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Articles 721 - 750 of 1024
Full-Text Articles in International Law
Overcoming Institutional Barriers To Biomass Power In China And India, Craig A. Hart, M.L Rajora
Overcoming Institutional Barriers To Biomass Power In China And India, Craig A. Hart, M.L Rajora
Sustainable Development Law & Policy
No abstract provided.
The Montreal Protocol Must Act To Prevent Global Climate Change While Restoring The Ozone Layer, Mark W. Roberts
The Montreal Protocol Must Act To Prevent Global Climate Change While Restoring The Ozone Layer, Mark W. Roberts
Sustainable Development Law & Policy
No abstract provided.
Precautionary Principle In The International Tribunal For The Law Of The Sea, Yoona Cho
Precautionary Principle In The International Tribunal For The Law Of The Sea, Yoona Cho
Sustainable Development Law & Policy
No abstract provided.
World News, Nick Alarif, Kate Halloran
World News, Nick Alarif, Kate Halloran
Sustainable Development Law & Policy
No abstract provided.
Untangling The Right To Self-Representation In The International Criminal Tribunal For The Former Yugoslavia, Rachel K. Jones
Untangling The Right To Self-Representation In The International Criminal Tribunal For The Former Yugoslavia, Rachel K. Jones
Georgia Law Review
The Statutes of the International Criminal Tribunal for the Former Yugoslavia provide that a defendant has the right to defend himself in person. The bounds of this right, however, are nebulous. There have been few self- representation cases at the ICTY, but what has emerged in these cases is an ongoing conflict between the defendant's right to self-representation and the desire for a "fair and expeditious" trial. On one hand, the pro se right is extremely personal because the defendant is the only person who bears the consequences of losing at trial. On the other hand,high profile defendants are often …
Book Review, Kenneth S. Gallant, The Principle Of Legality In International And Comparative Criminal Law (2009), Mark A. Drumbl
Book Review, Kenneth S. Gallant, The Principle Of Legality In International And Comparative Criminal Law (2009), Mark A. Drumbl
Scholarly Articles
Not available.
National Security Courts: Star Chamber Or Specialized Justice?, Mark R. Shulman
National Security Courts: Star Chamber Or Specialized Justice?, Mark R. Shulman
Elisabeth Haub School of Law Faculty Publications
In October 2008, the author moderated a panel discussion addressing the utility of establishing a new national security court system for administering the detention and trial of terrorist suspects. The discussion featured comments by five lawyers with significant academic and practical experience in the field: Richard Zabel, a litigation partner at Akin Gump Strauss Hauer & Feld LLP, a former Assistant U.S. Attorney and co-author of In Pursuit of Justice: Prosecuting Terrorism Cases in the Federal Courts; Glenn L. Sulmasy, an Associate Professor of Law at the United States Coast Guard Academy and author of the forthcoming book, The National …
Research In International Commercial Arbitration: Special Skills, Special Sources, S. I. Strong
Research In International Commercial Arbitration: Special Skills, Special Sources, S. I. Strong
Faculty Publications
Experts agree that international commercial arbitration relies far more heavily on written advocacy than litigation does, yet very few practitioners and arbitrators have ever received any specialized training in how to research and present written arguments in this unique area of law. Newcomers to the field are particularly disadvantaged, since the legal authorities used in international commercial arbitration are unique and novices often do not know how to find certain materials, if they are even aware that these items exist. This article helps deepen the understanding of the practice of international commercial arbitration by describing how experienced international advocates and …
Participation And The Right To Health: Lessons From Indonesia, Sam F. Halabi
Participation And The Right To Health: Lessons From Indonesia, Sam F. Halabi
Faculty Publications
The right to participation is the “the right of rights” — the basic right of people to have a say in how decisions that affect their lives are made. All legally binding international human rights treaties explicitly recognize the essential role of participation in realizing fundamental human rights. While the substance of the human right to health has been extensively developed, the right to participation as one of its components has remained largely unexplored. Should rights-based health advocacy focus on participation because there is a relationship between an individual’s or a community’s active involvement in health care decision-making and the …
