Copyright (c) 2009 Cornell Law Library All rights reserved. http://scholarship.law.cornell.edu/lps_papers Recent documents in Cornell Law School Graduate Student Papers en-us Thu, 19 Nov 2009 09:09:02 PST 3600 http://scholarship.law.cornell.edu/lps_papers/21 http://scholarship.law.cornell.edu/lps_papers/21 Tue, 21 Jul 2009 12:27:48 PDT What is the potential for modern liberal constitutions in light of the current financial crunch? In strict compliance with the Hobbes-ian naturalist assumption of human equality, this paper discusses the establishment of a single and universal, public educational system as a sine qua non condition for democracy in a society founded upon the premise that "Virtue can be taught". Platon Gatsinos http://scholarship.law.cornell.edu/lps_papers/20 http://scholarship.law.cornell.edu/lps_papers/20 Wed, 01 Jul 2009 11:35:08 PDT The paper discusses the legality of ayahuasca, amanita muscaria and salvia divinorum. These are each forms of plants or fungi which have been used for centuries in religious rituals. Their use is becoming more prevalent in the United Kingdom. At the time of writing the drugs are still legal in the UK. After a brief background on the drugs themselves, this paper raises and examines two questions in relations to each of them, namely, whether they should be regulated under the Misuse of Drugs Act 1971, and whether their use in religious contexts can be justified by the European Convention on Human Right's protection of the right to religion? Patrick R. Goold http://scholarship.law.cornell.edu/lps_papers/19 http://scholarship.law.cornell.edu/lps_papers/19 Thu, 21 Dec 2006 08:10:28 PST The United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court that was held in Rome to establish the International Criminal Court in 1998 finally adopted the Rome Statute with the participation of 160 countries. The Rome Statute of the ICC entered into force on 1 July 2002 and has been ratified by 100 States. What was considered not so long ago merely a dream of a few people has become a reality after the strenuous efforts of the UN over 50 years. However, one central issue still remains unresolved in the Rome Status. It is the crime of aggression. Countries that participated in the Rome Conference agreed to that compromise just in order to secure the conclusion of the Statute after they had reached a deadlock over the crime of aggression. Adoption of the Rome statute without containing an applicable provision on the crime of aggression, once expressed as the "Supreme International Crime," was a main defect in the Statute. Without the punishment of the crime of aggression, the ICC would not really have the ultimate, long-awaited international criminal jurisdiction. The definition and jurisdiction of the crime of aggression has always been an extremely difficult issue to settle. The history of the search for an appropriate and effective definition and jurisdiction of the crime of aggression will be reviewed in this paper; it is not a purely legal issue, but it is intertwined with political elements. The research objective of this thesis is to clarify the terms of the ongoing debate over the crime of aggression, and to facilitate a better understanding about the crime of aggression, in an ad hoc working group open to all member states of the U.N. It is important to confirm the current controversial issues of the crime of aggression and present a desirable definition and jurisdiction of it. A credible, carefully discussed, precise definition and jurisdictions of the crime of aggression, one that reflects customary international law and respects the U.N. Charter's integrity and the Security Council's responsibility for the maintenance of international peace and security, would enhance the prospects to define the crime of aggression in the Rome Statute and the possibility of other U.N. member states' ratifying it, including the U.S. Also, it would strengthen the prospects for the eventual successful prosecution of crimes of aggression.First, this paper will review and analyze the general characteristics of the crime of aggression and the historical background of the crime of aggression (from the Nuremberg Military Tribunal to the Rome Statute) in part II. Part III covers the definition of the crime of aggression in light of proposals in the Preparatory Commission (from 1st to 10th) and discussions in the ad hoc working group (from 1st to 4th) and elements of this crime. Part IV discusses the relationship between the ICC and the Security Council from the various points of view concerning the competence of ICC and Security Council, under the U.N. Charter. Finally, through these procedures, this paper will confirm and inquire the current moot issues and suggests desirable a definition and conditions of the crime of aggression in part V.Based on the research outlined above, this paper concludes that concerning the definition of the crime of aggression, first the definition of this crime should follow the "generic approach." Second, the crime of aggression and the act of aggression should be separately stipulated in the definition. That is, the crime of aggression should contain the provisions included in the Nuremberg Charter and also reflect the general recognition on it developed up the point of current circumstances. The act of aggression should follow the provisions of precedents such as resolution 3314(XXIX) of 1974 and the ILC Draft Code of Crimes against the Peace and Security of Mankind 1996. Third, the definition of the crime of aggression should comply with the principle of legality. Thus essential material and mental elements of crime should be included in it. Concerning the jurisdiction of the Crime of aggression, this paper concludes that first the Security Council's primary responsibility for determining the existence of the state aggression should be confirmed. Second, the Security Council's exclusive right to make such determinations should be denied and there should be a provision which make legally possible for the General Assembly of the UN or the ICJ to make such determinations in case of absence of the determination from the Security Council. Third, to decide whether to give such secondary right to the General Assembly of the UN or the ICJ should be settled by a political compromise through a structured and clear debate and the room for such debate should be opened not only to the state party to the Rome Statute, but also to all UN members. Buhm-Suk Baek International Law Jurisdiction http://scholarship.law.cornell.edu/lps_papers/18 