Israel, Palestine, And The Icc,
2010
University of Haifa
Israel, Palestine, And The Icc, Daniel Benoliel, Ronen Perry
Michigan Journal of International Law
In the wake of the Israel-Gaza 2008-09 armed conflict and recently commenced process at the International Criminal Court (ICC), the Court will soon face a major challenge with the potential to determine its degree of judicial independence and overall legitimacy. It may need to decide whether a Palestinian state exists, either for the purposes of the Court itself, or perhaps even in general. The ICC, which currently has 113 member states, has not yet recognized Palestine as a sovereign state or as a member. Moreover, although the ICC potentially has the authority to investigate crimes which fall into its subject-matter …
International & Comparative Law Perspectives: Fall 2010,
2010
George Washington University
International & Comparative Law Perspectives: Fall 2010, Int'l & Comp. Law Program
International & Comparative Law Perspectives
No abstract provided.
The Copenhagen Accord And The Silent Incorporation Of The Polluter Pays Principle In International Climate Law: An Analysis Of Sino-American Diplomacy At Copenhagen And Beyond,
2010
City University of Hong Kong School of Law
The Copenhagen Accord And The Silent Incorporation Of The Polluter Pays Principle In International Climate Law: An Analysis Of Sino-American Diplomacy At Copenhagen And Beyond, Lin Feng, Jason Buhi
Buffalo Environmental Law Journal
No abstract provided.
The Mdgs And The (New) International Economic Order,
2010
University of London
The Mdgs And The (New) International Economic Order, Par Engstrom
Human Rights & Human Welfare
The current economic crisis has indeed had far-reaching consequences beyond the “developed world” where the crisis originated. Yet, significantly, the impact of the crisis on the “developing world” has varied quite considerably. While parts of sub-Saharan Africa may have suffered as a consequence of rising food prices and reduced aid flows, other regions have fared considerably better. It is too early to talk about the decoupling of “frontier markets” (to use investment analyst jargon) from developed markets. Yet the solid performance of most Latin American and Asian economies in recent years raises interesting questions regarding the international economic system and …
Mauritius: An Example Of The Role Of Constitutions In Development,
2010
University of Miami Law School
Mauritius: An Example Of The Role Of Constitutions In Development, Adam Aft, Daniel Sacks
University of Miami International and Comparative Law Review
No abstract provided.
Managed Engagement: The Case Of Castro's Cuba,
2010
University of Miami Law School
Managed Engagement: The Case Of Castro's Cuba, Daniel Fisk, Courtney R. Perez
University of Miami Inter-American Law Review
No abstract provided.
Front Matter And Table Of Contents,
2010
University of Miami Law School
Front Matter And Table Of Contents
University of Miami Inter-American Law Review
No abstract provided.
Big Cola V. Coca-Cola: How A Convenient Store Owner's Complaint Resulted In One Of Mexico's Largest Antitrust Fines,
2010
University of Miami Law School
Big Cola V. Coca-Cola: How A Convenient Store Owner's Complaint Resulted In One Of Mexico's Largest Antitrust Fines, Travis Bennion Olsen
University of Miami Inter-American Law Review
No abstract provided.
What Are They Smoking?! Mexico's Decriminalization Of Small-Scale Drug Possession In The Wake Of A Law Enforcement Failure,
2010
University of Miami Law School
What Are They Smoking?! Mexico's Decriminalization Of Small-Scale Drug Possession In The Wake Of A Law Enforcement Failure, Justin B. Shapiro
University of Miami Inter-American Law Review
No abstract provided.
Comity: Another Nail In The Coffin Of Institutional Homophobia,
2010
University of Miami Law School
Comity: Another Nail In The Coffin Of Institutional Homophobia, Nanci Schanerman
University of Miami Inter-American Law Review
No abstract provided.
El Arbitraje De Inversional En America Del Sur: Propuesta De Creacion De Un Centro Alternativo De Arbitraje De La Estructura Internacional De La Union De Naciones Suramericanas,
2010
University of Miami Law School
El Arbitraje De Inversional En America Del Sur: Propuesta De Creacion De Un Centro Alternativo De Arbitraje De La Estructura Internacional De La Union De Naciones Suramericanas, Euyelit Adriana Moreno-Paredes
University of Miami Inter-American Law Review
No abstract provided.
Private And Public Construction In Modern China,
2010
University of San Diego
Private And Public Construction In Modern China, Gregory M. Stein
San Diego International Law Journal
During the past three decades, real estate development in China has proceeded at an astonishing pace, with much development occurring before China's 2007 adoption of its first modern law of property. Investors thus spent hundreds of billions of dollars in the real estate market of a nation that, during most of this period, had not formal property law. How can a huge nation modernize so rapidly and dramatically when its legal system furnishes such uncertainty? And how can this happen in a nation that still purports to subscribe to socialist ideology? I set out to answer these questions by interviewing …
The Exclusionary Rule In Immigration Proceedings: Where It Was, Where It Is, Where It May Be Going,
2010
University of San Diego
The Exclusionary Rule In Immigration Proceedings: Where It Was, Where It Is, Where It May Be Going, Irene Scharf
San Diego International Law Journal
The piece examines the treatment of the Fourth Amendment in immigration courts by surveying its jurisprudential history in those courts and then analyzes the judicial responses thereto. Disparities among circuit court rulings add to the confusion and unpredictability typical of Immigration Court decisions. Finally, the article discusses the difficulties raised by the divergent circuit court opinions and offers suggestions as to how we may resolve these difficulties in accordance with the Constitution's requirement of fair play.
