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Articles 661 - 690 of 1024
Full-Text Articles in International Law
Why The Chinese Public Prefer Administrative Petitioning Over Litigation, Taisu Zhang
Why The Chinese Public Prefer Administrative Petitioning Over Litigation, Taisu Zhang
Faculty Scholarship
In recent years, the Chinese public, when facing disputes with government officials, have preferred a non-legal means of resolution, the Xinfang system, over litigation. Some scholars explain this by claiming that administrative litigation is less effective than Xinfang petitioning. Others argue that the Chinese have historically eschewed litigation and continue to do so habitually. This paper proposes a new explanation: Chinese have traditionally litigated administrative disputes, but only when legal procedure is not too adversarial and allows for the possibility of reconciliation through court-directed settlement. Since this possibility does not formally exist in modern Chinese administrative litigation, people tend to …
Islands Of Effective International Adjudication: Constructing An Intellectual Property Rule Of Law In The Andean Community, Laurence R. Helfer, Karen J. Alter, M. Florencia Guerzovich
Islands Of Effective International Adjudication: Constructing An Intellectual Property Rule Of Law In The Andean Community, Laurence R. Helfer, Karen J. Alter, M. Florencia Guerzovich
Faculty Scholarship
The Andean Community - a forty-year-old regional integration pact of small developing countries in South America - is widely viewed as a failure. In this Article, we show that the Andean Community has in fact achieved remarkable success within one part of its legal system. The Andean Tribunal of Justice (ATJ) is the world's third most active international court, with over 1400 rulings issued to date. Over 90% of those rulings concern intellectual property (IP). The ATJ has helped to establish IP as a rule of law island in the Andean Community where national judges, administrative officials, and private parties …
Recognition And Enforcement Of Foreign Judgments, Ralf Michaels
Recognition And Enforcement Of Foreign Judgments, Ralf Michaels
Faculty Scholarship
No abstract provided.
Selected Opinions Of Lord Slynn As Advocate General, Rosa Greaves
Selected Opinions Of Lord Slynn As Advocate General, Rosa Greaves
Fordham International Law Journal
During Lord Gordon Slynn's period in office as the Advocate General at the European Court of Justice ("ECJ" or "Court") in Luxembourg, Lord Slynn delivered opinions in many significant cases covering the whole range of European Communities ("EC") competences, from cases concerning common agricultural policy and civil services to those concerned with the development of the common market and the interpretation of the substantive law of the European Community. Comments on Lord Slynn's opinions in cases concerning the substantive law of the internal market and on state aid cases have been published in other works. In this short Essay, the …
Assessing The European Market For Legal Services: Developments In The Free Movement Of Lawyers In The European Union, Julian Lonbay
Assessing The European Market For Legal Services: Developments In The Free Movement Of Lawyers In The European Union, Julian Lonbay
Fordham International Law Journal
This Article focuses on recent developments in European multi-jurisdictional practice rights that have major implications for the control of entry to the legal professions and some of the related deontological rules that govern access to professional legal life across the European Union ("EU") and the European Economic Area ("EEA"). Additionally, it looks at their impact on rules regulating the competence of lawyers and admission to the legal professions, primarily in Europe, but with some reference to the position in the United States as well.
International Advocate For Peace Award Acceptance Speech, Amira Dotan
International Advocate For Peace Award Acceptance Speech, Amira Dotan
Cardozo Journal of Conflict Resolution
The Ninth International Peace Award Recipient
Corrupt Conditions Surrounding The Eccc And Their Effect On Judicial Decision-Making And The Appearance Of Fairness, Michael A. Kertesz
Corrupt Conditions Surrounding The Eccc And Their Effect On Judicial Decision-Making And The Appearance Of Fairness, Michael A. Kertesz
War Crimes Memoranda
No abstract provided.
Can The Systematic Elimination Of Buddhist Leadership Along With A Ban On That Religion And Destruction Of Pagodas Be Used To Charge Genocide Against Khmer Rouge Leaders?, Stephen Ellsesser
Can The Systematic Elimination Of Buddhist Leadership Along With A Ban On That Religion And Destruction Of Pagodas Be Used To Charge Genocide Against Khmer Rouge Leaders?, Stephen Ellsesser
War Crimes Memoranda
No abstract provided.
