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2005

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Articles 31 - 60 of 922

Full-Text Articles in International Law

Nov. 23, 2005, A. Durbin, Foe, D. Hunter, Ciel, Cso Redline Ps 4, Ifc Nov 2005

Nov. 23, 2005, A. Durbin, Foe, D. Hunter, Ciel, Cso Redline Ps 4, Ifc

IFC E&S Performance Standards

No abstract provided.


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

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

IFC E&S Performance Standards

No abstract provided.


What Bush Wants To Hear, David Cole Nov 2005

What Bush Wants To Hear, David Cole

Georgetown Law Faculty Publications and Other Works

No abstract provided.


Transparency In Global Merger Review: A Limited Role For The Wto?, Keith R. Fisher Nov 2005

Transparency In Global Merger Review: A Limited Role For The Wto?, Keith R. Fisher

ExpressO

This article identifies certain problems faced by parties to transnational merger transactions in view of the global proliferation in recent years of competition (and, specifically, merger review) laws. After considering the pros and cons of merger remedies (both structural and behavioral) that may be offered to mitigate potentially anticompetitive effects and illustrating (through a case study of the GE/Honeywell transaction) the pitfalls of divergent market definition even as between two legal regimes employing substantially similar standards, the article reviews and critiques proposals for establishing a supranational competition authority under the aegis of the World Trade Organization. While rejecting the WTO …


Restorative Justice, Slavery And The American Soul, A Policy-Oriented Approach To The Question Of Slavery Reparations By The United States, Michael F. Blevins Nov 2005

Restorative Justice, Slavery And The American Soul, A Policy-Oriented Approach To The Question Of Slavery Reparations By The United States, Michael F. Blevins

ExpressO

This LL.M. Intercultural Human Rights thesis (May, 2005), awarded the best student paper prize for 2005 by the Institute of Policy Sciences at Yale University (in October, 2005), after analysing past and curent issues regarding the culture wars controversy of "reparations", proposes a specific process for establishing Truth and Reconciliation regarding the legacy of slavery in the United States. The proposal recommends commissions in each Federal judicial district under the supervision of a U.S. Slavery Justice and Reconciliation Commission (USSJRC), calling for "America's 21st Century Contract with Africa and African-Americans".


International Accountability Project November 7 2005, Dana Clark Nov 2005

International Accountability Project November 7 2005, Dana Clark

IFC E&S Performance Standards

No abstract provided.


Resurrection From Babel: The Cultural, Political, And Legal Status Of Christian Communities In Lebanon And Syria And Their Prospects For The Future, Alexandra R. Harrington Nov 2005

Resurrection From Babel: The Cultural, Political, And Legal Status Of Christian Communities In Lebanon And Syria And Their Prospects For The Future, Alexandra R. Harrington

ExpressO

In the well-known Biblical story, the faithful, attempting to create a place of unity for themselves, set about building the Tower of Babel, only to see the Tower implode due to linguistic differences and power assertions. Thousands of years later, the world is still plagued by sectarian strife and warfare. Indeed, the situation has only become more involved since Babel, as there are now inter-communal and intra-communal conflicts for supremacy and superiority – a notable difference in these conflicts is that the ultimate tool of getting to Heaven is no longer a tower, it is now a state. Within the …


Nov. 3. 2005, G. Armstrong, Background Note, Measuring Outcomes, For 2005 Strategic Advisors Mtg, Cao, G. Armstrong Nov 2005

Nov. 3. 2005, G. Armstrong, Background Note, Measuring Outcomes, For 2005 Strategic Advisors Mtg, Cao, G. Armstrong

CAO General 1999-Present

No abstract provided.


Nov 2005, Unauthored (D.Hunter) And Undated, Cso Comparison Of Final Ifc Polices Versus Old Policies, Ifc Nov 2005

Nov 2005, Unauthored (D.Hunter) And Undated, Cso Comparison Of Final Ifc Polices Versus Old Policies, Ifc

IFC E&S Performance Standards

No abstract provided.


Nov. 5, 2005, J. Kalafut, Bic, Cso Emails Re Comments Policy 1,3, &4, Jennifer Kalafut, Andrea Durbin Nov 2005

Nov. 5, 2005, J. Kalafut, Bic, Cso Emails Re Comments Policy 1,3, &4, Jennifer Kalafut, Andrea Durbin

IFC E&S Performance Standards

No abstract provided.


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

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

IFC E&S Performance Standards

No abstract provided.


Nov. 2005, Unauthored, Cso Comments On Ps 4 Community Health And Safety, Ifc Nov 2005

Nov. 2005, Unauthored, Cso Comments On Ps 4 Community Health And Safety, Ifc

IFC E&S Performance Standards

No abstract provided.


