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International Law Commons™

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2009

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Institution
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Articles 481 - 510 of 1024

Full-Text Articles in International Law

Book Review, Kavita Kapur Jan 2009

Book Review, Kavita Kapur

Human Rights Brief

No abstract provided.


Counter-Insurgency, Human Rights, And The Law Of Armed Conflict, Federico Sperotto Jan 2009

Counter-Insurgency, Human Rights, And The Law Of Armed Conflict, Federico Sperotto

Human Rights Brief

No abstract provided.


Mining The Intersections: Advancing The Rights Of Women And Children With Disabilities Within An Interrelated Web Of Human Rights, Rangita De Silva De Alwis Jan 2009

Mining The Intersections: Advancing The Rights Of Women And Children With Disabilities Within An Interrelated Web Of Human Rights, Rangita De Silva De Alwis

Washington International Law Journal

This article argues that disability rights are a powerful lens through which to address the multiple forms of discrimination and subordination that women and children with disabilities face. A shift in the human rights paradigm that enables the different human rights treaties affecting women and children with disabilities to be implemented together, within an interlocking web of the human rights framework, will provide the necessary safeguards against multiple and cross cutting forms of discrimination against women and children with disabilities. At the same time, different social movements must come together at these points of intersection in order to create a …


Key Damage Compensation Issues In Oil And Gas International Arbitration Cases, Manuel A. Abdala Jan 2009

Key Damage Compensation Issues In Oil And Gas International Arbitration Cases, Manuel A. Abdala

American University International Law Review

No abstract provided.


Keynote Address: Expanding Human Rights To Persons With Disabilities: Laying The Groundwork For A Twenty-First Century Movement, Yanghee Lee Jan 2009

Keynote Address: Expanding Human Rights To Persons With Disabilities: Laying The Groundwork For A Twenty-First Century Movement, Yanghee Lee

Washington International Law Journal

Dr. Lee’s keynote speech provides a brief history of disability rights as provided for by international human rights treaties. The speech focuses in particular on the Convention on the Rights of the Child (“CRC”) and the recently enacted Convention on Rights of Persons with Disabilities (“CRPD”). The CRC was the first treaty to include a specific provision dealing with the rights of children with disabilities. In this speech, Dr. Lee takes the position that although the CRPD does not create new rights for persons with disabilities, it still represents an important step forward. Dr. Lee emphasizes that the CRPD establishes …


Follow The Yellow Brick Road: The Legislative Path To Finding A Heart For Securities Regulations, Jennifer Alewelt Jan 2009

Follow The Yellow Brick Road: The Legislative Path To Finding A Heart For Securities Regulations, Jennifer Alewelt

California Western International Law Journal

No abstract provided.


On Dignity And Whether The Universal Declaration Of Human Rights Remains A Place Of Refuge After 60 Years , Adrienne Anderson Jan 2009

On Dignity And Whether The Universal Declaration Of Human Rights Remains A Place Of Refuge After 60 Years , Adrienne Anderson

American University International Law Review

No abstract provided.


Constitutional Canaries And The Elusive Quest To Legitimize Security Detentions In Canada, Maureen T. Duffy, Rene Provosi Jan 2009

Constitutional Canaries And The Elusive Quest To Legitimize Security Detentions In Canada, Maureen T. Duffy, Rene Provosi

Case Western Reserve Journal of International Law

No abstract provided.


Experts Meeting On Security Detention Report, Tyler Davidson, Kathleen Gibson Jan 2009

Experts Meeting On Security Detention Report, Tyler Davidson, Kathleen Gibson

Case Western Reserve Journal of International Law

No abstract provided.


International Standards For Detaining Terrorism Suspects: Moving Beyond The Armed Conflict-Criminal Divide, Monica Hakimi Jan 2009

International Standards For Detaining Terrorism Suspects: Moving Beyond The Armed Conflict-Criminal Divide, Monica Hakimi

Case Western Reserve Journal of International Law

No abstract provided.


Nuremberg And Crimes Against Peace, Henry T. King Jr. Jan 2009

Nuremberg And Crimes Against Peace, Henry T. King Jr.

Case Western Reserve Journal of International Law

No abstract provided.


Foreword And Dedication, Michael P. Scharf, Philip S. Hadji Jan 2009

Foreword And Dedication, Michael P. Scharf, Philip S. Hadji

Case Western Reserve Journal of International Law

No abstract provided.


