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International Law Commons™

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2006

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Institution
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Articles 421 - 450 of 1006

Full-Text Articles in International Law

Transitional Justice: Postwar Legacies, Ruti Teitel Feb 2006

Transitional Justice: Postwar Legacies, Ruti Teitel

Cardozo Law Review

No abstract provided.

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Remarks, Richard W. Sonnenfeldt Feb 2006

Remarks, Richard W. Sonnenfeldt

Cardozo Law Review

No abstract provided.

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Reappraising The Nuremberg Trials And Their Legacy: The Role Of Victims In International Law, Yael Danieli Feb 2006

Reappraising The Nuremberg Trials And Their Legacy: The Role Of Victims In International Law, Yael Danieli

Cardozo Law Review

No abstract provided.

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Essay: The Romance Of Nuremberg And The Tease Of Moral Justice, Thane Rosenbaum Feb 2006

Essay: The Romance Of Nuremberg And The Tease Of Moral Justice, Thane Rosenbaum

Cardozo Law Review

No abstract provided.

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White Man's Justice: Applying International Justice After Regional Third World Conflicts, David M. Crane Feb 2006

White Man's Justice: Applying International Justice After Regional Third World Conflicts, David M. Crane

Cardozo Law Review

No abstract provided.

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Chicken Flu For The International Soul: Understanding And Applying International Infectious Disease Regulations, Timothy J. Miano Jan 2006

Chicken Flu For The International Soul: Understanding And Applying International Infectious Disease Regulations, Timothy J. Miano

ExpressO

No abstract provided.

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The Elusive Promise: Northern Ireland And The Quest For Peace; An Examination Of The Peace Process, Joseph E. Fahey Jan 2006

The Elusive Promise: Northern Ireland And The Quest For Peace; An Examination Of The Peace Process, Joseph E. Fahey

ExpressO

"The Elusive Promise:Northern Ireland and the Quest for Peace; An Examination of the Peace Process" is a comprehensive analysis of the Peace Process, the various institutions, enactments, and court decisions concerning the issues of arms decommissioning, parmilitary groups, and political parties in Northern Ireland from the date of the Good Friday Agreement to December 31, 2005

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The Role Of Reservations And Declarations Before The Inter-American Court Of Human Rights: The Las Hermanas Serrano Cruz Case And The Future Of Inter-American Justice, Jessica L. Tillson Jan 2006

The Role Of Reservations And Declarations Before The Inter-American Court Of Human Rights: The Las Hermanas Serrano Cruz Case And The Future Of Inter-American Justice, Jessica L. Tillson

ExpressO

Las Hermanas Serrano Cruz is a landmark case in the jurisprudence of the Inter-American Court of Human Rights because it excludes a large body of arguably valid claims from meaningful adjudication within the inter-American system. In the Las Hermanas Serrano Cruz decision on preliminary objections, the Court upheld El Salvador’s restriction to rationae temporis. Although the State’s restriction was improper both substantively and procedurally, the Court held it to be valid under the American Convention on Human Rights by misclassifying it as a declaration rather than a reservation. This mistake not only proved detrimental to the Las Hermanas Serrano Cruz …

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Superstition-Based Injustice In Africa And The United States: The Use Of Provocation As A Defense For Killing Witches And Homosexuals, Jennifer Dumin Jan 2006

Superstition-Based Injustice In Africa And The United States: The Use Of Provocation As A Defense For Killing Witches And Homosexuals, Jennifer Dumin

ExpressO

This Article examines two different instances where strong cultural and religious beliefs suggest that an individual is justified in taking another’s life. Focusing primarily on South Africa and the United States, it argues that the rationale used to defend those who kill suspected witches and those who kill suspected homosexuals is the same – merely because a criminal holds a belief that the victim is evil, the criminal is somehow entitled to a lesser punishment. In the United States, those who readily recognize the absurdity of the witchcraft defense may have some difficulty in recognizing the same level of absurdity …

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Anti-Competitive Practices As Trade Barriers In Korean And Japanese Intellectual Property Markets, Eun Sup Lee Jan 2006

Anti-Competitive Practices As Trade Barriers In Korean And Japanese Intellectual Property Markets, Eun Sup Lee

