International Law Commons^™

Offshore Offerings By Foreign Entities: How Far Will The Sec Reach To Regulate?, Melvina Carrick, Matthew Crane, Jennifer Hu

Duke Law & Technology Review

Many countries' regulatory regimes, including that of the United States, traditionally require registration of all investment services offers or securities sales to their citizens. Many have claimed that the Internet will make such financial regulation obsolete. With the advent of the new technology, regulatory bodies across the globe have been forced to redefine what constitutes an offer to purchase securities within their borders. They have come up with a variety of models for regulating cross-border capital flows. Even countries with similar legal traditions such as Britain, the US, and Australia have taken different approaches.

Why Barayagwiza Is Boycotting His Trial At The Ictr: Lessons In Balancing Due Process Rights And Politics, Mercedeh Momeni

ILSA Journal of International & Comparative Law

On October 23, 2000, an eagerly anticipated joint trial, dubbed "the media trial," began at the United Nations International Criminal Tribunal for Rwanda (ICTR or Tribunal), in Arusha, Tanzania.'

The Increasing Role Of Interest Groups In Investment Transactions Involving International Financial Institutions, Mark Kantor

ILSA Journal of International & Comparative Law

I would like to welcome you to our panel on the Increasing Role of Interest Groups in Investment Transactions Involving International Financial Institutions.

Air Rage: Is It A Global Problem? What Proactive Measures Can Be Taken To Reduce Air Rage, And Whether The Tokyo Convention Should Be Amended To Ensure Prosectuion Of Air Rage Offenders?, Margaret P. Fogg

ILSA Journal of International & Comparative Law

Air rage is a fairly recent phenomenon gaining domestic and international scrutiny in an area of increasing importance and interest to the traveling public

What Is Needed To Protect International Human Rights In The 21st Century, Oscar Arias

ILSA Journal of International & Comparative Law

International human rights is a subject of special significance to me, as a citizen and former President of Costa Rica.

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

ILSA Journal of International & Comparative Law

Upon the inception of the new civilian administration on May 29' 2000, after almost twenty years of military rule, President Olusegun Obasanjo set up, inter alia, an eight-member Human Rights violation Investigation Commission.

The Maritime Slave Trade: A 21st Century Problem?, Samuel Pyeatt Menefee

ILSA Journal of International & Comparative Law

Whoever, being a citizen or resident of the United States and a member of the crew or ship's company of any foreign vessel engaged in the slave trade, or whoever, being of the crew or ship's company of any vessel owned in whole or in part, or navigated for, or in behalf of, any citizen of the United States...

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

ILSA Journal of International & Comparative Law

This virtual haiku of war comes from a fellow named Josep Sonah, whom a Boston Globe report described as a nineteen-year-old veteran of the Sierra Leone civil war.

A Framework Of Norms: International Human-Rights Law And Sovereignty, Douglass Cassel

Journal Articles

The international legal boundary between states; rights and human rights is not fixed. Long ago, the Permanent Court of International Justice - the judicial arm of the League of Nations and the precursor to the present International Court of Justice - recognized that "the question whether a certain matter is or is not solely within the jurisdiction of a State is an essentially relative question; it depends on the development of international relations." In recent decades international relations concerning both sovereignty and rights have developed quickly. An examination of those rights and the evolving realities of sovereignty are examined.

The Jurisdiction Of The International Criminal Court Over Nationals Of Non-Party States (Conference Remarks), Madeline Morris

ILSA Journal of International & Comparative Law

The Rome Treaty for an International Criminal Court (ICC) provides for the establishment of an international court with jurisdiction over genocide, war crimes, and crimes against humanity.

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

ILSA Journal of International & Comparative Law

As international commerce continues to increase in online volume, so to will disputes arising out of that online commerce.

Comparative Dynamics Of Private Sector Influence On Domestic Trade Policy And Propensity For Enhanced International Cooperation, Robert Bejesky

ILSA Journal of International & Comparative Law

The framework of the international trading system is essentially a struggle between: 1) international cooperation substantiated by the dominant economic premises of comparative advantage, which the adherence to which begets more acceptance of freer international trade, and 2) collective group responses to economic impacts of trade within the restraints of respective political institutions of a country.

2000 Philip C. Jessup, J. Michael Allen Iii, Elizabeth Bosquet, Kristi L. Deason, David R. Pruet

ILSA Journal of International & Comparative Law

The State of Kuraca and the Republic of Senhava have submitted their differences concerning the vaccine trials to the International Court of Justice for resolution through a Special Agreement, in accordance with Article 40(1) of the Statute of the International Court of Justice.

2000 Philip C. Jessup, Alfian Yasrif Kuchit, Sarah Sani, Foo Meng Yeen, Mohd Arif Absul Hamid, Edora Ahmad

ILSA Journal of International & Comparative Law

The Governments of the State of Kuraca and the Republic of Senhava have recognized as compulsory ipsofacto in relation to any other State accepting the same obligation, the jurisdiction of the International Court of Justice in accordance with Article 36, paragraph 2.

