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Articles 1 - 30 of 925
Full-Text Articles in International Law
An Approach To Improve International Maritime Security Through The Coordination Between The Imo Instruments And The Proliferation Security Initiative (Psi) Regime, Song Y. Yi
World Maritime University Dissertations
This dissertation is a study on the Proliferation Security Initiative (PSI) which is a global effort through which nations deliberately interdict carriage of illicit WMD-related substances commuting States and non-States actors. Given its flexibility as an “activity” rather than an organization, the initiative has gained supports from more than 102 countries since its interception in 2003. Now, in its 10th year, and despite boasting over 100 participants, the PSI continues to face legal, political and structural challenges. By looking into the realities of PSI activities, the paper attempts to explore some of the key challenges, with its practical means of …
The Rights Of Private Economic Actors Under The World Trade Organization Agreements In Indonesia, Intan Soeparna
The Rights Of Private Economic Actors Under The World Trade Organization Agreements In Indonesia, Intan Soeparna
Indonesia Law Review
Nothing in the Uruguay Round mentions directly about rights of private economic actors. It seems that the relationship to private economic actors (or may be individual) does not exist within the WTO Agreements, because as a general rule, private parties are not legal subjects of the international legal order. However, this article will prevail upon this situation, by looking closer at the essence of the WTO Agreements to discern the rights of private economic actors that derive from the WTO. The main question of this article is to what extent then Indonesia is dealing with the rights of private economic …
Jihad Re-Examined: Islamic Law And International Law, Manisuli Ssenyonjo
Jihad Re-Examined: Islamic Law And International Law, Manisuli Ssenyonjo
Santa Clara Journal of International Law
No abstract provided.
Preface, Marc S. Wiesner
Preface, Marc S. Wiesner
Santa Clara Journal of International Law
No abstract provided.
The Kids Before Khadr: Haitian Refugee Children On Guantanamo [A Comment On Richard J. Wilson's Omar Khadr: Domestic And International Litigation Strategies For A Child In Armed Conflict Held At Guantanamo], Kate Jastram
Santa Clara Journal of International Law
No abstract provided.
Victimization, Mainstreaming, And The Complexity Of Gender In Armed Conflict, Johanna Bond
Victimization, Mainstreaming, And The Complexity Of Gender In Armed Conflict, Johanna Bond
Santa Clara Journal of International Law
No abstract provided.
Selected Bibliography On Adjudications And New Mexico Water Management, Carol Romero-Wirth, Susan Kelly, Ernesto Longa
Selected Bibliography On Adjudications And New Mexico Water Management, Carol Romero-Wirth, Susan Kelly, Ernesto Longa
Publications
No abstract provided.
Why Eu Work-Family Reconciliation Policies Fail In Italy: A Feminist Legal Analysis, Chrystal Orozco
Why Eu Work-Family Reconciliation Policies Fail In Italy: A Feminist Legal Analysis, Chrystal Orozco
Master's Theses
Following the establishment of the European Parental Leave Directive (96/34/EC), the female employment rate in Italy is still ranked the third lowest in the European Union (EU) and Italian women continue to do twice as much household work as Italian men. Parents, especially women, struggle to find a balance between professional work and their family lives in a society that encourages the traditional gendered roles of the housewife and the breadwinner. The following study is a theoretical analysis of the Parental Leave Directive and the potential domestic influences that may prevent Italy from progressing socially towards gender equality. This study …
Custom, General Principles And The Great Architect Cassese, Mary Fan
Custom, General Principles And The Great Architect Cassese, Mary Fan
Articles
Major advances in international criminal law and procedure rose on the trusses of judicially elucidated sources of international law—custom and general principles. These sources depend on the crucial art of derivation advanced by the architect of modern international criminal justice, President Antonio Cassese. What has transformed international criminal justice into flourishing law able to address changing configurations of violence is the development of the art of finding law in the dark and wilds of murky unwritten norms. [para] President Cassese pioneered paths through a perilous bog. "[T]he law lives in persons," and to understand the law one must study the …
Immigration Policy From Scratch: The Universal And The Unique, Stephen H. Legomsky
Immigration Policy From Scratch: The Universal And The Unique, Stephen H. Legomsky
William & Mary Bill of Rights Journal
No abstract provided.
