International Law Commons^™

Feb 14, 2005, Agenda, Participiants For Mtg On Ifc And Human Rights, Ifc

IFC E&S Performance Standards

No abstract provided.

Western Institution Building: The War, Hayek’S Cosmos And The Wto, M. Ulric Killion

ExpressO

Despite the shortcomings of Hayek’s spontaneous order, there is a positive side, perhaps even a positive feedback. Hayek left us with a “what if” question and returns us to that initial opening of Pandora’s Box, or perhaps the initial onset of neo-realism, neo-liberalism, developmentalism, globalism, transnationalism and other concepts, precepts and adjectives justifying institution building by bargaining and military force. In terms of new world order, institution building by necessity requires fundamental changes in governmental structures in non-western cultures and nation-states such as China, Afghanistan and Iraq. Such changes are being prompted by means of political, economic and military powers …

Report Of The Independent Expert On The Protection Of Human Rights And Fundamental Freedoms While Countering Terrorism, Robert K. Goldman

Research Reports & White Papers

The Commission on Human Rights, in resolution 2004/87, decided to designate, from within existing resources, for a period of one year, an independent expert to assist the High Commissioner for Human Rights in the fulfillment of the mandate described in the resolution and, “taking fully into account the study requested in General Assembly resolution 58/187, as well as the discussions in the Assembly and the views of States thereon, to submit a report, through the High Commissioner, to the Commission at its sixty-first session on ways and means of strengthening the promotion and protection of human rights and fundamental freedoms …

World Trade Organization’S Identity Crisis: Institutional Legitimacy And Growth Potential In The Developing World, Jason Wiener

ExpressO

No abstract provided.

Feb.2005, Ifc, Consultation Advisory Note 6, Releases Indicative Draft And Draft Guidance Notes, David Cowan

IFC E&S Performance Standards

No abstract provided.

Establishing A Global Quarantine Against Weapons Of Mass Destruction, Derek D. Smith

ExpressO

The proliferation of weapons of mass destruction (WMD) is on the brink of developing into an epidemic, with the potential to spread to over a dozen nuclear-capable states. This article concludes that given the limitations of traditional arms controls frameworks, a global prohibition against WMD transfer may be the last viable line of defense. It discusses why this strategy is justified under the doctrine of self-defense, as well as how it can be implemented to create both a normative foundation and an appropriate institutional framework.

Two Critics Of Law: Benjamin And Kraus, Cornelia Vismann

Cardozo Law Review

No abstract provided.

Jan. 31, 2005, Ifc, Indicative Dft Of Ess Policy And Perf Standards, Ifc

IFC E&S Performance Standards

No abstract provided.

Jan. 31, 2005, Ifc, First Draft, Guidance Notes For Pss, Ifc

IFC E&S Performance Standards

No abstract provided.

Jan. 26, 2005, Bic, Stepping Back, Examples Of Weakened Standards In The Ifc, Ifc

IFC E&S Performance Standards

No abstract provided.

Procedural Incrementalism: A Model For International Bankruptcy, John A. E. Pottow

Law & Economics Working Papers Archive: 2003-2009

From Parmalat to Yukos, the pace of cross-border bankruptcy filings has been accelerating. Scholarly attention and policy reform have increasingly focused on the financial distress of enterprises with assets and creditors dispersed throughout multiple jurisdictions. Yet despite ongoing globalization and economic integration, insolvency law has remained stubbornly resistant to treaties and other international efforts to design some form of unified, global regime for resolving private financial defaults. Part of the reason progress remains so elusive is that two competing paradigms of international bankruptcy – universalism and territorialism – continue to divide academics and policymakers alike. Proposed treaties premised on one …

International Humanitarianism In The Contemporary World: Forms And Issues, David P. Forsythe

Human Rights & Human Welfare

© 2004 David P. Forsythe. All rights reserved.

This paper was commissioned by the U.S. Social Science Research Council and the United Nations University, for a research project on multilateralism starting Fall 2004.

The paper may not be quoted or referred to in any reference without the written permission of the author. Suggested revisions are welcomed by the author via his email address. This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission …

A Critical Evaluation Of The New Ec Financial-Market Regulation: Peaks, Troughs, And The Road Ahead, Emilios Avgouleas

Global Business & Development Law Journal

No abstract provided.

The Fed's New Model Of Supervision For "Large Complex Banking Organizations": Coordinated Risk-Based Supervision Of Financial Multinationals For International Financial Stability, Cynthia Crawford Lichtenstein

Global Business & Development Law Journal

No abstract provided.

