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Reasonable Grounds Evidence Involving Sexual Violence In Darfur (With J. Hagan & R. Brooks), Todd Haugh 2010 IIT Chicago-Kent College of Law

Reasonable Grounds Evidence Involving Sexual Violence In Darfur (With J. Hagan & R. Brooks), Todd Haugh

All Faculty Scholarship

No abstract provided.


The Relevance Of International Law To The Domestic Decision On Prosecutions For Past Torture, Bartram Brown 2010 IIT Chicago-Kent College of Law

The Relevance Of International Law To The Domestic Decision On Prosecutions For Past Torture, Bartram Brown

All Faculty Scholarship

The US, as a champion of human rights abroad, has often been skeptical and even critical when other states have granted de facto amnesty allowing impunity for gross violations of human rights. Nonetheless, some now argue that the US should turn a blind eye to the evidence indicating that under the Bush Administration US government officials formulated and implemented a policy of torture. Naturally, arguments about US national security have been central to the debate. The CIA’s own reports insist that enhanced interrogation techniques have been effective in yielding valuable information vital to the national security of the United States, …


Neither Victims Nor Executioners: The Dilemma Of Victim Participation And The Defendant's Right To A Fair Trial At The Ineternational Criminal Court, Scott T. Johnson 2010 Nova Southeastern University

Neither Victims Nor Executioners: The Dilemma Of Victim Participation And The Defendant's Right To A Fair Trial At The Ineternational Criminal Court, Scott T. Johnson

ILSA Journal of International & Comparative Law

My talk today analyzes victims' [articipation from the defendant's perspective and its impact upon the right to a fair trial at the International Criminal Court (ICC).


Comparacion Historica Y Contemporanea De Los Esfuerzos Legales De Brasil Y Los Estados Unidos Para Acorralar La Piratedria De Musica Digital Y Software P2p, Nolan Garrido 2010 Nova Southeastern University

Comparacion Historica Y Contemporanea De Los Esfuerzos Legales De Brasil Y Los Estados Unidos Para Acorralar La Piratedria De Musica Digital Y Software P2p, Nolan Garrido

ILSA Journal of International & Comparative Law

Hoy en dia las compras legales de mfisica en linea han subido notablemente.


Climate Change And Developing Countries: The International Law Perspective, Ved P. Nanda 2010 Nova Southeastern University

Climate Change And Developing Countries: The International Law Perspective, Ved P. Nanda

ILSA Journal of International & Comparative Law

A broad scientific consensus exists that climate change is real and the amount and rate of change have accelerated; the only uncertainty is about the political will of the international community to take effective measures to combat it.


Crimes Against Humanity Draft Bill Of 2009: The International Umplications Of Addressing Impunity Through National Legislation, Hansdeep Singh 2010 Nova Southeastern University

Crimes Against Humanity Draft Bill Of 2009: The International Umplications Of Addressing Impunity Through National Legislation, Hansdeep Singh

ILSA Journal of International & Comparative Law

U.S. scholars have long been calling for domestic legislation addressing crimes against humanity.'


The Crisis: Libertas And Veritas, Eric Engle 2010 Nova Southeastern University

The Crisis: Libertas And Veritas, Eric Engle

ILSA Journal of International & Comparative Law

The world today finds itself in a recession. The global recession was caused by unsustainable borrowing provoked by the self destructive and incoherent "war on terror" in concert with irresponsible bank lending-bad debt.


From Beggars To Citizens: The Right To Nondiscrimination In Admission Into Commercial Establishments In Guatemala, Najman Alexander Aizenstatd Leistenschneider 2010 Nova Southeastern University

From Beggars To Citizens: The Right To Nondiscrimination In Admission Into Commercial Establishments In Guatemala, Najman Alexander Aizenstatd Leistenschneider

ILSA Journal of International & Comparative Law

The denial of access to individuals into commercial establishments for arbitrary reasons is a common occurrence.


The Evolution Of Anti-Slavery Laws In The United States, Regina Bernadin 2010 Nova Southeastern University

The Evolution Of Anti-Slavery Laws In The United States, Regina Bernadin

ILSA Journal of International & Comparative Law

In this new century, the United States of America is still struggling to end slavery within its borders.


A Human Rights Framework For Corporate Accountability, Jeanne M. Woods 2010 Nova Southeastern University

A Human Rights Framework For Corporate Accountability, Jeanne M. Woods

ILSA Journal of International & Comparative Law

The ongoing controversy over corporate liability for human rights violations' seems counterintuitive today, in an era characterized by the unprecedented expansion of both rights instruments and global commercial intercourse.


