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2010

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Articles 841 - 870 of 946

Full-Text Articles in International Law

Criminal Defence And The International Legal Personality Of The Individual, Kenneth S. Gallant Jan 2010

Criminal Defence And The International Legal Personality Of The Individual, Kenneth S. Gallant

Law Faculty Scholarship

Since the beginning of the Nuremberg trial, the status of the individual in international law has changed. This change is intimately connected with the right of defense in criminal proceedings, especially international criminal proceedings. Today, as a matter of right, the individual may make certain claims in international law, and especially international criminal law and international human rights law related to criminal procedure and substantive criminal law, without relying on a state to make them on his or her behalf. This article explores this development of the international legal personality of individuals. It also considers some of the limits of …


Significance Of The Fujimori Trial, Juan E. Mendez Jan 2010

Significance Of The Fujimori Trial, Juan E. Mendez

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Inter-American System, Claudia Martin Jan 2010

Inter-American System, Claudia Martin

Scholarly Articles in Law Reviews & Journals

No abstract provided.


The Role Of A Law School Dean: Balancing A Variety Of Roles And Interests - The American University Washington College Of Law Experience, Claudio Grossman Jan 2010

The Role Of A Law School Dean: Balancing A Variety Of Roles And Interests - The American University Washington College Of Law Experience, Claudio Grossman

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Can We Shop Sustainably?, Stacy D. Vandeveer Jan 2010

Can We Shop Sustainably?, Stacy D. Vandeveer

The University Dialogue

No abstract provided.


Private Certification Versus Public Certification In The International Environmental Arena, Patricia A. Moye Jan 2010

Private Certification Versus Public Certification In The International Environmental Arena, Patricia A. Moye

Vanderbilt Journal of Transnational Law

In recent decades, the world's various fisheries have seen a number of problems, primarily depletion of fish stocks due to overfishing. While the UN has created some soft law, including sustainable fishing standards, to deal with the problem of fisheries depletion, no binding international laws currently exist. Several entities have decided to deal with the problem on their own, through eco-labeling programs. The Marine Stewardship Council, a private entity not directly affiliated with the government of any country, has created such a program. In addition, some governments have created similar programs, including Japan through its Marine Eco-Label Japan program. While …


Beyond International Water Law: Successfully Negotiating Mutual Gains Agreements For International Watercourses, Alex Grzybowski, Stephen C. Mccaffrey, Richard K. Paisley Jan 2010

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

McGeorge School of Law Scholarly Articles

No abstract provided.


Conference: She Can Do No Wrong: Recent Failures In America's Immigration Courts To Provide Women Asylum From Honor Crimes Abroad, Shira T. Shapiro Jan 2010

Conference: She Can Do No Wrong: Recent Failures In America's Immigration Courts To Provide Women Asylum From Honor Crimes Abroad, Shira T. Shapiro

American University Journal of Gender, Social Policy & the Law

No abstract provided.


The Third Time Is Not Always A Charm: The Troublesome Legacy Of A Dutch Art Dealer-The Limitation And Act Of State Defenses In Looted Art Cases, Bert Demarsin Jan 2010

The Third Time Is Not Always A Charm: The Troublesome Legacy Of A Dutch Art Dealer-The Limitation And Act Of State Defenses In Looted Art Cases, Bert Demarsin

Cardozo Arts & Entertainment Law Journal

No abstract provided.


Should Unicitral Prepare A Model Law On Secured Transactions, Neil B. Cohen Jan 2010

Should Unicitral Prepare A Model Law On Secured Transactions, Neil B. Cohen

Faculty Scholarship

No abstract provided.


