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International Law Commons

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2004

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Articles 451 - 480 of 834

Full-Text Articles in International Law

The Military Commissions - A Possible Strength Giving Way To A Probable Weakness - And The Required Fix, Gregory P. Noone, Diana C. Noone Jan 2004

The Military Commissions - A Possible Strength Giving Way To A Probable Weakness - And The Required Fix, Gregory P. Noone, Diana C. Noone

Case Western Reserve Journal of International Law

No abstract provided.


State Actors In An International Definition Of Terrorism From A Human Rights Perspective, Bruce Broomhall Jan 2004

State Actors In An International Definition Of Terrorism From A Human Rights Perspective, Bruce Broomhall

Case Western Reserve Journal of International Law

No abstract provided.


Patent Practice In London - Local Internationalism: How Patent Law Magnifies The Relationship Of The United Kingdom With Europe, The United States, And The Rest Of The World, Thomas K. Mcbride Jr. Jan 2004

Patent Practice In London - Local Internationalism: How Patent Law Magnifies The Relationship Of The United Kingdom With Europe, The United States, And The Rest Of The World, Thomas K. Mcbride Jr.

Loyola University Chicago International Law Review

No abstract provided.


International Antitrust: Supreme Court Decides The Meaning Of "Gives Rise To A Claim" And "Foreign Tribunal", Robert E. Draba Jan 2004

International Antitrust: Supreme Court Decides The Meaning Of "Gives Rise To A Claim" And "Foreign Tribunal", Robert E. Draba

Loyola University Chicago International Law Review

No abstract provided.


Commentary To Professor Stephen D. Krasner, Jürgen Kurtz Jan 2004

Commentary To Professor Stephen D. Krasner, Jürgen Kurtz

Michigan Journal of International Law

Comment on Professor Stephen D. Krasner's The Hole in the Whole: Sovereignty, Shared Sovereignty, and International Law


Lessons From The Protracted Mox Plant Dispute: A Proposed Protocal On Marine Environmental Impact Assessment To The United Nations Convention On The Law Of The Sea, Maki Tanaka Jan 2004

Lessons From The Protracted Mox Plant Dispute: A Proposed Protocal On Marine Environmental Impact Assessment To The United Nations Convention On The Law Of The Sea, Maki Tanaka

Michigan Journal of International Law

Although the ITLOS order attempted to facilitate dialogue between the parties, the Tribunal was incapable of addressing the root cause of the MOX plant controversy, namely the lack of an adequate mechanism for transboundary environmental impact assessment at the onset of the conflict under UNCLOS. Similarly, the OSPAR and Annex VII tribunals have failed to bring about the efficient resolution of this procedural environmental dispute. This Article addresses the prevention of similar incidents by proposing the creation of a marine environmental impact assessment protocol to UNCLOS to make assessment procedures operational from the initial stage of controversial projects.


Terrorism: An Algerian Perspective, Idriss Jazairy Jan 2004

Terrorism: An Algerian Perspective, Idriss Jazairy

Richmond Journal of Global Law & Business

No abstract provided.


Hostile Protected Persons Or "Extra-Conventional Persons:" How Unlawful Combatants In The War On Terrorism Posed Extraordinary Challenges For Military Attorneys And Commanders, Paul E. Kantwill, Sean Watts Jan 2004

Hostile Protected Persons Or "Extra-Conventional Persons:" How Unlawful Combatants In The War On Terrorism Posed Extraordinary Challenges For Military Attorneys And Commanders, Paul E. Kantwill, Sean Watts

Fordham International Law Journal

First, this Article reviews policymakers' and commentators' categorization of participants in Operation Enduring Freedom, the armed conflict in Afghanistan against al Qaeda and Taliban fighters. This Article concentrate specifically on the status of participants operating at the fringes of the categories of persons protected by the Geneva Conventions. It shows, for example, how al Qaeda and the Taliban fighters tested the bounds of the Conventions by employing methods of “warfare” which rendered them non-distinct and therefore made a determination of their status unclear. This Article demonstrates how policymakers and ultimately the U.S. President created a class of persons--so-called extra-conventional persons--who …


Article 82: The Last Frontier – Fighting Fire With Fire?, James S. Venit Jan 2004

Article 82: The Last Frontier – Fighting Fire With Fire?, James S. Venit

Fordham International Law Journal

Since the entry into force of the European Union (“EU”) merger regulation in September 1990, there has been progress toward the acceptance of the need for rigorous economic analysis as the basis for the application of Community competition law. Although the path toward sound economic analysis has been uneven and recognition of the principle has sometimes exceeded its correct application, the increased willingness to acknowledge economic analysis as the basis for rational enforcement action should not be underestimated. The most noticeable and obvious success has been in the field of merger control. But even a statute as venerable as Article …


Constitutional Control Of European Elections: The Scope Of Judicial Review, Francis G. Jacobs Jan 2004

Constitutional Control Of European Elections: The Scope Of Judicial Review, Francis G. Jacobs

