International Law Commons^™

Linking The International Legal Framework To Building The Formal Foundations Of A "State At Risk", Michael Schoiswohl

Vanderbilt Journal of Transnational Law

This Article describes and critically assesses the recent constitution-making process in Afghanistan in relation to the international legal framework. The Article provides an account of that process within the larger context of the state-building efforts as envisioned in the 2001 Bonn Agreement. Focusing on the interaction between national state-building and international normative benchmarks, the Article evaluates the extent to which the recently adopted Constitution links to the international legal framework. While paying lip service to the adherence of international law, including international human rights law, the Constitution does not adequately address the relationship between international legal obligations and municipal law. …

Harold Maier, Comity, And The Foreign Relations Restatement, Andreas F. Lowenfeld

Vanderbilt Journal of Transnational Law

Hal Maier's career and mine have interacted in several respects. We have both served in the Legal Adviser's Office of the State Department; we have both taught Conflict of Laws as well as International Law; and we have both tried to show--I believe successfully--that there is no sharp divide between "Public International Law" and "Private International Law." In particular, we have both been interested in the reach and limits of economic regulation across international frontiers, initially in connection with antitrust and securities regulation, but also in connection with economic sanctions, pollution controls, and other interactions of governmental and private activity. …

Human Clones And International Human Rights, Kerry Macintosh

Santa Clara Journal of International Law

The United Nations Declaration on Human Cloning calls upon member states to prohibit all forms of human cloning. However, the Declaration is nonbinding and will not put a stop to cloning around the world. Scientists will continue to clone embryos in their quest to develop stem cell therapies, ultimately, their work will facilitate the birth of human clones.;Once born, human clones will be entitled to all of the rights and freedoms enumerated in the Universal Declaration of Human Rights (UDHR) and the International Covenant on Civil and Political Rights (ICCPR), without distinction based on their birth via asexual reproduction or …

The Current State Of International Law, S. James Anaya

Publications

No abstract provided.

Tourism In Antarctica: History, Current Challenges And Proposals For Regulation, Juan Y. Harcha

LLM Theses and Essays

Tourism in the Antarctic has experienced rapid growth throughout the last fifteen years with over 30,000 people visiting the white continent during the 2005 - 2006 season. Such expansion offers a host of new activities for visitors to explore this immense wilderness, yet it brings considerable unease over the future of Antarctica. As of 1961, issues concerning the white continent have been dealt with under the Antarctic Treaty System, which has provided the forum for the discussion of numerous measures. This paper looks into the history of tourism, analyzes the main challenges such industry poses, and attempts an assessment of …

International Environmental Law: 2006 Annual Report, Jane C. Luxton, Lakshman Guruswamy, Kevin L. Doran

Publications

No abstract provided.

Illegal Peace?: An Inquiry Into The Legality Of Power-Sharing With Warlords And Rebels In Africa, Jeremy I. Levitt

Journal Publications

When warlords use violence to coerce democratically constituted governments to share power, does power-sharing simply become a euphemism for "guns for jobs"? Which legal rules, if any, govern peace agreements in internal conflicts? Specifically, which rules regulate power-sharing? Are the aims of peace, justice, and adherence to the rule of law attainable, let alone compatible, with coerced political transitions where warlords force democratically constituted or legitimate governments to share power?

This Article represents the first conscientious attempt to address these questions, present a conceptual framework for examining the legal and political efficacy of coercing democratically constituted governments into sharing power, …

On International Trademark And The Internet: The Lanham Act’S Long Arms, Joshua Clowers

Richmond Journal of Law & Technology

Trademarks tie a face to a product. The face is often a name or symbol, but it can also be something like a sound, a smell or even a “look.” They exist for the benefit of both the trademark owner/producer and the consumer. The purpose of a trademark, traditionally, has been to protect against the confusion of consumers when selecting products or services. Yet, a trademark’s functionality is not limited to preventing confusion. Other uses include both preserving the goodwill of the consumer for the mark owner and preventing the “diversion of trade through commercial misrepresentations.”

From The Exile Files: An Essay On Trading Justice For Peace, Michael P. Scharf

Faculty Publications

In the spring and summer of 2003, the United States offered exile in lieu of invasion and prosecution to two rogue leaders accused of committing international crimes - Iraqi President Saddam Hussein (who declined) and Liberian President Charles Taylor (who accepted). In this essay, the author argues that the offer to Hussein was inappropriate, as it violated international treaties requiring prosecution, but that the offer to Taylor was permissible under international law. The essay examines the costs and benefits of amnesty and exile-for-peace deals and the limited nature of the international duty to prosecute. Where the duty to prosecute does …

Transnational Communication And Defamatory Speech: A Case For Establishing Norms For The Twenty-First Century, David Goldberg

NYLS Law Review

No abstract provided.

Reforming The Crime Of Libel, Clive Walker

NYLS Law Review

No abstract provided.

Privacy, Princesses, And Paparazzi, Barbara Mcdonald

NYLS Law Review

No abstract provided.

Reviving Constitutionalism In Iraq: Key Provisions Of The Interim Constitution, His Excellency Feisal Amin Al-Istrabadi

NYLS Law Review

No abstract provided.

Liability For Torts In Violation Of International Law: No Hook Under Sosa For Secondary, Complicit Actors, Helena Lynch

NYLS Law Review

No abstract provided.

