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2004

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Articles 271 - 300 of 834

Full-Text Articles in International Law

Los Estados Unidos Y Africa Sobre La Mgf: Comparative Culturales, Resoluciones Y Derechos, Julie R. Hess Jan 2004

Los Estados Unidos Y Africa Sobre La Mgf: Comparative Culturales, Resoluciones Y Derechos, Julie R. Hess

ILSA Journal of International & Comparative Law

Cuando comenc6 a investigar sobre la mutilaci6n genital femenina (en lo sucesivo "MGF"), tenfa una posici6n persistente de cambio para aquellas quienes son forzadas a someterse a la MGF, aquellas que permiten que la prdctica sea efectuada en ellas o, a fortiori, aquellas que la llevan a cabo ellas mismas sobre sus propios hijos u otros miembros familiares.

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Caribbean Single Market & Economy: What Is It And Can It Deliver?, Andrea M. Ewart Jan 2004

Caribbean Single Market & Economy: What Is It And Can It Deliver?, Andrea M. Ewart

ILSA Journal of International & Comparative Law

The Treaty of Chaguaramas, as amended by the Grand Anse Declaration and other documents pertinent to the creation of the Caribbean Single Market & Ecorjomy (CSME)', outlines the establishment of a Common Market and eventual creation of an Economic Union.

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Tributacion De Internet Y Burquina Faso: Estudio De Un Caso, Scott Budnick Jan 2004

Tributacion De Internet Y Burquina Faso: Estudio De Un Caso, Scott Budnick

ILSA Journal of International & Comparative Law

Una de las criticas mAs comunes de globalizaci6n moderna es que esta tendencia estd conduciendo a "una mayor desigualdad dentro de paises."

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Sovereign Immunity: Ramifications Of Altmann, Jenny Adelman Jan 2004

Sovereign Immunity: Ramifications Of Altmann, Jenny Adelman

ILSA Journal of International & Comparative Law

The Altmann family has tried for half a century to recover their valuable paintings from the Austrian government.

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Isla Journal Of International And Comparative Law, Isla Journal Of Comparative Law Jan 2004

Isla Journal Of International And Comparative Law, Isla Journal Of Comparative Law

ILSA Journal of International & Comparative Law

One of the more common criticisms of modem globalization is that this trend is leading to "higher inequality within countries."

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Isla Journal Of International And Comparative Law, Isla Journal Of Comparative Law Jan 2004

Isla Journal Of International And Comparative Law, Isla Journal Of Comparative Law

ILSA Journal of International & Comparative Law

In discussing the justice processes used in Indonesia and East Timor to hold individuals accountable for serious violations of international law com- mitted in East Timor, it is important to emphasize that the problems are rooted in politics not the rule of law.

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United States And Africa On Fgm: Cultural Comparatives, Resolutions, And Rights, Julie R. Hess Jan 2004

United States And Africa On Fgm: Cultural Comparatives, Resolutions, And Rights, Julie R. Hess

ILSA Journal of International & Comparative Law

When I began researching female genital mutilation (hereinafter "FGM"), I was adamant about change for those who are forced to submit to FGM, those who allow the practice to be performed on themselves or, afortiori, to perform it themselves on their own children and other family members.

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Beware Of Lawyers Bearing Gifts:A Critical Evaluation Of The Proposals On Fundamental Rights In The Draft Constitutional Treaty., Stephen Carruthers Jan 2004

Beware Of Lawyers Bearing Gifts:A Critical Evaluation Of The Proposals On Fundamental Rights In The Draft Constitutional Treaty., Stephen Carruthers

Articles

The article assesses how far the provisions on fundamental rights contained in the draft Treaty Establishing a Constitution for Europe advance the objectives of promotion of the rule of law, transparency, a balanced relationship between the Union and national legal orders, and effective judicial redress. Argues that while the proposed accession of the Union to the European Convention on Human Rights 1950 and incorporation of the Charter of Fundamental Rights of the European Union 2000, notwithstanding justiciability problems, deserve support, the retention of the general principles of law as a source of fundamental rights and the suggested amendments to the …

