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2005

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Articles 781 - 810 of 922

Full-Text Articles in International Law

International Animal Rights: Speciesism And Exclusionary Human Dignity, Kyle Ash Jan 2005

International Animal Rights: Speciesism And Exclusionary Human Dignity, Kyle Ash

Animal Law Review

The primary goal of this paper is to act as a heuristic device, to suggest an unconventional but practical perspective on the evolution of international law. Upon surveying discourse on the history of international law, texts of treaties, and declarations and writings of influential philosophers of law and morality, an antiquated perspective of humanity is apparent. A convention in international law, and a reflection of a common idea which feeds the foreboding trend of how humans relate to the planet, treats humanity as distinctively separate from the Earth’s biodiversity. Though environmental law is beginning to recognize the necessity of conserving …

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Chinese Endangered Species At The Brink Of Extinction: A Critical Look At The Current Law And Policy In China, Charu Sharma Jan 2005

Chinese Endangered Species At The Brink Of Extinction: A Critical Look At The Current Law And Policy In China, Charu Sharma

Animal Law Review

The People’s Republic of China harbors a vast number of plant and animal species, but those species have long been threatened by a thriving illegal trade. China became a signatory to the Convention on International Trade in Endangered Species in 1981 and has since passed a number of wildlife protection laws and regulations in an effort to curb the illegal trade and begin revitalizing some of its nearly-extinct animal populations. This article critically examines China’s legislation and judicial decisions, concluding that much work remains to be done to protect endangered species in China.

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The Islamic Roots Of Democracy, Ali Iyad Yakub Jan 2005

The Islamic Roots Of Democracy, Ali Iyad Yakub

University of Miami International and Comparative Law Review

No abstract provided.

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The Many Faces Of Power: An International Law Response To Robert Kagan's Of Paradise And Power, Jason Morgan-Foster Jan 2005

The Many Faces Of Power: An International Law Response To Robert Kagan's Of Paradise And Power, Jason Morgan-Foster

University of Miami International and Comparative Law Review

No abstract provided.

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A Bottom-Up Approach To International Lawmaking: The Tale Of Three Trade Finance Instruments, Janet K. Levit Jan 2005

A Bottom-Up Approach To International Lawmaking: The Tale Of Three Trade Finance Instruments, Janet K. Levit

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.

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Critical Analysis Of The International Court Of Justice Ruling On Israel's Security Barrier, Michael J. Kelly Jan 2005

Critical Analysis Of The International Court Of Justice Ruling On Israel's Security Barrier, Michael J. Kelly

Fordham International Law Journal

On July 9, 2004, the International Court of Justice (“ICJ”) handed down an Advisory Opinion concerning the Legal Consequences of the Construction of a Wall in the Occupied Palestinian Territory. In producing the Opinion, the Court traversed issues concerning its jurisdiction to deal with the request, the applicable law, the adherence by Israel to that law, the right of self-defense and the consequences of its findings of unlawfulness. It is well known that the long running issue of Israeli and Palestinian reconciliation is a politically heated one and the work of the ICJ has not been immune from the effects …

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The Ictr And Justice For Rwandan Women, Mark A. Drumbl Jan 2005

The Ictr And Justice For Rwandan Women, Mark A. Drumbl

Scholarly Articles

In this article, I hope to spring from the discussion of the ICTR's gender jurisprudence to a broader conversation that touches on the relationship between this jurisprudence and life for Rwandan women today. In particular, I'd like to consider three questions: What do both the gender jurisprudence and the jurisprudence at large of the ICTR mean to women, individually and collectively, in Rwanda? How do other modalities of accountability that operate in postgenocide Rwanda respond to gender violence and promote gender equality? What is the situation of Rwandan women today?

