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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
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
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
Updates From The Regional Human Rights Systems, Anna Cabot, Suzanne Shams
Human Rights Brief
No abstract provided.
United Nations Update, Solomon Shinerock
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
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
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
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
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
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
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
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
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
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
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
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
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.
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
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
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
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
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
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
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
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
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
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
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
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
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.
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.