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2005

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Institution
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Articles 421 - 450 of 922

Full-Text Articles in International Law

Palestinian/Israeli Water Conflict And Implementation Of International Water Law Principles, Hilal Elver Jan 2005

Palestinian/Israeli Water Conflict And Implementation Of International Water Law Principles, Hilal Elver

UC Law SF International Law Review

No abstract provided.


Trading Places: Illicit Antiquities, Foreign Cultural Patrimony Laws, And The U.S. National Stolen Property Act After United States V. Schultz, Mark J. Petr Jan 2005

Trading Places: Illicit Antiquities, Foreign Cultural Patrimony Laws, And The U.S. National Stolen Property Act After United States V. Schultz, Mark J. Petr

UC Law SF International Law Review

No abstract provided.


Judicial Reform In Afghanistan: A Case Study In The New Criminal Procedure Code, Faiz Ahmed Jan 2005

Judicial Reform In Afghanistan: A Case Study In The New Criminal Procedure Code, Faiz Ahmed

UC Law SF International Law Review

On January 4, 2004, the Islamic Transitional State of Afghanistan ratified a constitution. While lauded by many, a number of its articles have stirred debate within Afghanistan. Using the country's new criminal procedure code as a case study, the author addresses key questions pertaining to legal reform and development movements, including the foreign imposition of law, a lack of local participation in legal reform processes, and a blindness to the multiple layers of indigenous law practiced on the ground. The author concludes that these are all weaknesses that will fundamentally hamper the rebuilding of stable legal institutions in Afghanistan in …


Who Gets The Better Deal?: A Comparison Of The U.S. And English Infancy Doctrines, Simon Goodfellow Jan 2005

Who Gets The Better Deal?: A Comparison Of The U.S. And English Infancy Doctrines, Simon Goodfellow

UC Law SF International Law Review

In both the United States and England, rights and liabilities under contract law are different for minors than for adults. The author compares and contrasts the current infancy doctrines of England and the United States and evaluates which country favors which party over the other and the repercussions of this choice. The author concludes that a majority of American states strongly favor the interests of the minor. Although a minority of American states, and England, strike more of a balance between the interests of the minor and adult merchants acting in good faith, the increased activity and sophistication of minors …


Food Security Emergencies And The Power Of Eminent Domain: A Domestic Legal Tool To Treat A Global Problem, Robert H. Trudell Jan 2005

Food Security Emergencies And The Power Of Eminent Domain: A Domestic Legal Tool To Treat A Global Problem, Robert H. Trudell

Syracuse Journal of International Law and Commerce

Part I of this Note examines how food insecurity threatens global security. Part II will examine ways that food insecurity is treated today through food aid and charity donated from the wealthy countries of the world. Part II will also discuss agricultural productivity: how it was improved tremendously in the twentieth-century using "Green Revolution" methods of agricultural production, and why such methods are not the optimal solution for the crisis ahead in the countries of sub-Saharan Africa. Part III first examines how intellectual property rights function in the United States and throughout the world, and then ends with a narrower …


Front Matter Jan 2005

Front Matter

Syracuse Journal of International Law and Commerce

No abstract provided.


A Quick Look At The Inter-American Democratic Charter Of The Oas: What Is It And Is It "Legal"?, Timothy D. Rudy Jan 2005

A Quick Look At The Inter-American Democratic Charter Of The Oas: What Is It And Is It "Legal"?, Timothy D. Rudy

Syracuse Journal of International Law and Commerce

This article briefly discusses the Democratic Charter-its creation, its perhaps murky legal status, and Chapter IV. But I have added new developments that took place after the ASIL meeting which further indicate the Democratic Charter represents an important expression of the progressive development of international law. Democratic government is required for every country in the Western Hemisphere. 8 But the Democratic Charter takes this internal domestic right and establishes it as an external collective right as well. The first article of the Democratic Charter clearly states that it is "[t]he peoples of the Americas [who] have a right to democracy …


Non-Democratic Transitions: Reactions Of The Oas And Caricom To Aristide's Departure, David S. Berry Jan 2005

Non-Democratic Transitions: Reactions Of The Oas And Caricom To Aristide's Departure, David S. Berry

Syracuse Journal of International Law and Commerce

In the last 25 years, however, the Member States of the Organization of American States have allowed democracy to play an even stronger role in the operation of the Organization. Several resolutions, declarations, and an amendment to the OAS Charter have made a non-democratic transition of government a ground for suspension of a Member State's right to participate in either the Organization of American States or Summit of the Americas. This process started with Resolution 1080 on "Representative Democracy" in 1991, and was further grounded and developed in the Protocol of Washington of 1992, the Declaration of Quebec City of …


Democratic Policing Confronts Terror An Protest, Jerome H. Skolnick Jan 2005

Democratic Policing Confronts Terror An Protest, Jerome H. Skolnick

Syracuse Journal of International Law and Commerce

The idea of legal evolution to a rule of law necessarily implies restraints upon the coercive power of the state. Whatever we might mean by coercive state power, surely the institution of the police embodies the essence of such power. Democratic policing has long been a guiding concern in studies of American policing; and it is a major goal of nations in transition to democracy, especially those in Eastern Europe.2 By those seeking change, democratic policing must be concerned with the rule of law as well as with crime and public order and terrorism. In this article, I intend to …


