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2010

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Articles 91 - 120 of 946

Full-Text Articles in International Law

Section 9: Immigration, Institute Of Bill Of Rights Law, William & Mary Law School Sep 2010

Section 9: Immigration, Institute Of Bill Of Rights Law, William & Mary Law School

Supreme Court Preview

No abstract provided.


The Holocaust Insurance Accountability Act Of 2010: Hearing Before The United States House Of Representatives, Committee On The Judiciary, Subcommittee On Commercial And Administrative Law. 111th Congress, 2nd Session, Michael P. Van Alstine Sep 2010

The Holocaust Insurance Accountability Act Of 2010: Hearing Before The United States House Of Representatives, Committee On The Judiciary, Subcommittee On Commercial And Administrative Law. 111th Congress, 2nd Session, Michael P. Van Alstine

Congressional Testimony

The testimony explores the essential legal issue of the extent to which executive agreements related to H.R. 4596 have any force as law in the United States. The agreements made it clear that they did not, by themselves, “provide an independent legal basis for dismissal” of claims of Holocaust victims filed in any courts of the United States. Instead, the executive branch simply agreed to file a “statement of interest” in such lawsuits to the effect “that U.S. policy interests favor dismissal on any valid legal ground.” Some lower courts have nonetheless given the statements of interest preemptive effect as …


When Facts Are Thin On The Ground, Julia Romasevych, Paul Antiss, Nancy Amoury Combs Sep 2010

When Facts Are Thin On The Ground, Julia Romasevych, Paul Antiss, Nancy Amoury Combs

Popular Media

Fact-finding at the international tribunals is not as precise as we think. Nancy Combs, Professor of Law at William and Mary Law School, explores this in her new book 'Fact-finding without facts: the uncertain evidentiary foundations of international criminal convictions'.


What Should Organized Human Rights Activism In Africa Become? Contributory Insights From A Comparison Of Ngos And Labor-Led Movements In Nigeria, Obiora Chinedu Okafor Sep 2010

What Should Organized Human Rights Activism In Africa Become? Contributory Insights From A Comparison Of Ngos And Labor-Led Movements In Nigeria, Obiora Chinedu Okafor

Buffalo Human Rights Law Review

What, if anything, might the significantly greater success of Labor-led human rights movements in Nigeria, as compared to the performance of the self-described human rights NGOs that also operate in that country, tell us about the ways to optimize organized human rights activism in Nigeria, and perhaps in the rest of the African continent? This is the central question that animates this article. After a review of the character of and modes of struggle employed by, both kinds of human rights groups, the article argues that the important institutional and conceptual differences that exist between Labor and the NGOs explain …


Of Shrines, Memorials And Museums: Using The International Criminal Court's Victim Reparation And Assistance Regime To Promote Transitional Justice, Frédéric Mégret Sep 2010

Of Shrines, Memorials And Museums: Using The International Criminal Court's Victim Reparation And Assistance Regime To Promote Transitional Justice, Frédéric Mégret

Buffalo Human Rights Law Review

This article reviews and critically assesses the Rome Statute's complex victim reparation and assistance regime. The regime is a dual one, characterized by its reliance both on reparations ordered by the International Criminal Court and assistance provided by the Trust Fund for Victims. Both approaches raise a series of quantitative, qualitative, scope and contextual problems which are very imperfectly answered at present. In particular, there is a risk that the broader needs of transitional justice will be omitted as falling neither under "reparations" or "assistance." Rather than address the issue of the best reparations/assistance regime in the abstract, this article …


The Analogy Between Piracy And Human Trafficking: A Theoretical Framework For The Application Of Universal Jurisdiction, Miriam Cohen Sep 2010

The Analogy Between Piracy And Human Trafficking: A Theoretical Framework For The Application Of Universal Jurisdiction, Miriam Cohen

Buffalo Human Rights Law Review

Universal jurisdiction is a doctrine by which States can assert jurisdiction over certain clearly circumscribed offenses that occur outside their territory and without any nexus to the nationality of the victim or the alleged perpetrator. The doctrine was originally developed to address piracy that occurred on the high seas. Because piracy occurred across international borders, thus impacting international navigation and commerce, it was seen as a threat to many, if not all nations. The justification for asserting universal jurisdiction over piracy was primarily based on the locus of the crime, its effect on many States, and its alleged heinous nature. …


Returning Home: The Challenge Of Repatriating Foreign Born Child Victims Of Forced Labor From India, Kathleen Kerr Sep 2010

Returning Home: The Challenge Of Repatriating Foreign Born Child Victims Of Forced Labor From India, Kathleen Kerr

Buffalo Human Rights Law Review

No abstract provided.


Should China Adopt Taiwan's Mandatory Share Doctrine?, Ya-Hui Hsu Sep 2010

Should China Adopt Taiwan's Mandatory Share Doctrine?, Ya-Hui Hsu

Penn State International Law Review (1982 - 2011)

No abstract provided.


