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International Law Commons™

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2009

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Articles 541 - 570 of 1024

Full-Text Articles in International Law

The Universal Declaration And South African Constitutional Law: A Response To Justice Arthur Chaskalson, Peter E. Quint Jan 2009

The Universal Declaration And South African Constitutional Law: A Response To Justice Arthur Chaskalson, Peter E. Quint

Maryland Journal of International Law

No abstract provided.


Who Is The "Human" In Human Rights? The Claims Of Culture And Religion, Peter G. Danchin Jan 2009

Who Is The "Human" In Human Rights? The Claims Of Culture And Religion, Peter G. Danchin

Maryland Journal of International Law

No abstract provided.


Why So Slow: A Comparative View Of Women's Political Leadership, Paula A. Monopoli Jan 2009

Why So Slow: A Comparative View Of Women's Political Leadership, Paula A. Monopoli

Maryland Journal of International Law

No abstract provided.


The Past And Future Of The Separation Of Human Rights Into Categories, Stephen P. Marks Jan 2009

The Past And Future Of The Separation Of Human Rights Into Categories, Stephen P. Marks

Maryland Journal of International Law

No abstract provided.


Transnational Dimensions Of Racial Identity: Reflecting On Race, The Global Economy, And The Human Rights Movement At 60, Hope Lewis Jan 2009

Transnational Dimensions Of Racial Identity: Reflecting On Race, The Global Economy, And The Human Rights Movement At 60, Hope Lewis

Maryland Journal of International Law

No abstract provided.


Human Rights And The Global Economy: The Centrality Of Economic And Social Rights, Marley S. Weiss Jan 2009

Human Rights And The Global Economy: The Centrality Of Economic And Social Rights, Marley S. Weiss

Maryland Journal of International Law

No abstract provided.


International Human Rights And The International Law Project: The Revolving Door Of Academic Discourse And Practitioner Politics, Maxwell O. Chibundu Jan 2009

International Human Rights And The International Law Project: The Revolving Door Of Academic Discourse And Practitioner Politics, Maxwell O. Chibundu

Maryland Journal of International Law

No abstract provided.


Germs On A Plane: Legal Protections Afforded To International Air Travelers And Governments In The Event Of A Suspected Or Actual Contagious Passenger And Proposals To Strengthen Them, Alexandra R. Harrington Jan 2009

Germs On A Plane: Legal Protections Afforded To International Air Travelers And Governments In The Event Of A Suspected Or Actual Contagious Passenger And Proposals To Strengthen Them, Alexandra R. Harrington

Journal of Law and Health

This article calls for the creation of an international public health do-not-fly list akin to those used by Interpol and the United States government as a stop-gap measure to ensure that passengers who have been diagnosed with infectious diseases or have been exposed to infectious diseases are unable to travel until it is established that it is medically safe for them to do so. This article has also called for amendments to the IHR and the Vienna Conventions to clarify the rights and obligations of travelers and states in the event of a suspected or established case of infectious disease …


Squatters, Pirates, And Entrepreneurs: Is Informality The Solution To The Urban Housing Crisis?, Carmen G. Gonzalez Jan 2009

Squatters, Pirates, And Entrepreneurs: Is Informality The Solution To The Urban Housing Crisis?, Carmen G. Gonzalez

University of Miami Inter-American Law Review

No abstract provided.


Urban Informality As A Commons Dilemma, Sheila R. Foster Jan 2009

Urban Informality As A Commons Dilemma, Sheila R. Foster

University of Miami Inter-American Law Review

No abstract provided.


Antagonizing Bogotá, Troy E. Elder Jan 2009

Antagonizing Bogotá, Troy E. Elder

University of Miami Inter-American Law Review

No abstract provided.


The Key To Dreams: The Law And The Other City, Andrée Viana Garcés, Juan Felipe Pinilla Pineda Jan 2009

The Key To Dreams: The Law And The Other City, Andrée Viana Garcés, Juan Felipe Pinilla Pineda

University of Miami Inter-American Law Review

No abstract provided.


Evaluating Stabilization Clauses In Venezuela's Strategic Association Agreements For Heavy-Crude Extraction In The Orinoco Belt: The Return Of A Forgotten Contractual Risk Reduction Mechanism For The Petroleum Industry, Thomas J. Pate Jan 2009

Evaluating Stabilization Clauses In Venezuela's Strategic Association Agreements For Heavy-Crude Extraction In The Orinoco Belt: The Return Of A Forgotten Contractual Risk Reduction Mechanism For The Petroleum Industry, Thomas J. Pate

University of Miami Inter-American Law Review

No abstract provided.


A Tail Of Hope: Canada's North Atlantic Straddling And Highly Migratory Fish Stocks, And The Prince Of Darkness, George T. Williamson Jan 2009

A Tail Of Hope: Canada's North Atlantic Straddling And Highly Migratory Fish Stocks, And The Prince Of Darkness, George T. Williamson

University of Miami Inter-American Law Review

No abstract provided.