Failures To Punish: Command Responsibility In Domestic And International Law, Amy J. Sepinwall
Failures To Punish: Command Responsibility In Domestic And International Law, Amy J. Sepinwall
Michigan Journal of International Law
This Article embraces one of two contested understandings of what a failure to punish entails. On the first understanding, a military commander's failure to punish is construed solely as a dereliction of duty. Accordingly, his failure to punish constitutes a separate offense from the underlying atrocity that his troops have committed. The failure to punish is, then, a substantive offense in its own right. On a second understanding, for which I argue here, the failure to punish renders the commander criminally liable for the atrocity itself, even if he neither ordered nor even knew about the atrocity before its occurrence. …
The Role Of The Office Of The Administrative Law Judges Within The United States International Trade Commission, 8 J. Marshall Rev. Intell. Prop. L. 216 (2009), Carl C. Charneski
The Role Of The Office Of The Administrative Law Judges Within The United States International Trade Commission, 8 J. Marshall Rev. Intell. Prop. L. 216 (2009), Carl C. Charneski
UIC Review of Intellectual Property Law
Section 337 of the Tariff Act of 1930 makes unlawful, specifically, the importation of products that infringe intellectual property rights. The U.S. International Trade Commission (“ITC”) is the forum in which all section 337 proceedings are adjudicated and, within the ITC, the Office of Administrative Law Judges handles all these proceedings. Section 337 cases can be exceedingly complex and technical, and the Administrative Law Judges (“ALJ”) are the initial triers of fact, administrators, and decision makers in every case. Thus, the amount of work that the ALJs—along with their staff—must meet to see these cases to completion can be substantial. …
The Distinctive Characteristics Of Section 337, 8 J. Marshall Rev. Intell. Prop. L. 231 (2009), Jay H. Reiziss
The Distinctive Characteristics Of Section 337, 8 J. Marshall Rev. Intell. Prop. L. 231 (2009), Jay H. Reiziss
UIC Review of Intellectual Property Law
In an investigation by the International Trade Commission (“ITC” or “Commission”) under Section 337 of the Tariff Act of 1930 (“Section 337”) a complainant must satisfy two unique statutory criteria. First, a complainant must establish that the ITC has jurisdiction, usually by showing importation of an accused product. Second, a complainant must demonstrate that a domestic industry exists or is in the process of being established. A practitioner can be assured that the ITC’s jurisdiction is expansive and reaches foreign-based activities that affect U.S. commerce. Such actions can involve any unfair act and can be brought regardless of whether personal …
Post-Litigation Enforcement Of Remedial Orders Issued By The U.S. International Trade Commission In Section 337 Investigations, 8 J. Marshall Rev. Intell. Prop. L. 248 (2009), Merritt R. Blakeslee
Post-Litigation Enforcement Of Remedial Orders Issued By The U.S. International Trade Commission In Section 337 Investigations, 8 J. Marshall Rev. Intell. Prop. L. 248 (2009), Merritt R. Blakeslee
UIC Review of Intellectual Property Law
There is a common misperception that enforcement of International Trade Commission (“ITC”) remedial orders is automatic and self implementing. In reality, such remedial orders are not self-implementing, are less-than-perfect enforcement tools, and their effective enforcement carries with it a number of practical difficulties. This paper explores the realities of enforcing the ITC’s remedial orders – exclusion orders, consent orders, and cease-and-desist orders – with the goal of giving both complainants and respondents a heightened appreciation of the tactics and strategies that can be effectively deployed following the conclusion of a Section 337 investigation and the issuance of one or more …
The U.S. International Trade Commission's Growing Role In The Global Economy, 8 J. Marshall Rev. Intell. Prop. L. 290 (2009), Patricia Larios
The U.S. International Trade Commission's Growing Role In The Global Economy, 8 J. Marshall Rev. Intell. Prop. L. 290 (2009), Patricia Larios
UIC Review of Intellectual Property Law
The widespread offshoring of manufacturing operations has created dramatic efficiencies and meaningful cost savings for many U.S. businesses. But as an unintended consequence, the move to foreign manufacturing also has created challenges to the U.S. patent system and its ability to protect American businesses from infringing competition. U.S. District Courts are frequently an inadequate forum for litigating patent infringement suits involving an accused device manufactured abroad because of the difficulties associated with obtaining jurisdiction and proving infringement. Patent holders faced with such a situation, however, are not left without recourse. This article explores the different enforcement mechanisms available in the …
