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2009

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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 Jan 2009

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 Jan 2009

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 Jan 2009

Recognition And Enforcement Of Foreign Judgments, Ralf Michaels

Faculty Scholarship

No abstract provided.


Selected Opinions Of Lord Slynn As Advocate General, Rosa Greaves Jan 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

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 Jan 2009

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.