International Law Commons^™

The Global Financial Crisis Of 2008-2009 In Context—Reflections On International Legal And Institutional Failings, "Fixes," And Fundamentals, John W. Head

Global Business & Development Law Journal

No abstract provided.

Coal And Coalbed Methane Development In The Flathead—An International Water Dispute, Allan Ingelson, Lincoln Mitchell, Sean Assie

Global Business & Development Law Journal

No abstract provided.

Bridging Accountability Gaps—The Proliferation Of Private Military And Security Companies And Ensuring Accountability For Human Rights Violations, Amol Mehra

Global Business & Development Law Journal

No abstract provided.

Governing The Tributaries Of The Mekong—The Contribution Of International Law And Institutions To Enhancing Equitable Cooperation Over The Sesan, Alistair Rieu-Clarke, Geoffrey Gooch

Global Business & Development Law Journal

No abstract provided.

Beyond International Water Law: Successfully Negotiating Mutual Gains Agreements For International Watercourses, Alex Grzybowski, Stephen C. Mccaffrey, Richard K. Paisley

Global Business & Development Law Journal

No abstract provided.

The Perils Of Privatization: International Developments And Reform In Water Distribution, Adam D. Link

Global Business & Development Law Journal

No abstract provided.

The "Triumph" Of The Commons: An Analysis Of Enforcement Problems And Solutions In The Western Climate Initiative, Brooks V. Rice

Global Business & Development Law Journal

No abstract provided.

Global Issues In Commercial Law, Claude D. Rohwer, Kristen David Adams

McGeorge School of Law Teaching Materials

This book seeks to provide an international perspective and also sufficient domestic context to facilitate a comparative-law discussion. The book includes staples of international commercial law, such as the United Nations Convention on Contracts for the International Sale of Goods (CISG) and international insolvency, but also items of particular contemporary concern, including clawbacks, microfinance, and religious objections to the payment of interest in commercial contracts.

Some Lessons From The International Judicial Education Front, James E. Moliterno

McGeorge Law Review

No abstract provided.

Torture, American Style: A Recipe For Civil Tort Immunity, Matthew J. Jowanna

McGeorge Law Review

No abstract provided.

International Human Rights Law In Japan: The View At Thirty, Timothy Webster

Faculty Publications

Japanese courts have become increasingly open to the use of international human rights law in the past two decades. This paper examines several of the key decisions that reflect the judiciary's embrace of international law, particularly in the areas of criminal procedure and minority rights. I argue that the judiciary has eclipsed the other branches of government as the primary disseminator of human rights norms in Japan.

Hybrid Courts: Examining Hybridity Through A Post-Colonial Lens, Elizabeth M. Bruch

Law Faculty Publications

No abstract provided.

The Principled Case For Employing Private Military And Security Companies In Humanitarian Interventions And Peacekeeping, Deane-Peter Baker, James Pattison

Human Rights & Human Welfare

The possibility of using private military and security companies to bolster the capacity to undertake humanitarian intervention has been increasingly debated. The focus of such discussions has, however, largely been on practical issues and the contingent problems posed by private force. By contrast, this paper considers the principled case for privatising humanitarian intervention. It focuses on two central issues. First, is there a case for preferring these firms to other, state-based agents of humanitarian intervention? In particular, given a state’s duties to their own military personnel, should the use of private military and security contractors be preferred to regular soldiers …

Promoting Public Confidence In The Regulation Of Judicial Conduct: A Survey Of Recent Developments And Practice In Four Common Law Countries, Sarah M. R. Cravens

McGeorge Law Review

No abstract provided.

National Judge: Some Reflections On Diversity In International Courts And Tribunals, The, Leigh Swigart

McGeorge Law Review

No abstract provided.

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

Faculty Publications

In August 2009 the International Criminal Court (ICC) granted the interim release of the Congolese alleged warlord, Jean-Pierre Bemba, who has been accused of war crimes and crimes against humanity in the Central African Republic. This decision left Bemba poised to become the first ICC accused ever to enjoy pre-trial release. Of comparable significance, because the decision draws upon relevant jurisprudence from the International Criminal Tribunal for the former Yugoslavia (ICTY), it highlights the potentially powerful influence of ICTY precedent upon a growing field of international and internationalized criminal justice institutions. The new Bemba release decision is just one in …

It’S Not A Small World After All: Regulating Obesity Globally, Eloisa Rodriguez-Dod

Faculty Publications

The rate of obesity and overweight among the world population has increased dramatically over the past several years in both adults and children. Childhood obesity is a critical health care concern. There have been well-publicized efforts to regulate children‘s obesity both in the U.S. and abroad through such measures as mandated nutritional school lunch programs.

