Open Access. Powered by Scholars. Published by Universities.®

International Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

2004

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 691 - 720 of 834

Full-Text Articles in International Law

Islamic Law And The International Protection Of Women's Rights:, Caroline E. Nicolai Jan 2004

Islamic Law And The International Protection Of Women's Rights:, Caroline E. Nicolai

Syracuse Journal of International Law and Commerce

Part I of this article develops Nigeria's history of political unrest and deeply divided Muslim and Christian population resulting in the recent emergence of religious governance by Shari'a Law. Part II describes current international law as well as Nigeria's international commitments under three specific treaties. The three treaties discussed are the Convention on the Elimination of all forms of Discrimination Against Women ("CEDA W"), the Optional Protocol to CEDA W ("The Protocol"), and the Convention Against Torture, and Other Cruel, Inhuman, or Degrading Treatment or Punishment ("CAT"). Part III details how Shari'a Law conflicts with Nigeria's commitments under the treaties …

Go to article

Iraq And The Future Of United States Foreign Policy : Failures Of Legitmacy, Henry H. Perritt Jr. Jan 2004

Iraq And The Future Of United States Foreign Policy : Failures Of Legitmacy, Henry H. Perritt Jr.

Syracuse Journal of International Law and Commerce

This article evaluates the political trusteeship in Iraq, and concludes that the United States failed to apply many lessons that the international community learned from preceding political trusteeships, and that the result is likely to be a serious unraveling of important, though intangible, sources of leverage for U. S. foreign policy and national security. The Iraq intervention has distracted attention from more important foreign policy objectives, including the urgent effort to understand the genesis of terrorism and to mobilize American resources to reduce the terrorist threat, while working through multilateral frameworks. Accomplishment of these is necessary for achieving important foreign …

Go to article

2003-2004 Survey Of International Law In The Second : Recognition Of Foreign Judgments, P. C. Kulp Jan 2004

2003-2004 Survey Of International Law In The Second : Recognition Of Foreign Judgments, P. C. Kulp

Syracuse Journal of International Law and Commerce

In Films By Jove, Inc. v. Berov, the United States District Court for the Eastern District of New York recognized the sovereignty and independence of the United States judiciary in the international arena. In its decision, the Court acknowledged the pervasive corruption in the Russian legal system and revealed an interest in protecting United States business interests. In disregarding the decision of the High Arbitrazh Court of the Russian Federation, Russia's court of last resort, the Court discounted international principles of comity. In doing so, the Court conveyed intolerance for corruption. Future opinions will therefore rely on this decision in …

Go to article

2003-2004 Survey Of International Law In The Second: Convention Against Torture, Pooja Sethi Jan 2004

2003-2004 Survey Of International Law In The Second: Convention Against Torture, Pooja Sethi

Syracuse Journal of International Law and Commerce

In Mu-Xing Wang v. John Ashcroft, the United States Court of Appeals for the Second Circuit announced that they had not set forth a test as to how the Board of Immigration Appeals should apply the facts to the relevant law in habeas review petitions. A specific test was not outlined, because the court decided that the Board of Immigration Appeals [hereinafter BIA] applied the facts properly to the law in Wang's Convention Against Torture claim. Furthermore, on the due process claim, in looking at whether Wang has been denied his due process rights under the Fifth Amendment of the …

Go to article

2003-2004 Survey Of International Law In The Second: Universal Jurisdiction, Swati Desai Jan 2004

2003-2004 Survey Of International Law In The Second: Universal Jurisdiction, Swati Desai

Syracuse Journal of International Law and Commerce

The debate over international jurisdiction has even extended to the United States, where the Second Circuit ruled that the United States, and specifically the State of New York, had jurisdiction over the 1993 World Trade Center attackers, and that jurisdiction did not arise under the principles of universal jurisdiction, but rather under the extraterritorial jurisdiction principle, the protective principle, the passive personality principle, and the objective territoriality principle of customary international law. This survey will cover only the international law implications of United States v. Yousef Facts and issues are limited to that subject matter. This case is a combination …

