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Articles 331 - 360 of 922
Full-Text Articles in International Law
Current Issues In Extraterritoriality: How Long Is The Long Arm Jurisdiction Of International Human Rights Bodies?, Christina M. Cerna
Current Issues In Extraterritoriality: How Long Is The Long Arm Jurisdiction Of International Human Rights Bodies?, Christina M. Cerna
ILSA Journal of International & Comparative Law
One line of cases involving extraterritoriality revolves around the issue of effective control over persons as a result of military occupation and also involves jurisdictional issues.
The Extraterritorial Application Of Antitrust Laws, Caterina Ventura
The Extraterritorial Application Of Antitrust Laws, Caterina Ventura
ILSA Journal of International & Comparative Law
Chief Justice Marshall articulated this fundamental canon of U.S. statutory construction, reflective of customary international law, in 1804 in Murray v. Schooner Charming Betsy, an admiralty case commonly referred to as the "Charming Betsy" case.
A Bill Of Rights For The European Union, Elizabeth F. Defeis
A Bill Of Rights For The European Union, Elizabeth F. Defeis
ILSA Journal of International & Comparative Law
The inclusion of the Charter of Fundamental Rights' in the Draft Treaty Establishing a Constitution for Europe 2 has a curious history that in some ways is similar to the history of the Bill of Rights of the United States Constitution.
U.S. Membership In Unclos: What Effects For The Marine Environment?, Howard S. Schiffman
U.S. Membership In Unclos: What Effects For The Marine Environment?, Howard S. Schiffman
ILSA Journal of International & Comparative Law
The issue of whether or not the U.S. should ratify the United Nations Convention on the Law of the Sea (UNCLOS or the Convention)' has been debated since the treaty was concluded in 1982.
The Lugano Case In The European Court Of Justice: Evolving European Union Competence In Private International Law, Ronald A. Brand
The Lugano Case In The European Court Of Justice: Evolving European Union Competence In Private International Law, Ronald A. Brand
ILSA Journal of International & Comparative Law
On October 19, 2004, the European Court of Justice held its first en banc hearing since the 2004 enlargement to twenty-five Member States.
The Applicability Of International Human Rights Law To The Coalition Provisional Authority (Cpa) And Foreign Military Presence In Iraq, Ralph Wilde
ILSA Journal of International & Comparative Law
When the prisoner abuse scandal in Abu Ghraib prison in Baghdad, Iraq, broke in the Spring of 2004, Lord Lester, a British Parliamentarian, submitted a written parliamentary question to the U.K. government asking the following: [W]hether the Coalition Provisional Authority or the Coalition Forces are required by law to respect the fundamental human rights of Iraqi people, as defined in the bill of rights contained in the transitional administrative law for Iraq or otherwise; and if not, what recourse is available to the people of Iraq for breaches of those rights by the Authority or the forces.
Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law
Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law
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.
Narratives Of International Law And Literature After 9/11, Gary Minda
Narratives Of International Law And Literature After 9/11, Gary Minda
ILSA Journal of International & Comparative Law
What is the connection between international law and literature-the subject of this meeting?
The Evolution Of The European Legal System: The European Court Of Justice's Role In The Harmonization Of Laws, Yvonne N. Gierczyk
The Evolution Of The European Legal System: The European Court Of Justice's Role In The Harmonization Of Laws, Yvonne N. Gierczyk
ILSA Journal of International & Comparative Law
After the dust settled from World War II, Winston Churchill declared the need for Europe to integrate economically and politically.
Victims Of Peace: Current Abuse Allegations Against U.N. Peacekeepers And The Role Of Law In Preventing Them In The Future, Alexandra R. Harrington
Victims Of Peace: Current Abuse Allegations Against U.N. Peacekeepers And The Role Of Law In Preventing Them In The Future, Alexandra R. Harrington
ILSA Journal of International & Comparative Law
Peacekeepers, and peacekeeping, have had a special place in society since the time of the Bible,' and indeed have taken on a new, international dimension since the end of World War II and the creation of the United Nations (U.N.).
Closing The Gaps In United States Law And Implementing The Rome Statute: A Comparative Approach, Michael P. Hatchell
Closing The Gaps In United States Law And Implementing The Rome Statute: A Comparative Approach, Michael P. Hatchell
ILSA Journal of International & Comparative Law
This paper provides a comparative framework to analyze the extent to which five major democracies Canada, United Kingdom, Australia, Germany, and France-incorporated the subject matter jurisdiction Articles of the Rome Statute of the International Criminal Court ("Rome Statute") through their domestic legislative processes while ratifying the Rome Statute, and what, if anything, the United States can interpret from the five distinct approaches.
