International Law Commons^™

China's Media: The Impact Of The Internet, Richard Cullen, D. W. Choy

San Diego International Law Journal

[T]his paper provides a review of how the use of the Internet has grown and been regulated in China. We then draw some conclusions on what the experience to date may have to tell us about future regulatory and usage patterns with respect to the Internet in China.

"When Caterpillars Kill": Holding U.S. Corporations Accountable For Knowingly Selling Equipment To Countries For The Commission Of Human Rights Abuses Abroad, Zaha Hassan

San Diego International Law Journal

With the recent trend towards holding corporations accountable for aiding and abetting human rights abuses abroad, this paper asks the question whether corporations should be held liable for knowingly facilitating human rights abuses abroad by selling equipment widely known to be used in such abuses. To this end, the case of Caterpillar sales to Israel will here be examined. Part II provides an overview of the history of the Alien Tort Claims Act (ATCA) and its applicability in United States courts. Part III gives an overview of how corporate liability for human rights abuses abroad developed under the ATCA. Part …

An Evaluation Of Current Legitimacy-Based Objections To Nafta's Chapter 11 Investment Dispute Resolution Process, Naveen Gurudevan

San Diego International Law Journal

The year 1994 saw the conclusion of a very important trilateral trade and investment treaty in North America: the North American Free Trade Agreement. Since then, this agreement has had a tremendous impact on the trading relations among the three signatory states-the United States, Canada, and Mexico. Of particular significance is Chapter 11, the Investment Chapter. One of the main objectives of Chapter 11 is to provide an effective means for the resolution of disputes between a foreign investor and the host government. To this end, it provides a mechanism whereby private parties can initiate arbitration proceedings against the host …

Sand Mining In Baja And Alta California, Harold Magistrale

San Diego International Law Journal

This Comment will examine some geologic, environmental, and legal aspects of the international sand trade. Looking at the state of sand mining in both countries will demonstrate that the United States and Mexico have parallel regulatory structures and similar environmental concerns and will show how municipal and state officials in Baja California are ale to piggyback their economic concerns onto environmental regulations. This Comment will also examine the sand trade issue for lessons applicable to cross border trade and suggest a certification mechanism that would allow continued sand exports while preserving environmental safeguards.

Child Labor: The Pakistani Effort To End A Scourge Upon Humanity - Is It Enough?, Aine Smith

San Diego International Law Journal

This Article will encompass the issues necessary to create such a report card. In the process of assessing Pakistan's efforts, this article will demonstrate that the measures taken in Pakistan are not sufficient to end bonded child labor. In addition, this comment proposes that the international community must expend more financial and legal resources to tackle the problem of child labor. Part II focuses on Pakistan's use of child labor. This includes a discussion of the history of child labor, the international rights being abrogated by child labor, the efforts implemented to combat child labor, and an evaluation of Pakistani …

The European Union “Software Patents” Directive: What Is It? Why Is It? Where Are We Now?, Robert Bray

Duke Law & Technology Review

This paper has been adapted from a presentation given by the author at Duke University School of Law's "Hot Topics in Intellectual Property Law Symposium" on April 1, 2005. It first presents an overview of the EU "Software Patents" Directive and many of the amendments that have been proposed and adopted. It then suggests a number of ways in which Europe can lead the world in developing a system that balances the interests of patent protection and open-source software.

Pluralizing International Criminal Justice, Mark A. Drumbl

Michigan Law Review

From Nuremberg to The Hague scours the institutions of international criminal justice in order to examine their legitimacy and effectiveness. This collection of essays is edited by Philippe Sands, an eminent authority on public international law and professor at University College London. The five essays derive from an equal number of public lectures held in London between April and June 2002. The essays - concise and in places informal - carefully avoid legalese and arcania. Taken together, they cover an impressive spectrum of issues. Read individually, however, each essay is ordered around one or two well-tailored themes, thereby ensuring analytic …

David P. Forsythe On The United States And The Rule Of Law In International Affairs By John F. Murphy. Cambridge: Cambridge University Press, 2004. 367pp., David P. Forsythe

Human Rights & Human Welfare

A review of:

The United States and the Rule of Law in International Affairs by John F. Murphy. Cambridge: Cambridge University Press, 2004. 367pp.

Tragedy Of The Scaffold, Tragedy Of The Trial: Tragedy, Representation Of The Public, Innermost Conviction, And Personal Judgments, Christian Biet

Cardozo Law Review

No abstract provided.

