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International Law Commons

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2004

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Articles 601 - 630 of 834

Full-Text Articles in International Law

Opportunities And Obstacles - Screening The Eu Enlargement Process From A Gender Perspective, Silke Roth Jan 2004

Opportunities And Obstacles - Screening The Eu Enlargement Process From A Gender Perspective, Silke Roth

Loyola University Chicago International Law Review

No abstract provided.


Heartbreak In Darfur: When Does Genocide Become Genocide?, Konjit Gomar Jan 2004

Heartbreak In Darfur: When Does Genocide Become Genocide?, Konjit Gomar

Loyola University Chicago International Law Review

No abstract provided.


A Mirage In The Sand? Distinguishing Binding And Non-Binding Relations Between States, Christine M. Chinkin Jan 2004

A Mirage In The Sand? Distinguishing Binding And Non-Binding Relations Between States, Christine M. Chinkin

Book Chapters

The article discusses the two decisions (thus far) of the International Court of Justice in the case concerning Maritime Delimitation and Territorial Questions between Qatar and Bahrain, especially its consideration of when an internationally binding agreement has come into existence. The Court's willingness to infer a legally binding agreement, regardless of the intentions of at least one of the parties, appears to displace the primacy of consent it has emphasized in its earlier jurisprudence. The decision seems to hold states bound by informal commitments, an approach that might inhibit open negotiations between states and undermine genuine attempts to pre-empt disputes …


Copyright Non–Compliance (Or Why We Can’T “Just Say Yes” To Licensing)., Jessica D. Litman Jan 2004

Copyright Non–Compliance (Or Why We Can’T “Just Say Yes” To Licensing)., Jessica D. Litman

Book Chapters

I have complained more than once over the past few years that the copyright law is complicated, arcane, and counterintuitive; and that the upshot of that is that people don't believe that the copyright law says what it does say. People do seem to buy into copyright norms, but they don't translate those norms into the rules that the copyright statute does; they find it very hard to believe that there's really a law out there that says the stuff the copyright law says.


The Right To Health, Sarah Friedmann Jan 2004

The Right To Health, Sarah Friedmann

Human Rights & Human Welfare

In the human rights discourse and practice the right to health has been and continues to be a contentious arena. Primarily located within legal frameworks that focus on civil and political rights, the right to health is more frequently being used to challenge abuses of health by invoking social and economic rights, even though this places the right to health on slippery terrain that is not as internationally accepted as civil and political rights.


Access To Health, Natalie Huls Jan 2004

Access To Health, Natalie Huls

Human Rights & Human Welfare

Access to health is an often-overlooked aspect of the right to health. Without practical access, the right to health becomes an empty promise. International human rights conventions and declarations do not directly mention access to health, but the above comment on the International Covenant on Economic, Social, and Cultural Rights does address the issue.


The Bush Doctrine: Making Or Breaking Customary International Law?, Joel R. Paul Jan 2004

The Bush Doctrine: Making Or Breaking Customary International Law?, Joel R. Paul

Faculty Scholarship

No abstract provided.


Universal Jurisdiction: Steps Forward, Steps Back, Naomi Roht-Arriaza Jan 2004

Universal Jurisdiction: Steps Forward, Steps Back, Naomi Roht-Arriaza

Faculty Scholarship

No abstract provided.


Reparations Decisions And Dilemmas, Naomi Roht-Arriaza Jan 2004

Reparations Decisions And Dilemmas, Naomi Roht-Arriaza

Faculty Scholarship

No abstract provided.


Does Security Council Resolution 1503 That Calls For Referral Of Ictr And Icty Cases To National Jurisdictions (And Which Was Adopted, As Were The Icty And Ictr Statutes, Pursuant To Chapter 7 Of The Charter Of The United Nations, Expand The Jurisdiction Of These Nations Over The Relevant Crimes? If The Language Of The Resolution Is Inadequate, Can It Be Done By A More Explicit Security Council Resolution?, John T. Rotterman Jan 2004

Does Security Council Resolution 1503 That Calls For Referral Of Ictr And Icty Cases To National Jurisdictions (And Which Was Adopted, As Were The Icty And Ictr Statutes, Pursuant To Chapter 7 Of The Charter Of The United Nations, Expand The Jurisdiction Of These Nations Over The Relevant Crimes? If The Language Of The Resolution Is Inadequate, Can It Be Done By A More Explicit Security Council Resolution?, John T. Rotterman

War Crimes Memoranda

No abstract provided.


The World Trade Organization And Participatory Democracy: The Historical Evidence, Peter M. Gerhart Jan 2004

The World Trade Organization And Participatory Democracy: The Historical Evidence, Peter M. Gerhart

Faculty Publications

No abstract provided.


Book Review: Democratic Accountability And The Use Of Force In International Law, Obiora C. Okafor Jan 2004

Book Review: Democratic Accountability And The Use Of Force In International Law, Obiora C. Okafor

Articles & Book Chapters

No abstract provided.


