International Law Commons^™

Sept. 25-26, 2004, Bic, Banktrack And Foe, Paper On Ifis, Ecas, Private Banks; A Triple Alliance, Bic

IFC E&S Performance Standards

No abstract provided.

Apr. 2004, Bic, Wb To Lead Revision Of Private Sector Envtl Standards, Bic

IFC E&S Performance Standards

No abstract provided.

All Bets Are Off(Line): Antigua's Trouble In Virtual Paradise, Caroline Bissett

University of Miami Inter-American Law Review

No abstract provided.

Long-Term Direct Investment In Brazil, Charles W. Cookson Ii

University of Miami Inter-American Law Review

No abstract provided.

The Transnational Corporation In History: Lessons For Today?, Janet Mclean

Indiana Law Journal

This is the revised text of the George P. Smith, II Lecture delivered at Indiana University School of Law- Bloomington on April 4, 2003.

Civic Constitutionalism, The Second Amendment, And The Right Of Revolution, David C. Williams

Indiana Law Journal

Indiana University Distinguished Faculty Research Lecture. April 23, 2003.

The World Summit On Sustainable Development And Women's Access To Land: Why Nigeria Should Adopt The Eritrean Land Proclamation, Natasha C. Robinson

William & Mary Journal of Race, Gender, and Social Justice

No abstract provided.

Charterwithout Borders? The Supreme Court Of Canada, Transnational Crime And Constitutional Rights And Freedoms, Robert J. Currie

Dalhousie Law Journal

The first decades of the Supreme Court of Canada's Charter jurisprudence have coincided roughly with an increase in the extent to which Canada is affected by transnational crime and the nation s consequential participation in inter-state efforts to combat it. The Court itself has remarked on its discrete "jurisprudence on matters involving Canada's international co-operation in criminal investigations and prosecutions." This article examines the Court s adoption of a different approach to Charter analysis in cases involving transnational elements and surveys where the Court has "drawn the line" in terms of Charter application. By way of analyzing jurisprudence on exclusion …

Collective Insecurity: The Liberian Crisis, Unilateralism, & Global Order, Chidi Oguamanam

Dalhousie Law Journal

Recently, a democratically elected president issued an order requiring another President, also in office with, as it were, a democratic mandate, to vacate office. The latter complied and no dissenting voice was raised from anywhere in the rest of the world. The one is George W. Bush of the United States; the other is Charles Taylor of Liberia. This arrangement raises several questions: How is this state of affairs possible in 21st century Africa? How is it that Charles Taylor. a power hungry and known felon, became an elected president of Liberia in the first place, one that left in …

Global Intellectual Property Protection As Viewed Through The European Community's Treatment Of Geographical Indications: What Lessons Can Trips Learn?, Jacqueline Nanci Land

Cardozo Journal of International and Comparative Law

The note examines the European Community's (EC) approach to geographical indications (GIs) and its implications for the TRIPS Agreement, highlighting the EC as a potential model for harmonizing intellectual property (IP) laws globally. It argues that while TRIPS has made significant strides in creating an international IP framework, challenges such as differing national priorities and the influence of industrialized nations hinder full harmonization. The EC's integrated system, particularly its handling of GIs, offers valuable lessons for addressing these challenges and achieving more effective global IP protection.

International And Transracial Adoptions: Toward A Global Critical Race Feminist Practice?, Bernie D. Jones

Washington and Lee Journal of Civil Rights and Social Justice

No abstract provided.

Carl Schmitt's Nomos Of The Earth, Mark Antaki

Osgoode Hall Law Journal

No abstract provided.

