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2004

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Articles 331 - 360 of 834

Full-Text Articles in International Law

Project Finance And Securitization: A Natural Hybrid, James J. Croke, Jr. Jan 2004

Project Finance And Securitization: A Natural Hybrid, James J. Croke, Jr.

Global Business & Development Law Journal

No abstract provided.

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Priming The Pump: Tapping The Global Capital Markets To Fund The World's Infrastructure Needs, Martin Kamarck Jan 2004

Priming The Pump: Tapping The Global Capital Markets To Fund The World's Infrastructure Needs, Martin Kamarck

Global Business & Development Law Journal

No abstract provided.

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Project Finance In Emerging Markets - The Role Of The International Finance Corporation, Carol M. Mates Jan 2004

Project Finance In Emerging Markets - The Role Of The International Finance Corporation, Carol M. Mates

Global Business & Development Law Journal

No abstract provided.

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International Finance, Foreign Investment And Human Rights: Some Concluding Thoughts, Lucien J. Dhooge Jan 2004

International Finance, Foreign Investment And Human Rights: Some Concluding Thoughts, Lucien J. Dhooge

Global Business & Development Law Journal

No abstract provided.

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Legal And Practical Protection Of U.S. Foreign Investment, W. Geoffrey Anderson Jan 2004

Legal And Practical Protection Of U.S. Foreign Investment, W. Geoffrey Anderson

Global Business & Development Law Journal

No abstract provided.

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2003-2004 Survey Of International Law In The Second: National Stolen Property Act, Pooja Sethi Jan 2004

2003-2004 Survey Of International Law In The Second: National Stolen Property Act, Pooja Sethi

Syracuse Journal of International Law and Commerce

In United States of America v. Schultz, the United States Court of Appeals for the Second Circuit examined whether conspiring to take antiquities that were owned by the Government of Egypt under Egyptian Law 117 violates the National Stolen Property Act [hereinafter NSPA]. In analyzing this issue, the Second Circuit analyzed the law of Egypt- Law 117, the meaning of the term stolen, and the Fifth Circuit's definition of the NSP A. The Second Circuit found in this case that the Egyptian antiquities were stolen within the meaning of 18 U.S.C. § 2315, NSPA. To support this finding, the Second …

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2003-2004 Survey Of International Law In The Second: International Money Laundering Statue, Rebecca E. Hill Jan 2004

2003-2004 Survey Of International Law In The Second: International Money Laundering Statue, Rebecca E. Hill

Syracuse Journal of International Law and Commerce

In United States v. Dinero Express, Inc., the Second Circuit Court of Appeals was required to decide whether the remittance scheme, viewed as an entire process, qualifies as "transfer" under § 1956(a), despite the fact no money was wired from the United States to the Dominican Republic. The Court of Appeals affirmed the trial court's holding stating that the actions of defendant qualified as a "transfer."

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Sexual Slavery And The International Criminal Court: Advancing International Law, Valerie Oosterveld Jan 2004

Sexual Slavery And The International Criminal Court: Advancing International Law, Valerie Oosterveld

Michigan Journal of International Law

This Article explores the advancement of the international crime of sexual slavery, from its initial inclusion in the Rome Statute of the International Criminal Court through further development in the delineation of the ICC's Elements of Crime document. This Article begins with a detailed exploration of the negotiation process that led to the inclusion of the crime of sexual slavery in the Rome Statute. The first Section describes the decision to include both sexual slavery and enforced prostitution as crimes, as well as the debate on listing sexual slavery as a crime separate from that of enslavement. Next, the Section …

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The Reality Of Private Rights, Duties, And Participation In The International Legal Process, Jordan J. Praust Jan 2004

The Reality Of Private Rights, Duties, And Participation In The International Legal Process, Jordan J. Praust

Michigan Journal of International Law

In a realistic and descriptive sense, international law is a complex and dynamic legal process profoundly interconnected with regional and domestic legal processes throughout the globe. There are no single sources or evidences of international law; no single set of participants; and no single arenas or institutional arrangements for the creation, invocation, application, change or termination of such law. Like all human law, it is full of human choice and rich in individual and group participation and inter-affectation. Awareness of this reality can have significant consequences with respect to identification of international legal norms, realistic meaning or content, remedies, and …

