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Articles 511 - 540 of 834
Full-Text Articles in International Law
The Participation Of Afghan Women In The Reconstruction Process, Laura Grenfell
The Participation Of Afghan Women In The Reconstruction Process, Laura Grenfell
Human Rights Brief
No abstract provided.
Updates From The International Criminal Courts, Malissa Khumprakob, Tejal Jesrani, Mario Cava
Updates From The International Criminal Courts, Malissa Khumprakob, Tejal Jesrani, Mario Cava
Human Rights Brief
No abstract provided.
United Nations Update, Nicole Trudeau
Updates From The Regional Human Rights Systems, Tim Curry, Nerina Cevra, Jennifer Podkul
Updates From The Regional Human Rights Systems, Tim Curry, Nerina Cevra, Jennifer Podkul
Human Rights Brief
No abstract provided.
China's Wto Accession: Economic, Legal, And Political Implications, 27 B.C. Int'l & Comp. L. Rev. 319 (2004), Karen H. Cross
China's Wto Accession: Economic, Legal, And Political Implications, 27 B.C. Int'l & Comp. L. Rev. 319 (2004), Karen H. Cross
UIC Law Open Access Faculty Scholarship
This Article discusses the unparalleled economic, legal, and political change that has confronted China during WTO accession. The Article focuses on the relationship between China's unique WTO accession process and China's reform over the past two decades. The author suggests that WTO accession has acted as a lever for economic and legal reform by locking in reform and making it irrevocable. The Article begins with a historical background of China's long road to accession and the way that this process worked to further the previously instated economic reform program. Next, the Article analyzes the manner in which WTO accession has …
Forum Non Conveniens And The Foreign Forum: A Defense Perspective, C. Ryan Reetz, Pedro J. Martinez-Fraga
Forum Non Conveniens And The Foreign Forum: A Defense Perspective, C. Ryan Reetz, Pedro J. Martinez-Fraga
University of Miami Inter-American Law Review
No abstract provided.
Calming Troubled Waters For Cruise Ship Owners And Their Passengers: Carlisle V. Carnival Corp., Maggie O. Tsavaris
Calming Troubled Waters For Cruise Ship Owners And Their Passengers: Carlisle V. Carnival Corp., Maggie O. Tsavaris
University of Miami Inter-American Law Review
No abstract provided.
Flores V. Southern Peru Copper Corporation: The Second Circuit Closes The Courthouse Door On Environmental Claims Brought Under The Atca, Jason W. Brant
Flores V. Southern Peru Copper Corporation: The Second Circuit Closes The Courthouse Door On Environmental Claims Brought Under The Atca, Jason W. Brant
University of Miami Inter-American Law Review
No abstract provided.
The International Criminal Court: A New And Necessary Institution Meriting Continued International Support, Judge Philippe Kirsch
The International Criminal Court: A New And Necessary Institution Meriting Continued International Support, Judge Philippe Kirsch
Fordham International Law Journal
This Article highlights some of the key features of the ICC, and concludes by outlining the support it will need in striving to create a world in which devastating actions are properly addressed and punished. Part I of this Note describes the history of the ICC. Part II discusses the crimes within the Court's jurisdiction. Part III further discusses jurisdiction. Part IV reviews the procedure of the court. Part V concerns the current status of the Court.
Universal Jurisdiction In Abstentia, Ryan Rabinovitch
Universal Jurisdiction In Abstentia, Ryan Rabinovitch
Fordham International Law Journal
The purpose of this Article is to provide some clarification of universal jurisdiction in absentia. It begins with a brief overview of the state of international law on the issue, centering on the decision of the minority judges who treated it in the Arrest Warrant decision, and discuss the applicable principles of international law, international treaties, and custom. It then briefly examines whether allowing States to exercise universal jurisdiction in absentia is consistent with the historical and philosophical justifications for the existence of universal jurisdiction generally. The final section of the Article discusses the policy implications of such an exercise.