International Decisions: Loewen Group, Inc. V. United States And Mondev International Ltd. V. United States, William S. Dodge Jan 2004

International Decisions: Loewen Group, Inc. V. United States And Mondev International Ltd. V. United States, William S. Dodge

Faculty Scholarship

No abstract provided.


Introduction: Brief Of Amici Curiae, William S. Dodge Jan 2004

Introduction: Brief Of Amici Curiae, William S. Dodge

UC Law SF International Law Review

No abstract provided.


Brief Of Professors Of Federal Jurisdiction And Legal History As Amici Curiae In Support Of Respondents, Nicholas W. Van Aelstyn, William S. Dodge Jan 2004

Brief Of Professors Of Federal Jurisdiction And Legal History As Amici Curiae In Support Of Respondents, Nicholas W. Van Aelstyn, William S. Dodge

UC Law SF International Law Review

No abstract provided.


Gollum, Meet Sméagol: A Schizophrenic Rumination On Mediator Values Beyond Self-Determination And Neutrality, James R. Coben Jan 2004

Gollum, Meet Sméagol: A Schizophrenic Rumination On Mediator Values Beyond Self-Determination And Neutrality, James R. Coben

Cardozo Journal of Conflict Resolution

Let me begin by declaring my biases. First, I am a dissatisfied consumer of mediation services, having represented both employment discrimination and family law clients in mediations. The mediators' rapid retreat to caucus, their tendency to incorrectly evaluate my clients' cases, and their strong push for particular settlement structures while simultaneously proclaiming process neutrality, all too frequently have left me (and my clients) disappointed and disillusioned. Second, I am a chronicler of "mediation car wrecks" - a voyeur, if you will, of those times when mediations go so badly that the parties end up disputing about them in court. Third, …


The Innovative German Approach To Consumer Debt Relief: Revolutionary Changes In German Law, And Surprising Lessons For The United States, 24 Nw. J. Int'l L. & Bus. 257 (2004), Jason Kilborn Jan 2004

The Innovative German Approach To Consumer Debt Relief: Revolutionary Changes In German Law, And Surprising Lessons For The United States, 24 Nw. J. Int'l L. & Bus. 257 (2004), Jason Kilborn

UIC Law Open Access Faculty Scholarship

No abstract provided.


Exemptions Under Article 79 Of The Vienna Sales Convention, Peter Winship Jan 2004

Exemptions Under Article 79 Of The Vienna Sales Convention, Peter Winship

Faculty Journal Articles and Book Chapters

No abstract provided.


Completing The Mandates Of The Ad Hoc International Criminal Tribunals: Lessons From The Nuremberg Process?, Daryl A. Mundis Jan 2004

Completing The Mandates Of The Ad Hoc International Criminal Tribunals: Lessons From The Nuremberg Process?, Daryl A. Mundis

Fordham International Law Journal

On September 2, 2004, the Prosecutor of the International Criminal Tribunal for the former Yugoslavia (“ICTY”) filed a formal request for the transfer of the Ademi & Norac case to Croatia, pursuant to Rule 11 bis of the ICTY Rules of Procedure and Evidence (“ICTY RPE”). With this filing, the Prosecutor took an important and positive step towards giving effect to the completion strategy of the ICTY. This Article will discuss the steps taken by the ICTY and its sister institution, the International Criminal Tribunal for Rwanda (“ICTR”), to fulfill their mandates by focusing only on the most senior perpetrators …


Dazzling The World: A Study Of India's Constitutional Amendment Mandating Reservations For Women On Rural Panchayats, Eileen Kaufman, Louise Harmon Jan 2004

Dazzling The World: A Study Of India's Constitutional Amendment Mandating Reservations For Women On Rural Panchayats, Eileen Kaufman, Louise Harmon

Scholarly Works

No abstract provided.


Introduction: Brief Of Amici Curiae, William S. Dodge Jan 2004

Introduction: Brief Of Amici Curiae, William S. Dodge

Faculty Scholarship

No abstract provided.


The Reagan Doctrine, The 2003 Invasion Of Iraq, And The Role Of A Sole Superpower, Anthony S. Winer Jan 2004

The Reagan Doctrine, The 2003 Invasion Of Iraq, And The Role Of A Sole Superpower, Anthony S. Winer

Faculty Scholarship

The particular focus of the comparison in this Essay is the relationship of the Reagan Doctrine and the Bush Doctrine to the international law on the use of force. This comparison will yield some tentative conclusions about the consequences of the United States serving, in some senses, as the world's sole superpower.


Defining Terrorism As The Peacetime Equivalent Of War Crimes: Problems And Prospects, Michael P. Scharf Jan 2004

Defining Terrorism As The Peacetime Equivalent Of War Crimes: Problems And Prospects, Michael P. Scharf

Faculty Publications

This article examines the proposal to define terrorism as the peacetime equivalent of war crimes in the context of answering two questions: First, why might it be useful to define terrorism by reference to the existing laws of war? And second, what are the potential negative consequences which might counsel against such an approach?


