International Law Commons^™

"Ayudeme, No Puedo Irme A Case" Metodos Alternativos Para Las Victimas De Violencia Colombianos Que No Califican Para Asilo Politico En Los Estados Unidos, Yineth Sanchez

ILSA Journal of International & Comparative Law

Muchos de los lideres grupos paramilitares en Colombia han sido derrotados, pero la violencia y los problemas de seguridad continuan.

El Papel Del Fonda Multilateral De Inversiones (Fomin) En La Promocion De Inversiones Privadas Extranjeras En America Latina Y El Caribe, Francesco Seatzu

ILSA Journal of International & Comparative Law

Hoy en dia, muy pocos negarian que las inversiones privadas extranjeras, al igual que las remesas de los trabajodores, constituyen instrumentos fundamentales para el fortalecimiento y la expansion de las economias de los paises en desarrollo en Africa, Asia, y en particular en la region de America Latina y el Caribe.

"Parque Dmz Coreano De La Paz" Y El Problema De Las Minas, John J. Kim

ILSA Journal of International & Comparative Law

Escrito por un veterano del ejercito de los Estados Unidos que sirvio cerca de la zona desmilitarizada (DMZ) en 1968, la escena captura muy bien la imagen de la zona como una tierra desolada y abusada por un lado, y como una tierra virgen y salvaje de la naturaleza por el otro.

El Arbitraje Internacional Es Universal?, Halil Rahman Basaran

ILSA Journal of International & Comparative Law

Debido a la deversidad de las partes (estados, organizaciones internacionales, corporaciones e indivduales) y sujetos (responsabilidad del estado, inversiones, transacciones comercials, violaciones del contracto comercial internacional) el arbitraje internacional, seria adecuado argumentar que el arbitraje internacional incluye muchos tipos.

Journal Of International And Comparative Law, Journal Of International And Comparative Law

ILSA Journal of International & Comparative Law

The Fall issue of the ILSA Journal of International & Comparative Law is traditionally a collection of articles that highlight current challenges in international law and commentate on how those challenges may be addressed through legal mechanisms.

Current National Security And Human Rights Issues In The United Kingdom, Canada And Hong Kong, Dr. Daniel Alati

ILSA Journal of International & Comparative Law

In any jurisdiction, national security legislation is not developed or enacted in a vacuum and, as such, interdisciplinary analyses of this legislation are both necessary and useful.

A True Sense Of Independence: The Abolishment Of United Kingdom's Influence Towards The Legal Affairs Of The Commonwealth Caribbean, Shantel A. Mcdonald

ILSA Journal of International & Comparative Law

The Judcial Committee of the Privy Council ("Privy Council") sits in England and serves as the highest Court of Appeal for several Commonwealth Caribbean countries.

Espionage: A Comparative Analysis, Kristin A. Vara

ILSA Journal of International & Comparative Law

"Espionage is as pervasive today as it has ever been."

Sea Change: New Rulemaking Procedures At The International Labour Organization, Desiree Leclercq

ILSA Journal of International & Comparative Law

Change is important, but the ability to anticipate and implement change is difficult.

The 2015 Philip C. Jessup International Law Moot Court Competition, The Federal Republic Of Agnostica, The State Of Reverentia

ILSA Journal of International & Comparative Law

The Federal Republic of Agnostica ["Agnostica/Applicant"] and the State of reverentia ["Reverentia/Respondent"] herby submit the oresent dispute concerning the secession and annexation of East Agnostica to the International Court of Justice ["The Court"] by a Special Agreement, signed in the Hague on the second day of September in the year two thousand and fourteen, pursuant to Article 40(1) of the Statute of the International Court of Justice.

The 2015 Philip C. Jessup International Law Moot Court Competition, The Federal Republic Of Agnostica, The State Of Reverentia

ILSA Journal of International & Comparative Law

The Federal Republic of Agnostica ("Agnostica") and the State of Reverentia ("Reverentia") respectfully sumbit the present dispute to the International Court of Justice, pursuant to article 40, paragraph 1 of the Statue of the Court and by virtue of a Special Agreement (Compromis) signed in the Hague, The Netherlands, on September 2, 2014, and jointly notified to the Court on the same day.

