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2011

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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 Jan 2011

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 Jan 2011

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 Jan 2011

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 Jan 2011

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 Jan 2011

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 Jan 2011

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 Jan 2011

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 Jan 2011

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 Jan 2011

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 Jan 2011

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 Jan 2011

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 Jan 2011

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 Jan 2011

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 Jan 2011

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 Jan 2011

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 Jan 2011

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 Jan 2011

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 Jan 2011

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 Jan 2011

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 Jan 2011

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 Jan 2011

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 Jan 2011

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 Jan 2011

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 Jan 2011

Interview: Annette Martínez, Michael Becker

Human Rights Brief

No abstract provided.


Interview: Layli Miller-Muro, Elizabeth S. Francis Jan 2011

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 Jan 2011

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 Jan 2011

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 Jan 2011

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 Jan 2011

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 Jan 2011

Opening Remarks, Claudio Grossman, Mark Thomson

Human Rights Brief

No abstract provided.