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2007

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Articles 781 - 810 of 852

Full-Text Articles in International Law

Respecting Adolescents' Confidentiality And Reproductive And Sexual Choices, Rebecca J. Cook, Joanna Erdman, Bernard M. Dickens Jan 2007

Respecting Adolescents' Confidentiality And Reproductive And Sexual Choices, Rebecca J. Cook, Joanna Erdman, Bernard M. Dickens

Articles, Book Chapters, & Popular Press

Adolescents, defined as between 10 and 19 years old, present a growing challenge to reproductive health. Adolescent sexual intercourse contributes to worldwide burdens of unplanned pregnancy, abortion, spread of sexually transmitted infections (STIs), including HIV, and maternal mortality and morbidity. A barrier to contraceptive care and termination of adolescent pregnancy is the belief that in law minors intellectually mature enough to give consent also require consent of, or at least prior information to, their parental guardians. Adolescents may avoid parental disclosure by forgoing desirable reproductive health care. Recent judicial decisions, however, give effect to internationally established human rights to confidentiality, …

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Global Reach, Local Grasp: Constructing Extraterritorial Jurisdiction In The Age Of Globalization, Steve Coughlan, Robert Currie, Hugh Kindred, Teresa Scassa Jan 2007

Global Reach, Local Grasp: Constructing Extraterritorial Jurisdiction In The Age Of Globalization, Steve Coughlan, Robert Currie, Hugh Kindred, Teresa Scassa

Articles, Book Chapters, & Popular Press

The reach of national law is often greater than its grasp. Canada, like other countries, has effective legal power over its territory and all within it. However, one consequence of the current process of globalization, for good or ill, is that Canadian interests are no longer contained exclusively within Canadian borders. Canada thus finds it increasingly necessary to consider asserting its legal jurisdiction beyond its frontiers. Such extraterritorial assertion of Canadian authority may well run into strong opposition from other countries, who might view Canada as attempting to intervene in their own national territory and domestic affairs. Likewise, other states, …

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Inter-American System, Diego Rodriguez-Pinzon Jan 2007

Inter-American System, Diego Rodriguez-Pinzon

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Humanitarian Intervention: The New Missing Link In The Fight To Prevent Crimes Against Humanity And Genocide, Paul Williams Jan 2007

Humanitarian Intervention: The New Missing Link In The Fight To Prevent Crimes Against Humanity And Genocide, Paul Williams

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Training Law Students To Be International Transactional Lawyers - Using An Extended Simulation To Educate Law Students About Business Transactions, Daniel D. Bradlow, Jay Finkelstein Jan 2007

Training Law Students To Be International Transactional Lawyers - Using An Extended Simulation To Educate Law Students About Business Transactions, Daniel D. Bradlow, Jay Finkelstein

Scholarly Articles in Law Reviews & Journals

The article describes an innovative approach to educating law students about the legal issues and the role of lawyers in negotiating international business transactions. It is based on our experiences in developing and teaching a course that is built around a semester-long simulation exercise and taught in counterpart classes at two law schools. The students in these classes represent the opposing parties and negotiate a cross-border business transaction involving a joint venture agreement, a licensing agreement and a long-term supply contract. The students, who attend either the American University Washington College of Law or the Centre for Energy Mineral and …

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Private Finance, Social Responsibility, And Transitional Justice: The Case For South African Reconciliation And Development Bonds, Daniel D. Bradlow Jan 2007

Private Finance, Social Responsibility, And Transitional Justice: The Case For South African Reconciliation And Development Bonds, Daniel D. Bradlow

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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U.S. Policy And The United Nations Convention On The Law Of The Sea, John E. Noyes Jan 2007

U.S. Policy And The United Nations Convention On The Law Of The Sea, John E. Noyes

Faculty Scholarship

This essay examines U.S. attitudes toward the U.N. Convention on the Law of the Sea. Part I characterizes different U.S. perspectives toward foreign policy and international law, noting how these different viewpoints shape attitudes toward U.S. acceptance of the Convention. Part II then compares three concerns that U.S. Convention opponents have raised (relating to navigational freedom, U.S. participation in international institutions, and U.S. leadership in international affairs) to the perspectives associated with of one of the several different foreign policy approaches. Many followers of historically-predominant U.S. foreign policy approaches do not share the concerns of Convention opponents. However, even if …

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Inter-American System, Claudia Martin Jan 2007

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Catching Up With The Past: Recent Decisions Of The Inter-American Court Of Human Rights Addressing Gross Human Rights Violations Perpetrated During The 1970-1980s, Claudia Martin Jan 2007

