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    Who Is Indigenous?: Indigenous Rights Globally, in Africa, and Among the San in Botswana

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    Golan v. Gonzales: Capitalizing on Eldred’s Defeat

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    The European Court of Human Rights— Reflections of a Past President

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    Re-thinking Trade and Human Rights

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    Why Some Developing Countries Are Better Placed Than the International Monetary Fund To Develop Policy Responses to the Challenges of Global Capital

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    The International Monetary Fund’s track record on developing policy to govern theinteraction of developing countries and global capital is not strong. Argentina was an IMF posterchild throughout the 1990s. Its economy imploded in 2001. The Brady Plan provided a resolutionfor the Latin American debt crisis of the 1980s. Yet the Plan was conceived not by the IMF, but byBrazil and Mexico. Chile successfully charted its own course through the turbulent 1990s with theadroit use of home-grown capital controls. Likewise, Malaysia charted its own course out of the1997 Asian crisis more advantageously than nations that implemented IMF programs and withpolicies the IMF vehemently opposed. The lesson is that developing nations need to develop theirown innovative solutions to the challenges of global capital and are often better placed to do sothan the IMF

    Maritime Terrorism, the Straits of Malacca, and the Issue of State Responsibility

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    Apart from traditional piracy, maritime terrorist attacks may also occur in the Straits ofMalacca. There have been accusations that the littoral states are not doing enough to preventpossible maritime terrorist attacks by not accepting the offer of extraregional forces, and hence,may be held responsible under international law for damage resulting from maritime terroristattacks. The present Article examines the concept of “attributability” under the law of stateresponsibility and establishes that in the absence of any other ground of attributability, theresponsibility of a state under international law to suppress maritime terrorism is not absolute. Astate is required only to exercise good faith due diligence. This Article argues that the littoral stateshave not breached their due diligence obligation, because they have stepped up coordinatedmeasures, in accordance with the Jakarta Statement, to combat maritime terrorism in the Straits ofMalacca. The Article concludes that maritime terrorism can be handled by balancing the interestsof the littoral states and user states, while respecting the sovereignty of the littoral states andaccepting the idea of burden sharing

    The Status of Care, Support, and Social Reintegration of Trafficked Persons in Nepal, as of December 2005

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    Rreshpja v. Gonzales: The Sixth Circuit’s Failure To Consider Gender’s Place in Asylum Claims

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    Revising Our Laws on the Maritime Slave Trade

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    Slavery and the slave trade continue to exist in our time. ThisArticle evaluates and considers the relevance of U.S. laws concerning themaritime slave trade and how they might usefully be adapted to twentyfirstcentury situations. There are three potential areas in which revisedmaritime slave trade legislation would be of use: (1) in curbing the remnants of the classic slave trade, (2) in helping disrupt the organizedsmuggling of refugees, and (3) in providing jurisdiction over maritimehostage situations involving vessel passengers or crew

    The Waning Power of Shared Sovereignty in International Law: The Evolving Effect of U.S. Hegemony

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