International Law Commons^™

Targeted Killing In U.S. Counterterrorism Strategy And Law, Kenneth Anderson

Working Papers

Targeted killing, particularly through the use of missiles fired from Predator drone aircraft, has become an important, and internationally controversial, part of the US war against al Qaeda in Pakistan and other places. The Obama administration, both during the campaign and in its first months in office, has publicly embraced the strategy as a form of counterterrorism. This paper argues, however, that unless the Obama administration takes careful and assertive legal steps to protect it, targeted killing using remote platforms such as drone aircraft will take on greater strategic salience precisely as the Obama administration allows the legal space for …

From Dependence To Global Integration For Development: A Case Study Of Vietnam—From 1975 To Present, Phong Thanh Dang

Electronic Theses and Dissertations

This study examines the process of Vietnam's global integration for development in order to conclude that Vietnam has been able to achieve economic development and human development by joining regional and global institutions and working closely with multilateral international development agencies.

With proper literature reviews of economic theories and empirical studies, this study determines that Vietnam was able to graduate from dependence on the former Soviet Union and achieved economic development and human development.

This study determines that Vietnam has become one of the best-performing developing economies in the world. The Vietnamese people's standard of living has improved significantly. The …

Fighting For Human Rights: The Application Of Human Rights Treaties To United States' Military Operations, Patrick Walsh

Penn State International Law Review (1982 - 2011)

No abstract provided.

Volume 28 - Number 1: Table Of Contents

Penn State International Law Review (1982 - 2011)

No abstract provided.

Diagnosing And Analyzing Flawed Investigations: Abu Ghraib As A Case Study, Keith Rohman

Penn State International Law Review (1982 - 2011)

No abstract provided.

Does Donating Sperm Give The Right To Withdraw Consent? The Implications Of In Vitro Fertilization In The United Kingdom And Canada, Porsha L. Cills

Penn State International Law Review (1982 - 2011)

No abstract provided.

Rhetoric Without Results: United Nations Security Council Resolutions Concerning Rape During Armed Conflict, Rachel Schreck

Penn State International Law Review (1982 - 2011)

No abstract provided.

Restrictive Trade Measures Based On Extraterritorial Human Rights Violations: An Analysis Under Allocation Of Regulatory Jurisdiction And Transaction Costs, Gustavo Ferreira Ribeiro

Maurer Theses and Dissertations

Are states entitled to take unilateral or collective trade measures in cases of extraterritorial human rights violations? Are states obligated to do so? The debate is often blurred by a multitude of legal, political, economic, and moral arguments that have, so far, produced many misunderstandings. On one hand, the human rights community alleges that the superiority of human rights resolves any conflict. On the other hand, the trade community fears the intrusion of human rights language and power within the trade regime, including multilateral regimes like the World Trade Organization.

While exploring the above issue, this dissertation unfolds in three …

Does The World Need Knights Errant To Combat Enemies Of All Mankind? Universal Jurisdiction, Connecting Links, And Civil Liability, Zachary Mills

Washington and Lee Law Review

No abstract provided.

A Question Of Sovereignty, Development, And Natural Resources: A New Standard For Binding Third Party Nonsignatory Governments To Arbitration, Jacob Stoehr

Washington and Lee Law Review

No abstract provided.

Development And Outcomes Of Investment Treaty Arbitration, Susan Franck

Scholarly Articles in Law Reviews & Journals

The legitimacy of investment treaty arbitration is a matter of heated debate. Asserting that arbitration is unfairly tilted toward the developed world, some countries have withdrawn from World Bank dispute resolution bodies or are taking steps to eliminate arbitration. In order to assess whether investment arbitration is the equivalent of tossing a two-headed coin to resolve investment disputes, this article explores the role of development status in arbitration outcome. It first presents descriptive, quantitative research about the developmental background of the presiding arbitrators who exert particular control over the arbitration process. The article then assesses how (1) the development status …

The Myth Of The Neutral State And The Individualization Of Religion: The Relationship Between State And Religion In The Face Of Fundamentalism, Karl-Heinz Ladeur

Cardozo Law Review

No abstract provided.

Religious Symbols In The Public Space: In Search Of A European Answer, Isabelle Rorive

Cardozo Law Review

No abstract provided.

Why The French Laïcité Is Liberal, Patrick Weil

Cardozo Law Review

No abstract provided.