Go to article

On The Problem Of Utilizing Unilateral Action To Prevent Acts Of Sea Piracy And Terrorism: A Proactive Approach To The Evolution Of International Law, Leticia Diaz, Barry H. Dubner Jan 2004

On The Problem Of Utilizing Unilateral Action To Prevent Acts Of Sea Piracy And Terrorism: A Proactive Approach To The Evolution Of International Law, Leticia Diaz, Barry H. Dubner

Syracuse Journal of International Law and Commerce

The goal of this article is to determine how the international community can prevent piracy and terrorism. The irony is that perhaps piracy may subside at last, but only as a result of the increased efforts of the international community to prevent terrorism. The purpose of this article, therefore, is to explore the parameters of the problems and trends toward serious destruction connected to these acts and to suggest that if regional approaches fail, certain unilateral actions against the perpetrators may be necessary in order to avoid massive human and environmental destruction. The core question is whether unilateral action growing …

Go to article

The Legal Implications Of Living With Hiv/Aids In A Developing Country: The Afican Story, Florence Shu-Acquaye Jan 2004

The Legal Implications Of Living With Hiv/Aids In A Developing Country: The Afican Story, Florence Shu-Acquaye

Syracuse Journal of International Law and Commerce

This article looks at customary and statutory laws, such as polygamy, widow inheritance, and other cultural practices that have contributed to the entrenchment of the disease in Africa, particularly sub-Saharan Africa. 7 It also provides a discussion of the African dilemma with recommendations. The article further looks at how weak human rights laws are and how the stigmatization associated with HIV/AIDS has contributed to the multi-faceted and complex nature of this disease in Africa. Additionally, it evaluates the possibility of changing or amending some of the related existing laws by offering a checklist for policy makers and legislators. Finally, the …

Go to article

The Evolving Law On The Eurobank-Customer Relationship And The Common Law : The Need For Clarity, Edmund M. Kwaw Jan 2004

The Evolving Law On The Eurobank-Customer Relationship And The Common Law : The Need For Clarity, Edmund M. Kwaw

Syracuse Journal of International Law and Commerce

This article discusses the nature and operation of the euro-currency market and how the legal consequences of the euro-bank customer relationship are different from the domestic banker-customer relationship. It argues that there is a need for a redefinition of the common law on the banker-customer relationship.

Go to article

The Police Powers: A Pretext For Protectionism?, David M. Nelson Jan 2004

The Police Powers: A Pretext For Protectionism?, David M. Nelson

Syracuse Journal of International Law and Commerce

The first part of this note will define administrative and technical regulations and discuss recent trends toward these regulations in the European Community. The second part will concentrate on protectionism and analyze the negative effects of protectionism on consumers and producers. This part will set forth four arguments against protectionism. These four rationales can be divided into: (1) economic rationale; (2) retaliation rationale; (3) legitimacy of international law; and (4) purpose of the World Trade Organization (WTO). Part three will examine the current legal atmosphere surrounding health and safety regulations. This part will examine the Agreement on Sanitary and Phytosanitary …

Go to article

Preemption In The 21st Century: What Are The Legal Parameters?, Paul Williams, Scott Lyons, Tali Neuwirth Jan 2004

Preemption In The 21st Century: What Are The Legal Parameters?, Paul Williams, Scott Lyons, Tali Neuwirth

Scholarly Articles in Law Reviews & Journals

While there has been significant political discussion as to the utility and/or risks associated with the doctrine of preemption, the legal debate has to date been fairly limited. Few if any have sought to define the legal parameters of the doctrine. The purpose of this article is to help define the appropriate legal parameters for use of the doctrine. This article will first review the strategic rationale for preemption, and a detailed definition of the modern doctrine. This will be followed by a review of the United States’ government’s legal rationale and a review of the emerging legal debate before …

Go to article

Earned Sovereignty: Bridging The Gap Between Sovereignty And Self-Determination, Paul Williams Jan 2004

Earned Sovereignty: Bridging The Gap Between Sovereignty And Self-Determination, Paul Williams

