International Law Commons^™

April 30, 2006 Ifc, Sustainability Policy, E&S Performance Standards, And Information Disclosure Policy, Ifc

IFC E&S Performance Standards

No abstract provided.

April 30, 2006, Ifc, Draft, Consultation And Broad Community Support, Review Procedures, Ifc

CAO General 1999-Present

No abstract provided.

April 30, 2006, Consultation Advisory No. 14, New Ifc Sustainability Perf. Standards Now In Force, Lucie Giraud

IFC E&S Performance Standards

No abstract provided.

April 30, 2006, Ifc, Guidance Notes For New E&S Performane Standards, Ifc

IFC E&S Performance Standards

No abstract provided.

Hubungan Indonesia-Malaysia: Memerlukan Perspektif Dan Kebijakan Baru?, Zainuddin Djafar

Indonesian Journal of International Law

The relationship between Indonesia-Malaysia in 2005 and 2006 id quite problematic concerning three main issues: illegal migrant, illegal logging, and Ambalat’s dispute. Historically, there were disputes which broke up the relationship between the two countries in 1963 until 1966. Forty years later (1996-2006), three main issues occured, which have no correlation with formerly disputes. Those issues have become significant after Indonesia entered multidimensional crisis in 1997-1999 and the effects remain. At the other side, Malaysia has reached rapid growth in economic, business, manufacture, and financial in the last past seven years. These two realities of circumstances have become Indonesia and …

Globalisasi, Netwar, Dan Isu-Isu Strategis Di Asia Pasifik, Bantarto Bandoro

Indonesian Journal of International Law

Nowadays, globalization gives impact to security, either national or international because of developments of science, technology, and human movement. There are five main issue in international society as consequences of globalization, which are drugs dealer, small arms trafficking, infringement of intellectual property rights, people smuggling, and money laundering. Furthermore, there is new terminology, called netwar, which is occured because of the development of information technology and being used to break up the nationaland international security. Basically, a non-traditional security matter is not a new issue. It is just a local issue, which does not get public awareness but globalization has …

Indonesia Dan Komunitas Asean, Faustinus Andrea

Indonesian Journal of International Law

The article discusses the role of Indonesia in the ASEAN Community and its implications on political and security cooperation in the region. The ASEAN Community can be designed to form a new pattern of balance of power in the region. The leaders of the Southeast Asian countries realize that it is strategically important for ASEAN to establish a regional instrument to overcome the security challanges arising from new regional interactions. Indonesia with the establishment of ASEAN Security Community can play a role as an anchor of regional stability in the Asia Pacific through multilateral structure. This shoud be the priority …

Penegakan Rasa Aman Melalui Intervensi Kemanusiaan, Anna Erliyana

Indonesian Journal of International Law

When a state has no longer guaranteed the implementation of personal rights, social contract automatically will decease. The decease of social contract will cause the failing of state sovereignty. In this case, state is no longer has philosophic fundamental as supporting state. As a consequence of a state cannot protect its citizens’ rights, the enforcement of state sovereignty merely can be done through external hand; this is the part when the role humanity begins to play. Humanity intervention will automatically stop when the norm and humanity law are enforced in the state and social contract are reconstructed.

Otoritas Pemerintah Daerah Dalam Konteks Hukum Internasional Tinjauan Hukum Otonomi Daerah, Safri Nugraha

Indonesian Journal of International Law

The Development of Democracy principles in Indonesia has promoted the policy of regional autonomy based on regional interest. The policy of regional autonomy needs to be supported by legal infrastructure in order to provide the certainty of the legal principle and justice value. In relation to the recent global development, the international relationship particularly in term of economic and business field is significantly developed to the sophisticated situation. Therefore, it is highly important to do in depth research on the functions and the relations between the central and the regional authorities concerning on their competency to establish an international relationship. …

Hubungan Indonesia – Amerika Yang Tidak Mudah, Sayidiman Suryohadiprojo

Indonesian Journal of International Law

In this era of Globalization relation among states have become much more important than before. No nation can afford to isolate itself without harming its national interests. Among the relations of Indonesia with many nations in the world, relation with the US definitely belongs to the most important ones, many factors are bringing about this necessity, in particular geostrategic factors. However, Indonesia-US relations have never been an easy matter, ever since the proclamation of the Republic Indonesia in 1945. The US wants to influence developments in Indonesia, aiming to bring it on its side. Indonesia-US relations imporved in 1965 when …

Doing Deals In Japan: An Analysis Of Recent Trends & Developments For The U.S. Practitioner, Christopher T. Hines, Tatsuya Tanigawa, Andrew P. Hughes

