International Law Commons^™

(Presidential) Powers In The European Union, Daniela Caruso

Faculty Scholarship

Presidential Powers and Functional Equivalence The comparative methodology embraced by Jenny Martinez, the first speaker on this panel, is functionalism - a traditional tool for comparative inquiries.' Functionalism starts from the pragmatic assumption that societies sharing similar values will perform identical tasks even if by means of different rules. Functionalism posits the possibility of comparing the relative success of such rules, and hence borrowing useful insights from analogous foreign experiences.2 Accordingly, Professor Martinez has identified functional common ground in various legal systems, analyzed the scope and substance of presidential powers in several European States, and skillfully compared the status of …

Innovative Legal Education And Its Role In Developing The State Based On The Rule Of Law: Analysis Of The U.S. Law Schools Academic Experience And The Prospects Of Its Implementation In The Republic Of Belarus, Tatiana Selezneva

Journal of Legal Education

No abstract provided.

The Future Of International Criminal Justice, Georgetown University Law Center

Philip A. Hart Memorial Lecture

On March 19, 2008, the Honorable Richard Goldstone, former justice on the Constitutional Court of South Africa, delivered the Georgetown Law Center’s twenty-eithth Annual Philip A. Hart Memorial Lecture: "The Future of International Criminal Justice."

Goldstone graduated from the University of the Witwatersrand with a BA LLB cum laude in 1962. After graduating, he practiced as an advocate at the Johannesburg Bar.

In 1976 he was appointed senior counsel and in 1980 was made a judge of the Transvaal Supreme Court. In 1989 he was appointed to the Appellate Division.

From 1991 to 1994 he served as the chairperson of …

One Size Fits All? Ghanaian Perceptions Of Law Enforcement And The Importation Of American Community Policing, Angela West Crews, Gordon A. Crews, Kofi Boye-Doe

Criminal Justice Faculty Research

The purpose of this presentation was to introduce a research project that the authors have ongoing with the Ghana National Police Service (Accra, Ghana, Africa). This focus of this project is to assist the Ghanaian police in the development and implementation of a “community policing” program. In 2008, a new Director of Community Policing had been hired, although she expressed that she and the officers had absolutely no training or education in theories and practices related to community policing. This presentation showcased the authors’ initial efforts to help solve that problem. Three major aspects are covered in this presentation, 1) …

Mtic (Carousel) Fraud: Twelve Ways Forward; Two Ways "Preferred" - Has The Technology-Based Administrative Solution Been Rejected?, Richard Thompson Ainsworth

Faculty Scholarship

In a May 31, 2006 Communication to the Council, the European Parliament, and the European Economic and Social Committee, the European Commission indicated a need to develop a co-ordinated strategy to improve the fight against fiscal fraud [COM(2006) 254 final]. Although the Communication considers fiscal fraud broadly (VAT, excise duties and direct taxes) the most pressing need seems to be for a VAT strategy that will effectively deal with MTIC (Missing Trader Intra-Community) or carousel fraud. To this end the Commission hosted a conference: Fiscal Fraud - Tackling VAT Fraud: Possible Ways Forward. The March 29, 2007 conference was constructed …

Interview Of John M. Weekes Conducted By Rosine Plank-Brumback On March 7, 2008 And July 7, 2008, Institute Of International Economic Law, Georgetown University Law Center

The Oral History Project of the World Trading System

Interview of John M. Weekes, Former Canadian Ambassador to the GATT & WTO; Former Chief NAFTA Negotiator, conducted by Rosine Plank-Brumback. Transcript includes introductory text written by John M. Weekes on June 20, 2023. Interview is split between two dates, March 7, 2008 and July 7, 2008. The interview conducted on July 7, 2008 starts on page 61.

Interview Of Mr. Åke Lindén Conducted By Rosine Plank-Brumback On March 5, 2008, Institute Of International Economic Law, Georgetown University Law Center

The Oral History Project of the World Trading System

Interview of Mr. Åke S. Lindén, Former Special Adviser to the Director-General; Former Director for Legal Affairs and for Tariffs, GATT Secretariat, conducted by Rosine Plank-Brumback on March 5, 2008.