Promises Of Accession: Reassessing The Trade Relationship Between Turkey And The European Union, Fernanda Nicola Jan 2009

Promises Of Accession: Reassessing The Trade Relationship Between Turkey And The European Union, Fernanda Nicola

American University International Law Review

No abstract provided.


Notice Otherwise Given: Will In Absentia Trials At The Special Tribunal For Lebanon Violate Human Rights?, Chris Jenks Jan 2009

Notice Otherwise Given: Will In Absentia Trials At The Special Tribunal For Lebanon Violate Human Rights?, Chris Jenks

Fordham International Law Journal

This Article examines whether the Special Tribunal for Lebanon's ("STL's") in absentia trial provisions violate human right norms and, if so, whether the right to tribunal-appointed counsel or to retrial remedies any such violation. Part I explains the operation of the STL, with particular attention drawn to the funding difficulties the tribunal faces, and details the STL's in absentia trial provisions and subsequent right to counsel and retrial. Part II compares the in absentia trial provisions of the STL to those of other tribunals to demonstrate that the STL's in absentia trial provisions represent a radical departure from prior law. …


Striking Nafta Gold: Glamis Advances Investor-State Arbitration , Jordan C. Kahn Jan 2009

Striking Nafta Gold: Glamis Advances Investor-State Arbitration , Jordan C. Kahn

Fordham International Law Journal

On June 9, 2009, a controversial and longstanding North American Free Trade Agreement ("NAFTA") arbitration was resolved in favor of the United States. Overviews of the dispute and NAFTA investor-state arbitrations are set forth in Parts I and II, respectively. Part III explains that the process employed was commendably transparent, especially in accommodating tribal interests, and should serve as a model for future proceedings. The award positively advances two international legal protections: regulatory takings and "fair and equitable treatment." Although the takings analysis described in Part IV confirms that NAFTA claimants have procedural advantages over domestic litigants, its pro-government framework …


On Options Of Citizens And Moral Choices Of States: Gays And European Federalism, Dimitry Kochenov Jan 2009

On Options Of Citizens And Moral Choices Of States: Gays And European Federalism, Dimitry Kochenov

Fordham International Law Journal

Focusing on gay rights in the European Union, this Article addresses questions all dealing with the likely dynamics of gay-rights development in Europen in the near future. This is done by applying to the legal context of the European integration project of Kreimer's vision of federalism, Karst's analysis of the "freedom of intimate association," and Koppelman's representation of sexual-orientation discrimination as sex discrimination. The argument will proceed as follows: Part I gives a short outline of the importance of federalism for the preservation of liberty. Part II will build on Koppelman's analysis of the nature of sexual orientation discrimination as …


Fighting Piracy In Somalia (And Elsewhere): Why More Is Needed, Milena Sterio Jan 2009

Fighting Piracy In Somalia (And Elsewhere): Why More Is Needed, Milena Sterio

Fordham International Law Journal

This Article argues that pirates should be treated as terrorists and that piracy-fighting countries should rely on a variety of antiterrorist conventions to justify the capture and prosecution of pirates. To provide a comprehensive outlook on piracy, Part I of this Article describes the history of piracy and its reappearance in the modern world. Part II briefly describes the resurgence of modern-day piracy, first in Southeast Asia and then in Somalia. Part III provides the current international legal framework for battling piracy, by focusing first on the definition of piracy in international law, and then on the existing international legal …


Nuclear Weapons And The Rule Of Law, Sergio Duarte Jan 2009

Nuclear Weapons And The Rule Of Law, Sergio Duarte

Fordham International Law Journal

No abstract provided.


Japan's New Criminal Jury Trial System: In Need Of More Transparency, More Access, And More Time, Matthew J. Wilson Jan 2009

Japan's New Criminal Jury Trial System: In Need Of More Transparency, More Access, And More Time, Matthew J. Wilson

Fordham International Law Journal

The lay judge system has considerable potential both in concept and form. To realize its full potential, the system needs to overcome various structural impediments and cultural challenges. This Article further contributes to the emerging discussion by detailing three related areas that merit attention and reform if the system is going to realize its full potential. Namely, the lay judge system would benefit from 1) increased transparency by eliminating punitive measures against citizen judges desiring to freely speak about the trial proceedings or deliberation process oncle the trial is complete; 2) impoved access to the interrogation of detained suspects and …


Tilting The Balance Between Capital And Labor? The Effects Of Regulatory Arbitrage In European Corporate Law On Employees, Martin Gelter Jan 2009

Tilting The Balance Between Capital And Labor? The Effects Of Regulatory Arbitrage In European Corporate Law On Employees, Martin Gelter

Fordham International Law Journal

This Article examines an issue of regulatory competition that seems to be of greater interest for the corporate governance of large, publicly traded firms: the position of the employees. The Article proceeds in three parts. Part I sets out the basic premise of the analysis by describing why employees may be relevant to the corporate governance structure. This Part will briefly draw on economic theory to explain why, at least under certain circumstances, it can be beneficial to create an institutional structure that facilitates long-term commitment between firms and their employees. Part II identifies aspects of European corporate law that …