ExpressO

This article shows that anti-competitive practices as trade barriers in intellectual property markets of the two countries have almost identical characteristics. Considering the over-all economic situations of the two countries, this result implies that regulation on intellectual property markets is deeply affected by social or cultural factors as well. As viewed by international standards, the two countries' cultural backgrounds are almost identical, which makes their governments' policy objectives for their intellectual property market regulations very similar in their characteristics. Those policy objectives may come from the cultural atmosphere of the two countries to regard principally the intellectual property rights as …

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Principles Of Fairness For International Economic Treaties: Constructivism And Contractualism, John Linarelli Jan 2006

Principles Of Fairness For International Economic Treaties: Constructivism And Contractualism, John Linarelli

ExpressO

No legal system deserving of continued support can exist without an adequate theory of justice. This paper is about the elaboration of a theory of justice to underpin international economic law and international economic institutions. A world trade constitution cannot credibly exist without a clear notion of justice upon which to base a consensus. There is yet no consensus on the public reason underpinning the rules and the institutions. Economic efficiency concepts are widely used in the assessment of the welfare effects of world trade institutions and policies. Efficiency, however, is one of several standards that may be used, but …

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The U.S. And The International Criminal Court (Icc), Paul R. Rickert Jan 2006

The U.S. And The International Criminal Court (Icc), Paul R. Rickert

Faculty Publications and Presentations

This paper is a discussion of the notable issues the U.S. points out regarding the Rome Treaty, the treaty establishing the International Criminal Court.

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Brief For Petitioner Salim Ahmed Hamdan, Hamdan V. Rumsfeld, No. 05-184 (U.S. Jan. 6, 2006), Neal K. Katyal Jan 2006

Brief For Petitioner Salim Ahmed Hamdan, Hamdan V. Rumsfeld, No. 05-184 (U.S. Jan. 6, 2006), Neal K. Katyal

U.S. Supreme Court Briefs

No abstract provided.

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Agreeing To Disagree: Cultural Relativism And The Difficulty Of Defining Terrorism In A Post-9/11 World, Sami Zeidan Jan 2006

Agreeing To Disagree: Cultural Relativism And The Difficulty Of Defining Terrorism In A Post-9/11 World, Sami Zeidan

UC Law SF International Law Review

Paradoxically, in a post-9/11 world where there is an unprecedented international joint response to counter-terrorism, there is still no universal, permanent and comprehensive definition of terrorism. This essay exposes the legal and political issues arising from the tension created between the universal agreement to coordinate counter-terrorism efforts on the one hand, and the proliferation of culturally relativistic definitions of terrorism on the other.

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France: Banning Legal Pluralism By Passing A Law, Jessica Fourneret Jan 2006

France: Banning Legal Pluralism By Passing A Law, Jessica Fourneret

UC Law SF International Law Review

On March 15, 2004, French president Jacques Chirac enacted a law prohibiting public school students from wearing clothing and insignia that manifests a religious affiliation. The clear aim of the law was to prohibit female Muslim students from wearing headscarves to public schools. Critics of the ban state that wearing the headscarf is a Muslim woman's religious duty, akin to a law she must follow. This article explores the Western system of laws and the conflict between that system and religious belief systems which impose differing sets of laws. The author examines the impossible choice imposed on school-aged children as …

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Farmers In The Ip Wrench - How Patents On Gene-Modified Crops Violate The Right To Food In Developing Countries, Peter Straub Jan 2006

Farmers In The Ip Wrench - How Patents On Gene-Modified Crops Violate The Right To Food In Developing Countries, Peter Straub

UC Law SF International Law Review

Patented gene-modified crop seeds have a growing impact on how farming is done in the countries where they are sold and used. Modem patent regimes make all plants and plant material containing modified gene-material subject to the intellectual property rights of transnational corporations. Farmers are then faced with the choice of either entering into licensing agreements, or becoming patent infringers-with all the legal consequences-by marketing the fruits of their labor. This article examines how socioeconomic rights-especially the right to food as defined by Article 11.2 of the International Covenant on Economic, Social and Cultural Rights (CESCR)-of small-hold subsistence farmers in …

