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International Law Commons

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2007

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Articles 481 - 510 of 852

Full-Text Articles in International Law

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

International Legal Updates, Natalie Huls, Art Steele, Huwaida Arraf, Courtney Nicolaisen, Miya Saika Chen, Solomon Shinerock

Human Rights Brief

No abstract provided.


Updates From The International Criminal Courts, Elizabeth J. Rushing, Linda Frautschi, Jaime M. Gher, Anne Heindel, Angela Edman Jan 2007

Updates From The International Criminal Courts, Elizabeth J. Rushing, Linda Frautschi, Jaime M. Gher, Anne Heindel, Angela Edman

Human Rights Brief

No abstract provided.


Updates From The Regional Human Rights Systems, Anna Cabot, Suzanne Shams Jan 2007

Updates From The Regional Human Rights Systems, Anna Cabot, Suzanne Shams

Human Rights Brief

No abstract provided.


United Nations Update, Solomon Shinerock Jan 2007

United Nations Update, Solomon Shinerock

Human Rights Brief

No abstract provided.


Diplomatic Immunity Ratione Personae Did The International Court Of Justice Create A New Rule Of Customary International Law In Congo V Belgium, Mark A. Summers Jan 2007

Diplomatic Immunity Ratione Personae Did The International Court Of Justice Create A New Rule Of Customary International Law In Congo V Belgium, Mark A. Summers

Faculty Scholarship

No abstract provided.


Conceptualizing Intimate Violence And Gender Equality: A Comparative Approach, Valorie K. Vojdik Jan 2007

Conceptualizing Intimate Violence And Gender Equality: A Comparative Approach, Valorie K. Vojdik

Fordham International Law Journal

Part I discusses the treatment of domestic violence as a human rights issue under international law, focusing on the shift in the conceptualization of violence against women from a private matter to a human rights issue. By framing gender-based violence as a means to perpetuate the social, economic, and political inequality of women, the international community has imposed positive obligations upon the state to not only punish but to prevent gender-based violence and to eliminate its root causes. In Parts II and III, I contrast the approaches of the highest courts of the United States and South Africa. Part II …


New Ways Of Thinking About Cultural Property: A Critical Appraisal Of The Antiquities Trade Debates, Alexander A. Bauer Jan 2007

New Ways Of Thinking About Cultural Property: A Critical Appraisal Of The Antiquities Trade Debates, Alexander A. Bauer

Fordham International Law Journal

In debates over the trade in archaeological objects or antiquities, on one end are those who believe that everyone has a shared interest in and claim to the common heritage of humanity, and thus support a vibrant and legal trade in cultural materials. On the other end are those who believe that cultural objects have special significance for specific groups and thus support the efforts of such groups to regulate their trade and seek their repatriation. The aim of this Essay is to critically examine the components of each group's arguments--their goals, assumptions, and inconsistencies--and try, where possible, to identify …


Adjudicating Genocide: Is The International Court Of Justice Capable Of Judging State Criminal Responsibility?, Dermot Groome Jan 2007

Adjudicating Genocide: Is The International Court Of Justice Capable Of Judging State Criminal Responsibility?, Dermot Groome

Fordham International Law Journal

Last February, the International Court of Justice issued a judgement adjudicating claims by Bosnia and Herzegovina that Serbia breached the 1948 Genocide Convention – the case marks the first time a state has made such claims against another. The alleged genocidal acts were the same as those that have been the subject of several criminal trials in the Yugoslav Tribunal. The judgment contained several landmark rulings – among them, the Court found that a state, as a state, could commit the crime of genocide and the applicable standard of proof for determining state responsibility is comparable to the standard used …


Human Rights And The European Court Of Justice: An Appraisal, Elizabeth F. Defeis Jan 2007

Human Rights And The European Court Of Justice: An Appraisal, Elizabeth F. Defeis

Fordham International Law Journal

Through the decisions of the European Court of Justice ("ECJ"), human rights have been placed at the forefront of the agenda of the European Union ("EU"). In analyzing the jurisprudence of the Court, one is struck both by the substantive impact that it has had on the development of human rights throughout the Union and by the procedural route through which this has been accomplished. This brief Essay will attempt to highlight both of these developments and explore some of the challenges that the Court faces as it confronts a vastly different world from that facing Europe in 1957.