Interview Of David Hartridge Conducted By Rosine Plank-Brumback On March 4 And 6, 2008, Institute Of International Economic Law, Georgetown University Law Center

The Oral History Project of the World Trading System

Interview of David Hartridge, Former Acting Director-General and Director for Trade in Services, WTO Secretariat, conducted by Rosine Plank-Brumback. Interview is split between two dates, March 4 and March 6, 2008. The interview conducted on March 6, 2008 starts on page 69.

Why Ratify? Lessons From Treaty Ratification Campaigns, Uta Oberdorster

Vanderbilt Law Review

n December 18, 1990, the United Nations ("UN") General Assembly approved the Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families ("Migrant Convention"). Several years later, international non-governmental organizations ("NGOs") initiated a global campaign to encourage states to ratify the Migrant Convention. Thirteen member organizations continue this campaign today, including Human Rights Watch, International Labour Office, and Amnesty International. The Mexican government and the UN generously funded the campaign for many years, and campaign members worked hard to produce campaign materials, organize awareness raising events, and release press statements. Despite these efforts, the …

The Dominican Republic And The Un Human Rights Treaty System, Luis Pomares

Journal of Race, Gender, and Ethnicity

No abstract provided.

Making Good On The Promise Of International Law: The Convention On The Rights Of Persons With Disabilities And Inclusive Education In China And India, Vanessa Torres Hernandez

Washington International Law Journal

The Convention on the Rights of Persons with Disabilities conceptualizes disability as a human rights issue and requires state parties to provide an inclusive education to all children with disabilities. However, China and India, the two most populous signatory countries, do not currently provide inclusive education—described by the Convention as nondiscriminatory access to general education, reasonable accommodation of disability, and individualized supports designed to fulfill the potential of individual children with disabilities. Though both India and China have laws that encourage the education of children with disabilities, neither country’s laws mandate inclusive education and neither country currently provides universal education …

Rights And Obligations Of Americans In Mexico Under Immigration Law And Other Areas Of Mexican Law, Jorge A. Vargas

University of Richmond Law Review

No abstract provided.

Close To Crucial: The H-2b Visa Program Must Evolve, But Must Endure, Lindsay M. Pickral

University of Richmond Law Review

No abstract provided.

Baghdad, Tokyo, Kabul….Constitution Making In Occupied States, Zachary Elkins, Tom Ginsburg, James Melton

William & Mary Law Review

No abstract provided.

What's In A Name? Reflections On Timing, Naming, And Constitution-Making, Vicki C. Jackson

William & Mary Law Review

No abstract provided.

Conciliatory Institutions And Constitutional Processes In Post-Conflict States, Donald L. Horowitz

William & Mary Law Review

No abstract provided.

Invoking The Rule Of Law In Post-Conflict Rebuilding: A Critical Examination, Balakrishnan Rajagopal

William & Mary Law Review

No abstract provided.

Increasing The Effectiveness Of The Security Council's Chapter Vii Authority In The Current Situations Before The International Criminal Court, Elizabeth C. Minogue

Vanderbilt Law Review

In 2003, the world was shocked and horrified to hear of the widespread killing, torture, forced displacement, and other atrocities visited upon the people of Darfur in the Sudan by the Sudanese Armed Forces ("SAF") and Arab Janjaweed militias. The SAF and Janjaweed allegedly were fighting organized rebel groups, but instead of targeting the rebels, they attacked civilian towns and villages based on the rationale that the civilians supported rebel forces. The United States defined the killings as genocide and pushed the United Nations to develop a court to try and punish those who committed these terrible crimes. However, instead …

Don't Cross The Streams: Past And Present Overstatement Of Customary International Law In Connection With Conventional Fair And Equitable Treatment Obligations, Theodore Kill

Michigan Law Review

The obligation to provide fair and equitable treatment to foreign investors and investments has existed as a concept of international economic law at least since the 1919 Covenant of the League of Nations. The fair and equitable treatment provision is a key protection contained in the vast majority of modern bilateral investment treaties. Tribunals adjudicating alleged breaches of these fair and equitable treatment provisions have not arrived at a uniform interpretation of the term. As a threshold issue, however each tribunal must address the question of whether a state's obligations under a given treaty's fair and equitable treatment provision will …

March Roundtable: Introduction

Human Rights & Human Welfare

An annotation of:

“Waving Goodbye to Hegemony” by Parag Khanna. New York Times Magazine. January 27, 2008.