Mr. Pendleton's Rainbows: On The Value Of Teaching Abroad, Kate E. Bloch Sep 2010

Mr. Pendleton's Rainbows: On The Value Of Teaching Abroad, Kate E. Bloch

Penn State International Law Review (1982 - 2011)

No abstract provided.


Hold 'Em Or Fold 'Em: Gambling Laws In Asia, Adam Shapiro Sep 2010

Hold 'Em Or Fold 'Em: Gambling Laws In Asia, Adam Shapiro

Penn State International Law Review (1982 - 2011)

No abstract provided.


Jus Cogens As A Vision Of The International Legal Order, Dr. Markus Petsche Sep 2010

Jus Cogens As A Vision Of The International Legal Order, Dr. Markus Petsche

Penn State International Law Review (1982 - 2011)

No abstract provided.


Volume 29 - Issue 2: Table Of Contents Sep 2010

Volume 29 - Issue 2: Table Of Contents

Penn State International Law Review (1982 - 2011)

No abstract provided.


Competition Policy And Consumer Protection Policy In Jordan, Hetham Hani Abu Karky Sep 2010

Competition Policy And Consumer Protection Policy In Jordan, Hetham Hani Abu Karky

Penn State International Law Review (1982 - 2011)

No abstract provided.


The Intelligibility Of Extralegal State Action: A General Lesson For Debates On Public Emergencies And Legality, François Tanguay-Renaud Sep 2010

The Intelligibility Of Extralegal State Action: A General Lesson For Debates On Public Emergencies And Legality, François Tanguay-Renaud

Articles & Book Chapters

Some legal theorists deny that states can conceivably act extralegally in the sense of acting contrary to domestic law. This position finds its most robust articulation in the writings of Hans Kelsen and has more recently been taken up by David Dyzenhaus in the context of his work on emergencies and legality. This paper seeks to demystify their arguments and ultimately contend that we can intelligibly speak of the state as a legal wrongdoer or a legally unauthorized actor.


South/North Exchange Of 2009 - Territorial Projections Of Law From The Left: Cities, Communities And Transnational Spaces. The Case Of Mexico In The Context Of The Global South, Miguel Rabago Dorbecker Sep 2010

South/North Exchange Of 2009 - Territorial Projections Of Law From The Left: Cities, Communities And Transnational Spaces. The Case Of Mexico In The Context Of The Global South, Miguel Rabago Dorbecker

Pace International Law Review Online Companion

No abstract provided.


South/North Exchange Of 2009 - The Challenges Of Climate Change Regulation For Governments On The Political Left: A Comparison Of Brazilian And United States Promises And Actions, Colin Crawford, Solange Teles Da Silva, Kevin Morris Sep 2010

South/North Exchange Of 2009 - The Challenges Of Climate Change Regulation For Governments On The Political Left: A Comparison Of Brazilian And United States Promises And Actions, Colin Crawford, Solange Teles Da Silva, Kevin Morris

Pace International Law Review Online Companion

No abstract provided.


South/North Exchange Of 2009 - The Constitutional Recognition Of Indigenous Peoples In Latin America, Gonzalo Aguilar, Sandra Lafosse, Hugo Rojas, Rebecca Steward Sep 2010

South/North Exchange Of 2009 - The Constitutional Recognition Of Indigenous Peoples In Latin America, Gonzalo Aguilar, Sandra Lafosse, Hugo Rojas, Rebecca Steward

Pace International Law Review Online Companion

No abstract provided.


It's Not You, It's Me: An Analysis Of The United States' Failure To Uphold Its Commitment To Oecd Guidelines For Multination Enterprises In Spite Of No Other Reliable Alternatives, Matthew H. Kita Sep 2010

It's Not You, It's Me: An Analysis Of The United States' Failure To Uphold Its Commitment To Oecd Guidelines For Multination Enterprises In Spite Of No Other Reliable Alternatives, Matthew H. Kita

Penn State International Law Review (1982 - 2011)

No abstract provided.


If It Looks Like A Duck ... : Private International Arbitral Bodies Are Adjudicatory Tribunals Under 28 U.S.C. § 1782(A), Brandon Hasbrouck Sep 2010

If It Looks Like A Duck ... : Private International Arbitral Bodies Are Adjudicatory Tribunals Under 28 U.S.C. § 1782(A), Brandon Hasbrouck

Washington and Lee Law Review

No abstract provided.


The Problem Of Parental Relocation: Closing The Loophole In The Law Of International Child Abduction, Maryl Sattler Sep 2010

The Problem Of Parental Relocation: Closing The Loophole In The Law Of International Child Abduction, Maryl Sattler

Washington and Lee Law Review

No abstract provided.