Fordham International Law Journal

The subject of this Article is the judicial review of elections at the European level, that is, judicial review of elections to the European Parliament. I will focus in particular on the division of jurisdiction between the European Court of Justice (“ECJ”) and the European Court of Human Rights (“ECHR”). Since the organization and conduct of those elections falls partly within the competence of the Member States and partly within the competence of the European Community (“EC”) Institutions, the subject provides a good illustration of the emerging system of constitutional review in Europe and of the respective functions within that …


An Interdisciplinary Approach To Improving Competition Policy And Intellectual Property Policy, William E. Kovacic, Andreas P. Reindl Jan 2004

An Interdisciplinary Approach To Improving Competition Policy And Intellectual Property Policy, William E. Kovacic, Andreas P. Reindl

Fordham International Law Journal

This Paper suggests that interdisciplinary cooperation and coordination should focus on IP policy issues as well. This Paper discusses whether greater emphasis on interdisciplinary cooperation and coordination could contribute to more effective international convergence. We address the topic as follows. Part 2 describes the interdependency between the CP and IP regimes and potential benefits of expanded cooperation between the two fields on a domestic level. Part 3 sketches the existing collection of domestic and international institutions that make up the CP and IP communities and examines the consequences of institutional multiplicity for efforts to achieve better harmony between the two …


Development Without Refugee Rights? A Civil Society Response, Merrill Smith Jan 2004

Development Without Refugee Rights? A Civil Society Response, Merrill Smith

Fordham International Law Journal

More than 300 non-governmental organizations (“NGOs”) and notable individuals from around the world have endorsed the Statement Calling for Solutions to End the Warehousing of Refugees, half representing refugees in or from the southern hemisphere. These NGOs are not just signing statements but taking concrete actions in donor and host nations to reshape the refugee protection agenda. Such international breadth of support is the beginning of a coordinated campaign to bring pressure to bear on the relevant parties.


End Of Exile: Practical Solutions To The Palestinian Refugee Question, Arthur C. Helton Jan 2004

End Of Exile: Practical Solutions To The Palestinian Refugee Question, Arthur C. Helton

Fordham International Law Journal

The objective of this Essay is to add new information and analytical insights to the debate, namely, research about how refugee and compensation solutions have been implemented in other situations. Practical implementation options are examined from a variety of comparative experiences. Examining these options could help soften the political absolutism that characterizes the current impasse on the refugee issue. But there is value in any event in understanding the international system context, and mapping realistic scenarios for such matters as an institutional framework to implement a settlement, the criteria and procedures for relocating refugees, and techniques and methods to award …


The Dichotomy Between Judicial Economy And Equality Of Arms Within International And Internationalized Criminal Trials: A Defense Perspective, Geert-Jan Alexander Knoops Jan 2004

The Dichotomy Between Judicial Economy And Equality Of Arms Within International And Internationalized Criminal Trials: A Defense Perspective, Geert-Jan Alexander Knoops

Fordham International Law Journal

This Article considers the trend to effectuate judicial economy within international criminal trials juxtaposed with the principle of equality of arms from the standpoint of the defense. It focuses on this juxtaposition as exemplified in contemporary case law of the ICTY. In addressing this issue, the analysis in this Article will build on the assumption that the interrelationship between these two notions must be interpreted in light of two cardinal parameters: first, the protection of the interests of the defense, and second, the principle of independence and non-political use of the notion of judicial economy.


The Security Council As "Global Legislator": Ultra Vires Or Ultra Innovative?, Eric Rosand Jan 2004

The Security Council As "Global Legislator": Ultra Vires Or Ultra Innovative?, Eric Rosand

Fordham International Law Journal

This Article begins by taking a closer look at the two Security Council resolutions at the center of this debate: Resolution 1373 and Resolution 1540. It argues that they make pragmatic sense as necessary responses by the Security Council to address urgent, global threats. Further, it explains how they serve to fill the existing gaps in international law, which, if not addressed, would hinder the international community's ability to tackle these twenty-first century threats. Part II, after providing a brief summary of the Council's powers under the U.N. Charter, focuses on whether this activity falls within the Security Council's mandate. …


Introduction, Justice Richard J. Goldstone Jan 2004

Introduction, Justice Richard J. Goldstone

Fordham International Law Journal

This special issue of the Fordham International Law Journal contains seven outstanding articles by jurists from seven countries on three continents. The articles have a common thread in highlighting the necessity for respect of human rights and the human dignity that they are designed to protect. They also demonstrate the significant advances made since the end of World War II of international human rights law. In an age of terrorism there is an inevitable tension between measures designed to protect the lives of innocent civilians and their fundamental civil liberties.


