International Law Commons^™

Up Against A Wall: Europe’S Options For Regulating Biotechnology Through Regulatory Anarchy, Aaron A. Ostrovsky

ExpressO

Based on the current state of EU law and the political sentiment surrounding Genetically Modified Organisms, this paper argues that the best approach to regulating the import and export of GMOs into the Community and between Member States is by what I will call for the purposes of this Paper “regulatory anarchy.” This system sits in opposition to a hierarchical regulatory approach which may be associated with traditional neo-functionalist theories of Community integration. Applied in the context of GMOs, regulatory anarchy envisions integration not coming solely from Community rules conceived by the Commission, but by Member State negotiated rules accomplished …

Modern Day Slavery In Our Own Backyard, Ellen L. Buckwalter, Meredith S. Salvaggio, Susan L. Pollet, Maria Perinetti

ExpressO

Trafficking in persons is one of the fastest growing areas of international criminal activity. Each year an estimated 600,000 – 800,000 human beings are bought, sold or forced across the world’s borders. Approximately 2.5 million men, women and children are victims of trafficking at any point in time throughout the world. Approximately 14,500 – 17,500 individuals are trafficked annually into the United States, making the United States the third largest destination country in the world for victims of human trafficking.

In order to fight trafficking in the United States effectively, legislation at the state level, in addition to the federal …

Sovereignty, Self-Determination, And Environment-Based Cultures: The Emerging Voice Of Indigenous Peoples In International Law, Peter Manus

ExpressO

This article presents a survey of both the rhetoric and applications of international law addressing indigenous peoples' environmental rights. Part I assesses three terms that are widely used in international instruments - sovereignty, human rights, and self-determination - for their applicability to the environment-related interests of indigenous peoples. Part II presents a sixty year litany of international instruments as a means of tracing the evolution of global awareness of the uniquely vulnerable position that indigenous people occupy in the world community in connection with their environmental interests. Part III offers a comparative analysis of the cases Kitok v. Sweden and …

Petitioner's Observations On Canada's Additional Information, Jeffrey C. Tuomala

Faculty Publications and Presentations

No abstract provided.

Sounds Of Silence, Kenneth Lasson

All Faculty Scholarship

No abstract provided.

Nov. 23, 2005, A. Durbin, Foe, And D.Hunter, Ciel (Undated And Unauthored) Redline Edits On Psa 1, Ifc

IFC E&S Performance Standards

No abstract provided.

Sept 22, 2005 Draft Policy And Perf Standards For Public Release (Clean), Ifc

IFC E&S Performance Standards

No abstract provided.

Sept. 22, 2005, Ifc Consultation Advisory No.10, Ifc Releases Draft Policy, Ifc

IFC E&S Performance Standards

No abstract provided.

Sept. 22, 2005, Ifc, Draft Policy And Performance Standards (With Dh Side Comments), Ifc

IFC E&S Performance Standards

No abstract provided.

Sept. 22, 2005 Ifc Draft Background To The Updated Guidance Notes, Ifc

IFC E&S Performance Standards

No abstract provided.

Sept. 22, 2005, Ifc, Working Draft E&S Review Procedures, Ifc

IFC E&S Performance Standards

No abstract provided.

Performance Standard 4-Community Health And Safety Public Release Draft, Ifc

IFC E&S Performance Standards

No abstract provided.

Book Review, Ángel R. Oquendo

Journal of Legal Education

No abstract provided.

Book Review, Kal Raustiala

Journal of Legal Education

No abstract provided.

Towards A Development-Oriented Multilateral Framework On Competition Policy, Jae Sung Lee

ExpressO

No abstract provided.

Broken Borders: Decanas V. Bica, And The Standards That Govern The Validity Of State Measures Designed To Deter Undocumented Immigration, Joshua J. Herndon

ExpressO

No abstract provided.

Sept. 16, 2005, (Undated) Summary Note Covenant Compliance Certificates, Ifc

IFC E&S Performance Standards

No abstract provided.

