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International Law Commons

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2006

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Articles 751 - 780 of 1006

Full-Text Articles in International Law

Barriers To Progress At The Negotiation Table: Internal Conflicts Among Israelis And Among Palestinians, Robert H. Mnookin, Ehud Eiran, Sreemati Mitter Jan 2006

Barriers To Progress At The Negotiation Table: Internal Conflicts Among Israelis And Among Palestinians, Robert H. Mnookin, Ehud Eiran, Sreemati Mitter

Nevada Law Journal

No abstract provided.


Exploring The Link Between Domestic Conflicts And Negotiation Failure In The Middle East, Russell Korobkin Jan 2006

Exploring The Link Between Domestic Conflicts And Negotiation Failure In The Middle East, Russell Korobkin

Nevada Law Journal

No abstract provided.


Creating Positive Facts On The Ground: A Viable Palestinian State Overview, Byron Bland, Lee Ross, Walid Salem Jan 2006

Creating Positive Facts On The Ground: A Viable Palestinian State Overview, Byron Bland, Lee Ross, Walid Salem

Nevada Law Journal

No abstract provided.


Peace Versus Justice, Richard J. Goldstone Jan 2006

Peace Versus Justice, Richard J. Goldstone

Nevada Law Journal

No abstract provided.


The Day After Tomorrow: What Happens Once A Middle East Peace Treaty Is Signed?, Andrea Kupfer Schneider Jan 2006

The Day After Tomorrow: What Happens Once A Middle East Peace Treaty Is Signed?, Andrea Kupfer Schneider

Nevada Law Journal

No abstract provided.


The Universal Declaration On Bioethics And Human Rights: Promoting International Discussion On The Morality Of Non-Therapeutic Research On Children, Anna Gercas Jan 2006

The Universal Declaration On Bioethics And Human Rights: Promoting International Discussion On The Morality Of Non-Therapeutic Research On Children, Anna Gercas

Michigan Journal of International Law

After describing the Declaration and its drafting history, this Note will summarize several international, national, and regional guidelines regarding children as research subjects. The Note then argues for a prohibition of non-therapeutic research on children and concludes that international human rights law offers the most appropriate basis for the development of regulations on human experimentation.


What's Your Sign? -- International Norms, Signals, And Compliance, Charles K. Whitehead Jan 2006

What's Your Sign? -- International Norms, Signals, And Compliance, Charles K. Whitehead

Michigan Journal of International Law

This Article proposes a new approach to understanding state compliance with international obligations, positing that increased interaction among the world's regulators has reinforced network norms, as evidenced in part by a greater reliance among states on legally nonbinding instruments. This Article also begins to fill a gap in the growing scholarship on state compliance by proposing a better framework for understanding how international norms influence senior regulators and how they affect both state decisions to comply as well as levels of compliance.


Take The Long Way Home: Sub-Federal Integration Of Unratified And Non-Self-Executing Treaty Law, Lesley Wexler Jan 2006

Take The Long Way Home: Sub-Federal Integration Of Unratified And Non-Self-Executing Treaty Law, Lesley Wexler

Michigan Journal of International Law

This Article introduces the longstanding treaty compliance debate and expands it to include the question of whether treaties influence sub-federal actors in non-ratifying countries. This Part draws on norm theory to conclude that sub-federal actors may use treaties and treaty processes as: (a) a framework to understand the underlying substantive issue, (b) a way to reduce drafting costs, (c) a focal point to measure compliance, (d) evidence of an international consensus, (e) a mechanism to express or signal a cosmopolitan identity, or (f) a springboard to criticize the current administration.


