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International Law Commons

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2006

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Institution
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Articles 571 - 600 of 1006

Full-Text Articles in International Law

Drilling Deeper, Drilling More, Chris Stefan Jan 2006

Drilling Deeper, Drilling More, Chris Stefan

Sustainable Development Law & Policy

No abstract provided.


Case Study: The Success Of Regional Solutions In The Baltic, Anne Christine Brusendorff Jan 2006

Case Study: The Success Of Regional Solutions In The Baltic, Anne Christine Brusendorff

Sustainable Development Law & Policy

No abstract provided.


The French "Headscarves Ban": Intolerance Or Necessity?, 40 J. Marshall L. Rev. 235 (2006), Reuven (Ruvi) Ziegler Jan 2006

The French "Headscarves Ban": Intolerance Or Necessity?, 40 J. Marshall L. Rev. 235 (2006), Reuven (Ruvi) Ziegler

UIC Law Review

No abstract provided.


Second Chance For Justice: Reevaluation Of The United States Double Jeopardy Standard, 40 J. Marshall L. Rev. 371 (2006), Andrea Koklys Jan 2006

Second Chance For Justice: Reevaluation Of The United States Double Jeopardy Standard, 40 J. Marshall L. Rev. 371 (2006), Andrea Koklys

UIC Law Review

No abstract provided.


Reconceptualizing The Boundaries Of "Humanitarian" Assistance: "What's In A Name" Or "The Importance Of Being 'Earnest'"?, 40 J. Marshall L. Rev. 195 (2006), Surabhi Ranganathan Jan 2006

Reconceptualizing The Boundaries Of "Humanitarian" Assistance: "What's In A Name" Or "The Importance Of Being 'Earnest'"?, 40 J. Marshall L. Rev. 195 (2006), Surabhi Ranganathan

UIC Law Review

No abstract provided.


Ali V. Rumsfeld: Challenging The President's Authority To Interpret Customary International Law, Julian G. Ku Jan 2006

Ali V. Rumsfeld: Challenging The President's Authority To Interpret Customary International Law, Julian G. Ku

Case Western Reserve Journal of International Law

No abstract provided.


The Extraterritorial Implications Of The Sec's New Rule Change To Regulate Hedge Funds, Alex R. Mcclean Jan 2006

The Extraterritorial Implications Of The Sec's New Rule Change To Regulate Hedge Funds, Alex R. Mcclean

Case Western Reserve Journal of International Law

No abstract provided.


Review Of Conference: “The Reaffirmation Of Custom As An Important Source Of International Humanitarian Law”, Sabrina Balgamwalla Jan 2006

Review Of Conference: “The Reaffirmation Of Custom As An Important Source Of International Humanitarian Law”, Sabrina Balgamwalla

Human Rights Brief

No abstract provided.


Updates From The International Criminal Courts, Mariam Ahmedani, Meghan Stewart, Brianne Mcgonigle, Lizzie Rushing, Anne Heindel, Leslie Thompson Jan 2006

Updates From The International Criminal Courts, Mariam Ahmedani, Meghan Stewart, Brianne Mcgonigle, Lizzie Rushing, Anne Heindel, Leslie Thompson

Human Rights Brief

No abstract provided.


The Prosecution Of War Crimes: Military Commissions And The Procedural And Substantive Protections Beyond International Law, Tim Bakken Jan 2006

The Prosecution Of War Crimes: Military Commissions And The Procedural And Substantive Protections Beyond International Law, Tim Bakken

Fordham International Law Journal

This Article examines the procedures contained in the Military Commissions Act of 2006 (“MCA”) and finds that they are consistent with the practice of prior military tribunals, domestic and international law, and recent U.S. Supreme Court decisions. The Article discusses specifically two questions that have arisen since the U.S. Supreme Court's decision in Hamdan v. Rumsfeld and Congress's subsequent passage of the MCA. First, do the procedures in the MCA comport with international standards? The Article considers the procedures arising from international agreements and those used in military tribunals during and after World War II, the international tribunals for Rwanda, …


Don't Forget The Family: A Proposal For Expanding Immediate Protection To Families Of Human Trafficking Survivors, Katrina Lynne Baker Jan 2006

Don't Forget The Family: A Proposal For Expanding Immediate Protection To Families Of Human Trafficking Survivors, Katrina Lynne Baker

Fordham International Law Journal

In Part I, this Note will discuss the current epidemic of human trafficking, the various ways the United Nations and the United States have attempted to combat trafficking, and highlight the importance of U.S. prosecutorial duties of witness protection that are especially implicated in human trafficking cases. Part II will present criticisms of efforts by the United Nations and the United States to protect victims of trafficking and their family members. This part will also focus on current U.S. protections afforded to families of human trafficking survivors and programs such as the Witness Security Program, from which U.S. lawmakers may …


