Legal Theory

Lawfulness of Kosovo's Declaration of Independence

I. Introduction

Is the unilateral declaration of independence by the Provisional Institutions of Self-Government of Kosovo in accordance with international law? The International Court of Justice (ICJ or Court) answered this question in the affirmative in a groundbreaking decision issued on July 22, 2010. The Court held that the declaration was not prohibited by general international law nor by any specific sources of international law.

Topic: 
Volume: 
14
Issue: 
27
Author: 
Bart M. J. Szewczyk
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Google, China, and Search

I. Introduction

Google’s recent decision to stop censoring its search results in China reflects the challenging position in which providers of information and communication technologies find themselves today. This Insight provides an overview of the debate about Google’s provision of search services in China and describes the framework of corporate social responsibility that applies to Internet providers operating in countries that restrict expression online.

II. Internet Regulation in China

Topic: 
Volume: 
14
Issue: 
25
Author: 
Molly Beutz Land
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ECJ Holds that West Bank Products are Outside Scope of the EU-Israel Association Agreement

Introduction

On February 25, 2010, in its ruling in Brita GmbH v. Hauptzollamt Hamburg-Hafen, the European Court of Justice ("ECJ") ruled on the trade implications of one of the hot-potato issues of international law: the status of the territories occupied by Israel.

Topic: 
Volume: 
14
Issue: 
17
Author: 
Itzchak Kornfeld
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Supreme Court Preview: The Samantar Case and the Immunity of Foreign Government Officials

Introduction

The 1976 Foreign Sovereign Immunities Act (FSIA) provides the exclusive framework for deciding when foreign governments are entitled to immunity from suit in U.S. courts. [1] Over the years, the Supreme Court has played an integral role in interpreting the statute. This week, the Court once again faces the task of resolving a fundamental question about the FSIA's scope.

Topic: 
Volume: 
14
Issue: 
6
Author: 
David P. Stewart
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The Entering Into Force of the Lisbon Treaty – A European Odyssey

On December 1, 2009, after a struggle of almost a decade, the Lisbon Treaty, aimed at improving the functioning of the European Union (EU), has entered into force.

The European Odyssey

Topic: 
Volume: 
13
Issue: 
26
Author: 
Dr. Nikolaos Lavranos
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Germany Sues Italy at the International Court of Justice on Foreign Sovereign Immunity – Legal Underpinnings and Implications for U.S. Law

Introduction

Topic: 
Volume: 
13
Issue: 
22
Author: 
Ronald J. Bettauer
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Who can be detained in the "War on Terror"? The Emerging Answer

Introduction

Topic: 
Volume: 
13
Issue: 
18
Author: 
Faiza Patel
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Honduras: ¿Golpe de Estado en Vestido Constitucional? - Revisión*

* This version has been revised to reflect the 2003 repeal of Article 205(15) of the Honduran Constitution.  See endnote 44.  The author is indebted to Mr. Frank Walsh for bringing this oversight to his attention.

Presentación

Topic: 
Volume: 
13
Issue: 
9
Author: 
Doug Cassel
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