International Law Commons^™

The Iraq Debacle: The Rise And Fall Of Procurement-Aided Unilateralism As A Paradigm Of Foreign War, Charles Tiefer

All Faculty Scholarship

Four years of American mishandling of procurement of military support and reconstruction in Iraq insurgency has produced countless examples of waste and abuse. This can be attributed to three factors. First, the United State's diminished use of competitive contracting minimized scrutiny of the contractor's performance. Second, the Government's unilateralist approach to reconstruction overburdened the administration with the political and financial costs of "nation-building." Third, the United States' failure to account for Iraqi funds eliminated checks on misguided procurement and other spending. In this article, the author discusses the intersection of acquisition reform in the context of the United States' unilateral …

Doctrinal Development In United States Arbitration: A Metamorphosis Of Paradigms Beyond Gregor Samsa's Imagination, Pedro J. Martinez-Fraga

University of Miami International and Comparative Law Review

No abstract provided.

Gender Discrimination Fuels Sex Selective Abortion: The Impact Of The Indian Supreme Court On The Implementation And Enforcement Of The Pndt Act, Kristi Lemoine, John Tanagho

University of Miami International and Comparative Law Review

No abstract provided.

Fighting Baseball Doping In Latin America: A Critical Analysis Of Major League Baseball's Drug Prevention And Treatment Program In The Dominican Republic And Venezuela, Arturo J. Marcano Guevara, David P. Fidler

University of Miami International and Comparative Law Review

No abstract provided.

Great Lakes, Weak Policy: The Great Lakes-St. Lawrence River Basin Sustainable Water Resources Agreement And Compact And Non-Regulation Of The Water "Products" Industry, Lauren Petrash

University of Miami Inter-American Law Review

No abstract provided.

Of Protection And Sovereignty: Applying The Computer Fraud And Abuse Act Extraterritorially To Protect Embedded Software Outsourced To China , Carrie Greenplate

American University Law Review

No abstract provided.

Wong Kim Ark And Sentencia Que Declara Constitucional La Ley General De Migración 285-04 In Comparative Perspective: Constitutional Interpretation, Jus Soli Principles, And Political Morality, Patrick J. Glen

University of Miami Inter-American Law Review

No abstract provided.

Diamonds On The Souls Of Her Shoes: The Kimberly Process And The Morality Exception To Wto Restrictions, Karen E. Woody

Connecticut Journal of International Law

Al-haji Sawaneh, a child living in Sierra Leone, was kidnapped and conscripted into a rebel group.2 Shortly thereafter, he became a member of the Small Boys Unit ("S.B.U.") of the rebel group, participating in a number of horrific crimes against civilians and Sierra Leone's government soldiers. Sawaneh was one of thousands of child soldiers in Sierra Leone who played a major role in a bloody, decade-long civil war that claimed over 75,000 lives.' By the age of twelve, Sawaneh skillfully wielded an AK-47, issued to him because it was lightweight and more manageable for a small boy.4 The BBC reports …

Rethinking Extraterritorial Prosecution In The War On Terror: Examining The Unintentional Yet Foreseeable Consequences Of Extraterritorially Criminalizing The Provision Of Material Support To Terrorists And Foreign Terrorist Organizations, Alexander J. Urbelis

Connecticut Journal of International Law

Terrorists are an elusive bunch. The ability to track and terminate the source of terrorists' funding is central to making large strides against international terrorism. But the United States has had only limited success-terrorists have proved themselves to be thoughtful and formidable enemies, able to frustrate the most sophisticated efforts of their enemies by using the unconventional combination of ancient guerilla warfare tactics and advanced technologies to accomplish their goals.' In response to the tragic attacks of September 11, 2001, Congress passed the United and Strengthening America by Providing Appropriate Tools Required to Intercept and Obstruct Terrorism Act, or USA …

Legal Implications Of 'Safe Passage' Reconciling A Viable Palestinian State With Israel's Security Requirements, Justus Reid Weiner, Diane Morrison