The Syracuse Conference On A World Rule Of Law: American Perspectives An Introduction, Malcolm M. Feeley
The Syracuse Conference On A World Rule Of Law: American Perspectives An Introduction, Malcolm M. Feeley
Syracuse Journal of International Law and Commerce
The working group was charged with exploring virtually all facets of democracy and the rule of law, as they pertain to established constitutional democracies, societies undergoing "transitions to constitutional democracies," and those societies where democracy remains little more than a hopeful wish. Papers and much of the discussion during the two days probed beneath the structural formalities that are obvious and important requisites of democracy, to explore the subtexts of and cultural conditions for democracy and the rule of law, those features that may be so taken-for-granted that they usually go unacknowledged, let alone unexplored in discussion of democratic theory. …
The Oas And Constitutionalism: Lessons From Recent West African Experience, Stephen J. Schnably
The Oas And Constitutionalism: Lessons From Recent West African Experience, Stephen J. Schnably
Syracuse Journal of International Law and Commerce
The Inter-American Democratic Charter commits the OAS to respond to "an unconstitutional alteration of the constitutional regime that seriously impairs the democratic order in a member state." The Declaration of Florida envisions the possibility of an OAS mechanism to "address[] situations that might affect the workings of the political process of democratic institutions or the legitimate exercise of power." Other organizations have similar commitments. MERCOSUR, a free trade association among several South American nations, agreed in 1996 to respond to any "interruption in the democratic order" of its members or associates. The Organization of African Unity formally bound itself in …
Reflecting On The Rule Of Law, Its Reciprocal Relation With Rights, Legitimacy And Other Concepts And Institutions, Samuel J.M. Donnelly
Reflecting On The Rule Of Law, Its Reciprocal Relation With Rights, Legitimacy And Other Concepts And Institutions, Samuel J.M. Donnelly
Syracuse Journal of International Law and Commerce
When bringing social science to the study of law, understanding the role of law in the process of social change is central. The great American example of social change influenced by law begins, of course, with the end of our Civil War, the freeing of the slaves, and continues through the establishment of segregation, the attacks upon it, desegregation and the development of affirmative action. May I suggest that another very important sequence of legal and social changes is the development and recognition of human rights in the European Union since · World War 11. In the first part of …
Pluralizing International Criminal Justice, Mark A. Drumbl
Pluralizing International Criminal Justice, Mark A. Drumbl
Scholarly Articles
This Review Essay of Philippe Sands' (ed.) From Nuremberg to the Hague (2003) explores a number of controversial aspects of the theory and praxis of international criminal law. The Review Essay traces the extant heuristic of international criminal justice institutions to Nuremberg and posits that the Nuremberg experience suggests the need for modesty about what criminal justice actually can accomplish in the wake of mass atrocity. It also explores the place of one person's guilt among organic crime, the reality that international criminal law may gloss over criminogenic conditions in its pursuit of individualized accountability, the possibility of group sanction …
Guantanamo, Rasul, And The Twilight Of Law, Mark A. Drumbl
Guantanamo, Rasul, And The Twilight Of Law, Mark A. Drumbl
Scholarly Articles
In Rasul v. Bush, the Supreme Court held that U.S. district courts have jurisdiction to consider challenges to the legality of the detention of foreign nationals captured abroad in connection with hostilities and incarcerated at Guantanamo Bay. In this paper, I explore what has happened since the Rasul decision: most notably, the introduction of combatant status review tribunals as a response to Rasul and the challenges that have been filed thereto and adjudicated in the federal courts (Khalid, In re Guantanamo Detainee Cases); the charges brought against certain detainees by military commissions and challenges to these commissions filed in the …
American Society And The Rule Of Law, Philip Selznick
American Society And The Rule Of Law, Philip Selznick
Syracuse Journal of International Law and Commerce
I am here to bring some thoughts about my own country's experience in trying to understand the meaning of the rule of law and to make good on its promise. I will have to take up some issues in jurisprudence, and also some aspects of American legal history. I do not apologize for combining jurisprudence and sociology of law, for that combination faithfully reflects what we are trying to achieve in the Jurisprudence and Social Policy Program (JSP) in the Boalt School of Law at the University of California, Berkeley. I begin with some comments on the meaning of the …
Community And Democracy: Syracuse Reflections, Richard E.D. Schwartz
Community And Democracy: Syracuse Reflections, Richard E.D. Schwartz
Syracuse Journal of International Law and Commerce