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A Comparative Look At The Right To Refuse Treatment For Involuntary Hospitalized Persons With A Mental Illness, Jennifer Fischer Jan 2006

A Comparative Look At The Right To Refuse Treatment For Involuntary Hospitalized Persons With A Mental Illness, Jennifer Fischer

UC Law SF International Law Review

The issues surrounding the legal responsibility of caring for and maintaining a person with a mental illness go back almost 2500 years. There has been considerable debate about the questions of involuntary hospitalization and the right to refuse treatment in the past few decades, especially in North America and Western Europe. As the importance of mental health and rights of persons with mental disabilities take on greater significance internationally, however, the debate is moving to the rest of the world. The objective of this article is to look at the various perspectives in the current debate and at how different …

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Russian Web Sites Jeopardize U.S. Users: The Dangers Of Importing Copyrighted Material Over The Internet, James Chapman Jan 2006

Russian Web Sites Jeopardize U.S. Users: The Dangers Of Importing Copyrighted Material Over The Internet, James Chapman

UC Law SF International Law Review

Russian web sites offer electronic versions of copyrighted music over the Internet for pennies a song. Protected by international borders and favorable domestic legal constraints, these Russian music distributors sell songs at much lower prices and without anti-piracy protections. The web sites claim the right to sell the music under Russian law, and unknowing purchasers are buying music believing they have finally found a cheap, legal, and moral alternative to domestic vendors and P2P networks. However, common misunderstandings of the copyright law may be placing purchasers of music from these Internet sites in danger of criminal and civil sanctions. This …

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Queer Refuge: A Review Of The Role Of Country Condition Analysis In Asylum Adjudications For Members Of Sexual Minorities, Arwen Swink Jan 2006

Queer Refuge: A Review Of The Role Of Country Condition Analysis In Asylum Adjudications For Members Of Sexual Minorities, Arwen Swink

UC Law SF International Law Review

More than 80 countries around the world have laws criminalizing sexual activity between consenting adults of the same sex. Physical and sexual abuse, harassment, detention, and extortion by police are common means of enforcing these laws. For many LGBT people who have been subjected to or who rightly fear persecution, political asylum may offer hope of protection, but the asylum process is not without its pitfalls. This article seeks to explore some of the difficulties the asylum adjudication process may pose for LGBT people seeking refuge from persecution. Specifically, this article addresses the various ways in which asylum adjudicators in …

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The Emergence Of The Hellenic Deliberative Ideal: The Classical Humanist Conception Of Comparative Law, Richard Brooks Jan 2006

The Emergence Of The Hellenic Deliberative Ideal: The Classical Humanist Conception Of Comparative Law, Richard Brooks

UC Law SF International Law Review

Modern comparative law is based upon the failed Enlightenment premise of comparative law as legal science. Awareness of the earlier writings of Hellenic historians, philosophers, rhetoricians, and dramatists suggest that comparative law should be conceived as a process of political deliberation. Herodotus, Thucydides, and Polybius suggest how history frames the choices which comparativists must make. Aristotle and Plato demonstrate how to deliberate about conflicting laws and legal regimes. The rhetorician, Isocrates, argues for rhetoric to be brought to bear on the debates about different legal regimes. The Greek dramatists portray the anguish and regret which necessarily follows the final choice …

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The Delta's Perennial Drought: Instream Flows For An Over-Allocated River, Michael Cohen Jan 2006

The Delta's Perennial Drought: Instream Flows For An Over-Allocated River, Michael Cohen

Global Business & Development Law Journal

No abstract provided.

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Whose Law Is It Anyway? The Cultural Legitimacy Of International Human Rights In The United States, Elizabeth M. Bruch Jan 2006

Whose Law Is It Anyway? The Cultural Legitimacy Of International Human Rights In The United States, Elizabeth M. Bruch

Law Faculty Publications

No abstract provided.

