International Law Commons^™

Rio Grande Reservoir Symposium: Federal Perspective - Upper Rio Grande Operations Model And Urwops Update, April Sanders

Publications

No abstract provided.

Historic El Vado Reservoir Operations, Viola Sanchez

Publications

No abstract provided.

Exile: Why The Human Rights Council Will Not Work, Daniel J. Graeber

Human Rights & Human Welfare

The Economist writes in an April 24th edition that the U.N.’s Human Rights Council, the predecessor to the sixty-year-old U.N. Commission on Human Rights, is a “one-sided Israeli-bashing” organization. The Economist argues that the inclusion of second- and third-tier countries from the Organization of Islamic Conference (OIC) and the Non-Aligned Movement (NAM) makes it a forum for targeting offenses committed by the Israeli government against the Palestinian people.

Christina M. Cerna On Truth And Reconciliation In South Africa, Did The Trc Deliver? Edited By Audrey R. Chapman And Hugo Van Der Merwe. Philadelphia: University Of Pennsylvania Press, 2008. 346 Pp., Christina M. Cerna

Human Rights & Human Welfare

A review of:

Truth and Reconciliation in South Africa, Did the TRC Deliver? Edited by Audrey R. Chapman and Hugo van der Merwe. Philadelphia: University of Pennsylvania Press, 2008. 346 pp.

Liberia's Gemap: A New Wave In Development Intervention?, Edefe Ojomo

Archived Theses and Dissertations

No abstract provided.

The International Security Presence In Kosovo And The Protection Of Human Rights, Federico Sperotto

Human Rights & Human Welfare

On March 11th, 2000, two children who were playing in the neighborhoods of Mitrovica, Kosovo, got hurt by an “unexploded ordnance”. One of them died in the explosion, the other was severely injured. An inquire clarified that the ordnance was a “bomblet”, a part of a cluster bomb dropped during the 1999 NATO air campaign against the Federal Republic of Yugoslavia.

© Federico Sperotto. All rights reserved.

This paper may be freely circulated in electronic or hard copy provided it is not modified in any way, the rights of the author not infringed, and the paper is not quoted or …

Foreword, Christina Clemm

San Diego International Law Journal

The authors of Volume 9: Issue 2 of the San Diego International Law Journal discuss a myriad of issues, tackling emerging and pressing problems in international law. Three articles discuss different aspects of international investment in real estate. The others discuss remedies for victims under international and national law; the limits imposed on rule against double jeopardy in the United States, United Kingdom, and potentially other countries; and the possibility of defamation liability of Internet and global publishers in foreign courts.

"Instant Karma": How Globalization Contests China's Abuses, Alison Brysk

Human Rights & Human Welfare

China’s rise from impoverished backwater to prospective superpower has been accompanied by the repression of tens of millions of its own people, at the hands of a nationalist, developmentalist government. Under contemporary conditions of globalization, suppression of civil liberties, domination of ethnic minorities, and unholy alliances with resource-rich dictatorships are no longer plausible requisites of this model—if they ever were. The broadening and deepening of economic globalization towards a more sustainable complex of political influence involves “soft power,” including international reputation and norms. Thus, China’s Olympian reach for true hegemony provides the best chance for human rights advocates to weave …

Beijing's Olympics: Pride, Appearance And Human Rights, Thomas Beal

Human Rights & Human Welfare

One lazy summer evening in Beijing, about fifteen years ago, my wife and I were strolling down Jianguomenwai, the bustling street adjacent to our flat in the Qijiayuan Diplomatic Compound. The day had been sweltering, and as the sun began to set the sidewalks filled with pedestrians who, like us, had escaped their stuffy apartments to take in a cool, soothing breeze.

Acquisition Of Real Estate In Mexico By U.S. Citizens And American Companies, Jorge A. Vargas

San Diego International Law Journal

Buying real estate in Mexico, or enjoying the beneficiary rights through a real estate trust, known in Mexico as fideicomiso, involves a considerable amount of money and effort. One must take into account that this legal transaction is executed in Mexico in accordance with Mexican law-a foreign legal system belonging to the civil legal tradition, contrasted by the U.S. legal system derivative of the common law tradition-and recognize that Americans and U.S. legal entities are typically quite unfamiliar with Mexican law. This Article provides a complete overview of the process of acquiring real estate in Mexico by Americans and U.S. …

Retrying The Acquitted In England Part Ii: The Exception To The Rule Against Double Jeopardy For Tainted Acquittals, David S. Rudstein