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Chronopost V. Ufex: The Paradoc Of The Competing Monopolist Symposium On European Competition Law , Alessandra Fratini, Andrea Carta Jan 2004

Chronopost V. Ufex: The Paradoc Of The Competing Monopolist Symposium On European Competition Law , Alessandra Fratini, Andrea Carta

Northwestern Journal of International Law & Business

On July 3, 2003, in the Chronopost judgment, the European Court of Justice ("ECJ" or "the Court") defined the conditions under which a public undertaking, enjoying a legal monopoly for the provision of services of general interest, can provide services to its subsidiaries without infringing Article 87(1) of the EC Treaty. The impact of this judgment on European Community ("EC") state aid policy and public services is potentially large, in both legal and practical terms. The ruling casts light on the real dilemma underlying the application of state aid rules to the circumstances of the case: how to allow public …

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Of Federalism, Human Rights, And The Holland Caveat: Congressional Power To Iplement Treaties, Ana Maria Merico-Stephens Jan 2004

Of Federalism, Human Rights, And The Holland Caveat: Congressional Power To Iplement Treaties, Ana Maria Merico-Stephens

Michigan Journal of International Law

This Article explores whether the Rehnquist Court's federalism doctrine, as elaborated during this last decade, should or ought to extend to the domestication of discrete provisions of ratified human rights treaties. It explores this question by examining the International Covenant on Civil and Political Rights (Covenant) and by considering the civil remedy provision of Violence Against Women Act (VAWA) as potential implementing legislation for the equality provisions of the Covenant. In the context of this inquiry, the discussion engages federalism, as developed by the current Court, on its own terms. That is, I do not seek here to defend it …

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Rulemaking From The Bench: A Place For Minimalism At The Icty, Megan A. Fairlie Jan 2004

Rulemaking From The Bench: A Place For Minimalism At The Icty, Megan A. Fairlie

Faculty Publications

This article explores the ability of the International Criminal Tribunal for the former Yugoslavia to create and amend its own Rules of Procedure and Evidence. It also focuses on the manner in which the Tribunal addresses issues that arise, throughout the course of its proceedings, for which its statute and rules are silent. This article advances the theory that, when confronted with issues that are controversial, complex, or for which there is a lack of consensus among national legal systems or the Tribunal’s judiciary, the Court should simply decide the case before it rather that create broad and binding rules. …

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International Law And Religion In Latin America: The Beagle Channel Dispute, M C. Mirow Jan 2004

International Law And Religion In Latin America: The Beagle Channel Dispute, M C. Mirow

Faculty Publications

In 1978, an Argentine diplomat proposed a method of defusing a territorial dispute that very nearly sparked off a war between Argentina and Chile, It,was an offer calculated to be rejected by Chile, and yet Chile’s immediate response was “Agreed” - a response so unthinkable to Argentina that within hours its military Junta revoked the power of the Foreign Minister and the President to sign the agreement it had just proposed. In December 1978, the countries were quickly moving towards a war that, if waged, would most likely have engulfed much of Latin America. The Vatican, however, intervened and brought …

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Foreword: Terrorism On Trial, Michael P. Scharf, Amy E. Miller Jan 2004

Foreword: Terrorism On Trial, Michael P. Scharf, Amy E. Miller

Faculty Publications

While the Lockerbie approach is currently out of vogue, are there nonetheless lessons from Lockerbie that policy makers can draw on in determining how to best use law as a weapon against terrorism in the future? To explore this important and timely question, the Frederick K. Cox International Law Center assembled a group of high level United Nations officers, former U.S. government officials, noted prosecutors and defense counsel, and prominent journalists and scholars for a day-long symposium at Case Western Reserve University School of Law on October 8, 2004, entitled "Terrorism on Trial." The conference, which was cosponsored by the …

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Book Review: Assessing The Cec's Impact On Nafta, Robert C. Hale Jan 2004

