Texas international law journal最新文献

{"title":"Constitutional, Remedial and International Dialogues About Rights: The Canadian Experience","authors":"Kent Roach","doi":"10.2139/SSRN.621245","DOIUrl":"https://doi.org/10.2139/SSRN.621245","url":null,"abstract":"This paper examines the Canadian experience with constitutional, remedial and international dialogues about rights. The first part examines how the Canadian Charter of Rights and Freedoms promotes dialogue between courts and legislatures about rights through limitation and derogation clauses in part inspired from international rights protection instruments. The second part examines how Canadian courts have engaged governments in a dialogue about appropriate remedies and how the South African Constitution has borrowed from the Canadian experience. Analogies are also drawn between complex remedies at domestic and international levels. The Canadian experience with individual complaints under the First Optional Protocol of the International Covenant on Civil and Political Rights is examined in the third part of the paper with special attention to how it relates to interim measures by the UN Human Rights Committee. The fourth part of the paper examines how Canadian courts have made dialogic use of various international level authorities but also questions whether a dialogic approach is robust enough to protect rights in a post-September 11 state of emergency.","PeriodicalId":82900,"journal":{"name":"Texas international law journal","volume":"1 1","pages":"537"},"PeriodicalIF":0.0,"publicationDate":"2004-10-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"86810002","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The Headscarf Affair: The Conseil d’État on the Role of Religion and Culture in French Society","authors":"E. Beller","doi":"10.4324/9781315254203-10","DOIUrl":"https://doi.org/10.4324/9781315254203-10","url":null,"abstract":"I. INTRODUCTION On February 10, 2004, the French National Assembly voted 494 to 36 to pass legislation that would ban the wearing of an Islamic headscarf, or any other conspicuous religious symbol, within French public schools.1 The bill passed the French Senate by a similar margin, 276 to 20, on March 3, 2004.2 The text of the law is extremely terse, stipulating only: \"In public schools, the wearing of symbols or clothing by which students conspicuously [ostensiblement] manifest a religious appearance is forbidden. Internal regulations state that the initiation of disciplinary proceedings must be preceded by a dialogue with the student.\"3 The headscarf legislation of 2004 emerged as a direct response to the recommendations of a commission appointed in 2003 by French President Jacques Chirac. Chirac charged the Stasi Commission, composed of prominent politicians, scholars, and others, with examining the issue of laicite, or secularism.4 On December 11, 2003, the commission issued its recommendations, among them a ban on wearing the headscarf in public schools. One week later, with strong public opinion behind him,5 Chirac came out in favor of legislation to put such a ban into effect.6 The Commission's report provides a sweeping historical and philosophical overview of the principle of laicite. While denying that laicite mandates \"a militant atheism\"7 or that laicite is incompatible with Islam,8 the report states that just as the state must abandon all authority within matters of personal conscience and spirituality, so must religion \"renounce [its] political dimension. Laicite is incompatible with any conception of religion that hopes to rule over . . . the social system or the political order.\"9 This separation is mutually beneficial to both religion and the state,10 as well as providing an equal footing to all individual citizens.\" While addressing numerous other applications of the principle of laicite, the Commission spends a particularly significant portion of its report discussing the reasoning behind its recommendation to ban the headscarf in public schools.12 The international attention that the report's release and then the law's passage have attracted serves as the latest demonstration of the power of the headscarf to crystallize the controversies over Islam, immigration, and national identity that have emerged in France and, in various other guises, other Western democracies.13 This particular variation of the struggle to define French identity did not, however, burst forth suddenly, nor was it precipitated solely by wariness of fundamentalist Islam in the wake of the terrorist attacks of September 11, 2001. Understanding the origins of the headscarf issue in France is essential to the task of decoding the significance of the actions of the French executive and legislature in late 2003 and early 2004. Examining those origins-the subject of this article-is essential not only to a factual understanding of the context of the Stasi report","PeriodicalId":82900,"journal":{"name":"Texas international law journal","volume":"21 1","pages":"141-183"},"PeriodicalIF":0.0,"publicationDate":"2004-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82729598","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Stem cell division: abortion law and its influence on the adoption of radically different embryonic stem cell legislation in the United States, the United Kingdom, and Germany.","authors":"Kara