The Duty To Rescue Space Tourists And Return Private Spacecraft, Mark J. Sundahl
The Duty To Rescue Space Tourists And Return Private Spacecraft, Mark J. Sundahl
Law Faculty Articles and Essays
International space law has long imposed a duty to rescue astronauts and return errant spacecraft to the launching state. However, the existing space law treaties contain a number of gaps and interpretational problems that, among other things, call into question whether the duty to rescue and return applies to space tourists and spacecraft owned by private companies. These issues are of critical importance to the survival of the new space tourism industry, which is made up of a growing number of companies - such as Virgin Galactic, Rocketplane, and Blue Origin - that intend to launch their maiden flights in …
The Kosovar Declaration Of Independence: "Botching The Balkans" Or Respecting International Law?, Milena Sterio
The Kosovar Declaration Of Independence: "Botching The Balkans" Or Respecting International Law?, Milena Sterio
Law Faculty Articles and Essays
This Article will examine in Part II the historic and political relationship between Kosovo and Serbia. This Article will, in Part III, focus on the international legal issues at stake, including state secession, statehood, and state recognition. Part IV will then apply the theories of secession, statehood, and state recognition to the Kosovar situation. Part V will discuss, and debunk, the relevant legal theories purporting to justify the Kosovar independence. Part V will also discuss some important political and legal issues that plague Kosovo in its near future as a new state. Finally, Part VI will conclude that other solutions …
A Missed Opportunity: How Pakootas V. Teck Cominco Metals, Ltd. Could Have Clarified The Extraterritoriality Doctrine, Jennifer S. Addis
A Missed Opportunity: How Pakootas V. Teck Cominco Metals, Ltd. Could Have Clarified The Extraterritoriality Doctrine, Jennifer S. Addis
Seattle University Law Review
Part II of this Note relays the facts surrounding Pakootas v. Teck Cominco, Ltd.,gives a brief history of CERCLA and its liability requirements, and then summarizes the reasoning of both the district court and the Ninth Circuit. Part II also includes an overview of the presumption against extraterritoriality and the possible means of rebutting it. Part III addresses the question of whether the application of CERCLA in Pakootas was in fact extraterritorial and discusses some of the flaws in the Ninth Circuit's reasoning. After concluding that this was an extraterritorial application of CERCLA, this Part III then examines the …
Aliens In The Garden, Jared A. Goldstein
Aliens In The Garden, Jared A. Goldstein
University of Colorado Law Review
This Article examines environmental rhetoric and argues that a nationalist conception of nature has long distorted environmental policies. Environmental discourse frequently seeks to explain the natural world by reference to the world of nations, a phenomenon that can be characterizeda s the "nationalizationo f nature." A contemporary example of the nationalization of nature is the rhetoric of "Invasive species," which depicts harmful foreign plants and animals in ways that bear an uncanny resemblance to the demonization of foreigners by opponents of immigration. A typical newspaper article about invasive species, bearing the headline "Eeeeek! The eels are coming!," warned about an …
A Neglected Option: The Contributions Of State Responsibility For Genocide To Transitional Justice, Saira Mohamed
A Neglected Option: The Contributions Of State Responsibility For Genocide To Transitional Justice, Saira Mohamed
University of Colorado Law Review
Despite the pervasive involvement of government bureaucracies in perpetrating genocide and other atrocities, the international community's efforts to assist societies emerging from these horrors have relied primarily on establishing the guilt of individuals in criminal tribunals, rather than addressing the wrongs committed by governments through other means. The International Court of Justice diverged from this approach to transitional justice when it decided in 2007 that states themselves can be held civilly responsible for committing genocide. Characterizing the decision as reviving the concept of collective guilt in contravention of accepted principles of transitional justice, some warned that holding states responsible for …
Learning From Bogotá: An Introduction To The Study Space Articles, Colin Crawford
Learning From Bogotá: An Introduction To The Study Space Articles, Colin Crawford
University of Miami Inter-American Law Review
No abstract provided.