Nov. 2005, M. Miranda, Wwf, Cso Emails Re Ps6 Redline, Marta Miranda, Jon Sohn, Andrea Durbin, Fergus Mackay Nov 2005

Nov. 2005, M. Miranda, Wwf, Cso Emails Re Ps6 Redline, Marta Miranda, Jon Sohn, Andrea Durbin, Fergus Mackay

IFC E&S Performance Standards

No abstract provided.


Nov. 2005, Unauthored, Cso Comments On Ps 4 Community Health And Safety, Ifc Nov 2005

Nov. 2005, Unauthored, Cso Comments On Ps 4 Community Health And Safety, Ifc

IFC E&S Performance Standards

No abstract provided.


The Summer Has Ended And We Are Not Saved! Towards A Transformative Agenda For Africa's Development, Nsongurua J. Udombana Nov 2005

The Summer Has Ended And We Are Not Saved! Towards A Transformative Agenda For Africa's Development, Nsongurua J. Udombana

San Diego International Law Journal

This Article examines the promised debt relief and commends the G8 for taking the initiative to assist a continent in crisis. The Article, however, argues that debt relief is far from a complete cure, and that Sub-Saharan Africa (SSA) needs more than handouts from the G8 to overcome poverty. Debt relief is merely the end of the beginning; it is, at best, a gesture of support to Africa's effort at meeting human security, which the African Union (A.U.) defines as "the security of the individual in terms of satisfaction of his/her basic needs." Africa's problems are conspicuous, though their solutions …


The Human Face Of Resource Conflict: Property And Power In Nigeria, Karol C. Boudreaux Nov 2005

The Human Face Of Resource Conflict: Property And Power In Nigeria, Karol C. Boudreaux

San Diego International Law Journal

This paper considers possible answers to these difficult questions by focusing on two issues: the evolution of legal norms in response to both endogenous and exogenous changes, and the role that African customary law and indigenous dispute resolution has played in promoting coordination and cooperation among group members, thereby reducing violent conflict. This paper explores legislative actions taken by the Nigerian government that impede the continued evolution of these relatively elastic customary legal norms. Property norms under customary Nigerian law were flexible enough to provide a wide variety of property rights and allow for the peaceful trading and reasonable protection …


Conflicts Diamonds: U.S. Responsibility And Response, Edward R. Fluet Nov 2005

Conflicts Diamonds: U.S. Responsibility And Response, Edward R. Fluet

San Diego International Law Journal

This Article will examine U.S. and international efforts to combat the trade in conflict diamonds. Specifically, this article will detail their failures and examine the need for U.S. backed legislation to prevent the conflict diamond trade more effectively. This article proceeds as follows: Part I will examine the effect of the conflict diamond trade on those caught in the grip of civil war and terrorism. Part II will analyze international efforts to curtail conflict diamonds trade, specifically examining international support of the Kimberley Process. Part III and IV will examine the United States'efforts to regulate conflict diamonds and the inherent …


Saving Salvage: Avoiding Misguided Changes To Salvage And Finds Law, Christopher Z. Bordelon Nov 2005

Saving Salvage: Avoiding Misguided Changes To Salvage And Finds Law, Christopher Z. Bordelon

San Diego International Law Journal

In recent years, as technology permitting previously impossible underwater salvage operations has become available, ancient principles of the laws of salvage and of finds as applied to sunken ships have come under attack. Those who would limit or preclude the application of salvage and finds principles and the conduct of salvage operations in the context of shipwrecks have advocated changes in both the common law of admiralty and in related statutory law. They have also supported an international convention on the subject. Academic commentary favoring heightened preservation praises these developments and promotes further initiatives to protect the "underwater cultural heritage" …


The Emerging Presence Of Mexican Law In California Courts, Jorge A. Vargas Nov 2005

The Emerging Presence Of Mexican Law In California Courts, Jorge A. Vargas

San Diego International Law Journal

In a quick search for cases involving foreign law that have been decided by California courts over the last two years, the results were not surprising: 100 cases were governed by Mexican law, 57 by Canadian law, 29 by Japanese law, 28 by German law, and 12 by Chinese law. I would like to pose two ideas before this learned audience: first, that becoming familiar with foreign law is a practical, intriguing and beneficial exercise for California judges and for American judges at large. And second, that Mexican law represents an emerging and a very large component of foreign law …


Mara Salvatrucha (Ms-13) And Ley Anti Mara: El Salvador's Struggle To Reclaim Social Order, Juan J. Fogelbach Nov 2005

Mara Salvatrucha (Ms-13) And Ley Anti Mara: El Salvador's Struggle To Reclaim Social Order, Juan J. Fogelbach

