The George Washington International Law Review back issues from January 2005:
HOW TO GUARANTEE CONTRACTOR PERFORMANCE ON INTERNATIONAL CONSTRUCTION PROJECTS: COMPARING SURETY BONDS WITH BANK GUARANTEES AND STANDBY LETTERS OF CREDIT
Jan 01, 2005; ... I. INTRODUCTION Major construction projects are complex and high-risk endeavors. The structures that grace our skylines and make our modern world function-office towers, convention centers, museums, hotels, sports stadiums, airports, highways, bridges, tunnels, power plants, and ...
CANADIAN FUNDAMENTAL JUSTICE AND U.S. DUE PROCESS: TWO MODELS FOR A GUARANTEE OF BASIC ADJUDICATIVE FAIRNESS
Jan 01, 2005; ... "Everyone has the right to life, liberty and security of the person and the right not to be deprived thereof except in accordance with the principles of fundamental justice."1 "[No state shall] deprive any person of life, liberty, or property, without due process of law."2 The ...
FROM "MISSION-CREEP" TO GESTALT-SWITCH: JUSTICE, FINANCE, THE IFIS, AND GLOBALIZATION'S INTENDED BENEFICIARIES
Jan 01, 2005; ... I. INTRODUCTION: REVISITING AND RE-ENVISAGING, RATHER THAN REVISING, THE MANDATES OF THE IFIs "Globalization"-that is, transnational economic integration-and its principal instrumentalities-the Bretton Woods institutions in particular, and also other organizations, treaty régimes and ...
JIGSAW SOVEREIGNTY: THE ECONOMIC CONSEQUENCES OF DECENTRALIZATION IN POST-DAYTON BOSNIA
Jan 01, 2005; ... "After signing the Dayton Agreement it is obvious that the civil part of the implementation is much harder and slower than the military one."1 More than seven years after the Dayton Accords effectively ended the horrific civil war between Muslims, Serbs, and Croats in the former ...
TAXATION OF CROSS-BORDER INTEREST FLOWS: THE PROMISES AND FAILURES OF THE EUROPEAN UNION APPROACH
Jan 01, 2005; ... I. INTRODUCTION The increased mobility of capital facilitates investments in foreign capital markets and the movement of income from such investments across national borders.1 While capital mobility has many benefits, it also presents pitfalls in the areas of tax enforcement and tax ...
SECURITY, SOUND, AND CETACEANS: LEGAL CHALLENGES TO LOW FREQUENCY ACTIVE SONAR UNDER U.S. AND INTERNATIONAL ENVIRONMENTAL LAW
Jan 01, 2005; ... I. INTRODUCTION Since 1996 at least fifty marine mammals of various species have suffered excruciating injury or death as the likely result of active sonar or similar human-made, extremely high decibel noise broadcast into the world's oceans.1 During the same period, the volume and ...
THE POLITICS OF THE PEOPLE, HUMAN RIGHTS, AND WHAT IS HIDDEN FROM VIEW
Jan 01, 2005; ... THE POLITICS OF THE PEOPLE, HUMAN RIGHTS, AND WHAT IS HIDDEN FROM VIEW International Law from Below: Development, Social Movements and Third World Resistance. Balakrishnan Rajagopal. Cambridge: Cambridge University Press, 2003. Pp. 360, $80.00 (Hardcover); $28.99 (Paperback). Today, one ...
EXECUTIVE ADVISORY OPINIONS AND THE PRACTICE OF JUDICIAL DEFERENCE IN FOREIGN AFFAIRS CASES
Jan 01, 2005; ... Because the legal constraints on executive action are not always clear, U.S. presidents inevitably seek legal advice or advisory opinions regarding particular matters. During the first decade under the U.S. Constitution, Supreme Court justices frequently provided the president and the executive ...
BRANDEIS'S HAPPY INCIDENT REVISITED: U.S. CITIES AS THE NEW LABORATORIES OF INTERNATIONAL LAW
Jan 01, 2005; ... I. INTRODUCTION "It is one of the happy incidents of the federal system that a single courageous state may, if its citizens choose, serve as a laboratory; and try novel social and economic experiments without risk to the rest of the country."1 Justice Louis Brandeis's exaltation of the ...
