Open Access. Powered by Scholars. Published by Universities.®

International Law Commons™

Open Access. Powered by Scholars. Published by Universities.®

2007

Discipline
Institution
Keyword
Publication
Publication Type
File Type

Articles 451 - 480 of 852

Full-Text Articles in International Law

Tax Reform And Promoting A Culture Of Philanthropy: Guatemala's "Third Sector" In An Era Of Peace, Archana Sridhar Jan 2007

Tax Reform And Promoting A Culture Of Philanthropy: Guatemala's "Third Sector" In An Era Of Peace, Archana Sridhar

Fordham International Law Journal

Three major sections comprise this Article. Part I offers a historical overview of recent Guatemalan tax reform efforts and goals for civil society, based on the 1996 Peace Accords. Part II maps and analyzes the current provisions regarding philanthropy and regulation of the NGO sector in Guatemala, including discussion of the limitations imposed by constitutional doctrine. Part III explores recommendations for Guatemalan reform in the areas of philanthropy and civil society, based in part on the negotiations of the 2006-2007 Pacto Fiscal Commission as well as recent recommendations for Latin America in general. While there has been a burgeoning conversation …

Go to article

The Failure Of Corporate Governance In State Owned Enterprises And The Need For Restructured Governance In Fully And Partially Privatized Enterprises: The Case Of Kenya, Kiarie Mwaura Jan 2007

The Failure Of Corporate Governance In State Owned Enterprises And The Need For Restructured Governance In Fully And Partially Privatized Enterprises: The Case Of Kenya, Kiarie Mwaura

Fordham International Law Journal

This Article argues that the initiatives adopted in order to make parastatals more efficient are inadequate and will not realize the intended objectives unless the chief executives of parastatals are hired on a competitive basis, given more autonomy and the government is committed not only to designing performance contracts that set realistic standards, but also enforcing them strictly. It also contends that there is a need to streamline the multiple regulations that govern parastatals and reform the corporate regulatory framework of the private sector in order to raise standards of corporate governance and, as a result, ensure that the privatized …

Go to article

The Passionate Expression Of Hate: Constitutional Protections, Emotional Harm And Comparative Law, Amnon Reichman Jan 2007

The Passionate Expression Of Hate: Constitutional Protections, Emotional Harm And Comparative Law, Amnon Reichman

Fordham International Law Journal

This Article will examine two possible models that seek to resolve the tension in principle: The U.S. model, under which speech enjoys preeminence, and the Israeli model, that protects human dignity as the principal value. Section I will outline and analyze a recent Israeli case that led to the first criminal conviction for the violation of an Israeli statute prohibiting the infliction of harm on religious sentiments. This case will provide a reference point for a three-part comparative analysis of the U.S. and Israeli models. Section II will address the normative infrastructure that separates the two models, Sections III and …

Go to article

Constitutional Exclusion And Gender In Commonwealth Africa, Johanna E. Bond Jan 2007

Constitutional Exclusion And Gender In Commonwealth Africa, Johanna E. Bond

Fordham International Law Journal

Part I of this article briefly describes customary law and explores the effect of colonialism on legal pluralism and the region's early post-colonial constitutions. Part II describes the structure and content of constitutional clauses that exclude personal law and customary law from constitutional non-discrimination protection. Part III briefly examines international and regional human rights law and offers a pragmatic conclusion that countries must eliminate exclusionary clauses in order to conform to human rights commitments. Part IV provides a theoretical justification for eliminating exclusionary clauses from these constitutions. This section builds upon feminist theory and dialogic constitutionalism to argue that countries …

Go to article

Practice And Predicament: The Nationality Of The International Arbitrator (With Survey Results), Ilhyung Lee Jan 2007

Practice And Predicament: The Nationality Of The International Arbitrator (With Survey Results), Ilhyung Lee

Fordham International Law Journal

This Essay builds on the available literature to date and offers a more probing examination of the international arbitrator and nationality. The opening section reiterates how arbitrator nationality relates to the traditional requirements of arbitrator impartiality, independence, and neutrality (with which the "arbitrator" is most synonymous); how arbitral rules seek diversity of nationality between the tribunal and the parties; the underlying reasons for national neutrality being the accepted practice in international arbitration; and criticisms of the practice. With this background in place, the Essay poses challenging questions relating to the arbitrator's nationality, with the aid of hypothetical permutations of an …