Scholarly Articles in Law Reviews & Journals

In Bosnia, 250,000 civilians were killed and over one million displaced in a campaign of genocide carried out by Serbia in response to Bosnia's declaration of independence from the former Yugoslavia. ... Each case of earned sovereignty is characterized by an initial stage of shared sovereignty, whereby the state and substate entity may both exercise some sovereign authority and functions over a defined territory. ... Phased sovereignty entails the accumulation by the substate entity of increasing sovereign authority and functions over a specified period of time prior to the determination of final status. ... While Serbia and Montenegro, Northern Ireland, …

Go to article

The Place Of Court-Connected Mediation In A Democratic Justice System, Nancy A. Welsh Jan 2004

The Place Of Court-Connected Mediation In A Democratic Justice System, Nancy A. Welsh

Cardozo Journal of Conflict Resolution

This Article will consider mediation as just one innovation within the much larger evolution of the judicial system of the United States. First, this Article will outline how the values of democratic governance undergird our traditional picture of the American justice system, presumably because the invocation of such values helps the system to deliver something that will be respected by the nation's citizens as "justice." The Article will then highlight particular aspects of the changing picture of the American civil justice system to suggest that today's sprawling and multitiered structure is increasingly disengaged from its democratic roots. Finally, the Article …

Go to article

Romania, Bulgaria, The United States And The European Union: The Rules Of Empowerment At The Outskirts Of Europe, Dana Neacsu Jan 2004

Romania, Bulgaria, The United States And The European Union: The Rules Of Empowerment At The Outskirts Of Europe, Dana Neacsu

Law Faculty Publications

After the collapse of the Soviet Union, the United States came to Eastern Europe spreading the gospel of democracy and the American Rule of Law. In addition to encouraging Western ideology, the United States was there to forge new economic relationships and, following the terrorist attacks of September 11, 2001, to accelerate the creation of military alliances through membership in the North Atlantic Treaty Organization (NATO) and the newly-formed "coalition of the willing." Romania and Bulgaria, among other former Soviet satellites, welcomed the invitation. Romania and Bulgaria are small countries which share similar economic pressures as they attempt to emerge …

Go to article

Process And Substance In Wto Reform, James T. Gathii Jan 2004

Process And Substance In Wto Reform, James T. Gathii

Faculty Publications & Other Works

No abstract provided.

Go to article

Foreign And Other Economic Rights Upon Conquest And Under Occupation: Iraq In Comparative And Historical Context, James T. Gathii Jan 2004

Foreign And Other Economic Rights Upon Conquest And Under Occupation: Iraq In Comparative And Historical Context, James T. Gathii

Faculty Publications & Other Works

No abstract provided.

Go to article

Insulating Domestic Policy Through International Legal Minimalism: A Re-Characterization Of The Foreign Affairs Trade Doctrine, James T. Gathii Jan 2004

Insulating Domestic Policy Through International Legal Minimalism: A Re-Characterization Of The Foreign Affairs Trade Doctrine, James T. Gathii

Faculty Publications & Other Works

No abstract provided.

Go to article

Can Parties Tell Court What To Do? Expanded Judicial Review Of Arbitral Awards, Margaret L. Moses Jan 2004

Can Parties Tell Court What To Do? Expanded Judicial Review Of Arbitral Awards, Margaret L. Moses

Faculty Publications & Other Works

No abstract provided.

Go to article

Proceedings Of The 98th Asil Annual Meeting, Introductory Remarks, The Alien Tort Claims Act Under Attack, Mark A. Drumbl Jan 2004

Proceedings Of The 98th Asil Annual Meeting, Introductory Remarks, The Alien Tort Claims Act Under Attack, Mark A. Drumbl

Scholarly Articles

The Alien Tort Claims Act, or Alien Tort Statute, provides that the district courts shall have original jurisdiction over any private civil action by an alien for a tort only, committed in violation of the law of nations or a treaty of the United States. The act dates from 1789 (the First Congress). It essentially lay dormant until the 1980 decision by the Second Circuit in Filartiga v. Pena-Irala.