The Impact Of Monetary Union And The Euro On European Capital Markets: What May Be Achieved In Capital Market Integration, Rosa Giovanna Barresi Jan 2004

The Impact Of Monetary Union And The Euro On European Capital Markets: What May Be Achieved In Capital Market Integration, Rosa Giovanna Barresi

Fordham International Law Journal

Up to now, the Euro has been successful in replacing the traditional European currencies and in altering the landscape of European Capital Markets. Domestic users of the Euro are almost the same in number as the population of the United STates, although the Gross Domestic Products of the two economies are clearly not comparable. Still, if the Member States within the Euro-area truly want to be recognized as an integrated capital market, some work must be done. This Article will estimate, from current economic thought, what remains to be done and what can be achieved in the short term. Some …


The Garden, James Bacchus Jan 2004

The Garden, James Bacchus

Fordham International Law Journal

An essay about the importance of human rights in American foreign policy, framed through the work of Thomas Jefferson. Inspired by the author’s visit to the Jefferson Memorial and the American garden in Washington D.C.


Table Of Contents, International Law Review Jan 2004

Table Of Contents, International Law Review

Loyola University Chicago International Law Review

No abstract provided.


Toward Reconciliation In The Middle East: A Framework For Christian-Muslim Dialogue Using Natural Law Tradition, Russell Powell Jan 2004

Toward Reconciliation In The Middle East: A Framework For Christian-Muslim Dialogue Using Natural Law Tradition, Russell Powell

Loyola University Chicago International Law Review

No abstract provided.


Terrorism: The Persistent Dilemma Of Legitimacy, M. Cherif Bassiouni Jan 2004

Terrorism: The Persistent Dilemma Of Legitimacy, M. Cherif Bassiouni

Case Western Reserve Journal of International Law

No abstract provided.


Introduction: The Triangulation Of International Intellectual Property Law: Cooperation, Power, And Normative Welfare, Peter M. Gerhart Jan 2004

Introduction: The Triangulation Of International Intellectual Property Law: Cooperation, Power, And Normative Welfare, Peter M. Gerhart

Case Western Reserve Journal of International Law

No abstract provided.


Catching The Money Train: Using The Alien Tort Claims Act To Hold Private Banks Liable For Human Rights Abuses, Elizabeth T. Reichard Jan 2004

Catching The Money Train: Using The Alien Tort Claims Act To Hold Private Banks Liable For Human Rights Abuses, Elizabeth T. Reichard

Case Western Reserve Journal of International Law

No abstract provided.


On Military Commissions, Scott L. Silliman Jan 2004

On Military Commissions, Scott L. Silliman

Case Western Reserve Journal of International Law

No abstract provided.


When A Good Idea Is Poorly Implemented: How The International Criminal Court Fails To Be Insulated From International Politics And To Protect Basic Due Process Guarantees, Andrew J. Walker Jan 2004

When A Good Idea Is Poorly Implemented: How The International Criminal Court Fails To Be Insulated From International Politics And To Protect Basic Due Process Guarantees, Andrew J. Walker

West Virginia Law Review

No abstract provided.


The Global Challenge To Legal Education: Training Lawyers For A New Paradigm Of Economic, Political And Legal-Cultural Expectations In The 21st Century, Winston P. Nagan, Frsa, Danie Visser Jan 2004

The Global Challenge To Legal Education: Training Lawyers For A New Paradigm Of Economic, Political And Legal-Cultural Expectations In The 21st Century, Winston P. Nagan, Frsa, Danie Visser

ILSA Journal of International & Comparative Law

Enormous developments are taking place in the global economy. Initia- tives are being taken from the top down, and quite literally, from the bottom up.


Was The United States Justified In Renewing Resolution 1487 In Light Of The Abu Ghraib Prisoner Abuse Scandal?, Kerstin Pastujova Jan 2004

Was The United States Justified In Renewing Resolution 1487 In Light Of The Abu Ghraib Prisoner Abuse Scandal?, Kerstin Pastujova

ILSA Journal of International & Comparative Law

On May 19, 2004, the United States introduced a Resolution to the United Nations Security Council for a third year in a row, requesting it to exempt from the International Criminal Court (ICC) all current and former troops and personnel from non-International Criminal Court member states, like the United States, who serve on United Nations' missions.


U.S.-Eu Trade Relations: Sources Of Friction And Prospects For Resolution, Timothy C. Brightbill Jan 2004

U.S.-Eu Trade Relations: Sources Of Friction And Prospects For Resolution, Timothy C. Brightbill

ILSA Journal of International & Comparative Law

I would like to begin by discussing several of the most crucial trade disputes confronting the United States and the European Union. I will then look at several factors that continue to link the United States and the EU from a trade perspective.


Resolution Of Claims To Self-Determination: The Expansion And Creation Of Dispute Settlement Mechanisms, Valerie Epps Jan 2004

Resolution Of Claims To Self-Determination: The Expansion And Creation Of Dispute Settlement Mechanisms, Valerie Epps

ILSA Journal of International & Comparative Law

My task is three fold. I shall first give a very brief introduction to the topic of self-determination within the general jurisprudence of the proliferation of international dispute settlement mechanisms.


The Right To Self-Determination And Its Enforcement, Johan D. Van Der Vyver Jan 2004

The Right To Self-Determination And Its Enforcement, Johan D. Van Der Vyver

ILSA Journal of International & Comparative Law

The right to self-determination of peoples, alongside the equality of nations, large and small, has been recognized as a basic norm of international law.