Go to article

Seeking Justice For Victims In Darfur: The Darfur Legal Training Program, Genevieve A. Cox, Jerome C. Roth Jan 2007

Seeking Justice For Victims In Darfur: The Darfur Legal Training Program, Genevieve A. Cox, Jerome C. Roth

Fordham International Law Journal

With relatives displaced from their homes and a fiancée who was arbitrarily imprisoned and abused in Darfur, Hayat comes to her work with victims in the refugee camps with a personal stake. ... This commitment to human rights defense and victims' advocacy led Hanifa and eight of his Sudanese colleagues to the Darfur Legal Training Program (the "Program"), a first-of-its-kind seminar in June of 2007 led by the American Bar Association Litigation Section (the "Section"), with funding from the MacArthur Foundation. ... The Program brought these lawyers to London for a week to train with a faculty of American trial …

Go to article

Women, Children, And Victims Of Massive Crimes: Legal Developments In Africa, Justice Richard J. Goldstone Jan 2007

Women, Children, And Victims Of Massive Crimes: Legal Developments In Africa, Justice Richard J. Goldstone

Fordham International Law Journal

This issue of the Fordham International Law Journal is devoted to African themes. The articles concentrate on the most vulnerable in Africa, namely children, women and the victims of massive crimes.

Go to article

The Challenges Of International Criminal Prosecutions In Africa, Okechukwu Oko Jan 2007

The Challenges Of International Criminal Prosecutions In Africa, Okechukwu Oko

Fordham International Law Journal

This article evaluates the problems and challenges of international criminal prosecutions in Africa.Part I examines the values of criminal prosecution. It examines whether international criminal prosecutions can be used as a vehicle to contribute to "national reconciliation and to the restoration and maintenance of peace." I concede that punishing perpetrators of evil is definitively a viable mechanism for combating impunity. In appropriate cases, the criminal process can be deployed to engineer compliance with the law and to deter would-be perpetrators of evil. I argue, however, that the objectives of using criminal prosecution to reestablish social equilibrium and promote reconciliation, though …

Go to article

Seeing The Forest For The Treaties: The Evolving Debates On Forest And Forestry Activities Under The Clean Development Mechanism Ten Years After The Kyoto Protocol, Romulo Silveira Da Rocha Sampaio Jan 2007

Seeing The Forest For The Treaties: The Evolving Debates On Forest And Forestry Activities Under The Clean Development Mechanism Ten Years After The Kyoto Protocol, Romulo Silveira Da Rocha Sampaio

Fordham International Law Journal

This Article focuses on the evolving debates concerning jointly implemented forest and forestry activities. More specifically, this Article focuses on forest and forestry activities under the Clean Development Mechanism ("CDM"). The 1997 Kyoto Protocol to the United Nations Framework Convention on Climate Change ("Kyoto Protocol") effectively created the project-based flexibility mechanisms that would allow for joint implementation of policies and measures under the climate change legal regime. Article 6 envisioned joint implementation (between developed countries and economies in transition), and Article 12 envisioned the CDM (between developed and developing countries). The overall objective of this Article is to identify the …

Go to article

Child Soldiers, Slavery And The Trafficking Of Children, Susan Tiefenbrun Jan 2007

Child Soldiers, Slavery And The Trafficking Of Children, Susan Tiefenbrun

Fordham International Law Journal

This article will examine the complex relationship of human trafficking, slavery, and child soldiering. Part I will examine the root causes of the development and expansion of the use of child-soldiers. Part II will examine the international and domestic laws and instruments that protect against the use of children as soldiers. Part III will examine some literary representations of the crime of child soldiering in order to raise the readers' awareness of the depths of this atrocity. Part IV will conclude by offering practical suggestions and economic solutions to make these legal instruments more effective. Children are humanity's most valuable …

Go to article

The Foreign Sovereign Immunities Act: Using A "Shield" Statute As A "Sword" For Obtaining Federal Jurisdiction In Art And Antiquities Cases, Lauren Fielder Redman Jan 2007

The Foreign Sovereign Immunities Act: Using A "Shield" Statute As A "Sword" For Obtaining Federal Jurisdiction In Art And Antiquities Cases, Lauren Fielder Redman

Fordham International Law Journal

The political winds are changing, and a more liberal United States government may very well be receptive to ratification of the Rome Statute of the International Criminal Court (ICC). The nature and scope of international law are also changing. Individuals are sharing responsibility with states for grave breaches of international law, and globalization has resulted in a marked increase in international tribunals deciding disputes affecting individual interests. Despite these trends, Americans have been wary of the International Criminal Court. Federal courts principles borrowed from the legal process school can and should be implemented to govern relations between ICC and domestic …