San Diego International Law Journal

Parliament enacted a statute in 1996 intended to limit the double jeopardy bar in some situations in which the defendant obtained an acquittal through improper means, thereby permitting the government to retry the person for the same offense of which he previously was tried and acquitted. The statute, part of the Criminal Procedure and Investigations Act 1996, allows a retrial when an individual's acquittal was tainted, which, under the statute, means an acquittal resulting from interference with, or intimidation of, a juror, witness, or potential witness. In allowing a retrial in such circumstances, the statute creates an exception to the …

Victims And Promise Of Remedies: International Law Fairytale Gone Bad, Sanja Djajic

San Diego International Law Journal

The aim of this Article is to examine such developments and the current availability of remedies for human rights violations in general. The Author will also examine the appropriateness of such remedies and opportunities to pursue them. The Article starts by identifying remedies in international law. This is followed by a case study and analysis of attempts by several national judiciaries to grapple with remedies prescribed by international law, against the background of international and national remedies. In the course of examining the reasons for an inadequate remedial structure, the Article will focus on several national cases. They will illustrate …

Confronting The Limits Of The First Amendment: A Proactive Approach For Media Defendants Facing Liability Abroad, Michelle A. Wyant

San Diego International Law Journal

This Article confronts the limits this issue imposes on the First Amendment in four parts. Part I described the potential for conflicting defamation laws and forum shopping to undermine the American media's speech protections in the context of the Internet and global publications and outlines the Article's overall method of analysis. Part II first orients these conflicting defamation laws with respect to their development from the common law. It then frames them in terms of the underlying structural and policy differences that have produced their substantive divergence. This frame provides the analytical perspective through which this Article examines the varying …

Title Insurance In Mexico: A Necessary Protection, Duplicative Expense, Or Something In Between, Christina Clemm

San Diego International Law Journal

This Comment is written for those interested in buying property in Mexico and for the professionals who advise them. It begins by analyzing whether title insurance companies provide a necessary service for those purchasing property in Mexico. This section of the Comment addresses issues related to the protections afforded by Mexican law and whether title insurance is duplicative in light of those protections. It also discusses another option for a buyer, obtaining an opinion from a Mexican attorney. It goes on to analyze whether having a title insurance company maneuver the Mexican courts is a justification for its purchase. It …

The Proliferation Of Global Reits And The Cross-Borderization Of The Asian Market, Julius L. Sokol

San Diego International Law Journal

After a brief discussion on the history of REITs, this Article goes on to analyze their importance and role within the global and Asian economy. Next, the underlying motivations for legal amendments to the REIT structures are discussed, as well as the socio-economic benefits associated with coordinating liberal REIT legislation throughout Asia. Subsequently, this article analyzes the various regulatory aspects of the regimes in Japan, Singapore, Hong Kong, South Korea, Thailand and Malaysia. In exploring their shortcomings, comparisons are made to the highly successful United States REIT structure. Given the history of our nation's regime, it goes without saying that …

From Russia With Love: The Legal Repercussions Of The Recruitment And Contracting Of Foreign Players In The National Hockey League, Jeffrey P. Gleason

Buffalo Law Review

No abstract provided.

Extraterritoriality In U.S. Patent Law, Timothy R. Holbrook

William & Mary Law Review

Globalization has eroded traditional territorial limits on intellectual property laws. Although this pressure was first seen in trademark and copyright law, recent court decisions have demonstrated that the territorial lines of U.S. patents are also under assault. Indeed, the Supreme Court recently considered extraterritoriality in U.S. patent law in its 2007 decision in Microsoft Corp. v. AT&T Corp., discussed thoroughly in this Article. Courts and commentators have offered two primary approaches to deal with the issue of the extraterritorial reach of U.S. patents. First, many courts, including the Supreme Court, continue to adhere to a strict view of a patent's …

Shrinking The Space For Denial: The Impact Of The Icty In Serbia, Diane Orentlicher

Research Reports & White Papers

This groundbreaking report published by the Open Society Justice Initiative examines the impact in Serbia of the International Criminal Tribunal for the former Yugoslavia (ICTY). Shrinking the Space for Denial: The Impact of the ICTY in Serbia is the most comprehensive analysis to date of the court's impact in a country directly affected by its work. The report by Diane Orentlicher, professor of international law at American University's Washington College of Law and special counsel to the Justice Initiative, is published in conjunction with the 15th anniversary of the ICTY's founding. The 134-page report provides a detailed look at the …

The Incomplete Global Market For Tax Information, Steven A. Dean

Faculty Scholarship

No abstract provided.

The Incomplete Global Market For Tax Information, Steven A. Dean

Faculty Scholarship

No abstract provided.