The Responsibility For Post-Conflict Reforms, Dr. Eric D. Brabandere Jan 2010

The Responsibility For Post-Conflict Reforms, Dr. Eric D. Brabandere

Vanderbilt Journal of Transnational Law

The increasing involvement of international actors in various forms of international missions set up to supervise reconstruction or peace-building processes has raised many questions with respect to both the legal framework applicable to such activity and the authority to engage in such reforms. Recently, new normative propositions on the subject have been labelled jus post bellum. This Article challenges the usefulness and accuracy of jus post bellum as a legal concept. Such theories either amount to an explicit or implicit challenge of the crucial objectivity of the post-conflict phase by linking the rights and obligations of foreign actors to the …


The Responsibility To Protect And The Decline Of Sovereignty: Free Speech Protection Under International Law, William Magnuson Jan 2010

The Responsibility To Protect And The Decline Of Sovereignty: Free Speech Protection Under International Law, William Magnuson

Vanderbilt Journal of Transnational Law

State sovereignty has long held a revered post in international law, but it received a blow in the aftermath of World War II, when the world realized the full extent of atrocities perpetrated by the Nazis on their own citizens. In the postwar period, the idea that individuals possessed rights independent of their own states gained a foothold in world discussions, and a proliferation of human rights treaties guaranteeing fundamental rights followed. These rights were, for the most part, unenforceable, though, and in the 1990s, a number of humanitarian catastrophes (in Kosovo, Rwanda, and Somalia) galvanized the international community to …


Superior Responsibility Of Civilians For International Crimes Committed In Civilian Settings, Yael Ronen Jan 2010

Superior Responsibility Of Civilians For International Crimes Committed In Civilian Settings, Yael Ronen

Vanderbilt Journal of Transnational Law

This Article examines the notion of superior responsibility of civilians for international crimes committed in civilian settings. The doctrine of superior responsibility grew out of the military doctrine of command responsibility, and its evolution is informed by this origin. Jurisprudence and academic writers emphasize that the doctrine is applicable to civilian superiors of military or paramilitary organizations, but there has never been a detailed analysis of the doctrine's relevance and applicability in civilian settings. The Article argues that the claim that customary international law extends the doctrine of superior responsibility to civilians, let alone in civilian settings, is inaccurate. In …


The Object And Purpose Of A Treaty: Three Interpretive Methods, David S. Jonas, Thomas N. Saunders Jan 2010

The Object And Purpose Of A Treaty: Three Interpretive Methods, David S. Jonas, Thomas N. Saunders

Vanderbilt Journal of Transnational Law

This Article examines the three most prominent uses of the term "object and purpose" within the Vienna Convention on the Law of Treaties and, in each instance, offers a new method for applying the term. First, the rule that a treaty be interpreted "in light of" its object and purpose requires a process of interpretation that oscillates between a treaty's individual provisions and the logic of all its provisions as a whole. Second, for reservations, the term exists to preserve "rule coherence[,]" as that term has been developed by Professor Thomas Franck. Lastly, states are required upon signature not to …


Standardizing The Principles Of International Election Observation, Jonathan Misk Jan 2010

Standardizing The Principles Of International Election Observation, Jonathan Misk

Vanderbilt Journal of Transnational Law

On October 27, 2005, thirty-two international nongovernmental organizations (INGOs) and intergovernmental organizations (IGOs) signed the Declaration of Principles for International Election Observation, drafted with the assistance of the United Nations. For nearly four decades before the signing of the Declaration, international election observation rapidly gained acceptance as a legitimate method of guaranteeing free and fair elections and thus promoting lasting democratic institutions. Many INGOs and IGOs conducting observation missions--including the Organization for Security and Cooperation in Europe, the Organization of American States, the South African Development Community, and the Carter Center-independently developed standards for their observers to follow. As international …


Deconstructing Transnationalism: Conceptualizing Metanationalism As A Putative Model Of Evolving Jurisprudence, Paul Enriquez Jan 2010

Deconstructing Transnationalism: Conceptualizing Metanationalism As A Putative Model Of Evolving Jurisprudence, Paul Enriquez

Vanderbilt Journal of Transnational Law

This Article builds upon Philip C. Jessup's revolutionary scholarship to pave new pathways for interdisciplinary research and expand the normative constitutional framework of universal human problems. To that end, this Article ties American constitutional theory to the new era of international globalization and provides context that facilitates the discussion of racial and ethnic diversity in education from a domestic and international perspective. By arguing for compelling treatment of diversity in elementary and secondary learning institutions, this Article introduces a new theory of constitutional interpretation vis-&-vis international law. This theory, called metanationalism, rejects Harold Koh's theory of transnationalism and demonstrates that …


Responses To The Ten Questions, Mary Ellen O'Connell Jan 2010

Responses To The Ten Questions, Mary Ellen O'Connell

Journal Articles

The Journal of the National Security Forum (JNSF) Board of Editors posed ten questions on national security to a group of national-security law experts. Professor Mary Ellen O’Connell’s answers to the ten questions are presented.


