International Law Commons^™

War On The Enemy: Self-Defence And State-Sponsored Terrorism, Jackson N. Maogoto

ExpressO

In the international law system, internal mechanisms are the appropriate responses to terrorist acts through domestic criminal law. The weakness of domestic criminal law is however evident in the face of transnational terrorists groups whose scope spreads across many borders. The challenge is compounded when States actively or passively support terrorism. Though traditionally State responsibility has been the vehicle through which pressure is exerted on States sponsoring terrorism, the lethal capabilities of terrorists demonstrated by the September 11, 2001 attacks has fundamentally changed the landscape. The consequences of breaches arising out of a failure by a State to effectively curtail …

A Giant Without Limbs: The International Criminal Court’S State-Centric Cooperation Regime, Jackson N. Maogoto

ExpressO

The International Criminal Court is one of the great international institutions in mankind’s history with the potential to reconfigure significant aspects of the international system with regard to criminal jurisdiction. But like the international penal institutions before it, the success of the ICC revolves around international cooperation. An institutional check on the ICC’s power is that it will have to work through States. States Parties will be asked to arrest and surrender suspects, investigate and collect evidence, extend privileges and immunities to ICC officials, protect witnesses, enforce ICC orders for fines and forfeiture and, at times, prosecute those who have …

America’S War On Terror: Rattling International Law With Raw Power? , Jackson N. Maogoto

ExpressO

The need for more dramatic targets has led to the new and somewhat exaggerated emphasis on a unilateral right of pre-emptive self-defence by the United States. What is most striking about the new US policy is that it portrays state-sponsored terrorism and rogue states possessing weapons of mass destruction as a new problem, and unilateral action as the only way of dealing with them. It is dangerous to marginalise the UN and increase the role of multilateral global coalitions or unilateral action in policing “evil-doing” as this has the potential to supplant what initially was designed as the role of …

Contemporary Private Military Firms Under International Law: An Unregulated “Gold Rush”, Jackson N. Maogoto

ExpressO

The Article addresses the legal issues raised by the ascendance of contemporary Private Military Firms. This article has as its aim an exploration of the thorny legal issues raised by the commodification of force. It discusses the nature of the contemporary PMF noting that it bears vestiges of yester year mercenaries. It then grapples with their uncertain status under international law despite the fact that they potentially pose problems for state authority and the direct control of states over the use of force. At the heart of the argument is the reality that PMFs maintain the ability to inflict violence …

Walking An International Tightrope: Use Of Military Force To Counter Terrorism, Jackson N. Maogoto

ExpressO

The UN Charter reflects the drafters’ singular focus on creating a political system to govern conflicts between states. It does not directly address the subtler modes in which terrorists began to operate in the post-World War II period. The drafters did not contemplate the existence of international terrorists nor their tenacity and access to technology. In view of the fact that terrorist groups appear to have reached a global sophistication, there is little doubt that international terrorism presents a threat with which traditional theories for the use of military force are inadequate to deal with, and were not contemplated when …

May 3, 2006, Forest Peoples Program, Preliminary Assessment Of Ifc's New Safeguard Framework, Forest People Program

IFC E&S Performance Standards

No abstract provided.

Is Humanity Enough? The Secular Theology Of Human Rights, Peter Fitzpatrick

Human Rights & Human Welfare

© Peter Fitzpatrick. All rights reserved.

This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or cited without express permission of the author. The editors cannot guarantee a stable URL for any paper posted here, nor will they be responsible for notifying others if the URL is changed or the paper is taken off the site. Electronic copies of this paper may not be posted on any other website without express permission of the author.

Saddam Hussein's Trial In Iraq: Fairness, Legitimacy & Alternatives, A Legal Analysis, Christian Eckart

Cornell Law School J.D. Student Research Papers

The paper focuses on Saddam Hussein’s trial in front of the Iraqi High Criminal Court in Baghdad. After providing an overview of the facts surrounding the court’s installation, the applicable international law is identified and the fairness and legitimacy of the current proceedings are analyzed. The paper finishes by considering whether the trial should be relocated and addresses alternative venues that could have been chosen to prosecute Iraq’s ex-dictator.

May, 2006, Cao- Strategic Planning Retreat, Advisors Group Meeting Draft Agenda, Cao

CAO General 1999-Present

No abstract provided.