Connecticut Journal of International Law

specially following the unilateral Israeli withdrawal from the Gaza Strip during the summer of 1995, legal scholars and policy makers have increasingly turned to the question of the viability of the future Palestinian state. Terms such as 'territorial contiguity,' 'territorial continuity,' 'territorial connectivity,' 'a viable state,' and 'safe passage' are commonly employed in references to the future state of Palestine, which will comprise two territorial areas. One area of the state will be in the Gaza Strip and the other will be in the West Bank. Approximately twenty miles of the Negev, the southern region of Israel, will separate the …

A Comparative Analysis Of The Tension Created By Disability Access And Historic Preservation Laws In The United States And England, Christopher Parkin

Connecticut Journal of International Law

What is more important: an unchanging image of Boston's Public Library and Old South Church or an elevator providing disabled passengers access to an underground subway station? In 2006, the First Circuit Court of Appeals was presented with this question when it was forced to balance historic preservation law and disability access law in Neighborhood Association of the Back Bay, Inc. v. Federal Transit Administration.' This case exemplifies the tension that exists between the preservation of historic structures that are open to the public and the obligation to make modifications to such structures and their surroundings to accommodate persons with …

Challenging Political Boundaries In Post-Conflict States, Angela M. Banks

Faculty Publications

No abstract provided.

Shari'ah. Islamic Law And Arab Business Ethics, Frederick V. Perry

Connecticut Journal of International Law

What is law, and what function does it have in our lives? Many people and many cultures answer those questions differently.' Ethics, among other things, are concerned with judging things to be good or bad, especially behavior.2 Islam and its teachings, particularly Islamic Law, as this article will attempt to describe, informs and encompasses all of the activities, mundane and spiritual of the devout Muslim, including how he or she views ethical responsibilities. The use of the term "law" as in "Islamic Law" does not necessarily imply national or state sanctioned, legislated statutes. A handful of countries rule themselves nearly …

The International Review | 2007 Fall, Michael Rhee

The International Review Newsletter

The U.S. Supreme Court and Global Warming: National and International Implications

Hedge funds: In need of international regulation?

Universal jurisdiction: Prosecuting any crimes committed anywhere?

Is the WTO Providing More Access to Essential Medicines?

KORUS: A trade agreement binding the United States and Korea?

The Outsourcing of Torture: “Extraordinary rendition” still shrouded in secrecy

“Enforced disappearances” convention: A casualty of the war on terror?

A better definition for “crime of aggression”?

Food safety: Weaknesses abroad and at home

The world’s first publicly-held law firm: Opportunities and dilemmas

Ethiopia v. Starbucks: A brewing trademark dispute?

Hitting the pocketbooks of human rights …

Car Flipping In The U.K.: The Vat Fraud Marketplace And Certified Solutions, Richard Thompson Ainsworth

Faculty Scholarship

Missing Trader Intra-Community (MTIC) fraud and its offspring carousel fraud and contra trading fraud are siphoning huge amounts of VAT revenue from the UK Treasury. This fraud is not a function of the goods involved. It is a function of the market-place. Recently another type of market-place dependent VAT fraud has taken hold in the UK - car-flipping.

In some instances the market-place where these frauds festers is a pre-existing or natural market-place, one that grows out of legitimate commercial practices. Fraudsters enter this market-place (so the argument goes) and take advantage of legitimate businesses who unwittingly get caught up …

Yassin V. Government Of Israel, Dorit Beinisch, Eliezer Rivlin, Ayala Procaccia

Translated Opinions

[This abstract is not part of the Court's opinion and is provided for the reader's convenience. It has been translated from a Hebrew version prepared by Nevo Press Ltd. and is used with its kind permission.]

A Petition under the Contempt of Court Ordinance, based on the argument that despite the long period of time that had elapsed since the hand down of the decision in HCJ 8414/05, Yassin v. The State of Israel (April 9, 2007), where the High Court of Justice ordered the Respondents to change the path of the security fence in the Bilin Area, in a …

Lipstick On A Caterpillar? Assessing The New U.N. Human Rights Council Through Historical Reflection, Balakrishnan Rajagopal

Buffalo Human Rights Law Review

No abstract provided.

How Japan's Recent Efforts To Reduce Sex Trafficking Can Be Improved Through International Human Rights Enforcement Mechanisms: Fulfilling Japan's Global Legal Obligations, Kerry E. Yun

Buffalo Human Rights Law Review

No abstract provided.

