Protecting The Protectors Or Victimizing The Victims Anew? "Material Support Of Terrorism" And Exclusion From Refugee Status In U.S. And European Courts,
2012
Nova Southeastern University
Protecting The Protectors Or Victimizing The Victims Anew? "Material Support Of Terrorism" And Exclusion From Refugee Status In U.S. And European Courts, Tom Syring
ILSA Journal of International & Comparative Law
In recent years, the United States (U.S.) as well as European states have adopted numerous anti-terrorism laws based on concerns for national security, aimed at keeping persons with connections to terrorist networks out of the respective countries, or facilitating the forced return to their country of origin.
Property Of Self-Defense Targetings Of Members Of Al Qaeda And Applicable Principles Of Distinction And Proportionality,
2012
Nova Southeastern University
Property Of Self-Defense Targetings Of Members Of Al Qaeda And Applicable Principles Of Distinction And Proportionality, Jordan J. Paust
ILSA Journal of International & Comparative Law
The United States has engaged in the targeted killing of certain members of al Qaeda both within the theatre of an actual war in Afghanistan and parts of Pakistan, and outside the theatre of war as a matter of self-defense in areas such as Yemen, including the killing of United States national Anwar al-Awlaki in Yemen on September 30, 2011.'
Water Adequacy As An Essential Element For Empowering People,
2012
Nova Southeastern University
Water Adequacy As An Essential Element For Empowering People, Nan Palmer, Ph.D.
ILSA Journal of International & Comparative Law
"Water is essential for life."' Safe drinking water is so imperative that without it human beings can only survive for just two to four days; even less if compromised by ill health, heat, and other impinging conditions.
Facebook Frenzy Around The World: The Different Implications Facebook Has On Law Students, Lawyers, And Judges,
2012
Nova Southeastern University
Facebook Frenzy Around The World: The Different Implications Facebook Has On Law Students, Lawyers, And Judges, Tal Harari
ILSA Journal of International & Comparative Law
Over the last decade the use of social networking sites has swept the nation by providing users with the ability to "interact, connect, reconnect, communicate, and collaborate in various ways-such as through audio, words, pictures, or video-with friends, family, acquaintances, professional colleagues, and others."'
The Trillion- Dollar Question: Can Greece Be Saved?,
2012
Nova Southeastern University
The Trillion- Dollar Question: Can Greece Be Saved?, Dominique Venetsanopoulos
ILSA Journal of International & Comparative Law
What was once called the cradle of Western civilization is now known as the cradle of crisis.
Water, Workship, And Wisdom: Indigenous Traditional Ecological Knowledge And The Human Right To Water,
2012
Nova Southeastern University
Water, Workship, And Wisdom: Indigenous Traditional Ecological Knowledge And The Human Right To Water, Rhett B. Larson
ILSA Journal of International & Comparative Law
Water is used in ceremonies or as a symbol in nearly every religious community.
The 2012 Philip C. Jessup Internaional Law Moot Court Competition,
2012
Nova Southeastern University
The 2012 Philip C. Jessup Internaional Law Moot Court Competition, The Republic Of Aprophe, The Federal Republic Of Rantania
ILSA Journal of International & Comparative Law
On behalf of the Republic of Aprophe ("the Applicant") and the Federal Republic of Rantania ("the Respondent"), in accordance with Article 40(1) of the Statute of the International Court of Justice, we have the honor to transmit to you an original of the Compromis for submission to the International Court of Justice of the Differences between the Applicant and the Respondent concerning the Mai-Tocao Temple, signed in The Hague, The Netherlands, on the twelfth day of September in the year two thousand eleven.
The 2012 Philip C. Jessup Internaional Law Moot Court Competition,
2012
Nova Southeastern University
The 2012 Philip C. Jessup Internaional Law Moot Court Competition, The Republic Of Aprophe, The Federal Republic Of Rantania
ILSA Journal of International & Comparative Law
The present dispute concerns the Mai-Tacao Temple ["the Temple"] complex, located on the border of the parties to these proceedings, the Republic of Aprophe ["Aprophe"], the Applicant in these proceedings, and the Federal Republic of Rantania ["Rantania"], the Respondent.
The 2012 Philip C. Jessup Internaional Law Moot Court Competition,
2012
Nova Southeastern University
The 2012 Philip C. Jessup Internaional Law Moot Court Competition, The Republic Of Aprophe, The Federal Republic Of Rantania
ILSA Journal of International & Comparative Law
The Republic of Aprophe ("Aprophe") and the Federal Republic of Rantania ("Rantania") hereby submit the present dispute to the International Court of Justice ("I.C.J.") pursuant to Article 40(1) of the Court's Statute, in accordance with the Compromis for submission to the I.C.J. of the differences concerning the Mai-Tocao Temple, signed in The Hague, The Netherlands, on the twelfth day of September in the year two thousand and eleven. Both States have accepted the jurisdiction of this Court pursuant to Article 36(1) of its Statute and Article XXV of the Peace Agreement of 1965.
