International Law Commons^™

Ending Impunity The Case For War Crimes Trials In Liberia, Charles Chernor Jalloh, Alhagi Marong

Faculty Publications

This paper argues that Liberia owes a duty under international law to investigate and prosecute the heinous crimes, including torture, rape and extra-judicial killings of innocent civilians, committed in that country by the various warring parties in the course of 14 years of brutal conflict. The authors evaluate the options for prosecution, starting with the possible use of Liberian courts. They argue that even if willing, the national courts are unable to render credible justice that protects the due process rights of the accused given the collapse of legal institutions and the paucity of financial, human and material resources in …

To Reconcile, Or To Be Reconciled?: Agency, Accountability, And Law In Middle Eastern Conflicts, Laurie King-Irani

UC Law SF International Law Review

No abstract provided.

Richard Lillich Memorial Lecture: Promoting The Accountability Of Members Of The New Un Human Rights Council, Philip Alston

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Workers' Rights In The Mexican Maquiladora Sector: Collective Bargaining, Women's Rights, And General Human Rights: Law, Norms, And Practice, Joshua M. Kagan

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Honor Killings And The Asylum Gender Gap, Valerie Plant

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Post-Conflict Justice In Iraq: An Appraisal Of The Iraq Special Tribunal, M. Bassiouni

College of Law Faculty

No abstract provided.

Inadmissible In Iberia: The Fate Of Asylum Seekers In Spain And Portugal, Maryellen Fullerton

Faculty Scholarship

No abstract provided.

The United Nations Compensation Commission For Claims Arising Out Of The 1991 Gulf War: The "Arising Prior To" Decision, David D. Caron

Florida State University Journal of Transnational Law & Policy

No abstract provided.

E-Commerce And The Taxation Doctrine Of Permanent Establishment In The United States And China, Susan K. Duke

Florida State University Journal of Transnational Law & Policy

No abstract provided.

How Far Do The Lawless Areas Of Europe Extend? Extraterritorial Application Of The European Convention On Human Rights, Tarik Abdel-Monem

Florida State University Journal of Transnational Law & Policy

No abstract provided.

European Asylum Law: Race-To-The-Bottom Harmonization?, James D. Fry

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Iraq, Cambodia, And International Justice , Patricia M. Wald

American University International Law Review

No abstract provided.

Is Truth Serum Torture?, Linda M. Keller

American University International Law Review

No abstract provided.

Introduction, Padideh Ala'i

American University International Law Review

No abstract provided.

Education As A Lynchpin Of Development: Legal And Policy Considerations In The Formation Of The Education For All- Fast Track Initiative Catalytic Trust Fund , Sophie Smyth, Anna Triponel

Sustainable Development Law & Policy

No abstract provided.

The Convention On Cybercrime: A Harmonized Implementation Of International Penal Law: What Prospects For Procedural Due Process?, 23 J. Marshall J. Computer & Info. L. 329 (2005), Miriam F. Miquelon-Weismann

UIC John Marshall Journal of Information Technology & Privacy Law

The CoE Convention on cybercrime provides a treaty-based framework that imposes on the participating nations the obligation to enact legislation criminalizing certain conduct related to computer systems, create investigative procedures and ensure their availability to domestic law enforcement authorities to investigate cybercrime offenses, including procedures to obtain electronic evidence in all of its forms and create a regime of broad international cooperation, including assistance in extradition of fugitives sought for crimes identified under the CoE Convention. Since there is no internationally recognized legal definition of computer crime, this article briefly presents the generally recognized categories of cybercrime and then proceeds …

Sending The Right Signals: Using Rent-Seeking Theory To Analyze The Cuban Central Bank, Jose M. Gabilondo

Faculty Publications

No abstract provided.

A Terrible Purity: International Law, Morality, Religion, Exclusion, Tawia Baidoe Ansah

Faculty Publications

This article's point of departure is the US's war against Iraq, which was begun in 2003 under various rationales - political, legal, and moral. As the legal and political justifications fell away or were cast into question, the moral became the primary reason for going to war. The justifications were, however, construed in religious language. For many, this "return" of religion within US foreign policy seemed particular to the Bush Administration. Others have argued that the turn to religion in time of war is nothing new. Nevertheless, the war and its justifications made me wonder about the nature of public …

A Next Rwanda? A Next Iraq? Military Intervention In The 21st Century, Patrick J. Flood

ILSA Journal of International & Comparative Law

This essay addresses the conditions under which reactive and pre-emptive military intervention are ethical, and whether adjustments can and should be made in international law and institutions to establish the parameters of their legality and to ensure that they are authorized by legitimate authority.

Book Review, Charif M. Bassiouni, Introduction To International Criminal Law (2003), Mark A. Drumbl

Scholarly Articles

None available.

Gender-Sensitive Justice And The International Criminal Tribunal For Rwanda: Lessons Learned For The International Criminal Court, Valerie Oosterveld

Law Publications

No abstract provided.

A Dual Catastrophe Of Protectionism, Sungjoon Cho

Northwestern Journal of International Law & Business

Suppose that a consortium of wealthy and powerful local industries, acting through lawmakers captured by these industries, managed to pass a statute, damaging to the larger public welfare, purely for a protectionist purpose. Suppose further that this statute victimizes exports from a small, poor country such as Vietnam, to a large, rich country such as the United States, because these imported products are cheaper and thus pose a competitive threat to rival domestic industries. Suppose also that courts in the importing country can do little to stop this chain of events. Rational individuals might find these events objectionable, if not …

Geographical Indicators: A Unique European Perspective On Intellectual Property, Eva Gutierrez

UC Law SF International Law Review

In a recent case before the World Trade Organization, the European Union advocated robust protection for geographical indicators, much to the opposition of the United States and Australia. Although the United States criticizes the European perspective of geographical indicators, the author concludes the robust GI protection the EU provides to its Member States is both a valid and ingenious way of utilizing intellectual property for national economic and social growth.

Law And The Theory Of Lack, Laura Nader

UC Law SF International Law Review

Legal comparativists' view of law as bounded precluded a theory of the diffusion of Western Law. The spread of Western legal influences, whether under colonialism or as part of law and development, or part of the current globalization challenge and the new imperialism, is now debated.

A theory of lack suggests the need for Western legal professionals to use lack as a means to promote modernity, rationality, and more recently democracy - the "civilizing process." The Chinese lack law, the Moslems lack rational law, South American countries lack sophisticated academic legal institutions, developing countries lack the minimal institutional; systems necessary …

Opening The Pandora's Box Of Space Law, Paul Tobias

UC Law SF International Law Review

No abstract provided.

Facts, Rights, And Remedies: Implementing International Law In Israel/Palestine Conflict: Introduction, George E. Bisharat

UC Law SF International Law Review

No abstract provided.

International Law And The Peace Process, Richard Falk

UC Law SF International Law Review

No abstract provided.

International Law And Rights-Based Remedies In The Israel/Palestine Conflict: Settlements, Asli U. Bali

UC Law SF International Law Review

No abstract provided.

International Law And The Palestine Refugees, John Quigley

UC Law SF International Law Review

No abstract provided.

The Mirage Of Rights - Response, Elazar Barkan

UC Law SF International Law Review

No abstract provided.