The Application Of Community Law By National Courts Ex Officio, Richard H. Lauwaars Jan 2007

The Application Of Community Law By National Courts Ex Officio, Richard H. Lauwaars

Fordham International Law Journal

This Essay will mainly deal with the administrative jurisdiction, but to the extent that it is relevant, will also pay attention to civil suits as well, in a national context as in the Union. The Essay will describe the development of the case-law of the Court of Justice concerning the ex officio application of Community law, starting with the well-known van Schijndel & van Veen v. Stichting Pensioenfonds voor Fysiotherapeuten and Peterbroeck, Van Campenhout & Cie SCS v. Belgian State cases of December 14, 1995 and ending with the van der Weerd & Others v. Minister van Landbouw, Natuur en …


Consumers Of Financial Services And Multi-Level Regulation In The European Union, Caroline Bradley Jan 2007

Consumers Of Financial Services And Multi-Level Regulation In The European Union, Caroline Bradley

Fordham International Law Journal

This Article focuses on the changing role of consumers of financial services in the development of financial services policy in the European Union (“EU”), illustrating tensions between two models of supranational rule-making: the technical and the political. As the European mode of governance has developed by claiming legitimacy largely through functional participation, it is important to focus on the workings of functional participation, and whether it delivers the claimed legitimacy. The first section of the Article describes in outline four different phases of financial services related policy-making in Europe: the period before the Single European Act, the period leading up …


Two Forms Of Modernization In European Competition Law, David J. Gerber Jan 2007

Two Forms Of Modernization In European Competition Law, David J. Gerber

Fordham International Law Journal

This Article makes two central claims. One is that the two processes are related in important ways and that neither can be fully understood without understanding the other. The other is that the relationships between the two reveal changes in the dynamics of European competition law that have so far been little noticed. This Article first sets out briefly the basic outlines of the procedural modernization process, focusing on aspects of its dynamics that are particularly relevant to the ties between it and the process of substantive modernization. It next depicts the process that I call “substantive modernization,” identifying the …


Improving Competition In European Energy Markets Through Effective Unbundling, Neelie Kroes Jan 2007

Improving Competition In European Energy Markets Through Effective Unbundling, Neelie Kroes

Fordham International Law Journal

This Article is structured as follows: first, it summarizes the European approach to developing integrated and well-functioning electricity and gas markets, giving an overview of the opening of energy markets through Community legislation and the development of the current unbundling regime. It puts the European approach in perspective, outlining experiences with unbundling in the United States. Secondly, the malfunctioning of European energy markets is analyzed, presenting the findings of the Sector Inquiry. It then explains how the problems identified can be addressed using instruments at the Commission's disposal, namely competition law enforcement and legislation. In this context, the main elements …


Fifty Years Of Ec/Eu External Relations: Continuity And The Dialogue Between Judges And Member States As Constitutional Legislators, Pieter Jan Kuijper Jan 2007

Fifty Years Of Ec/Eu External Relations: Continuity And The Dialogue Between Judges And Member States As Constitutional Legislators, Pieter Jan Kuijper

Fordham International Law Journal

First, the progressive development of the Common Foreign and Security Policy (“CFSP”) and European Security and Defense Policy (“ESDP”) in the successive Treaty amendments will be sketched in its character as heritage of the French Fouchet Plan of 1961-62. Second, the idea of a dialogue between the European Court of Justice (“ECJ”) and the Member States as constitutional law-givers will be sketched in greater detail. This presumably will enable us to recognize some kind of continuity in these developments and the final question to be answered will be whether this continuity is also apparent in the considerably amended provisions on …


Silver Threads Among The Gold . . . 50 Years Of The Free Movement Of Goods, Laurence W. Gormley Jan 2007

Silver Threads Among The Gold . . . 50 Years Of The Free Movement Of Goods, Laurence W. Gormley

Fordham International Law Journal

The European Community (“EC”) is 50 years old this year, albeit having undergone a change of name and, just to confuse everyone, the articles of the Treaty establishing the European Community (“EC Treaty”) underwent a change in numbering. If the Treaty of Lisbon comes into force, the European Community itself will disappear, being absorbed into the European Union (“EU”), and the present EC Treaty will become the Treaty on the Functioning of the European Union (“FEU”). It is thus appropriate that this issue of the Fordham International Law Journal be devoted to the Golden Anniversary of the European (Economic) Community, …


International Justice And Shifting Paradigms: Foreward, James T. Tsai Jan 2007

International Justice And Shifting Paradigms: Foreward, James T. Tsai

Case Western Reserve Journal of International Law

No abstract provided.


