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61. International Trade Law in US Courts

Author:
Saadia M. Pekkanen
Publication Date:
10-2004
Content Type:
Working Paper
Institution:
Center for International Studies, University of Southern California
Abstract:
This paper seeks to assess the relationship between international trade law and national courts, a topic that remains surprisingly unexplored by legal scholars let alone other disciplines. Three interrelated questions motivate this study. First, how has international trade law been treated by national courts? Second, what might account for that treatment? Third, what possible predictions and implications can we draw from such an analysis with respect to the diffusion of international trade law in domestic societies?
Topic:
Government, International Law, and International Trade and Finance
Political Geography:
United States and North America

62. Law Watch - Detainees: Supreme Court Guantanamo Decision

Author:
Steven C. Welsh
Publication Date:
06-2004
Content Type:
Working Paper
Institution:
Center for Defense Information
Abstract:
With a decision notably brief for the mountain of argument leading up to it, the U.S. Supreme Court in Rasul v. Bush held on June 28, 2004, that foreign nationals imprisoned without charge at the Guantanamo Bay interrogation camps were entitled to bring legal action challenging their captivity in U.S. federal civilian courts.
Topic:
Foreign Policy, Human Rights, International Law, and Terrorism
Political Geography:
United States

63. Living with the Megapower - Implications of the War on Terrorism: A report on the series of consultations held at Chatham House July 2002-July 2003

Publication Date:
09-2003
Content Type:
Working Paper
Institution:
Chatham House
Abstract:
Shortly after the attacks on the United States on 11 September 2001, research staff at Chatham House held a meeting to consider how the Institute should respond. The immediate reaction had involved a special issue of The World To day, published in October 2001, and researchers had given numerous media interviews and commentaries, but there was a strong feeling that '9/11', as it soon came to be called, demanded a more measured and analytical response .
Topic:
Security, Foreign Policy, Agriculture, Diplomacy, International Cooperation, International Law, and Terrorism
Political Geography:
United States

64. Missile Defense in Asia

Author:
Walter B. Slocombe, C. Richard Nelson, Michael P.C. Carns, and Jacques S. Gansler
Publication Date:
06-2003
Content Type:
Policy Brief
Institution:
Atlantic Council
Abstract:
The prospect of North Korea developing both nuclear weapons and long–range missiles has been at the core of the U.S. rationale for early deployment of a missile defense and of Japan's interest in defense for itself. In the face of North Korea's missile programs and its acknowledgement of an active program to develop nuclear weapons, the problem of defense against those weapons assumes new urgency — as does the question of how defenses affect the broader dynamic of security in Northeast Asia.
Topic:
Security and International Law
Political Geography:
United States, Japan, Asia, and North Korea

65. Postmodern Power and Transnational Policing: Democracy, the Constabulary Ethic and the Response to Global (In)Security

Author:
James Sheptycki
Publication Date:
04-2002
Content Type:
Working Paper
Institution:
Geneva Centre for Security Sector Governance (DCAF)
Abstract:
This paper argues that democratic control of policing, transnational and otherwise, is problematic in the contemporary period because of the nature of the postmodern power system. It describes the parameters of the policing field and notes that its separate sectors have different ways of being accountable to different sets of interests. Further is describes the transnational policing regime as a global polycentric power system and argues that there is no point from which the policing field could be governed. The paper then describes policing at the 'hard edge of postmodernity' showing what is at stake. The paper advances a normative conception termed the 'constabulary ethic' and argues that this might provide a moral compass for the nascent transnational subculture of policing. The minimum social conditions necessary for the emergence of the constabulary ethic are described and the principles that provides its 'normative glue' are elucidated. The paper ends by citing some practical examples where something like the constabulary ethic has been achieved.
Topic:
Security, Democratization, Globalization, and International Law
Political Geography:
United States

66. Italian Legal Framework

Author:
Federico Casolari
Publication Date:
06-2002
Content Type:
Working Paper
Institution:
Istituto Affari Internazionali
Abstract:
On 1 April 2001 the first conventions between European Community and third Countries on the single currency entered into force. The agreements in question, as already mentioned, are the Monetary Agreement between the Italian Republic (I.R.), on behalf of the European Community, and the Republic of San Marino (29 November 2000), and the Monetary Agreement between I.R., on behalf of the European Community, and the Vatican City (29 December 2000).
Topic:
International Law and Treaties and Agreements
Political Geography:
United States and Europe

