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International Law Commons

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2007

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Articles 421 - 450 of 852

Full-Text Articles in International Law

Class Actions And Group Litigation In Switzerland, Samuel P. Baumgartner Jan 2007

Class Actions And Group Litigation In Switzerland, Samuel P. Baumgartner

Northwestern Journal of International Law & Business

In what follows, I hope to contribute to that information with a look at group litigation devices in Switzerland. To begin with, Switzerland is one of the many countries that do not currently have an American-style class action. Suggestions to examine the possibility of introducing such a procedural vehicle have met with considerable opposition. Some of the reasons for that opposition are grounded in reactions to litigation in the United States. More broadly, however, there seems to be a general unease with civil litigation involving more than the traditional plaintiff and defendant and an occasional individual joined out of an …


Center Of Main Interests, International Insolvency Case Venue, And Equality Of Arms: The Eurofood Decision Of The European Court Of Justice, Samuel L. Bufford Jan 2007

Center Of Main Interests, International Insolvency Case Venue, And Equality Of Arms: The Eurofood Decision Of The European Court Of Justice, Samuel L. Bufford

Northwestern Journal of International Law & Business

The European Court of Justice ("E.C.J.") issued a ruling on May 2, 2006 in the Eurofood case, finding that the commencement of an insolvency case for Eurofood in Ireland gave the Irish court priority under E.U. law over a similar insolvency case commenced shortly thereafter in Italy. The E.C.J.'s ruling responded to the Supreme Court of Ireland's referral to the E.C.J. of five questions of E.U. law based on the E.U. Regulation on Insolvency Proceedings ("E.U. Regulation"). The Irish Supreme Court had referred these questions to the E.C.J. preliminary to deciding a pending appeal of the Dublin High Court's decision …


Legal Hurdles To Developing Wind Power As An Alternative Energy Source In The United States: Creative And Comparative Solutions, Adam M. Dinnell, Adam J. Russ Jan 2007

Legal Hurdles To Developing Wind Power As An Alternative Energy Source In The United States: Creative And Comparative Solutions, Adam M. Dinnell, Adam J. Russ

Northwestern Journal of International Law & Business

This article discusses how parties have used current domestic environmental laws to curb the development of a more "environmentally-friendly" alternative energy source: wind power. As the ever-increasing demand for oil and petroleum around the world leads to rising costs throughout the nation, investing in new energy sources is considered crucial to sustainable development in the United States. Wind power has the potential to serve as a clean, efficient, and renewable source of energy in the 21st Century. The further development of wind power could create a meaningful alternative energy supply, relaxing geopolitical and economic concerns over this country's strict century-old …


Que Lastima Zapata! Bad Cisg Ruling On Attorneys' Fees Still Haunts U.S. Courts, David B. Dixon Jan 2007

Que Lastima Zapata! Bad Cisg Ruling On Attorneys' Fees Still Haunts U.S. Courts, David B. Dixon

University of Miami Inter-American Law Review

No abstract provided.


Taking Fairness And Retroactivity From Immigration Law: Casenote On Fernandez-Vargas V. Gonzales, Gregory R. Hawran Jan 2007

Taking Fairness And Retroactivity From Immigration Law: Casenote On Fernandez-Vargas V. Gonzales, Gregory R. Hawran

University of Miami Inter-American Law Review

No abstract provided.


The Lisbon Compromise: A Synthesis Between Community Method And Union Acquis, Jacqueline Dutheil De La Rochère Jan 2007

The Lisbon Compromise: A Synthesis Between Community Method And Union Acquis, Jacqueline Dutheil De La Rochère

Fordham International Law Journal

Lisbon is a return to the community method: the word "Constitution" has disappeared along with the goal of drafting a self-sufficient document. A new treaty is proposed for ratification by Member States modifying on one side the Treaty on European Union ("TEU") and on the other side the Treaty establishing the European Community ("EC Treaty"); this last part of the modifying treaty is designated as the Treaty on the Functioning of the European Union ("TFEU"). Nothing has improved as regards clarity and simplification: the amendments cover 152 pages and prove very difficult to read in the absence of consolidation, not …


Western Unionizing The Hawala: The Privatization Of Hawalas And Lender Liability, Smriti S. Nakhasi Jan 2007

Western Unionizing The Hawala: The Privatization Of Hawalas And Lender Liability, Smriti S. Nakhasi