L Belew","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":82900,"journal":{"name":"Texas international law journal","volume":"39 3","pages":"479-519"},"PeriodicalIF":0.0,"publicationDate":"2004-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"25886173","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"'State Sponsors of Terrorism' is a Question Not an Answer: The Terrorism Amendment to the FSIA Makes Less Sense Now than it Did Before 9/11","authors":"Keith E. Sealing","doi":"10.2139/SSRN.1259996","DOIUrl":"https://doi.org/10.2139/SSRN.1259996","url":null,"abstract":"The \"State Sponsors of Terrorism\" exception to sovereign immunity was an ill-conceived solution to very real problems: ending terrorism and compensating its American victims. In dealing with the latter it placed the burden of deciding the proper compensation of victims in the hands of the courts and thereby made the former more difficult to achieve. This paper argues that the flaws inherent in the terrorism exception before September 11, 2001, were not minimized by the events of that date. Rather, they were magnified and exposed. Perhaps the most obvious flaw in the exception is that the primary sponsor of the terrorists was not even denominated a \"State Sponsor of Terrorism\" at the time of the attack. There are many other flaws. Inherent in the term \"state sponsors of terrorism\" are three questions, none of which are as easy as they appear at first blush: (1) What is a \"state\"? (2) Who is a \"sponsor\"? and (3) What is \"terrorism\"?","PeriodicalId":82900,"journal":{"name":"Texas international law journal","volume":"9 1","pages":"119"},"PeriodicalIF":0.0,"publicationDate":"2003-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"75397017","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"An Economic Defense of Concurrent Antitrust Jurisdiction","authors":"William S. Dodge","doi":"10.2139/SSRN.325001","DOIUrl":"https://doi.org/10.2139/SSRN.325001","url":null,"abstract":"This article responds to the argument that extraterritorial application of antitrust law based on effects results in an inefficiently high level of regulation. The article first identifies three approaches to extraterritoriality - territorial, effects, and balancing. While the territorial and balancing approaches aim for exclusive jurisdiction, the effects approach permits concurrent jurisdiction by more than one country. The defense of concurrent jurisdiction then proceeds in two parts. First, the article argues that exclusive jurisdiction is just as likely to lead to inefficient underregulation as concurrent jurisdiction is to lead to inefficient overregulation. Second, the article notes that the level of regulation produced by concurrent jurisdiction can only be considered inefficient if one adopts a Kaldor-Hicks, rather than a Pareto, definition of efficiency and argues that, at least in this context, a Pareto definition is more appropriate.","PeriodicalId":82900,"journal":{"name":"Texas international law journal","volume":"13 1","pages":"27"},"PeriodicalIF":0.0,"publicationDate":"2002-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"82969111","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Oil, God, and Gold: The Story of Aramco and Saudi Kings","authors":"Julie Reynolds","doi":"10.5860/choice.37-0415","DOIUrl":"https://doi.org/10.5860/choice.37-0415","url":null,"abstract":"","PeriodicalId":82900,"journal":{"name":"Texas international law journal","volume":"6 1","pages":"836"},"PeriodicalIF":0.0,"publicationDate":"2001-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"88302193","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Judging War Criminals: The Politics of International Justice","authors":"Rosa Theofanis","doi":"10.5860/choice.37-1189","DOIUrl":"https://doi.org/10.5860/choice.37-1189","url":null,"abstract":"","PeriodicalId":82900,"journal":{"name":"Texas international law journal","volume":"14 2","pages":"835"},"PeriodicalIF":0.0,"publicationDate":"2001-07-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"72490060","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Assisted reproductive technology (ART) in South America and the effect on adoption.","authors":"C L Marques","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":82900,"journal":{"name":"Texas international law journal","volume":"35 1","pages":"65-91"},"PeriodicalIF":0.0,"publicationDate":"2000-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"22307119","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Regulation of assisted reproductive technology in the Netherlands.","authors":"T A M te Braake","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":82900,"journal":{"name":"Texas international law journal","volume":"35 1","pages":"93-122"},"PeriodicalIF":0.0,"publicationDate":"2000-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"22307117","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"An overview of assisted reproductive technology regulation in Australia and New Zealand.","authors":"L Skene","doi":"","DOIUrl":"","url":null,"abstract":"","PeriodicalId":82900,"journal":{"name":"Texas international law journal","volume":"35 1","pages":"31-49"},"PeriodicalIF":0.0,"publicationDate":"2000-01-01","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"22307120","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}