Catching Up With The Past: Recent Decisions Of The Inter-American Court Of Human Rights Addressing Gross Human Rights Violations Perpetrated During The 1970-1980s, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Remarks On Intervention, Juan E. Mendez Jan 2007

Remarks On Intervention, Juan E. Mendez

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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A 'Social Dimension' In European Private Law? The Call For Setting A Progressive Agenda, Fernanda Nicola, Ugo Mattei Jan 2007

A 'Social Dimension' In European Private Law? The Call For Setting A Progressive Agenda, Fernanda Nicola, Ugo Mattei

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Aesthetics Of Commercial Law: Domestic And International Implications, Heather Hughes Jan 2007

Aesthetics Of Commercial Law: Domestic And International Implications, Heather Hughes

Scholarly Articles in Law Reviews & Journals

No abstract provided.

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Mission Possible: Reciprocal Deference Between Domestic Regulatory Structures And The Wto, Elizabeth Trujillo Jan 2007

Mission Possible: Reciprocal Deference Between Domestic Regulatory Structures And The Wto, Elizabeth Trujillo

Faculty Scholarship

One of the goals of Article III of GATT is to invalidate domestic regulatory measures, including taxes and non-fiscal policies that amount to non-tariff barriers to trade (NTB) and therefore violate the principles of national treatment. While internal policies that directly discriminate between products based on nationality or origin are clearly in violation of national treatment principles, it is the facially neutral regulatory measures with protectionist and discriminatory effects that are more difficult to assess, even within transparent regulatory processes. However, with their emphasis on the likeness of the products in question, WTO panels run the risk of alienating member …

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Shifting Paradigms Of Parochialism: Lessons For International Trade Law, Elizabeth Trujillo Jan 2007

Shifting Paradigms Of Parochialism: Lessons For International Trade Law, Elizabeth Trujillo

Faculty Scholarship

Much of the study of international private law has focused on exploring differences in legal systems in light of domestic issues or harmonization. Much less emphasis has been on accepting these various parochial interests as part of a global legal structure. This preliminary study into what drives parochial attitudes can help international trade scholars observe the traditions engendering these differing parochial attitudes and their impact on trade. Through a pluralist lens and in borrowing from studies in the social sciences on parochialism, this paper attempts to bring to light a world of "hybrid legal spaces" that adds complexity to the …

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Restorative Justice: What Is It And Does It Work?, Carrie Menkel-Meadow Jan 2007

Restorative Justice: What Is It And Does It Work?, Carrie Menkel-Meadow

Georgetown Law Faculty Publications and Other Works

This article reviews the now extensive literature on the varied arenas in which restorative justice is theorized and practiced — criminal violations, community ruptures and disputes, civil wars, regime change, human rights violations, and international law. It also reviews — by examining empirical studies of the processes in different settings — how restorative justice has been criticized, what its limitations and achievements might be, and how it might be understood. I explore the foundational concepts of reintegrative shaming, acknowledgment and responsibility, restitution, truth and reconciliation, and sentencing or healing circles for their transformative and theoretical potentials and for their actual …

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Culture, Power, And Law: Thinking About The Anthropology Of Rights In Thailand In And Era Of Globalization, Frank W. Munger Jan 2007

Culture, Power, And Law: Thinking About The Anthropology Of Rights In Thailand In And Era Of Globalization, Frank W. Munger

Articles & Chapters

No abstract provided.

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Preserving The Peace: The Continuing Ban On War Between States, Mary Ellen O'Connell Jan 2007

Preserving The Peace: The Continuing Ban On War Between States, Mary Ellen O'Connell

Journal Articles

The history of international law is, in large part, about the development of restraints on states' right to resort to force in dealing with external conflicts. Today, states may use force only in self-defense to an armed attack or with Security Council authorization. Even in these cases, states may use force only as a last resort, and then only if doing so will not disproportionately harm civilians, their property, or the natural environment. These rules restricting force are found in treaties (especially the United Nations Charter), customary international law, and the general principles of international law. In other words, the …

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Using Human Rights Treaties To Resolve Ambiguity: The Advent Of A Rights-Conscious Charming Betsy Canon, Melissa A. Waters Jan 2007

Using Human Rights Treaties To Resolve Ambiguity: The Advent Of A Rights-Conscious Charming Betsy Canon, Melissa A. Waters