Vultures Or Vanguards: The Role Of Litigation In Sovereign Debt Restructuring Conference On Sovereign Debt Restructuring: The View From The Legal Academy, Jill E. Fisch, Caroline M. Gentile Jan 2004

Vultures Or Vanguards: The Role Of Litigation In Sovereign Debt Restructuring Conference On Sovereign Debt Restructuring: The View From The Legal Academy, Jill E. Fisch, Caroline M. Gentile

Faculty Scholarship

The market for sovereign debt differs from the market for corporate debt in several important ways including the risk of opportunistic default by sovereign debtors, the importance of political pressures, and the presence of international development organizations. Moreover, countries are subject to neither liquidation nor standardized processes of debt reorganization. Instead, negotiations between a sovereign debtor and its creditors lead to a voluntary restructuring of the sovereign's debt. One of the greatest difficulties in restructuring claims against sovereign debtors is balancing the interests of the majority of the creditors with those of minority creditors. Holdout creditors serve as a check …


The Varied Policies Of International Juridical Bodies- Reflections On Theory And Practice, John H. Jackson Jan 2004

The Varied Policies Of International Juridical Bodies- Reflections On Theory And Practice, John H. Jackson

Michigan Journal of International Law

It can be seen that "fragmentation" can have several dimensions, and that the difference between juridical approaches as well as legislative approaches to treaty or other norm stating documents can result not only from different institutional settings, but also from different policy goals assumed for differing dispute settlement systems.


The Hole In The Whole: Sovereignty, Shared Sovereignty, And International Law, Stephen D. Krasner Jan 2004

The Hole In The Whole: Sovereignty, Shared Sovereignty, And International Law, Stephen D. Krasner

Michigan Journal of International Law

Ideally, a body of law comprises a set of coherent and consistent rules. These rules contribute to the creation of an environment that is predictable, efficacious, and just. Most international lawyers hope, expect, or believe that such a body of law can exist for the international system. This is a fool's errand.


The Essentially Contested Nature Of The Concept Of Sovereignty: Implications For The Exercise By International Organizations Of Delegated Powers Of Government, Dan Sarooshi Jan 2004

The Essentially Contested Nature Of The Concept Of Sovereignty: Implications For The Exercise By International Organizations Of Delegated Powers Of Government, Dan Sarooshi

Michigan Journal of International Law

The relationship between the concept of sovereignty and international organizations is often posed as being problematic. The establishment and subsequent operations of international organizations are often characterized as involving the 'loss' of a State's sovereignty and as such have been viewed with suspicion, if not antagonism, by certain domestic commentators. The response in legal journals by supporters of international organizations has been too narrow, technical, and often simply reaffirms the fears of the domestic commentators by focusing on how the organization's exercise of powers constrains the State in the exercise of its powers. The approach adopted herein is different. It …


Fragmentation Of International Law And Establishing An Accountability Regime For International Organizations: The Role Of The Judiciary In Closing The Gap, Karel Wellens Jan 2004

Fragmentation Of International Law And Establishing An Accountability Regime For International Organizations: The Role Of The Judiciary In Closing The Gap, Karel Wellens

Michigan Journal of International Law

In the mid-nineties, the Editorial Board of the Netherlands Yearbook of International Law decided to select the diversity in secondary rules and the unity of international law as a topic to celebrate the Yearbook's twenty-fifth anniversary. The focus was on sources, responsibility, countermeasures, and dispute settlement, thus reflecting Hart's secondary rules of recognition, change, and adjudication.


Nations Without States: Political Communities In The Global Age, Montserrat Guibernau Jan 2004

Nations Without States: Political Communities In The Global Age, Montserrat Guibernau

Michigan Journal of International Law

The nation has become one of the most contested concepts of our times. The multifarious definitions of the nation focus on cultural, political, psychological, territorial, ethnic, and sociological principles according to different scholars, politicians, and political activists willing to shed some light into such a disputed term. Their lack of agreement suggests a major difficulty in dealing with such a complex phenomenon. The crux of the matter probably resides close to the link which has been established between nation and State, and to the common practice of using the nation as a source of political legitimacy. To be or not …


Diversity Or Cacophony? The Continuing Debate Over New Sources Of International Law, Kalypso Nicolaïdis, Joyce L. Tong Jan 2004

Diversity Or Cacophony? The Continuing Debate Over New Sources Of International Law, Kalypso Nicolaïdis, Joyce L. Tong

Michigan Journal of International Law

We have reached a point when lawyers' commissions are summoned to discuss the consequences of legal proliferation as an ill threatening the standing of international law through incompatibility or irrelevance. Should this trend towards fragmentation be reversed? Should we devise a legal non-proliferation treaty? Or should we, conversely, welcome the current diversification in the sources of law as reflecting the realities of today's world, as a reflection of the flexibility and adaptability of law when the norm of sovereignty on which it is based is itself undergoing considerable recalibration? In short: how should we deal theoretically as well as practically …