Can The Systematic Elimination Of Cambodian Citizens Identified As Vietnamese Sympathizers Be Grounds For Charging The Khmer Rouge With Genocide Of The Vietnamese National Group?, Adrienne Cavender
War Crimes Memoranda
No abstract provided.
Grounds For Challenging/Defending Tribunal’S Establishment And Jurisdiction What Are The Possible Legal Challenges Relating To The Establishment And Jurisdiction Of The Tribunal? How Can These Arguments Best Be Refuted?, Jacqueline C. Greene
War Crimes Memoranda
No abstract provided.
Under U.S. And Other Common Law Traditions, What Conditions Have To Be Met For That To Take Place? How Can Assets Be Released And Generally For What Purposes? How And To What Extent And Under What Conditions Can Assets Be Unfrozen?, Saini Sudnagunta
War Crimes Memoranda
No abstract provided.
What Are The Requirements For Appointment Of An Expert Under International Criminal Law And What Is The Law Regarding The Examination Of An In-House Expert?, Alex Buskirk
War Crimes Memoranda
No abstract provided.
What Are The Requirements Of Pleading Jce In An Indictment? What Are The Requirements Of Pleading Co-Perpetration In And Indictment Under The Icc Statute?, Gregory Scott Miao
What Are The Requirements Of Pleading Jce In An Indictment? What Are The Requirements Of Pleading Co-Perpetration In And Indictment Under The Icc Statute?, Gregory Scott Miao
War Crimes Memoranda
No abstract provided.
What Does International Human Rights/ International Criminal Tribunal Jurisprudence Say About Trials In Absentia?, Jason A. Greenglass
What Does International Human Rights/ International Criminal Tribunal Jurisprudence Say About Trials In Absentia?, Jason A. Greenglass
War Crimes Memoranda
No abstract provided.
Would An Accused Or A Witness Who Is A State Official Be Able To Claim Immunity From Before The Stl? If So, What Type Of Immunity And What Would The Consequences Of Such A Successful Claim Be?, Heather Ludwig
War Crimes Memoranda
No abstract provided.
The Issue As Presented To Me Is “Enforced Disappearance As A Crime Against Humanity (1975): Was Enforced Disappearance A Crime Against Humanity As Part Of Customary International Law In 1975?, Elisabeth Herron
War Crimes Memoranda
No abstract provided.
The Scope Of “Public Interest” As A Justification For Non-Disclosure Of Evidence By The Prosecution In International Tribunals And Domestic Courts, Geoff B. Mccarrell
The Scope Of “Public Interest” As A Justification For Non-Disclosure Of Evidence By The Prosecution In International Tribunals And Domestic Courts, Geoff B. Mccarrell
War Crimes Memoranda
No abstract provided.
The Limits Of International Humanitarian Law, Melissa Eli
The Limits Of International Humanitarian Law, Melissa Eli
Human Rights & Human Welfare
The goal of international humanitarian law is to humanize war in an effort to minimize human suffering and the long-term negative consequences of war. However, despite the adoption by most countries of the Geneva Conventions and other relevant agreements, crimes of war occur in every conflict around the world on a regular basis. Additionally, as the form of warfare changes, so does the implementation and consequences of various war crimes. Genocide, systematic rape, and the use of child soldiers are three of the most significant war crimes facing sub-Saharan Africa today. Each has consequences so severe that specific international laws …
The Sounds Of Silence: Are U.S. Arbitrators Creating Internationally Enforceable Awards When Ordering Class Arbitration In Cases Of Contractual Silence Or Ambiguity?, S. I. Strong
Michigan Journal of International Law
Before outlining the structure of this Article, it is useful to clarify two matters regarding definitions and scope. First, in the context of this Article, an "international class award" is an award resulting from an international class arbitration. There are three different types of international class arbitrations: (1) a class arbitration that includes at least one defendant from a country other than the seat of the arbitration, which means that enforcement of an award will have international implications; (2) a class arbitration that involves defendants that may be based in the arbitral forum but that also hold significant foreign assets …
Asat-Isfaction: Customary International Law And The Regulation Of Anti-Satellite Weapons, David A. Koplow
Asat-Isfaction: Customary International Law And The Regulation Of Anti-Satellite Weapons, David A. Koplow
Michigan Journal of International Law
The argument in this Article proceeds through several steps. As background, Part I outlines the current and projected future human uses of outer space, emphasizing the plethora of civilian and military applications that now rely on satellites. The United States, especially, but other countries, too, are coming to depend on multiple space assets for the performance of a wide array of vital functions; the investment is huge, diverse, and growing, despite the costs and natural perils of operating in the harsh exoatmospheric environment.