The "White But Not Quite Man's Burden": Disrupting The Apogee Of Imperial Hegemony?, Anna M. Agathangelou

Human Rights & Human Welfare

The victory of late capitalism and its supreme reign through intensified war have been triumphantly trumpeted in popular media, especially since 1989 after the fall of the former Soviet Union. These aspects do indeed need to be understood and explained and Khanna attempts, in the tradition of realism/pragmatism, to do so.

Waving Hello To Democratic Renewal, Christine Bell

Human Rights & Human Welfare

Khanna’s argument is simple. American hegemony and the unipolar world have collapsed—without America noticing. The new world is tri-polar. America must compete with Europe’s soft power influence, and China’s economic power influence. The new global game for the “second world” (Turkey, South America, the former USSR “Stans”) is to play all three superpowers against each other, while pretending to be the friends of all.

Goodbye To Hegemony-Hello To Thinking Globally, Alison Brysk

Human Rights & Human Welfare

While I was pleased to see a knowledgeable commentator offer the promise of a fresh approach to the decline of American empire, alas Parag Khanna’s provocative essay does not escape the delusions of your father’s realpolitique. What purports to be a broad-minded analysis of the quest for “global equilibrium” under changing conditions, ends up being a playbook for the scramble for global goodies—with a disturbing dash of Huntingtonian Yellow Peril China-bashing. The real lessons here are deeper: the danger of asking the wrong question, and the need to bring global knowledge into a global framework to understand 21 st-century …

Goodbye Hegemony, Hello.?, Eric A. Heinze

Human Rights & Human Welfare

Parag Khanna’s analysis of American hegemonic decline paints a bleak picture for the future of America’s role in the emerging global order. He is correct to emphasize how the misguided policies of the Bush administration have done untold damage to America’s credibility, prestige, and overall influence in international affairs. It is thus difficult to find fault with such a sobering analysis of the immense challenges that lie ahead for the next U.S. president in the realm of foreign affairs.

Expanding Participation In Constitution Making: Challenges And Opportunities, Angela M. Banks

William & Mary Law Review

No abstract provided.

Quintessential Elements Of Meaningful Constitutions In Post-Conflict States, William W. Van Alstyne

William & Mary Law Review

No abstract provided.

Zappers: Tax Fraud, Technology And Terrorist Funding, Richard Thompson Ainsworth

Faculty Scholarship

"Zappers," or automated sales suppression devices, have brought unheard of efficiencies and economies of scale to a very simple tax fraud - skimming cash sales at point of sale (POS) terminals (electronic cash registers). Until recently the largest tax fraud case in Connecticut, also the "largest computer driven tax-evasion case in the nation," was a zapper case. Stew Leonard's Dairy in Norwalk Connecticut skimmed $17 million in receipts and hid the cash in St. Martin (a Caribbean island). Talal Chahine and his wife, Elfat El Aouar, owners of the La Shish restaurant chain in Detroit Michigan have the dubious honor …

The Duty Of States To Assist Other States In Need: Ethics, Human Rights, And International Law, Lawrence O. Gostin, Robert Archer

O'Neill Institute Papers

This article deals with a foreign policy question of extraordinary importance: What responsibilities do States have to provide economic and technical assistance to other states that have high levels of need affecting the health and life of their citizens? The question is important for a variety of reasons. There exist massive inequalities in health globally, with the result that poorer countries shoulder a disproportionate burden of disease and premature death. While poor countries have by far the greatest ongoing health needs, they also have the least capacity to meet those needs. In addition to the pervasive and debilitating effects of …

Kosovo: The Day After, Timothy William Waters

Articles by Maurer Faculty

No abstract provided.

The International Review | 2008 Spring, Michael Rhee

The International Review Newsletter

The Foreign Intelligence Surveillance Act: Hindering the “War on Terror”?

Regulating sovereign wealth funds

Amending birthright citizenship: A better way to control illegal immigration?

Punishing human rights violations: First corporate jury verdict under the Alien Tort Claims Act

The United States in Iraq: A Five-Year Review of Unresolved Legal Issues (special section)

Unwarranted surveillance in America? The National Security Agency surveillance program

Targeted killings in the war on terror: Legitimate or illegal?

On the road to a new climate agreement?

The European Union: Adopting a failed constitution as a treaty

Jury duty back in Japan

Showdown on harsh CIA interrogation …