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Articles 511 - 540 of 1006
Full-Text Articles in International Law
Looking Over A Crowd And Picking Your Friends: Civil Rights And The Debate Over The Influence Of Foreign And International Human Rights Law On The Interpretation Of The U.S. Constitution, Stanley A. Halpin
UC Law SF International Law Review
Since the 1940s Civil Rights advocates have attempted, with little success, to use International Human Rights law to protect the rights of African Americans in the United States. However, in recent terms, the United States Supreme Court has seemingly opened the door, at least a crack, to some limited recognition of international human rights norms as a legitimate influence upon their interpretation of the Constitution. This article examines the efforts of Civil Rights Advocates to utilize human rights law and develops from this history four models of enforcement of human rights law in the United States. It details the Court's …
A Golden State Solution To The Israeli-Palestinian Water Conflict, Brandon Hollinder
A Golden State Solution To The Israeli-Palestinian Water Conflict, Brandon Hollinder
UC Law SF International Law Review
Israel and the Palestinian territories face a shortage of water resources that have created tensions at the center of the current political conflict between the two parties. Many of these resources are subject to dual control and authority as well as continuing degradation and overuse, all of which exacerbate the situation. This paper offers a solution to that problem: the adoption of a Water Board with authority over the combined region of Israel and the Palestinian territories. This Board would employ and enforce laws based upon current California Water Law with a few minor, yet critical, changes. This solution offers …
Recent Developments In The Debate Concerning The Use Of Foreign Law In Constitution Interpretation, Lisa Sofio
Recent Developments In The Debate Concerning The Use Of Foreign Law In Constitution Interpretation, Lisa Sofio
UC Law SF International Law Review
Comparative analysis, the interpretive technique of using foreign and international law to better understand the United States Constitution, may be a valuable tool for modern judges. Legislative proposals and statements made by various members of Congress reveal that Congress is opposed to the judiciary's use of comparative analysis and appears prepared to take drastic measures to prevent judges from looking to foreign law to answer difficult questions. This note explores the propriety and reasons for this response and explores whether comparative analysis has merit as an interpretive tool.
Misconceptions, Miscalculations, And Mistakes: P2p, China, And Copyright, Tao Leung
Misconceptions, Miscalculations, And Mistakes: P2p, China, And Copyright, Tao Leung
UC Law SF International Law Review
The entertainment industry initially treated the advent of peer-to-peer ("P2P") technologies as a death-knell for copyright protections and attempted to fix the perceived problem with solutions that were misguided, litigious, ineffective, and costly. By viewing P2P technology as a threat, the industry failed to capitalize on a new technology that might have provided limitless opportunity. Moreover, the recording industry's narrow-minded attempt to curtail illegal file sharing mirrored the U.S. government's attempt to enforce intellectual property protection in China. Both the entertainment industry and the United States failed to understand the economic, social, and cultural realities in the areas in which …
World News, J.C. Sylvan, Cari Shiffman, Frank Pigott, Abigail Okrent
World News, J.C. Sylvan, Cari Shiffman, Frank Pigott, Abigail Okrent
Sustainable Development Law & Policy
No abstract provided.
Commentary: The Basel Convention, Back To The Future, Pierre Portas
Commentary: The Basel Convention, Back To The Future, Pierre Portas
Sustainable Development Law & Policy
No abstract provided.
Product-Based Environmental Regulations: Europe Sets The Pace , Paul E. Hagen
Product-Based Environmental Regulations: Europe Sets The Pace , Paul E. Hagen
Sustainable Development Law & Policy
No abstract provided.
The Ada's Application To Foreign-Flagged Cruise Ships: The Supreme Court's Precedent In Spector V. Norwegian Cruise Line Transcends The United States' Borders, Jaclyn Sheehan
ILSA Journal of International & Comparative Law
Last year 10.6 million people flipped through the brochures of cruise line vacations' while dreaming of navigating the Caribbean aboard a luxury cruise ship and enjoying the white sandy beaches of exotic islands.
