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Spring 2008 VOLUME 17 SPRING 2007 NUMBER 2 Vol. 17 No. 2 JOURNAL OF JOURNAL OFTRANSNATIONAL POLICY & LAW TRANSNATIONAL LAW & POLICY ARTICLES: Richard B. Lillich Memorial Lecture: New Directions in the Struggle Against Human Trafficking.……….....................................................................................Mark Sidel Prostituting Peace: the Impact of Sending State’s Legal Regimes on U.N. Peacekeeper Behavior and Suggestions to Protect the Populations Peace keepers Guard ………………………...Alexander R. Harrington Implied Powers Beyond Functional Integration? The Flexibility Clause in the Revised EU Treaties…………………………………………………….…...Carl Lebeck Colombia’s Incursion into Ecuadorian Territory Justified Hot Pursuit or Pugnacious Error? ……………………………………………………..…..Luis E. Nagle RECENT DEVELOPMENTS: “Rachel’s Law” Wraps New York’s Long-Arm Around Libel Tourists; Will Congress Follow Suit?………………………..................... .............Justin S. Hemlepp Pages 187 To 387 THE FLORIDA STATE UNIVERSITY COLLEGE OF LAW Spring 2008 VOLUME 17 SPRING 2007 NUMBER 2 GENERAL INFORMATION MISSION STATEMENT : The Journal of Transnational Law & Policy (ISSN 1067-8182) is published at The Florida State University College of Law. The Journal was founded in 1991 to provide a scholarly forum for discussion of legal developments in the world community. The Journal shares the philosophy articulated by the late Philip C. Jessup, Judge of the International Court of Justice, who defined “transnational law” as “ all law which regulates actions or events that transcend national frontiers .” The term “transnational” is thus expansive; it includes both the international and comparative dimensions of law. CITE AS : J. TRANSNAT ’L L. & POL ’Y. SUBSCRIPTIONS : Subscriptions are $30 (U.S.), $31 (Canada), and $32 (international). The Journal is published biannually. Volumes 1 through 4 have only one issue. Subscriptions are renewed automatically unless a timely notice of termination is given. Volume 16 is available from the Journal and all other back issues (volume 1-15 inclusive) are available from William S. Hein Co., Inc. (800.828.7571). SUBMISSIONS : All manuscripts submitted for publication are reviewed as expeditiously as possible to determine their suitability for publication. Text and footnotes should reasonably conform to The Bluebook: A Uniform System of Citation (18th ed. 2005). The Journal reserves the right to determine the final stylistic form in which the manuscript will be published. CORRESPONDENCE : Address all correspondence and manuscript submissions to: Journal of Transnational Law & Policy , College of Law, The Florida State University, Tallahassee, Florida, U.S.A. 32306-1601. The Journal may be contacted by telephone at (850) 644-0961, by facsimile at (850) 644-7282, or by email at [email protected]. The Journal ‘s home page on the internet is located at http://www.law.fsu.edu/journals/transnational/index.php. DISCLAIMER : The views expressed in published material are those of the authors and do not necessarily reflect the policies or opinions of the Journal , its editors or staff, or The Florida State University COPYRIGHT : The Journal hereby grants permission for copies of all articles on which it holds the copyright to be made and used by nonprofit educational institutions, provided that copies are distributed at or below cost, the author and Journal are both identified, and