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El Convenio Terrorism Nuclear: Seran Clasificados Los Detenidos Como "Combatientes Enemigos" Por Los Estados Unidos?, Heather R. Demner Jan 2006

El Convenio Terrorism Nuclear: Seran Clasificados Los Detenidos Como "Combatientes Enemigos" Por Los Estados Unidos?, Heather R. Demner

ILSA Journal of International & Comparative Law

Mientras las imigenes de los recientes bombardeos producidos en ferrocarriles subterfineos y autobuses en Londres el 7 de julio del 2005 aparecen en peri6dicos y estaciones de noticias alrededor del mundo, la comunidad intemacional revive las imigenes atroces de los atentados terroristas del once de septiembre contra las torres gemelas de Nueva York hacidndoles recordar que la amenaza del terrorismo no ha desaparecido.'

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Enhancing Accountability At The International Level: The Tension Between International Organization And Member State Responsibility And The Underlying Issues At The Stake, Ralph Wilde Jan 2006

Enhancing Accountability At The International Level: The Tension Between International Organization And Member State Responsibility And The Underlying Issues At The Stake, Ralph Wilde

ILSA Journal of International & Comparative Law

Since 1945, international organizations have come to play a major role in international and national affairs. All states (apart from the Vatican City) are members of the United Nations and subject to the binding resolutions of the Security Council, such as the series of resolutions imposing a broad range of obligations relating to activities prescribed as 'terrorist';' many states are subject to the jurisdiction of international courts and tribunals, from the WTO dispute settlement process to the International Tribunal on the Law of the Sea

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Filling The Void: Providing A Framework For The Legal Regulation Of The Military Companent Of The War On Terror Through Application Of Basic Principles Of The Law Of Armed Conflict, Professor Geoffrey S. Corn Jan 2006

Filling The Void: Providing A Framework For The Legal Regulation Of The Military Companent Of The War On Terror Through Application Of Basic Principles Of The Law Of Armed Conflict, Professor Geoffrey S. Corn

ILSA Journal of International & Comparative Law

In 1961, the Supreme Court of the United States held in Mapp v. Ohio' that the Fourteenth Amendment to the United States Constitution required imposition of the exclusionary rule for evidence improperly seized by State officials.

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U.N. Reform And The International Court Of Justice: Introductory Statement, Ambassador Andrew Jacovides Jan 2006

U.N. Reform And The International Court Of Justice: Introductory Statement, Ambassador Andrew Jacovides

ILSA Journal of International & Comparative Law

It is customary during anniversaries to devote some attention to introspection and stock taking. Looking back at my own writings on the subject of U.N. reform (during the fortieth, the fiftieth and now the sixtieth anniversary in 1985, 1995 and this year), I confirmed my long held conviction that the United Nations is indispensable and its Charter, in its basic provisions, has stood the test of time.

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Political Conflict And Freedom Of Expression In Venezuela, Ambassador Bernardo Alvarez Herrera Jan 2006

Political Conflict And Freedom Of Expression In Venezuela, Ambassador Bernardo Alvarez Herrera

ILSA Journal of International & Comparative Law

Good morning. Thank you for inviting me to speak on this important subject. First off, let me start by saying that contrary to popular belief, the freedom of expression and the press are alive and well in Venezuela.

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Nulclear Non-Proliferation And Unique Issues Of Compliance, Gustavo R. Zlauvinen Jan 2006

Nulclear Non-Proliferation And Unique Issues Of Compliance, Gustavo R. Zlauvinen

ILSA Journal of International & Comparative Law

Christopher Ford just spoke about compliance assessment and compliance enforcement, which are two concepts very inter-related and essential to non- proliferation.

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American Wartime Values In Historical Perspective: Full-Employment Mobilization Or Business As Usual, Timothy A. Canova Jan 2006

American Wartime Values In Historical Perspective: Full-Employment Mobilization Or Business As Usual, Timothy A. Canova

ILSA Journal of International & Comparative Law

September 1 1th ushered in a period of existential doubt for many Americans, raising questions about why we are hated, what are our values, and what, if anything, should change.

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Presidential Authority And The War On Terror, Joseph W. Dellapenna Jan 2006

Presidential Authority And The War On Terror, Joseph W. Dellapenna

ILSA Journal of International & Comparative Law

I]t is an established fact that documents justifying and authorizing the abusive treatment ofdetainees during interrogation were approved and distributed

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