A Question Of Intent: The Crime Of Aggression And Unilateral Humanitarian Intervention, Elise Leclerc-Gagne, Michael Byers Jan 2009

A Question Of Intent: The Crime Of Aggression And Unilateral Humanitarian Intervention, Elise Leclerc-Gagne, Michael Byers

Case Western Reserve Journal of International Law

No abstract provided.


While It May Be True That The King Can Do No Wrong, What About His Offspring: The Labyrinthine Law Of Arm - Of - The - State Immunity Examined Through The Prism Of Port Authorities, Taylor Simpson-Wood Jan 2009

While It May Be True That The King Can Do No Wrong, What About His Offspring: The Labyrinthine Law Of Arm - Of - The - State Immunity Examined Through The Prism Of Port Authorities, Taylor Simpson-Wood

South Carolina Journal of International Law and Business

No abstract provided.


Table Of Contents, International Law Review Jan 2009

Table Of Contents, International Law Review

Loyola University Chicago International Law Review

No abstract provided.


Discounting China's Cdm Dams, John Copeland Nagle Jan 2009

Discounting China's Cdm Dams, John Copeland Nagle

Loyola University Chicago International Law Review

No abstract provided.


International Community Responds To Darfur: Icc Prosecution Renews Hope For International Justice, The, John E. Tanagho, John P. Hermina Jan 2009

International Community Responds To Darfur: Icc Prosecution Renews Hope For International Justice, The, John E. Tanagho, John P. Hermina

Loyola University Chicago International Law Review

No abstract provided.


Human Security And The Rights Of Refugees: Transcending Territorial And Disciplinary Borders, Alice Edwards Jan 2009

Human Security And The Rights Of Refugees: Transcending Territorial And Disciplinary Borders, Alice Edwards

Michigan Journal of International Law

This Essay examines the concept of human security through the lens of refugee protection. In particular, the author asks whether the concept of human security could add anything to the international protection regime for refugees and asylum seekers under international law. Before international lawyers can reject the notion of human security on the basis of its non-legal, and therefore nonbinding, character, it is necessary to examine the gaps in the existing legal framework, into which policy discourse, including security discourse, may step in as an important player.


Who Is Making International Tax Policy?: International Organizations As Power Players In A High Stakes World, Diane Ring Jan 2009

Who Is Making International Tax Policy?: International Organizations As Power Players In A High Stakes World, Diane Ring

Fordham International Law Journal

This Article begins the process of mapping the inquiry into the role of international organizations in tax policy. It identifies four basic questions that must be addressed and specifies the more sophisticated inquiries that must then be undertaken. This Article commences the empirical examination through two case studies: one regarding inclusion of a mandatory arbitration clause in the Organization for Economic Co-Operation and Development (“OECD”) Model Tax Convention on Income and Capital, and one regarding recent international efforts to curb “harmful” tax competition. Part I outlines the rising importance of international tax matters and the reasons that international organizations are …


The Precedent Of Pretrial Release At The Icty: A Road Better Left Less Traveled, Megan A. Fairlie Jan 2009

The Precedent Of Pretrial Release At The Icty: A Road Better Left Less Traveled, Megan A. Fairlie

Fordham International Law Journal

This Article facilitates just such an inquiry by tracking the progression of pretrial provisional release at the ICTY. This Article first considers pretrial release (or release pursuant to bail) in the abstract along with those rights that may theoretically be implicated by an act of pretrial detention. It then examines the relevant activity of the ICTY's predecessors, interim advancements in human rights law and the absence of a release-based statutory provision at the Yugoslav Tribunal. The applicable rule adopted by the ICTY is then assessed, along with subsequent amendments. At each stage, specific regard is given to the rights affected …


The Growing Influence Of European Union Law, Piet Eeckhout Jan 2009

The Growing Influence Of European Union Law, Piet Eeckhout

Fordham International Law Journal

This Essay discusses a number of themes which show the growing influence of European Union ("EU") law. Four themes were chosen to illustrate that influence. The themes are interconnected, and hopefully bringing them together allows the reader to get a sense of the unique experiment which this "new legal order" continues to conduct. Part I examines the EU's own "federal question:" what exactly is the scope of EU law, and how is it determined? How does the case law, in particular that of the EU's supreme court, the European Court of Justice ("ECJ"), determine the boundaries of the EU law …