This article focuses, however, on a less examined area of regulation—the recent worldwide efforts to curb obesity among adults. The regulations discussed in this article include measures proposed or adopted by either administrative agencies or legislative bodies, whether on a local or national level. The …

Traditional Knowlege: Is Perpetual Protection A Good Idea?, J. Janewa Oseitutu

Faculty Publications

Most of the international dialogue about traditional knowledge has taken place within the context of an intellectual property framework with the World Intellectual Property Organization (WIPO) as the primary facilitator of the discussion. Following more than a decade of dialogue, the WIPO Intergovernmental Committee on Intellectual Property and Genetic Resources, Traditional Knowledge and Folklore (WIPO IGC) has been given until the Fall of 2011 to come up with something concrete. Due to the intersection between traditional knowledge and intellectual property, the resulting text is likely to be a significant development for international intellectual property law.

Developing countries have long advocated …

Lawfare: A Rhetorical Analysis, Tawia Baidoe Ansah

Faculty Publications

This Article offers arhetoricalanalysis of the term "lawfare. " It examines the term within the context of its historical genesis, and reviews its evolving definition. Drawing upon insights from non-legal disciplines, the Article argues that rhetorically, "lawfare" indicates alternative and critical ways to think of law in relation to war.

International Decision, African Court On Human And Peoples’ Rights, Michelot Yogogombaye V. Republic Of Senegal, Charles Chernor Jalloh

Faculty Publications

State Parties have automatic access to the African Court on Human and Peoples’ Rights, based in Arusha, Tanzania. In stark contrast, individuals and NGOs (i.e. those most likely to bring cases alleging human rights violations), can only initiate proceedings if the respondent State has entered a special declaration accepting the Court’s competence to receive such cases. Predictably, in a continent rife with human rights violations, only a few African States have accepted the Court’s jurisdiction to hear such (individual or NGO) petitions since its formal creation in June 1998. After years without hearing any cases, the Court finally received a …

Perspectives On International Criminal Justice, M. Bassiouni

College of Law Faculty

No abstract provided.

The Torture Of Alleged Terrorists Necessary For Public Safety Or A Criminal Act?, Michaela Clark

Undergraduate Review

Torture is defined in a variety of ways by many different sources. According to the World Medical Association’s (WMA) Declaration of Tokyo, torture is defined as, “the deliberate, systematic, or wanton infliction of physical or mental suffering by one or more people acting alone or on the orders of any authority, to force another person to yield information, to make a confession, or for any other reason.” The Declaration of Tokyo was passed in 1975 and updated many times, most recently in 2006. This is a landmark document that has been used as a model for other medical statutes. The …

Contemporary And Historical Comparison Of American And Brazilian Legal Efforts To Corral Digital Music Piracy And P2p Software, Nolan Garrido

ILSA Journal of International & Comparative Law

Today, legal purchases of music from online retailers are skyrocketing. Digital music sales across the globe reached 2.9 billion dollars in 2007, up forty percent from the previous year.'

Prescription For Failure: Health & Intellectual Property In The Dominican Republic, Georgetown University Law Center, Human Rights Institute

HRI Papers & Reports

No abstract provided.

The International Criminal Court And The Closure Of The Time-Limited International And Hybrid Criminal Tribunals, Valerie Oosterveld

Law Publications

No abstract provided.

Transboundary River Governance In The Face Of Uncertainty: Resilience Theory And The Columbia River Treaty, Barbara Cosens

Articles

No abstract provided.

Moving Your Goods And Services Across The Canada - United States Border: Compliance, Efficiency, And Challenges, Silvana Alzetta-Reali, Cyyndee Todgham Cherniak, Susan Kohn Ross

Canada-United States Law Journal

No abstract provided.

Responsibility For Environmental Damage Under International Law: Can Mncs Bear The Burden? ... And How?, Miriam Mafessanti

Buffalo Environmental Law Journal

No abstract provided.

Constitutionalizing Communications: The German Constitutional Court's Jurisprudence Of Communications Freedom, Christopher Witteman

UC Law SF International Law Review

In the United States, the debate over communications issues as disparate as network neutrality and public broadcasting seems to be carried out in a constitutional vacuum. This is not surprising, as the First Amendment is framed as a negative - government shall make "no law" infringing the freedom of speech.

This paper explores the very different system that results from a constitution that is phrased in the affirmative, guaranteeing the freedom of the press and broadcasting. The German post-war constitution was built on the ashes of a fascist dictatorship that had misused mass communications; the new constitution was structured so …

Editor's Note, Blake M. Mensing, Addie Haughey

Sustainable Development Law & Policy

No abstract provided.