Book Review: Assessing The Cec's Impact On Nafta, Robert C. Hale

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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The Conflict Between Facilitating International Trade And Protecting U.S. Agriculture From Invasive Species: Aphis, The U.S. Plant Protection Laws, And The Argentine Citrus Dispute, Terence P. Stewart, Caryn B. Schenewerk Jan 2004

The Conflict Between Facilitating International Trade And Protecting U.S. Agriculture From Invasive Species: Aphis, The U.S. Plant Protection Laws, And The Argentine Citrus Dispute, Terence P. Stewart, Caryn B. Schenewerk

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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State Regulation Of Cruise Ship Pollution: Alaska's Commercial Passenger Vessel Compliance Program As A Model For Florida, Stephen Thomas Jr. Jan 2004

State Regulation Of Cruise Ship Pollution: Alaska's Commercial Passenger Vessel Compliance Program As A Model For Florida, Stephen Thomas Jr.

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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"Strangers In A Strange Land" -- Transnational Litigation, Foreign Judgment Recognition, And Enforcement In Ontario, Antonin I. Pribetic Jan 2004

"Strangers In A Strange Land" -- Transnational Litigation, Foreign Judgment Recognition, And Enforcement In Ontario, Antonin I. Pribetic

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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The Dam Controversy: Does The Endangered Species Act Apply Internationally To Protect Foreign Species Harmed By Dams On The Colorado River?, Bridget Kellogg Jan 2004

The Dam Controversy: Does The Endangered Species Act Apply Internationally To Protect Foreign Species Harmed By Dams On The Colorado River?, Bridget Kellogg

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Abstracts Jan 2004

Abstracts

Florida State University Journal of Transnational Law & Policy

No abstract provided.

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Prosecutor V Radislav Krstić: Icty Authenticates Genocide At Srebrenica And Convicts For Aiding And Abetting, Mark Drumbl Jan 2004

Prosecutor V Radislav Krstić: Icty Authenticates Genocide At Srebrenica And Convicts For Aiding And Abetting, Mark Drumbl

Scholarly Articles

The Krstić Appeals Chamber decision makes two major contributions to international criminal law. It also provides a number of additional insights and clarifications. In this case note, I will critically examine the two major contributions. Firstly, Krstić authenticates that genocide was in fact perpetrated against the Bosnian Muslims of Srebrenica. This serves an important didactic purpose. Srebrenica is the only incidence of genocide the ICTY has found amidst the pervasive violence that roiled the former Yugoslavia. Secondly, Krstić narrows the scope of joint criminal enterprise as a mechanism to attribute individual criminal liability for acts perpetrated by groups acting collectively. …

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Sexual Slavery And The International Criminal Court: Advancing International Law, Valerie Oosterveld Jan 2004

Sexual Slavery And The International Criminal Court: Advancing International Law, Valerie Oosterveld

Law Publications

This Article explores the advancement of the international crime of sexual slavery, from its initial inclusion in the Rome Statute of the International Criminal Court through further development in the delineation of the ICC's Elements of Crime document. This Article begins with a detailed exploration of the negotiation process that led to the inclusion of the crime of sexual slavery in the Rome Statute. The first Section describes the decision to include both sexual slavery and enforced prostitution as crimes, as well as the debate on listing sexual slavery as a crime separate from that of enslavement. Next, the Section …

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The Rise And Fall Of The U.N. Charter's Use Of Force Rules, Michael J. Glennon Jan 2004

The Rise And Fall Of The U.N. Charter's Use Of Force Rules, Michael J. Glennon

UC Law SF International Law Review

American policy makers and international lawyers sit in a parallel universe. Policy makers determine whether to use force in any given situation by examining the costs and benefits. International lawyers engage in legal analysis, which rarely plays a role in the policy makers' decisions. This paper examines three different elements of American foreign policy: (1) the American foreign policy objectives, (2) the means by which those objectives are pursued, and (3) the way in which the United States should deal with a world in which the U.N. collective security system has collapsed.