Stare Decisis And Foreign Affairs,
2012
University of Maryland School of Law
Stare Decisis And Foreign Affairs, Michael P. Van Alstine
Faculty Scholarship
This article examines whether the jurisprudential and institutional premises of the doctrine of stare decisis retain their validity in the field of foreign affairs. The proper role of the judicial branch in foreign affairs has provoked substantial scholarly debates—historical, institutional, normative—since the very founding of the republic. Precisely because of the sensitivity of the subject, the Supreme Court itself has both cautioned about the judicial branch’s comparative lack of expertise in the field and recognized a web of deference doctrines designed to protect against improvident judicial action. Notwithstanding all of this, however, neither the Supreme Court nor any scholar has …
The Emergence Of The New Chinese Banking System: Implications For Global Politics And The Future Of Financial Reform,
2012
University of Maryland Francis King Carey School of Law
The Emergence Of The New Chinese Banking System: Implications For Global Politics And The Future Of Financial Reform, Shruti Rana
Faculty Scholarship
As the current financial crisis spreads from country to country around the world, China’s new-found financial and political power is dominating global, financial, and political arenas. China’s recent rise to power deserves increased scrutiny as China’s experience may offer lessons and models for other countries struggling with financial chaos. These remarks begin a dialogue over the lessons that can be learned from China’ ascent to power, and considers some of implications of China’s rise. It also contrasts China’s experience with that of Western countries, who have approached financial reform from entirely different perspectives. After considering these perspectives, and providing an …
Treaty Double Jeopardy: The Oecd Anti-Bribery Convention And The Fcpa,
2012
University of Maryland Francis King Carey School of Law
Treaty Double Jeopardy: The Oecd Anti-Bribery Convention And The Fcpa, Michael P. Van Alstine
Faculty Scholarship
This article explores the possibility of "double jeopardy" protection arising from an international treaty. In specific, it examines whether, either as a matter of general principle or from the treaty's express provisions, the OECD Convention on Combatting Bribery of Foreign Public Officials protects a defendant from multiple or successive prosecutions under our domestic Foreign Corrupt Practices Act.
The Tangled Law And Politics Of Religious Freedom,
2012
University of Maryland Francis King Carey School of Law
The Tangled Law And Politics Of Religious Freedom, Peter G. Danchin
Faculty Scholarship
This symposium Essay comments on four interrelated themes regarding the right to religious liberty in international law that emerge from Seval Yildirim's article Global Tangles: Laws, Headcoverings and Religious Identity, 10 SANTA CLARA J. INT’L L. 52 (2012). The first is the paradoxical language of freedom in struggles over attempts to proscribe the wearing of the hijab, especially regarding the principles of gender equality and women’s rights. The second is the apparent comfort that governance feminism exhibits with the state imposition of new (presumably woman liberationist) norms and how institutions such as courts may act not only as …
Sealand, Havenco, And The Rule Of Law,
2012
University of Maryland Francis King Carey School of Law
Sealand, Havenco, And The Rule Of Law, James Grimmelmann
Faculty Scholarship
In 2000, a group of American entrepreneurs moved to a former World War II anti-aircraft platform in the North Sea, seven miles off the British coast, and launched HavenCo, one of the strangest start-ups in Internet history. A former pirate radio broadcaster, Roy Bates, had occupied the platform in the 1960s, moved his family aboard, and declared it to be the sovereign Principality of Sealand. HavenCo's founders were opposed to governmental censorship and control of the Internet; by putting computer servers on Sealand, they planned to create a "data haven" for unpopular speech, safely beyond the reach of any other …
Taiwan's 2012 Presidential/Vice Presidential And Legislative Elections: Assessing Current Politics And Charting The Future,
2012
University of Maryland Francis King Carey School of Law
Taiwan's 2012 Presidential/Vice Presidential And Legislative Elections: Assessing Current Politics And Charting The Future, John F. Copper
Maryland Series in Contemporary Asian Studies
No abstract provided.
The State Of Play On International Piracy And Anti-Counterfeiting Strategies,
2012
University of Maryland Francis King Carey School of Law
The State Of Play On International Piracy And Anti-Counterfeiting Strategies, Andy Y. Sun
Maryland Series in Contemporary Asian Studies
No abstract provided.
Insider Trading In China: Compared With Cases In The United States,
2012
University of Maryland Francis King Carey School of Law
Insider Trading In China: Compared With Cases In The United States, Greg Tzu Jan Yang
Maryland Series in Contemporary Asian Studies
No abstract provided.
The Chinese Are The Worst?: Human Rights And Labor Practices In Zambian Mining,
2012
University of Maryland Francis King Carey School of Law
The Chinese Are The Worst?: Human Rights And Labor Practices In Zambian Mining, Barry Sautman, Hairong Yan
Maryland Series in Contemporary Asian Studies
No abstract provided.
Remarks On The Arab Spring Symposium, Fall 2012 - Prof. Charles Schmitz,
2012
Towson University
Remarks On The Arab Spring Symposium, Fall 2012 - Prof. Charles Schmitz, Charles Schmitz
University of Baltimore Journal of International Law
Dr. Schmitz discusses America's foreign policy strategies for "revolutions" versus "rebellions," especially looking at Yemen.
“Injustice Anywhere Is A Threat To Justice Everywhere” Internal Vs. International Armed Conflicts: Should The Distinction Be Eliminated?,
2012
University of Baltimore School of Law
“Injustice Anywhere Is A Threat To Justice Everywhere” Internal Vs. International Armed Conflicts: Should The Distinction Be Eliminated?, Laura Chafey
University of Baltimore Journal of International Law
This article discusses international humanitarian law, particularly the Geneva Conventions and its Additional Protocols. It analyzes the rights of protected persons under the Geneva Conventions, such as prisoners of war and civilians, as well as the obligations of States during armed conflicts. Furthermore, the article points out the flaws in the Geneva Conventions, such as the discrepancy between the obligations of States during an international armed conflict vs. during an internal armed conflicts. It argues that this distinction between international and internal armed conflicts should be eliminated and that States’ obligations should be the same for both conflicts.
