The Icc Prosecutor V. President Medema: Simulated Proceedings Before The International Criminal Court ,
2012
Pepperdine University
The Icc Prosecutor V. President Medema: Simulated Proceedings Before The International Criminal Court , Pieter H. F. Bekker, David Stoelting
Pepperdine Dispute Resolution Law Journal
On July 18, 2000, as part of the Annual Meeting of the American Bar Association, an all star cast of American and English lawyers gathered in the Common Room of the Law Society of England and Wales in London to simulate oral argument before the International Criminal Court ("ICC"). The fictitious proceedings involved a head of state, President Luis Medema, charged with genocide, war crimes and crimes against humanity. The prosecutors and defense counsel engaged in lively oral argument before the Trial Chamber in the context of three critical issues: (1) jurisdiction of the ICC over citizens of non-state parties; …
Filling The Gap Between Morality And Jurisprudence: The Use Of Binding Arbitration To Resolve Claims Of Restitution Regarding Nazi-Stolen Art ,
2012
Pepperdine University
Filling The Gap Between Morality And Jurisprudence: The Use Of Binding Arbitration To Resolve Claims Of Restitution Regarding Nazi-Stolen Art , Rebecca Keim
Pepperdine Dispute Resolution Law Journal
Recognizing the gaps in existing legislation, this article will argue that disputes arising between claimants and museums regarding the repatriation of Nazi-looted artwork should be decided by binding arbitration rather than litigation. To facilitate such arbitration, international law should support the creation of an arbitration commission, which would provide the most efficient and consistent way to resolve claims. Moreover, a neutral forum with clear rules of law and procedure capable of resolving claims would not only be more fair to claimants, but also to museums and personal collectors. This article will first discuss the severity and magnitude of Nazi looting …
Renegotiating Third World Debt ,
2012
Pepperdine University
Renegotiating Third World Debt , Arash S. Arabi
Pepperdine Dispute Resolution Law Journal
The debt crisis facing the Third World is one so severe that it threatens to shatter the economy of countless nations and leaves the future of their lenders in doubt. The only viable solution is to come up with an "alternative" method of dispute resolution to deal with the debt crisis - one that is a cross between arbitration and mediation. A disinterested body should be created to recover some, or if possible, all of the outstanding loans owed to financial institutions, while alleviating the extreme hardships the debt and current debt repayment methods have inflicted. It should be noted, …
Reframing The Dilemma Of Contractually Expanded Judicial Review: Arbitral Appeal Vs. Vacatur ,
2012
Pepperdine University
Reframing The Dilemma Of Contractually Expanded Judicial Review: Arbitral Appeal Vs. Vacatur , Eric Van Ginkel
Pepperdine Dispute Resolution Law Journal
The Federal Arbitration Act ("FAA") of 1925 was created to ensure enforceability of agreements to arbitrate. The FAA is the centerpiece of the federal arbitration policy as construed by the Supreme Court. Section 10(a) FAA enumerates grounds on which an arbitral award can be set aside. The central issue discussed herein is whether parties can agree by contract to allow one of the parties to initiate review of the arbitral award by a court that would otherwise have jurisdiction over those parties, or whether the court's powers are somehow limited to the grounds for vacatur enumerated in Section 10(a) FAA. …
Uncitral Model Law On International Commercial Conciliation: From A Topic Of Possible Discussion To Approval By The General Assembly ,
2012
Pepperdine University
Uncitral Model Law On International Commercial Conciliation: From A Topic Of Possible Discussion To Approval By The General Assembly , Robert N. Dobbins
Pepperdine Dispute Resolution Law Journal
By no means a Pulitzer Prize winner, for those interested enough to inquire, the story of the creation of the Model Law is remarkable. The purpose of this Note is to give a snapshot of how, what began in the shadow of Arbitration as a "possible work topic considered by the Commission . . . Conciliation," in the space of two and one-half years became the Model Law. As a secondary and intentional focus of this note, this author (conceding his own bias) hopes to allow the Secretariat of UNCITRAL to enjoy its well-deserved moment in the spotlight for its …
The Black International Tradition And African American Business In Africa,
2012
North Carolina Central University School of Law
The Black International Tradition And African American Business In Africa, Henry J. Richardson Iii
North Carolina Central Law Review
No abstract provided.
Africa And The International Criminal Court: Collision Course Or Cooperation,
2012
North Carolina Central University School of Law
Africa And The International Criminal Court: Collision Course Or Cooperation, Charles Chernor Jalloh
North Carolina Central Law Review
No abstract provided.
Unsigning The Rome Statute: Examining The Relationship Between The United States And The International Criminal Court,
2012
Bryant University
Unsigning The Rome Statute: Examining The Relationship Between The United States And The International Criminal Court, Allison Naylor
Honors Projects in History and Social Sciences
Presently, 120 states are parties to the Rome Statute establishing the International Criminal Court (ICC). A state that one will not find on the list, however, would be the United States. This project examines the relationship between the International Criminal Court (ICC) and the United States. The United States took part in the negotiating process, signing the Rome Statute under President Bill Clinton, but was not fully satisfied with the agreement reached. Under President Bush, however, the Rome Statute was unsigned. Presently, the United States remains unsigned on the Rome Statute. The relationship between the Court and the United States …
The Paradox Of Impartiality: A Critical Defense Of The International Criminal Tribunal For Rwanda,
2012
University of Miami Law School
The Paradox Of Impartiality: A Critical Defense Of The International Criminal Tribunal For Rwanda, Daniel Koosed
University of Miami International and Comparative Law Review
No abstract provided.
Masthead,
2012
University of Miami Law School
Masthead
University of Miami International and Comparative Law Review
No abstract provided.
