International Law Commons^™

Evaluating Work: Enforcing Occupational Safety And Health Standards In The United States, Canada And Sweden, Daniel B. Klaff

ExpressO

The United States’ occupational safety and health enforcement system is breaking down. Klaff argues that much of this breakdown has to do with a fundamental lack of worker participation in the United States’ safety and health system. Klaff makes his case by comparing and contrasting the history and enforcement schemes of the United States, Canada, and Sweden. After arguing for economic rights as human rights, Klaff concludes by offering a set of recommendations for the United States’ occupational safety and health system based upon his value-centered analysis.

Aug. 2, 2004, Ifc, Comments Of Essd And Leg Relating To Safeguard Policy Revision, Ifc

IFC E&S Performance Standards

No abstract provided.

Criteria Of International Tax Policy, Herbert I. Lazerow

San Diego Law Review

Professor Joseph Sneed a generation ago developed seven macro-criteria for evaluating income tax changes. This Article asks whether those criteria are useful in the general field of international income tax. I conclude that Adequacy, Practicality, Equity, and Free Market Compatibility are important internationally, as is a new criterion, Balance-of-payments Enhancement, while the criteria of Reduced Economic Inequality, Stability and Political Order do not figure prominently in international tax.

A Deadly Dilemma: The Failure Of Nations' Organ Procurement Systems And Potential Reform Alternatives, Christy M. Watkins

ExpressO

All countries throughout the world vary in the way they procure organs, but they all have one thing in common: there is a fatal organ shortage because all the systems countries have imposed have failed. No procurement system in the world has been successful. Therefore, new procurement systems need to be implemented and tested, particularly financial incentives or a regulated organ market, to remedy these unnecessary and preventable deaths. This paper will explore the failures of current organ procurement systems as well as alternative reform systems. Part II provides a brief overview of the history of organ transplantation. Part III …

Jul. 14, 2004 Ifc, Memo To Code Board Re Safeguard Policy Rev., Ifc

IFC E&S Performance Standards

No abstract provided.

Preparing For The Challange Of Governance In International Economic Relations In The 21st Century: A Plea To The Indonesian Legal Profession, H. S. Kartadjoemena

Indonesian Journal of International Law

It is a common knowledge that globalization has connected the relations between states, organizations, economists, and also the interaction between them. This following article, as already stated on the title, is very influencing and challenging, and also at the same time pushing the jurists in Indonesia to involve in international forums on this 21th century. Although the role of jurists in Indonesia isless significant concerning the consequences of the weakness of legal system order in Indonesia, but they have to be prepare facing the issues as the concequences of globalization and the growing of international organizations, such as: WTO, ASEAN …

Sistem Perdagangan Multilateral Dalam Kerangka Wto Suatu Observasi Terhadap “Rule-Based System”, Adolf Warouw

Indonesian Journal of International Law

The multilateral trading system as it now applies is a rule-based system comprising a comprising a complex set of rules as articulated in various WTO agreements. The system is the ultimate choice for nations if they were establish trade relations among nations in a good order and to more enhance the stability and predictability and to better suit the interests of least developed and developing countries. The implementations of those rules have been more advantageous to developed countries, while the developing countries do not have the capability tto implement those rules. The concessions that have been given away do not …

Trips And Developing Countries, A. Zen Umar Purba

Indonesian Journal of International Law

The World Trade Organization Agreement is an International Legal Document which one of its main issues concerns the TRIPs (Trade Related Aspects of Intellectual Property Rights). TRIPs is an International Agreeent in the field of intellectual property rights which also plays a role in smoothing flow of global trade. The acceptances of TRIPs by the international community still needs further discussions especially in connection with developing countries as well as developed countries specifically those relevant to patents. This matter is mainly connected to technology, which basically is focused on the interests of developing countries, that is an obligation of transfer …

International Trade Indicators, 2003: Indonesia, Agus Brotosusilo

Indonesian Journal of International Law

Being obsessed by the desire and willingness to implement liberal economic system for more than thirty years under dictator leaders, the national regulations in Indonesia have led toward the liberalization on trade by its executive and legislative bodies. Those kind of actions are a prove that the government is not aware with the way of living of Indonesian people, which is based on spiritual values. There is a huge gap between the legal system order and regulations with the culture of Indonesian people, and it would lead to the growth of corruption, collusion, and nepotism (KKN) in many sectors of …

Persaingan Usaha Di Forum Wto Dan Perlunya Ketentuan Mengenai M&A, Djunari I. Waskito

Indonesian Journal of International Law

Two issues leading to the collapse of the 5th WTO ministerial meeting in Cancun, Mexico, are agricultural issue and Singapore Issues. There are four sub-issues on Singapore Issues, which are Trade and Competition Policy, Trade and Investment, Transparency on Government Procurement and Trace Facilitation. The issues on competition policy are some ambiguities such as the coverage of hardcore cartel provisions and the differences on the articles or business practices which can be considered as rule of reason. The most crucial on handling competition case is analyzing relevant market consisting product market and geographical market. Related to the Indonesian competition law, …

In The Minds Of Men: A Theory Of Compliance With The Laws Of War, William C. Bradford

ExpressO

Whether, and, if so, why states elect to comply with international law are now the most central questions within the international legal academy. A skein of theories has been woven over the last decade to explain and predict state compliance, and a number of factors, including, inter alia, a desire to generate reciprocity, an interest in reducing transaction costs, normative commitments, domestic considerations, the degree of domestic incorporation of international legal regimes, reputational concerns, and fear of punishment, are purported to be causally linked.