Go to article

Wings For Talons: The Case For Extraterritorial Jurisdiction Over Sexual Exploitation Of Children Through Cyberspace, Christopher L. Blakesley Jan 2004

Wings For Talons: The Case For Extraterritorial Jurisdiction Over Sexual Exploitation Of Children Through Cyberspace, Christopher L. Blakesley

Scholarly Works

To cope more effectively with the changed landscape of child exploitation, it is necessary for laws to expand their extraterritorial reach. Some statutes in the “child exploitation arena” have already been ruled to apply extraterritorially. The prime example of this is 18 U.S.C. § 2252 (2004) (certain activities relating to the material involving the sexual exploitation of minors). Two of the more useful statutes in combating online pedophiles are 18 U.S.C. § 1470 (2003) (transfer of obscene materials to minors) and 18 U.S.C. § 2422 (2003) (coercion and enticement). These latter statutes, however, have yet to receive significant or …

Go to article

Flores V. Southern Peru Copper Corporation: The Second Circuit Fails To Set A Threshold For Corporate Alien Tort Claim Act Liability, Lori D. Johnson Jan 2004

Flores V. Southern Peru Copper Corporation: The Second Circuit Fails To Set A Threshold For Corporate Alien Tort Claim Act Liability, Lori D. Johnson

Scholarly Works

In Flores v. Southern Peru Copper Corporation, the U.S. Court of Appeals, Second Circuit, re-examined its Alien Tort Claims Act (ATCA) jurisprudence and assumed that a private domestic company acting in its private capacity could be liable to Peruvian nationals under the ATCA for a wide range of torts under international law, including violations of rights to “life and health.” Previous cases and other Circuits held that only a handful of egregious crimes, when committed by a private individual or corporation, can justify private liability under the ATCA. Rather than abiding by these interpretations, however, the court examined in depth …

Go to article

Should The World Trade Organization Incorporate Labor And Environmental Standards, Chantal Thomas Jan 2004

Should The World Trade Organization Incorporate Labor And Environmental Standards, Chantal Thomas

Washington and Lee Law Review

No abstract provided.

Go to article

Egyptian Feminism: Trapped In The Identity Debate, Lama Abu-Odeh Jan 2004

Egyptian Feminism: Trapped In The Identity Debate, Lama Abu-Odeh

Georgetown Law Faculty Publications and Other Works

This Article argues that if we wish to account for the limited gains made in the area of family law reform in Egypt in the twentieth century, it is crucial to relate the debate on family law with another debate, one revolving around the identity of the Egyptian legal system. Whereas the dispute over family law reform forced decisions on gender and the family, the contest surrounding identity centered on the ongoing and agonized struggle by Egyptians to define the nature of their country's contemporary cultural identity. The question of identity was often framed as a debate over the "character" …

Go to article

War Everywhere: Rights, National Security Law, And The Law Of Armed Conflict In The Age Of Terror, Rosa Ehrenreich Brooks Jan 2004

War Everywhere: Rights, National Security Law, And The Law Of Armed Conflict In The Age Of Terror, Rosa Ehrenreich Brooks

Georgetown Law Faculty Publications and Other Works

Both international and domestic law take as a basic premise the notion that it is possible, important, and usually fairly straightforward to distinguish between war and peace, emergencies and normality, the foreign and the domestic, the external and the internal. From an international law perspective, the law of armed conflict is triggered only when a armed conflict actually exists; the rest of the time, other bodies of law are applicable. Domestically, U.S. courts have developed a constitutional and statutory jurisprudence that distinguishes between national security issues and domestic questions, with the courts subjecting government actions to far less scrutiny when …

Go to article

Constitutional Dialogue And Human Dignity: States And Transnational Constitutional Discourse, Vicki C. Jackson Jan 2004

Constitutional Dialogue And Human Dignity: States And Transnational Constitutional Discourse, Vicki C. Jackson