The Just War Tradition And Natural Law, Jean Bethke Elshtain
The Just War Tradition And Natural Law, Jean Bethke Elshtain
Fordham International Law Journal
This Essay is divided into three parts. First, it briefly discusses Augustine on the notion of a "naturalistic morality" implanted in human minds and hearts. Second, it traces the ways in which such notions as human nature figure in Augustinian and post-Augustinian arguments concerning war and peace. Third, it takes the measure of our current international crises and challenges from the perspective of human dignity the "naturalistic morality" Augustine addresses when he insists that there is, in fact, a nature we share, trails in its wake far-reaching ethical complications.
Building A Protective Wall Around Terrorists – How The International Court Of Justice's Ruling In The Legal Consequences Of The Construction Of A Wall In The Occupied Palestinian Territory Made The World Safer For Terrorists And More Dangerous For Member States Of The United Nations, Rebecca Kahan
Fordham International Law Journal
Part I of this Note will examine two recent actions in the war against international terrorism: the Israeli plan to build a separation barrier between Israel and the OPT, and the invasion of Afghanistan during Operation Enduring Freedom. Part II will discuss two important deviations by the ICJ from past interpretation of international law that were announced in the advisory proceedings against Israel: a new elucidation by the ICJ regarding principles of judicial propriety and a new analysis of the abilities of States to act in self-defense under Article 51 of the U.N. Charter. Part III will address the impact …
U.S.-Style Law School ("Law School") System In Korea: Mistake Or Accomplishment?, Hoyoon Nam
U.S.-Style Law School ("Law School") System In Korea: Mistake Or Accomplishment?, Hoyoon Nam
Fordham International Law Journal
This Note will examine Korea's efforts to transform its legal education system. Part I will explain the particularities of the legal profession in Korea and its current legal education system. Part II will discuss the proposed plan for the implementation of the Law School system in Korea and the arguments by the opposition with a brief comparison to Japan's efforts to reform its legal education system. Part III will then address the advantages and disadvantages of the proposed plan.
Dedication To Professor Valentine Korah, Roger J. Goebel
Dedication To Professor Valentine Korah, Roger J. Goebel
Fordham International Law Journal
This is a tribute (dedication) to Professor Korah for being a a leading academic in European Community competition law, together with the related fields of U.K. competition law and comparative/international antitrust.
Professor Valentine Korah: A Biographical Note, Joseph C. Sweeney
Professor Valentine Korah: A Biographical Note, Joseph C. Sweeney
Fordham International Law Journal
This is a biographical tribute to Professor Korah. All scholars researching in the area of European Union competition law have benefited greatly by her clear analyses of complex business problems.
A Tale Of Two Jurisdictions And An Orphan Case: Antitrust, Intellectual Property, And Refusals To Deal, Eleanor M. Fox
A Tale Of Two Jurisdictions And An Orphan Case: Antitrust, Intellectual Property, And Refusals To Deal, Eleanor M. Fox
Fordham International Law Journal
This Essay examines both the U.S. law and the EU law through the window of a recent U.S. case: New York Mercantile Exchange v. Intercontinental Exchange (“NYMEX”). The NYMEX facts are similar in concept to the facts in IMS but present a stronger case for liability. The Essay argues that the opinion in NYMEX, along with a growing set of U.S. cases, interprets Trinko to impose rigid requirements on a Section 2 plaintiff, not all of which are inherent in Trinko. It argues that the formalistic post-Trinko analysis, which would require dismissal of cases that do not fit within one …
The Logic & Limits Of The "Exceptional Circumstances Test" In Magill And Ims Health, Christian Ahlborn, David S. Evans, A. Jorge Padilla
The Logic & Limits Of The "Exceptional Circumstances Test" In Magill And Ims Health, Christian Ahlborn, David S. Evans, A. Jorge Padilla
Fordham International Law Journal
In this Article, we show that, in contrast to the Commission's balancing approach in Microsoft, the ECJ's narrow construction of the obligation to license IP under Article 82 of the EC Treaty is based on sound economics and constitutes appropriate public policy. The set of “exceptional circumstances” listed in Magill and IMS Health constitutes a reasonable implementation of the optimal legal standard for the assessment of refusals to licence IP: modified per se legality. In the IP context, an obligation to make property available is a requirement for compulsory licensing. The ECJ test limits compulsory licensing to those situations in …
Legal Professional Privilege And The Privilege Against Self-Incrimination In Ec Law: Recent Developments And Current Issues, Bo Vesterdorf
Legal Professional Privilege And The Privilege Against Self-Incrimination In Ec Law: Recent Developments And Current Issues, Bo Vesterdorf
Fordham International Law Journal
I will focus my contribution on two distinct limitations on the Commision's investigative rights in competition proceedings: (i)legal professional privilege ; and (ii) the privilege against self-incrimination. My intervention is divided into two sections. The first section describes the evolution of these two privileges and their current scope. The second section focuses on the issues raised by the application of legal professional privilege and the privilege against self-incrimination within the framework of Regulation No. 1/2003.