Saddam Hussein And The Ist On Trial: The Case For The Icc, Heidi M. Spalholz

Buffalo Human Rights Law Review

No abstract provided.

State Responsibility For Extraterritorial Human Rights Violations, Damira Kamchibekova

Buffalo Human Rights Law Review

No abstract provided.

International Adoption: Thoughts On The Human Rights Issues, Elizabeth Bartholet

Buffalo Human Rights Law Review

No abstract provided.

Allen Keiswetter On Women In The Middle East: Past And Present By Nikki R. Keddie. Princeton: Princeton University Press, 2006. 416pp., Allen Keiswetter

Human Rights & Human Welfare

A review of:

Women in the Middle East: Past and Present by Nikki R. Keddie. Princeton: Princeton University Press, 2006. 416pp.

Dual Subordination: Muslim Sexuality In Secular And Religious Legal Discourse In India, Aziza Ahmed

Faculty Scholarship

Muslim women and Muslim members of the Lesbian, Gay, Bisexual, and Transgender (LGBT) community face a specific form of dual subordination in relation to their gender and sexuality. A Muslim woman might seek solace from India's patriarchal religious judicial structures only to find that the secular system's patriarchal structures likewise aid in their subordination and create a space for new forms of such subordination. Similarly, a marginalized LGBT Muslim might attempt to reject an oppressive religious formulation only to come to find that the secular Indian state might criminalize a particular form of sexuality. This analysis explores how Indian laws …

Time For A Treaty? The Legal Sufficiency Of The Declaration On The Elimination Of All Forms Of Intolerance And Discrimination, Carolyn Evans

BYU Law Review

No abstract provided.

Legal Methods As A Point Of Reference For Comparative Studies Of Procedural Law, James Maxeiner

All Faculty Scholarship

This paper addresses the importance of comparative legal methods for study of comparative procedure.

Keynote Address: After Twenty-Five Years, Robert A. Seiple

BYU Law Review

No abstract provided.

Who Intervenes And Why It Matters: The Problem Of Agency In Humanitarian Intervention, Eric A. Heinze

Human Rights & Human Welfare

The debate over humanitarian intervention has tended to focus on the conditions under which the resort to armed intervention is permissible while paying less attention to which actors are best suited to engage in such a complicated and demanding undertaking. The purpose of this paper is to explore characteristics that affect the ability of potential agents of humanitarian intervention to effectively undertake this operationally and politically demanding task. While the military wherewithal of the intervener is fundamental, I argue that a potential intervener’s legitimacy as an agent or enforcer of humanitarian norms is also crucial in determining whether and the …

Law In Times Of War: The Case Of Chechnya, Federico Sperotto

Human Rights & Human Welfare

In October 1999 “the second Chechen war” broke out. In December the Russian federal army started an operation to take control of Grozny. During the confrontation between the Federal forces and the Chechen separatists, serious human rights violations occurred. Several cases concerning violations of fundamental rights, in and around the city, have been brought before the European Court of Human Rights against Russia. The lawsuits concerned in particular physical integrity issues. This study provides some insights on the jurisprudence of the European Court on Human Rights in order to ascertain the adequacy of the mechanism of protection provided by the …

A Study Of Interest, John Y. Gotanda

Working Paper Series

In recent years, a number of tribunals, mainly those deciding investment disputes, have re-examined traditional practices concerning the awarding of interest, particularly whether interest should be awarded at market rates and on a compounded basis. However, many tribunals deciding transnational contracts disputes continue to follow the practice of applying national laws on interest, which often results in the application of domestic statutory interest rates calling for a fixed rate of interest to accrue on a simple as opposed to compound basis. These statutory rates often do not change to reflect economic conditions and thus may under compensate or over compensate …

Elisabeth King On Researching Conflict In Africa : Insights And Experiences. Edited By Elisabeth Porter, Gillian Robinson, Marie Smyth, Albrecht Schnabel, And Eghosa Osaghae. New York : United Nations University Press, 2005. 160pp., Elisabeth King

Human Rights & Human Welfare

A review of:

Researching Conflict in Africa : Insights and Experiences. Edited by Elisabeth Porter, Gillian Robinson, Marie Smyth, Albrecht Schnabel, and Eghosa Osaghae. New York : United Nations University Press, 2005. 160pp.