Introduction: Making The Link Between Transitional Justice And Conflict-Related Sexual Violence, Margot Wallström
Introduction: Making The Link Between Transitional Justice And Conflict-Related Sexual Violence, Margot Wallström
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Doubly Protected And Doubly Discriminated: The Paradox Of Women With Disabilities After Conflict, Kathleen Cornelsen
Doubly Protected And Doubly Discriminated: The Paradox Of Women With Disabilities After Conflict, Kathleen Cornelsen
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Reparations For Conflict-Related Sexual And Reproductive Violence: A Decalogue, Ruth Rubio-Marín
Reparations For Conflict-Related Sexual And Reproductive Violence: A Decalogue, Ruth Rubio-Marín
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Gender And The Charles Taylor Case At The Special Court For Sierra Leone, Valerie Oosterveld
Gender And The Charles Taylor Case At The Special Court For Sierra Leone, Valerie Oosterveld
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Food Sovereignty In The United States: Supporting Local And Regional Food Systems, Allison Condra
Food Sovereignty In The United States: Supporting Local And Regional Food Systems, Allison Condra
Journal of Food Law & Policy
Today, perhaps more than ever, an increasing portion of U.S. society is paying attention to and asking questions about our food and agricultural system. We are recognizing the immense consequences of the agricultural "efficiencies" we valued and wrote into our policies in the seventies-for example, growing corn "fence row to fence row" and the ease of microwaved meals and prepackaged foods. 3 The increasingly global nature of our food system and its consequences are becoming more apparent. Food safety concerns-prompted by a growing number of foodborne illness outbreaks and the government's response in the 2009 Food Safety Modernization Act-loom large …
Toward A Functional Approach To Sovereign Equality, Peter B. Rutledge
Toward A Functional Approach To Sovereign Equality, Peter B. Rutledge
Scholarly Works
Under the principle of sovereign equality of nations, nation states are entitled to equal dignity (evidenced by conventions like their voting rights in the United Nations), have the identical capacity to contract (evidenced by their ability to enter into treaties), and are not subject to a superior sovereign (evidenced by the lack of a global leviathan). This principle also has had an important effect in the field of international civil litigation, in areas such as judicial jurisdiction or sovereign immunity. As that principle has weakened over the twentieth century, risks of aggravation to comity have risen, resulting in the development …
Reconstituting Constitutions—Institutions And Culture: The Mexican Constitution And Nafta: Human Rights Vis-À-Vis Commerce, Imer Flores
Georgetown Law Faculty Publications and Other Works
The aim of this Essay is threefold. First, this Essay will focus on the main characteristics of both the great transformation, experienced in the Mexican institutional economic framework during the last thirty-five years, in general, and within the past twenty years, in particular, that were made through constitutional reforms. In addition, the greater expectation that such structural reforms generated in the process of re-enacting the constitution in the political context, should be along the lines of human rights and separation of powers. Second, this Essay will attempt to bring into play the role of treaties in this transformational process, by …
Cross-Border Insolvency Problems: Is The Uncitral Model Law The Answer?, S. Chandra Mohan
Cross-Border Insolvency Problems: Is The Uncitral Model Law The Answer?, S. Chandra Mohan
Research Collection Yong Pung How School Of Law
This paper examines the impact that the UNCITRAL Model Law on Cross-border Insolvency has had on States in the light of the central problems often associated with transnational insolvencies. Despite the accolades that it has received, the Model Law has been adopted in only 19 countries in the last 15 years and that too in many different ways. If the number of adoptees and the rather conditional acceptance of the Model Law’s provisions represent a lack of international enthusiasm for adopting the Model Law, what are the reasons for this? The paper concludes by asking whether the UNCITRAL Model Law …
Boland In The Wind: The Iran-Contra Affair And The Invitation To Struggle , Bretton G. Sciaroni
Boland In The Wind: The Iran-Contra Affair And The Invitation To Struggle , Bretton G. Sciaroni
Pepperdine Law Review
No abstract provided.
Methods Of Compensating Victims Of War: Combating The Problems Of An Enduring System, Bryan S. Hance
Methods Of Compensating Victims Of War: Combating The Problems Of An Enduring System, Bryan S. Hance
Pepperdine Law Review
No abstract provided.
Foreword, Amy C. Gaudion
Foreword, Amy C. Gaudion
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
American Parent Bank Liability For Foreign Branch Deposits: Which Party Bears Sovereign Risk?, Adam Telanoff
American Parent Bank Liability For Foreign Branch Deposits: Which Party Bears Sovereign Risk?, Adam Telanoff
Pepperdine Law Review
No abstract provided.