Truth Commissions: Between Impunity And Prosecution, Thomas Buergenthal Hon. Jan 2007

Truth Commissions: Between Impunity And Prosecution, Thomas Buergenthal Hon.

Case Western Reserve Journal of International Law

No abstract provided.


Updating The Domestic And International Impact Of The U.S. Victims Of Trafficking Protection Act Of 2000: Does Law Deter Crime?, Susan W. Tiefenbrun Jan 2007

Updating The Domestic And International Impact Of The U.S. Victims Of Trafficking Protection Act Of 2000: Does Law Deter Crime?, Susan W. Tiefenbrun

Case Western Reserve Journal of International Law

No abstract provided.


Transitional Justice And Post-Conflict Israel/Palestine: Assessing The Applicability Of The Truth Commission Paradigm, Ariel Meyerstein Jan 2007

Transitional Justice And Post-Conflict Israel/Palestine: Assessing The Applicability Of The Truth Commission Paradigm, Ariel Meyerstein

Case Western Reserve Journal of International Law

No abstract provided.


Against The Surgical Requirement For Chance Of Legal Sex, Harper Jean Tobin Jan 2007

Against The Surgical Requirement For Chance Of Legal Sex, Harper Jean Tobin

Case Western Reserve Journal of International Law

No abstract provided.


Foreword To The Fifth Plague: Foreward, Amos N. Guiora, Erin M. Page Jan 2007

Foreword To The Fifth Plague: Foreward, Amos N. Guiora, Erin M. Page

Case Western Reserve Journal of International Law

No abstract provided.


Balancing Individual Rights And Public Health Safety During Quarantine: The U.S. And Canada, Erin M. Page Jan 2007

Balancing Individual Rights And Public Health Safety During Quarantine: The U.S. And Canada, Erin M. Page

Case Western Reserve Journal of International Law

No abstract provided.


Simulation: From Three Days After Diagnosis Onward, Amos Guiora, Carl Adrianopoli, Charles J. Couch, Leah C. Dorman Jan 2007

Simulation: From Three Days After Diagnosis Onward, Amos Guiora, Carl Adrianopoli, Charles J. Couch, Leah C. Dorman

Case Western Reserve Journal of International Law

No abstract provided.


On Terrorism And Whistleblowing, Michael P. Scharf, Colin T. Mclaughlin Jan 2007

On Terrorism And Whistleblowing, Michael P. Scharf, Colin T. Mclaughlin

Case Western Reserve Journal of International Law

No abstract provided.


Canadian Legal And Policy Measures That Could Be Used To Respond To A Foot And Mouth Disease In The United States, Gloria Mintah, Carolyn Inch Jan 2007

Canadian Legal And Policy Measures That Could Be Used To Respond To A Foot And Mouth Disease In The United States, Gloria Mintah, Carolyn Inch

Case Western Reserve Journal of International Law

No abstract provided.


Lessons Learned From The Fifth Plague, Amos N. Guiora, Erin M. Page Jan 2007

Lessons Learned From The Fifth Plague, Amos N. Guiora, Erin M. Page

Case Western Reserve Journal of International Law

No abstract provided.


Foot And Mouth Disease Responses In Ohio, Leah Dorman Jan 2007

Foot And Mouth Disease Responses In Ohio, Leah Dorman

Case Western Reserve Journal of International Law

No abstract provided.


Amending The Alien Tort Claims Act: Protecting Human Rights Or Closing Off Corporate Accountability, Kevin R. Carter Jan 2007

Amending The Alien Tort Claims Act: Protecting Human Rights Or Closing Off Corporate Accountability, Kevin R. Carter

Case Western Reserve Journal of International Law

No abstract provided.


Neither Purse Nor Sword: Lessons Europe Can Learn From American Courts' Struggle For Democratic Legitimacy, Kevin J. Mitchell Jan 2007

Neither Purse Nor Sword: Lessons Europe Can Learn From American Courts' Struggle For Democratic Legitimacy, Kevin J. Mitchell

Case Western Reserve Journal of International Law

No abstract provided.


Statutory And Regulatory Authority Delineating Ohio Animal Disease Control In Ohio, William A. Hopper Jr. Jan 2007

Statutory And Regulatory Authority Delineating Ohio Animal Disease Control In Ohio, William A. Hopper Jr.

Case Western Reserve Journal of International Law

No abstract provided.