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International Law Commons

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2008

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Articles 151 - 180 of 864

Full-Text Articles in International Law

Who Is Really Protecting Barbie: Goliath Or The Silver Knight? A Defense Of Mattel's Aggressive International Attemps To Protect Its Barbie Copyright And Trademark, Liz Somerstein Jul 2008

Who Is Really Protecting Barbie: Goliath Or The Silver Knight? A Defense Of Mattel's Aggressive International Attemps To Protect Its Barbie Copyright And Trademark, Liz Somerstein

University of Miami Inter-American Law Review

No abstract provided.


Globalization And Housing Rights, Padraic Kenna Jul 2008

Globalization And Housing Rights, Padraic Kenna

Indiana Journal of Global Legal Studies

This article seeks to explore the relationship between the growing phenomenon of globalization and the field of housing rights. I begin with a general description of globalization, and move on to discuss its effect on homelessness, and on housing systems across the world. I examine the role of global corporations; the globalization of housing finance and real estate investment; the reordering of cities and slums; the idea of the minimalist state; and the effects of privatization. I examine the rise of governance networks and how they have created new patterns of making law; globalization's effect on housing policy; and its …


Bankruptcy Policy: A Review And Critique Of Bankruptcy Statutes And Practices In Fifty Countries Worldwide, Ziad Raymond Azar Jul 2008

Bankruptcy Policy: A Review And Critique Of Bankruptcy Statutes And Practices In Fifty Countries Worldwide, Ziad Raymond Azar

Cardozo Journal of International and Comparative Law

Bankruptcy law plays a crucial role in a capitalist economy by facilitating resource reallocation through creative destruction, with its effectiveness hinging on balancing creditor protection and debtor rehabilitation. The article examines bankruptcy statutes and practices across 50 countries, emphasizing the need for efficient, practical reforms that maximize estate value while addressing global diversity in insolvency frameworks. It advocates for a comprehensive approach to bankruptcy law, ensuring transparency, fairness, and alignment with economic goals.


Condominium Arrangements In International Practice: Reviving An Abandoned Concept Of Boundary Dispute Resolution, Joel H. Samuels Jul 2008

Condominium Arrangements In International Practice: Reviving An Abandoned Concept Of Boundary Dispute Resolution, Joel H. Samuels

Articles

No abstract provided.


Oil And Remittances In The Middle East, Azza El-Sharabassy Jul 2008

Oil And Remittances In The Middle East, Azza El-Sharabassy

Graduate Program in International Studies Theses & Dissertations

This dissertation constructs a framework for understanding the determinants of remittances. It develops the effects of multiple macro economic variables in one area in the Middle East on the remittances flows and the future development of (another Arab neighboring country) Egypt. The framework will explore the relationship between oil prices and remittances from oil based economies (mainly Saudi-Arabia, Kuwait and the Arab Emirates) to a labor exporting country (Egypt). It also highlights the impact of multiple variables affecting the flow of remittances from labor exporting Arab countries: (1) Prices of oil. (2) Oil revenues. (3) Differentials in deposit interest rate …


Transnational Legal Practice 2006-2007, Laurel S. Terry, Carol Silver, Ellyn Rosen, Carol A. Needham, Robert E. Lutz, Peter D. Ehrenhaft Jul 2008

Transnational Legal Practice 2006-2007, Laurel S. Terry, Carol Silver, Ellyn Rosen, Carol A. Needham, Robert E. Lutz, Peter D. Ehrenhaft

All Faculty Scholarship

Law practice continues to expand across borders, and lawyers and law firms from the United States and other countries are substantially invested in representations that take them outside of their home jurisdictions.[1] Unfortunately, reliable information relating to the extent of internationalization of the legal market is scarce. Neither the number of lawyers and law firms working in the international legal services market nor the receipts generated from internationally-related work are readily and reliably available. Nevertheless, statistics from both the United States and United Kingdom provide a sense of the numbers from the largest present sources of international legal practice.