ISRAEL'S SECURITY BARRIER: AN INTERNATIONAL COMPARATIVE ANALYSIS AND LEGAL EVALUATION
Jan 01, 2005; ... I. INTRODUCTION Some call it a fence. Others call it a wall. Some see an outrageous land grab disrupting thousands of lives,1 an "apartheid" scheme2 with intent to expel3 the residents living on one side4 and to imprison residents living on the other.5 Others look upon it as the ultimate ...
SHELTER FROM THE STORM: RETHINKING DIPLOMATIC PROTECTION OF DUAL NATIONALS IN MODERN INTERNATIONAL LAW
Jan 01, 2005; ... I. INTRODUCTION In 2003 and 2004, Canada's foreign policy establishment was rocked by the detention, torture, and, in one case, murder of Canadian citizens by foreign governments. On June 23, 2003, Iranian authorities arrested Zahra Kazemi, a fifty-four year-old photojournalist with dual ...
U.S. LEGAL MECHANISMS FOR THE REPATRIATION OF CULTURAL PROPERTY: EVALUATING STRATEGIES FOR THE SUCCESSFUL RECOVERY OF CLAIMED NATIONAL PATRIMONY
Jan 01, 2005; ... I. INTRODUCTION Although the illicit importation of stolen cultural property1 is not a phenomenon unique to the United States,2 this country is widely recognized as home to one of the world's most voraciously acquisitive markets for art, antiquities, and plundered national patrimony.3 ...
Trade, Inequality, and Justice: Toward a Liberal Theory of Just Trade
Jan 01, 2005; ... JUST TRADE Trade, Inequality, and Justice: Toward a Liberal Theory of Just Trade. Frank J. Garcia. Ardsley, New York: Transnational Publishers, 2003. Pp. 240, $110.00 (hardcover). It says a lot about the current U.S. perspective on international law that the first 144 pages of a ...
RESOLVING TREATY CONFLICTS
Jan 01, 2005; ... INTRODUCTION Should the rules of the World Trade Organization trump international environmental agreements? How are treaties between the United States and its European partners affected by the construction of the European Union? What can be done to avert conflict among Russia, Iran, and ...
INTERNATIONAL JUDICIAL ASSISTANCE: REVITALIZING SECTION 1782
Jan 01, 2005; ... I. INTRODUCTION Spurred by the trade liberalization initiatives of the defunct General Agreement on Tariff and Trade (GATT)1 and the World Trade Organization (WTO),2 global trade continues to grow.3 GATT, originally designed as a provisional agreement pending the finalization of the ...
PRIVATIZING THE DUTIES OF THE CENTRAL AUTHORITY: SHOULD INTERNATIONAL SERVICE OF PROCESS BE UP FOR BID?
Jan 01, 2005; ... I. INTRODUCTION On April 15, 2003, the U.S. Department of Justice informed the Permanent Bureau of the Hague Conference on Private International Law1 that it had awarded a five year contract to Process Forwarding International (PFI), a private process server company, to assume the duties ...
A PROPOSED INTERNATIONAL LEGAL REGIME FOR THE ERA OF PRIVATE COMMERCIAL UTILIZATION OF SPACE
Jan 01, 2005; ... I. INTRODUCTION In June 2004, SpaceShipOne carried out history's first privatesector launch of an astronaut into space. A few months later, on October 4, 2004, the same vessel twice reached an altitude of over 100 kilometers, thus winning the $10 million Ansari X-Prize.1 Since then ...
THE TWO DISCOURSES IN COLOMBIAN CONSTITUTIONAL JURISPRUDENCE: A NEW APPROACH TO MODELING JUDICIAL BEHAVIOR IN LATIN AMERICA
Jan 01, 2005; ... I. INTRODUCTION Understanding, explaining, and modeling judicial behavior is important for the legal academic and the political scientist alike. Because legal academics tend to be far more preoccupied with normative questions (Is this a good legal rule? How can it be improved?), the task ...
