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2006

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Articles 601 - 630 of 1006

Full-Text Articles in International Law

Building The New World Of Nanotechnology, Michael A. Van Lente Jan 2006

Building The New World Of Nanotechnology, Michael A. Van Lente

Case Western Reserve Journal of International Law

No abstract provided.

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Defining Torture, David Sussman Jan 2006

Defining Torture, David Sussman

Case Western Reserve Journal of International Law

No abstract provided.

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The Elephant In The Room: Foreword: Torture And The War On Terror, Michael P. Scharf, Rory T. Hood Jan 2006

The Elephant In The Room: Foreword: Torture And The War On Terror, Michael P. Scharf, Rory T. Hood

Case Western Reserve Journal of International Law

No abstract provided.

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Title Page Jan 2006

Title Page

South Carolina Journal of International Law and Business

No abstract provided.

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A Practioner's Guide: An Overview Of The Major International Arbitration Tribunals, Stefania Bondurant Jan 2006

A Practioner's Guide: An Overview Of The Major International Arbitration Tribunals, Stefania Bondurant

South Carolina Journal of International Law and Business

No abstract provided.

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Seal Of Disapproval: International Implications Of South Carolina's Notary Statute, T. David Hoyle Jan 2006

Seal Of Disapproval: International Implications Of South Carolina's Notary Statute, T. David Hoyle

South Carolina Journal of International Law and Business

No abstract provided.

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Competition In China's Securities Market: Reform Of Current Regulatory System, Chenxia Shi Jan 2006

Competition In China's Securities Market: Reform Of Current Regulatory System, Chenxia Shi

Loyola University Chicago International Law Review

No abstract provided.

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Coming Out Of Denial: An Analysis Of Aids Law And Policy In China (1987-2006), John Balzano, Jia Ping Jan 2006

Coming Out Of Denial: An Analysis Of Aids Law And Policy In China (1987-2006), John Balzano, Jia Ping

Loyola University Chicago International Law Review

No abstract provided.

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The English Law Of Legal Professional Privilege: A Guide For American Attorneys, Richard S. Pike Jan 2006

The English Law Of Legal Professional Privilege: A Guide For American Attorneys, Richard S. Pike

Loyola University Chicago International Law Review

No abstract provided.

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Legal Pluralism Between Islam And The Nation-State: Romantic Medievalism Or Pragmatic Modernity?, Sherman A. Jackson Jan 2006

Legal Pluralism Between Islam And The Nation-State: Romantic Medievalism Or Pragmatic Modernity?, Sherman A. Jackson

Fordham International Law Journal

This Essay attempts a reconciliation of sorts between two perspectives on legal pluralism, via specific reference to Islamic law, most notably in its pre-modern guise. The Essay begins with a provisional commitment to legal centralism, but primarily as a means of securing a functional place for sub-State reglementary regimes. To this end, legal centralism, as presented, is tempered by a demonstration that, even where the State enjoys an exclusive monopoly on the application of sanctions with impunity, it need not be the actual source of every rule it recognizes or applies as law.

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Addressing The Incentive For Expropriation Within Business Groups: The Case Of The Korean Chaebol, Christopher Hale Jan 2006

Addressing The Incentive For Expropriation Within Business Groups: The Case Of The Korean Chaebol, Christopher Hale

Fordham International Law Journal

This Article builds upon prior empirical findings on the prevalence of pyramids and focuses on the financing subsidies derived through the internal capital markets of pyramids--particularly through affiliations with financial institutions. Part I of this Article provides a brief overview of the relevant literature and the role that pyramids can play in separating ownership and voting rights. Part II describes the phenomenon by which the financing advantages derived by firms with financial affiliates, often non-bank financial institutions (“NBFIs”), results in a distortion of the market that contributes to pyramid expansion, thereby exacerbating the risk of minority shareholder expropriation. Part III …

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The Duality Of State Cooperation Within International And National Criminal Cases, Geert-Jan Alexander Knoops, Robert R. Amsterdam Jan 2006

The Duality Of State Cooperation Within International And National Criminal Cases, Geert-Jan Alexander Knoops, Robert R. Amsterdam