International Migration: Trends, Challenges, And Need For Cooperation Within An International Human Rights Framework, Ved P. Nanda 2010 Nova Southeastern University

International Migration: Trends, Challenges, And Need For Cooperation Within An International Human Rights Framework, Ved P. Nanda

ILSA Journal of International & Comparative Law

International migration is a growing phenomenon with the estimated number of international migrants worldwide currently at 214 million


A "Re-Visioned" Foreign Direct Investment Approach From An Emerging Country Perspective: Moving From A Vicious Circle To A Virtuous Cycle, Rumu Sarkar 2010 Nova Southeastern University

A "Re-Visioned" Foreign Direct Investment Approach From An Emerging Country Perspective: Moving From A Vicious Circle To A Virtuous Cycle, Rumu Sarkar

ILSA Journal of International & Comparative Law

This Critical Essay sets forth and expands upon remarks presented at the International Law Weekend 2010 in New York, New York, which constitutes the annual meeting of the American Branch of the International Law Association (ABILA)


The Legal Integration Of The American Continent: An Invitation To Legal Science To Build A New Ius Commune, Juan Pablo Pampillo Balino 2010 Nova Southeastern University

The Legal Integration Of The American Continent: An Invitation To Legal Science To Build A New Ius Commune, Juan Pablo Pampillo Balino

ILSA Journal of International & Comparative Law

The legal integration of the American Continent is one of the most important, suggestive and fertile issues for legal scholars on our continent.,


Tortured Law/Tortured "Justice"-Joint Criminal Enterprise In The Case Of Aloys Simba, Beth S. Lyons 2010 Nova Southeastern University

Tortured Law/Tortured "Justice"-Joint Criminal Enterprise In The Case Of Aloys Simba, Beth S. Lyons

ILSA Journal of International & Comparative Law

Joint criminal enterprise (JCE)-a judicially interpreted doctrine'- has become a "hallmark" mode of liability at the international Tribunals.


The Moon Agreement And Private Enterprise: Lessons From Investment Law, Timothy G. Nelson 2010 Nova Southeastern University

The Moon Agreement And Private Enterprise: Lessons From Investment Law, Timothy G. Nelson

ILSA Journal of International & Comparative Law

The year 2009 marked two events of interest to those with an interest in lunar exploration.


Introduction: The New Collective Security, Peter G. Danchin, Horst Fischer 2010 University of Maryland School of Law

Introduction: The New Collective Security, Peter G. Danchin, Horst Fischer

Faculty Scholarship

Whether viewed as a socio-legal project gently civilizing states away from an older politics of diplomacy, deterrence, self-help and legitimate warfare, or as an institutional project establishing a collective security system premised on the rule of law, the primary purpose of the United Nations today remains the maintenance of international peace and security and the abolition of the “scourge of war.” In March 2003, the U.S. and its allies invaded Iraq, a member State of the United Nations, in order to disarm it and change the regime of Saddam Hussein. The war shook the United Nations and leading capitals around …


Things Fall Apart: The Concept Of Collective Security In International Law, Peter G. Danchin 2010 University of Maryland School of Law

Things Fall Apart: The Concept Of Collective Security In International Law, Peter G. Danchin

Faculty Scholarship

This chapter provides an introduction to the analytical and historical aspects of the concept of collective security in international law. Taking the examples of Italy’s invasion of Ethiopia in 1935 during the League of Nations and the complaint brought by Hyderabad against India at the very inception of the United Nations in 1948, the chapter traces the complex dialectics of normativity and concreteness in debates concerning collective security. Mirroring the normative and institutional dilemmas underlying the two cases of Ethiopia and Hyderabad, it is observed that the questions of “external threats” (the threat or use of force between States) and …


A No-Excuse Approach To Transitional Justice: Reparations As Tools Of Extraordinary Justice, David C. Gray 2010 University of Maryland School of Law

A No-Excuse Approach To Transitional Justice: Reparations As Tools Of Extraordinary Justice, David C. Gray

Faculty Scholarship

It is sometimes the case that a debate goes off the rails so early that riders assume the rough country around them is the natural backdrop for their travels. That is certainly true in the debate over reparations in transitions to democracy. Reparations traditionally are understood as material or symbolic awards to victims of an abusive regime granted outside of a legal process. While some reparations claims succeed—such as those made by Americans of Japanese decent interned during World War II and those made by European Jews against Germany after World War II—most do not. The principal culprits in these …


Tensions Between International Law And Domestic Responsibilities, Maxwell O. Chibundu 2010 University of Maryland School of Law

Tensions Between International Law And Domestic Responsibilities, Maxwell O. Chibundu

Faculty Scholarship

No abstract provided.


Assessing The High-Level Panel Report: Rethinking The Causes And Consequences Of Threats To Collective Security, Maxwell O. Chibundu 2010 University of Maryland School of Law

Assessing The High-Level Panel Report: Rethinking The Causes And Consequences Of Threats To Collective Security, Maxwell O. Chibundu

Faculty Scholarship

This is a contribution to a volume of essays anchored in the evaluations of proposed reforms of the United Nations system extant in the middle half of the last decade. The essay’s focus is primarily on the role of the Security Council as the provider of collective security within the system. It contends that the term “collective security” has become far too amorphous and too all-embracing to be useful, and that it runs the risk of distorting the proper allocation of power within the international system. It argues for a more circumscribed view of collective security, and for a less …


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