Mara’Abe V. The Prime Minister Of Israel, Aharon Barak, Dorit Beinisch, Ayala Procaccia, Edmond E. Levy, Asher Grunis, Miriam Naor, Salim Joubran, Esther Hayut, Mishael Cheshin

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

According to orders by the military commander, a partition fence was erected that sorrounds the town of Alfei Menashe in all directions while leaving a road connecting the town to Israel. Several Palestinian villages are within the area surrounded by the fence. The fence cuts them off from the remaining areas of the West Bank and creates a landlocked cluster of villages on the …

Getting Around The Gatt: Passing Gatt-Legal Legislation To Protect Marine Living Resources, Brad L. Milkwick

ExpressO

The WTO has been called, among other things, anti-environment. This is due in large part to the position that GATT dispute settlement panels have taken on environment-friendly legislation—such legislation is often struck down as being unduly restrictive of trade and therefore unenforceable under the GATT/WTO agreement. For example, in three seminal disputes that were brought before the GATT (often referred to as the Tuna/Dolphin I, Tuna/Dolphin II, and Shrimp/Turtle disputes), GATT dispute settlement bodies “recommended” against the United States and in favor of the countries which were allegedly engaging in environmentally-destructive practices. This article looks at those recommendations in some …

Scholarly And Scientific Boycotts Of Israel: Abusing The Academic Enterprise, Kenneth Lasson

ExpressO

No abstract provided.

The International Review | 2005 Fall, Michael Rhee

The International Review Newsletter

Interpreting the U.S. Constitution via International Law?

Legal Efforts Against Terrorist Financing: Opportunities and Obstacles

The United Nations in Control of the Internet

Implosion of the Nuclear Nonproliferation Treaty

End of the European Union Constitution?

Law School: A cure for foreign competition?

While the U.S. barely passes the Central American Free Trade Agreement ...

... the outcome of ongoing WTO talks remains uncertain

Undermining the Kyoto Protocol?

A WTO open to the public?

An Appellate Mechanism For Review Of Arbitral Decisions In Investor - State Disputes: Prospects And Challenges, David A. Gantz

ExpressO

Current support for such an appellate mechanism is largely derived from Congressional and NGO concerns regarding certain arbitral decisions rendered under NAFTA’s Chapter 11, where questions as to the consistency of tribunal interpretation of investment rules have been raised. Incorporation of such a mechanism or mechanisms in free trade agreements and bilateral investment treaties is effectively required by the President’s 2002 “Trade Promotion Authority.” Negotiation and drafting of an agreement establishing such a mechanism will commence shortly (three months) after the United States – Central America – Dominican Free Trade Agreement enters into force, probably January 1, 2006. The article …

Sept.7, 2005, Ifc, Review Of Ifc Safeguards Policies, For Code Mtg, Ifc

IFC E&S Performance Standards

No abstract provided.

Breaking The Bank: Revisiting Central Bank Of Denver After Enron And Sarbanes-Oxley, Celia Taylor

ExpressO

No abstract provided.

The Wto Constitution: Tertiary Rules For Intertwined Elephants, Joel P. Trachtman

ExpressO

Constitutions have many dimensions. These dimensions include at least the following:

• an economic constitution in the sense of a set of rules for exchange of value and authority,

• an interfunctional constitution that allows for the integration of various social values,

• a political constitution that reflects the cultural and democratic integrity of a group of people,

• a legal and judicial constitution that provides rules for the making of other rules, and for determining supremacy and the scope of judicial application of rules,

• a human rights constitution that limits the sphere of governmental authority, and

• a …

Ubi Remedium, Ibi Ius At The Wto, Joel P. Trachtman

ExpressO

The WTO law of remedies for violation appears incoherent. States that fail to comply with their obligations are subject to WTO-authorized retaliation. First, this retaliation takes the inefficient form of blocked trade by the complaining state. This remedy is unlikely to be useful to developing countries. Second, the amount of trade blocked by the violation is often used as the measure of authorized retaliation. This measure is not necessarily incentive compatible, as it is not necessarily linked to welfare. Thus, its use may result in inefficient breach, or inefficient compliance, with WTO law. Third, only states that engage in dispute …

Internationalizing Post-Conflict Justice: The "Hybrid" Special Court For Sierra Leone, Lisa Danish

Buffalo Human Rights Law Review

No abstract provided.

Torture: A Collection, Bryn D. Powell

Buffalo Human Rights Law Review

Book review of Torture: A Collection, Sanford Levinson, ed.

Prosecuting Cases Of Gender Violence In The International Criminal Tribunal For Rwanda, Allison T.C. Milne

Buffalo Human Rights Law Review

No abstract provided.

Esrp 6_Direct Investments_Supervision, Ifc

IFC E&S Performance Standards

No abstract provided.