Money Talks: The Influence Of Economic Power On The Employment Laws And Policies In The United States And France, Carole A. Scott

San Diego International Law Journal

Money talks. Money changes everything. There is nothing money cannot buy. These are all familiar phrases used to describe the desirable, and undesirable, effects of money. Money can also mean power, and more specifically, economic power. Indeed, economic power is becoming an increasingly important concept for a wide range of academic disciplines. For example, the concept of economic power has heavily influenced a new theory of international relations, namely globalization. Many globalization theorists argue that economic power is replacing military power in global politics. Other scholars contend that globalization is creating a new world order where economics are the central …

Litigating Child Recruitment Before The Special Court For Sierra Leone, Noah B. Novogrodsky

San Diego International Law Journal

In May 2004, the Special Court for Sierra Leone issued a landmark decision finding that an individual may be held criminally responsible for the offense of recruiting child soldiers into armed conflict. As a hybrid tribunal established by the United Nations and the Government of Sierra Leone to try those who "bear the greatest responsibility" for serious violations of international humanitarian law committed during the country's civil war after November 1996, the Special Court is the first international criminal body to indict a person for the crime of recruiting and employing children in war. The decision in the case of …

Brief Of The University Of Toronto International Human Rights Clinic As Amicus Curiae To The Special Court For Sierra Leone, Noah B. Novogrodsky

San Diego International Law Journal

This brief addresses three questions: 1) the illegality of recruiting child soldiers into armed conflict; 2) the application of penal sanctions in international humanitarian law; and 3) the proper application of the principle of nullum crimen sine lege. Part I of our argument will establish that the recruitment of children into armed conflict is and was unquestionably a violation of international humanitarian law at the time the alleged offences took place. Part II will explain when international law permits prosecution of violations of international humanitarian law irrespective of whether penal sanctions are attached. Amici conclude that such prosecutions are permitted …

The Obligation To Use Force To Stop Acts Of Genocide: An Overview Of Legal Precedents, Customary Norms, And State Responsibility, Joshua M. Kagan

San Diego International Law Journal

Though the Genocide Convention was created to "liberate mankind from [the] odious scourge" of genocide, the dreams of its drafters have still not come to fruition. The commission of genocide, widely considered the most appalling of all crimes, did not end with the signing and ratification of the Convention in 1948. Genocide continues in the world today. While its sentiments were noble and its aims commendable, the Genocide Convention as it is interpreted and applied today is insufficient to stop the commission of genocide in the world. In order to rid the world of this crime, a new interpretation of …

Trips: With A Painful Birth, Uncertain Health, And A Host Of Issues In China, Where Lies Its Future, Allan Segal

San Diego International Law Journal

In recent decades, the United States and other western nations have used pragmatic and theoretical reasons to justify a strong, global intellectual property ("IP") regime. From a practical perspective, economically mature nations clearly have a direct, vested interest in preventing the piracy of patented goods and ensuring that their domestic agendas maximize financial protection for inventions or creations. Nevertheless, the supranational disregard of patent protection and IP piracy has a financial impact on numerous companies, as well as the taxpaying citizens, in developed countries. These disparate foundations for basic IP rights result in a haphazard theoretical grounding to the Agreement …

Active Water Resource Management: Tools For Better Water Management, John D'Antonio

Publications

No abstract provided.

Water For Energy In The Southwest: Finding Water For Mohave, Stanley M. Pollack

Publications

No abstract provided.

Water For Energy In The Southwest: Where Will It Come From?, Marilyn C. O'Leary

Publications

No abstract provided.

Christiane Wilke On Global Justice Or Global Revenge? International Criminal Justice At The Crossroads By Hans Köchler. New York: Springer, 2003., Christiane Wilke

Human Rights & Human Welfare

A review of:

Global Justice or Global Revenge? International Criminal Justice at the Crossroads by Hans Köchler. New York: Springer, 2003.

May 2006, Cao- Strategic Planning Retreat, Advisors Group Meeting Draft Agenda(Annotated), Cao

CAO General 1999-Present

No abstract provided.

The Power Of The Well-Known Trademark: Courts Should Consider Article 6bis Of The Paris Convention An Integrated Part Of Section 44 Of The Lanham Act, Brandon Barker

Washington Law Review

The Paris Convention for the Protection of Industrial Property outlines important international trademark principles for its signatory nations, including the United States. Specifically, article 6bis of the Paris Convention creates the well-known marks doctrine, a provision that allows foreign owners of well-known trademarks to bring infringement actions against citizens of other member nations using the same or similar trade names. Such foreign trademark holders can assert these rights regardless of whether their mark is directly used or registered in the native country of the alleged infringer. Although the Paris Convention provides a list of trademark rights within its articles, the …

Foreword, Leslie A. Robinson

San Diego International Law Journal

This issue of the San Diego International Law Journal contains articles spanning a wide range of topics in international and comparative law. David Barnum cogently discusses the history of the "clear and present danger" test in the United States, and its increasing role in cases involving the advocacy of unlawful action before the European Court of Human Rights. This topic is of particular relevance today, as the war on terror requires us to make difficult choices in balancing protection of Constitutional liberties with national security. Jae Sung Lee explores the proposed multilateral framework on competition policy from the perspective of …