Exercising Their Rights: Native American Nations Of The United States Enhancing Political Sovereignty Through Ratification Of The Rome Statute, Kristoffer P. Kiefer Jan 2005

Exercising Their Rights: Native American Nations Of The United States Enhancing Political Sovereignty Through Ratification Of The Rome Statute, Kristoffer P. Kiefer

Syracuse Journal of International Law and Commerce

The Rome Statute for the International Criminal Court (ICC) provides an ideal opportunity for Native American nations to begin attaining the rights and protections they have sought from the U.S. Government. Essentially, ratification would establish a legal relationship between Native American tribal governments and the ICC, as an international body, permitting Native American nations to interact independently with international organizations and States. Native Americans could help lay the foundation for establishing international legal personality-something previously denied by the United Nations (U.N.)-through ratification. In tum Native Americans would place pressure on the United States Government to recognize their political sovereignty. The …


Corporate Governance Changes In The Two Largest Economies: What's Happening In The U.S. And Japan?, Makoto Toda, William Mccarty Jan 2005

Corporate Governance Changes In The Two Largest Economies: What's Happening In The U.S. And Japan?, Makoto Toda, William Mccarty

Syracuse Journal of International Law and Commerce

Lawmakers in the world's two largest economies, the United States and Japan, have enacted legislation to require firms to at least consider altering their governance structure. In the United States, the 2002 Sarbanes-Oxley Act (SOX) and Securities and Exchange Commission (SEC) rules have led to revised governance structures at the 30 Dow Jones (DJ) companies. The governance changes affect the composition, size and functions of the board of directors and its relations with the chief executive officer (CEO). A 2003 change in the Japanese Commercial Code provided firms with three governance options, including a "Company with Committees" system similar to …


Fair Trade And Ethical Labeling In The Clothing, Textile, And Footwear Sector: The Case Of Blue Jeans, Onno Kuik Jan 2005

Fair Trade And Ethical Labeling In The Clothing, Textile, And Footwear Sector: The Case Of Blue Jeans, Onno Kuik

ILSA Journal of International & Comparative Law

Consumer labels are quite common in the clothing, textiles, and footwear industry.


Mediacion Obligatoria Desde El Punto De Vista Comparativo: Los Casos De Argentina Y Los Estados Unidos, Timothy K. Kuhner Jan 2005

Mediacion Obligatoria Desde El Punto De Vista Comparativo: Los Casos De Argentina Y Los Estados Unidos, Timothy K. Kuhner

ILSA Journal of International & Comparative Law

Este articulo presenta y compara datos colectados en Argentina y los Estados Unidos durante la experiencia inicial de cada pais con la mediaci6n obligada por ley.


El Modelo De Consejo De Administracion: Una Comparacion Del Fsc Y Msc, Javier Pons Rafols, Luke Brander Jan 2005

El Modelo De Consejo De Administracion: Una Comparacion Del Fsc Y Msc, Javier Pons Rafols, Luke Brander

ILSA Journal of International & Comparative Law

Este papel apunta para analizar "el Modelo de Consejo de Administraci6n" por una comparaci6n del Consejo de Administraci6n Forestal (FSC por sus siglas en ingles) y el Consejo de Administraci6n Maritimo (MSC por sus siglas en ingles).


Monumental Flaws And Dysfunctions: Some Suggestions For Mending The Broken Trade Adjustment Assistance Certification Process, Brad A. Brooks-Rubin Jan 2005

Monumental Flaws And Dysfunctions: Some Suggestions For Mending The Broken Trade Adjustment Assistance Certification Process, Brad A. Brooks-Rubin

ILSA Journal of International & Comparative Law

Good afternoon. Please accept my apologies if I suddenly tear out of here, or look nervously at my watch throughout the panel.


Competition Law And Professional Practice, Daniel Vazquez Albert Jan 2005

Competition Law And Professional Practice, Daniel Vazquez Albert

ILSA Journal of International & Comparative Law

Professional practice has traditionally distinguished itself for being subject to strong regulation, characterized by containing severe restrictions on competition between professionals.


Jus Ad Bellum: The Next Iraq, Ian Johnstone Jan 2005

Jus Ad Bellum: The Next Iraq, Ian Johnstone

ILSA Journal of International & Comparative Law

Our chairman said that the task of this panel is to discuss preemptive military intervention to combat either: the threatened use of force, for example, by terrorists armed with weapons of mass destruction; or outrageous human rights violations, like genocide.


The International Criminal Court And Human Rights Enforcement In Africa, Obasi Okafor-Obasi Jan 2005

The International Criminal Court And Human Rights Enforcement In Africa, Obasi Okafor-Obasi

ILSA Journal of International & Comparative Law

The inauguration of a permanent tribunal for the prosecution of serious crimes has raised anew the problem of enforcement of human rights in international law.