Georgetown Law Faculty Publications and Other Works

The U.S. Supreme Court has been slower than some other national courts to become familiar with and discuss, distinguish, or borrow from related constitutional approaches of other nations and systems. The growth in transnational judicial discourse, especially on constitutional issues relating to human rights, has been remarked by many. National courts in Argentina, Botswana, Canada, Germany, India, South Africa, and elsewhere not infrequently refer to the constitutional jurisprudence of other nations in resolving domestic constitutional questions. Although such references are not unheard of in the United States, transnational discourse involving national courts, supranational and international tribunals is still subject to …

Go to article

The Missing Word In Lawrence V. Texas, Ruthann Robson Jan 2004

The Missing Word In Lawrence V. Texas, Ruthann Robson

Cardozo Journal of Equal Rights & Social Justice

The article critiques the Supreme Court's decision in Lawrence v. Texas for omitting a crucial acknowledgment: an apology for the harm caused by its previous ruling in Bowers v. Hardwick. While Lawrence overturned the unconstitutional sodomy law, the Court's opinion neglected to address the profound suffering and discrimination endured by LGBTQ+ individuals due to *Bowers*. The author argues that an apology is essential to acknowledge the pain inflicted and to provide closure for those affected.

Go to article

Pros And Cons Ensuing From Fragmentation Of International Law, Gerhard Hafner Jan 2004

Pros And Cons Ensuing From Fragmentation Of International Law, Gerhard Hafner

Michigan Journal of International Law

The system of international law has become increasingly fragmented, particularly since the end of the Cold War. This paper intends to present the main features of this development and its implications.

Go to article

A Commentary To Montserrat Guibernau Nations Without States: Political Communities In The Global Age, Beatrice Tice, Jason Nelson Jan 2004

A Commentary To Montserrat Guibernau Nations Without States: Political Communities In The Global Age, Beatrice Tice, Jason Nelson

Michigan Journal of International Law

Commentary on Professor Montserrat Guibernau's Nations Without States: Political Communities in the Global Age

Go to article

Legal And Policy Constraints On The Conduct Of Aerial Precision Warfare, Nathan A. Canestaro Jan 2004

Legal And Policy Constraints On The Conduct Of Aerial Precision Warfare, Nathan A. Canestaro

Vanderbilt Journal of Transnational Law

Focusing his historical analysis on World War II, Mr. Canestaro describes how the substantial legal and policy controls under which the U.S. military conducts its air campaigns meet or exceed the requirements of international treaties and the customary practice of states. Bombing technology has only recently developed to the point of allowing compliance with international legal standards, and the United States has implemented stringent measures in recent conflicts to minimize unintended civilian casualties in warfare. Mr. Canestaro demonstrates that because these self-imposed restrictions go beyond the point of mere compliance, they often constitute a disadvantage to the conduct of U.S. …

Go to article

The Use Of Force And (The State Of) Necessity, Andreas Laursen Jan 2004

The Use Of Force And (The State Of) Necessity, Andreas Laursen

Vanderbilt Journal of Transnational Law

At the beginning of the twenty-first century, debates about international law and the use of force have gained new momentum. This is due to the armed conflicts in Kosovo, Afghanistan, and Iraq as well as the publication of two recent security strategies by the U.S. government. These strategies consider the possibility of preemptive use of force and have received considerable criticism from international law scholars. Professor Laursen asks whether the necessity excuse in international law allows for preemptive strikes of the sort envisioned by the U.S. security strategies. Following an examination of the status of the necessity excuse in international …

Go to article

Return To Europe? The Czech Republic And The Eu's Influence On Its Treatment Of Roma, Matthew D. Marden Jan 2004

Return To Europe? The Czech Republic And The Eu's Influence On Its Treatment Of Roma, Matthew D. Marden

Vanderbilt Journal of Transnational Law

The Czech Republic has faced much criticism in the past fifteen years for the treatment of its Romani minority community. The European Union has successfully applied informal, non-legal means of pressuring the Czech Republic into making some changes necessary to improve living conditions for Roma. With the Czech Republic's recent accession to the European Union, legal human rights institutions will likely play a larger role in ensuring that the Czech Republic continues to improve conditions for Czech Roma. The Author uses a case brought by a group of Roma at the European Court of Human Rights to demonstrate the potential …

Go to article

First Prev Next Last