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International Law Commons

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2004

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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 Jan 2004

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 Jan 2004

Updates From The International Criminal Courts, Malissa Khumprakob, Tejal Jesrani, Mario Cava

Human Rights Brief

No abstract provided.


United Nations Update, Nicole Trudeau Jan 2004

United Nations Update, Nicole Trudeau

Human Rights Brief

No abstract provided.


Updates From The Regional Human Rights Systems, Tim Curry, Nerina Cevra, Jennifer Podkul Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

Targeted Killing As Active Self-Defense, Amos Guiora

Case Western Reserve Journal of International Law

No abstract provided.


Terrorism - The Definitional Problem, Alex Schmid Jan 2004

Terrorism - The Definitional Problem, Alex Schmid

Case Western Reserve Journal of International Law

No abstract provided.


Beyond The Montreal Convention, John P. Grant Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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 Jan 2004

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.