proper notice is affixed to each copy. All other rights are reserved. Copyright © 2007 by the Journal of Transnational Law & Policy. A portion of the Journal's funding is provided by student activity fees allocated by The Florida State University Student Government Association THE FLORIDA STATE UNIVERSITY COLLEGE OF LAW ADMINISTRATION T. K. WETHERELL , B.S., M.S., PH.D., President of the University LAWRENCE G. ABELE , B.S., M.S., PH.D., Provost & Vice President for Academic Affairs DONALD J. WEIDNER , B.S., J.D., Dean and Alumni Centennial Professor DAVID L. MARKELL , B.A., J.D., Steven M. Goldstein Professor and Associate Dean for Academic Affairs DONNA R. CHRISTIE , B.S., J.D., Elizabeth C. and Clyde W. Atkinson Professor and Associate Dean for International Programs JIM ROSSI , B.S., J.D., LL.M., Harry M. Walborsky Professor and Associate Dean for Research FAYE E. JONES , B.A., M.S., J.D., Director of Research Center and Professor NANCY L. BENAVIDES , B.S., J.D., Associate Dean for Student Affairs ROSANNA CATALANO , B.S., J.D., Assistant Dean for Administration STEPHANIE L. WILLIAMS , B.A., J.D., Assistant Dean for Development FACULTY FREDERICK M. ABBOTT , B.A., J.D., LL.M., Edward Ball Eminent Scholar KELLI A. ALCES , B.A., J.D., Assistant Professor PAOLO G. ANNINO , B.A., M.A., PH.D., J.D., Clinical Professor ROBERT E. ATKINSON , B.A., J.D., Ruden, McClosky, Smith, Schuster & Russell Professor BARBARA ANN BANOFF , B.A., J.D., Professor TAMARA BLENKHORN , B.A., J.D., Legal Writing Professor SUSAN B. BODELL , B.A., M.A., M.S., J.D., Legal Writing Professor CURTIS BRIDGEMAN , B.A., M.A., PH.D., J.D ., James Edmund and Margaret Elizabeth Hennessey Corry Professor DONNA R. CHRISTIE , B.S., J.D., Elizabeth C. and Clyde W. Atkinson Professor and Associate Dean for International Programs ROBIN KUNDIS CRAIG , B.A., M.A., PH.D., J.D., Attorneys’ Title Insurance Fund Professor TALBOT D’A LEMBERTE , B.A., J.D., President Emeritus and Professor DAVID F. DICKSON , A.B., LL.B, M.S, PH.D., Professor Emeritus JOSEPH M. DODGE , B.A., LL.B., LL.M., Stearns Weaver Miller Weissler Alhadeff & Sitterson Professor CHARLES W. EHRHARDT , B.S., J.D., Professor Emeritus DINO FALASCHETTI , B.S., M.B.A., A.M. PH.D., Associate Professor of Law and Economics BRIAN D. GALLE , A.B., J.D., LL.M., Assistant Professor SALLY C. GERTZ , B.A., J.D., Clinical Professor STEVEN G. GEY , B.A., J.D., David and Deborah Fonvielle & Donald and Janet Hinkle Professor MICHAEL Z. GREEN , B.S., M.B.A., M.S., J.D., LL.M., Visiting Professor ELWIN J. GRIFFITH , B.A., J.D., LL.M., Tallahassee Alumni Professor ADAM J. HIRSCH , A.B., M.A., M. PHIL ., PH.D., J.D., William and Catherine VanDercreek Professor FAYE E. JONES , B.A., M.S., J.D., Director of Research Center and Professor SAM KALEN , B.A., J.D., Visiting Assistant Professor ROBERT H. KENNEDY , B.A., LL.B., Professor Emeritus JONATHAN KLICK , B.S., M.A., PH.D., J.D., Jeffrey A. Stoops Professor LAWRENCE S. KRIEGER, A.B., J.D., Clinical Professor and Director of Clinical Externship Programs JOHN W. LARSON , A.B., J.D., Professor Emeritus JENNIFER P. LAVIA , A.B., J.D., Legal Writing Professor TAHIRIH V. LEE , A.B., A.M., M.A.., M. PHIL ., J.D., PH.D., Associate Professor WAYNE A. LOGAN , M.A., J.D., Gary & Sallyn Pajcic Professor CHARLENE D. LUKE , B.A., J.D., Assistant Professor SCOTT D. MAKAR , B.S., M.B.A., J.D. PH.D., Richard W. Ervin Visiting Professor DAN MARKEL , A.B., M. PHIL ., J.D., Assistant