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Changes in Modern Military Codes and the Role of the Military Commander: What Should the United States Learn from this Revolution?
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The Careless Gatekeeper: Sarei v. Rio Tinto, PLC, and the Expanding Role of U.S. Courts in Enforcing International Norms
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Art Thou for Us, or for Our Adversaries? Communicative Action and the Regulation of Product Placement: A Comparative Study and a Tool for Analysis
Get PDFThis study compares product placement regulation in the United States, Europe, Canada,Australia, and Israel as it relates to the normative status of free speech and commercial speech andto the inclusion of commercial content in noncommercial broadcasting in each of these countries(or regions). It concludes that societies with a strong public broadcasting tradition, where clearlines are drawn between commercial and noncommercial speech, tend to be less tolerant of thepractice of product placement, a form of undisclosed advertising inserted into broadcast content,even when it applies to commercial broadcasting. Additionally, this Article concludes that theextent to which lines are drawn between commercial and noncommercial speech in broadcastingbetter predicts the extent of product placement regulation in a given country than the measurestaken to protect commercial speech. Drawing on the theories of “communicative action” and“public sphere,” this study advocates drawing a clearer distinction between various forms ofcommercial and noncommercial broadcasting so as to protect the public interest
Bringing Down the Barrier: A Comparative Analysis of the ICJ Advisory Opinion and the High Court of Justice of Israel’s Ruling on Israel’s Construction of a Barrier in the Occupied Territories
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Decision by the Arbitrator—United States—Continued Dumping and Subsidy Offset Act of 2000: Payback Is for the Byrds; Arbitrator Allows Eight Countries to Sanction the United States for Application of the Byrd Amendment
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Crimes Against Child Soldiers in Armed Conflict Situations: Application and Limits of International Humanitarian Law
Get PDFThis Article examines the application of international humanitarian law to crimescommitted against child soldiers during the ten-year civil war in Sierra Leone. The author suggeststhat while historically, developments in international law took account of the vulnerability ofchildren in wartime, international humanitarian law maintains dated categories of protection that donot reflect conditions of modern armed conflicts. The author argues that, instead, the experiencesof child soldiers suggest that international legal prohibitions on the involvement of children incombat provide vastly inadequate legal protection. The author relies in this respect on research oncrimes committed against child combatants in Sierra Leone and the limitations of internationalhumanitarian law in relation to the prosecution of those crimes. The author argues that in order toremain relevant and effective, new developments in the field of international humanitarian lawmust address dated and inaccurate distinctions, which act to preclude needed legal protection ofthose among the most vulnerable in wartime