Northwestern Journal of International Law & Business

Hawala, an ancient banking system used predominantly in South Asia and the Middle East, has recently posed a regulatory quandary for law enforcement and capital markets.1 This comment addresses the pitfalls of a prominently proposed, well-intentioned solution to bring the hawala system into the modern banking structure and under the regulatory eye of law enforcement. As will be seen, the inherent nature of the hawala system and the lender risks associated with privatizing create enormous obstacles to realizing these privatization efforts. The problem with many proposed solutions is that they try to impose guidelines upon a system based on cultural, …


Burden Of Proof And The Prima Facie Case: The Evolving History And Its Applications In The Wto Jurisprudence, Ho Cheol Kim Jan 2007

Burden Of Proof And The Prima Facie Case: The Evolving History And Its Applications In The Wto Jurisprudence, Ho Cheol Kim

Richmond Journal of Global Law & Business

No abstract provided.


The Turn To Ethics: Disinvestment From Multinational Corporations For Human Rights Violations - The Case Of Norway's Sovereign Wealth Fund, Simon Chesterman Jan 2007

The Turn To Ethics: Disinvestment From Multinational Corporations For Human Rights Violations - The Case Of Norway's Sovereign Wealth Fund, Simon Chesterman

American University International Law Review

No abstract provided.


Challenges To Maritime Interception Operations In The War On Terror: Bridging The Gap, Sandra L. Hodgkinson, Edward Cook, Thomas Fichter, Christian Fleming, Jonathan Shapiro, Jon Mellis, Brandon Boutelle, Stephen Sarnoski, Gregory P. Noone Jan 2007

Challenges To Maritime Interception Operations In The War On Terror: Bridging The Gap, Sandra L. Hodgkinson, Edward Cook, Thomas Fichter, Christian Fleming, Jonathan Shapiro, Jon Mellis, Brandon Boutelle, Stephen Sarnoski, Gregory P. Noone

American University International Law Review

No abstract provided.


Chopping Away At Chapter 11: The Softwood Lumber Agreement's Effect On The Nafta Investor-State Dispute Resolution Mechanism, Matthew T. Simpson Jan 2007

Chopping Away At Chapter 11: The Softwood Lumber Agreement's Effect On The Nafta Investor-State Dispute Resolution Mechanism, Matthew T. Simpson

American University International Law Review

No abstract provided.


Personal Data Privacy Tradeoffs And How A Swedish Church Lady, Austrian Public Radio Employees, And Transatlantic Air Carriers Show That Europe Does Not Have The Answers, Edward C. Harris Jan 2007

Personal Data Privacy Tradeoffs And How A Swedish Church Lady, Austrian Public Radio Employees, And Transatlantic Air Carriers Show That Europe Does Not Have The Answers, Edward C. Harris

American University International Law Review

No abstract provided.


Las Reparaciones En El Derecho Internacional De Los Derechos Humanos, Derecho Internacional Humanitario Y Derecho Penal Internacional, Juan Pablo Perez-Leon Acevedo Jan 2007

Las Reparaciones En El Derecho Internacional De Los Derechos Humanos, Derecho Internacional Humanitario Y Derecho Penal Internacional, Juan Pablo Perez-Leon Acevedo

American University International Law Review

No abstract provided.


Balancing The Release Of Public Information During An Animal Disease Outbreak, Melanie Wilt Jan 2007

Balancing The Release Of Public Information During An Animal Disease Outbreak, Melanie Wilt

Case Western Reserve Journal of International Law

No abstract provided.


Breaking The Silence: Rape As An International Crime, Mark Ellis Jan 2007

Breaking The Silence: Rape As An International Crime, Mark Ellis

Case Western Reserve Journal of International Law

No abstract provided.


Media Responsibility During A Terrorist Attack, Josh Meyer Jan 2007

Media Responsibility During A Terrorist Attack, Josh Meyer

Case Western Reserve Journal of International Law

No abstract provided.


Simulation: From Initial Diagnosis To Three Days After, Charles Buck P. Adams, Kenneth Baca, Thomas Brisker, Leah C. Dorman Jan 2007

Simulation: From Initial Diagnosis To Three Days After, Charles Buck P. Adams, Kenneth Baca, Thomas Brisker, Leah C. Dorman

Case Western Reserve Journal of International Law

No abstract provided.


Biosecurity Under The Rule Of Law, Lawrence O. Gostin, David P. Fidler Jan 2007

Biosecurity Under The Rule Of Law, Lawrence O. Gostin, David P. Fidler

Case Western Reserve Journal of International Law

No abstract provided.