Scholarship@WashULaw

This article considers the role of international human rights law in the domestic context, and examines in particular the use of what the author calls a "rights­-conscious Charming Betsy canon", whereby judges in New Zealand, Canada, the United States and Australia have interpreted statutory provisions (focusing on the case study of immigration law) so as to be consistent with international human rights norms. The author also considers the more radical use of the canon, proposed in particular by the High Court of Australia's Justice Kirby, which proposes that even constitutional texts may be interpreted to be consistent with international law, …

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Normativity In The "New" Schools: Assessing The Legitimacy Of International Legal Norms Created By Domestic Courts, Melissa A. Waters Jan 2007

Normativity In The "New" Schools: Assessing The Legitimacy Of International Legal Norms Created By Domestic Courts, Melissa A. Waters

Scholarship@WashULaw

One of the great legacies of the New Haven School was its early recognition of the tremendous dynamism and complexity of the international lawmaking process. Its proponents wisely rejected both Austinian positivism and the traditional conception of "law" as a dichotomy of "national" and "international" legal rules. Instead, the policy-oriented jurisprudence of the New Haven School recognized and embraced the interactivity of a multiplicity of decisionmakers in shaping the international legal regime. Moreover, in defining law as an iterative process of authoritative decisionmaking, the New Haven School recognized that authoritative decisions need not necessarily come from official bodies such as …

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Treaty Dialogue In Sanchez-Llamas: Is Chief Justice Roberts A Transnationalist, After All?, Melissa A. Waters Jan 2007

Treaty Dialogue In Sanchez-Llamas: Is Chief Justice Roberts A Transnationalist, After All?, Melissa A. Waters

Scholarship@WashULaw

Chief Justice John Roberts is generally considered to be a “nationalist” with respect to transnational judicial dialogue: for example, he has expressed skepticism as to the value of foreign authority in constitutional interpretation. In his majority opinion in Sanchez-Llamas v. Oregon, however, Roberts eagerly engages in treaty dialogue, by considering foreign and international sources in interpreting U.S. treaty obligations. This Essay examines Roberts’ use of both “direct” and “indirect” treaty dialogue in interpreting the Vienna Convention on Consular Relations. By engaging in dialogue with both treaty partners and the International Court of Justice, Roberts allows foreign precedent and practice to …

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Social Security For Migrant Workers: The Eu, Ilo & Treaty Based Regimes, Barbara J. Fick, Alma Clara Garcia Flechas Jan 2007

Social Security For Migrant Workers: The Eu, Ilo & Treaty Based Regimes, Barbara J. Fick, Alma Clara Garcia Flechas

Journal Articles

Migrant workers face special problems in terms of qualifying for, and receiving payment under, national social security systems. In an effort to mitigate these problems, many states coordinate their social security systems. This paper explores how coordination schemes work in regional mechanisms such as the European Union, in international conventions adopted by the International Labour Organisation, and in multi-lateral treaties such as the Andean Social Security Instrument.

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Article Iii And Supranational Judicial Review, Henry Paul Monaghan Jan 2007

Article Iii And Supranational Judicial Review, Henry Paul Monaghan

Faculty Scholarship

With the rise of supranational legislative bodies, the use of supranational adjudicatory bodies has also increased. These adjudicatory bodies have even been allowed to review the domestic law decisions offederal administrative agencies, and their decisions are insulated from any review by Article III courts. These developments have been met by intense opposition. This Article addresses the question whether, as claimed by several writers, the emerging supranational adjudicatory order impermissibly contravenes the "essential attributes of the judicial power established by Article III." Examining two case studies, the North American Free Trade Agreement (NAFTA) and the Supreme Court's recent decisions regarding Article …

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Treaties' Domains, Tim Wu Jan 2007

Treaties' Domains, Tim Wu

Faculty Scholarship

When and why do American judges enforce treaties? The question, always important, has become pressing in an age where the United States is party to over 12,000 international agreements. Article VI of the United States Constitution declares "all treaties" the "supreme Law of the Land," and American judges have long had the potential power, under the Constitution, to enforce treaties as they do statutes. But over the history of the United States, judges have not enforced treaties that way. Instead, judicial treaty enforcement is widely seen as unpredictable, erratic, and confusing. As a result, the question of treaty enforcement has …

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"Big Love"'? The Recognition Of Customary Marriages In South Africa, Penelope Andrews Jan 2007

"Big Love"'? The Recognition Of Customary Marriages In South Africa, Penelope Andrews

Articles & Chapters

This Comment contextualizes the issue of polygamous marriages within the South African constitutional paradigm, one committed unequivocally to the principle of equality. This Comment analyzes how South African law, European in origin, had to incorporate the laws and institutions of indigenous communities within the national legal framework, as part of the overall transformative legal project underway in the country since 1994. By focusing on the Recognition of Customary Marriages Act, this Comment examines such incorporation, while questioning its effect on the overall project of constitutionalism, human rights, and equality.