Fordham International Law Journal

This Article seeks to elaborate on various responses to challenges to the rule of law. The authors consider certain of the greatest of these challenges to center around illegitimate control of State organs by groups capable of infringing presumptive rights granted under treaty to States that in a systematic and continuous way resort to abuse of process. This Article, dealing with the equality of arms, is therefore only the first of a series exploring both this problem and the manner in which it may be addressed. This Article assesses whether and to what extent State cooperation, both before international tribunals …

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Applicability Of The Geneva Conventions To "Armed Conflict" In The War On Terror, Miles P. Fischer Jan 2006

Applicability Of The Geneva Conventions To "Armed Conflict" In The War On Terror, Miles P. Fischer

Fordham International Law Journal

This Essay briefly reviews the application of the Geneva Conventions of 1949 (the “Conventions”) in the so-called war on terror since September 11, 2001 (“9/11”), highlighting a few current issues of particular interest; notably, the concept of “armed conflict,” the role of Common Article 3, the impact of the MC Act, screening by “competent tribunals,” and enforcement of the Conventions in courts martial and against Central Intelligence Agency (“CIA”) operatives.

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A Force For Globalization: Emerging Markets Debt Trading From 1994 To 1999, Ross P. Buckley Jan 2006

A Force For Globalization: Emerging Markets Debt Trading From 1994 To 1999, Ross P. Buckley

Fordham International Law Journal

This Article analyzes the history from 1994-1999 of the secondary market in emerging markets debt, identifying the lessons learned from that period of market development. It pays particular attention to the increasing integration of the secondary market for emerging markets debt with traditional financial markets, and to the force for globalization that this secondary market therefore exerted in the period.

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The Policies Of State Succession: Harmonizing Self-Determination And Global Order In The Twenty-First Century Tai-Heng Cheng, State Succession And Commercial Obligations, Robert D. Sloane Jan 2006

The Policies Of State Succession: Harmonizing Self-Determination And Global Order In The Twenty-First Century Tai-Heng Cheng, State Succession And Commercial Obligations, Robert D. Sloane

Fordham International Law Journal

I differ with Cheng's appraisal of certain events and think that we need a more sophisticated analysis of the twin policy goals he identifies and embraces--self-determination and global order--before they can offer real policy guidance. But State Succession and Commercial Obligations stands out as a rigorously researched, original, and insightful effort to understand this quite confused and opaque body of international law. Cheng's work will both enable and encourage a more candid, reasoned, and constructive debate about the global policies at stake each time “a state fundamentally changes its structures of power and authority, and an authoritative international response is …

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The Guantanamo Protective Order, Brendan M. Driscoll Jan 2006

The Guantanamo Protective Order, Brendan M. Driscoll

Fordham International Law Journal

This Note analyzes the Green Protective Order, and the arguments of its proponents and critics. It aims to facilitate broader public awareness of an issue that, while not commanding newspaper headlines, may actually have greater consequence for Guantánamo prisoners and their counsel than those issues that do attract mass media attention. Part I provides a brief background on protective orders in general and their use in cases involving confidential national security, before examining the Green Protective Order in detail. Part II considers, in detail, three different assessments of the Green Protective Order named above, as these positions have been articulated …

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The Recognition And Enforcement Of Commercial Arbitral Awards In The People's Republic Of China, Fiona D'Souza Jan 2006

The Recognition And Enforcement Of Commercial Arbitral Awards In The People's Republic Of China, Fiona D'Souza

Fordham International Law Journal

This Perspective explores the reality behind the headlines as well as more recent efforts to improve the situation. By examining legal developments and analyzing the obstacles to enforcement, this Perspective will highlight how the issues are largely symptomatic of a developing legal system--a system struggling to translate theory into practice as it attempts to bridge the gap between traditional Chinese and Western expectations of adjudication. Part I outlines the history and background of arbitration in China, while Part II considers the current state of the law, with a particular focus on recent legislative developments. Part III examines the institutional features …

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Transparency As An Element Of Good Governance In The Practice Of The Eu And The Wto: Overview And Comparison, Friedl Weiss, Silke Steiner Jan 2006

Transparency As An Element Of Good Governance In The Practice Of The Eu And The Wto: Overview And Comparison, Friedl Weiss, Silke Steiner

Fordham International Law Journal

This article seeks to provide a comparative overview of relevant practice of the European Union ("EU") and the World Trade Organization ("WTO") with regard to the interpretation and use made of "good governance," and in particular with regard to "transparency," one of its core component elements.