Human Rights, Sovereignty And The Final Status Of Kosovo, Bartram Brown

All Faculty Scholarship

No abstract provided.

The Stewardship Council Model: A Comparison Of The Fsc And Msc, Xavier Pons Rafols, Luke Brander

ILSA Journal of International & Comparative Law

This paper aims to analyze the "Stewardship Council Model" through a comparison of the Forest Stewardship Council (hereinafter "FSC") and the Marine Stewardship Council (hereinafter "MSC").

Court-Connected Mediation Compared: The Case Of Argentina And The United States, Timothy K. Kuhner

ILSA Journal of International & Comparative Law

This article presents and compares data collected in Argentina and the United States during each country's initial experience with court-connected mediation.

Actores No Gubernamentales En La Gobernacion Y Derecho Internacional: Un Desafio O Una Bendicion, Joyeeta Gupta

ILSA Journal of International & Comparative Law

La globalizaci6n ha cambiado el modo que la sociedad discute los problemas comunes y globales.

Non-State Actors In International Governance And Law: A Challenge Or A Blessing, Joyeeta Gupta

ILSA Journal of International & Comparative Law

Globalization has changed the way global society addresses common and global problems.

Are Wto Violations Also Contrary To The Fair And Equitable Treatment Obligations In Investor Protection Agreements?, Charles Owen Verrill Jr.

ILSA Journal of International & Comparative Law

Bilateral investment treaties typically require the host state to ensure "fair and equitable" treatment to the investors of the other state.

A Brief History Of Lawyers Without Borders: Crossing Borders To Make A Difference, Houston Putnam Lowry

ILSA Journal of International & Comparative Law

Non-governmental organizations (NGOs) come in all shapes and sizes

Export And Import Of The Rule Of Law In The Global Era, Elizabeth Barad

ILSA Journal of International & Comparative Law

When an officer of the Kigali Bar Association in Rwanda said their members would like an e-commerce training, I was amazed.

Derecho De La Competencia Y Ejercico De Las Profesiones, Daniel Vazquez Albert

ILSA Journal of International & Comparative Law

El ejercicio de las profesiones se ha destacado tradicionalmente por hallarse sometido a una fuerte regulaci6n, caracterizada por contener severas restricciones a la competencia entre los profesionales.

Open Season: Recognition And Enforcement Of Foreign Judgements In Canada After Beals V. Saldanha, H. Scott Fairley

ILSA Journal of International & Comparative Law

At the end of last year, the Supreme Court of Canada handed down its decision in Beals v. Saldanha

The Use Of Non-Domestic Courts For Obtaining Domestic Relief: Jurisdictional Conflicts Between Nafta Tribunals And U.S. Courts?, Pieter H.F Bekker

ILSA Journal of International & Comparative Law

This contribution will examine whether or not there exist jurisdictional conflicts between international tribunals operating under the North American Free Trade Agreement (NAFTA) and the courts of the United States of America, one of the three NAFTA member states.

Can Legalism Be Exported? U.S. Rule Of Law Work In Arab Societies And Authoritarian Politics, David M. Mednicoff

ILSA Journal of International & Comparative Law

I am pleased to be part of this panel devoted to the Middle East and of this year's rich program at International Law Weekend.

Can Law Halt The Violence? Palestinian Suicide Bombings And Israeli "Targeted Assasinations" Under International Humanitarian Law, Donna E. Arzt

ILSA Journal of International & Comparative Law

My objective in this paper is not to use international law as another weapon in the conflict, as further fuel to fan the flames, as it's so often used in this conflict, but instead to use it as a message to both Palestinians and Israelis: Stop.

The Role Of Domestic Courts In The International Legal Order: A Tribute To Richard Falk, Janet Walker

ILSA Journal of International & Comparative Law

Forty years ago, when I was a child, the world was a different place. Tele- vision was a new invention:

Lagrand And Avena Establish A Right, But Is There A Remedy? Brief Comments On The Legal Effect Of Lagrand And Avena In The U.S, Malvina Halberstam

ILSA Journal of International & Comparative Law

The United States is obligated under international law to review and reconsider the conviction and sentence of persons who were not informed of their right to request that their Consul be notified of their arrest and to meet with him, as provided for by Article 36 of the Vienna Convention on Consular Relations.

Application Of Consular Rights To Foreign Nationals: Standard For Reversal Of A Criminal Conviction, John Quigley

ILSA Journal of International & Comparative Law

In nineteenth century criminal procedure in the United States, extradition treaties impacted the treatment of a person surrendered by a foreign state.