The "Friendly But Cautious" Reception Of International Law In The Jurisprudence Of The South African Constitutional Court: Some Critical Remarks, Erika De Wet
Fordham International Law Journal
As the title indicates, the purpose of this Article is to reflect on the manner in which the South African Constitutional Court has dealt with the application of international law during its first decade. It attempts to add a critical note to the overwhelmingly positive attention the Court has thus far received internationally. There is no doubt that the inspiration that the Court has thus far drawn from international (human rights) law is impressive, and in many ways exemplary. Nonetheless, there is still room for improvement, as the subsequent analysis reveals. In analyzing the Court's methodology, this article does not …
Bilateralism In Intellectual Property: Defeating The Wto System For Access To Medicines, Carlos M. Correa
Bilateralism In Intellectual Property: Defeating The Wto System For Access To Medicines, Carlos M. Correa
Case Western Reserve Journal of International Law
No abstract provided.
Cold War Triumph - Taiwan Democratized In Spite Of U.S. Efforts, Jim W. Ko
Cold War Triumph - Taiwan Democratized In Spite Of U.S. Efforts, Jim W. Ko
Case Western Reserve Journal of International Law
No abstract provided.
Securing The Future Of Intellectual Property: Intellectual Property Owners And Their Nodally Coordinated Enforcement Pyramid, Peter Drahos
Securing The Future Of Intellectual Property: Intellectual Property Owners And Their Nodally Coordinated Enforcement Pyramid, Peter Drahos
Case Western Reserve Journal of International Law
No abstract provided.
Targeted Killing As Active Self-Defense, Amos Guiora
Targeted Killing As Active Self-Defense, Amos Guiora
Case Western Reserve Journal of International Law
No abstract provided.
Terrorism - The Definitional Problem, Alex Schmid
Terrorism - The Definitional Problem, Alex Schmid
Case Western Reserve Journal of International Law
No abstract provided.
Beyond The Montreal Convention, John P. Grant
Beyond The Montreal Convention, John P. Grant
Case Western Reserve Journal of International Law
No abstract provided.
The Lockerbie Judgments: A Short Analysis, Julian B. Knowles
The Lockerbie Judgments: A Short Analysis, Julian B. Knowles
Case Western Reserve Journal of International Law
No abstract provided.
The Lockerbie Terrorist Attack And Libya: A Retrospective Analysis, Steve Emerson
The Lockerbie Terrorist Attack And Libya: A Retrospective Analysis, Steve Emerson
Case Western Reserve Journal of International Law
No abstract provided.
Bringing Suit Against A Foreign Sovereign, Robert C. Mirone
Bringing Suit Against A Foreign Sovereign, Robert C. Mirone
Case Western Reserve Journal of International Law
No abstract provided.
Terrorism On Trial: The Trials Of Al Qaeda, Andrew C. Mccarthy
Terrorism On Trial: The Trials Of Al Qaeda, Andrew C. Mccarthy
Case Western Reserve Journal of International Law
No abstract provided.
Water Now: The Impact Of Israel's Security Fence On Palestinian Water Rights And Agriculture In The West Bank, Andrew R. Malone
Water Now: The Impact Of Israel's Security Fence On Palestinian Water Rights And Agriculture In The West Bank, Andrew R. Malone
Case Western Reserve Journal of International Law
No abstract provided.