The Internet And Public International Law, John M. Rogers

Law Faculty Scholarly Articles

It is perhaps commonplace to observe that recent developments in information technology are revolutionizing most aspects of our lives. Anything that affects our lives so profoundly will, of necessity, have a significant effect on the law. We can expect that the information revolution will have a comparably significant impact on the international system of binding obligations often called public international law. Just what that will be is of course extremely difficult to predict. Compounding that difficulty is the lack of consensus on just what actually amounts to the public international legal system. Scholars and lawyers still debate fundamental questions regarding …

Human Rights And Wrongs In Our Own Backyard: Incorporating International Human Rights Protections Under Domestic Civil Rights Law---A Case Study Of Women In The United States Prisons, Martin A. Geer

Scholarly Works

An urgent human rights crisis at home is under close scrutiny by diverse groups including the United Nations, non-governmental organizations, the U.S. Department of Justice, and public interest lawyers. Within the context of a prison population explosion that dwarfs that of the rest of the world, the undeveloped status of international human rights in U.S. domestic jurisprudence becomes more evident. Within prison populations, increasing numbers of women’s lives are reduced to half-lives under the tortuous effects of sexual abuse by corrections officials. This dire situation presents the question: Can women prisoners continue to be denied the protections of international human …

Meeting The Challenges Of The International Financial Crisis, Jonathan T. Fried

ILSA Journal of International & Comparative Law

I had earlier been invited to focus on the Canadian proposal for enhanced surveillance of international financial systems

Practical Career Advice For Young International Lawyers: How To Build A Killer Resume, Network Effectively, Create Your Own Opportunities, And Live Happily Ever After, Mark E. Wojcik

ILSA Journal of International & Comparative Law

For those who are serious about careers in international law, there are probably too many applicants for too few jobs.

Environmental Law In Third World Countries: Can It Be Enforced By Other Countries?, Pam Slater

ILSA Journal of International & Comparative Law

As Third World countries' develop into more industrialized countries, they face numerous problems relating to their social, economic and political development.

Rwandan Justice And The International Criminal Court, Madeline H. Morris

ILSA Journal of International & Comparative Law

A complex and important feature of the International Criminal Tribunal for Rwanda is its concurrent jurisdiction with national courts

Changes In International Air Cargo: Montreal Protocol No. 4 Attains Force Of Law, Carl W. Christy Jr.

ILSA Journal of International & Comparative Law

On March 4, 1999, the handling of many international air cargo claims arising within the United States changed

Notions Of Equity In (International) Environmental Law: Inter-Generational Equity, Youk-Hyun Sung

LLM Theses and Essays

Equity has a long history. In the first chapter of this thesis, notions of equity in conventional international law will be discussed. It must be more helpful to understand equity based upon the history of the term since the issues relating to equity were raised in quite a few cases in the past. In the second chapter, by discussing environmental equity in the United States, the only remaining superpower and the largest economy in the world, the thesis tries to see the future of equity in international environmental law. Environmental equity issues in the United States are good sources for …

Time To Try Mediation Of International Commercial Disputes, Harold L. Abramson

ILSA Journal of International & Comparative Law

How many attorneys in the audience have ever participated in a domestic mediation? I see the hands of about four out of about a hundred people in attendance. How many attorneys in the audience have ever participated in an international mediation? I see two people raising their hands. This is a larger percentage of people than I had anticipated! (laughter)

Mediation In International Commercial Arbitration: Some Practical Aspects, David W. Plant

ILSA Journal of International & Comparative Law

In international commercial arbitration, some disputes cry out for informal resolution by the parties themselves. In assessing their response, parties, arbitrators and arbital institutions must have in mind fundamental, practical and ethical considerations. This paper addresses some of the practical and provocative issues raised in these circumstances.

Establishment Of An International Criminal Court, Steven J. Gerber

ILSA Journal of International & Comparative Law

It cannot be overemphasized how historic the negotiations to establish a permanent International Criminal Court (ICC) have been. Over 120 states have participated in the process and not one of them questions the need for a permanent ICC to try individuals accused of the most serious international crimes of genocide, crimes against humanity or serious violations of the laws and customs of war (war crimes).

The Permanent International Criminal Court: An Examination Of The Statutory Debate, Michael Bachrach

ILSA Journal of International & Comparative Law

In 1994, the International Law Commission ("ILC") authored a Draft Statute' in an attempt to help establish a permanent International Criminal Court ("ICC").

International Protection Of The Consumer, Javier Alberto Toniollo

ILSA Journal of International & Comparative Law

It is necessary to make some introductory remarks on this matter in which private international law should provide fair solutions. The right of consumers in private law is reflected as a legal microsystem of consumer protection.

Comments In The International Law Association Panel On The Yugoslav Tribunal: November 13, 1998, Theodor Meron

ILSA Journal of International & Comparative Law

I have been asked to assess briefly the track record of the Yugoslav tribunal. I would like to mention three aspects: the tribunal as an institution; the tribunal as a court of law; and, finally, the contribution of the tribunal to deterrence of crimes and to reconciliation between the peoples of the region.

Time To Try Mediation Of International Commercial Disputes, Harold Abramson

Scholarly Works

No abstract provided.

The Wto Legal System: Sources Of Law, David Palmeter, Petros C. Mavroidis

Faculty Scholarship

Modern discussions of the sources of international law usually begin with a reference to Article 38 (1) of the Statute of the International Court of Justice (ICJ), which provides:

The Court, whose function is to decide in accordance with international law such disputes as are submitted to it, shall apply:

1. international conventions, whether general or particular, establishing rules expressly recognized by the contesting states;
2. international custom as evidence of a general practice accepted as law;
3. the general principles of law recognized by civilized nations;
4. subject to the provisions of Article 59, judicial decisions and the teachings of the most highly …