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Articles 421 - 450 of 903
Full-Text Articles in International Law
From Sovereignty To Responsibility: An Emerging International Norm And Its Call To Action In Burma, Alison Mccormick
From Sovereignty To Responsibility: An Emerging International Norm And Its Call To Action In Burma, Alison Mccormick
Indiana Journal of Global Legal Studies
"[O]ur struggle for democracy is a struggle for our everyday life." This, in the words of long-detained pro-democracy leader Aung San Suu Kyi, describes the isolated pariah state of Burma. Under brutal military rule since 1962, Burma is still desperately trying to change its deplorable circumstances through the leadership of Suu Kyi, but continues to fail due to the regime-written "new" constitution that guarantees the regime's continued leading role in the state apparatus.2 Illegitimate elections and continued repression of the democratic opposition allow for the regime's violations of basic human rights to continue. Rights violations that include displacement, forced labor, …
Shareholder Liability For Joint Venture Infringements In The European Union, Jolling K. De Pree, Stefan C.H. Molin
Shareholder Liability For Joint Venture Infringements In The European Union, Jolling K. De Pree, Stefan C.H. Molin
Fordham International Law Journal
Part I of this Essay briefly addresses the legal basis for attribution of liability as established by the CJ in Akzo Nobel. Part II discusses the Commission's new attribution policy for joint venture infringements and its compatibility with EU case law. Part III discusses the application of the concept of joint and several liability in joint venture situations.
Can The Enlarged European Union Continue To Be That United, Giorgio Maganza
Can The Enlarged European Union Continue To Be That United, Giorgio Maganza
Fordham International Law Journal
Although a tribute to Jean-Claude Piris could easily stretch through the whole spectrum of European Union law-which broadened in part thanks to his active contribution over the twenty-year term when he served as Legal Adviser to the Council of the European Union, the European Council, and several intergovernmental conferences for the reform of the treaties-it is appropriate to devote the following lines to the theme of institutional strengthening, which always attracted his consideration and thinking and to which he contributed some illuminating and forward-looking writings; and it is tempting to do so in the light of a specific feature that …
The European Union And The Treaty Of Lisbon, Roger J. Goebel
The European Union And The Treaty Of Lisbon, Roger J. Goebel
Fordham International Law Journal
With this cursory description of the European Council prior to the Treaty of Lisbon, this Essay turns to the major changes produced by that treaty. Space considerations require a limited focus. Part I discusses the impact of the European Council's new status as one of the institutions of the European Union ("EU"). Part II considers its designated power to take by qualified majority vote many important legally-binding decisions. Part III reviews two of its major roles: deciding when the Treaties should be amended and setting the procedure for amendment, and determining the timing and terms of accession of candidate nations. …
Cartels In The European Union: Procedural Fairness For Defendants And Claimants, David Anderson, Rachel Cuff
Cartels In The European Union: Procedural Fairness For Defendants And Claimants, David Anderson, Rachel Cuff
Fordham International Law Journal
This Essay will explore the issues and concerns from both the defendant and plaintiff angle, and from the micro to the macro level. Above all, it hopes to suggest ways in which the EU systems might be improved to increase fairness and access to justice for both sides. The first three Parts of this Essay consider the issues from the point of view of defendants in cartel investigations. Part I looks at concerns regarding the procedural detail of the investigative process, and in particular the increasing impact of human rights arguments. Part II steps back to focus on more over-arching …
The Contradictory Overlapping Of National, Eu, Bilateral, And The Multilateral Rules On Foreign Direct Investment: Who Is Guilty Of Such A Mess, Ramon Torrent
Fordham International Law Journal
This intends to be a very empirical Essay. It lets the facts (legal facts, but facts nevertheless) speak for themselves. Part I of this Essay first examines the not granting of national treatment by European Union ("EU")-and EU Member States'-law to companies controlled by third-country nationals or other companies. Part II shows that bilateral investment treaties ("BITs") concluded by EU Member States do grant such national treatment horizontally and without any sectorial exception (contrary to US BITs that do include a list of exceptions, as shown in Part III). Part IV explains why BITs (not only EU Member States' BITs, …
