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Articles 181 - 210 of 261

Full-Text Articles in International Law

A Manifesto On Wipo And The Future Of Intellectual Property, James Boyle Sep 2004

A Manifesto On Wipo And The Future Of Intellectual Property, James Boyle

Duke Law & Technology Review

In this Manifesto, Professor Boyle claims that there are systematic errors in contemporary intellectual property policy and that WIPO has an important role in helping to correct them.


Isla Journal Of International And Comparative Law, Isla Journal Of Comparative Law Jan 2004

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

ILSA Journal of International & Comparative Law

One of the more common criticisms of modem globalization is that this trend is leading to "higher inequality within countries."


Isla Journal Of International And Comparative Law, Isla Journal Of Comparative Law Jan 2004

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

ILSA Journal of International & Comparative Law

In discussing the justice processes used in Indonesia and East Timor to hold individuals accountable for serious violations of international law com- mitted in East Timor, it is important to emphasize that the problems are rooted in politics not the rule of law.


United States And Africa On Fgm: Cultural Comparatives, Resolutions, And Rights, Julie R. Hess Jan 2004

United States And Africa On Fgm: Cultural Comparatives, Resolutions, And Rights, Julie R. Hess

ILSA Journal of International & Comparative Law

When I began researching female genital mutilation (hereinafter "FGM"), I was adamant about change for those who are forced to submit to FGM, those who allow the practice to be performed on themselves or, afortiori, to perform it themselves on their own children and other family members.


Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law Jan 2004

Isla Journal Of International & Comparative Law, Isla Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

In Ocho Rios, on July 23-24, 2004, the American and Caribbean Law Initiative ("ACLI")' held a conference entitled "Caribbean Market Forces: Emerging Trends in International and Comparative Law."


The Development Of The World Trade Organization And The International Criminal Court, Sydney M. Cone Iii Jan 2004

The Development Of The World Trade Organization And The International Criminal Court, Sydney M. Cone Iii

NYLS Law Review

No abstract provided.


The Bitter With The Sweet: The Impact Of The World Trade Organization’S Settlement Of The Banana Trade Dispute On The Human Rights Of Ecuadorian Banana Workers, Maxmillian Finley Jan 2004

The Bitter With The Sweet: The Impact Of The World Trade Organization’S Settlement Of The Banana Trade Dispute On The Human Rights Of Ecuadorian Banana Workers, Maxmillian Finley

NYLS Law Review

No abstract provided.


Developing Internationally Uniform Liability Principles For Harms From Genetically Modified Organisms , Ryan C. Hansen Nov 2003

Developing Internationally Uniform Liability Principles For Harms From Genetically Modified Organisms , Ryan C. Hansen

ExpressO

This paper analyzes the current legal principles regarding liabillity for harms from genetically modified organisms (GMOs) in the U.S. and E.U., as well as the various international policies and mechanisms affecting GMOs


Europe: Open Market… Open Source?, Heather Forrest Nov 2003

Europe: Open Market… Open Source?, Heather Forrest

Duke Law & Technology Review

The recent Proposed Directive on the patentability of computer-implemented inventions takes the European Community a step further down the road towards patents for computer software. If the goal of the Proposed Directive is to facilitate market entry for individual programmers and small and medium enterprises -- as it must be within the framework of the European Treaty -- then the European Commission should not be expanding intellectual property rights in technology goods, which, by their very nature, will lose value to the public long before their monopoly rights expire. Rather, the Commission should look to the open source movement and …


Freedom From Fear: Prosecuting The Iraqi Regime For The Use Of Chemical Weapons, Margaret A. Sewell Sep 2003

Freedom From Fear: Prosecuting The Iraqi Regime For The Use Of Chemical Weapons, Margaret A. Sewell

ExpressO

Since the recent war with Iraq, there is a lingering question as to how to prosecute Saddam Hussein (if captured) and the Iraqi regime for their past atrocities, particularly, the use of chemcial weapons against Iran during the Iran-Iraq War and the Kurds. This article provides a background of the crimes committed by the Iraqi regime, a discussion and recommendation of the various proseution fora, as well as a presentation of the evidence that can be used in a prosecution.