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Asking The Tiger For His Skin: Rights Activism In China, Eva Pils Jan 2006

Asking The Tiger For His Skin: Rights Activism In China, Eva Pils

Fordham International Law Journal

Based on a discussion of consequentialist, pragmatist, and deontological forms of reasoning as applied in debates about Chinese rights-defending, this Article makes two related observations. First, some Chinese rights defenders assess actions merely by whether they will promote institutional reform. They may reject courses of action because they would consider themselves responsible for their bad consequences, such as official reprisals. Their attitude puts them in danger of blinding themselves to the limits of legal reform in China's current constitutional and political structure. Second, according to the more radical view also described here, the case for speaking out against certain wrongs …

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Why The Private Sector Is Likely To Lead The Next Stage In The Global Fight Against Corruption, Ethan S. Burger, Mary S. Holland Jan 2006

Why The Private Sector Is Likely To Lead The Next Stage In The Global Fight Against Corruption, Ethan S. Burger, Mary S. Holland

Fordham International Law Journal

This Article focuses on the role of the private sector in fighting corruption. It argues that it is necessary for the private sector to take a more active role in creating meaningful deterrents to international bribery. Part I of the Article offers background on the concept and extent of corruption in general, and bribery in particular. Part II examines the existing U.S. and international legal framework for combating the payment of bribes abroad. Part III looks at non-State actors who may lead implementation efforts in the future.

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John W. Head, The Future Of The Global Economic Organizations: An Evaluation Of The Criticisms Leveled At The Imf, The Multilateral Development Banks, And The Wto, Stephen Zamora Jan 2006

John W. Head, The Future Of The Global Economic Organizations: An Evaluation Of The Criticisms Leveled At The Imf, The Multilateral Development Banks, And The Wto, Stephen Zamora

Fordham International Law Journal

This Article reviews Professor John W. Head’s book, The Future of Global Economic Organizations: An Evaluation of Criticisms Leveled at the IMF, the Multilateral Development Banks, and the WTO. Developing country advocates argue that international economic regimes reinforce unequal allocations of wealth both internally, within national economies, as well as among nations. Economic conservatives argue that the World Bank and other multilateral development banks are superfluous in an age of international capital mobility. Professor John W. Head analyzes these and other criticisms in his timely and insightful study.

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Jack Bauer And The Rule Of Law: The Case Of Extraordinary Rendition, James R. Silkenat, Peter M. Norman Jan 2006

Jack Bauer And The Rule Of Law: The Case Of Extraordinary Rendition, James R. Silkenat, Peter M. Norman

Fordham International Law Journal

This Essay examines the Bush Administration's use of a tactic in the “War on Terror” called “extraordinary rendition.” The term extraordinary rendition refers to the process by which alleged terrorists are captured by the U.S. Government, transferred to another country, interrogated, and possibly tortured--all without judicial involvement--so the U.S. Government may attempt to uncover possible terrorist activity. Extraordinary rendition thus differs from ordinary forms of rendition, since the latter refers broadly to any circumstance where a government takes or transfers custody of a person by means of procedures outside those of extradition treaties.

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Re-Imagining International Law: An Examination Of Recent Trends In The Reception Of International Law Into National Legal Systems In Africa, Richard Frimpong Oppong Jan 2006

Re-Imagining International Law: An Examination Of Recent Trends In The Reception Of International Law Into National Legal Systems In Africa, Richard Frimpong Oppong

Fordham International Law Journal

This article suggests that the trend of accepting the supremacy and direct application of international law represents a rethinking of the relationship between international and national law, and that its full implications are yet to be explored. The Article seeks to build on current writings on the subject by analyzing certain regional arrangements and judicial approaches relevant to, but often ignored in the discussion. It attempts not to situate these arrangements or approaches within or outside of the monist/dualist paradigm, but to assess the practical significance of these arrangements for international law, national law, and their respective subjects.