67. The Current Status of the Principle Prohibiting the Use of Force and Legal Justifications of the Use of Force

Author:
Natalino Ronzitti
Publication Date:
03-2002
Content Type:
Working Paper
Institution:
Istituto Affari Internazionali
Abstract:
The UN Charter contains both the principle prohibiting the use of force and exceptions to it. These rules concern individual States. Collective security falls within the competence of the United Nations, and individual States, as a rule, cannot act in the name of collective security.
Topic:
Security, Defense Policy, and International Law
Political Geography:
United States

68. From Promise to Practice: Strengthening UN Capacities for the Prevention of Violent Conflict

Author:
Chandra Lekha Sriram
Publication Date:
01-2002
Content Type:
Working Paper
Institution:
International Peace Institute
Abstract:
In the fall of 2000, the International Peace Academy commissioned a series of nine case studies examining the practice of preventive action. This study builds on earlier work by IPA identifying important issues for further examination in preventive practice. The cases examined were representative of the broad and increasing scope of preventive action geographically and in terms of approaches deployed—from structural prevention to post conflict peacebuilding as prevention. These cases were Kenya, Fiji, Tanzania (Zanzibar), Tajikistan, Burundi, Georgia (Javakheti), East Timor, Liberia, and Colombia. The cases are being edited and compiled for publication in a subsequent book; this report seeks to draw out central policy lessons for preventive action by the United Nations (UN). Important lessons can be drawn out with implications for each specific situation; more cross-cutting lessons for the UN and other preventive actors can also be derived from the collected cases.
Topic:
Conflict Resolution, Human Rights, International Law, International Organization, Migration, and United Nations
Political Geography:
United States

69. A Year of Loss: Reexamining Civil Liberties since September 11

Publication Date:
08-2002
Content Type:
Working Paper
Institution:
Human Rights First
Abstract:
On the morning of September 11, men now believed to be members of the al Qaeda network forcibly took control of four commercial jetliners to attack the United States. Within minutes, 19 hijackers crashed two of those planes into the Twin Towers of the World Trade Center, one into the Pentagon, and a fourth into a field in Pennsylvania, killing more than 3,000 people.
Topic:
Human Rights, International Law, and National Security
Political Geography:
United States and Pennsylvania

70. The Dominican Republic's 2000 Presidential Election: The U.S. Role in Supporting the Process

Author:
Kevin Michael O'Reilly
Publication Date:
04-2002
Content Type:
Working Paper
Institution:
The North-South Center, University of Miami
Abstract:
Dominicans elected Rafael Hipólito Mejía Domínguez their president on May 16, 2000. He took office on August 16, 2000. Mejía, the candidate of the Dominican Revolutionary Party (Partido Revolucionario Dominicano — PRD), won 1,593,231 votes or 49.87 percent of the ballots cast in an essentially three-way race with Danilo Medina of the Party of Dominican Liberation (Partido de la Liberación Dominicana — PLD) and former President Joaquín Balaguer of the Social Christian Reformist Party (Partido Reformista Social Cristiano — PRSC). Medina won 24.94 percent of the vote (796,923) to finish second, with Balaguer only fractions of a percentage point behind, at 24.60 percent (785,926). Turnout, at just over 76 percent, was high by historical standards. Although two shooting deaths marred the campaign's closing days, relatively little violence accompanied the voting compared to previous Dominican elections. Since 1994, Dominican electoral law had called for a runoff between the top two vote winners if no candidate passed the 50-percent-plus-one mark, but Medina conceded on May 17, after Balaguer acknowledged that he could not deliver the entire PRSC vote to the PLD in a second round of voting. Balaguer announced, “For the good of the country, we waive our right to participate in a second round.” The country's Central Electoral Board (Junta Central Electoral — JCE) certified Mejía's victory on May 18, 2000.
Topic:
Government, Human Rights, and International Law
Political Geography:
United States, Latin America, and Caribbean