Apr. 29, 2005, Consultation Advisory No.7, Ann Pasco

IFC E&S Performance Standards

No abstract provided.

Apr. 29, 2005, Civil Society Matrix Analysis Of Ifc Draft Policy And Pss, Ifc

IFC E&S Performance Standards

No abstract provided.

Apr. 27, 2005, Ifc, Slides For Ces Strategy, Ifc

IFC E&S Performance Standards

No abstract provided.

Moving From Impunity To Accountability In Post-War Liberia: Possibilities, Cautions, And Challenges, Rena L. Scott

ExpressO

Liberia has become the quintessential example of an African failed state. Though Liberia’s civil war is officially over, war criminals are free and some are even helping run the transitional government under the authority of Liberia’s Comprehensive Peace Agreement (CPA). This peace agreement calls for the consideration of a general amnesty for those involved in the Liberian civil war alongside the parceling of governmental functions among members of various rebel groups. The drafters of the agreement claim that this was the only viable solution for sustainable peace in Liberia. Meanwhile, Charles Taylor relaxes in Nigeria’s resort city of Calabar. To …

Some, But Which? Filling In The Theoretical Gaps In Sosa V. Alvarez-Machain, Arthur Traldi

ExpressO

This Note lays out the development of the ATCA and of the jus gentium (law of nations) into contemporary customary international law, as well as the two existent paradigms of ATCA interpretation, and establishes that Sosa is inconsistent with either extreme position. Since the Court’s holding in Sosa is under-theorized, this Note crafts a reasonable middle ground between the two paradigms: holding all universal jurisdiction offenses (and those significantly analogous) civilly actionable under the ATCA. It then uses Yousef as well as the Princeton Principles to synthesize a test for universal justiciability. The resultant formula constitutes a middle ground consistent …

Exporting U.S. Anti-Terrorism Legislation And Policies To The International Law Arena, A Comparative Study: The Effect On Other Countries' Legal Systems, Olga Kallergi

Cornell Law School Inter-University Graduate Student Conference Papers

The terrorist attack on the World Trade Center in New York on 9/11 set in motion a new era all over the world: an era of a world uniting against a common enemy, but also an era of insecurity and fear. Laws have been changed worldwide, nations have united against a common threat, legal theories and beliefs of centuries have been questioned, and civil liberties have been replaced by a need for national safety. Has this worldwide effort worked? Is our world a better place now that we are all fighting the same enemy? Did we learn from our past …

Ngo Legitimacy: Reassessing Democracy, Accountability And Transparency, Rana Lehr-Lehnardt

Cornell Law School Inter-University Graduate Student Conference Papers

Non-governmental organizations have enjoyed an unprecedented amount of influence on national as well as international fronts for at least the last decade. A recent survey reveals educated Americans and Europeans trust NGOs more than they trust governments, corporations, and the media. As their power augments, NGOs have become increasingly skeptical and critical of the power held by the United Nations and by sovereign states. NGOs accuse these world powers of engaging in rule-making processes that are lacking in transparency, democracy, and accountability, thus lacking in legitimacy. Now, even as their power grows, NGOs are falling under this same criticism. Democracy, …

The Jurisprudential Foundation Of Law, Especially International Law: The Basis For True Progess & Reform, Morse Tan

ExpressO

This essay makes a unique case for the existence of justice, higher law and virtue by drawing on classic thinkers from both East and West. It asserts that no better jurisprudential foundation can be found. The need for this foundation emerges more clearly in the international context, but it applies to all legal systems.

After introducing the topic, explaining the relevance of this jurisprudence, responding to objections, and critiquing competing approaches, this essay presents pertinent sources from the East. Well-regarded in the East but less known to the West, writers such as Mencius, Tao, Hsuntze, and the Neo Confucianists from …

The People's Republic Of China's Corrupt Culture: Is The Prc's Arbitration Systems Exempt?, Mary Elizabeth Crawford

Masters Theses

The People's Republic of China (PRC) has struggled with corruption for decades. The PRC' s admission to the World Trade Organization (WTO) has brought some hope to curtail corruption, but this alone has not eliminated corruption within the PRC. One reason for the prevalence of corruption within the PRC is the intertwined relationship between the Chinese Communist Party and judicial and government officials. The purpose of this Masters thesis is to evaluate whether the relationship between Chinese governmental bodies and the PRC's arbitration systems makes Chinese arbitration systems susceptible to corruption.

