International Law Commons^™

The War On Terror, Gwyn Prins, Stanley Heginbotham, John Cooley, Steven Van Evera, Jack Blum, Jonathan Schell

New England Journal of Public Policy

Presents comments (from the EPIIC Symposium at Tufts University, February 2004) concerning the war on terror; concern on the problem about terrorism; elaboration on the claim that the world is not in a global war on terror; and problems of the use and abuse of the word terrorism.

Educating Lawyers For Transnational Challenges–The Globalization Of Legal Regulation, Steven Freeland

Journal of Legal Education

No abstract provided.

Educating The Transnational Lawyer: An Integrated Approach, Efrén Rivera-Ramos

Journal of Legal Education

No abstract provided.

Teaching For Transnational Lawyering, Catherine J. Iorns Magallanes

Journal of Legal Education

No abstract provided.

Educating Lawyers For Transnational Challenges: The Challenge Of Islamic Law, Ali Ahmad

Journal of Legal Education

No abstract provided.

Is There A Curricular Core For The Transnational Lawyer?, Michael Bogdan

Journal of Legal Education

No abstract provided.

Extending Predation Analysis To Monopolist's Bundled Discounts Under Section 2: An Economic, Legal, And Comparative Perspective, Seth B. Chertok

ExpressO

In LePage’s v. 3M, the Third Circuit decided the first case at the federal appellate court level that dealt with the subject of bundled discounts by a monopolist under Section 2 of the Sherman Act in the period following the U.S. Supreme Court’s decision in Brooke Group Ltd. v. Brown & Williamson Tobacco Corporation. Prior to the decision in Brooke Group, the Third Circuit had only once before addressed this topic in Smithkline Corp. v. Eli Lilly and Company. Smithkline is only significant because it nearly suggested that any bundled discount, regardless of whether above or below cost, was anti-competitive. …

The Dual Purpose Of The American Jobs Creation Act Of 2004, Dennis J. Kokenos

ExpressO

The American Jobs Creation Act of 2004 claims to help bring offshore investments back to the United States. In reality, the AJCA does much more. The AJCA of 2004 makes adjustments to the U.S. tax code which helps bring the U.S. in line with existing international trade obligations as well as stimulating the U.S economy.

A Comparison Analysis Between The Standards Used In The Dneiper River Basin Clean-Up And European Union Legislation, Hannah H. Naumoff-Dulski

ExpressO

A recent case study involved the clean-up efforts of the Dnieper River Basin by three countries, Belarus, Russia, and Ukraine. The objective of the study was to provide a method for the identification, assessment, and prioritization of the most significant sources of pollution based on their impacts and characteristics. Herein, the standards employed in the Dnieper case study are comparatively analyzed against the relevant EU directives. The purpose in doing so was to determine if the standards employed in this project could serve as a benchmark for the necessary environmental regulations that would be required if these three countries were …

“The (Cisg) Road Less Travelled”: Case Comment On Grecon Dimter Inc. V. J.R. Normand Inc., Antonin I. Pribetic

ExpressO

At first glance, the Supreme Court of Canada's recent decision in GreCon Dimter Inc. v. J.R. Normand Inc. appears to be a case upholding the primacy of international commercial arbitration, choice of forum and choice of law clauses. Upon closer scrutiny, however, the Supreme Court of Canada failed to consider the application of the UN Convention on Contracts for the International Sale of Goods (CISG) to the overall dispute. Interestingly, the same choice of forum and choice of law clauses were considered by the United States Court of Appeals a year earlier in GreCon Dimter, Incorporated v. Horner Flooring Company, …

The Shari'a Factor In International Commercial Arbitration, Faisal M. Kutty

ExpressO

The world has witnessed a phenomenal growth in commercial disputes transcending national borders due to our increasingly interrelated and globalized world economy. In addition to issues in interpretation of commercial agreements and practices, differences in custom, language, culture and religion will continue to fuel conflicts and disagreements between commercial players. Over the last few decades there have been growing commercial interaction between Western companies and their Middle Eastern counterparts. Given this interaction and the great geo-political and economic importance of this region, it is imperative that Western lawyers and dispute resolution professionals have a reasonable grasp of the general principles …

Human Rights Claims Vs. The State: Is Sovereignty Really Eroding?, Chandra L. Sriram

ExpressO

It is often argued that the increase in agreements, specialized courts, and litigation protecting human rights or responding to past abuses of human rights has begun to erode sovereignty. Contrary to traditional principles of non-interference in internal affairs, it is argued, genuine protection of human rights involves an invasion of the sovereign preserve of the state. While many examples might be adduced in support of this claim, ranging from the ad hoc criminal tribunals for the former Yugoslavia and Rwanda to the European Court of Human Rights, this article examines two types of transnational procedures: civil accountability through the use …

David P. Forsythe On Non-State Actors And Human Rights. Edited By Philip Alston. Oxford, Uk: Oxford University Press, 2005. 350pp., David P. Forsythe

Human Rights & Human Welfare

No abstract provided.

Balancing Deterrence, Comity Considerations, And Judicial Efficiency: The Use Of The D.C. Circuit's Proximate Cause Standards For Determining Subject Matter Jurisdiction Over Extraterritorial Antitrust Cases, Stephanie Casy

American University Law Review

No abstract provided.