Rebus Sic Stantibus: Notification Of Consular Rights After Medellin, Aaron A. Ostrovsky, Brandon E. Reavis Jan 2006

Rebus Sic Stantibus: Notification Of Consular Rights After Medellin, Aaron A. Ostrovsky, Brandon E. Reavis

Michigan Journal of International Law

This Comment examines, through principles of public international law and U.S. jurisprudence, the relationship between U.S. courts and the ICJ to determine if the former are indeed bound by the latter's decisions, proprio motu, or if instead some Executive action is required to make the decisions binding on the judiciary. Part of this examination will entail a discussion of the potential for dialogue between the ICJ and U.S. courts to "pierce the veil of sovereignty" that traditionally conceals the inner workings of sovereign states from the scrutiny of international tribunals. Based on this assessment, the Comment then addresses how …


Regional Projects Require Regional Planning: Human Rights Impacts Arising From Infrastructure Projects, Abby Rubinson Jan 2006

Regional Projects Require Regional Planning: Human Rights Impacts Arising From Infrastructure Projects, Abby Rubinson

Michigan Journal of International Law

Regional projects require regional planning to avoid potentially disastrous environmental and human rights abuses. Focusing on the Rio Madeira project in Brazil as a case study in the impacts of infrastructure projects, this Note identifies the harm anticipated from these projects and highlights the need for verification of official predictions of such harm. It then proceeds to a legal analysis, addressing the applicable international law, Brazilian law, and regional legal frameworks and outlining the negative legal consequences arising from inadequate impact assessments. In light of these negative legal implications, the Note concludes by illustrating the need to proceed with planning …


Seeking The Best Forum To Prosecute International War Crimes: Proposed Paradigms And Solutions, Milena Sterio Jan 2006

Seeking The Best Forum To Prosecute International War Crimes: Proposed Paradigms And Solutions, Milena Sterio

Law Faculty Articles and Essays

This Article will focus on some of the practical considerations underlying the decision to resort to a particular type of prosecution: international, hybrid, or national. Part II of this Article will describe the ICTY's referral of the Ademi/Norac case to Croatian national courts, focusing on the reasons underlying the referral, as well as on the appropriateness of the referral in light of international criminal law. Part III will then focus on the Special Court, in an effort to assess whether such a hybrid tribunal is a better form of international justice. Finally, Part IV will outline certain paradigms in an …


From Pirates To Partners (Episode Ii): Protecting Intellectual Property In Post-Wto China, Peter K. Yu Jan 2006

From Pirates To Partners (Episode Ii): Protecting Intellectual Property In Post-Wto China, Peter K. Yu

American University Law Review

In From Pirates to Partners: Protecting Intellectual Property in China in the Twenty-First Century, I criticized the ineffectiveness and short-sightedness of the U.S.-China intellectual property policy. As I argued, the approach taken by the administration in the 1980s and early 1990s had created a cycle of futility in which China and the United States repeatedly threatened each other with trade wars only to back down in the eleventh hour with a compromise that did not provide sustainable improvements in intellectual property protection. Since I wrote that article five years ago, China has joined the WTO and undertook a complete overhaul …


The Cape Town Approach: A New Method Of Making International Law, Mark J. Sundahl Jan 2006

The Cape Town Approach: A New Method Of Making International Law, Mark J. Sundahl

Law Faculty Articles and Essays

The use of multilateral treaties in the field of international commercial law has been in a state of steady decline. Traditional treaty law has been gradually replaced in recent years by softer methods of making international law, such as the use of restatements and model laws. Some scholars even claim that treaty law is dead or dying. This Article explains how the Cape Town Convention on International Interests in Mobile Equipment (which entered into force on March 1, 2006) provides an innovative approach to the creation of treaties that promises to revive the status of treaties in international law. The …


In The Wake Of Republic Of Austria V. Altmann: The Current Status Of Foreign Sovereign Immunity In United States Courts, David P. Vandenberg Jan 2006

In The Wake Of Republic Of Austria V. Altmann: The Current Status Of Foreign Sovereign Immunity In United States Courts, David P. Vandenberg