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Geography And International Law: Towards A Postcolonial Mapping, Tayyab Mahmud Jan 2007

Geography And International Law: Towards A Postcolonial Mapping, Tayyab Mahmud

Faculty Articles

Postcolonial theory aims at a critical interrogation of legitimizing knowledge claims put forward by proponents of the resurgent Empire. This article undertakes such an interrogation at the intersection of geography and international law. It aims to demonstrate that both modern geography and modern international law were constituted in, by, and through imperatives of Empire and unavoidably bear traces of their formative origin. The aim is to theorize the spatiality of global relations of domination and resistance under the shadow of international law. The article first identifies the vantage point of this critical engagement, namely postcolonial approach to inquiry. It then …

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Reinforcing Refugee Protection In The Wake Of The War On Terror, Edwin Odhiambo Abuya Jan 2007

Reinforcing Refugee Protection In The Wake Of The War On Terror, Edwin Odhiambo Abuya

Faculty Articles

This article examines how the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) can be used as a practical tool to enhance the protection of persons who have fled their home States in search of asylum in the wake of the global "war on terror." It compares and contrasts provisions of CAT to similar provisions contained in international refugee law. This article contends that, in some respects, the protection provisions of CAT are wider than those found in international refugee law, and, in other respects, narrower than those found in international refugee law. It concludes …

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Combating Corruption Through International Law In Africa: A Comparative Analysis, Won Kidane, Tom Snider Jan 2007

Combating Corruption Through International Law In Africa: A Comparative Analysis, Won Kidane, Tom Snider

Faculty Articles

"Little did we suspect," remarked Nelson Mandela, "that our own people, when they get that chance, would be as corrupt as the apartheid regime. That is one of the things that has really hurt us." Africa is the only continent that has grown poorer over the last three decades. The causes of Africa's existing predicaments are complete; however, there is no argument that deep-rooted corruption is one of the most serious contemporary developmental challenges facing the continent. Mr. Adama Dieng, who the Secretary General of the Organization of African Unity (OAU), the precursor of the African Union (AU), entrusted with …

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Civil Liability For Violations Of International Humanitarian Law: The Jurisprudence Of The Ethiopia-Eritrea Claims Tribunal In The Hague, Won Kidane Jan 2007

Civil Liability For Violations Of International Humanitarian Law: The Jurisprudence Of The Ethiopia-Eritrea Claims Tribunal In The Hague, Won Kidane

Faculty Articles

Violations of international humanitarian law are compensable by a state causing the violations. The roots of this obligation can be traced to Article 3 of Hague Convention IV, which states that a party to the conflict which violates the provisions of [international humanitarian law] shall . . . be liable to pay compensation. It shall be responsible for all acts committed by persons forming part of its armed forces. A similar rule is also contained in Protocol I Additional to the 1949 Geneva Conventions. In practice, the enforcement of this important provision of international humanitarian law has remained a matter …

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Past Reflections, Future Insights: African Asylum Law And Policy In Historical Perspective, Edwin Odhiambo Abuya Jan 2007

Past Reflections, Future Insights: African Asylum Law And Policy In Historical Perspective, Edwin Odhiambo Abuya

Faculty Articles

This article argues that an understanding of the evolution of asylum is an essential ingredient in the search for ideas and perspectives to the plight facing forced migrants. Using Kenya as a case study, the paper evaluates the extent to which procedures used to determine claims for asylum, protection outcomes and entitlements met international human rights and refugee law standards. It is contended that limited resources, porous boundaries and the mass movement of asylum seekers have compromised the level of protection offered to those who seek surrogate protection in African states like Kenya. In conclusion, critics in the area of …

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Mining And The World Heritage Convention: Democratic Legitimacy And Treaty Compliance, Natasha Affolder Jan 2007

Mining And The World Heritage Convention: Democratic Legitimacy And Treaty Compliance, Natasha Affolder

All Faculty Publications

International treaties and the institutions which administer them are increasingly the subjects of democratic scrutiny. In recent disputes surrounding mining projects in and around World Heritage Sites, the legitimacy of the World Heritage Convention regime has been attacked for a host of democratic failings. These accusations of democratic deficits originate from both opponents and supporters of the Convention regime. They challenge the compatibility of international processes with national law and institutions, raise questions of accountability and transparency, and revisit tensions between state sovereignty and common heritage. To foster compliance with the World Heritage Convention, we need to boldly engage with …

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