In …


The Course Of True Human Rights Progress Never Did Run Smooth, Diane Marie Amann Jul 2008

The Course Of True Human Rights Progress Never Did Run Smooth, Diane Marie Amann

Scholarly Works

As the United States moves toward the inauguration in January 2009 of a new President, greater attention is paid to what the country might do to restore and reinforce its traditional role as a leader in the promotion of human rights. This essay warns against any assumption that innovation alone will assure greater enforcement of rights; its points of reference are not only the current administration, but also one long past, that of President John F. Kennedy. Rather than jump to embrace new, global concepts like responsibility to protect, therefore, it argues for careful pursuit of local change. It then …


Climate Change: The China Problem, Michael P. Vandenbergh Jul 2008

Climate Change: The China Problem, Michael P. Vandenbergh

Vanderbilt Law School Faculty Publications

The central problem confronting climate change scholars and policymakers is how to create incentives for China and the United States to make prompt, large emissions reductions. China recently surpassed the United States as the largest greenhouse gas emitter, and its projected future emissions far outstrip those of any other nation. Although the United States has been the largest emitter for years, China's emissions have enabled critics in the United States to argue that domestic reductions will be ineffective and will transfer jobs to China. These two aspects of the China Problem, Chinese emissions and their influence on the political process …


Transdisciplinary Conflict Of Laws Foreword: Cavers's Double Legacy, Karen Knop, Ralf Michaels, Annelise Riles Jul 2008

Transdisciplinary Conflict Of Laws Foreword: Cavers's Double Legacy, Karen Knop, Ralf Michaels, Annelise Riles

Cornell Law Faculty Publications

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Mission Creep: De-Militarizing Humanitarian Protection, Sonia Cardenas Jul 2008

Mission Creep: De-Militarizing Humanitarian Protection, Sonia Cardenas

Human Rights & Human Welfare

Over a decade ago, the U.S. military was warning liberal internationalists about the dangers of "mission creep." Today it is doing the opposite, incorporating relief and development work into its operations. In the devastating aftermath of Cyclone Nargis in Burma , the U.S. military's newfound mission may seem compelling. Unfortunately, expanding the military's role into humanitarian work reflects a flawed logic that should be resisted. There are more promising ways to protect victims of humanitarian disaster.


When Steel And Guns Meets Bread And Butter, Daniel J. Graeber Jul 2008

When Steel And Guns Meets Bread And Butter, Daniel J. Graeber

Human Rights & Human Welfare

Speaking before the 191-member United Nations in 2005, then-British Prime Minister Tony Blair said that "For the first time . we are agreed that states do not have the right to do what they will within their own borders but that we in the name of humanity have a common duty to protect people where their own governments will not." This notion, that of responsible sovereignty , says that nation states forfeit the right to uninterrupted internal freedoms when they no longer uphold the responsibilities associated with sovereignty.


The Brits Do It Better, David Cole Jun 2008

The Brits Do It Better, David Cole

Georgetown Law Faculty Publications and Other Works

No abstract provided.


A V. State Of Israel, Dorit Beinisch, Edmond E. Levy, Ayala Procaccia Jun 2008

A V. State Of Israel, Dorit Beinisch, Edmond E. Levy, 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.] 

Appeals challenging the decisions of the District Court who upheld the legality of the appellants’ arrests under the Internment of Unlawful Combatants Law 5762-2002 (hereinafter: the Act.) We are concerned with the private case of the appellants, residents of the Gaza Strip, who in 2002-2003 were arrested in an administrative arrest under the security legislation that applies in the strip, when as a result …


“Militant Judgement?: Judicial Ontology, Constitutional Poetics, And ‘The Long War’”, Penelope J. Pether Jun 2008

“Militant Judgement?: Judicial Ontology, Constitutional Poetics, And ‘The Long War’”, Penelope J. Pether

Working Paper Series

This Article, a contribution to the Cardozo Law Review symposium in honor of Alain Badiou’s Being and Event, uses Badiou’s theorizing of the event and of the militant in Being and Event as a basis for an exploration of problems of judicial ontology and constitutional hermeneutics raised in recent decisions by common law courts dealing with the legislative and executive confinement of “Islamic” asylum seekers, “enemy combatants” and “terrorism suspects,” and certain classes of criminal offenders in spaces beyond the doctrines, paradigms and institutions of the criminal law. The Article proposes an ontology and a poetics of judging equal to …


The Development Of Nato Ebao Doctrine: Clausewitz's Theories And The Role Of Law In An Evolving Approach To Operations, Colonel Jody M. Prescott Jun 2008

The Development Of Nato Ebao Doctrine: Clausewitz's Theories And The Role Of Law In An Evolving Approach To Operations, Colonel Jody M. Prescott

Penn State International Law Review (1982 - 2011)

No abstract provided.


On Armed Conflict, Human Rights, And Preserving The Rule Of Law In Latin America, Luz E. Nagle Jun 2008

On Armed Conflict, Human Rights, And Preserving The Rule Of Law In Latin America, Luz E. Nagle

Penn State International Law Review (1982 - 2011)

No abstract provided.


