International Law Commons^™

Traditional Paradisms For The Causes Of War Applied To The International Trading System: Nation-State Institutions In A World Of Market-States, Antonio F. Perez

Scholarly Articles

The first object of this paper, therefore, is to consider in very general terms the intellectual history of the study of the relation between trade and peace, using two key texts from the beginning and the end of the Cold War - first, Kenneth Waltz's "Man, the State, and War: A Theoretical Analysis" 3; and, second, Philip Bobbitt's "The Shield of Achilles: War, Peace, and the Course of History.

The second part of this paper will argue that Waltz's normative commitments are revealed in the order of his presentation and Bobbitt's normative commitments are revealed in the ostensibly descriptive thesis …

United Nations Update, Nicholas Leddy

Human Rights Brief

No abstract provided.

Union Responses To The Challenges Of An Increasingly Globalized Economy, Stephen B. Moldof

Richmond Journal of Global Law & Business

No abstract provided.

Court Of Justice Oversight Over The European Central Bank: Delimiting The Ecb's Constitutional Autonomy And Independence In The Olaf Judgment, Roger J. Goebel

Fordham International Law Journal

An article devoted to the European Court of Justice's (“ECJ” or the “Court”) judicial review of the European Central Bank's (“ECB”) level of constitutional autonomy and independence may seem a bit arcane in a book dedicated to honor Advocate General Francis Jacobs upon his retirement from the Court. The topic is, however, eminently suitable, because it highlights his influence in a case remote from the many fields of law in which his impact has been so marked-- e.g., free movement of goods, competition law, trademarks and other intellectual property rights, free movement of services and establishment rights, human rights protection, …

Economic Growth, Democracy, The Rule Of Law, And China's Future, Miron Mushkat, Roda Mushkat

Fordham International Law Journal

China still relies predominantly on the “rule of man” (as distinct from the rule of law) and is by no means ready to embrace democracy. Its foreign policy stance has not been overly aggressive for some time but China may have not acted, at least consistently and unambiguously so, in a manner that reflects its size and status as a leading regional power. The rapid economic growth it has experienced--a pattern that should remain intact--might thus contribute toward internal relaxation and external moderation. Both the internal and external sides of the picture merit careful consideration. However, this Essay focuses, from …

Meaning, Ambiguity And Legitimacy: Judicial (Re-)Construction Of Nafta Chapter 11, Ari Afilalo

Northwestern Journal of International Law & Business

Chapter 11 of the North American Free Trade Agreement (NAFTA) benignly named the "Investment Chapter," is a theater for some of the most advanced issues of 21st century international law and adjudication. The Chapter gives private parties the right to challenge national policies that burden their ability to do business freely. It empowers arbitral tribunals to assess damages against the governments of NAFTA parties. The adjudicators, as this Article illustrates, render opinions with a constitutional flavor in that they assess the validity of domestic norms against larger principles of international economic law. In a drastic move away from classical century …

General Exclusion Orders Under Section 337, Gary M. Hnath

Northwestern Journal of International Law & Business

Your company, Widgets Unlimited, imports foreign-made widgets into the United States. One day, you're informed that U.S. Customs & Border Protection (Customs) has detained your goods and is determining whether they infringe a patent owned by The American Widget Corporation, based on an exclusion order issued by the International Trade Commission (ITC) after a recent ITC investigation, titled Certain Widgets with Extra Shiny Surfaces. Since you were never a party to any proceeding at the ITC, and indeed, you never even knew American Widget had patents on its widgets, you conclude that there must be some mistake and wait for …

International Convergence Of Accounting Standards-Perspectives From The Fasb On Challenges And Opportunities, Robert H. Herz, Kimberley R. Petrone

Northwestern Journal of International Law & Business

Convergence of international accounting standards is not a new initiative at the Financial Accounting Standards Board (FASB or Board); in fact, the FASB has pursued international "convergence" for almost half of its more than thirty year existence.' The FASB's international activities initially fell under the heading of harmonization, or internationalization, of accounting standards. Today those activities are referred to as convergence.Whatever the term, the Board has long held the view that a single set of high-quality international accounting standards is desirable because its use will improve international comparability of financial information; reduce costs to financial statement users, preparers, auditors, and …

Creation Of World Wide Accounting Standards: Convergence And Independence, David S. Ruder, Charles T. Canfield, Hudson T. Hollister

Northwestern Journal of International Law & Business

"Cross-border trading" in the stocks of multinational companies is the code word for the ability of all companies worldwide to be able to sell their securities in the markets of all countries. In a cross-border trading environment, the world's investment resources would be freely available to companies in all countries and capital would be allocated in an optimal fashion. One of the primary barriers to cross-border trading is the requirement that the financial statements of the companies being traded in the securities markets of a particular country be compatible. With comparable financial statements, multinational companies would be able to access …