Go to article

Proving State Responsibility For Genocide: The Icj In Bosnia V. Serbia And The International Commission Of Inquiry For Darfur, Ademola Abass Jan 2007

Proving State Responsibility For Genocide: The Icj In Bosnia V. Serbia And The International Commission Of Inquiry For Darfur, Ademola Abass

Fordham International Law Journal

This Article discusses the Bosnia v. Serbia case and the Darfur Inquiry and asks whether, in coming to their respective decisions on Serbia and Sudan's responsibilities, the ICJ and the ICID did all that was required of them, especially under the law of State responsibility. This Article first considers whether, despite striking similarities in the circumstances of Darfur and Srebrenica, the ICID's decision that genocide did not occur in Darfur is credible, defensible and could withstand legal analysis under international law. The analysis here juxtaposes the ICID's findings with the ICJ's decision on the Srebrenica genocide.

Go to article

Photo Essay: The Crisis In Darfur, Olivier Bercault Jan 2007

Photo Essay: The Crisis In Darfur, Olivier Bercault

Fordham International Law Journal

This is a photo essay about the internal conflict in Darfur, one of the world's poorest and most inaccessible regions, on Sudan's western border with Chad.

Go to article

The Lisbon Treaty: A Brief Outline, Giorgio Maganza Jan 2007

The Lisbon Treaty: A Brief Outline, Giorgio Maganza

Fordham International Law Journal

The story of the Lisbon Treaty cannot be told--nor can a brief outline thereof be sketched--without going back to the Constitutional Treaty, which represents the background to the Lisbon Treaty and against which the Lisbon Treaty ought to be assessed. That is why the present outline will first refer to the Constitutional Treaty, before addressing the structure and the content of the Lisbon Treaty.

Go to article

Fifty Years Of European Community Law , Roger J. Goebel Jan 2007

Fifty Years Of European Community Law , Roger J. Goebel

Fordham International Law Journal

Thus, it is highly appropriate for the Fordham Center on European Union Law and the Fordham International Law Journal ("ILJ") to join efforts to celebrate the achievements of the European Community, with particular recognition of the role and influence of the EC Court of Justice. Our conference, Fifty Years of European Community Law, held on February 29 and March 1, 2008, assembled thirty leading European and American experts in EU law fields, together with five former Court of Justice members and national court judges, for an impressive program reviewing different fields. This issue of the ILJ is the first of …

Go to article

The Development By The Court Of Justice Of The Duties Of Cooperation Of National Authorities And Community Institutions Under Article 10 Ec, John Temple Lang Jan 2007

The Development By The Court Of Justice Of The Duties Of Cooperation Of National Authorities And Community Institutions Under Article 10 Ec, John Temple Lang

Fordham International Law Journal

Article 10 of the European Community Treaty has gradually given rise to a large body of case law on a wide variety of subjects, including several profoundly important constitutional principles of Community law: the duty of national courts to give effective protection to rights given by Community law, the duty to give direct effect to directives against the State, the duty to interpret national law so as to be compatible with Community law, and the right to judicial review. These principles are the foundation of the constitutional structure that the Court of Justice has built, in which national courts ensure …

Go to article

Economic Governance In The European Union: Should Fiscal Stability Outweigh Economic Growth In The Stability And Growth Pact?, Roger J. Goebel Jan 2007

Economic Governance In The European Union: Should Fiscal Stability Outweigh Economic Growth In The Stability And Growth Pact?, Roger J. Goebel

Fordham International Law Journal

This Article will initially discuss the genesis of the Stability and Growth Pact (“SGP”) in 1996-1997. The second section will analyze the legal structure of the legislation adopted in 1997 to enforce the stability aspect of the SGP, i.e., the Multilateral Surveillance Regulation (“MSR”) and the Initial Excessive Deficit Regulation (“EDR”). Next, the Article will briefly review the operational disputes over the application of the EDR to France and Germany in 2002-2003, culminating in the impasse at the November 25, 2003 Ecofin Council meeting. The following section will first summarize and then analyze the Court of Justice's judgment in 2004 …