Public Spaces In Bogotá: An Introduction, Nancy Rhinehart
Public Spaces In Bogotá: An Introduction, Nancy Rhinehart
University of Miami Inter-American Law Review
No abstract provided.
Extralegal Property, Legal Monism, And Pluralism, Daniel Bonilla Maldonado
Extralegal Property, Legal Monism, And Pluralism, Daniel Bonilla Maldonado
University of Miami Inter-American Law Review
No abstract provided.
Law, Extralegality, And Space: Legal Pluralism Ad Landscape From Colombia To Puerto Rico, Érika Fontánez Torres
Law, Extralegality, And Space: Legal Pluralism Ad Landscape From Colombia To Puerto Rico, Érika Fontánez Torres
University of Miami Inter-American Law Review
No abstract provided.
Informal Land Subdivision And Real Estate Regularization: A Comparative Study Between Colombia And Brazil, Alexandre Dos Santos Cunha
Informal Land Subdivision And Real Estate Regularization: A Comparative Study Between Colombia And Brazil, Alexandre Dos Santos Cunha
University of Miami Inter-American Law Review
No abstract provided.
The Interpretation Of Multilingual Statutes By The European Court Of Justice, Lawrence Solan
The Interpretation Of Multilingual Statutes By The European Court Of Justice, Lawrence Solan
Faculty Scholarship
No abstract provided.
When Does Might Make Right? Using Force For Regime Change, John Linarelli
When Does Might Make Right? Using Force For Regime Change, John Linarelli
Scholarly Works
Should states use force to bring about regime change? International law recognizes no such grounds. This paper seeks to provide guidance from moral theory. The aim of this paper is to identify the moral grounds for the use of armed force by one state or a group of states, against another state, when the intention of the intervening states is to achieve a fundamental change in the character of the political and legal institutions of the other state. Lawyers tend to place the argument for regime change intervention within putative humanitarian intervention doctrines. The moral justification for humanitarian intervention is …
Correcting Injustice: Studying How The United Kingdom And The United States Review Claims Of Innocence, Lissa Griffin
Correcting Injustice: Studying How The United Kingdom And The United States Review Claims Of Innocence, Lissa Griffin
Elisabeth Haub School of Law Faculty Publications
This article examines the U.K. and U.S. systems to determine what lessons, if any, the United States can learn from the United Kingdom's experience. Part I provides a background of the CCRC and the U.K. Court of Appeal, and describes how these two entities work in tandem with broad powers to investigate and correct miscarriages of justice in the United Kingdom. Part II takes an in-depth look at the Court of Appeal's decisions of CCRC referred cases and identifies five categories into which these decisions fall-- categories that exemplify the institutional mechanisms that facilitate review of miscarriages of justice. These …
Review Of International Outsourcing Law And Practice, Lucie Olejnikova
Review Of International Outsourcing Law And Practice, Lucie Olejnikova
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Introductory Note To The International Criminal Court: Summary Of The Prosecutor's Application Under Article 58, Milena Sterio
Introductory Note To The International Criminal Court: Summary Of The Prosecutor's Application Under Article 58, Milena Sterio
Law Faculty Articles and Essays
Luis Moreno-Ocampo, Chief Prosecutor at the International Criminal Court (ICC), undertook a significant step in his office's investigation of the situation in Darfur, Sudan, on November 20, 2008, when he requested Pre-Trial Chamber I to issue an arrest warrant against three named individuals. These individuals, whose names have remained confidential, were commanders of rebel groups in Darfur that had carried out an attack on September 29, 2007 against African Union Mission in Sudan (AMIS) peacekeepers stationed at the Haskanita Military Group Site.
A Little Of This, A Little Of That: Potential Effects On Entrepreneurship Of The Mccain And Obama Tax Proposals, Anthony J. Luppino
A Little Of This, A Little Of That: Potential Effects On Entrepreneurship Of The Mccain And Obama Tax Proposals, Anthony J. Luppino
Faculty Works
No abstract provided.