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Kriegsraison Or Military Necessity? The Bush Administration's Wilhelmine Attitude Towards The Conduct Of War, Scott Horton Jan 2006

Kriegsraison Or Military Necessity? The Bush Administration's Wilhelmine Attitude Towards The Conduct Of War, Scott Horton

Fordham International Law Journal

One phrase from a memorandum issued by President George W. Bush early in the War on Terror offers an effective summary of a radically transformed military doctrine. “As a matter of policy,” Bush wrote, “the United States Armed Forces shall continue to treat detainees humanely and, to the extent appropriate and consistent with military necessity, in a manner consistent with the principles of Geneva.” The statement offered a sense of assurance of continuity of U.S. military doctrine, which many generations viewed as being at or near the vanguard in assuring high standards for the treatment of military prisoners. This was …

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Military Commission Trials At Guantanamo Bay, Cuba: Do They Satisfy International And Constitutional Law?, Jennifer Trahan Jan 2006

Military Commission Trials At Guantanamo Bay, Cuba: Do They Satisfy International And Constitutional Law?, Jennifer Trahan

Fordham International Law Journal

Part I of this Article discusses historical precedent for the use of military commissions. Part II discusses President Bush's Military Order of November 13, 2001 (“Executive Order”) [FN14] as well as various procedural rules issued for the military commission trials. [FN15] Part III discusses the U.S. Supreme Court's decision, Hamdan v. Rumsfeld, which struck down those arrangements. Part IV discusses the recent revisions to trial procedures made in the Military Commissions Act, and also analyzes the extent to which these recent revisions: (a) diverge from trial procedures under the Uniform Code of Military Justice; (b) alter U.S. domestic implementation of …

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Gender Equality And Customary Marriage: Bargaining In The Shadow Of Post-Apartheid Legal Pluralism, Tracy E. Higgins, Jeanmarie Fenrich, Ziona Tanzer Jan 2006

Gender Equality And Customary Marriage: Bargaining In The Shadow Of Post-Apartheid Legal Pluralism, Tracy E. Higgins, Jeanmarie Fenrich, Ziona Tanzer

Fordham International Law Journal

This Report represents the culmination of a year-long project undertaken by the Crowley Program in International Human Rights at the Fordham Law School to study issues surrounding women and customary law marriages in South Africa in light of its international legal commitments. This Report presents the findings of this research effort. Following this introduction, Part I of this Report describes South Africa's international and domestic legal obligations regarding culture and gender equality, particularly with respect to marriage, divorce, and family formation. Part I then sketches two distinct approaches to the tension between customary law and gender equality, both of which …

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The Abuse Of Girls In U.S. Juvenile Detention Facilities: Why The United States Should Ratify The Convention On The Rights Of The Child And Establish A National Ombudsman For Children's Rights, Christina Okereke Jan 2006

The Abuse Of Girls In U.S. Juvenile Detention Facilities: Why The United States Should Ratify The Convention On The Rights Of The Child And Establish A National Ombudsman For Children's Rights, Christina Okereke

Fordham International Law Journal

This Note argues that, to address the abuse of detained girls, the United States should ratify the CRC. This Note further argues that establishing a national independent office or ombudsman to monitor children's conditions of confinement in the United States is a superior proposal to creating a U.N.-appointed special representative on violence against children. This Note concludes that, upon ratifying the CRC, the United States should establish a national ombudsman for children's rights. Part I of this Note presents the problem of physical and sexual abuse of detained girls in the United States and reviews the applicable international human rights …

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Following The Path Of Oil: The Law Of The Sea Or Realpolitik - What Good Does Law Do In The South China Sea Territorial Conflicts?, Wendy N. Duong Jan 2006

Following The Path Of Oil: The Law Of The Sea Or Realpolitik - What Good Does Law Do In The South China Sea Territorial Conflicts?, Wendy N. Duong

Fordham International Law Journal

This Article describes the relevant features of United Nationas Convention on the Law of the Sea ("UNCLOS"), demonstrates how the Convention is ill-equipped to handle the complexity of the South China Sea disputes, and explores the role of the private sector behind State actors in any negotiated resolution of these disputes. This Article also surveys the development of these disputes from the last decade to the present day, using as a case study the tension between China and Vietnam in the 1990s when UNCLOS went into force. Although the case study occurred in the past decade, the pattern of behaviors …

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War By Proxy: Legal And Moral Duties Of Other Actors Derived From Government Affiliation, Michael A. Newton Jan 2006

War By Proxy: Legal And Moral Duties Of Other Actors Derived From Government Affiliation, Michael A. Newton

Case Western Reserve Journal of International Law

No abstract provided.

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Torture And Contract, Laura A. Dickinson Jan 2006

Torture And Contract, Laura A. Dickinson

Case Western Reserve Journal of International Law

No abstract provided.

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