Demythologizing Restorative Justice: South Africa's Truth And Reconciliation Commission And Rwanda's Gacaca Courts In Context, Olivia Lin Jan 2005

Demythologizing Restorative Justice: South Africa's Truth And Reconciliation Commission And Rwanda's Gacaca Courts In Context, Olivia Lin

ILSA Journal of International & Comparative Law

Since the Allied-overseen Nuremberg Trials in 1945, the legal measures pursued by nations negotiating political transition and responding to the human rights abuses of prior regimes ("transitional justice")' are subject to examination by the watchful eye of the international community and international standards.


Cultural Relativism In International War Crimes Prosecutions: The International Criminal Tribunal For Rwanda, Ida L. Bostian Jan 2005

Cultural Relativism In International War Crimes Prosecutions: The International Criminal Tribunal For Rwanda, Ida L. Bostian

ILSA Journal of International & Comparative Law

"While academic debates about the possibility of objective truth and falsehood are often rarified to the point of absurdity, Rwanda demonstrated that the question is a matter of life and death."'


The 2005 Philip C. Jessup International Lawmoot Court Competition. The Case Concerning The Vessel The Mairi Maru, Isla Journal Of International & Comparative Law Jan 2005

The 2005 Philip C. Jessup International Lawmoot Court Competition. The Case Concerning The Vessel The Mairi Maru, Isla Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

In April of 2001, an agreement was entered into between Appollonia (Applicant) and Maguffin (not party to this case) for the exportation of MOX, produced by an Appollonian State-owned power plant. Since then, Appollonia has exported MOX to Maguffin via shipments traveling through the waters of Raglan (Respondent), located halfway between Appollonia and Maguffin.


The 2005 Philip C. Jessup International Lawmoot Court Competition. The Case Concerning The Vessel The Mairi Maru, Isla Journal Of International & Comparative Law Jan 2005

The 2005 Philip C. Jessup International Lawmoot Court Competition. The Case Concerning The Vessel The Mairi Maru, Isla Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

The Republic of Appollonia and the Kingdom of Raglan submit their differences concerning The Mairi Maru to this Court by Special Agreement, dated May 15, 2004, pursuant to Article 40(1) of the Court's Statute.


Sosa V. Alvarez-Machain: Extraterritorial Abduction And The Rights Of Individuals Under International Law, Jeffrey Loan Jan 2005

Sosa V. Alvarez-Machain: Extraterritorial Abduction And The Rights Of Individuals Under International Law, Jeffrey Loan

ILSA Journal of International & Comparative Law

Although the growth of extradition treaties has assisted in the prosecution of suspects who are not present in the state seeking their prosecution, there will always be situations where extradition is not available or plausible.


Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law Jan 2005

Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

Globalization has changed the way global society addresses common and global problems. While there is much talk about aiming at sustainable development, there are no real clear definitions of sustainable development and the term remains susceptible to much misuse.


Global Responses To Terrorism And National Insecurity: Ensuring Security, Development And Human Rights, C. Raj Kumar Jan 2005

Global Responses To Terrorism And National Insecurity: Ensuring Security, Development And Human Rights, C. Raj Kumar

ILSA Journal of International & Comparative Law

The terrorist attacks in London 2 and Egypt' and other parts of the world have once again reinforced the attention of the international community on the problem of "terrorism."


Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law Jan 2005

Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

"While academic debates about the possibility of objective truth and falsehood are often rarified to the point of absurdity, Rwanda demonstrated that the question is a matter of life and death."'


Comercio Justo Y Etiquetaje Etico En El Sector De Ropa, Textil, Y Calzado: El Caso De Blue Jeans (Jeans Azules), Onno Kuik Jan 2005

Comercio Justo Y Etiquetaje Etico En El Sector De Ropa, Textil, Y Calzado: El Caso De Blue Jeans (Jeans Azules), Onno Kuik

ILSA Journal of International & Comparative Law

Etiquetas del consumidor son bastante comunes en la industria de ropa, textiles y calzado.


International Legal Updates, Sebastian Amar, Shirley Woodward, Huwaida Arraf, Amy Tai Jan 2005

International Legal Updates, Sebastian Amar, Shirley Woodward, Huwaida Arraf, Amy Tai

Human Rights Brief

No abstract provided.


The Israeli Disengagement Plan: Unilateralism In The Face Of Multilateral Agreements, Brandon Hollinder Jan 2005

The Israeli Disengagement Plan: Unilateralism In The Face Of Multilateral Agreements, Brandon Hollinder

Human Rights Brief

No abstract provided.


Criminalizing Hate Speech: A Comment On The Ictr’S Judgment In The Prosecutor V. Nahimana, Et Al., Diane F. Orentlicher Jan 2005

Criminalizing Hate Speech: A Comment On The Ictr’S Judgment In The Prosecutor V. Nahimana, Et Al., Diane F. Orentlicher

Human Rights Brief

No abstract provided.