Professor FACULTY (continued) DAVID L. MARKELL , B.A., J.D., Steven M. Goldstein Professor and Associate Dean for Academic Affairs TRISHA ANN MATTHEWS , B.A., M.A., J.D., Legal Writing Professor JUSTICE STANLEY A. MOORE , LL.M., Visiting Professor JOSHUA M. MORSE , III, J.D., Professor Emeritus JARRET C. OELTJEN , B.A., J.D., Professor Emeritus GREGG D. POLSKY , B.A., J.D., LL.M., Sheila M. McDevitt Professor DAVID F. POWELL , B.B.A., J.D., LL.M., Associate Professor BENJAMIN J. PRIESTER , A.B., J.D., Assistant Professor JIM ROSSI , B.S., J.D., LL.M., Harry M. Walborsky Professor and Associate Dean for Research JOHN B. RUHL , B.A., J.D., LL.M. , PH.D ., Matthews & Hawkins Professor of Property EDWIN M. SCHROEDER , PH.B., M.S., J.D., Professor Emeritus MARK B. SEIDENFELD , B.A., M.A., J.D., Patricia A. Dore Professor of Administrative Law LOIS L. SHEPHERD , B.A., J.D., The Florida Bar Health Law Section and D’Alemberte Professor HAROLD P. SOUTHERLAND , B.S., J.D., Professor Emeritus NAT S. STERN , A.B., J.D., John W. and Ashley E. Frost Professor RUTH E. STONE , B.S., J.D., Clinical Professor CHARLEE MORGAN TAYLOR , B.A., J.D., Legal Writing Professor FERNANDO R. TESÓN , J.D., LL.M., S.J.D., Tobias Simon Eminent Scholar MANUEL A. UTSET , JR., B.S., J.D., Charles W. Ehrhardt Professor JOHN W. VAN DOREN , A.B., LL.B., Professor Emeritus WILLIAM VAN DERCREEK , B.S., J.D., LL.M., Professor Emeritus JOHN KENNETH VINSON , B.A., J.D., LL.M., Professor Emeritus DONALD J. WEIDNER , B.S., J.D., Dean and Alumni Centennial Professor LESLEY WEXLER , B.A., J.D., Assistant Professor JOLEN RAWLS WOLF , B.A., J.D., Legal Writing Professor JOHN F. YETTER , B.S., B.A., J.D., LL.M., Professor Emeritus RESEARCH CENTER STAFF FAYE E. JONES , B.A., M.S., J.D., Director of Research Center and Professor ROBIN R. GAULT , B.A., M.S., PH.D., J.D., Associate Director ANNE D. BARDOLPH , B.A., M.S., Assistant Director for Acquisitions MARGARET C. CLARK , B.A., M.A., Reference Librarian D. MARIN DELL , B.S., M.S., J.D., Reference Librarian ELIZABETH FARRELL , B.S., J.D., Research/Instructional Technology Librarian JON R. LUTZ , B.A., M.A., M.S., Assistant Director for Library Technology Services MARY M. MCCORMICK , B.A., J.D., M.L.I.S., Assistant Director for Public Services PATRICIA K. SIMONDS , B.S., M.S., Assistant Director for Serials/ILL PATRICIA BINGHAM -HARPER , B.A., B.M., M.S., M.M. , Assistant Director for Cataloging JOURNAL OF TRANSNATIONAL LAW & POLICY VOLUME 17 SPRING 2008 NUMBER 2 EDITORIAL BOARD SHAINA BRENNER Editor-in-Chief JARED LEE BENNETT ACUFF SCOTT SEAGLE Writing & Research Executive Editors Editor AARON AMES WILLIAM MUSGROVE Recent Developments & Managing Editor Piece Selection Editor ARTICLES & NOTES EDITORS MICHELLE CONNELLY JASON RENNER SHANE COSTELLO ASHLEY WEST JUSTIN HEMLEPP MEMBERS Tat-Lin Angus Brandon Glanz Adam Richardson Marlo Arnold Erica Greer Brent Riggle Anne Arsenault Danythe Johnson Phillip Rogers Spencer Bishins William Keith Jerry Rumph Chelsea Boehme Audrey Koecher Marianna Sarkisyan Nathan Boyles Ruth Jackson Lee Michael Sasser Anthony Chiarello Jacob Marshall Foster Sayers Jillian Clayman Andrew McBride Lucian Smith Seth Diamond Colin McMichen Fraerly Symphorien Patrick Douglas Melina Milazzo Christina Taylor James Douglass James “Tim” Moore Shannon Thompson Justin Faulkner Rebecca Moss Benjamin Tourville Ben Gibson Mark Nonni Noah Valenstein Donna R.
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