This study examines the PRC's arbitration systems' close nexus …

The Customary International Law Game, Joel P. Trachtman, George Norman

ExpressO

Structural realists in political science and some rationalist legal scholars argue that customary international law cannot affect state behavior: that it is “epiphenomenal.” This article develops a game theoretic model of a multilateral prisoner’s dilemma in the customary international law context that shows that it is plausible that states would comply with customary international law under certain circumstances. Our model shows that these circumstances relate to: (i) the relative value of cooperation versus defection, (ii) the number of states effectively involved, (iii) the extent to which increasing the number of states involved increases the value of cooperation or the detriments …

A Comparative Analysis Of International Tribunals: The Formation Of An Iraqi Judiciary To Try Sadaam Hussein, Melissa L. Dougherty

ExpressO

Comparative Analysis of Tribunals regarding the formation of a Judiciary to try Sadaam Hussein. Several models are discussed: ICC, hybrid model, Rwanda model, and Yugoslav model. Interesting glimpse into the current state of the Iraqi Criminal Court.

Statecraft, Trade And The Order Of States, Dennis M. Patterson

ExpressO

No abstract provided.

Apr. 8, 2005, Pres. Wolfensohn, Ifc Strategic Directions- Implementation Update And Fy06-Fy08 Outlook, Ifc

IFC E&S Performance Standards

No abstract provided.

A Case Against Judicial Internationalism, Ernesto J. Sanchez

ExpressO

The United States Supreme Court has increasingly referred to specific foreign legal authorities and practices, as well as international conventions, in decisions involving purely domestic concerns. While the Court, to date, has only given such materials persuasive, and not binding, effect in such instances, a number of legislators and commentators in both the media and the legal academy have expressed concern over foreign and international law's increasing role in constitutional jurisprudence.

This article critiques what it defines as the Court's increasing internationalism - the use of foreign law and international conventions as persuasive authority in cases with little or no …

Modernization Of European Antitrust Enforcement: The Economics Of Regulatory Competition, Ben Depoorter, Francesco Parisi

George Mason University School of Law Working Papers Series

In this article we analyze the expected effects of regulatory overlap in European competition law resulting from Regulation 1/2003. Drawing upon recently developed economic theories of regulatory competition, our model foresees a number of qualitative adjustments resulting from this reform. On one hand, the direct applicability of the exemption provision should increase the overall amount of exemptions. On the other hand, a decentralized system permits private litigants' forum shopping, and parallel enforcement by multiple national competition authorities will drive up the number of infringement findings. Although the precise direction of substantive competition law is unclear, the overall effect is higher …

The New Deterrence: Crime And Policy In The Age Of Globalization, Patrick Keenan

ExpressO

Globalization has made it much easier for criminal activity to cross borders, but deterrence theory has not kept up with this changed reality. I draw insights from both law-and-economics and criminology literature to enrich our understanding of deterrence. I ground my theoretical discussion in the real-world problem of sex tourism as an example of the kind of unwanted activity that now crosses borders and has complicated our understanding of deterrence. I focus on two issues central to deterrence that have not gotten sufficient scholarly attention: the phenomenon of displacement and the role of status. I argue that informal sanctions, as …

Rasul V. Bush: Unanswered Questions, Randolph N. Jonakait

William & Mary Bill of Rights Journal

No abstract provided.

Cuban Creditors, American Debtors: Spreading Risk Allocation In A Communist State, Justin Kaplan

University of Miami Inter-American Law Review

No abstract provided.

War For Sale! Battlefield Contractors In Latin America & The 'Corporatization' Of America's War On Drugs, Kristen Mccallion

University of Miami Inter-American Law Review

No abstract provided.

Mexican Legal Dictionary And Desk Reference By Jorge A. Vargas, Keith S. Rosenn

University of Miami Inter-American Law Review

No abstract provided.

The Globalization Era And The Conflict Of Laws: What Europe Could Learn From The United States And Vice Versa, Milena Sterio

Law Faculty Articles and Essays

Europe has been under the increasing influence of European Union (E.U.) lawmakers, who have undertaken a harmonization movement attempting to somewhat unify member states' laws. The conflict of laws area has not escaped the harmonization movement and will become increasingly subject to Brussels's regulations and directives. Thus, traditional bilateral rules will have to adapt themselves in light of the new political reality in Europe.

Second, the conflicts field in general, be it in Europe or in the U.S., has been transformed under today's globalization trend. In other words, with the rise of international commerce, traditional private law conflicts are being …