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The Simplification Of International Data Privacy Rules, Joel R. Reidenberg Jan 2005

The Simplification Of International Data Privacy Rules, Joel R. Reidenberg

Faculty Scholarship

The variation and complexity of national data privacy rules pose significant challenges for international data flows. Data protection laws range from ad hoc narrow legal rights, like those found in the United States, to comprehensive fair information practice statutes like those found in Europe. Because data processing frequently occurs across national borders, multiple data protection laws might apply simultaneously to international data flows. At the same time, data protection regimes may prohibit the circumvention of national standards by processing personal information at a foreign site. Global information processing thus presents a data controller with important burdens and obstacles related to …

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Cutting It: Surgical Interventions And The Sexing Of Children, Marie Fox, Michael Thomson Jan 2005

Cutting It: Surgical Interventions And The Sexing Of Children, Marie Fox, Michael Thomson

Cardozo Journal of Equal Rights & Social Justice

The article critiques the normalization of non-consensual surgical interventions on children, particularly focusing on male circumcision and intersex surgeries, arguing that these practices are rooted in cultural and gender norms rather than medical necessity. It challenges the legal and ethical frameworks that allow such surgeries, emphasizing the need for informed consent and stricter regulations.

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Two International Conferences Meet In New York, Adam Braun Jan 2005

Two International Conferences Meet In New York, Adam Braun

Public Interest Law Reporter

No abstract provided.

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The Third World, International Law, And The "Post-9/11 Era": An Introduction, Obiora Chinedu Okafor Jan 2005

The Third World, International Law, And The "Post-9/11 Era": An Introduction, Obiora Chinedu Okafor

Osgoode Hall Law Journal

No abstract provided.

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The "War On Terror" And The "War Of Terror": Nomadic Multitudes, Aggressive Incumbents, And The "New" International Law: Prefactory Remarks On Two "Wars", Upendra Baxi Jan 2005

The "War On Terror" And The "War Of Terror": Nomadic Multitudes, Aggressive Incumbents, And The "New" International Law: Prefactory Remarks On Two "Wars", Upendra Baxi

Osgoode Hall Law Journal

This article contrasts and compares the war on terror and the war of terror in the wake of, and before, 11 September 2001. The philosophical underpinnings involved in defining "terrorism" are analyzed in the context of the United States' war on terrorism and related wars of terrorism, such as the 1998 World Islamic Council's fatwa. Both wars fall within the wording of recent United Nations' Resolutions that address the adverse impact of terrorism on Human Rights. The understanding of the meaning of "terrorism" by those promoting the war on terrorism provides a powerful political tool, notwithstanding effects on Human Rights …

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Assessing Claims Of A New Doctrine Of Pre-Emptive War Under The Doctrine Of Sources, James Thuo Gathii Jan 2005

Assessing Claims Of A New Doctrine Of Pre-Emptive War Under The Doctrine Of Sources, James Thuo Gathii

Osgoode Hall Law Journal

After examining state practice and opinio juris on the preemptive use of force in the last few years, I conclude that the prohibition of preemptive war where there is no armed attack or an instant, overwhelming threat has not changed. Under customary international law, this prohibition of preemptive use of force is a customary international law norm of extremely high normativity and as such state practice inconsistent confirms the norm particularly in the absence of evidence of its widespread and representative repudiation. Second, under the doctrine of sources, state practice inconsistent with a norm of customary international law or persistent …

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Leading Towards A Level Playing Field, Repaying Ecological Debt, Or Making Environmental Space: Three Stories About International Environmental Cooperation, Karin Mickelson Jan 2005

Leading Towards A Level Playing Field, Repaying Ecological Debt, Or Making Environmental Space: Three Stories About International Environmental Cooperation, Karin Mickelson

Osgoode Hall Law Journal

This article considers a number of different ways of conceptualizing the relationship between South and North in the environmental context, focusing on international responses to climate change and, in particular, the Kyoto Protocol to the United Nations Framework Convention on Climate Change. It explores three stories about international environmental cooperation. One derives from the concept of "ecological debt," the second comes from the concept of "environmental space," and the third, which might be said to underlie the U.S. approach to the Kyoto Protocol at the present time, is labelled "leading towards a level playing field." The article provides an overview …

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The War On Terror And Iraq In Historical Perspective, Antony Anghie Jan 2005

The War On Terror And Iraq In Historical Perspective, Antony Anghie

Osgoode Hall Law Journal

This article critically examines the doctrine of pre-emption articulated in the National Security Strategy and the arguments made in favour of the proposition that it represents an emerging norm of international law and is compatible with the UN Charter. It focuses in particular on the possible implications with the UN Charter. It focuses in particular on the possible implications of this doctrine for Third-World states. It also examines the war in Iraq and pre-emption may be seen as replicating, in certain respects, a much earlier colonial history.