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Thicker Than Blood: Holding Exxon Mobil Liable For Human Rights, Kerrie M. Taylor Jan 2004

Thicker Than Blood: Holding Exxon Mobil Liable For Human Rights, Kerrie M. Taylor

Syracuse Journal of International Law and Commerce

This Note focuses on the accountability of multinational corporations that commit human rights violations abroad. More specifically, this note will focus on whether Exxon Mobil, who reported approximately $210 billion in revenue and was listed by Fortune as the largest publicly held corporation for the year 2000, may be held liable under the Alien Torts Claim Act ("ATCA") for knowingly supporting the egregious behavior of the Indonesian military. Part I of this Note explores the scope of the corporate human rights problem. Part II discusses the birth of multinational corporations ("MNCs"). Part III examines the history of the A TCA …

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2003-2004 Survey Of International Law In The Second : Alien Tort Claims Act And Subject Matter Jurisdiction, Rohit Punj Jan 2004

2003-2004 Survey Of International Law In The Second : Alien Tort Claims Act And Subject Matter Jurisdiction, Rohit Punj

Syracuse Journal of International Law and Commerce

In Presbyterian Church of Sudan v. Talisman Energy, the District Court for the Southern District of New York held that there was subject matter jurisdiction under the Alien Tort Claims Act [hereinafter ATCA], and that the Court could assert personal jurisdiction over a foreign corporation under New York law. The Court treated Talisman Energy [hereinafter Talisman], a Canadian corporation, as a state actor for ATCA purposes and further found that Talisman's acts constituted jus cogens violations. This Court's ruling reaffirmed Second Circuit and international treaty precedent, which holds that corporations may be held liable for }us cogens violations under the …

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International Money Laundering And U.S. Law: A Need To "Know-Your-Partner", Marian Hagler Jan 2004

International Money Laundering And U.S. Law: A Need To "Know-Your-Partner", Marian Hagler

Syracuse Journal of International Law and Commerce

This article seeks to draw attention to the importance of understanding and mitigating the risks associated with the broad sweep of U.S. money laundering laws for persons pursuing new business relationships, such as new ventures in emerging markets. This article first examines the technical aspects of U.S. money laundering laws in the context of international transactions, and then provides recommendations for measured due diligence and other steps that work to reduce exposure to them by complying with the law's implicit "know your partner" requirement.

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Introduction To Indigenous Law Symposium Transcripts, Danielle R. Lapierre Jan 2004

Introduction To Indigenous Law Symposium Transcripts, Danielle R. Lapierre

Syracuse Journal of International Law and Commerce

The Center for Indigenous Law, Governance and Citizenship was established in 2003 at Syracuse University College of Law under the direction of Robert Odawi Porter. The Center has four main goals: To conduct research relating to the citizenship rights and responsibilities of Indigenous peoples in the United States, Canada, and throughout the world; To conduct research relating to the law and governance of Indigenous nations in the United States and Canada; To provide technical assistance to Indigenous nations in the United States and Canada seeking to reform their governing institutions and administrative laws, as well as federal, state, local, and …

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What Is The Federal Government's Trust Responsibility Towards Removed And Unremoved Indian Nations?, Ann C. Juliano Jan 2004

What Is The Federal Government's Trust Responsibility Towards Removed And Unremoved Indian Nations?, Ann C. Juliano

Syracuse Journal of International Law and Commerce

The question of removed and unremoved Indian nations competing with each other arises here in New York in the context of the land claims. There is also a land claim which has been filed in Pennsylvania. There are no federally recognized tribes in Pennsylvania and thus, there is an issue of a removed tribe returning to exercise jurisdiction. This raises the next question: what kind of jurisdiction do returning removed tribes have, and, given that removal policy across the country, can these types of cases arise in any number of states?