The Pace Of International Criminal Justice, Jean Galbraith
The Pace Of International Criminal Justice, Jean Galbraith
Michigan Journal of International Law
For all the discussion, the pace of international criminal justice has not received careful consideration. Instead, there is uncritical acceptance that international criminal tribunals move slowly, and debate only over whether this slowness is inevitable and whether the tribunals are nonetheless worthwhile. But given how central the pace of international criminal justice is to considerations of its effectiveness-and indeed its legitimacy-it is crucial to understand both what pace should be reasonably expected and what pace actually occurs. This Article undertakes this project.
Public International Law And Its Territorial Imperative, Dino Kritsiotis
Public International Law And Its Territorial Imperative, Dino Kritsiotis
Michigan Journal of International Law
Territory, or the concept of territory, thus asserts itself throughout the discipline of public international law, and its influences can be felt either through direct means or discrete.
Pulling The Trigger: Separation Violence As A Basis For Refugee Protection For Battered Women, Marisa Cianciarulo, Claudia David
Pulling The Trigger: Separation Violence As A Basis For Refugee Protection For Battered Women, Marisa Cianciarulo, Claudia David
American University Law Review
For over a decade, women seeking asylum from persecution inflicted by their abusive husbands and partners have found little protection in the United States. During that time, domestic violence-based asylum cases have languished in limbo, been denied, or occasionally been granted in unpublished opinions that have not provided a much-needed adjudicative standard. The main case setting forth the pre-Obama approach to domestic violence-based asylum is rife with misunderstanding of the nature of domestic violence and minimization of the role that society plays in the proliferation of domestic violence. Fortunately, however, a recent Obama-administration legal brief indicates that women fleeing countries …
Table Of Contents, International Law Review
Table Of Contents, International Law Review
Loyola University Chicago International Law Review
No abstract provided.
Lessons Learned From Ethiopia's Trademarking And Licensing Initiative: Is The European Union's Position On Geographical Indications Really Beneficial For Developing Nations?, Mary O'Kicki
Loyola University Chicago International Law Review
No abstract provided.
Health Care Refugees, Patricia C. Gunn
Health Care Refugees, Patricia C. Gunn
Loyola University Chicago International Law Review
No abstract provided.
Right To Work? A Comparative Look At China And Japan's Labor Rights For Disabled Persons, Cerise Fritsch
Right To Work? A Comparative Look At China And Japan's Labor Rights For Disabled Persons, Cerise Fritsch
Loyola University Chicago International Law Review
No abstract provided.
The Rape Epidemic In The Congo: Why Impunity In The Congo Can Be Solved By International Intervention, Jeanine Oury
The Rape Epidemic In The Congo: Why Impunity In The Congo Can Be Solved By International Intervention, Jeanine Oury
Loyola University Chicago International Law Review
No abstract provided.
2009 International Law Review Symposium Keynote Speech, Trip Van Noppen
2009 International Law Review Symposium Keynote Speech, Trip Van Noppen
Loyola University Chicago International Law Review
No abstract provided.
The Analysis Of The Anticipated Effects On The Environment: Comparing Opinions Concerning The Central Versus Local Government's Views On The Three Gorges Project In China As Well As U.S. Views On It From 1992-2006, Donald D. A. Schaefer
Loyola University Chicago International Law Review
No abstract provided.