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The Bearded Bandit, The Outlaw Cop, And The Naked Emperor: Towards A North-South (De)Construction Of The Texts And Contexts Of International Law's (Dis)Engagement With Terrorism, Ikechi Mgbeoji Jan 2005

The Bearded Bandit, The Outlaw Cop, And The Naked Emperor: Towards A North-South (De)Construction Of The Texts And Contexts Of International Law's (Dis)Engagement With Terrorism, Ikechi Mgbeoji

Osgoode Hall Law Journal

For over one hundred years, the definition of the term "terrorism" has been subjected to political propaganda. In addition, dubious self-righteous indignation or outrage, often expressed by various states or prominent politicians at the occurrence of acts of terror have often masked the participation of those same states in international terrorism. In this endless cycle of finger pointing, accusations, denials, and counter-accusations, the problematic of what constitutes terror in legal parlance has degenerated into an exercise in name-calling. This sad spectacle frustrates objective and sincere attempts at fashioning out legal and policy framework to deal with the scourge of terrorism. …

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Newness, Imperialism, And International Legal Reform In Our Time: A Twail Perspective, Obiora Chinedu Okafor Jan 2005

Newness, Imperialism, And International Legal Reform In Our Time: A Twail Perspective, Obiora Chinedu Okafor

Osgoode Hall Law Journal

No abstract provided.

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The Discrimination And Denial Of Fundamental Rights For The People Of Sindh, Kavita Tekchandani Jan 2005

The Discrimination And Denial Of Fundamental Rights For The People Of Sindh, Kavita Tekchandani

Santa Clara Journal of International Law

Kavita Tekchandani, a recent graduate of the University of California Hastings School of Law, presents the plight of the Sindhis of Pakistan. The Sindhis, a people whose history dates back 5,000 years, are an ethnic and linguistic minority in Pakistan and face cultural and environmental discrimination, political oppression and violence. Her article brings to light the history of the Sindhis' struggle to achieve fundamental freedoms as well their current struggle to save and maintain an environmentally sustainable home in Pakistan.

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The European Union And Romanian Mentalitate: A Case Study Of Corruption, Kandis Scott Jan 2005

The European Union And Romanian Mentalitate: A Case Study Of Corruption, Kandis Scott

Santa Clara Journal of International Law

The Santa Clara Journal of International Law brought together a panel of experts to explore issues of both public and private corruption. The keynote speaker was Glenn T. Ware, Senior Officer with the World Bank's Department of Institutional Integrity. Questions considered: How effective are existing treaty regimes and how might they be improved? Must domestic measures be enhanced to improve enforcement capability? Are domestic and international efforts mutually supportive or are they working at cross-purposes?

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A Property Rights Approach To Sacred Sites Cases: Asserting A Place For Indians As Nonowners, Kristen A. Carpenter Jan 2005

A Property Rights Approach To Sacred Sites Cases: Asserting A Place For Indians As Nonowners, Kristen A. Carpenter

Publications

Although the Free Exercise Clause prohibits governmental interference with religion, American Indians have been unsuccessful in challenging government actions that harm tribal sacred sites located on federal public lands. The First Amendment dimensions of these cases have been well studied by scholars, but this Article contends that it is also important to analyze them through a property law lens. Indeed, the Supreme Court has treated the federal government's ownership of public lands as a basis for denying Indian religious freedoms claims. This Article contends that such holdings rely on an "ownership model" of property law wherein the rights of the …

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A New Framework: Post-Kyoto Energy And Environmental Security, Lakshman D. Guruswamy Jan 2005

A New Framework: Post-Kyoto Energy And Environmental Security, Lakshman D. Guruswamy

Publications

In this article Professor Guruswamy advances an argument for new energy agreements that address the immense global environmental challenge presented by the increasing global energy demands of both the developed and developing world. Arguing that new energy accords are needed to meet this challenge, he identifies and describes the decidedly interdisciplinary knowledge base and analytics required to negotiate such international instruments. The construction of these knowledge bases call for scientific, engineering, technological, legal, social, economic and behavioral expertise. Professor Guruswamy identifies pragmatic steps--including a targeted research agenda--that will contribute to such an undertaking and begin the arduous process of addressing …

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Indigenous Peoples’ Participatory Rights In Relation To Decisions About Natural Resource Extraction: The More Fundamental Issue Of What Rights Indigenous Peoples Have In Lands And Resources, James Anaya Jan 2005

Indigenous Peoples’ Participatory Rights In Relation To Decisions About Natural Resource Extraction: The More Fundamental Issue Of What Rights Indigenous Peoples Have In Lands And Resources, James Anaya

Publications

No abstract provided.