ExpressO

This article examines the process which is currently being played out in Japan by: (i) analyzing the recent changes in Japanese law of relevance to M&A deals, (ii) discussing some recent contested deals in Japan that may shed some light on current market practices, and (iii) providing an overview of the key issues that a U.S. practitioner will likely face when working on a Japanese deal…A good starting point in better understanding the remarkable changes in the Japanese M&A markets is to review the recent amendments to Japanese law, certain policy initiatives by the functional regulators, and other guidelines issued …

The Lack Of Dissent In Wto Dispute Settlement: Is There A “Unanimity” Problem?, Meredith Kolsky Lewis

ExpressO

This article is the first piece of scholarship to analyze in detail the fact that there has been almost no dissent in World Trade Organization (WTO) dispute settlement reports. The article first examines the empirical data with respect to dissenting and concurring opinions at both the panel and Appellate Body levels. Fewer than five percent of panel reports and two percent of Appellate Body reports contain separate opinions of any kind. It second shows that the WTO is in fact actively discouraging dissents, and discusses why this might be the case. The article argues that dissents are valuable in general, …

Human Rights Enforcement In The 21st Century, Douglas L. Donoho

ExpressO

The international human rights system’s approach to enforcement and implementation of human rights has proven unrealistic in a world characterized by oppression, poverty and armed conflict. In this essay, I suggest that traditional approaches to enforcement, while serving some important functions, are inadequate to meet the challenge of effectively realizing human rights in the 21st Century. These inadequacies include a variety of institutional, conceptual and jurisprudential weaknesses, including: (1) failure to develop a coherent overall structure with institutions whose attributes are likely to promote the legitimacy of international decision-making and encourage state respect; (2) refusal to make important distinctions among …

Identity Theft And Consumer Protection: Finding Sensible Approaches To Safeguard Personal Data In The United States And Canada, Kamaal Zaidi

ExpressO

This paper examines identity theft in both the United States and Canada. Various examples of commercial fraud and scams are discussed in the context of a growing trend of identity thieves assuming identities of innocent consumers. As such, various pieces of legislation and consumer initiatives (involving online consumer complaint mechanisms)in U.S. and Canadian jurisdictions are highlighted to demonstrate the pursuit towards broader consumer protection of personal data used in daily commercial transactions. The author argues that these modern efforts to safeguard consumers from identity theft is a progressive measure that will continue to afford increasing protections for consumer personal data, …

Appeasing The International Conscience Or Providing Post-Conflict Justice: Expanding The Khmer Rouge Tribunal’S Restorative Role, Nema Milaninia

ExpressO

Three decades after the Cambodian civil war, the leaders of the Khmer Rouge will finally be brought before an internationalized domestic tribunal. While the majority of those most responsible have died off or received immunity for their conduct, the Khmer Rouge Tribunal has the historic possibility of reaffirming the importance of international criminal justice and providing an historical narrative of the crimes committed and victims created.

This commentary evaluates the importance of restoration in transitional justice and the importance victims and witnesses play in post-conflict justice. This article will argue that previous post-conflict remedies required a balance of restorative and …

Don’T Get Bit: Addressing Icsid’S Inconsistent Application Of Most-Favored-Nation Clauses To Dispute Resolution Provisions, Gabriel Egli

ExpressO

No abstract provided.

Imperialism, Colonialism And International Law, James Gathii

ExpressO

This paper makes an original contribution by unearthing the relationship between imperialism and colonialism in nineteenth century international law. My exploration of the relationship between imperialism and colonialism concretely demonstrates how international legal doctrines surrounding British protectorates of the nineteenth century did not distinguish between imperialism as represented by the introduction of rules and practices of English private and business law into the colonies, on the one hand, and colonialism particularly as exemplified by rules of acquisition of title to territory, on the other. The introduction of English rules of property, tort and contract in the protectorate however went beyond …

A Comparative Analysis Of Human Rights Laws In The United States And Australia, Emily F. Chalifoux

Honors Theses

Discrimination does not make good business sense; it causes tension and a decrease in productivity. Even though human rights laws vary from country to country, conforming with these laws makes business more cohesive and productive. Some of the many benefits include:

• Increase the pool of potential employees and, therefore, the chances of getting the best person for the job,

• Build morale and productivity of employees

• Minimize complaints, disruptions and legal wrangles, leaving employees to focus on their work, and

• Add to the bottom line and build the company's reputation in the community.

The purpose of this paper is to analyze …

The Sosa Decision, Jeffrey P. Saxon

ExpressO

The manner in which international law is applied by the domestic courts of the United States has been an issue without any definitive boundaries since 1789. It is unclear as to the type and extent of international law that could be brought as a cause of action inside the United States for events that occurred outside its borders. The landmark case of Sosa v. Alvarez-Machain, decided by the Supreme Court in 2004, has changed the landscape in this area. This decision will alter the field of domestic enforcement of international law by making it exceedingly difficult for an non-citizen to …

Book Review Of Disability Rights In Europe: From Theory To Practice, Michael Ashley Stein

Popular Media

No abstract provided.