A Securities Regulator Looks At Onvergence, Donald T. Nicolaisen

Northwestern Journal of International Law & Business

For many years there has been a dedicated group of practitioners, standard setters, business leaders and others from around the world who have worked to establish a single set of globally accepted accounting standards for the benefit of the capital markets. These people clearly had their hearts in the right place but, absent a binding mandate to apply the standards, it seemed largely a labor of love. Now I expect those pioneering initiatives and the many years of effort to pay off because in 2005 a large number of companies are joining what up to now has been a limited …

Convergence And The Implementation Of A Single Set Of Global Standards: The Real-Life Challenge, Mary Tokar

Northwestern Journal of International Law & Business

This paper addresses the impact of convergence on auditing firms by focusing on the adoption of International Financial Reporting Standards (IFRSs) issued by the International Accounting Standards Board (IASB). While the adoption of the IFRSs by companies around the globe is intended to achieve convergence in accounting by eliminating different national approaches to financial reporting, many challenges arise from the process of adoption of the IFRSs, as well as from the ongoing and still incomplete process of convergence of national standards with the IFRSs.

Solitary Confinement And International Human Rights: Why The U.S. Prison System Fails Global Standards, Elizabeth Vasiliades

American University International Law Review

No abstract provided.

Hybrid Criminal Tribunals And The Concept Of Ownership: Who Owns The Process? , Phillip Rapoza

American University International Law Review

No abstract provided.

Should A Requirement Of "Clean Hands" Be A Prerequisite To The Exercise Of Diplomatic Protection? Human Rights Implications Of The International Law Commission's Debate, Aleksandr Shapovalov

American University International Law Review

No abstract provided.

The Rome Statute, Some Reservations Concerning Amnesties, And A Distributive Problem, Dwight G. Newman

American University International Law Review

No abstract provided.

Averting Nuclear Terrorism: Building A Global Regime Of Cooperative Threat Reduction, James C. Kraska

American University International Law Review

No abstract provided.

Private Disputes And The Public Good: Explaining Arbitration Law, William W. Park

American University International Law Review

No abstract provided.

Islam, The Law Of War, And The U.S. Soldier, Manuel E.F. Supervielle

American University International Law Review

No abstract provided.

Internally-Displaced Persons And The Sardar Sarovar Project: A Case For Rehabilitative Reform In Rural Media, Pooja Mehta

American University International Law Review

No abstract provided.

La Prohibición De La Tortura: Un Análisis Sistemático De Las Interpretaciones Jurisprudenciales De La Corte Interamericana De Derechos Humanos Sobre Las Violaciones Al Artículo 5 De La Convención Americana Sobre Derechos Humanos, Xavier Andrés Flores Aguirre

American University International Law Review

No abstract provided.

Lessons Learned: Building On The Success Of The Current International Tribunal Framework To Develop The Next Era Of War Crimes Tribunals , Aryeh Neier

American University International Law Review

No abstract provided.

International Environmental Law, The Public's Health, And Domestic Environmental Governance In Developing Countries , William Onvizu

American University International Law Review

No abstract provided.

Cultural Diversity, Human Rights, And The Emergence Of Indigenous Peoples In International And Comparative Environmental Law, Jerry Firestone, Jonathan Lily, Isable Torres De Noronha

American University International Law Review

No abstract provided.

Conflict Of Laws Analyses For The Era Of Free Trade, Andrew J. Walker

American University International Law Review

No abstract provided.

Developing A Universal Juridical Conscience: Trindade Offers A Viable Agenda For The 21st Century, Johannes Van Aggelen

Case Western Reserve Journal of International Law

No abstract provided.

Dancing With The Devil: Prosecuting West Africa's Warlords: Building Initial Prosecutorial Strategy For An International Tribunal After Third World Armed Conflicts, David M, Crane

Case Western Reserve Journal of International Law

No abstract provided.

Will Saddam Hussein Get A Fair Trial, Michael P. Scharf, Curtis F.J. Doebbler, Hiram E. Chodosh

Case Western Reserve Journal of International Law

No abstract provided.

Enshrining A Secular Idol: A Judicial Response To The Violent Aftermath Of Ayodhya, Sheetal Parikh

Case Western Reserve Journal of International Law

No abstract provided.

Federal Preemption In An Age Of Globalization, Ryan Patton

Case Western Reserve Journal of International Law

No abstract provided.

Volume 37 Issue 1 (2005), Cwru Journal Of International Law

Case Western Reserve Journal of International Law

No abstract provided.