The Child's Right To Be Heard And Represented In Judicial Proceedings , Howard A. Davidson
The Child's Right To Be Heard And Represented In Judicial Proceedings , Howard A. Davidson
Pepperdine Law Review
No abstract provided.
Jlia Editorial Board & Staff
Penn State Journal of Law & International Affairs (2012 - Present)
No abstract provided.
To Forgive And Forget: How Reconciliation And Amnesty Legislation In Afghanistan Forgives War Criminals While Forgetting Their Victims, Sara L. Carlson
To Forgive And Forget: How Reconciliation And Amnesty Legislation In Afghanistan Forgives War Criminals While Forgetting Their Victims, Sara L. Carlson
Penn State Journal of Law & International Affairs (2012 - Present)
More than three decades of war and hundreds of thousands killed or brutalized by the actions of warlords and insurgent commanders vying for power comprise the backdrop of modern Afghanistan. As Afghanistan continues toward a new era, seeking democracy in a country where tribal affiliations and ethnic groups often usurp any sense of patriotism, the reconciliation of armed fighters while providing an adequate grievance process for victims of war crimes must take priority in the process adopted to unify the Islamic Republic of Afghanistan. This comment explores the current attempt by the Islamic Republic of Afghanistan to provide a system …
International Activity And Domestic Law, Adam I. Muchmore
International Activity And Domestic Law, Adam I. Muchmore
Penn State Journal of Law & International Affairs (2012 - Present)
This essay explores the ways States use their domestic laws to regulate activities that cross national borders. Domestic-law enforcement decisions play an underappreciated role in the development of international regulatory policy, particularly in situations where the enforcing State's power to apply its law extraterritorially is not contested. Collective action problems suggest there will be an undersupply of enforcement decisions that promote global welfare and an oversupply of enforcement decisions that promote national welfare. These collective action problems may be mitigated in part by government networks and other forms of regulatory cooperation.
The Full Story Of United States V. Smith, America’S Most Important Piracy Case, Joel H. Samuels
The Full Story Of United States V. Smith, America’S Most Important Piracy Case, Joel H. Samuels
Penn State Journal of Law & International Affairs (2012 - Present)
This article explores the seminal United States Supreme Court decision of United States v. Smith (1820). Smith, an early piracy case, has influenced developments in both domestic and international law on piracy, universal jurisdiction, and a range of broader themes. This article is the first to explore the context within which the case arose, as well as the circumstances of the case itself. In addition to the details of the case, the story of the men prosecuted for their cruise aboard the vessel known as the Irresistible in the late spring and early summer of 1819 also offers a …
Remarks On Counterstrike, Eric Schmitt
Remarks On Counterstrike, Eric Schmitt
Penn State Journal of Law & International Affairs (2012 - Present)
After 9/11, the United States government was forced to think differently about terrorism and the nation’s ability to respond to attacks. Eric Schmitt and Thom Shanker address many of the intricacies faced by officials at the White House, the State Department and the Pentagon in their book Counterstrike. In this essay, transcribed from remarks given on March 21, 2012 at the Clarke Forum for Contemporary Issues at Dickinson College, Schmitt discusses how the U.S. government’s policies toward Al Qaeda and terrorism in general have evolved in the ten-year period following the attacks.
Remarks, The Big Picture: Beyond Hot Spots & Crises In Our Interconnected World, Anne-Marie Slaughter
Remarks, The Big Picture: Beyond Hot Spots & Crises In Our Interconnected World, Anne-Marie Slaughter
Penn State Journal of Law & International Affairs (2012 - Present)
The picture of foreign policy as seen by the United States has changed dramatically over the last few decades. The United States now faces a world far more interconnected and integrated than the foreign policy landscape of the Cold War and its immediate aftermath. Instead of one or two super power centers, the world today is made up of multiple global and regional power centers. This essay, transcribed and adapted from remarks given by Anne-Marie Slaughter on March 15, 2012, at the Dickinson School of Law of the Pennsylvania State University, examines the shift to a multi-polar world of foreign …
International Order After The Financial Crisis, Harold James
International Order After The Financial Crisis, Harold James
Penn State Journal of Law & International Affairs (2012 - Present)
How is international order built, and how is it legitimate, in a world in which political and economic foundations are rapidly shifting? What are the consequences of the rise of major new powers for the structure and the functioning of the international system? Great wars or great financial crises have in the past led to disorientation about the moral foundations of society, domestically and internationally. The paper examines parallels with the Great Depression, and in particular the weakening of multilateralism and of small political units, and the strengthening of large powers with hegemonic claims. The paper then turns to an …