Analyzing The International Criminal Court Complementarity Principle Through A Federal Courts Lens, Ada Y. Sheng

ExpressO

The signing of the Rome Statute that created the International Criminal Court (ICC) was viewed by many in the international law community as a constitutional moment not unlike the passage of the Judiciary Act of 1789. In giving birth to a new type of legal institution, however, the Rome Statute created a void in the ability of any existing body of law to precisely convey the nature of the ICC. The Court is neither in a direct vertical nor horizontal relationship to State courts, with the result that traditional international or national legal norms do not apply. The UN referral …

Title Ix Versus Candian Human Rights Legislation: How The United States Should Learn From Canada's Human Rights Act In The Context Of Sexual Harassment In Schools, Brianne I. Weiss

ExpressO

This Article critically examines the success of Title IX in eradicating sexual harassment in educational settings after the Supreme Court decisions in Gebser v. Lago and Monroe v. Davis. Regrettably, the high bar for recovery established by these cases, in addition to poor administrative enforcement of Title IX have eroded its ability to maintain discrimination-free schools. After an examination of the manner in which the Canadian human rights model operates in the context of sexual harassment in educational settings, recommendations are made that the United States should use the Canadian example to improve its own system. Specifically, the United States …

Reconsidering The Law Of Democracy: Of Political Questions, Prudence, And The Judicial Role, Luis Fuentes-Rohwer

William & Mary Law Review

In Vieth v. Jubelirer, the U.S. Supreme Court seemed poised to offer its definitive position on political gerrymandering questions. Yet the Court splintered along familiar lines and failed to offer an unequivocal answer. This Article focuses on the Court's plurality opinion, and particularly on its conclusion that judicially manageable standards are wanting in this area. This conclusion is implausible and masks the real question at the heart of the case. The Vieth plurality is best understood by examining the Court's political and prudential concerns as cabined by the political question doctrine. One understanding is simply that the plurality is making …

Any Place For Ethnicity? The Liberal State And Immigration, David Abraham

ExpressO

When it comes to immigration, almost all liberal states are faced with the contradiction between their universalist principles and the real affinities they feel for ethnic kinsmen. This review essay (4000 words) addresses the different ways a number of liberal democracies have handled this dilemma.

The New South Wales Carers’ Responsibilities Act, Workplace Flexibility 2010, Georgetown University Law Center, Georgetown Federal Legislation Clinic

Memos and Fact Sheets

Enacted in 2001, the New South Wales Carers’ Responsibilities Act (“CRA”) prohibits discrimination against employees with caregiver responsibilities and provides access to reasonable flexible work arrangements. Under this law, employees have the right to request accommodations for their carer responsibilities, and employers have an affirmative obligation to consider and grant reasonable accommodations that do not impose an unjustifiable hardship. The affirmative accommodation requirement extends to requests for flexible working hours, working from home (telecommuting), part-time work, and job-share arrangements.

Terrorism And Asylum Seekers: Why The Real Id Act Is A False Promise, Marisa S. Cianciarulo

Working Paper Series

The Real ID Act, passed on May 11, 2005, is the first post-September 11 antiterrorism legislation specifically to target a group of vulnerable individuals to whom the United States has historically granted protection: asylum seekers. The passage of the Real ID Act led asylum advocates to wring their hands in despair and immigration restrictionists to clap their hands in glee. This Article argues that both sides of the debate may have been justified in their reactions, but not because of the immediate chilling impact on asylum that they seem to expect. With regard to requirements for establishing asylum eligibility, the …

New International Human Rights Standards On Unauthorized Immigrant Worker Rights: Seizing An Opportunity To Pull Governments Out Of The Shadows, Beth Lyon

Working Paper Series

Governments cannot ignore international human rights standards for unauthorized migrant workers forever. This chapter presents a call for comparative work on the issue of the legal regimes affecting unauthorized immigrant workers in order to bring governments into greater awareness and compliance with their obligations to unauthorized immigrant workers.

Global illegal migration by laborers seeking economic opportunities is expanding, resulting in an increasing number of migrants in every country who are working in violation of immigration laws. Unauthorized immigrant workers are numerous enough to form a recognizable group in every major world economy, because most receiving countries have immigration laws that …

Trust Funds In Common Law And Civil Law Systems: A Comparative Analysis, Carly Howard

University of Miami International and Comparative Law Review

No abstract provided.

The Emergence Of Positive Obligations In Bilateral Investment Treaties, Joshua Robbins

University of Miami International and Comparative Law Review

No abstract provided.

Hostis Humani Generi: Piracy, Terrorism And A New International Law, Douglas R. Burgess Jr.

University of Miami International and Comparative Law Review

No abstract provided.