MISDELIVERED MESSAGE
Jan 01, 2005; ... MISDELIVERED MESSAGE You the People: The United Nations, Transitional Administration, and State-Building. Simon Chesterman. Oxford, New York: Oxford University Press, 2004. Pp. 296, $95.00 (hardcover). A reader investing in You the People might have the reasonable belief from its title ...
REMEMBRANCE OF THINGS PAST: THE IRAQI JEWISH ARCHIVE AND THE LEGACY OF THE IRAQI JEWISH COMMUNITY
Jan 01, 2005; ... I. INTRODUCTION By early May 2003, the United States military had occupied Baghdad for about a month.1 Mobile Exploitation Teams (METs), military units formed to seek out nuclear, chemical, and biological weapons, scoured the city for contraband.2 On May 6, however, sixteen members of ...
ENGINEERING A VENTURE CAPITAL MARKET AND THE EFFECTS OF GOVERNMENT CONTROL ON PRIVATE ORDERING: LESSONS FROM THE TAIWAN EXPERIENCE
Jan 01, 2005; ... I. INTRODUCTION The basic concept of venture capital is quite simple: a number of investors pool their money to create a venture capital fund. The investors entrust management of the fund to a professional manager who selects and monitors the fund's investments. The companies in which ...
"OF COURSE THIS WILL HURT BUSINESS"1: FOREIGN STANDING UNDER THE FOREIGN NARCOTICS KINGPIN DESIGNATION ACT OF 1999 AND AMERICA'S WAR ON DRUGS
Jan 01, 2005; ... I. INTRODUCTION The Oasis Hotel and Convention Center lies approximately fifteen miles south of Tijuana, Mexico.2 What once was a booming beach resort favorite among Americans looking to spend money and soak up the sun3 is now "crippled."4 "Upkeep on the grounds is slipping; paint is ...
ASSESSING THE GENOCIDE AND POLITICAL MASS MURDER FRAMEWORK: THE CASE OF UZBEKISTAN
Jan 01, 2005; ... I. INTRODUCTION In No Lessons Learned from the Holocaust? Assessing Risks of Genocide and Political Mass Murder Since 1955, author Barbara Harff lays out "six factors that jointly make it possible to distinguish with 74% accuracy . . . regime collapses that do and those that do not lead ...
Gender Injustice: An International Comparative Analysis of Equality in Employment
Jan 01, 2005; ... Gender Injustice: An International Comparative Analysis of Equality in Employment. Anne-Marie Mooney Cotter. Ashgate Press, 2004. Pp. 306, $114.95 (hardcover). LAW IS NOT ENOUGH I. INTRODUCTION In 1995, the United Nations reported "in no society today do women enjoy the ...
PROPERTY-GRABBING UNDER AFRICAN CUSTOMARY LAW: REPUGNANT TO NATURAL JUSTICE, EQUITY, AND GOOD CONSCIENCE, YET A TROUBLING REALITY
Jan 01, 2005; ... I. INTRODUCTION In many of the world's common law jurisdictions, including those of several African countries, a will is a public document that can be inspected by members of the public.1 However, under African customary law,2 formal wills do not exist. This leaves claims of intestate ...
CAT ON A HOT TIN ROOF: THE STATUS OF CURRENT FOREIGN INVESTORS IN A POST-TRANSITION CUBA
Jan 01, 2005; ... I. INTRODUCTION One of the most important means Cuba's current government has to obtain foreign capital is to promote foreign direct investment (FDI) in the country.1 While firmly adhering to a socialist political and economic framework, Cuba has taken a series of measures in the last ...
IS THERE AN INTERNATIONAL SOLUTION TO INTELLECTUAL PROPERTY PROTECTION FOR PLANTS?
Jan 01, 2005; ... I. INTRODUCTION The science of plant breeding has existed since the beginning of agrarian society.1 The development of a satisfactory, globally uniform means of protecting the intellectual property of plant breeders, however, has remained elusive. Currently, the mechanisms for protecting ...