International Law Commons^™

Is Stem Cell Research A One-Way Ticket To The Island Of Dr. Moreau? Singapore And The United States' Differing Paths, Johanne Medina

Global Business & Development Law Journal

No abstract provided.

Icann Internet Governance: Is It Working?, Steve Delbianco, Braden Cox

Global Business & Development Law Journal

No abstract provided.

The Political Economy Of The Intellectual Property Regime- Building In China: Evidence From The Evolution Of The Chinese Patent Regime, Kong Qingjiang

Global Business & Development Law Journal

No abstract provided.

Icann Can: Contracts And Porn Sites - Choosing "To Play Internet Ball In American Cyberspace", Brent A. Little, Cheryl B. Preston

Global Business & Development Law Journal

No abstract provided.

Introduction, Stephen C. Mccaffrey

Global Business & Development Law Journal

No abstract provided.

The 1997 U.N. Watercourses Convention: Retrospect And Prospect, Stephen C. Mccaffrey

Global Business & Development Law Journal

No abstract provided.

Legal Outsourcing To India: The Demise Of New Lawyers And Junior Associates, Michael G. Owen

Global Business & Development Law Journal

No abstract provided.

Ecotourism In The Arctic Circle: Regional Regulation Is Necessary To Prevent Concerned Environmentalists From Further Contributing To Climate Change, Mary E. Edes

Global Business & Development Law Journal

No abstract provided.

The Promise Of The Brundtland Report: Honored Or Betrayed?, Alberto Szekely

Global Business & Development Law Journal

No abstract provided.

Strawberry Fields Forever? United Kingdom Copyright Duration For Sound Recordings, Daniel Houston Drummy

Global Business & Development Law Journal

No abstract provided.

Ecotourism: Calling A Truce Between Ski Resort Developers And Environmental Groups, Audrey Kelm

Global Business & Development Law Journal

No abstract provided.

Reform Of U.S. Chemicals Regulations May Not Be Out Of Reach, David Brownfield

Global Business & Development Law Journal

No abstract provided.

International Water Law And Sovereignty: A Discussion Of The Ilc Draft Articles On The Law Of Transboundary Aquifers, Margaret J. Vick

Global Business & Development Law Journal

No abstract provided.

All Hail The European Union: Implications Of Microsoft V. Commission On Global Antitrust Enforcement, Clayton Graham

Global Business & Development Law Journal

No abstract provided.

Institutional Alliances And Derivative Legitimacy, Claire R. Kelly

Michigan Journal of International Law

Part I of this Article describes global lawmaking and the legitimacy challenge. It provides a typology of IOs that develop norms. It explains that legitimacy is a subjective belief, but it provides objective paradigms for assessing legitimacy claims. It demonstrates how pursuing legitimacy according to one set of criteria can sacrifice legitimacy claims under another. It also examines the competition among IOs, the push for democratic norms, and the resulting need for stronger legitimacy claims. Part II explains linkage and accommodation and gives specific examples of where these phenomena work to garner more legitimacy for specific organizations and the soft …

Shared Dilemmas: Justice For Rape Victims Under International Law And Protection For Rape Victims Seeking Asylum, Lindsay Peterson

UC Law SF International Law Review

Rape is prohibited in every major domestic legal system and has long been a violation of customary international law, yet it is rarely prosecuted in either context. It was not until the 1990s, when women became actively involved in the international community through lobbying and occupying leadership positions, that the idea of rape as a crime against honor was reevaluated and modified to recognize rape as a violent crime. However, rape victims are still denied justice in many cases under international law and are denied protection from their attackers under U.S. domestic asylum law. This paper will examine the successes …

Center For Gender & Refugee Studies: The Implementation Of The One-Year Bar To Asylum, Karen Musalo, Marcelle Rice

UC Law SF International Law Review

Commonly referred to as the "one-year bar to asylum," section 208 (a)(2)(B) of the Immigration and Nationality, 8 U.S.C. § 1158(a)(2)(B) was enacted by Congress as part of the Illegal Immigrant Reform and Immigrant Responsibility Act passed in 1996. The law requires an asylum applicant to apply within one year of arrival in the United States, subject to certain exceptions. Congress' goal in enacting this law was to prevent fraud while ensuring that the United States remained a safe haven for refugees fleeing persecution in their home countries.

Twelve years after the enactment of the one-year bar, CGRS' survey of …

States, Markets, And Gatekeepers: Public-Private Regulatory Regimes In An Era Of Economic Globalization, Christopher M. Bruner

Michigan Journal of International Law

This Article illuminates the spectrum of international economic regimes through discussion of an under-theorized regulatory structure in which traditional distinctions between State and market, public and private power, hard and soft law, and international and domestic policy realms, essentially collapse-the "public-private gatekeeper."