Go to article

Fifty Years Of European Union Law: A Panel Of Present And Former Judges, Moderated By Roger Goebel, Francis Jacobs, Richard Lauwaars, John L. Murray, Lord Slynn Of Hadley Jan 2007

Fifty Years Of European Union Law: A Panel Of Present And Former Judges, Moderated By Roger Goebel, Francis Jacobs, Richard Lauwaars, John L. Murray, Lord Slynn Of Hadley

Fordham International Law Journal

We are very pleased, very honored, to end this conference, this academic workshop, with a panel of present and former judges, who have kindly agreed to talk informally and frankly about some interesting issues that concern the European Court of Justice. We have two judges who are current judges: John Murray, the Chief Justice of the Supreme Court of Ireland; and we have Richard Lauwaars, who is a member of the Dutch Council of State, the supreme administrative court. And then we have Francis Jacobs, who has recently retired as Advocate General at the Court of Justice after three terms …

Go to article

Defending Individuals Accused Of Genocide, Mikhail Wladimiroff Jan 2007

Defending Individuals Accused Of Genocide, Mikhail Wladimiroff

Case Western Reserve Journal of International Law

No abstract provided.

Go to article

Origins Of The Genocide Convention, Henry T. King Jr., Benjamin B. Ferencz, Whitney R. Harris Jan 2007

Origins Of The Genocide Convention, Henry T. King Jr., Benjamin B. Ferencz, Whitney R. Harris

Case Western Reserve Journal of International Law

No abstract provided.

Go to article

International Legal Updates, Natalie Huls, Art Steele, Mihir Mankad, Huwaida Arraf, Courtney Nicolaisen, Miya Saika Chen Jan 2007

International Legal Updates, Natalie Huls, Art Steele, Mihir Mankad, Huwaida Arraf, Courtney Nicolaisen, Miya Saika Chen

Human Rights Brief

No abstract provided.

Go to article

Pursuit Of A Rights-Based Approach To Migration: Recent Developments At The Un And The Inter-American System, Sarah Paoletti Jan 2007

Pursuit Of A Rights-Based Approach To Migration: Recent Developments At The Un And The Inter-American System, Sarah Paoletti

Human Rights Brief

No abstract provided.

Go to article

United Nations Update, Solomon Shinerock Jan 2007

United Nations Update, Solomon Shinerock

Human Rights Brief

No abstract provided.

Go to article

The Empty U.S. Chair: United States Nonparticipation In The Negotiations On The Definition Of Aggression, Garth Schofield Jan 2007

The Empty U.S. Chair: United States Nonparticipation In The Negotiations On The Definition Of Aggression, Garth Schofield

Human Rights Brief

No abstract provided.

Go to article

International Legal Updates, Matthew Solis, Jennifer Jaimes, Rukayya Furo, Ari Levin, Morgan E. Rog, Mahreen Gillani, Alex Cheng Jan 2007

International Legal Updates, Matthew Solis, Jennifer Jaimes, Rukayya Furo, Ari Levin, Morgan E. Rog, Mahreen Gillani, Alex Cheng

Human Rights Brief

No abstract provided.

Go to article

Updates From The Regional Human Rights Systems, Natalie M. Huls, Sara Ramey Jan 2007

Updates From The Regional Human Rights Systems, Natalie M. Huls, Sara Ramey

Human Rights Brief

No abstract provided.

Go to article

Ngo Update, Julie A. Gryce Jan 2007

Ngo Update, Julie A. Gryce

Human Rights Brief

No abstract provided.

Go to article

Rwanda’S Troubled Gacaca Courts, Christopher J. Le Mon Jan 2007

Rwanda’S Troubled Gacaca Courts, Christopher J. Le Mon

Human Rights Brief

No abstract provided.

Go to article

Ensuring A Responsibility To Protect: Lessons From Darfur, Anonymous Jan 2007

Ensuring A Responsibility To Protect: Lessons From Darfur, Anonymous

Human Rights Brief

No abstract provided.

Go to article

An Analysis Of The Development And Adoption Of The United Nations Convention Recognizing The Rights Of Individuals With Disabilities: Why The United States Refuses To Sign This Un Convention, Tracy R. Justesen, Troy R. Justesen Jan 2007

An Analysis Of The Development And Adoption Of The United Nations Convention Recognizing The Rights Of Individuals With Disabilities: Why The United States Refuses To Sign This Un Convention, Tracy R. Justesen, Troy R. Justesen

Human Rights Brief

No abstract provided.

Go to article

First Prev Next Last