The Bounds Of Necessity, Jens David Ohlin

Cornell Law Faculty Publications

The current controversy surrounding the legality of torture can only be understood through an analysis of the distinction between justified necessity and excused necessity. Although there may be strong prudential reasons for international criminal courts to declare torture unlawful under any circumstance, this would not necessarily prevent a court from recognizing that an excuse may apply. However, the hallmark of the necessity excuse should not be understood, as it is in German law, as an exception that only applies when a defendant breaks the law to save someone close to him. Rather, the basic principle of the excuse ought to …

Sport And Politics, Christine Bell

Human Rights & Human Welfare

I found the reflection interesting, but unsurprising. Protestors use the Olympic spotlight (or should we say torch?) to shine on China’s flaws, and China tries to re-direct or extinguish its beams.

May Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

"China's Olympic Delusion" by Jeffrey N. Wasserstrom. Nation. March 19, 2008.

Seductions Of Imperialism: Incapacitating Life, Fetishizing Death And Catastrophizing Ecologies, Anna M. Agathangelou

Human Rights & Human Welfare

“China’s Olympic Delusion” is a great piece which gestures to the ironies and/or contradictions of political systems in bed with imperialist-capitalism as we know it at this time: the tensions between a dominant idea that liberal democracy is the best political system to pay attention to and address human rights, and capitalism with no limits, can go hand-in-hand. This is merely the delusion, and also the fantasy, that keeps “us” (i.e., citizens, intellectuals etc) put, and from thinking critically.

Catatan Atas Masalah Aktual Perjanjian Internasional, Hikmahanto Juwana

Indonesian Journal of International Law

The matter of treaty is always be interesting to discuss, especially when it somes to the question whether a state will regard a treaty which has been ratified as a part of national law that could be directly executed or not. Many opinions from various experts have been spelt out in different media. This article will discuss various aspects of treaty especially in Indonesian legal system, which was previously presented in a seminar organized by Center for International Law Studies and Ministry of Foreign Affairs overviewed certain affairs regarding implementation of treaties in Indonesia.

Berbagi Isu Aktual Dalam Pelaksanaan Undang-Undang Perjanjian Internasional, Achmad Zen Umar Purba

Indonesian Journal of International Law

Despite controversial issue upon the implementation of the Law No. 24 Year 2000 on treaties, the treaty itself was a high achievement in Indonesian national legal system. This article explains certain matters arising in the implementation of treaties in Indonesia. The thoughts were given in a seminar organized by Center for International Law Studies and Ministry of Foreign Affairs overviewed certain affairs regarding implementation of treaties in Indonesia.

Kajian Akademis (Teoritis Dan Praktis) Atas Undang-Undang Nomor 24 Tahun 2000 Tentang Perjanjian Internasional Berdasarkan Hukum Perjanjian Internasional, I Wayan Partiana

Indonesian Journal of International Law

There are a lot of various toward The Law on Treaties which has been enacted by the Government of Indonesia back in 2000, including whether it has been implemented properly or interpreted correctly. This article tries to discuss certain academic analysis upon the Law No. 24 Year 2000 on Treaties from the Law of Treaties point of view.

Status Hukum Perjanjian Internasional Dalam Hukum Nasional Ri Tinjauan Dari Perspektif Praktek Indonesia, Damos Dumoli Agusman

Indonesian Journal of International Law

It is always interesting to compare between academic analysis and practical matter in implementing treaties in Indonesia. This article tries to overview treaties and its relevant affairs from practical perspective which of course will enrich the discussion of treaty implementation and pinpoint what aspects should be further scruitnized.

Beberapa Catatan Atas Permasalahan Treaty Di Indonesia, Ko Kwan Sik

Indonesian Journal of International Law

It is always interesting to analyze how a state treats a treaty which has been ratified in its own national legal system. Recently there was a seminat organized by Center for International Law Studies and Ministry of Foreign Affairs overviewed certain affairs regarding implementation of treaties in Indonesia. This article tries to answer certain important questions arising in the practives of Indonesian government toward application of treaties, including those issues relating to the Law No.24 Year 2000 on Treaties, as provided in the Term of Reference (TOR) of the Seminar [Editorial Note]

Kedudukan Hukum Internasional Dalam Sistem Hukum Nasional, Melda Kamil Ariadno

Indonesian Journal of International Law

In every discussion regarding international law principles, the doctine of applicaion of treaties in national legal system, as usually reffered as the relaton between international law and national law, always becomes the major topic. States have its own way to determine the relation between two legal systems, as to consider which treaties would be directly applied in national legal system and which ones would need implementing regulations after its ratification.