San Diego International Law Journal

MS-13 poses a threat to both Salvadorians and Americans. It is a gang that must be cooperatively contained; it will not be controlled by a simplistic burden-shifting policy that leaves El Salvador, a developing country, to unilaterally deal with the problem. This paper will argue that: (1) the deportation of gang members, which results in the arbitrary deaths of thousands of innocent Salvadorians who have no legal recourse amounts to a grave violation of human rights; (2) deportation of gang members to a society where they are likely to be killed by vigilante death squads, or in prison fires and …


Foreword, Leslie A. Robinson Nov 2005

Foreword, Leslie A. Robinson

San Diego International Law Journal

The articles appearing in Volume 7 of San Diego International Law Journal span the globe and cover the breadth of international law. The concept of globalization offers a prism through which to view the articles in this issue. The first three articles are focused on Africa. Nsongurua Udombana eloquently addresses the need for both debt relief and the full integration of Africa into the global trading system. Karol Boudreaux analyzes the conflict over land rights in Nigeria's Plateau State under the Land Use Act of 1978, which nationalized all land in Nigeria. Edward Fluet discusses the impact of the trade …


Legislative And Policy Responses To Terrorism, A Global Perspective, Amos N. Guiora Nov 2005

Legislative And Policy Responses To Terrorism, A Global Perspective, Amos N. Guiora

San Diego International Law Journal

While Tuesday morning, September 11, 2001, would strike most Americans as the starting date for terrorism- at least as understood by a recently attacked America- the truth is very different both from the American and international perspective. The scope and intensity of the attack that Tuesday morning dramatically changed the American response to terrorism in the short-term and long-term. The change in America's response has impacted the American political debate, its way of life, and its legal and policy perspectives regarding terrorism and counter-terrorism alike. September 11 also had a global impact from an operational, intelligence-gathering, policy and legal perspective. …


Legal Ethics And The Separation Of Law And Morals, W. Bradley Wendel Nov 2005

Legal Ethics And The Separation Of Law And Morals, W. Bradley Wendel

Cornell Law Faculty Publications

This paper explores the jurisprudential question of the relationship between moral values and legal norms in legal advising and counseling in the context of an analysis of the so-called torture memos prepared by lawyers in the Office of Legal Counsel in 2002. The principal claim of the paper is that the torture memos are morally bankrupt because they are legally bankrupt. The lawyers' actions were wrong from a moral point of view because the lawyers failed with respect to their obligation to treat the law with respect, not simply as an inconvenient obstacle to be planned around. The morality of …


Introducing Discipline: Anthropology And Human Rights Administrations, Iris Jean-Klein, Annelise Riles Nov 2005

Introducing Discipline: Anthropology And Human Rights Administrations, Iris Jean-Klein, Annelise Riles

Cornell Law Faculty Publications

Anthropologists engage human rights administrations with an implicit promise that our discipline has something unique to offer. The articles in this special issue turn questions about relevance and care so often heard in the context of debates about human rights outside in. They focus not on how anthropology can contribute to human rights activities, but on what anthropological encounters with human rights contribute to the development of our discipline. They ask, how exactly do we render the subject relevant to anthropology? Reflecting on some ways anthropologists in this field have dispensed care for their subjects, the authors highlight two modalities …


Derrida's Ethical Turn And America: Looking Back From The Crossroads Of Global Terrorism And The Enlightenment, Michel Rosenfeld Nov 2005

Derrida's Ethical Turn And America: Looking Back From The Crossroads Of Global Terrorism And The Enlightenment, Michel Rosenfeld

Cardozo Law Review

No abstract provided.


Deconstruction's Legal Career, Jack M. Balkin Nov 2005

Deconstruction's Legal Career, Jack M. Balkin

Cardozo Law Review

No abstract provided.


Prolegomenon: Radical Patience: Deconstruction's Fall Into History, Anselm Haverkamp Nov 2005

Prolegomenon: Radical Patience: Deconstruction's Fall Into History, Anselm Haverkamp

Cardozo Law Review

No abstract provided.


Surviving Common Law: Silence And The Violence Internal To The Legal Sign, Peter D. Rush Nov 2005

Surviving Common Law: Silence And The Violence Internal To The Legal Sign, Peter D. Rush

Cardozo Law Review

No abstract provided.


J.D., Peter Goodrich Nov 2005

J.D., Peter Goodrich

Cardozo Law Review

No abstract provided.


Section 1782(A) After Intel: Reconciling Policy Considerations And A Proposed Framework To Extend Judicial Assistance To International Arbitral Tribunals, Daniel A. Losk Nov 2005

Section 1782(A) After Intel: Reconciling Policy Considerations And A Proposed Framework To Extend Judicial Assistance To International Arbitral Tribunals, Daniel A. Losk

Cardozo Law Review

No abstract provided.