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Divergent Discourses About International Law, Indigenous Peoples, And Rights Over Lands And Natural Resources: Toward A Realist Trend, S. James Anaya Jan 2005

Divergent Discourses About International Law, Indigenous Peoples, And Rights Over Lands And Natural Resources: Toward A Realist Trend, S. James Anaya

Publications

In this article renowned scholar S. James Anaya analyzes the divergent assessments of international law's treatment of indigenous peoples' demands to lands and natural resources. The author explores several strains of arguments that have been advanced within this debate, including state-centered arguments and human rights-based arguments. The author also examines the shortcomings of recurring interpretive approaches to international law that consider indigenous peoples' rights to land and resources. From this analysis the author identifies a more promising approach within the human rights framework--which he describes as a realist approach--that focuses on the confluence of values, power, and change. The author …

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Learning A Little About The World: Foreign And International Research And The Nonspecialist, Mary Whisner Jan 2005

Learning A Little About The World: Foreign And International Research And The Nonspecialist, Mary Whisner

Librarians' Articles

In reflecting on the various ways she has developed some expertise in the area of foreign and international research (without being an expert), Ms. Whisner offers suggestions to others who would like to build their own knowledge in this field.

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From The World Court To Oklahoma Court: The Significance Of Torres V. State For International Court Of Justice Authority, Individual Rights, And The Availability Of Remedy In Vienna Convention Disputes, Heather L. Finstuen Jan 2005

From The World Court To Oklahoma Court: The Significance Of Torres V. State For International Court Of Justice Authority, Individual Rights, And The Availability Of Remedy In Vienna Convention Disputes, Heather L. Finstuen

Oklahoma Law Review

No abstract provided.

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Constitutionally Excluded Confessions: Applying America's Lessons To A Democratic Iraq, Joseph T. Thai Jan 2005

Constitutionally Excluded Confessions: Applying America's Lessons To A Democratic Iraq, Joseph T. Thai

Oklahoma Law Review

No abstract provided.

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International Law: The Compatibility Of The Rome Statute Of The International Criminal Court With The U.S. Bilateral Immunity Agreements Included In The American Servicemembers Protection Act, Eric M. Meyer Jan 2005

International Law: The Compatibility Of The Rome Statute Of The International Criminal Court With The U.S. Bilateral Immunity Agreements Included In The American Servicemembers Protection Act, Eric M. Meyer

Oklahoma Law Review

No abstract provided.

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The Law On Intervention: Africa's Pathbreaking Model, Jeremy I. Levitt Jan 2005

The Law On Intervention: Africa's Pathbreaking Model, Jeremy I. Levitt

Journal Publications

This article seeks to examine the sum and substance of the evolving intervention regime in Africa. I employ a structural approach to highlight the normative framework governing humanitarian intervention in Africa at the sub-regional and regional levels. The article is meant to be a snapshot rather than a comprehensive treatment of the law of intervention in Africa. Space constraints preclude examination of the legality of the various post-Cold War, unilateral African interventions (i.e., those that took place without prior Security Council authorisation or valid state consent). These include the interventions by the Economic Community of West African States (ECOWAS) in …

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Party Autonomy In Choice Of Commercial Law: The Failure Of Revised U.C.C. § 1-301 And A Proposal For Broader Reform, Jack M. Graves Jan 2005

Party Autonomy In Choice Of Commercial Law: The Failure Of Revised U.C.C. § 1-301 And A Proposal For Broader Reform, Jack M. Graves

Scholarly Works

No abstract provided.

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Leopold & Morel: A Story Of 'Free Trade' And 'Native Rights' In The Congo Free State, Padideh Ala'i Jan 2005

Leopold & Morel: A Story Of 'Free Trade' And 'Native Rights' In The Congo Free State, Padideh Ala'i

Contributions to Books

No abstract provided.

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