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Small State With A Big Tradition: Norway Continues Whaling At The Expense Of Integration And Nordic Cooperation, Sonja M. Halverson Jan 2004

Small State With A Big Tradition: Norway Continues Whaling At The Expense Of Integration And Nordic Cooperation, Sonja M. Halverson

Syracuse Journal of International Law and Commerce

This Note has been separated into five parts. Part I summarizes the history of whaling, details Norwegian contributions to the whaling industry, and outlines the formation and transformation of the International Whaling Commission. Part II discusses the legality of Norwegian whaling, enforcement failures within the International Whaling Commission, and exceptions to international law that legalize Norwegian whaling. Part III illustrates the negative effect of Norwegian whaling on Norway's relationship with the European Union and the potential effect that whaling could have on other Nordic countries. Part IV examines the future of Norwegian whaling and contemplates the possibility of Norway discontinuing …

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'Lesser Evils' In The War On Terrorism, Mark A. Drumbl Jan 2004

'Lesser Evils' In The War On Terrorism, Mark A. Drumbl

Scholarly Articles

No abstract provided.

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Rights, Culture, And Crime: The Role Of Rule Of Law For The Women Of Afghanistan, Mark A. Drumbl Jan 2004

Rights, Culture, And Crime: The Role Of Rule Of Law For The Women Of Afghanistan, Mark A. Drumbl

Scholarly Articles

This Article explores the role of rule of law in redressing crimes and human rights abuses committed against the women of Afghanistan. Mainstream discourse approaches the situation binarily, obliging women to choose between international and often distant human rights, on the one hand, or proximate cultural/religious norms, on the other, in order to adjudicate gender crimes. This can lead either to externalized justice or, in the case of the implementation of Afghan local law, to renewed victimization of women in the name of redressing abuses suffered by other women. Local law in Afghanistan is reflected in codes such as the …

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Forward, Edward E. Potter Jan 2004

Forward, Edward E. Potter

American University International Law Review

No abstract provided.

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Would It Be An Appropriate Use Of Prosecutorial Discretion If The Prosecutor Declined To Initiate An Investigation In The Case Of An Alleged Offender Who Has Been Given Amnesty Or Asylum?, Mark A. Pustay Jan 2004

Would It Be An Appropriate Use Of Prosecutorial Discretion If The Prosecutor Declined To Initiate An Investigation In The Case Of An Alleged Offender Who Has Been Given Amnesty Or Asylum?, Mark A. Pustay

War Crimes Memoranda

No abstract provided.

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2003-2004 Survey Of International Law In The Second : Warsaw Convention, Rebecca E. Hill Jan 2004

2003-2004 Survey Of International Law In The Second : Warsaw Convention, Rebecca E. Hill

Syracuse Journal of International Law and Commerce

In Magan v. Lufthansa German Airlines, the plaintiff appealed the granting of summary judgment in favor of the defendant, Lufthansa German Airlines [hereinafter Lufthansa]. The complaint arose out of an incident that occurred on an aircraft destined for Sofia, Bulgaria on March 27, 1997.2 Plaintiff claimed that, following the pilot's announcement to be seated, some turbulence caused him to hit his head on an overhang. As a result of the impact, Plaintiff Magan broke his nose and "dislodged a dental bridge from his mouth.'' Additionally, Magan complained of blurred vision and claimed he blacked out as a result of striking …

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America's Struggle To Develop A Consistent Legal Approach To Controversial Human Embryonic Stem Cell Research And Therapeutic Cloning: Are The Politics Getting In The Way Of Hope?, Melissa S. Burchell Jan 2004

America's Struggle To Develop A Consistent Legal Approach To Controversial Human Embryonic Stem Cell Research And Therapeutic Cloning: Are The Politics Getting In The Way Of Hope?, Melissa S. Burchell