Resale Price Maintenance: Explaining The Controversy, And Small Steps Towards A More Nuanced Policy, Matthew Bennett, Amelia Fletcher, Emanuele Giovannetti, David Stallibrass Jan 2009

Resale Price Maintenance: Explaining The Controversy, And Small Steps Towards A More Nuanced Policy, Matthew Bennett, Amelia Fletcher, Emanuele Giovannetti, David Stallibrass

Fordham International Law Journal

Part I of this Essay sets out why the legal framework in the EU amplifies what are, in reality, relatively small differences in thinking about resale price maintenance ("RPM"). This amplification is primarily due to the fact that the legal system asks economists, in the name of legal certainty, to draw a false dichotomy between those agreement and practices that are harmful and those that are beneficial. For practices like naked price-fixing, it is relatively easy for economists to agree on an answer. It is harder, however, for practices like RPM, which can give rise to serious anticompetitive harm, but …


Introduction: In Honor Of Gordon Slynn, U.K. Law Lord And Judge Of The Ec Court Of Justice, Roger J. Goebel Jan 2009

Introduction: In Honor Of Gordon Slynn, U.K. Law Lord And Judge Of The Ec Court Of Justice, Roger J. Goebel

Fordham International Law Journal

This symposium issue and the next issue of the Fordham International Law Journal are dedicated to the memory of Gordon Slynn, 1930–2009, a distinguished jurist, accomplished barrister, and a renowned expert in European Union and international law.


Federalism And The Rule Of Law: Perspectives From The European Court Of Justice, Koen Lenaerts Jan 2009

Federalism And The Rule Of Law: Perspectives From The European Court Of Justice, Koen Lenaerts

Fordham International Law Journal

This Article unfolds as follows: Section I looks at the "pervasive effect" of European Union ("EU") law upon the substantive law of the Member States. Instead of attempting to cover all cases where this effect has arisen, a selective but in-depth approach is preferred. In this regard, four areas falling within the competences of the Member States will be discussed, namely education, family law, direct taxation, and health care. Section II is devoted to the pervasive effects of EU law upon national rules of procedure. Taking four cases as examples, this Section sets out to demonstrate that the European Court …


If At First You Don't Succeed: Vote, Vote Again: Analyzing The Second Referendum Phenomenon In Eu Treaty Change, Gráinne De Búrca Jan 2009

If At First You Don't Succeed: Vote, Vote Again: Analyzing The Second Referendum Phenomenon In Eu Treaty Change, Gráinne De Búrca

Fordham International Law Journal

The aim of this Essay is to probe the causes of the European Union's ("EU") second-referendum practice with a view to better understand what strikes many observers as a procedurally bizarre and democratically dubious exercise. It is not the intention of this Essay to offer any justification for the practice, but rather to explain the factors specific to the EU which have contributed to its recurrence.


Revisiting Free Movement Of Workers, Robin C. A. White Jan 2009

Revisiting Free Movement Of Workers, Robin C. A. White

Fordham International Law Journal

This Essay examines aspects of the free movement of workers and the issues concerning the content and impact of the introduction of citizenship of the European Union ("EU" or "Union"). This Essay draws from seven years of opinions from Advocate General Slynn, which were written during a highly formative period in the development of Community law. Defining who is a worker and examining the benefits of having and retaining this worker status remain as important today as they were in the late 1980s, when relevant seminal case law of the Court of Justice was established. In many of those cases, …


Eu Competition Policy In The Financial Crisis: Extraordinary Measures, Michael Reynolds, Sarah Macrory, Michelle Chowdhury Jan 2009

Eu Competition Policy In The Financial Crisis: Extraordinary Measures, Michael Reynolds, Sarah Macrory, Michelle Chowdhury

Fordham International Law Journal

This Article reviews the framework of competition law in the European Union ("UN"), specifically in relation to state aid, mergers, and cartel enforcement. In each case it considers how the European Commission's ("Commission") response can and has adapted existing procedures to pressing circumstances while maintaining rigidity in the application of legal principles.


Challenges For The Protection Of Fundamental Rights In The Eu At The Time Of The Entry Into Force Of The Lisbon Treaty, Jacqueline Dutheil De La Rochere Jan 2009

Challenges For The Protection Of Fundamental Rights In The Eu At The Time Of The Entry Into Force Of The Lisbon Treaty, Jacqueline Dutheil De La Rochere

Fordham International Law Journal

Concomitant with the entry into force of the Lisbon Treaty on December 1, 2009, many of the alleged weaknesses of the mechanisms of protection of fundamental rights are in the process of being addressed: the Charter of the Fundamental Rights of the European Union ("Charter") has acquired binding force, the European Union is due to accede to the European Convention of Human Rights, and the Fundamental Rights Agency ("Agency") has been established as a European Union ("EU") body in charge of monitoring the correct implementation of fundamental rights throughout the Union. This Essay will address three main questions. First, a …


Takeover Regulation In The United States And Europe: An Institutional Approach, William J. Magnuson Jan 2009

Takeover Regulation In The United States And Europe: An Institutional Approach, William J. Magnuson

Pace International Law Review

No abstract provided.