How does the American experience with democracy contribute to our understanding of the prospects for, and paths to, democracy worldwide?" Another half of the papers prepared for the Conference deal with the experience of other countries, many of them moving toward rule-of-law democracy. Taken together, they represent a sample of our present knowledge-and they suggest new directions for future research. Communities with certain qualities contribute to the development and sustaining of democracy. The qualities to which I refer include: mutual respect across lines of division and the creative composition of differences. At Syracuse, we saw two kinds of community: local …
The Contribution Of Brown V. Board Of Education To Law And Democratic Development, Charles V. Willie
The Contribution Of Brown V. Board Of Education To Law And Democratic Development, Charles V. Willie
Syracuse Journal of International Law and Commerce
This article on law and democratic development will focus on Brown v. Board of Education. We celebrated the fiftieth anniversary of Brown I in the year 2004 and we celebrated the fiftieth anniversary of Brown II in the year 2005. I know that Brown is an important event on which to anchor an analysis of law and democratic development because of a conference I attended in April 2004, in South Africa. The conference was sponsored by the University of Pretoria and was staged for the purpose of celebrating the tenth anniversary of South Africa as a democracy and the fiftieth …
Franklin D. Roosevelt's Psychological Contribution To The United Nations, Richard E. D. Schwartz
Franklin D. Roosevelt's Psychological Contribution To The United Nations, Richard E. D. Schwartz
Syracuse Journal of International Law and Commerce
FDR promoted U.S. participation in the United Nations in several ways. In this article I focus on his use of mass communication to reach individuals and families in the U.S. In his ''fireside chats, " he empathically addressed widely experienced problems and then proposed solutions requiring publicly supported governmental actions. In his first term, that technique gained Roosevelt popular support for the New Deal programs. In his second term, FDR turned the nation's attention to the international situation, drawing on the motivations he had earlier tapped. In the 1940 election, both major parties chose internationalist candidates, and Roosevelt was able …
Comparative Human Rights Jurisprudence In Azerbaijan: Theory, Practice And Prospects, Charles H. Martin
Comparative Human Rights Jurisprudence In Azerbaijan: Theory, Practice And Prospects, Charles H. Martin
Florida State University Journal of Transnational Law & Policy
No abstract provided.
The Proliferation Security Initiative: Navigating The Legal Challenges, Samuel E. Logan
The Proliferation Security Initiative: Navigating The Legal Challenges, Samuel E. Logan
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Idea Merchants And Paradigm Peddlers In Global Antitrust, Mel Marquis
Idea Merchants And Paradigm Peddlers In Global Antitrust, Mel Marquis
Global Business & Development Law Journal
No abstract provided.
Governance Of International Institutions: A Review Of The North American Commission For Environmental Cooperation's Citizen Submissions Process, David L. Markell
Governance Of International Institutions: A Review Of The North American Commission For Environmental Cooperation's Citizen Submissions Process, David L. Markell
Scholarly Publications
No abstract provided.
Challenging China's Fixed Exchange Rate Regime: An Analysis Of U.S. Options, Xinchen Sofia Lou
Challenging China's Fixed Exchange Rate Regime: An Analysis Of U.S. Options, Xinchen Sofia Lou
UC Law SF International Law Review
No abstract provided.
Editors' Note, Melanie Nakagawa, Kirk Herbertson
Editors' Note, Melanie Nakagawa, Kirk Herbertson
Sustainable Development Law & Policy
No abstract provided.
Mcgoliath V. David: The European Court Of Human Rights Recent Equality Of Arms Decision, Monique C. Lillard
Mcgoliath V. David: The European Court Of Human Rights Recent Equality Of Arms Decision, Monique C. Lillard
Articles
No abstract provided.
Feeling For Rocks While Crossing The River: The Gradual Evolution Of Chinese Law, Bradley L. Milkwick
Feeling For Rocks While Crossing The River: The Gradual Evolution Of Chinese Law, Bradley L. Milkwick
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Ignoring The Lessons Of The Past: The Crisis In Darfur And The Case For Humanitarian Intervention, Klinton W. Alexander
Ignoring The Lessons Of The Past: The Crisis In Darfur And The Case For Humanitarian Intervention, Klinton W. Alexander
Florida State University Journal of Transnational Law & Policy
No abstract provided.
Big Brother Or Eye In The Sky? Legal Aspects Of Space-Based Geo-Lnformation For Disaster Management, Frans Von Der Dunk
Big Brother Or Eye In The Sky? Legal Aspects Of Space-Based Geo-Lnformation For Disaster Management, Frans Von Der Dunk
Space, Cyber, and Telecommunications Law Program: Faculty Publications
Amongst the methods of gathering geo-information inter alia for disaster management purposes, the use of satellites is a particularly interesting one in view of their global coverage. In this area a number of recent interesting developments have taken place, such as the establishment of a Charter on Space and Major Disasters, and the rapidly evolving plans for GMES and GEOSS. These developments raise a number of legal issues, related to state responsibility, state liability, and the respective roles of intergovernmental organizations and commercial and/or private entities in this regard. These issues cannot be easily solved, since the international legal environment …