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The European Free Trade Association Court And Positive Action, Thomas Trelogan, Steve Mazurana, Paul Hodapp Jan 2004

The European Free Trade Association Court And Positive Action, Thomas Trelogan, Steve Mazurana, Paul Hodapp

UC Law SF International Law Review

"Affirmative Action" in the United States, "Positive Action" in Europe. Although Europeans and Americans have both enacted laws to prevent discrimination based on gender, the differences have been in more than just name. In this introduction to "positive action" law, the authors provide an overview of the European Court of Justice, the European Free Trade Association Court, and how disputes over positive action are resolved in Europe. The authors then conclude with a discussion of a representative positive action case.

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Can't We Enlarge The Blanket And The Bed - A Comparative Analysis Of Positive/Affirmative Action In The European Court Of Justice And The United States Supreme Court, Thomas Trelogan, Steve Mazurana, Paul Hodapp Jan 2004

Can't We Enlarge The Blanket And The Bed - A Comparative Analysis Of Positive/Affirmative Action In The European Court Of Justice And The United States Supreme Court, Thomas Trelogan, Steve Mazurana, Paul Hodapp

UC Law SF International Law Review

In a time when race-based affirmative action is the focal discrimination issue in the United States, the subject of gender equality runs the risk of stagnation. The authors return the attention to sex-based affirmative action by examining the arguments for and against European positive action plans, and several of the resulting European Court of Justice cases. The authors conclude with a comparison to similar gender-based discrimination laws in the United States, and a discussion of the similarities and differences of the two systems.

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De Facto Abandonment Of Territoriality: Protection Of (Not-So-) Well-Known Foreign Trademarks In Japan And The United States, Ryota Charles Goto Jan 2004

De Facto Abandonment Of Territoriality: Protection Of (Not-So-) Well-Known Foreign Trademarks In Japan And The United States, Ryota Charles Goto

UC Law SF International Law Review

In an ever-more interconnected world, it becomes increasingly important for a business to protect its trademark on a global scale. Japanese Trademark law Article 4(1)(xix), combined with other provisions, has proven to be generally effective in defending the rights of foreign trademark owners. On the other hand, U.S. law regarding the protection of foreign trademarks has remained surprisingly and disappointingly static. The author proposes that Person's v. Christman be overruled and that a provision identical or similar to Japanese Trademark Law Article 4(1)(xix) be adopted.

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Descent Into Authoritarianism: Barriers To Constitutional Rule In Belarus, Eric R. Reed Jan 2004

Descent Into Authoritarianism: Barriers To Constitutional Rule In Belarus, Eric R. Reed

UC Law SF International Law Review

The switch from authoritarianism to constitutional democracy has found varying levels of success in the former Soviet republics. Belarus, under President and former collective farm manager Alexander Lukashenka, has reverted from a promising democracy back to an authoritarian regime. This note begins with the historical underpinnings of Belarus' democratic collapse, and then examines the political, social, and judicial factors that contributed. The author concludes with a discussion of how Belarus might regain its democratic footing.

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A Toothless Tiger: President Uribe's Proposed Amnesty Bill, Sarah R. Sandford-Smith Jan 2004

A Toothless Tiger: President Uribe's Proposed Amnesty Bill, Sarah R. Sandford-Smith

UC Law SF International Law Review

On August 21, 2003, Colombian President Alvaro Uribe presented a bill that would permit certain paramilitary and guerilla leaders to avoid prison for gross human rights violations. These individuals would merely have to pay a fee - as reparations to the victims and their families. This note begins by discussing the history behind the bill, and then looks at two possible alternatives: a United Nations truth commission and jurisdiction by the International Criminal Court. The author concludes by suggesting that a truth commission would be the best solution.

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The Inece Indicators Project: Improving Environmental Compliance And Enforcement Through Performance Measurement, Kenneth J. Markowitz, Krzysztof Michalak Jan 2004

The Inece Indicators Project: Improving Environmental Compliance And Enforcement Through Performance Measurement, Kenneth J. Markowitz, Krzysztof Michalak

Sustainable Development Law & Policy

No abstract provided.

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Cities In Africa: An Examination Of Domestic Implementation And Compliance, Yvonne Fiadjoe Jan 2004

Cities In Africa: An Examination Of Domestic Implementation And Compliance, Yvonne Fiadjoe

Sustainable Development Law & Policy

No abstract provided.

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