The Law's Many Bodies, And The Manuscript Tradition In English Legal History, David J. Seipp

Faculty Scholarship

Sir John Baker's recent book The Law's Two Bodies supplies a happy occasion to celebrate and reflect on Professor Baker's unique place within the field of English legal history today

Students beginning their study of this subject can well imagine the long history of the English common law as an hourglass. The wide upper chamber of the hourglass is the rich, complex, intricate medieval law of the Year Books. The wide bottom chamber is the equally rich, complex, intricate but very different caselaw of the modem age. The narrow neck of the hourglass can be imagined as the mind of …

Unipolar Disorder: A European Perspective On U.S. Security Strategy, Diane Marie Amann

Scholarly Works

Much has been said about the National Security Strategy that U.S. President George W. Bush released one year after the terrorist assaults of September 11, 2001. The Strategy's declaration that the United States would strike first to prevent attack even before an enemy possessed the capability to attack-a point in time much earlier than when tradition would have condoned an act of anticipatory self-defense-provoked considerable comment. Debate within America encompassed multiple points of view; nonetheless, and perhaps not surprisingly, much of the debate reflected an American perspective. This essay, in contrast, considers the Strategy from a European perspective, one that …

The New Japanese Law Schools: Putting The Professional Into Legal Education, James Maxeiner, Keiichi Yamanaka

All Faculty Scholarship

In April 2004, more than sixty law schools began operation in Japan. Legal education, previously treated as a combination of undergraduate education in law and extra-university training in professional skills, will now be concentrated in new professional law schools. The reforms of Japanese legal education are intended both to produce more attorneys in a nation that has a shortage of legally trained professionals, and to help increase the role of law in Japanese society generally.

In order for Japan's new Jaw schools to achieve their educational objectives, they must successfully address a host of conceptual, pedagogical and organizational challenges. Foremost …

A War Of Words (In The Hype Of The Palestinian-Israeli Conflict, The Line Between Reality And Propaganda Can Easily Confuse Even The Most Objective Foreign Correspondent), Kenneth Lasson

All Faculty Scholarship

Most journalists look at their work and see professional pride, not personal prejudice. Even many of those who do the biased bidding of their employers could be characterized as decent, fair-minded, hard-working. In the Middle East today, however, where the conflict is still largely a war of words, reporters may often miss the forest for the trees. While such a result could be caused by the inherent limitations of their craft - constant deadlines, sometimes severe space restrictions, the pressure to produce dramatic stories - when their inherent political bias are combined with ignorance of broad historical perspectives, the result …

Temporary Protection As An Instrument For Implementing The Right Of Return For Palestinian Refugees, Susan M. Akram, Terry Rempel

Faculty Scholarship

The article argues for an internationally harmonized approach to temporary protection for Palestinian refugees and stateless persons. Temporary protection offers protection rights to this huge population of refugees that they lack in any of the main regions in which they have sought refuge. The article establishes the legal framework for temporary protection in the particular historical, legal and political context of the Palestinian refugee situation. It argues for the urgency of a harmonized rights-based protection regime.

Assisted Reproduction In Germany And The United States: An Essay In Comparative Law And Bioethics , John A. Robertson

ExpressO

No abstract provided.

Lysistrata, Women And War: International Law's Treatment Of Women In Conflict And Post-Conflict Situations, Emma L. Lindsay

ExpressO

Aristophanes’ Lysistrata is powerful anti-war play often revived during times of international conflict. This paper uses Lysistrata to highlight and critique binary oppositions that underpin the treatment of women in conflict and post-conflict situations in the play and in international law. While many of the experiences of women and girls in war are similar to those of men and boys, there are important differences. Existing inequalities between women and men, and patterns of discrimination against women and girls, tend to be exacerbated in wartime. There are circumstances in which women suffer harms of a different kind and to a different …

Reform(Aliz)Ing Copyright, Chris Sprigman

ExpressO

Reform(aliz)ing Copyright looks at the effect of the removal from the U.S. copyright laws of copyright formalities like registration, notice, and renewal. Beginning in 1976, the U.S. moved from a “conditional” copyright system that premised the existence and continuation of copyright on compliance with formalities, to an “unconditional” system, where copyright arises automatically when a work is “fixed”. Richard Epstein has aptly characterized these changes as “copyright law . . . flipping over from a system that protected only rights that were claimed to one that vests all rights, whether claimed or not.” That is a fundamental shift in any …

Appropriate Role Of Foreign Judgments In The Interpretation Of American Law: Hearing Before The H. Comm. On The Judiciary, 108th Cong., Mar. 25, 2004 (Statement Of Vicki C. Jackson, Prof. Of Law, Geo. U. L. Center), Vicki C. Jackson

Testimony Before Congress

No abstract provided.