The Status In Eu Law Of International Agreements Concluded By Eu Member States, Allan Rosas
The Status In Eu Law Of International Agreements Concluded By Eu Member States, Allan Rosas
Fordham International Law Journal
This Essay will, first, provide a general discussion on the status in Union law of agreements concluded by EU Member States. Second, brief discussions will follow on the specific nature of agreements concluded between the Member States inter se as well as on the special status of agreements concluded before the Member State concerned became a member of the Union. Third, the main part of this Essay will address different categories of agreements concluded by Member States in order to provide a more refined picture of the legal relevance of such agreements for Union law. The final Section will provide …
Head-Of-State And Foreign Official Immunity In The United States After Samantar: A Suggested Approach, Christopher D. Totten
Head-Of-State And Foreign Official Immunity In The United States After Samantar: A Suggested Approach, Christopher D. Totten
Fordham International Law Journal
A concept of immunity for foreign heads of state has existed since ancient times. Such immunity constitutes customary international law (“CIL”) and, when applicable, frees such individuals from the criminal jurisdiction of foreign nations while carrying out their duties. In the United States, executive branch guidance is considered determinative on the issue of foreign head-of-state immunity; however, the executive branch does not always provide suggestions of immunity, or it may provide suggestions that violate CIL. Drawing upon both US and against foreign sitting and former heads of state and government officials increasingly are becoming more established and ma provide additional …
Protecting Non-Us Citizens From Removal Terminating Hiv/Aids Treatment, Valerie K. Mitchell
Protecting Non-Us Citizens From Removal Terminating Hiv/Aids Treatment, Valerie K. Mitchell
Fordham International Law Journal
Part I of this Note introduces the problem of removal of non-US citizens with HIV/AIDS in the United States to countries where treatment is unavailable, and discusses case law in which the European Court of Human Rights and the Inter-American Commission on Human Rights have recognized a protection from removal that would terminate HIV/AIDS treatment. Part II examines the US domestic legal protections potentially available to non-US citizens in the United States whose removal will terminate their HIV/AIDS treatment, as well as the application of each of these legal protections to those with HIV/AIDS contesting deportation to countries lacking adequate …
Table Of Contents, Loyola University Chicago International Law Review
Table Of Contents, Loyola University Chicago International Law Review
Loyola University Chicago International Law Review
No abstract provided.
Litigating The Long War On Terror: The Role Of Al-Aulaqi V. Obama, Lesley Wexler
Litigating The Long War On Terror: The Role Of Al-Aulaqi V. Obama, Lesley Wexler
Loyola University Chicago International Law Review
No abstract provided.
The Evolution Of International Law: Arcs And Cycles, Michael J. Kelly
The Evolution Of International Law: Arcs And Cycles, Michael J. Kelly
Case Western Reserve Journal of International Law
No abstract provided.
What Is This Case Doing Here? Human Rights Litigation In The Courts Of The United States, Steven M. Schneebaum
What Is This Case Doing Here? Human Rights Litigation In The Courts Of The United States, Steven M. Schneebaum
Case Western Reserve Journal of International Law
No abstract provided.
The "Right" To Be Trafficked, Charles Piot
The "Right" To Be Trafficked, Charles Piot
Indiana Journal of Global Legal Studies
The post-Cold War dispensation in Togo, West Africa, ushered in a new lexicon of politically salient terms, among them droits de 1'homme. Initially deployed in the early 1990s by members of the political opposition to expose dictatorial abuse, this potent signifier then found its way into society at large and, spurred by NGO support, was taken up by women's groups in struggles over gender inequality. This essay explores droits de l'homme's itinerary in the villages of northern Togo where teenage children embraced the term in proclaiming their freedom from parental control. Ironically, the same children now leave their villages to …
Eccc In Pre-Trial Action: Was There Good Reason To Order Pre-Trial Detention Of The Eccc Defendants, Stan Starygin
Eccc In Pre-Trial Action: Was There Good Reason To Order Pre-Trial Detention Of The Eccc Defendants, Stan Starygin
Human Rights Brief
No abstract provided.
Overcoming Domestic Legal Impediments To The Investigation And Prosecution Of Human Rights Violations: The Case Of Argentina, Fabián Raimondo
Overcoming Domestic Legal Impediments To The Investigation And Prosecution Of Human Rights Violations: The Case Of Argentina, Fabián Raimondo
Human Rights Brief
No abstract provided.