Icann—Now And Then: Icann’S Reform And Its Problems, Kim G. Von Arx Apr 2003

Icann—Now And Then: Icann’S Reform And Its Problems, Kim G. Von Arx

Duke Law & Technology Review

This paper sheds some light upon the major problem arising from the current normative infrastructure of the DNS and provides a possible solution to the current physical problem of the DNS. The paper's main focus is the single-entity control of the A Root. The paper uses as a starting point the Blueprint prepared by the Committee on ICANN Evolution and Reform and raises the question: Has this reform done anything to resolve the single-entity control of the A Root? The paper argues that the reform has done nothing to solve the problem because the international privatization of the DNS merely …


From Napster To Kazaa: The Battle Over Peer-To-Peer Filesharing Goes International, Seagrumn Smith Mar 2003

From Napster To Kazaa: The Battle Over Peer-To-Peer Filesharing Goes International, Seagrumn Smith

Duke Law & Technology Review

The Recording Industry Association of America (RIAA) may have won its domestic battle against Napster, but as an increasing number of peer-to-peer (P2P) providers crop up overseas, it has become apparent that the file-swapping battle has really just begun. As the recording and movie industries struggle to protect their copyrighted interests abroad, courts, both in the United States and in foreign countries, are being asked to answer difficult questions concerning international jurisdiction and enforcement. This ibrief will further explore these issues, particularly with reference to the RIAA's and Motion Picture Association of America's (MPAA) legal efforts against Kazaa, a foreign-based …


Isla Journal Of International And Comparative Law, Isla Journal Of Comparative Law Jan 2003

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

ILSA Journal of International & Comparative Law

Faraway from the frightening attacks on the World Trade Center and the Pentagon, a wall next to a mosque in Northern England reads, "Avenge USA - kill a Muslim now.


Isla Journal Of International And Comparative Law, Isla Journal Of Comparative Law Jan 2003

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

ILSA Journal of International & Comparative Law

The World Trade Organization (WTO) was formed in order to establish a set of international rules and norms for conducting trade among nations.


Due Process Erosion: The Diminution Of Live Testimony At The Icty, Megan A. Fairlie Jan 2003

Due Process Erosion: The Diminution Of Live Testimony At The Icty, Megan A. Fairlie

Faculty Publications

Shortly after its creation in 1993, the International Criminal Tribunal for the former Yugoslavia (ICTY) adopted an adversarial construct and advocated a preference for the presentation of direct evidence, or live witness testimony, in its criminal trials. In the wake of that decision and under considerable pressure to expedite its proceedings, the ICTY judges responded with efforts to streamline the trial process, amending the Tribunal’s Rules of Procedure and Evidence so as to incrementally increase the admissibility of written evidence. This article tracks the relevant rule changes and questions the merit of the decision to move away from live testimony. …


Teaching International Law: Beyond The Law School Experience, Charlotte Ku Jan 2003

Teaching International Law: Beyond The Law School Experience, Charlotte Ku

ILSA Journal of International & Comparative Law

As teachers, it is perhaps natural for us to think about teaching in the classroom context, although this panel is demonstrating the teaching opportunities that may exist outside of a single course or courses in international law.


Isla Journal Of International And Comparative Law, Isla Journal Of Comparative Law Jan 2003

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

ILSA Journal of International & Comparative Law

Unquestionably, there is growing interest in the subject of international law at several educational levels and among a broad constituency of students.


Dissecting The Lawfulness Of United States Foreign Policy: Classroom Debates As Pedagogical Devices, Christopher C. Joyner Jan 2003

Dissecting The Lawfulness Of United States Foreign Policy: Classroom Debates As Pedagogical Devices, Christopher C. Joyner

ILSA Journal of International & Comparative Law

Simulations can be used as educational exercises that enable students in the classroom to appreciate better the difficulties and nuances of legal issues affecting international relations.


The Legality Of The United States War On Terror: Is Article 51 A Legitimate Vehicle For The War In Afghanistan Or Just A Blanket To Cover-Up International War Crimes?, Matthew Scott King Jan 2003

The Legality Of The United States War On Terror: Is Article 51 A Legitimate Vehicle For The War In Afghanistan Or Just A Blanket To Cover-Up International War Crimes?, Matthew Scott King

ILSA Journal of International & Comparative Law

On September 11, 2001, a network of terrorists hijacked four commercial airliners and crashed them into the World Trade Center and Pentagon, killing and injuring thousands of Americans, as the world watched in shock and disbelief.