Free Movement Of Goods And Their Use -- What Is The Use Of It?, Laurence W. Gormley Jan 2009

Free Movement Of Goods And Their Use -- What Is The Use Of It?, Laurence W. Gormley

Fordham International Law Journal

Shortly before the disappearance of the European Community, the European Court of Justice ("ECJ") handed down three judgments on the free movement of goods relating to the use to which goods are put. They are remarkable because they put an end to a serious controversy about the scope of what is now article 34 of the Treaty on the Functioning of the European Union ("TFEU") (article 28 of the Treaty Establishing the European Community ("EC Treaty")), which saw a considerable divergence in approach between the Advocates General concerned in these cases. The judgments also surely herald an end to attempts …


Stop The Integration Principle?, Prof. Dr. Jan H. Jans Jan 2009

Stop The Integration Principle?, Prof. Dr. Jan H. Jans

Fordham International Law Journal

Lord Slynn of Hadley is probably not primarily known as an environmental lawyer. His contributions to the development of European environmental law are, however, considerable. On May 24, 1988, Slynn delivered his famous opinion in the so-called "Danish Bottles" case. In that case, the European Court of Justice ("ECJ") held that a system requiring manufacturers and importers to market beer and soft drinks only in reusable containers (which had to be approved by a National Agency for the Protection of the Environment) was subject to what is now article 34 of the Treaty on the Functioning of the European Union …


A Legal Regime For The Mining Of Helium-3 On The Moon: U.S. Policy Options, Richard B. Bilder Jan 2009

A Legal Regime For The Mining Of Helium-3 On The Moon: U.S. Policy Options, Richard B. Bilder

Fordham International Law Journal

Absent an agreed international legal framework, attempts by the United States or any other nation or private entity to acquire and bring to Earth significant quantities of He-3 could give rise to controversy and conflict. Consequently, it seems timely to revisit the issue of the legal regime potentially applicable to exploiting He-3 and other lunar resources. Part I of this Article will briefly discuss the technical and economic prospects for the develop of He-3-based fusion energy. Part II lays out the present legal situation concerning the exploitation of lunar resources such as He-3. Part III analyzes whether it is prudent …


The Legal Obstacles To Foreign Direct Investment In Mexico's Oil Sector, Martin Miranda Jan 2009

The Legal Obstacles To Foreign Direct Investment In Mexico's Oil Sector, Martin Miranda

Fordham International Law Journal

This Note will present the arguments for and against foreign direct investment, but assess the Pemex reforms under the assumption that reform through privatization is necessary for survival. This Note will examine the likelihood of success for the recently proposed Pemex reforms, and what the Mexican government may expect with regards to Pemex's future. Part I provides an introduction to FDI and the legal and political framework that President Calderon must work in to accomplish Pemex reforms. Part II presents two financial models for energy reform that may serve as a blueprint for Pemex: 1) Mexico's electric power deregulatory scheme, …


Masthead, Volume 42 Issue 1 (2009) Jan 2009

Masthead, Volume 42 Issue 1 (2009)

Case Western Reserve Journal of International Law

No abstract provided.


Desarrollo Immobilliario En Cuba: Presente Y Futuro, Antonio R. Zamora Jan 2009

Desarrollo Immobilliario En Cuba: Presente Y Futuro, Antonio R. Zamora

ILSA Journal of International & Comparative Law

Durante los filtimos veinte afios el gobierno de Cuba se ha enfrentado con dos importantes retos que amenazaron seriamente su supervivencia.


Custom As A Source Of Law: Argentinean And Comparative Legal Systems, German Savastano Jan 2009

Custom As A Source Of Law: Argentinean And Comparative Legal Systems, German Savastano

ILSA Journal of International & Comparative Law

The purpose of this article is to reflect on custom as a source of law in the Argentinean and comparative legal systems.


Real Estate Development In Cuba: Present And Future, Antonio R. Zamora Jan 2009

Real Estate Development In Cuba: Present And Future, Antonio R. Zamora

ILSA Journal of International & Comparative Law

During the last twenty years, the Cuban government has faced two very significant challenges that have seriously threatened its survival.


Structural Human Rights Violations: The True Face Of Mexico’S War On Crime, Stephanie Erin Brewer Jan 2009

Structural Human Rights Violations: The True Face Of Mexico’S War On Crime, Stephanie Erin Brewer

Human Rights Brief

No abstract provided.