Volume 39 Issue 1 (2007), Cwru Journal Of International Law Jan 2007

Volume 39 Issue 1 (2007), Cwru Journal Of International Law

Case Western Reserve Journal of International Law

No abstract provided.


Masthead, Volume 39 Issue 2 (2007) Jan 2007

Masthead, Volume 39 Issue 2 (2007)

Case Western Reserve Journal of International Law

No abstract provided.


Victims Of Climate Change And Their Standing To Sue: Why The Northern District Of California Got It Right, Joseph M. Stancati Jan 2007

Victims Of Climate Change And Their Standing To Sue: Why The Northern District Of California Got It Right, Joseph M. Stancati

Case Western Reserve Journal of International Law

No abstract provided.


Boxed In - Semantic Indifference To Atrocity, David M. Crane Jan 2007

Boxed In - Semantic Indifference To Atrocity, David M. Crane

Case Western Reserve Journal of International Law

No abstract provided.


The International Criminal Court: Seeking Global Justice, Luis Moreno-Ocampo Jan 2007

The International Criminal Court: Seeking Global Justice, Luis Moreno-Ocampo

Case Western Reserve Journal of International Law

No abstract provided.


Acting Before Victims Become Victims: Preventing And Arresting Mass Murder, W. Michael Reisman Jan 2007

Acting Before Victims Become Victims: Preventing And Arresting Mass Murder, W. Michael Reisman

Case Western Reserve Journal of International Law

No abstract provided.


Enforcement Of Foreign Cultural Patrimony Laws In U.S. Courts: Lessons For Museums From The Getty Trial And Cultural Partnership Agreements Of 2006, Carrie Betts Jan 2007

Enforcement Of Foreign Cultural Patrimony Laws In U.S. Courts: Lessons For Museums From The Getty Trial And Cultural Partnership Agreements Of 2006, Carrie Betts

South Carolina Journal of International Law and Business

No abstract provided.


Migrant Access To Civil Justice In Beijing , Margaret Y. K. Woo, Christopher Day, Joel Hugenberger Jan 2007

Migrant Access To Civil Justice In Beijing , Margaret Y. K. Woo, Christopher Day, Joel Hugenberger

Loyola University Chicago International Law Review

No abstract provided.


Exporting South Africa's Social Rights Jurisprudence, Eric C. Christiansen Jan 2007

Exporting South Africa's Social Rights Jurisprudence, Eric C. Christiansen

Loyola University Chicago International Law Review

No abstract provided.


Towards A Right To Privacy In Transnational Intelligence Networks, Francesca Bignami Jan 2007

Towards A Right To Privacy In Transnational Intelligence Networks, Francesca Bignami

Michigan Journal of International Law

Privacy is one of the most critical liberal rights to come under pressure from transnational intelligence gathering. This Article explores the many ways in which transnational intelligence networks intrude upon privacy and considers some of the possible forms of legal redress. Part II lays bare the different types of transnational intelligence networks that exist today. Part III begins the analysis of the privacy problem by examining the national level, where, over the past forty years, a legal framework has been developed to promote the right to privacy in domestic intelligence gathering. Part IV turns to the privacy problem transnationally, when …


Averting Catastrophe: Why The Nuclear Nonproliferation Treaty Is Losing Its Deterrence Capacity And How To Restore It, Orde F. Kittrie Jan 2007

Averting Catastrophe: Why The Nuclear Nonproliferation Treaty Is Losing Its Deterrence Capacity And How To Restore It, Orde F. Kittrie

Michigan Journal of International Law

This Article analyzes from a legal perspective the responses of the international community, and especially the Security Council, to the examples of nuclear proliferation outlined in this Article and the impact of those responses on the vitality of the nuclear nonproliferation regime. In doing so, the Article identifies and focuses on two key, interrelated themes. The first theme is the effect on these responses of the NPT's remarkably weak mechanisms for detecting violations of NPT obligations. The second theme is the frequent strong reluctance of the international community, including the Security Council, to impose serious sanctions for proliferation activity when …


Filling The Void: International Legal Structures And Political Risk In Investment, Molly Zohn Jan 2007

Filling The Void: International Legal Structures And Political Risk In Investment, Molly Zohn

Fordham International Law Journal

This Article is broken into five sections. Part I defines political risk. Part II provides a brief review of the academic literature showing the work that has been done in this area of law. Part III argues that there have indeed been oscillations in the degree of political investment risk in the world and explains that investment risks rise when changes in the world power structure cause temporary power vacuums. Once new institutions emerge for the protection of investments, the level of risk declines. Part IV discusses the current trend, in which the world is witnessing the emergence of a …