The Nuclear Terrorism Convention: Will Detainees Be Classified As "Enemy Combatants" By The United States?, Heather R. Demner
The Nuclear Terrorism Convention: Will Detainees Be Classified As "Enemy Combatants" By The United States?, Heather R. Demner
ILSA Journal of International & Comparative Law
As images of recent bombings in subways and buses in London on July 7, 2005 make their way across newspapers and news stations internationally, the international community relives the atrocious images of the attacks on New York's World Trade Center and is reminded that the threat of terrorism has not vanished
The United Nation's Approach To Trade, The Environment And Sustainable Development, Shawkat Alam
The United Nation's Approach To Trade, The Environment And Sustainable Development, Shawkat Alam
ILSA Journal of International & Comparative Law
The complex and transboundary nature of current environmental problems has turned them into global issues that intricately link ecology, economics and politics.
International Law And The Humanities: Does Love Of Literature Promotw International Law?, Daniel J. Kornstein
International Law And The Humanities: Does Love Of Literature Promotw International Law?, Daniel J. Kornstein
ILSA Journal of International & Comparative Law
Re-examining a basic assumption is always useful. This is so because many serious errors can flow from an assumption uncritically accepted.
The 2005 Hague Convention On Choice Of Court Clauses, Andrea Schulz
The 2005 Hague Convention On Choice Of Court Clauses, Andrea Schulz
ILSA Journal of International & Comparative Law
On June 30, 2005, the Twentieth Session of the Hague Conference on Private International Law unanimously adopted a new Convention on Choice of Court Agreements.
"War" In The American Legal System, Detlev F. Vagts
"War" In The American Legal System, Detlev F. Vagts
ILSA Journal of International & Comparative Law
My role in this symposium is to analyze the concept of "war" as it has evolved in the American legal system.
On The Uneasy Relation Between International Law And Democracy, Carol C. Gould
On The Uneasy Relation Between International Law And Democracy, Carol C. Gould
ILSA Journal of International & Comparative Law
The question we are asked to address is as follows: "Is international law a threat to democracy?" As a political philosopher, my inclination is to suggest that the answer requires clarifying at the outset the sense in which we are using each of the main terms here.
Connecticut And International Law, Houston Putnam Lowry
Connecticut And International Law, Houston Putnam Lowry
ILSA Journal of International & Comparative Law
Most states within the United States do not consider international law in their legislative process.
Compliance Assessment And Compliance Enforcement: The Challenge Of Nuclear Noncompliance, Dr. Christopher A. Ford
Compliance Assessment And Compliance Enforcement: The Challenge Of Nuclear Noncompliance, Dr. Christopher A. Ford
ILSA Journal of International & Comparative Law
Good morning. The question posed for this panel, about the relationship between weapons of mass destruction (hereinafter "WMD") related noncompliance findings and what you have tactfully described as exceptional actions by states acting together or acting unilaterally, is a provocative and important one.
International Law Weekend Panel On Litigating The Holocaust In U.S. Courts, Monica Dugot Esq.
International Law Weekend Panel On Litigating The Holocaust In U.S. Courts, Monica Dugot Esq.
ILSA Journal of International & Comparative Law
I joined Christie's a little over a year ago as Director of Restitution, coordinating Christie's restitution issues globally.
La Applicacion Del Ada A Naves De Crucero Bajo Bandera Extranjera: El Precedente Del Tribunal Supremo Estadounidense En Spector V. Norwegian Cruise Line Traspasa Las Fronteras De Los Estados Unidos, Jaclyn Sheehan
ILSA Journal of International & Comparative Law
El afio pasado 10.6 millones de personas hojearon los folletos de vacaciones de lineas de crucero' sofiando con navegar el caribe abordo de un crucero de lujo y disfrutar las playas de arena blanca en islas ex6ticas. Estos folletos de las lineas de crucero no s6lo tiran el anzuelo mostrando lugares ex6ticos, sino tambi6n una variedad de actividades ofrecidas a bordo de la nave.
After The Hague: Some Thoughts On The Impact On Canadian Law Of The Convention On Choice Of Court Agreements, H. Scott Fairley, John Archibald
After The Hague: Some Thoughts On The Impact On Canadian Law Of The Convention On Choice Of Court Agreements, H. Scott Fairley, John Archibald
ILSA Journal of International & Comparative Law
The Hague Convention on Choice of Court Agreements (HCCCA), signed by member states of the Hague Conference on Private International Law in June 2005, is an important step in harmonizing national conflicts of law rules that sometime strain to manage the burgeoning traffic in transnational litigation generated by global commerce.
