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The Challenges of European Union Foreign and Security Policy: Retrospective and Prospective
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Decennial Déjà Vu: Reassessing a Nuclear North Korea on the 1995 Supply Agreement’s Ten-Year Anniversary
Get PDFTen years ago, North Korea, in exchange for promises of security and economic aid, agreedto remain a party to the Treaty on the Non-Proliferation of Nuclear Weapons (NPT) and suspend itsnuclear weapons program. Today, North Korea has withdrawn from the NPT, has removedInternational Atomic Energy Agency inspectors, and is flaunting its development of a nucleararsenal.Although the political grounds are clear, the United States has failed to provide a coherentlegal rationale for its decision not to perform its obligations under the 1995 Supply Agreement, thecompromise that defused the 1994 crisis.Part II of this Article summarizes the history and politics behind the current stalemate. PartIII surveys and assesses several legal justifications for the United States’ refusal to proceed with theSupply Agreement. Ultimately, I advocate for the Supply Agreement’s “discontinuedperformance.” This approach would accommodate the need for flexible policy-making withoutsacrificing fundamental tenets of international law
The International Criminal Court and Discretionary Evidential Exclusion: Toeing the Mark?
Get PDFThis Article examines the use of the exclusionary rule in Canada, the United States, andEngland in the context of critically evaluating the discretionary standard of admissibilityconcerning illegally obtained evidence under article 69(7) of the International Criminal Court.Considered also are the principal justifications advanced in these jurisdictions in support of anexclusionary sanction and the reasons for its attenuation. The Article concludes that the applicationof a nondiscretionary standard in an international milieu brings to bear two distinct and significantadvantages over the existing statutory framework. First, such a standard has a greater degree ofuniformity and predictability in determining questions of evidentiary admissibility; second, it moreclearly defines and advances the underlying substantive rights toward which the exclusionaryprovision under the statute is directed
Our Business Is People (Even If It Kills Them): The Contribution of Multinational Enterprises to the Conflict in the Democratic Republic of Congo
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Post-WTO China: Quest for Human Right Safeguards in Sexual Harassment Against Working Women
Get PDFIn assessing China’s progress in human rights, sexual harassment of mainland womenworkers is the most neglected dimension in the struggle for international human rights.Notwithstanding other justifications for lack of a sexual harassment law, China’s polity eschews amoral and political responsibility to redress sexual harassment in the workplace, by resort topolitical rhetoric, rather than implementing effective legal safeguards.Typical sources of legal safeguards, such as laws, constitutions, and international norms,share a commonality of efficacy being primarily contingent on China’s policies of economicdevelopment. China’s polity prioritizes socioeconomic rights over civil-political rights, byespousing political rhetorical cultural relativism. All of which lends understanding to China’sfailure to promulgate sexual harassment laws, enforce international norms of human rights, andallow meaningful interpretations of constitutional stipulations of equality. For women in mainlandChina, a search for legal safeguards against sexual harassment in the workplace finds them withoutrecourse to meaningful international and domestic judicial remedies, while nonjudicial remediesremain without efficacy
United Nations Convention on Assignment of Receivables in International Trade and UNICITRAL Model Law on Electronic Signatures
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Africa in the New World Order: The Trouble with the Notion of African Marginalization
Get PDFThis Article presents an analysis of the place of Africa in the new world order. It is a role or position marked by the kind of heterogeneity and complexity conceivable of a continent of fifty-three states, over forty of them from sub-Saharan Africa alone. There are three aspects to the analysis. First is a theoretical statement on the concept of a new world order. Second is an outline and discussion of the trouble with marginalization as applied in the analysis of Africa. Among these troubles is that the concept depicts Africa as sui generis, when most of the problems Africans face are global features of underdevelopment common to the developing world as a whole. Third, the Article suggests several strategies for combating African marginalization in the new world order. Some of the suggested strategies are options addressed to developed countries in testimony to the reality of complex interdependence and in the interest of a legitimate international order. The overall result is a comprehensive critique of marginalization as an intellectual tool for the understanding of Africa and African realities in the new world order
The Rise of Multidisciplinary Practices in Europe and the Future of the Global Legal Profession Following Arthur Andersen v. Netherlands Bar Ass’n
Get PDFMultidisciplinary Practice (MDP) has suitably been referred to as the most important issue facing the modern legal profession. MDP, however, is not an entirely new concept—the idea of having a “Wal Mart” type of professional services firm, providing many different kinds of professional services under one roof (theoretically at a lower cost), has been contemplated in most countries. However, bar associations around the world continue to oppose the formation of MDPs, fearing that combining lawyers in an association with nonlawyers will compromise the ethical duties owed to the client in favor of the MDP’s bottom line.In Europe, member state bar associations remain divided. Some bar associations allow MDPs in their “fully integrated” form, while others have outright prohibited their formation. In the Netherlands, where the national bar has prohibited attorneys from practicing with accountants, the most significant debate on MDPs has recently emerged, as Arthur Andersen and PriceWaterhouse Coopers have asserted that the regulation violates European Union law and have appealed the Dutch prohibition on MDPs all the way to the European Court of Justice. The decision in the case will have far-reaching effects on the global legal profession, as it will likely influence the position that national bar associations take toward MDPs and, consequently, the way legal services around the world will be provided in the twenty-first century
NATO’s War in Kosovo and the Final Report to the Prosecutor of the International Criminal Tribunal for the Former Yugoslavia
Get PDFThis Article addresses the report by the Office of the Prosecutor (OTP) of the International Criminal Tribunal for the Former Yugoslavia (ICTY) concerning war crimes allegedly committed by the North Atlantic Treaty Organization (NATO) during the conduct of its war with Yugoslavia. International law regarding the conduct of war, or jus in bello, governs what are popularly thought of as “war crimes.” This body of law is currently in flux; while the OTP is not in any sense a rule-making body, its actions may give some guidance as to the direction that the development of this body of law will follow.The OTP considered NATO attacks on twenty-one targets in Yugoslavia as possible violations of existing jus in bello norms. The OTP categorized the issues raised by the accusations under the headings of environmental damage, use of depleted uranium projectiles, use of cluster bombs, and improper target selection. The first and last categories have the potential for the greatest impact on the formation of normative expectations regarding the conduct of war. The fourth problem can also be divided into two major subcategories: problems of discrimination and problems of proportionality.In each instance, the OTP found that NATO’s actions did not violate existing norms, although in one instance the panel found itself divided. These outcomes were correct. The reasoning underlying the outcomes, though, is troubling. The rules of law it states and applies would exonerate not only NATO, but also the perpetrators of far more deliberate and destructive acts. The OTP seems to ignore the development of the jus in bello during the past decade, and perhaps during the past three decades. While the OTP is to be applauded for its decisions, its report nonetheless contains troubling assumptions about current normative expectations relating to the conduct of war