Introduction, Ruti Teitel

NYLS Law Review

No abstract provided.

Perspectives On Post-Conflict Constitutionalism: Reflections On Regime Change Through External Constitutionalization, Ulrich K. Preuss

NYLS Law Review

No abstract provided.

The Role Of International Law In Post-Conflict Constitution-Making: Toward A Jus Post Bellum For “Interim Occupations”, Jean L. Cohen

NYLS Law Review

No abstract provided.

Post-Sovereign Constitution-Making And Its Pathology In Iraq, Andrew Arato

NYLS Law Review

No abstract provided.

The Making Of A Constitution In Afghanistan, J. Alexander Thier

NYLS Law Review

No abstract provided.

Seeing The Forest And The Trees: Reconceptualizing State And Government Succession Reviewing: Tai-Heng Cheng, State Succession And Commercial Obligations (2006), Gregory W. Bowman

NYLS Law Review

No abstract provided.

Headscarves In German Public Schools: Religious Minorities Are Welcome In Germany, Unless — God Forbid — They Are Religious, Ruben Seth Fogel

NYLS Law Review

No abstract provided.

The Takeover Directive And Inspire Art: Reevaluating The European Union’S Market For Corporate Control In The New Millennium, Dmitry Tuchinsky

NYLS Law Review

No abstract provided.

Empresa Cubana Del Tabaco V. Culbro Corp., Victoria Loughery

NYLS Law Review

No abstract provided.

Canadian Softwood Lumber And “Free Trade” Under Nafta, Sydney M. Cone Iii

NYLS Law Review

No abstract provided.

New Paradigms For The Jus Ad Bellum?, Jane E. Stromseth

Georgetown Law Faculty Publications and Other Works

I am delighted to be here today to honor Ed Cummings, a wonderful colleague and a source of great wisdom for so many of us. I first worked with Ed in the Legal Adviser's Office in the late 1980s. More than fifteen years later, Ed is still the person I turn to for insight on the most difficult issues in the law of armed conflict. Most memorably of all, while serving at the National Security Council in 1999, I worked closely with Ed in achieving an important treaty milestone: the Procotol restricting the use of child soldiers in armed conflict …

Constitutions As "Living Trees"? Comparative Constitutional Law And Interpretive Metaphors, Vicki C. Jackson

Georgetown Law Faculty Publications and Other Works

Part I below explores the interpretive approaches of three other high national courts that have engaged in constitutional review over a long period of time, identifying two respects in which they may bear on this debate. First, their jurisprudence relies on interpretive approaches that depend on multiple sources and forms of argument-what some call an "eclectic" method, and others might call common law constitutionalism. Second, the jurisprudence of other significant national courts acknowledges the possibility that interpretive understandings will change. Indeed, in those countries with continuity of rights-protecting constitutional regimes and with high courts vested with the power of judicial …

Introduction: One Hundred Years Of International Law At Fordham University, William Michael Treanor

Georgetown Law Faculty Publications and Other Works

In the past 100 years, the connotations of the term "international" have changed dramatically. The ideas we have of concepts such as "international communication" and "global travel" are dramatically different from what those concepts would have meant to our forebears - if they had even thought in such terms. But an international perspective is not new at Fordham Law School. The idea of the interconnectedness of our social and legal systems with those of other Nations is one of the foundational values of our school, and it has shaped our history since we opened our doors 100 years ago.

From …

Unresolved Questions In The Bill Of Rights Of The New Iraqi Constitution: How Will The Clash Between "Human Rights" And "Islamic Law" Be Reconciled In Future Legislative Enactments And Judicial Interpretations?, Mohamed Y. Mattar

Fordham International Law Journal

This Article endeavors to answer the question, are the provisions on “human rights” and “Islamic Law” in the new Iraqi constitution compatible? The new Iraqi Constitution recognizes the concept of “human rights” in accordance with Iraq's international obligations, establishes an independent “Supreme Commission for Human Rights,” limits the work of governmental intelligence agencies in accordance with human rights, and prohibits tribal customs that contradict human rights. At the same time, the Constitution makes some references to Islamic Shari'ah: it establishes Islam as the official religion of the State, recognizes Islam as a source of legislation, recognizes Iraq as a part …

Global Collaboration In Law Schools: Lessons To Learn, Elizabeth B. Cooper

Fordham International Law Journal

This Introduction to the Symposium, Global Alliance for Justice Education (“GAJE”) North American Regional Conference, discusses four articles in the Fordham International Law Journal that advance a growing goal of the GAJE: developing scholarship to facilitate justice education and increasing awareness of the global justice movement. Each of the following four articles identifies ways in which collaborating law professors in significantly different contexts--China, South Africa, Nicaragua, and the United States--can learn from each other to develop vital programs of legal education and to strive for social justice.

The Attorney-Client Relationship In Guantanamo Bay, Mark Denbeaux, Christa Boyd-Nafstad

Fordham International Law Journal

First, the government restrictions found in the Protective Order and the new regulations severely limit the amount of contact the attorney can have with the client and the type of information that can be shared with the client. Second, the stay of the court proceedings since December 2004 has prevented any opportunity to present issues in the courts. Third, cultural barriers between attorneys and clients, including but not limited to the clients' inability to understand the rule of law and the role of lawyers in the Common Law adversary model in general, and in the U.S. legal system in particular, …