Lifting Our Veil Of Ignorance: Culture, Constitutionalism, And Women's Human Rights In Post-September 11 America, Catherine Powell

Georgetown Law Faculty Publications and Other Works

While we live in an Age of Rights, culture continues to be a major challenge to the human rights project. During the drafting of the Universal Declaration of Human Rights (UDHR) in the 1940s and during the Cold War era, the periodic disputes that erupted over civil and political rights in contrast to economic, social and cultural rights could be read either explicitly or implicitly as a cultural debate.

Gender has figured prominently in this perceived culture clash, for example, with the Bush administration's use of Afghan women as cultural icons in need of liberation--a claim that helped justify the …

Making Space Happen: Private Space Ventures And The Visionaries Behind Them / By Paula Berinstein., Diane Howard

Journal of Space Law

No abstract provided.

Splitting The Baby: An Analysis Of The Supreme Court's Take On Customary International Law Under The Alien Tort Statute In Sosa V. Alvarez-Machain, Brinton M. Wilkins

BYU Law Review

No abstract provided.

Recalibrating The War On Terror By Enhancing Development Practices In The Middle East, Kevin J. Fandl

ExpressO

This research paper suggests that the cart has been placed before the horse, that democratization and open markets in the Middle East are more likely the result of effective development than the catalyst for it. The war on terror has been justified by the United States as an effective means of reducing the possibility of terrorist attacks. This paper analyzes the validity of those justifications by reviewing the linkage between democracy and economic growth and that between democracy and peace.

The paper begins by hypothesizing that the war on terror and forced democratization of the Middle East are leading to …

Rosenstein V. State Of Israel, Edmond E. Levy, Mishael Cheshin, Elyakim Rubinstein

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

The United States filed a petition for the extradition of the Appellant, Ze’ev Rosenstein, for the purposes of prosecuting him for conspiracy to smuggle a dangerous drug to the United States and its distribution there. Following the Petition, the Attorney General submitted a motion to the District Court for a declaratory relief that he is extraditable. The District Court granted the motion and declared …

Jurisdictional Competition In The European Community, Seth B. Chertok

ExpressO

The main purpose of this article is to analyze how four company law cases (Daily Mail, Centros, Uberseering, and Inspire Art) in the European Community have expanded the Freedom of Establishment to potentially open the door to corporate jurisdictional competition in the European Community, similar to the sort that exists in the United States through the Delaware effect. However, in Europe, this type of jurisdictional competition has traditionally been thought of as undesirable, particularly in certain Member States such as Germany that have co-determination and minimum capital requirements. These Member States have continued to adhere to the real seat and …

Preparing For Cafta-Dr: The Need Of Commercial Law Reform In Central America, Omar E. Garcia-Bolivar

ExpressO

This article explores the policies, laws and institutions that may prevent Central American States from exploiting the opportunities provided by the CAFTA-DR. In that sense, we examine several of the legal factors that appear to be important in determining economic growth as they apply to the commercial legal conditions of Costa Rica, El Salvador, Guatemala, Honduras and Nicaragua.

A Tale Of Three Nations?: The Role Of United Nations Peacekeepers And Missions On The Concept Of Nation-State, Nationalism, And Ownership Of The State In Lebanon, The Democratic Republic Of The Congo, And Kosovo, Alexandra R. Harrington

ExpressO

The concept of nationalism of ideology and shared values has existed since Biblical times, and has only become more prominent in societal structure in the centuries which have followed . Many attempts to define what is and is not nationalism have been made throughout history, yet despite these attempts there is no perfect formula for what gives rise to nationalism or what makes a nation-state and how to create it. However, at its core a nation is made of people, and all nations, regardless of organization, ideology, or ethnicity, turn to law to control – if not shape – their …

Nov. 25, 2005, Unauthored (D. Hunter), Cso Specific Issues In Policy And Pss, Ifc

IFC E&S Performance Standards

No abstract provided.

Nov. 25, 2005 A. Durbin, Foe, D. Hunter, Ciel, Cover Letter Transmitting Cso Comments And Redline Edits, Andrea Durbin, David Hunter

IFC E&S Performance Standards

No abstract provided.

Nov. 23 2005, A. Durbin, Foe, And D. Hunter, Ciel, Cso Redline Of Draft Ps 6 Conservation, Ifc

IFC E&S Performance Standards

No abstract provided.

Nov. 23, 2005, A. Durbin, Foe And D. Hunter, Ciel, Cso Redline Edits Ps7 (Indigenous People), Ifc

IFC E&S Performance Standards

No abstract provided.

Nov. 23, 2005, A. Durbin, Foe, D. Hunter, Ciel, Cso Redline Edits Ps 3, Ifc

IFC E&S Performance Standards

No abstract provided.

Nov. 23, 2005, Iucn, Comments On Final Draft Ifc Policy And Standards, Iucn

IFC E&S Performance Standards

No abstract provided.

Nov. 23 2005, A. Durbin, Foe, And D. Hunter, Ciel, Cso Redline Of Draft E&S Policy, Ifc

IFC E&S Performance Standards

No abstract provided.

Nov. 23, 2005, A. Durbin, Foe, D. Hunter, Ciel, Cso Redline Ps 3, Ifc

IFC E&S Performance Standards

No abstract provided.