the principle of territorial partition, but at the same time, they demand re-apportioning of resources, mainly of water. The Palestinians contend that the facts created on the ground unilaterally by Israel during the last 50 years, namely the …

The New Imperialism: Violence, Norms, And The "Rule Of Law", Rosa Ehrenreich Brooks

Michigan Law Review

The past decade has seen a surge in American and international efforts to promote "the rule of law" around the globe, especially in postcrisis and transitional societies. The World Bank and multinational corporations want the rule of law, since the sanctity of private property and the enforcement of contracts are critical to modern conceptions of the free market. Human-rights advocates want the rule of law since due process and judicial checks on executive power are regarded as essential prerequisites to the protection of substantive human rights. In the wake of September 11, international and national-security experts also want to promote …

Memorandum Of Argument, Supreme Court Of Canada, In Re James R. Demers, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

May 1-2, 2003, Cao. Advisory Role Activities. Background Note For Reference Group., Cao

CAO General 1999-Present

No abstract provided.