Enforcement Of Arbitral Awards Against Foreign States Or State Agencies, S.I. Strong Jan 2006

Enforcement Of Arbitral Awards Against Foreign States Or State Agencies, S.I. Strong

Northwestern Journal of International Law & Business

For years, U.S. courts took a highly deferential, "hands-off' approach to litigation involving a foreign sovereign. However, recent case law out of the D.C. Circuit has radically diminished the jurisdictional elements that plaintiffs must establish before a U.S. court will assert its power to enforce an arbitral award against a foreign state or state agency. This Article investigates this recent shift and describes what contacts, if any, a foreign state or state agency must have with the United States before a U.S. court will assert jurisdiction under sections 1605(a)(1) and 1605(a)(6) of the U.S. Foreign Sovereign Immunities Act ("FSIA").4 This …


Falling Short Of The Mark: The United States Response To The European Union's Data Privacy Directive, Morey Elizabeth Barnes Jan 2006

Falling Short Of The Mark: The United States Response To The European Union's Data Privacy Directive, Morey Elizabeth Barnes

Northwestern Journal of International Law & Business

In the spring and summer of 2005, the headlines of America's major newspapers provided a constant reminder of an issue about which Americans have grown increasingly worried: data security. Rather than publicizing the war in Iraq or the buzz over potential Supreme Court nominees, these headlines warned: "Info theft slams chain: 1.4 million card numbers stolen;" "Poll Says Identity Theft Concerns Rose After High-Profile Breaches;" "Data Security Breaches Alarm Consumers." In the previous few months, a series of high-profile companies such as Bank of America, Reed Elsevier Group's LexisNexis, PayMaxx, Choice Point, and SAIC had announced that millions of records …


Defragmenting World Trade, Sungjoon Cho Jan 2006

Defragmenting World Trade, Sungjoon Cho

Northwestern Journal of International Law & Business

The global trading community is in a state of deep crisis. Its main system, multilateralism, has recently been clogged by viscous trade barriers created by a proliferation of bilateral, regional trading blocs. Globalization offers a worldwide "production value chain" which enables even small economies to take part in the global commerce by offering raw materials or labor. In fact, small economies hold a comparative advantage at certain stages of the international manufacturing process.1 However, the current pattern of regional trading blocs militates against such participation by erecting new barriers against non-members and thus compartmentalizing the global market.2 This is not …


Islamic Principles Governing International Trade Financing Instruments: A Study Of The Morabaha In English Law, Jason C. T. Chuah Jan 2006

Islamic Principles Governing International Trade Financing Instruments: A Study Of The Morabaha In English Law, Jason C. T. Chuah

Northwestern Journal of International Law & Business

The past years have seen a clear and incontrovertible rise in the use of international financial and commercial instruments expressed to be governed by Islamic principles. Banks and other commercial entities in Islamic and non-Islamic countries are increasingly aware of the commercial need to offer services which are specifically tailored to meet this sector of the international market. Disputes over the interpretation and application of such instruments invariably arise. English courts are not insulated from such disputes, given that the City of London is at the forefront of many international commercial and financial dealings. As a matter of law, the …


The Hague Convention On Choice Of Court Agreements: The United States Joins The Judgment Enforcement Band, Matthew H. Adler, Michele Crimaldi Zarychta Jan 2006

The Hague Convention On Choice Of Court Agreements: The United States Joins The Judgment Enforcement Band, Matthew H. Adler, Michele Crimaldi Zarychta

Northwestern Journal of International Law & Business

In 2005, the United States signed a treaty that, if ratified, would be the United States' first-ever international agreement on judgment enforcement. The treaty provides that (a) where two commercial parties elect to resolve disputes between them in a particular forum, and (b) a judgment issues from that forum, then (c) all member states must enforce the judgment. It is a document driven by party autonomy; absent a choice of court agreement (in U.S. parlance, a choice of forum clause), the treaty has no meaning or applicability. The treaty's signing was the end of a rigorous journey. The United States …


The New Chapter 15 Of The Bankruptcy Code: A Step Toward Erosion Of National Sovereignty, John J. Chung Jan 2006

The New Chapter 15 Of The Bankruptcy Code: A Step Toward Erosion Of National Sovereignty, John J. Chung

Northwestern Journal of International Law & Business

If Chapter 15 and universalism offer uncertain benefits but certain harms, why have their principles gained such a following? One explanation is that Chapter 15 is part of today's growing trend to internationalize American law. Much like the inclination of some Supreme Court Justices to look to foreign law for guidance, it appears many bankruptcy scholars, judges, and practitioners have developed a taste for international trendiness. This article contends that the debate surrounding Chapter 15 in bankruptcy circles is a variation of the ongoing national debate regarding the citation of foreign law in Supreme Court opinions. This internationalism is a …


Taxing The International Athlete: Working Toward Free Trade In The Americas Through A Multilateral Tax Treaty, Jeffrey Dunlop Jan 2006