Reining In Rambo: Prosecuting Crimes Committed By American Military Contractors In Iraq, Christopher D. Belen Jun 2008

Reining In Rambo: Prosecuting Crimes Committed By American Military Contractors In Iraq, Christopher D. Belen

Penn State International Law Review (1982 - 2011)

No abstract provided.


Does "Made In China" Translate To "Watch Out" For Consumers? The U.S. Congressional Response To Consumer Product Safety Concerns, Julia A. Phillips Jun 2008

Does "Made In China" Translate To "Watch Out" For Consumers? The U.S. Congressional Response To Consumer Product Safety Concerns, Julia A. Phillips

Penn State International Law Review (1982 - 2011)

No abstract provided.


The Arkansas And Republican River Compacts: Litigation And Lessons, John B. Draper Jun 2008

The Arkansas And Republican River Compacts: Litigation And Lessons, John B. Draper

Publications

No abstract provided.


Abiquiu Reservoir Present And Future, Andrew Lieuwen, Ph.D. Jun 2008

Abiquiu Reservoir Present And Future, Andrew Lieuwen, Ph.D.

Publications

No abstract provided.


An Environmental Perspective On Rio Grande Reservoirs, Kara Gillon Jun 2008

An Environmental Perspective On Rio Grande Reservoirs, Kara Gillon

Publications

No abstract provided.


Rio Grande Reservoirs: Legal Framework And Operations, Herman Settemeyer Jun 2008

Rio Grande Reservoirs: Legal Framework And Operations, Herman Settemeyer

Publications

No abstract provided.


Overview Of Reservoir Operations And Water Management In New Mexico, Kevin G. Flanigan Jun 2008

Overview Of Reservoir Operations And Water Management In New Mexico, Kevin G. Flanigan

Publications

No abstract provided.


Systematic Municipal Water Use Accounting And Gpcd Calculations, John W. Longworth Jun 2008

Systematic Municipal Water Use Accounting And Gpcd Calculations, John W. Longworth

Publications

No abstract provided.


June Roundtable: Introduction Jun 2008

June Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

"A Screaming Start: The UN and Human Rights." The Economist. April 24, 2008.


The Human Rights Council: A Failure In Global Governance, Eric K. Leonard Jun 2008

The Human Rights Council: A Failure In Global Governance, Eric K. Leonard

Human Rights & Human Welfare

“The UN and Human Rights: A Screaming Start,” makes several valid points of concern in regards to the recently formed Human Rights Council. As the article stipulates, in many ways the Council does not look radically different from its predecessor, the Human Rights Commission, in that it fails to provide membership regulations that would keep “not free” states of the Council (with only twenty-three out of forty-seven states defined as free) and it lacks the clout in the political hierarchy to truly accomplish anything of substance. However, the article does point out that the one mechanism that could prove useful …


The Myth Of Membership: Reforming The U.N. Human Rights Council, Sonia Cardenas Jun 2008

The Myth Of Membership: Reforming The U.N. Human Rights Council, Sonia Cardenas

Human Rights & Human Welfare

The purportedly new-and-improved Human Rights Council is, by most accounts, failing to live up to its promise. Critics accuse the Council of following in the footsteps of its predecessor the U.N. Human Rights Commission because it permits rights abusers among its ranks and it focuses overwhelmingly on Israel. The dominant assumption, articulated by the United States, is that this is a problem of membership; more stringent criteria would result in a less biased body. This, however, is wishful thinking. Changing the rules of membership would only substitute one set of biases for another. A productive dialogue about reforming the Human …


The Emergence Of Transnational Constitutionalism: Its Features, Challenges And Solutions, Jiunn-Rong Yeh, Wen-Chen Chang Jun 2008

The Emergence Of Transnational Constitutionalism: Its Features, Challenges And Solutions, Jiunn-Rong Yeh, Wen-Chen Chang

Penn State International Law Review (1982 - 2011)

No abstract provided.


Volume 27, Number 1: Table Of Contents Jun 2008

Volume 27, Number 1: Table Of Contents

Penn State International Law Review (1982 - 2011)

No abstract provided.


The Westernization Of Chinese Bankruptcy: An Examination Of China's New Corporate Bankruptcy Law Through The Lens Of The Uncitral Legislative Guide To Insolvency Law, Steven J. Arsenault Jun 2008

The Westernization Of Chinese Bankruptcy: An Examination Of China's New Corporate Bankruptcy Law Through The Lens Of The Uncitral Legislative Guide To Insolvency Law, Steven J. Arsenault

Penn State International Law Review (1982 - 2011)

No abstract provided.