Syracuse Journal of International Law and Commerce

Part I of this note evaluates human embryonic stem cell research, including an explanation of the potential benefits of this procedure and the ethical debates surrounding this type of research. Part I also identifies the legal approach to human embryonic stem cell research currently used in the U.S. Next, Part I addresses therapeutic cloning. First, therapeutic cloning is explained and then distinguished from reproductive cloning. Second, Part I discusses the ethical concerns that arise from therapeutic cloning. Third, Part I outlines the current U.S. legal approach to therapeutic cloning. Part II of this note explains the British approach to both …

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2003-2004 Survey Of International Law In The Second: Foreign Sovereign Immunities Act, Rebecca E. Hill Jan 2004

2003-2004 Survey Of International Law In The Second: Foreign Sovereign Immunities Act, Rebecca E. Hill

Syracuse Journal of International Law and Commerce

In Abrams v. Societe Nationale des Chemis de Fer Francais, 332 F .3d 173 (2002), plaintiff brought suit this individually and on behalf of other Holocaust victims and such heirs against the French International Railroad, Societe Nationale des Chemis de Fer Francais [hereinafter SNCF] for actions arising out of the operation of trains which transferred thousands of French civilians to Nazi concentration camps. The allegation stated that SNCF violated customary international law by committing crimes against humanity and acts of war crimes.

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Front Matter Jan 2004

Front Matter

Syracuse Journal of International Law and Commerce

No abstract provided.

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Perspectives, Donna Arzt, Gerald Grant Jan 2004

Perspectives, Donna Arzt, Gerald Grant

Syracuse University Magazine

No abstract provided.

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The Ties That Bind: U.S. Foreign Policy Commitments And The Constitutionality Of Entrenching Executive Agreements, Justin C. Danilewitz Jan 2004

The Ties That Bind: U.S. Foreign Policy Commitments And The Constitutionality Of Entrenching Executive Agreements, Justin C. Danilewitz

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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When Her Feet Touch The Ground: Conflict Between The Roma Familistic Custom Of Arranged Juvenile Marriage And Enforcement Of International Human Rights Treaties, Jeff Timmerman Jan 2004

When Her Feet Touch The Ground: Conflict Between The Roma Familistic Custom Of Arranged Juvenile Marriage And Enforcement Of International Human Rights Treaties, Jeff Timmerman

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Iraq And The 800-Pound Gorilla Revisited: Good And Bad Faith, And Humanitarian Intervention, Davis Brown Jan 2004

Iraq And The 800-Pound Gorilla Revisited: Good And Bad Faith, And Humanitarian Intervention, Davis Brown

UC Law SF International Law Review

One of the leading justifications for the 2003 U.S.-led invasion of Iraq and removal of the Ba'ath Party from power was that Iraq had developed chemical and biological weapons, and was rapidly developing nuclear capability. The author's previous article, "Enforcing Arms Control Agreements by Military Force: Iraq and the 800-Pound Gorilla," argued that the invasion was lawful, even without Security Council authorization, by taking a new, injury-remedy approach to war theory. With no weapons of mass destruction yet found in Iraq, new justifications must be found to legitimate the invasion. The author revisits the injury-remedy approach, incorporating good and bad …

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Establishing The Truth On Facts: Has The Chinese Civil Process Achieved This Goal?, Zhong Jianhua, Yu Guanghua Jan 2004

Establishing The Truth On Facts: Has The Chinese Civil Process Achieved This Goal?, Zhong Jianhua, Yu Guanghua

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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It Don't Come Eez: The Failure And Future Of Coastal State Fisheries Management, Donna R. Christie Jan 2004

It Don't Come Eez: The Failure And Future Of Coastal State Fisheries Management, Donna R. Christie

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Strategic Myopia: The United States, Cruise Missiles, And The Missile Technology Control Regime, Michael Dutra Jan 2004

Strategic Myopia: The United States, Cruise Missiles, And The Missile Technology Control Regime, Michael Dutra

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Outsourcing Refugee Protection Responsibilities: The Second Life Of An Unconscionable Idea, Ronald C. Smith Jan 2004

Outsourcing Refugee Protection Responsibilities: The Second Life Of An Unconscionable Idea, Ronald C. Smith

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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