Development International Law – Part 13

 

International Law of the Sea, Access and Benefit Sharing Agreements, and the Use of Biotechnology in the Development, Patenting and Commercialization of Marine Natural Products as Therapeutic Agents
Montserrat Gorina-Ysern and Captain Joseph H. Jones
Ocean Yearbook
Volume 20, 2006 p.221

A World Environment Organization. Edited by FRANK BIERMANN AND STEFFEN BAUER [Aldershot, Ashgate, 2005, xii + 280 pp, ISBN 0754637654, Hardback, £47.50] – Sustainable Development Law: Principles, Practices and Prospects. Edited by MARIE-CLAIRE CORDONNIER SEGGER [Oxford, Oxford University Press, 2004, xxv + 464 pp, ISBN 0199276706, Hardback, £75; ISBN 0199276714, Paperback, £30] – International Law and Sustainable Development: Principles and Practice. Edited by NICO SCHRIJVER AND FRIEDL WEISS [Leiden, Martinus Nijhoff Publishers, 2004, xxxvii + 711 pp, ISBN 9004141731, Hardback, EUR 152]
Alan Boyle
Journal of Environmental Law
Volume 18, Number 2, 2006 p.323-325

Institutions of International Law and the Development of Regional Forum for Peaceful Dialogue in South Asia
Javaid Rehman
Asian Journal of Comparative Law
Volume 1, Issue 1, May 2006

Multi-jurisdictional merger review procedures – a better way
Julie Clarke
Trade Practices Law Journal
Volume 14, Number 2, June 2006 p.90

Corporate mergers whose effects transcend national borders have faced increasing regulation over the past few decades as more jurisdictions have developed merger laws and imposed pre-merger notification requirements. The level of regulatory response to multi jurisdictional mergers is likely to continue to increase as even more jurisdictions contemplate the introduction of competition laws. This level of regulation now goes beyond that required to protect national economies from potentially harmful mergers and has seen burgeoning costs to business, regulators and, ultimately, the public. In recognition of this, the relatively newly formed International Competition Network has placed merger regulation at the forefront of its agenda for greater harmonisation and cooperation in competition law. This has seen, over the past three years, the development of a set of guiding principles and recommended practices for merger notification procedures designed to reduce the regulatory burden. This article evaluates these recommendations and discusses areas for further reform.

TEN YEARS AND COUNTING: THE DEVELOPMENT OF INTERNATIONAL LAW AT THE ICTR
Judge Inés Mónica Weinberg De Roca
New England Journal of International and Comparative Law
Volume 12, Number 1, Fall 2005 p.69

Symposium on China’s Peaceful Development and International Law
HUANG Deming, KONG Yuan, and ZHANG Hua
Chinese Journal of International Law
Volume 5, Number 1, March 2006 p.261-268

The Contribution of Alexander (Sandy) Anton to the Development of Private International Law
Paul R. Beaumont
Juridical Review
Volume 2006, Number 1 p.1

The New International Health Regulations: An Historic Development for International Law and Public Health
David P. Fidler and Lawrence O. Gostin
Journal of Law, Medicine & Ethics
Volume 34, Number 1, Spring 2006 p.85

The Government Response to Bioterror: Well Considered or a “Perfect Storm”?
Natasha N. Aljalian
Journal of BioLaw and Business
Volume 8, Number 4, 2005

The United States Government has swiftly attempted to respond to the threat of bioterrorism, particularly in the wake of the terror attacks of September 11, 2001. The costly, largely legislative, government response is aimed at preventing future terror attacks and improving response times and procedures should another attack take place. The government response, however, has many effects, some of which may be dire, on domestic scientific developments and research. This article will review the government’s initial response, will examine the role of existing law such as the Bayh-Dole Act and United States Patent Law on research and development, and will consider the effects of new laws on science and research. This article will also propose domestic and international measures the United States government must consider when addressing bioterrorism in the United States.

LEGAL PROFESSIONAL PRIVILEGE AND THE FOREIGN LAWYER IN AUSTRALIA
Christopher Kee and Jeremy Feiglin
Australian Law Journal
Volume 80, Number 2, February 2006 p.131

Legal professional privilege is very important to lawyers and clients alike. It has evolved within the Common law world over a period of centuries. In a domestic Australian context the test to establish what attracts advice privilege has become reasonably well settled. However, the increasingly international character of commerce has revealed new challenges. Is the current test appropriate to determine whether advice given outside Australia by a foreign lawyer is privileged? This article considers that question in detail. After examining the historical development of legal professional privilege, the article discusses Kennedy v Wallace (2004) 208 ALR 424 (at first instance) and Kennedy v Wallace (2004) 142 FCR 185 (on appeal). The article concludes that the current test is both capable and appropriate if properly applied

THE SEXUAL ASSAULT OF WOMEN DURING ARMED CONFLICT OR CIVIL DISTURBANCE
Grant Niemann
Criminal Law Journal
Volume 30, Number 1, February 2006 p.8

The International Criminal Law applicable to the regulation and control of sexual offences committed against women during the course of armed conflict and civil disturbance has gone through a process of significant development during the last 15 years. Prior to the 1990s, the enforcement record of these crimes at an international level was unsatisfactory. Feminist thinking and the ability of women to influence the development of customary International humanitarian law applicable to these crimes has played an important part in this process. However, the creation of the international criminal tribunals has provided the mechanism by which these changes have occurred. In this article the reasons for these sexual assaults is considered and various explanations are offered. The horrific extent of this offending is canvassed. However, there is justification for a guarded but cautiously optimistic prediction that perhaps the record of enforcement of these crimes may at last have some possibility of improvement particularly if developments in the law and social conditions are permitted to continue.

Author: international

Mentioned in these Entries

Common law, Development International Law, International Criminal Law, International humanitarian law, Private International Law.