Public Statement On The International Investment Regime, Gus Van Harten, David Schneiderman Aug 2010

Public Statement On The International Investment Regime, Gus Van Harten, David Schneiderman

Commissioned Reports, Studies and Public Policy Documents

We have a shared concern for the harm done to the public welfare by the international investment regime, as currently structured, especially its hampering of the ability of governments to act for their people in response to the concerns of human development and environmental sustainability.


Counterfeit Conspiracy: The Misapplication Of Conspiracy As A Substantive Crime In International Law, Taylor R. Dalton Aug 2010

Counterfeit Conspiracy: The Misapplication Of Conspiracy As A Substantive Crime In International Law, Taylor R. Dalton

Cornell Law School J.D. Student Research Papers

In the International Criminal Tribunal for Rwanda (ICTR) case Prosecutor v. Musema, the trial chamber held that an individual can be found guilty solely for the crime of conspiracy to commit genocide even if no genocide takes place. The trial chamber found its jurisdiction to punish the crime of conspiracy under its establishing statute, but looks almost exclusively at national legal traditions to determine its content. It cites no other international law supporting its decision to incorporate domestic concepts into the crime. In contrast, the Rome Statute of the International Criminal Court, which relatively recently entered into force, seems to …


Fact-Finding Without Facts, Nancy Amoury Combs Aug 2010

Fact-Finding Without Facts, Nancy Amoury Combs

Popular Media

No abstract provided.


Basic Indian Legal Literature For Foreign Legal Professionals, Uma Narayan Aug 2010

Basic Indian Legal Literature For Foreign Legal Professionals, Uma Narayan

International Journal of Legal Information

Among Asian Nations, India has become a major political, cultural and business hub. This situation has contributed to frequent interaction of foreign governments, foreign nationals and businesspersons with India and Indians. In order to make them aware of the Indian Legal System and Literatures - so that they act within scope of the system – I present here a brief article giving an introduction to Indian legal literature and legal sources.


The Icj And The Future Of Transboundary Harm Disputes: A Preliminary Analysis Of The Case Concerning Aerial Herbicide Spraying (Ecuador V. Colombia), Robert Esposito Aug 2010

The Icj And The Future Of Transboundary Harm Disputes: A Preliminary Analysis Of The Case Concerning Aerial Herbicide Spraying (Ecuador V. Colombia), Robert Esposito

Pace International Law Review Online Companion

No abstract provided.


Doing Well By Doing Good, Alison Brysk Aug 2010

Doing Well By Doing Good, Alison Brysk

Human Rights & Human Welfare

As Tom Porteous contends in The Guardian, "a humane nation is a safer nation"—and ultimately, a more prosperous, healthy, happy, and green one too. My recent book, Global Good Samaritans, explores how half a dozen disparate nations came to adopt relatively humanitarian foreign policies, and how this has benefited global governance and their own development. Let us explore the lessons of history that inspired the real (albeit uneven) contributions of countries like Sweden, Canada, and Costa Rica—and why this should inspire more states like the UK to become active human rights promoters.


Uk Foreign Policy And Human Rights, Par Engstrom Aug 2010

Uk Foreign Policy And Human Rights, Par Engstrom

Human Rights & Human Welfare

William Hague’s assertion that human rights should constitute the “irreducible core” of foreign policy under the new UK coalition government may seem a radical departure for the new Foreign Secretary. Hague is, after all, a leading figure in the British Conservative Party, which in its recent election manifesto called for the repeal of the UK’s Human Rights Act that incorporates the European Convention on Human Rights into UK law. Given this profound ambivalence over the substantive value of human rights at home, the new UK government is not likely to adopt more assertive human rights policies abroad. Human rights advocates …


Regenerating Leadership Or Rhetoric?, Marc Alexander C. Gionet Aug 2010

Regenerating Leadership Or Rhetoric?, Marc Alexander C. Gionet

Human Rights & Human Welfare

The new coalition government in the UK is expediting efforts to mark a differentiation from its predecessor. In regards to foreign policy, the Secretary of State for Foreign & Commonwealth Affairs, William Hague, has identified human rights as the “irreducible core” in his initial speech of a four-part series intended to outline the new government’s priorities and approach.


Human Rights At The “Core” Of Uk Foreign Policy Requires Respect For Core Human Rights, Erin Mooney Aug 2010

Human Rights At The “Core” Of Uk Foreign Policy Requires Respect For Core Human Rights, Erin Mooney

Human Rights & Human Welfare

The true measure of whether human rights indeed are the "irreducible core" of the UK’s new foreign policy will be the extent to which the coalition government respects and protects “core” human rights.


How Piracy Has Shaped The Relationship Between American Law And International Law, Joel H. Samuels Aug 2010

How Piracy Has Shaped The Relationship Between American Law And International Law, Joel H. Samuels

American University Law Review

No abstract provided.