Designing Trial Avoidance Procedures For Post-Conflict, Civil Law Countries: Is German Absprachen An Appropriate Model For Efficient Criminal Justice In Afghanistan?, Nasiruddin Nezaami

ILSA Journal of International & Comparative Law

In Afghanistan, the persistence of several problems has caused inefficiency in the criminal procedure.

The 2015 Philip C. Jessup International Law Moot Court Competition, La Republique Federale D'Agnostica, Et L'Etat De Reverentie (Defendeur)

ILSA Journal of International & Comparative Law

On behalf of the Federal Republic of Agnostica and the State of Reverentia, in accordance with Article 40(1) of the Statue of the International Court of Justice, we have the honour to transmit to you an original of the Special Agreement between Agnostica and Reverntia concerning the secession and annexation of Easr Agnostica and other issues, signed in The Hague on the second day of September in the year two thousand fourteen.

The Public Trust Doctrine In Environmental And Natural Resources Law, Second Edition, Mary C. Wood, Michael Blumm

Contributions to Books

The public trust doctrine (PTD) is an ancient property law doctrine which first surfaced in Roman law in the Justinian Code, was revived in medieval England largely through the efforts of Sir Mathew Hale, and became entrenched in American law in the nineteenth century through the process of statehood. In the twentieth century, the doctrine became a favorite of the law professoriate and the environmental community for its potential to recognize public rights in private property. Thus, the doctrine both promotes public access to trust resources and justifies public regulation of them. It also equips the public with the right …

Legislative Intent: The Convention On The Rights Of The Child: Is Thailand To Blame?, Jamie Collins

Children's Legal Rights Journal

No abstract provided.

The Failure Of Environmental International Law During Times Of War, Blake Lara

University of Baltimore Journal of Land and Development

Throughout history, war and armed conflict have maintained a continuous presence around the world. Though the reasons for war change, various nations emerge and subside, and populations alter, one of the constant elements of war is its degrading effect on the environment. In addition to indirect effects on the environment that ultimately result from war, nations have used the environment as both a weapon and target of war. For example, during the Peloponnesian War, the Spartans salted Athenian lands to make them infertile. In the Franco-Dutch War from 1672 to 1678, dikes and damns were destroyed in order to create …

Data Protection Laws: Quilts Versus Blankets, Samantha Diorio

Syracuse Journal of International Law and Commerce

No abstract provided.

At Play In The Field Of Law: Symbolic Capital And Foreign Attorneys In Ll.M. Programs, Jan Hoffman French

Indiana Journal of Global Legal Studies

In this Comment, I would like to pick up a thread of the authors' analysis and, in so doing, shift the emphasis a bit. That thread relates to their use of Pierre Bourdieu's theoretical conceptualizations of "field" and "forms of capital." In their analysis of admissions essays submitted by foreign-lawyer applicants, Lazarus-Black and Globokar consider how the discursive genre of the admissions essay orients itself to the powerladen structures that constitute the particular field within which the essay is playing, or to which it is addressed.8 They also use the Bourdieusian concepts of "cultural and linguistic capital" in relation to …

"Softness" In International Instruments: The Case Of Transnational Corporations, Harri Kalimo, Tim Staal

Syracuse Journal of International Law and Commerce

No abstract provided.

About The New Pca Rules And Their Application To Satellite Communication Disputes, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

In 2011 the PCA Optional Rules for Arbitration of Disputes Relating to Outer Space Activities were adopted. The present contribution addresses the possible relevance of these new rules for disputes regarding international satellite communication, noting the existence of various dispute settlement regimes already available and analyzing their respective usefulness for such international satellite communications disputes.

The Conundrum Of Wto Accession Protocols: In Search Of Legality And Legitimacy, Julia Ya Qin

Law Faculty Research Publications

Accession to the World Trade Organization differs from that of other international organizations in one major aspect: the WTO may prescribe more stringent rules for acceded members, depending on the result of individual accession negotiations. These country-specific rules are set out in the protocols of accession and now form a significant part of WTO law. However, questions concerning the legality and legitimacy of such rules remain to be answered. The accession protocols effectively modify the provisions of the WTO multilateral trade agreements, but the legal basis for so doing has never been properly explained and the relationship between the accession …