International Trademark Protection And Global Public Health: A Just-Compensation Regime For Expropriations And Regulatory Takings,
2012
University of Missouri School of Law
International Trademark Protection And Global Public Health: A Just-Compensation Regime For Expropriations And Regulatory Takings, Sam F. Halabi
Faculty Publications
Lawmakers in developed and developing countries are expanding legal protections for trademarks – words, combinations of colors, signs, letters, numerals, figurative elements and designs meant to convey the origin and quality of firms’ goods or services. The purported rationales underlying trademark protection are promotion of competition and reduction of consumers’ information costs. Trademark law promotes competition by giving trademark holders an incentive to invest in the quality of goods or services and then associate that quality with a relatively easy-to-identify brand, mark or logo. The law punishes private actors who attempt to free-ride on the goodwill built by the trademark …
The Human Right To Water And Sanitation: From Political Commitments To Customary Rule?,
2012
Universidad Andres Bello, Santiago Chile
The Human Right To Water And Sanitation: From Political Commitments To Customary Rule?, Gonzalo Aguilar Cavallo
Pace International Law Review Online Companion
The human right to water and sanitation is not explicitly recognized in the International Bill of Human Rights. Some scholars deny the legal existence of this right. However, over the last three decades, a number of legal recognitions of certain aspects of this right in specific universal and regional human rights treaties have allowed scholars to evidence the existence of the legal right to water and sanitation. In addition, an increasing number of high level international documents and declarations explicitly recognize the existence of this right, as reflected in declarations of the European Union and the General Assembly of the …
The Regulation Of Online Gaming Across Jurisdictions: Success, Standards And Stability,
2012
Bemidji State University
The Regulation Of Online Gaming Across Jurisdictions: Success, Standards And Stability, Peter Nelson
Political Science Theses and Capstones
In 2005 the gaming market was worth an estimated six billion dollars, half of that represented by online gambling revenues. However not all jurisdictions (countries) regulate the industry the same. Some jurisdictions allow the industry to flourish while some go as far as banning the industry all together. I gather data on all 75 global jurisdictions that have some form of online gaming. I analyze which regulations allow the industry to prosper while maintaining quality standards, and which regulations do not work. Preliminary analysis shows that the amount of years a country has allowed online gambling, as well as the …
Private Standardization In Public International Lawmaking,
2012
International Labour Organization
Private Standardization In Public International Lawmaking, Janelle M. Diller
Michigan Journal of International Law
The interplay between market forces and legal compulsion is as old as the Code of Ur-Nammu, yet the financial incentives for social conformity have never been more patent. In what may be its most ambitious effort yet, the International Organization for Standardization (ISO) recently launched the International Standard ISO 26000:2010 (ISO 26000) on social responsibility (SR), a new voluntary standard providing guidance to any organization on good practices in SR.2 ISO 26000 provides wide-ranging guidance on areas of social and environmental conduct that are relevant to public policy and regulation. The single ISO-branded package offers a new product that markets …
Security Council Resolution 1887 And The Quest For Nuclear Disarmament,
2012
University of Michigan Law School
Security Council Resolution 1887 And The Quest For Nuclear Disarmament, Usman Ahmed, Raghav Thapar
Michigan Journal of International Law
Nuclear weapons pose an increased international threat to security in the modem era. Cheap transportation and the opening of national borders for trade have made it easy for nuclear materials to cross national boundaries. Informal networks have sprouted up, facilitating the proliferation and exchange of nuclear materials and the technology required to turn those materials into weapons. Advances in technology have made it easier to enrich uranium, instilling concerns of increased nuclear weapons proliferation. These changes in technology, the development of informal nuclear networks, and lax security in safeguarding weapons by states such as Russia and Pakistan have fueled global …
Nonviolent Law? Linking Nonviolent Social Change And Truth And Reconciliation Commissions,
2012
Oxford College of Emory University
Nonviolent Law? Linking Nonviolent Social Change And Truth And Reconciliation Commissions, James W. Mccarty Iii
West Virginia Law Review
No abstract provided.
A Comparative Analysis Of The Transitional Effect Of Democratic Regime Change On Human Rights Development,
2012
Bemidji State University
A Comparative Analysis Of The Transitional Effect Of Democratic Regime Change On Human Rights Development, Alana Mcelhinney
Political Science Theses and Capstones
It has been a long-standing topic of discussion within the field of political science on the extent to which the establishment of democratic regime characteristics influences the development of human rights. While there is considerable research in the areas of democracy and human rights, what the literature lacks is research towards the growth of democratic regime characteristics being causal to the development of human rights practices. This analysis shows that a transition in democratic regime characteristics is directly linked to the development of human rights. After completing case-study analysis and developing causal theory I take data from the years 1981 …
The Wane In Spain (Of Universal Jurisdiction): Spain's Forgetful Democratic Transition And The Prosecution Of Tyrants,
2012
West Virginia University College of Law
The Wane In Spain (Of Universal Jurisdiction): Spain's Forgetful Democratic Transition And The Prosecution Of Tyrants, James J. Friedberg
West Virginia Law Review
No abstract provided.
The Politics Of The Empowerment Of Women: Mapping Enabling Environments Within Narratives Of Femininity And Power,
2012
William & Mary Law School
The Politics Of The Empowerment Of Women: Mapping Enabling Environments Within Narratives Of Femininity And Power, Jinn Winn Chong
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
Aimed At Protecting Ethnic Groups Or Women? A Look At Forced Pregnancy Under The Rome Statute,
2012
William & Mary Law School
Aimed At Protecting Ethnic Groups Or Women? A Look At Forced Pregnancy Under The Rome Statute, Alyson M. Drake
William & Mary Journal of Race, Gender, and Social Justice
No abstract provided.