El Enfoque De Las Naciones Unidas Sobre El Comercio, El Medio Ambiente Y Desarrollo Sosteniblent, Shawkat Alam
El Enfoque De Las Naciones Unidas Sobre El Comercio, El Medio Ambiente Y Desarrollo Sosteniblent, Shawkat Alam
ILSA Journal of International & Comparative Law
La complejidad de los problemas actuales medioambientales han crecido tanto que han traspasado fronteras y se han convertido en una mezcla intricada de ecologia, economia y politica.
What Is War? Terrorism As War After 9/11, Jane Gilliland Dalton
What Is War? Terrorism As War After 9/11, Jane Gilliland Dalton
ILSA Journal of International & Comparative Law
This paper addresses the topic of terrorism as war after September 11 th, 2001.
Application Of Human Rights Treaties Extraterritorially To Detention Of Combatants And Security Internees: Fuzzy Thinking All Around?, Michael J. Dennis
Application Of Human Rights Treaties Extraterritorially To Detention Of Combatants And Security Internees: Fuzzy Thinking All Around?, Michael J. Dennis
ILSA Journal of International & Comparative Law
The issue before our panel today is a subpart of a larger question: Are obligations assumed by states under international human rights treaties applicable extraterritorially during periods of armed conflict and military occupation?
When Is A War Not A War? The Myth Of The Global War On Terror, Mary Ellen O'Connell
When Is A War Not A War? The Myth Of The Global War On Terror, Mary Ellen O'Connell
ILSA Journal of International & Comparative Law
The starting point of human rights law is the right of the individual, including the right not to be arbitrarily killed. The international law of armed conflict, which is very much older in its origins than human rights law, starts from totally different premises. The soldier has the right to kill another soldier
The Importance Of Customary International Law During Armed Conflict, Jordan J. Paust
The Importance Of Customary International Law During Armed Conflict, Jordan J. Paust
ILSA Journal of International & Comparative Law
Customary international law is universal in its reach.
Is International Law A Threat To Democracy: Framing The Question, Andrew Strauss
Is International Law A Threat To Democracy: Framing The Question, Andrew Strauss
ILSA Journal of International & Comparative Law
I'm Andrew Strauss and welcome to our panel: "Is International Law a Threat to Democracy?" We are lucky this afternoon to have with us a very esteemed and ideologically diverse panel.
Hate Speech Under The American Convention On Human Rights, Eduardo Bertoni
Hate Speech Under The American Convention On Human Rights, Eduardo Bertoni
ILSA Journal of International & Comparative Law
Good morning and thank you for inviting me to participate in this conference. Today I would like to address a very important and novel topic in the Americas-the issue of hate speech.
The Role Of International Arbitrators, Susan D. Franck
The Role Of International Arbitrators, Susan D. Franck
ILSA Journal of International & Comparative Law
With the advent of the global economy, arbitration has become the preferred mechanism for resolving international disputes. Today international arbitrators resolve billions of dollars worth of disputes.
Redefining Imminence: The Use Of Force Against Threats And Armed Attacks In The Twenty-First Century, Dominika Svarc
Redefining Imminence: The Use Of Force Against Threats And Armed Attacks In The Twenty-First Century, Dominika Svarc
ILSA Journal of International & Comparative Law
Contemporary global security threats pose a serious challenge to the existing international legal regime on the use of force.
Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law
Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law
ILSA Journal of International & Comparative Law
I joined Christie's a little over a year ago as Director of Restitution, coordinating Christie's restitution issues globally.
Selecting Mediators And Representing Clients In Cross-Cultural Disputes, Harold Abramson
Selecting Mediators And Representing Clients In Cross-Cultural Disputes, Harold Abramson
Cardozo Journal of Conflict Resolution
Even an adept negotiator can be baffled by cultural differences. When a negotiation reaches an impasse because of an unfamiliar cultural interest or a miscommunication between the parties due to different styles of communicating, negotiating, or decisionmaking, the negotiator might find it helpful to enlist assistance from a culturally-trained and culturally-appropriate mediator. This Article considers how such a third party can help you, as a negotiator, bridge cultural differences. It considers when to seek aid from a mediator, what the credentials of the mediator ought to be, and the impact of the mediator's approach on the way you represent your …