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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
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
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.
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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.