However, as the study of international legal compliance ["ILC"] has matured, intramural divisions have been compounded …

Trumpeting Justice: The Implications Of U.S. Law And Policy For The International Rendition Of Terrorists From Failed Or Uncooperative States, Matthew A. Slater

University of Miami International and Comparative Law Review

No abstract provided.

The International Criminal Court And The Concept Of Mens Rea In International Criminal Law, Johan D. Van Der Vyver

University of Miami International and Comparative Law Review

No abstract provided.

From A State-Centered Approach To Transnational Openness: Adapting The Hague Convention With Contemporary Human Rights Standards As Codified In The Convention Of The Rights Of The Child, Allison M. Scott

Indiana Journal of Global Legal Studies

No abstract provided.

The Parameters Of Internal Armed Conflict In International Humanitarian Law, Anthony Cullen

University of Miami International and Comparative Law Review

No abstract provided.

Yuval Shany, The Competing Jurisdictions Of International Courts And Tribunals (Philllipe Sands Et Al. Eds.2003) 348 Pp., Candice Whyte

University of Miami International and Comparative Law Review

No abstract provided.

Universal Jurisdiction And The Concept Of A Fair Trial: Prosecutor V. Fulgence Niyonteze: A Swiss Military Tribunal Case Study, Joshua E. Kastenberg

University of Miami International and Comparative Law Review

No abstract provided.

Anatomy Of A Bit: The United States - Honduras Bilateral Investment Treaty, J. Steven Jarreau

University of Miami Inter-American Law Review

No abstract provided.

Book Review: Law And Colonial Cultures: Legal Regimes In World History, 1400-1900, Sam F. Halabi

Faculty Publications

Challenging scholars of both colonial history and globalization, Lauren Benton's Law and Colonial Cultures argues that state-centered legal orders emerged as a result of the presence of colonial powers, both European and non-European. She describes how the colonial state developed through jurisdictional conflicts between native judicial systems and colonial legal systems.

Using "Norms" To Change International Law: Un Human Rights Laws Sneaking In Through The Back Door, Troy A. Rule

Faculty Publications

For decades, multinational businesses have self-regulated their operations with respect to human rights, largely unfettered by international law. In recent years, however, human rights groups have advocated that the United Nations (“UN”) create clear legal obligations for multinationals respecting their human rights-related conduct. At least partly due to the substantial burden such obligations could place on international businesses, these efforts by human rights proponents have proven largely fruitless--until now.On August 13, 2003, the UN Sub-commission on the Promotion and Protection of Human Rights adopted the Norms on the Responsibilities of Transnational Corporations and Other Business Enterprises with Regard to Human …

Toward Global Democracy: Thoughts In Response To The Rising Tide Of Nation-To-Nation Interdependencies, Hassan El Menyawi

Indiana Journal of Global Legal Studies

No abstract provided.

A World Of Passions: How To Think About Globalization Now, Jedediah Purdy

Indiana Journal of Global Legal Studies

No abstract provided.

Partition Of Failed States: Impediments And Impulses, Thomas D. Grant

Indiana Journal of Global Legal Studies

No abstract provided.

For-Profit Education Service Providers In Primary And Secondary Schooling: The Drive For And Consequences Of Global Expansion, Amy M. Steketee

Indiana Journal of Global Legal Studies

No abstract provided.

Localizing Intellectual Property In The Globalization Epoch: The Integration Of Indigenous Knowledge, Chidi Oguamanam

Indiana Journal of Global Legal Studies

No abstract provided.

Building The Northeast Asian Community, Byung-Woon Lyou

Indiana Journal of Global Legal Studies

No abstract provided.

Corporate Social Responsibility And Sustainable Development: The European Union Initiative As A Case Study, Kristina K. Herrmann

Indiana Journal of Global Legal Studies

No abstract provided.

The Right To A Fair Trial: Balancing Safety And Civil Liberties, Ana D. Bostan

Cardozo Journal of International and Comparative Law

The article argues that the right to a fair trial, as enshrined in the International Covenant on Civil and Political Rights (ICCPR), is non-derogable even in emergency situations, and that post-9/11 measures such as the U.S. military commissions and the U.K.'s anti-terrorism laws violate these standards. It contends that the existing ICCPR framework is sufficient to address terrorism while preserving human rights and that derogation from fair trial guarantees undermines the rule of law and international cooperation.

Reading Quicksilver: A Response To Pierre D'Argent, David A. Westbrook

Buffalo Law Review

No abstract provided.

Which Law Through Which War? Law Through War Revisited, Pierre D'Argent

Buffalo Law Review

No abstract provided.