Towards A New Core International Copyright Norm: The Reverse Three-Step Test, Daniel J. Gervais

ExpressO

This paper argues that international copyright treaties, such as the WTO TRIPS Agreement, should no longer be developed as sets of minimum standards with a standardized exception filter, namely the three-step test, but rather include a normative standard for the copyright rights themselves. In seeking harmony between rights and exceptions, and in light of copyright haphazard evolution (by simply adding new rights when a new way of using protected content was invented), a single new core norm is proposed: the reverse three-step test.

International Tax As International Law, Reuven S. Avi-Yonah

Law & Economics Working Papers Archive: 2003-2009

The purpose of this article is to introduce to the international lawyer the somewhat different set of categories (e.g., residence and source rather than nationality and territoriality) employed by international tax lawyers, and explain the reasons for some of the differences. At the same time, it attempts to persuade practicing international tax lawyers and international tax academics that their field is indeed part of international law, and that it would help them to think of it this way. For example, knowledge of the Vienna Convention on the Law of Treaties would help international tax lawyers in interpreting tax treaties, and …

A Positive Theory Of Universal Jurisdiction, Eugene Kontorovich

ExpressO

Academic discussions of universal jurisdiction (“UJ”) have been almost entirely normative, focusing on what UJ “should” be in an ideal world. This Article breaks with the normative approach and analyzes UJ from a positive perspective, drawing on historical evidence and rational choice models to understand what UJ has in fact been and what it can be.

Piracy was for centuries the only UJ offense. This Article begins by isolating the characteristics of piracy that made it uniquely suitable for UJ. While these characteristics show why UJ over piracy would cause fewer problems than UJ over other crimes, they still fail …

How About A Little Perspective? The Usa Patriot Act And The Use And Abuses Of History, Jeffrey A. Breinholt

ExpressO

A historical analysis of the U.S. law enforcement response to threatened terrorism, showing that the USA PATRIOT and other modern counterterrorism methods are neither unpredecented nor unconstitutional and that U.S. courts remain a haven for persons who feel threatened by government actions taken in the name of national security.

How Do The Social Benefits And Costs Of The Patent System Stack Up In Pharmaceuticals?, Daniel J. Gifford

ExpressO

This paper explores the workings of the patent system in the context of the generation of new pharmaceutical products. First it identifies the relevant characteristics of the patent system and its relation to the market. The paper concedes that, in general, the patent system is probably the best way of generating new technology, in substantial part because that system uses the market to provide both incentives and rewards. The paper also identifies downsides of this patent/market system: deadweight loss and the unresponsiveness of that patent/market system to the needs of the poor. The paper then explores the social costs and …

The New, Old United Nations - Proposal Of An Interpretative Model, Paul Tan

ExpressO

On the anniversary of the unilateral strike against Iraq, we are no closer to a definitive understanding of whether the attack is or is not legal. Many critics have, with much eloquence, made arguments for and against preventive self-defense as a normative concept, and others have scrutinized the text of the relevant Security Council resolutions and the United Nation’s Charter with much care to ascertain the technical merits of both claims. While both approaches have shed much light on this particular debate, it has done little to place it within its larger context. Iraq (and many conflicts before) should have …

Petition For The Redress Of Violations Of Human Rights Guaranteed By The American Declaration Of The Rights And Duties Of Man, Inter-American Commission On Human Rights, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

The Evolving Law On The Eurobank—Customer Relationship And The Common Law., Edmund M. Kwaw

ExpressO

The traditional common law rules respecting the banker-customer relationship are based on the notion that money on deposit is physical cash that has a location. Since eurocurrency deposits are book entries and not deposits of cash, this approach gives rise to problems when it is applied to the relationship between a eurobank and its customer. Thus far, decisions involving eurocurrency market deposits have been far from certain as to whether the traditional common law or a modified approach applies to the relatoinship between the eurobank and its customer. There is the need for Courts to introduce clarity and certainty into …

Partnerships With Monarchs: Univeiling And Re-Examining The Pattern Of "Third World" Economic Development In The Petroleum And Energy Sector, Diane M. Bales

ExpressO

No abstract provided.