http://scholarship.law.cornell.edu/lps_papers/18 Mon, 18 Sep 2006 13:09:28 PDT The paper is dedicated to the defense of superior orders in international law. The author discusses attempts to use this defense in three trials, - Adolf Eichmann's, William Calley's and Lynndie England's. The paper juxtaposes the trials and provides conclusions on the success of this defense in each case. Natalia M. Restivo Military Law http://scholarship.law.cornell.edu/lps_papers/17 http://scholarship.law.cornell.edu/lps_papers/17 Wed, 30 Aug 2006 05:22:20 PDT The issuance of Regulations on Examination and Approval of Permanent Residence of Aliens in China marks the establishment of the green card system in China. It aims to attract world talents as well as foreign investment. It is a very important step concerning China's open-up policy, but we still have a long way to improve the newly-established system. Jia Xu Immigration Law http://scholarship.law.cornell.edu/lps_papers/16 http://scholarship.law.cornell.edu/lps_papers/16 Wed, 30 Aug 2006 05:14:00 PDT In 2005, Administration for Quality, Supervision, Inspection and Quarantine (AQSIQ) issued "Administrative Regulation on Indications of Original Source and Regulation on Protection of Products from Original Sources," but "Implementing Rules of the Trademark Law of the People's Republic of China" has included the protection of Geography Indication into the trademark law. The two separate tracks of protection of GI have caused much confusion to the intellectual property right holders regarding their property rights. This thesis introduces and compares the concept of trademark and geography indications, analyzes the current protection mode both in China and abroad and discusses how to eliminate the conflict. Jia Xu Intellectual Property Law http://scholarship.law.cornell.edu/lps_papers/15 http://scholarship.law.cornell.edu/lps_papers/15 Wed, 05 Jul 2006 06:52:13 PDT This research is dedicated to the current situation and problems of sturgeon species in Russia, mainly in the Caspian Sea region. In particular, the paper elaborates on the endangered beluga sturgeon. The work describes characteristic features of sturgeon, points out the current problems and proposes some suggestions on preservation efforts in order to improve the critical situation. The research carried out by the author includes a brief consumer survey which exhibits the level of awareness and indicates willingness of the society to maintain the stability and provide sustainable development of the sturgeon species. The author favors and encourages intrinsic value approach to biodiversity and environment, therefore building her analysis around this notion. Natalia M. Restivo http://scholarship.law.cornell.edu/lps_papers/14 http://scholarship.law.cornell.edu/lps_papers/14 Thu, 18 May 2006 06:00:15 PDT The Indian film industry produces more movies than any other and is characterized as being on the threshold of emerging as a big market internationally with an expected growth rate of close to 20% per year. Its regulatory and legal mechanisms are developing rapidly to keep pace. This article is dedicated to the Indian film industry and its international potential. It analyzes the copyright aspects of film co-productions involving India and compares the characteristics of the national film industries of Germany, the U.S. and especially India (Bollywood) from a legal perspective. It points to key copyright issues in the field that will become relevant for potential co-producers. It also looks at the basic relevant copyright provisions regarding motion pictures in India, the U.S. and Germany. Also, it points to contractual provisions that should be included in international co-production contracts. Finally, it concludes with the pros and cons of international co-productions with Indian producers from the perspective of U.S. and German production companies. Timm Neu Intellectual Property Law International Law http://scholarship.law.cornell.edu/lps_papers/13 http://scholarship.law.cornell.edu/lps_papers/13 Tue, 02 May 2006 07:02:47 PDT The paper focuses on Saddam Hussein's trial in front of the Iraqi High Criminal Court in Baghdad. After providing an overview of the facts surrounding the court's installation, the applicable international law is identified and the fairness and legitimacy of the current proceedings are analyzed. The paper finishes by considering whether the trial should be relocated and addresses alternative venues that could have been chosen to prosecute Iraq's ex-dictator. Christian Eckart Courts Criminal Law and Procedure Human Rights Law International Law Jurisdiction http://scholarship.law.cornell.edu/lps_papers/12 http://scholarship.law.cornell.edu/lps_papers/12 Fri, 14 Apr 2006 06:05:10 PDT The labor relationship is the predominant and fundamental relationship in human society. The regulation of this relationship is the most important to human being's development.The regulation of the labor relationship is closely linked to personal basic rights and individual destiny. To regulate the labor relationship, that is, to establish labor rights and duties, depends on labor laws and labor contracts. But in the long history of China, there has been no labor law and labor contract. Since the open door policy was implemented, labor law and the system of labor contract began slowly. However the situation is still far from satisfactory.Now, in China, there is a desperate need for appropriate regulation of labor rights and duties.Thus given the unsound nature of the labor laws and the interrelated systems, it is necessary for labor administration departments to draw up and implement some relatively detailed, scientific, and sound sample labor contracts.This article presents a draft of a sample labor contract. It is composed by the following parts: 1. The preface. 2. The content of the work. 3. Reward and welfare. 4. Employee's personal safety. 5. The honest duty of the employee. 6. The termination of the Contract. 7. Labor discipline and labor dispute. 8. The remainder. 9. The ending. 10. Appendixes.This sample labor contract has wide adaptability, and is not a short-term solution. It should be noted that a good labor contract on paper alone is not the solution. The on-site investigation and statistics implemented in this article show that there are serious problems in the process of implementing labor contracts in China. Therefore some reform suggestions concerning how to properly implement labor contracts are also proposed in this article. Lin Li Labor Law