The Lion Awakens: The Foreign Corrupt Practices Act - 1977 To 2010,
2010
University of San Diego
The Lion Awakens: The Foreign Corrupt Practices Act - 1977 To 2010, Michael B. Bixby
San Diego International Law Journal
This Article discusses the history, purposes and provisions of the Foreign Corrupt Practices Act, and traces its use and enforcement activity from 1977 to the present. This once little-used law has in recent years become the focus of aggressive activity by both the U.S. Department of Justice and the Securities and Exchange Commission. The manuscript also includes numerous charts reporting on key cases and enforcement activities over the last thirty-three years by the DOJ and SEC, as well as other information and statistics regarding the Foreign Corrupt Practices Act.
"Don't Mess With Moscow" - Legal Aspects Of The 2008 Caucasus Conflict,
2010
University of San Diego
"Don't Mess With Moscow" - Legal Aspects Of The 2008 Caucasus Conflict, Hannes Hofmeister
San Diego International Law Journal
This Article deals with a highly topical issue in international law: The Caucasus War of August 2008. This conflict illustrates how international law has become one of the arenas in which contemporary wars are fought. Both Georgia and Russia claimed the mantle of legitimacy in an effort to shape international perceptions of the conflict. But which party to the conflict really acted in accordance with international law? In order to answer this complex question, this Article will proceed as follows: It will first reconstruct the course of events that led to the outbreak of war. Having done so, it will …
Two Paths To Judicial Power: The Basic Structure Doctrine And Public Interest Litigation In Comparative Perspective,
2010
University of San Diego
Two Paths To Judicial Power: The Basic Structure Doctrine And Public Interest Litigation In Comparative Perspective, Manoj Mate
San Diego International Law Journal
This Article analyzes two key critical moments in the empowerment of the Supreme Court of India--the assertion of the basic structure doctrine, in which the Court asserted that constitutional amendments may be held unconstitutional on substantive grounds, and the development of the Public Interest Litigation (PIL) regime, through which the Court sought to protect and promote the rule of law and assume an expanded role in governance. I argue, in this article, that these two moments are exemplars of two types of moments that capture distinct aspects of the role of courts in different polities--"constitutional entrenchment" and "judicialization of governance" …
The Vulnerability Of Subsea Infrastructure To Underwater Attack: Legal Shortcomings And The Way Forward,
2010
University of San Diego
The Vulnerability Of Subsea Infrastructure To Underwater Attack: Legal Shortcomings And The Way Forward, Laurence Reza Wrathall
San Diego International Law Journal
This Article explores the vulnerability of submarine pipelines and cables to underwater subterfuge beyond territorial waters, particularly with regards to the emerging threat posed by unmanned vehicles in executing such mal intent. Next, it describes the legal status of this critical infrastructure before identifying shortcomings in legal protection from underwater attack. Finally, potential solutions are offered for the way forward.
Providing Legal Certainty In South America: Can Mercosur Help?,
2010
Universidad del Rosario Law School
Providing Legal Certainty In South America: Can Mercosur Help?, Camilo A. Rodriguez Yong
Pace International Law Review Online Companion
The presence of legal certainty within a country’s legal system is a very relevant factor in the foreign investor’s decision to invest in a particular country. It is therefore necessary for countries to develop mechanisms for avoiding or reducing the uncertainty over the law in their legal systems. This article studies the Southern Common Market’s (“MERCOSUR”) structure and function with the purpose of assessing it as a mechanism to offer legal certainty to foreign investors in the region. The analysis is carried out by examining three basic elements of this regional integrationist experience: a) its body of law, b) its …
Mdg: Reinvigoration Or Mourning?,
2010
St. Thomas University
Mdg: Reinvigoration Or Mourning?, Marc Alexander C. Gionet
Human Rights & Human Welfare
The United Nations Millennium Development Goals Summit got underway on September 20th in New York. Opening speeches seemed to be a roster of who’s – who of contributors towards global poverty with the IMF and WTO leading the pack. As speeches progressed, a disturbing trend developed which romanticized the pre-recessionary period of progress towards MDG achievement and reducing world poverty.
Development As Power,
2010
University of California, Santa Barbara
Development As Power, Alison Brysk
Human Rights & Human Welfare
While material progress towards the Millennium Development Goals is laudable, and pledges of new resources are necessary, we can never fully address poverty without talking about power. As Amartya Sen pointed out, true development depends on freedom.