Homosexual Single Individuals’ Right To Adopt Before The European Court Of Human Rights And In The French Legal Context, Elena Falletti
Homosexual Single Individuals’ Right To Adopt Before The European Court Of Human Rights And In The French Legal Context, Elena Falletti
Human Rights Brief
No abstract provided.
International Legal Updates, Aimee Mayer, Jessica Lynd, Shubra Ohri, Catherine Davies, Molly Hofsommer, Misty Seemans, Leah Chavla, Kaitlin Brush
International Legal Updates, Aimee Mayer, Jessica Lynd, Shubra Ohri, Catherine Davies, Molly Hofsommer, Misty Seemans, Leah Chavla, Kaitlin Brush
Human Rights Brief
No abstract provided.
Updates From The International And Internationalized Criminal Courts, Slava Kuperstein, Lindsay Roberts, John Coleman, Beka Feathers, Anna Naimark, Ivan Carpio
Updates From The International And Internationalized Criminal Courts, Slava Kuperstein, Lindsay Roberts, John Coleman, Beka Feathers, Anna Naimark, Ivan Carpio
Human Rights Brief
No abstract provided.
Updates From The Regional Human Rights Systems, Carson Osberg, Emilyrose Johns, Christopher Tansey, Michael Becker
Updates From The Regional Human Rights Systems, Carson Osberg, Emilyrose Johns, Christopher Tansey, Michael Becker
Human Rights Brief
No abstract provided.
Updates From Inter-Governmental And Non-Governmental Organizations, Sikina S. Hasham, Thomas Avery
Updates From Inter-Governmental And Non-Governmental Organizations, Sikina S. Hasham, Thomas Avery
Human Rights Brief
No abstract provided.
Book Reviews, Holly Chapin, Amparo Martínez-Guerra
Book Reviews, Holly Chapin, Amparo Martínez-Guerra
Human Rights Brief
No abstract provided.
De-Democratization In Israel: Repressions Against Human Rights Defenders And The Need For Implementation Of The Eu Guidelines On The Protection Of Human Rights Defenders, Annette Groth, Tanja Tabbara
De-Democratization In Israel: Repressions Against Human Rights Defenders And The Need For Implementation Of The Eu Guidelines On The Protection Of Human Rights Defenders, Annette Groth, Tanja Tabbara
Human Rights Brief
No abstract provided.
Interview: Annette Martínez, Michael Becker
Interview: Layli Miller-Muro, Elizabeth S. Francis
Interview: Layli Miller-Muro, Elizabeth S. Francis
Human Rights Brief
No abstract provided.
Special Coverage Of The 141st Period Of Sessions Of The Inter-American Commission On Human Rights, Kaitlin Brush, Alma Liliana Mata Noguez, Melanie Debrosse
Special Coverage Of The 141st Period Of Sessions Of The Inter-American Commission On Human Rights, Kaitlin Brush, Alma Liliana Mata Noguez, Melanie Debrosse
Human Rights Brief
No abstract provided.
Updates From The International And Internationalized Criminal Courts , Slava Kuperstein, Lindsay Roberts, Catlin Meade, Elizabeth Francis, Ivan Carpio
Updates From The International And Internationalized Criminal Courts , Slava Kuperstein, Lindsay Roberts, Catlin Meade, Elizabeth Francis, Ivan Carpio
Human Rights Brief
No abstract provided.
Updates From The Regional Human Rights Systems, Carson Osberg, Emilyrose Johns, Christopher Tansey, Michael Becker
Updates From The Regional Human Rights Systems, Carson Osberg, Emilyrose Johns, Christopher Tansey, Michael Becker
Human Rights Brief
No abstract provided.
Updates From Inter-Governmental And Non-Governmental Organizations, Sikina S. Hasham, Thomas Avery
Updates From Inter-Governmental And Non-Governmental Organizations, Sikina S. Hasham, Thomas Avery
Human Rights Brief
No abstract provided.
Opening Remarks, Claudio Grossman, Mark Thomson
Opening Remarks, Claudio Grossman, Mark Thomson
Human Rights Brief
No abstract provided.