Recent Development: The Anti-Counterfeiting Trade Agreement, Emily Ayoob Jan 2010

Recent Development: The Anti-Counterfeiting Trade Agreement, Emily Ayoob

Cardozo Arts & Entertainment Law Journal

No abstract provided.


International Commercial Transactions, Franchising, And Distribution, Arnold S. Rosenberg, Alfredo L. Rovira, Michael R. Daigle, Florian S. Jörg, Marc Ryser, William P. Johnson, Anders Forkman, Alan S. Gutterman, Ed., Calvin A. Hamilton, Ed. Jan 2010

International Commercial Transactions, Franchising, And Distribution, Arnold S. Rosenberg, Alfredo L. Rovira, Michael R. Daigle, Florian S. Jörg, Marc Ryser, William P. Johnson, Anders Forkman, Alan S. Gutterman, Ed., Calvin A. Hamilton, Ed.

All Faculty Scholarship

With the encouragement of the World Bank, Asian Development Bank, and other international financial institutions, in 2008-09 several countries modernized their secured transactions laws, expanded the types of moveable property that can serve as collateral for a debt, and established and streamlined registries for non-possessory security interests in moveable property.


Portraits Of Women At Nuremberg, Diane Marie Amann Jan 2010

Portraits Of Women At Nuremberg, Diane Marie Amann

Scholarly Works

This essay reflects ongoing research that investigates women who played roles in war crimes trials at Nuremberg, Germany, and situates those women within the context of social developments during the post-World War II era. Based on an autumn 2009 presentation at the Third International Humanitarian Law Dialogs, the essay builds upon the “Women at Nuremberg” series posted at IntLawGrrls blog. The essay mentions women who were defendants, journalists, or witnesses; however, it focuses on some of the women, mostly Americans, who served as prosecutors at Nuremberg.


From International Law To International Conflicts Of Law: The Fragmentation Of Legitimacy, Harlan G. Cohen Jan 2010

From International Law To International Conflicts Of Law: The Fragmentation Of Legitimacy, Harlan G. Cohen

Scholarly Works

This short essay, published as part of the proceedings of the 104th Annual Meeting of the American Society of International Law, confronts the problem of fragmentation in international law. Based on a longer paper, it challenges not only fragmentation’s conventional treatment as a technical or doctrinal problem but the very notion that there is a single international law community with a single doctrine of sources. On the contrary, the paper argues, what the problem of fragmentation reveals is that a single international law community is being replaced by separate, overlapping legal communities with significantly different views on law and legitimacy.


Book Review: The International Criminal Court: A Commentary On The Rome Statute By William Schabas, Oxford: Oxford University Press, 2010, Robert Currie Jan 2010

Book Review: The International Criminal Court: A Commentary On The Rome Statute By William Schabas, Oxford: Oxford University Press, 2010, Robert Currie

Articles, Book Chapters, & Popular Press

"A Commentary on the Rome Statute" by William Schabas is a giant of a work by a giant in the field. This review examines the breadth and scope of one of the most important works in the field, concluding that the book is not just an excellent resource but an indispensable one for anyone working in or following the field of international criminal justice.


R. V. Munyaneza: Pondering Canada's First Core Crimes Conviction, Robert Currie Jan 2010

R. V. Munyaneza: Pondering Canada's First Core Crimes Conviction, Robert Currie

Articles, Book Chapters, & Popular Press

Canada recently completed its first genocide trial, which resulted in the conviction of the Rwandan accused, Desiré Munyaneza, for crimes committed during the Rwandan genocide. While the case is still under appeal, it represents a significant success for Canada’s relatively new core crimes legislation, the Crimes Against Humanity and War Crimes Act, and was the first prosecution undertaken pursuant to that law. Drawing upon the Munyaneza case, the authors analyze the legislation and evaluate its effectiveness. They conclude that the model is an effective one that both bodes well for Canada’s future participation in the battle against impunity, and provides …