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

San Diego International Law Journal

The 1982 United Nations Convention on the Law of the Sea (LOSC) is a successful attempt by the international community to codify and unify the law of the sea. After long negotiations, the LOSC opened for signature at the Third United Nations Conference on the Law of the Sea (UNCLOS III) in 1982. Together with its two formal associations, the Part XI Implementation Agreement 1994 and the Straddling and Migratory Fish Stocks Agreement 1995, it is regarded as one of the most comprehensive documents ever adopted by the international community. The LOSC not only succeeded in addressing all topics covered …

The Interrelation Between The Law Of The Sea Convention And Customary International Law, Martin Lishexian Lee

San Diego International Law Journal

The 1982 United Nations Convention on the Law of the Sea (LOSC) is a successful attempt by the international community to codify and unify the law of the sea. After long negotiations, the LOSC opened for signature at the Third United Nations Conference on the Law of the Sea (UNCLOS III) in 1982. Together with its two formal associations, the Part XI Implementation Agreement 1994 and the Straddling and Migratory Fish Stocks Agreement 1995, it is regarded as one of the most comprehensive documents ever adopted by the international community. The LOSC not only succeeded in addressing all topics covered …

The Clear And Present Danger Test In Anglo-American And European Law, David G. Barnum

San Diego International Law Journal

This Article will examine the role that the danger test has played in the decisions of American courts and, more recently, in the decisions of British courts and the enforcement organs of the European Convention. Part I will briefly trace the immediate Anglo-American constitutional background from which the danger test emerged. It particular, it will examine the way in which the common law offense of seditious libel was defined by British judges and judicial commentators in the late nineteenth century. Part II will focus on the evolution in American law of judicial attempts to articulate both a "content-based" and an …

Public Trust And Political Legitimacy: Conflict Of Interests And The Role Of The Parliament's Speaker In Israel And Europe, Lior Zemer, Eyal Kimel, Sharon Pardo

San Diego International Law Journal

In its six sections, this Article examines the role of Speakers, the nexus between their many duties and powers, possible points of conflict among their different duties, as well as the connection between their official duties and personal interests. This Article takes the role of the Speaker of the Israeli Parliament as its organizing principle. Sections Two and Three discuss the constitutional underpinnings of conflicts of interest and the way in which these apply to Members of the Knesset. Section Four takes the Israeli Speaker as a test case and explores in greater details the many flaws and conflicts inherent …

Circumventing The Supremacy Clause? Understanding The Constitutional Implications Of The United States' Treatment Of Treaty Obligations Through An Analysis Of The New York Convention, Amber A. Ward

San Diego International Law Journal

The United States participation in treaties and other international agreements is becoming more necessary and an increasingly prevalent occurrence as a result of globalization. The rapid pace of technological innovation and more effective means of transportation have caused our world to shrink, making countries even more interconnected. The corresponding explosion of international business and commercial transactions has resulted in high levels of risk and uncertainty due to a complex mix of laws, monetary factors, politics and cultures that vary across countries. For global players, it has become essential to have international agreements that can mitigate the risks inherent in international …

The Right Of Publicity: Recovering Stolen Identities Under International Law, Emily Grant

San Diego International Law Journal

This Article proceeds from the assumption that the claims just hypothesized ought to be universally recognized to entitle a celebrity to an action for infringement of his or her right of publicity. It surveys the possibilities for protection of the right of publicity under current international intellectual property law. First, it briefly describes the American right of publicity doctrine as well as the policy shortcomings of the American doctrine and points out the lack of explicit protection for the right in other countries. It next explores the foundations of the right of publicity through a triptych of doctrines - including …

Biopiracy And Beyond: A Consideration Of Socio-Cultural Conflicts With Global Patent Policies, Cynthia M. Ho

University of Michigan Journal of Law Reform

This Article provides afresh and multi-dimensioned approach to a long-standing claim of biopiracy patents made by developing countries and communities. The basic principles of patent law and policy are first established to provide a foundation from which to evaluate the claim that genetic resources and traditional knowledge from developing countries are being misappropriated in a variety of ways that are loosely referred to as biopiracy. The Article distinguishes rhetoric from reality in examining biopiracy allegations from the perspective of national patent laws, as well as international agreements. In addition, the Article explains the underlying conflicts, misconceptions, and historical biases that …

Unreal Estate: The Men Who Sold The Moon / By Virgiliu Pop, James A. Yedda

Journal of Space Law

No abstract provided.

Carousel Fraud In The Eu: A Digital Vat Solution, Richard Thompson Ainsworth

Faculty Scholarship

Recent reports from the UK's Office for National Statistics estimate (as of May 11, 2006) that Missing Trader Intra-community Fraud (MTIC) may exceed 10 billion pounds this year.

Carousel fraud, a variant of MTIC where the same goods are sold over and over again, exploits the lingering non-certified, non-digital attributes of the EU VAT. The UK believes that carousel fraud cost the Exchequer between 1.12 and 1.9 billion pounds in the 2004-05 financial year. This article proposes that carousel fraud be eliminated in the EU through selective insertion of Digital VAT functionality into the present system. In other words, it …