The European Convention On Human Rights And Church-State Relations: Pluralism Vs. Pluralism, Françoise Tulkens

Cardozo Law Review

No abstract provided.

Massachusetts Zappers - Collecting The Sales Tax That Has Already Been Paid, Richard Thompson Ainsworth

Faculty Scholarship

No other New England state is as vulnerable to Zappers as is the State of Massachusetts. Zappers and related software programming, Phantom-ware, facilitate an old tax fraud – skimming cash receipts. In this instance skimming is performed with modern electronic cash registers (ECRs).

Zappers are a global revenue problem, but to the best of this author’s knowledge they have not been uncovered in Massachusetts. A global perspective says: it is highly unlikely that Zappers are not in the Commonwealth – we just need to find them. In fact, using a Quebec template, tax losses from Zappers and related frauds in …

Israel's Transboundary Water Disputes, Philip A. Baumgarten

Elisabeth Haub School of Law Student Publications

As water is necessary to the function of life, it is imperative to understand the role of water in the politically turbulent Middle East. This paper will focus on Israel’s water disputes with her neighbors and how such disputes have either led to military confrontation, have been partially resolved, and otherwise continue to exist. As populations in the region are expected to increase, the need for water, already in short supply, will be magnified. Thus negotiations to settle water disputes and provide for equitable distribution of the water resources will become more contentious. This legal analysis of Israel’s water disputes …

The Effective Reach Of In Personam Reasoning In Private International Law, Tiong Min Yeo

2009 Yong Pung How Professorship of Law Lecture

Within the equitable jurisdiction, the phrase in personam has been used to describe the means of enforcement of the equitable decree, the justification for equitable jurisdiction generally, and the mechanism by which chancery rulings effectively override the common law. In the context of curial proceedings, the phrase is also used to describe the nature of jurisdiction assumed over a person, as well as the effect of a decree against a person, as opposed to a thing. In the discourse on rights, it is used to distinguish personal from property rights. In personam reasoning in the equitable sense has been used …

Case Posed: But Can The Prosecution Rest?, Charli Carpenter

Human Rights & Human Welfare

Julie Flint and Alex de Waal have published a damning article about the ICC prosecutor Luis Moreno Ocampo which reads, by extension, as a trouncing of the entire institution. I’m not in the loop with the court’s day-to-day politics well enough to offer an informed counter-argument, so instead, by way of playing devil’s advocate, let me agree for argument’s sake with a number of the authors’ claims, hyperbolic and partisan though they sound at places, and then (again for argument’s sake), push back on the assumptions the authors make about the implications of those claims.

Volume 27 - Number 3: Table Of Contents

Penn State International Law Review (1982 - 2011)

No abstract provided.

Current Approaches Towards Harmonization Of Consumer Private International Law In The Americas, Diego P. Fernandez Arroyo

Penn State International Law Review (1982 - 2011)

No abstract provided.

Secured Transactions In A Country Of Transition: The Hungarian Experience, Attila Harmathy

Penn State International Law Review (1982 - 2011)

No abstract provided.

The Emerging Legal Concept Of Investment, Mary E. Hiscock

Penn State International Law Review (1982 - 2011)

No abstract provided.

Factoring In Israel, Shalom Lerner

Penn State International Law Review (1982 - 2011)

No abstract provided.

Recent Developments In Japanese Consumer Law, Kunihiro Nakata

Penn State International Law Review (1982 - 2011)

No abstract provided.

Class Actions To Remedy Mass Consumer Wrongs: Repugnant Solution Or Controllable Genie? The Canadian Experience, Jacob Ziegel

Penn State International Law Review (1982 - 2011)

No abstract provided.

Priority Conflicts As A Barrier To Cooperation In Multinational Insolvencies, Jay Lawrence Westbrook

Penn State International Law Review (1982 - 2011)

No abstract provided.

Taking Judicial Notice Of The Genocide In Rwanda: The Right Choice, Rebecca Faulkner

Penn State International Law Review (1982 - 2011)

No abstract provided.

Personal Property Security Law Reform In Australia And New Zealand: The Impetus For Change, Anthony Duggan, Michael Gedye

Penn State International Law Review (1982 - 2011)

No abstract provided.

The Implementation Of The Eu Consumer Protection Directives In Turkey, Yesim M. Atamer, Hans W. Micklitz

Penn State International Law Review (1982 - 2011)

No abstract provided.