University of Colorado Law Review

In Republic of Austria v. Altmann, the United States Supreme Court held that conduct predating the passage of the Foreign Sovereign Immunity Act of 1976 could nonetheless be grounds for a claim under the Act. This article begins with a historical survey of foreign sovereign immunity in the U.S. legal system. However, it is foremost an analysis and critique of the Supreme Court's opinion in Altmann. It argues that in the wake of the Court's decision, the floodgates will not open to a rash of foreign sovereign immunity claims based on long-ago conduct because other factors-both legal and practical will …


When Courts Make Law: How The International Criminal Tribunals Recast The Laws Of War, Allison M. Danner Jan 2006

When Courts Make Law: How The International Criminal Tribunals Recast The Laws Of War, Allison M. Danner

Vanderbilt Law Review

This Article argues that states often tacitly delegate lawmaking authority and that the Security Council did so in the case of the Tribunals. Although the historical record cannot definitely prove its validity, this hypothesis is supported by evidence from other international courts that lawmaking by international judiciaries is widespread and accepted by states, even if formally proscribed. The Article suggests that states do not acknowledge this delegation, however, in order both to perpetuate the fiction of state hegemony over international norm generation and to provide a shield behind which international courts can make law without suffering paralyzing political pressure that …


What Do We Owe Each Other In The Global Economic Order?: Constructivist And Contractualist Accounts, John Linarelli Jan 2006

What Do We Owe Each Other In The Global Economic Order?: Constructivist And Contractualist Accounts, John Linarelli

Scholarly Works

No legal system deserving of continued support can exist without an adequate theory of justice. A world trade constitution cannot credibly exist without a clear notion of justice upon which to base a consensus. This paper examines two accounts of fairness found in moral philosophy, those of John Rawls and Tim Scanlon. The Rawlsian theory of justice is well-known to legal scholars. Scanlon's contractualist account may be less well-known. The aim of the paper is to start the discussion as to how fairness theories can be used to develop the tools for examining international economic policies and institutions. After elaborating …


The Wto Agreement On Government Procurement And The Uncitral Model Procurement Law: A View From Outside The Region, John Linarelli Jan 2006

The Wto Agreement On Government Procurement And The Uncitral Model Procurement Law: A View From Outside The Region, John Linarelli

Scholarly Works

Two of the most significant efforts to bring municipal procurement institutions up to international standards are the WTO Agreement on Government Procurement (GPA) and the UNCITRAL Model Law on Procurement of Goods, Construction and Services. Though the Model Law has had limited adoptions, it enjoys global influence as a source of norms and practices for good public procurement. The GPA, also reflective of international standards, seems to be on the rise, as more WTO members elect to become GPA contracting parties. This article explores two aspects of these instruments. First, the article explores how the Model Law promotes efficient public …


The American Tradition Of International Law: Exceptionalism And Universalism, Mark Weston Janis Jan 2006

The American Tradition Of International Law: Exceptionalism And Universalism, Mark Weston Janis

Faculty Articles and Papers

No abstract provided.


International Secured Transactions And Insolvency, Mark J. Sundahl, Susan Jaffe Roberts, Jeff Carruth, Walter Douglas Stuber Jan 2006

International Secured Transactions And Insolvency, Mark J. Sundahl, Susan Jaffe Roberts, Jeff Carruth, Walter Douglas Stuber

Law Faculty Articles and Essays

The following article surveys some of the significant developments in the field of cross-border insolvencies and secured financing during the twelve months prior to December 1, 2005. The most publicized and long-awaited bankruptcy development was the enactment of legislation in the United States to adopt the UNCITRAL framework for the recognition of foreign insolvency proceedings. Even with the adoption of the UNICTRAL framework, American courts continued to render significant decisions under the former law which may, over time, inform practice, under the UNICTRAL provisions. Brazil also enacted significant bankruptcy reforms during 2005. The international law of secured transactions experienced a …


Rethinking Amnesty, Milena Sterio Jan 2006

Rethinking Amnesty, Milena Sterio

Law Faculty Articles and Essays

This Article will focus on the issue of accountability under the existing international law and will address the following question: Is there a duty to prosecute perpetrators of human rights abuses? Furthermore, if there is such a duty, what are its precise contours, its reach and its limits? Can amnesty laws and truth commissions ever be legal despite the evolving body of human rights law that seems to dictate the absolute assurance of those rights? Part I of this Article will examine the existing accountability mechanisms, while evaluating their respective strengths and weaknesses. Part II will focus on the existing …