R. V. Munyaneza: Pondering Canada's First Core Crimes Conviction, Robert Currie, Ion Stancu Jan 2010

R. V. Munyaneza: Pondering Canada's First Core Crimes Conviction, Robert Currie, Ion Stancu

Articles, Book Chapters, & Popular Press

Canada recently completed its first genocide trial, which resulted in the conviction of the Rwandan accused, Desiré Munyaneza, for crimes committed during the Rwandan genocide. While the case is still under appeal, it represents a significant success for Canada’s relatively new core crimes legislation, the Crimes Against Humanity and War Crimes Act, and was the first prosecution undertaken pursuant to that law. Drawing upon the Munyaneza case, the authors analyze the legislation and evaluate its effectiveness. They conclude that the model is an effective one that both bodes well for Canada’s future participation in the battle against impunity, and provides …


The Copenhagen Climate Talks: The End Of The Road For The Unfcc Or A Step Forward In The Evolution Of The Regime, Meinhard Doelle Jan 2010

The Copenhagen Climate Talks: The End Of The Road For The Unfcc Or A Step Forward In The Evolution Of The Regime, Meinhard Doelle

Articles, Book Chapters, & Popular Press

This paper offers an overview of the key outcomes of the 2009 climate negotiations in Copenhagen and consider their implications for the evolution of the UN Climate Regime.


The Legacy Of The Climate Talks In Copenhagen: Hopenhagen Or Brokenhagen?, Meinhard Doelle Jan 2010

The Legacy Of The Climate Talks In Copenhagen: Hopenhagen Or Brokenhagen?, Meinhard Doelle

Articles, Book Chapters, & Popular Press

This article explores the implications of the Copenhagen climate talks in December 2009 for the future of the international climate change regime.


Early Experience With The Kyoto Compliance System: Possible Lessons For Mea Compliance System Design, Meinhard Doelle, Meinhard Doelle Jan 2010

Early Experience With The Kyoto Compliance System: Possible Lessons For Mea Compliance System Design, Meinhard Doelle, Meinhard Doelle

Articles, Book Chapters, & Popular Press

Regardless of the future of the Kyoto compliance system, much of its work will continue to be important both for the climate change regime and for other MEAs. While it is impossible to make accurate predictions about the substance of the climate change regime after 2012, it is nevertheless important to reflect on the experience with the Kyoto compliance system to date for MEA compliance generally. Adjustments to the Kyoto compliance system necessitated by post 2012 changes to the substantive obligations can, of course, only be considered once those changes are known. The central question posed in this article is …


Conceptualizing The Home State Duty To Protect Human Rights, Sara Seck Jan 2010

Conceptualizing The Home State Duty To Protect Human Rights, Sara Seck

Articles, Book Chapters, & Popular Press

The Special Representative to the UN Secretary-General on Business and Human Rights (SRSG) has identified the State duty to protect against human rights abuses by non-State actors, including business, as one of the fundamental pillars of the Framework for Business and Human Rights [Framework].1 The Framework “rests on differentiated but complementary responsibilities”, and is comprised of three “core principles”: the State duty to protect, the corporate responsibility to respect human rights, and the need for more effective access to remedies.2 However, the jurisdictional scope of the State duty to protect is disputed. According to the SRSG, international law provides that …


Introductory Note To The Supreme Court Of The United States: Noriega V. Pastrana, Kenneth Anderson Jan 2010

Introductory Note To The Supreme Court Of The United States: Noriega V. Pastrana, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Moving Global Health Law Upstream: A Critical Appraisal Of Global Health Law As A Tool For Health Adaptation To Climate Change, Lindsay Wiley Jan 2010

Moving Global Health Law Upstream: A Critical Appraisal Of Global Health Law As A Tool For Health Adaptation To Climate Change, Lindsay Wiley

Scholarly Articles in Law Reviews & Journals

The relatively new discipline of global health law is a potentially powerful tool for promoting health adaptation to climate change. Unfortunately, global climate change will intensify exactly those health threats that have not been adequately addressed by multilateral cooperation with respect to health in the past, which has been dominated by security-based and treatment-focused approaches. Recent focus on biosecurity concerns such as the global spread of emerging infectious diseases and biological terrorism has further entrenched a security-based approach to global health law and policy that has origins in the earliest attempts at international health cooperation and is currently embodied in …