Competition And Control In International Adjudication, Jacob Katz Cogan

Faculty Articles and Other Publications

States are increasingly delegating or transferring powers to international organizations, and international organizations are increasingly pushing the limits of the powers conferred upon them. This expansion of powers embraces all areas of international authority-particularly lawmaking and adjudication. Recognizing that international organizations have gained this greater role, scholars have begun to think more deeply about the legitimacy, accountability, and good governance of international organizations, and States (as well as non-State entities, such as the European Union and nongovernmental organizations), knowing what is at stake, have become more forthright in seeking a seat at the table.

Part I of this paper explains …

Cuban Claims: Embargoed Identities And The Cuban-American Oedipal Conflict (El Grito De La Yuma), Jose M. Gabilondo

Faculty Publications

No abstract provided.

Colombia's Incursion Into Ecuadorian Territory: Justified Hot Pursuit Or Pugnacious Error?, Luz E. Nagle

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Implied Powers Beyond Functional Integration? The Flexibility Clause In The Revised Eu Treaties, Carl Lebeck

Florida State University Journal of Transnational Law & Policy

No abstract provided.

The 1997 U.N. Watercourses Convention: Retrospect And Prospect, Stephen C. Mccaffrey

McGeorge School of Law Scholarly Articles

No abstract provided.

Prostituting Peace: The Impact Of Sending State's Legal Regimes On U.N. Peacekeeper Behavior And Suggestions To Protect The Populations Peacekeepers Guard, Alexandra R. Harrington

Florida State University Journal of Transnational Law & Policy

No abstract provided.

Bus Bombings And A Baby's Custody: Insidious Victories For Terrorism In The Context Of International Custody Disputes, Andrew Zashin

Faculty Publications

This article will address the problematic intersection of terrorism and child custody battles. The most immediate consequences of a terrorist attack are loved ones lost and buildings reduced to rubble. These losses are devastating, shocking and scary. But to end an analysis of terrorist victories with a body count is a fatal mistake. Americans fervently shout we cannot let "them" win, but how do we decide if they are winning? What do the terrorists want? It is not the goal of terrorists to simply kill Americans, causing death and destruction. That is merely a horrific means to their end. Terrorists …

Aid For Trade: A Roadmap For Success, Phoenix X.F. Cai

Sturm College of Law: Faculty Scholarship

Aid for trade has tremendous potential. It is an area that merits all the attention it has recently receiving from the leadership of the WTO. Opportunities abound in the shaping of aid for trade to benefit many constituencies, including the WTO, developing nations, donors, and the aid and trade legal communities. The international trading system has much to gain from the effective use of aid for trade as a tool for fulfilling the promise of the Doha Development Agenda, alleviating global poverty, and giving developing nations a well-deserved placed at the table in the global trade regime. However, each group …

Prosecuting Aggression, Noah Weisbord

Faculty Publications

The Assembly of States Parties to the International Criminal Court will soon have its first opportunity to revise the Rome Statute and activate the latent crime of aggression, which awaits a definition of its elements and conditions for the exercise of jurisdiction. The working group charged with drafting a provision is scheduled to complete its task by 2008 or 2009, one year before the International Criminal Court’s first review conference.

Beginning with a history of the crime meant to put the current negotiations in the context of past initiatives, this article sets out the status of the negotiations and begins …

Caribbean-China Relations: Foreign Policy And Small State Economic Adjustment, Dana Marie Morris

Electronic Theses and Dissertations

In recent years the relationship between Caribbean states and China has intensified. This dissertation argues that the Caribbean's increased engagement with China is an important component of their economic adjustment strategy that was necessitated after changes in the orientation of the international economic system that they must operate within, particularly in relation to the loss of trade preferences and the sharp decline in official development assistance.

Despite the seemingly homogenous nature of these Caribbean states there is in fact significant foreign policy variation seen vis-à-vis engagement with China. Some Caribbean states have consistently recognized China, while others have vacillated between …

No End In Sight: The Effect Of The Boumediene Decision On Detainees Held By The United States At Guantanamo Bay, Cuba, Connie Kaplan

ILSA Journal of International & Comparative Law

Imagine that you are looking for a better life. You immigrate to a new country and fourteen years later you become a citizen.

The Need For Judicial Activism Acceptance Speech, Dr. Tariq Hassan

ILSA Journal of International & Comparative Law

Honorable President, Dean of the Shepard Broad Law Center, members of the faculty, respected students, distinguished guests, ladies and gentlemen.