Walking The Tightrope: Doing International Business In Light Of The U.S. Iranian Transaction Regulations Concept Of "Facilitation", Rex Zedalis Jan 2006

Walking The Tightrope: Doing International Business In Light Of The U.S. Iranian Transaction Regulations Concept Of "Facilitation", Rex Zedalis

Articles, Chapters in Books and Other Contributions to Scholarly Works

No abstract provided.


The Spy Who Came In From The Cold War: Intelligence And International Law, Simon Chesterman Jan 2006

The Spy Who Came In From The Cold War: Intelligence And International Law, Simon Chesterman

Michigan Journal of International Law

This Article will focus on the narrower questions of whether obtaining secret intelligence-that is, without the consent of the state that controls the information-is subject to international legal norms or constraints, and what restrictions, if any, control the use of this information once obtained. Traditional approaches to the question of the legitimacy of spying, when even asked, typically settle on one of two positions: either collecting secret intelligence remains illegal despite consistent practice, or apparent tolerance has led to a "deep but reluctant admission of the lawfulness of such intelligence gathering, when conducted within customary normative limits.” Other writers have …


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

Scholarly Works

No legal system deserving of continued support can exist without an adequate theory of justice. A world trade constitution cannot credibly exist without a clear notion of justice upon which to base a consensus. This paper examines two accounts of fairness found in moral philosophy, those of John Rawls and Tim Scanlon. The Rawlsian theory of justice is well-known to legal scholars. Scanlon's contractualist account may be less well-known. The aim of the paper is to start the discussion as to how fairness theories can be used to develop the tools for examining international economic policies and institutions. After elaborating …


Inheritance Law In Tanzania: The Impoverishment Of Widows And Daughters, Tamar Ezer Jan 2006

Inheritance Law In Tanzania: The Impoverishment Of Widows And Daughters, Tamar Ezer

Articles

No abstract provided.


Constructing International Law In The East Indian Seas: Property, Sovereignty, Commerce And War In Hugo Grotius' De Iure Praedae - The Law Of Prize And Booty, Or On How To Distinguish Merchants From Pirates, Ileana Porras Jan 2006

Constructing International Law In The East Indian Seas: Property, Sovereignty, Commerce And War In Hugo Grotius' De Iure Praedae - The Law Of Prize And Booty, Or On How To Distinguish Merchants From Pirates, Ileana Porras

Articles

No abstract provided.


Editors' Note, Kelly Rain, Kirk Herbertson Jan 2006

Editors' Note, Kelly Rain, Kirk Herbertson

Sustainable Development Law & Policy

No abstract provided.


Confidence Through Compliance In Emissions Trading Markets, Joe Kruger, Christian Egenhofer Jan 2006

Confidence Through Compliance In Emissions Trading Markets, Joe Kruger, Christian Egenhofer

Sustainable Development Law & Policy

No abstract provided.


Viewpoints On Compliance And Cross-Border Harmonization From Around The World, Sustainable Development Law & Policy Jan 2006

Viewpoints On Compliance And Cross-Border Harmonization From Around The World, Sustainable Development Law & Policy

Sustainable Development Law & Policy

No abstract provided.


The Role Of Third-Party Verification In Emissions Trading Systems: Developing Best Practices , Jennifer Rohleder Jan 2006

The Role Of Third-Party Verification In Emissions Trading Systems: Developing Best Practices , Jennifer Rohleder

Sustainable Development Law & Policy

No abstract provided.


The Effects Of The Kyoto Protocol On Taiwan, Yi-Yuan William Su Jan 2006

The Effects Of The Kyoto Protocol On Taiwan, Yi-Yuan William Su

Sustainable Development Law & Policy

No abstract provided.