Taxing The International Athlete: Working Toward Free Trade In The Americas Through A Multilateral Tax Treaty, Jeffrey Dunlop

Northwestern Journal of International Law & Business

At first glance, it does not appear that taxation issues facing the international athlete and developing free trade between North and South America are closely related; they represent very different aspects of cross-border transactions and investment. On the other hand, they may be related when viewed as sequential steps in the process toward developing sustained economic relationships. This article will attempt to bridge that gap. First, Part II of this article discusses the current United States approach toward taxation of international athletes. Next, Part III reviews the history and issues facing tax treaty negotiations between the United States and developing …


Brazil's Recent Threat On Abbott's Patent: Resolution Or Retaliation, Jennifer Bjornberg Jan 2006

Brazil's Recent Threat On Abbott's Patent: Resolution Or Retaliation, Jennifer Bjornberg

Northwestern Journal of International Law & Business

In June 2005, Brazil threatened to infringe the patent of an anti-AIDS medication, Kaletra, patented and produced by a U.S. based pharmaceutical company, Abbott Laboratories. The resulting controversy necessarily implicated the World Trade Organization's Agreement on Trade Related Aspects of Intellectual Property ("TRIPS Agreement") as Brazil was a Member Nation under the agreement and Abbott's product was protected under that agreement. Ultimately, the threat came to a voluntary resolution between both parties, but the dispute raised a number of unique questions relating to international trade and public health concerns. This article will discuss the recent controversy between Abbott and Brazil …


Protegiendo El Derecho A La Salud En El Sistema Interamericano De Derechos Humanos: Estudio Comparativo Sobre Su Justiciabilidad Desde Un Punto De Vista Substantivo Y Procesal , Carlos Ivan Fuentes Alcedo Jan 2006

Protegiendo El Derecho A La Salud En El Sistema Interamericano De Derechos Humanos: Estudio Comparativo Sobre Su Justiciabilidad Desde Un Punto De Vista Substantivo Y Procesal , Carlos Ivan Fuentes Alcedo

American University International Law Review

No abstract provided.


Do Constitutions Requiring Adherence To Shari'a Threaten Human Rights? How Egypt's Constitutional Court Reconciles Islamic Law With The Liberal Rule Of Law, Clark B. Lombardi, Nathan J. Brown Jan 2006

Do Constitutions Requiring Adherence To Shari'a Threaten Human Rights? How Egypt's Constitutional Court Reconciles Islamic Law With The Liberal Rule Of Law, Clark B. Lombardi, Nathan J. Brown

American University International Law Review

No abstract provided.


Compliance With The Ozone Treaty: Weak States And The Principle Of Common But Differentiated Responsibility, Nina E. Bafundo Jan 2006

Compliance With The Ozone Treaty: Weak States And The Principle Of Common But Differentiated Responsibility, Nina E. Bafundo

American University International Law Review

No abstract provided.


Volume 37 Issue 2 (2006), Cwru Journal Of International Law Jan 2006

Volume 37 Issue 2 (2006), Cwru Journal Of International Law

Case Western Reserve Journal of International Law

No abstract provided.


Masthead, Volume 37 Issue 2 (2006) Jan 2006

Masthead, Volume 37 Issue 2 (2006)

Case Western Reserve Journal of International Law

No abstract provided.


The Role Of Military Commissions In The Global War On Terrorism, Morris D. Davis Jan 2006

The Role Of Military Commissions In The Global War On Terrorism, Morris D. Davis

Case Western Reserve Journal of International Law

No abstract provided.


Guantanamo And Citizenship: An Unjust Ticket Home, Rory T. Hood Jan 2006

Guantanamo And Citizenship: An Unjust Ticket Home, Rory T. Hood

Case Western Reserve Journal of International Law

No abstract provided.


The Institutionalization Of Torture Under The Bush Administration, M. Cherif Bassiouni Jan 2006

The Institutionalization Of Torture Under The Bush Administration, M. Cherif Bassiouni

Case Western Reserve Journal of International Law

No abstract provided.


Religion, Conflict And Peace, David Little Jan 2006

Religion, Conflict And Peace, David Little

Case Western Reserve Journal of International Law

No abstract provided.


Latin American Experience With Rule Of Law Reforms And Applicability Of Nation Building Efforts, Linn Hammergren Jan 2006

Latin American Experience With Rule Of Law Reforms And Applicability Of Nation Building Efforts, Linn Hammergren

Case Western Reserve Journal of International Law

No abstract provided.


For Human Borders: Two Decades Of Death And Illegal Activity In The Sonoran Desert, Daniel A. Scharf Jan 2006

For Human Borders: Two Decades Of Death And Illegal Activity In The Sonoran Desert, Daniel A. Scharf

Case Western Reserve Journal of International Law

No abstract provided.