Anticipatory Repudiation Of Letters Of Credit, Keith A. Rowley Jan 2003

Anticipatory Repudiation Of Letters Of Credit, Keith A. Rowley

Scholarly Works

Letters of credit play a vital role in financing international transactions, and are becoming increasingly popular domestically as substitutes for more traditional secured financing. As such, they deserve substantially more scholarly attention than they receive outside of specialized treatises and banking trade publications. Moreover, as unilateral promises by issuers of the letters of credit to pay money to their beneficiaries, the fact that Article 5 of the Uniform Commercial Code and pre-UCC common law recognize the right of a beneficiary to sue for anticipatory repudiation is at odds with the prevailing rule in this country that a promisee cannot sue …


The American Influence On International Arbitration, Roger P. Alford Jan 2003

The American Influence On International Arbitration, Roger P. Alford

Journal Articles

It is indisputable that the international arbitration world is an identifiable epistemic community that transcends national borders, and whose members are shaped by their own experience. Increasingly, that experience reflects an American influence, be it heritage, training, affiliation, or client base. In these remarks, Professor Alford addresses three issues related to the Americanization of international arbitration. The first is whether international arbitration has, in fact, only recently become Americanized. He posits instead that there is always an ebb and flow to the level of the United States' involvement in international arbitration. During the drafting and signing of the 1958 New …


The Future Of Wireless Spam, Evan Cramer Oct 2002

The Future Of Wireless Spam, Evan Cramer

Duke Law & Technology Review

Though US cellular networks currently lack the capacity for widespread distribution of unsolicited wireless advertising (wireless spam), these advertisements are already well known in Japan and Europe, where they have proven to be a significant burden on cellular users. This iBrief examines the recently ratified legislation in Japan and Asia that have attempted to stop the glut of wireless advertisements, as a foreshadowing of the problems and questions that will soon have to be addressed in the United States.


Microsoft And The European Union Face Off Over Internet Privacy Concerns, Seagrumn Smith Aug 2002

Microsoft And The European Union Face Off Over Internet Privacy Concerns, Seagrumn Smith

Duke Law & Technology Review

Amidst what appears to be a multi-faceted attack by the European Union on Microsoft, the newest angle is the European Commission's announcement last month that it was considering a formal investigation of Microsoft's .Net Passport data processing system for possible violations of the European Union Data Privacy Directive. This iBrief explores the European Data Privacy Directive and seeks to explain why the European Commission believes .Net Passport may be in violation of its privacy policies and a case for further investigation.


Stretching The Limits Of International Law: The Challenge Of Terrorism, Asli Bali Jan 2002

Stretching The Limits Of International Law: The Challenge Of Terrorism, Asli Bali

ILSA Journal of International & Comparative Law

When this panel was originally conceived, we could not have anticipated the extent to which the limits of international law would have to be stretched by events in the city where our conference would be held.


The International Commercial Arbitration Model And Public International Law Disputes, Richard W. Hulbert Jan 2002

The International Commercial Arbitration Model And Public International Law Disputes, Richard W. Hulbert

ILSA Journal of International & Comparative Law

As someone who has been close to the ICC for more than fifteen years, my position on this afternoon's topic must seem preordained, except to those cynical enough to believe that familiarity breeds contempt rather than. more familiarity.


Isla Journal Of International And Comparative Law, Isla Journal Of Comparative Law Jan 2002

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

ILSA Journal of International & Comparative Law

The identification of the consumer as a discrete party, entitled to specific legal rights, is a product of the latter half of the twentieth century.


Isla Journal Of International And Comparative Law, Ilsa Journal Of International & Comparative Law Jan 2002

Isla Journal Of International And Comparative Law, Ilsa Journal Of International & Comparative Law

ILSA Journal of International & Comparative Law

No abstract provided.


Transnational Accountability And The Politics Of Shame, James N. Rosenau Jan 2002

Transnational Accountability And The Politics Of Shame, James N. Rosenau

ILSA Journal of International & Comparative Law

Since my work on world affairs is sensitive to the legal dimensions of the course of events, it is an especial pleasure to participate for the first time in a meeting of the International Law Association.


U.S. Export Controls On Technology Transfers, Matthew Crane Aug 2001

U.S. Export Controls On Technology Transfers, Matthew Crane

Duke Law & Technology Review

Companies selling technology products abroad must be careful that they have complied with regulations imposed on the exportation of technology products. This is especially true for companies seeking to export encryption technology. This iBrief explores the considerations that must be given to the export of encryption and other technologies.


International Liability In Cyberspace, Matthew Crane Jul 2001

International Liability In Cyberspace, Matthew Crane

Duke Law & Technology Review

Activities in cyberspace often expose companies to "cybertorts", a species of tort particularly difficult to reconcile with standard insurance policies. The author explores some of the difficulties in obtaining coverage for cybertorts from traditional insurance policies, and makes recommendations for companies to reduce their cyberspace liability exposure.