Understanding International Law, Stephen C. Mccaffrey

McGeorge School of Law Teaching Materials

his clearly written Understanding treatise is designed to explain what international law is, why it exists, and the basic subjects it covers. The law of treaties is given particular attention, chiefly because of the increasing importance of the treaty in international life. The number of treaties has mushroomed since the Second World War and many of these agreements include over 100 states as parties. Because of their number and the breadth of their coverage, treaties are thus the main form of international legislation. But since they are also contractual in character, and since many multilateral treaties allow states to place …

Towards Peer Pressure In Post-Disaster Governance: An Empirical Study, Shahla F. Ali

UC Law SF International Law Review

Recent experience reminds us the United States is anything but immune to the effects of major natural disasters; in 2012 Hurricane Sandy demolished the entire eastern seaboard, impacted 24 states and caused $50 billion to $68 billion of damage. As natural disasters occur with increasing frequency, there is growing interest and scholarship in disaster relief governance. Empirical researth regarding the mechanisms of post-disaster local governance is therefore timely given the scale and magnitude of suffering involved. The findings presented in this article driw on the attitudes and perceptions of practitioners working in disaster response fields to provide us with insights …

Host States' Due Diligence Obligations In International Investment Law, Eric De Brabandere

Syracuse Journal of International Law and Commerce

Due diligence is present in a variety of aspects of the protection of foreign investors in international investment law and plays an important role in several aspects of the protection of foreign investors. In particular, certain standards of investment protection, notably "full protection and security" ("FPS") include an obligation for the State to act with due diligence.

This articles seeks to establish an explanatory framework for past and future decisions of arbitral tribunals which have applied or will be confronted to applications of the due diligence standard in international investment law, by providing a typology of the different possible applications …

Cpa Dictates On Iraq: Not An Update To The Customary International Law Of Occupation But The Nucleus Of Blowback With The Emergence Of Isis, Robert Bejesky

Syracuse Journal of International Law and Commerce

No abstract provided.

Amicus Curiae A Favor De Los Demandantes, Comunidad De Campesinos De Santa Bárbara V. Perú, Corte Interamericana De Derechos Humanos, No. 10.932 (2015), Sarah Dávila-Ruhaak, Steven D. Schwinn, John Marshall Law School International Human Rights Clinic

Court Documents and Proposed Legislation

No abstract provided.

Property And Exceptionalism In China And The Anglo-American World, 1650-1860, Tahirih V. Lee

Scholarly Publications

No abstract provided.

The United States As A Refuge State For Child Abductors: Why The United States' Fails To Meet Its Own Expectations Relative To The Hague Convention, Andrew Zashin

Faculty Publications

This paper asserts that the only way true progress can be made regarding this problem is for the United States to acknowledge that this serious problem actually exists. One has to look beyond the feel-good statistics and congratulatory press releases to see that the existing system, including the application of the Hague Convention on Child Abduction, fails LBPs. Until the nature and scope of the problem is identified and examined, the United States will continue to be a refuge state for child abductors.

Relying On Government In Comparison: What Can The United States Learn From Abroad In Relation To Administrative Estoppel, Dorit Rubinstein Reiss

UC Law SF International Law Review

The United States' Supreme Court has never upheld a claim of estoppel against the government. A citizen relying on the government's advice does that at her peril: if the government wrongfully misrepresents or misinterprets a statute it can (and by some interpretations, must) go back on its word leaving the aggrieved citizen with no recourse. The Supreme Court has provided many arguments for this position, but the core of its rationale is premised on protecting what Europeans refer to as "the principle of legality." The principle of legality states that the Executive cannot waive requirements from primary legislation or deviate …

The Law And Politics Of The Charles Taylor Case, Charles Chernor Jalloh

Faculty Publications

This article discusses a rare successful prosecution of a head of state by a modern international criminal court. The case involved former Liberian president Charles Taylor. Taylor, who was charged and tried by the United Nations-backed Special Court for Sierra Leone (“SCSL”), was convicted in April 2013 for planning and aiding and abetting war crimes, crimes against humanity, and other serious international humanitarian law violations. He was sentenced to 50 years imprisonment. The SCSL Appeals Chamber upheld the historic conviction and sentence in September 2013. Taylor is currently serving his sentence in Great Britain. This article, from an insider who …