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Articles 1 - 30 of 148
Full-Text Articles in Entire DC Network
Democratic Governance And International Law, Edited By Gregory H. Fox And Brad R. Roth, Richard A. Barnes
Democratic Governance And International Law, Edited By Gregory H. Fox And Brad R. Roth, Richard A. Barnes
Indiana Journal of Global Legal Studies
No abstract provided.
Regulating Corporate Human Rights Abuses: Is Unocal The Answer?, Pia Zara Thadhani
Regulating Corporate Human Rights Abuses: Is Unocal The Answer?, Pia Zara Thadhani
William & Mary Law Review
No abstract provided.
The Treaty Power And American Federalism, Part Ii, Curtis A. Bradley
The Treaty Power And American Federalism, Part Ii, Curtis A. Bradley
Michigan Law Review
In an article published in this Review two years ago, I described and critiqued what I called the "nationalist view" of the treaty power. Under this view, the national government has the constitutional power to enter into treaties, and thereby create binding national law by virtue of the Supremacy Clause, without regard to either subject matter or federalism limitations. This view is reflected in the writings of a number of prominent foreign affairs law scholars, as well as in the American Law Institute's Restatement (Third) of Foreign Relations Law of the United States. In my article, I argued that this …
Ex Parte Young And Federal Remedies For Human Rights Treaty Violations, David Sloss
Ex Parte Young And Federal Remedies For Human Rights Treaty Violations, David Sloss
Washington Law Review
The doctrine of Ex parte Young is typically described as an exception to the immunity granted by the Eleventh Amendment of the U.S. Constitution. This Article contends that the Young doctrine also stands for the proposition that the Supremacy Clause creates an implied right of action for injunctive relief against state and local government officers who violate federal statutes or treaties. That right of action is available to plaintiffs who seek to enforce federal statutes or treaties against government officers unless Congress foreclosed the availability of a Young remedy when it enacted the statute, or the treaty makers foreclosed the …
The Illegal Immigration Reform And Immigrant Responsibility Act Of 1996: Another Congressional Hurdle For The Courts, Sonia Chen
Indiana Journal of Global Legal Studies
No abstract provided.
A Preliminary Response To Criticisms Of The International Religious Freedom Act Of 1998, T. Jeremy Gunn
A Preliminary Response To Criticisms Of The International Religious Freedom Act Of 1998, T. Jeremy Gunn
BYU Law Review
No abstract provided.
Un Forces And International Humanitarian Law, Paul C. Szasz
Un Forces And International Humanitarian Law, Paul C. Szasz
International Law Studies
No abstract provided.
Antecedents Of The Rome Statute Of The International Criminal Court Revisited, Shabtai Rosenne
Antecedents Of The Rome Statute Of The International Criminal Court Revisited, Shabtai Rosenne
International Law Studies
No abstract provided.
Legal Implications Of Nato's Armed Intervention In Kosovo, Ved P. Nanda
Legal Implications Of Nato's Armed Intervention In Kosovo, Ved P. Nanda
International Law Studies
No abstract provided.
International Humanitarian Law From Agincourt To Rome, Meron Theodor
International Humanitarian Law From Agincourt To Rome, Meron Theodor
International Law Studies
No abstract provided.
The Westphalian Peace Tradition In International Law: From Jus Ad Bellum To Jus Contra Bellum, Ove Bring
The Westphalian Peace Tradition In International Law: From Jus Ad Bellum To Jus Contra Bellum, Ove Bring
International Law Studies
No abstract provided.
The Charter Of The United Nations As A World Constitution, Ronald St. J. Macdonald
The Charter Of The United Nations As A World Constitution, Ronald St. J. Macdonald
International Law Studies
No abstract provided.
International Law And The Conduct Of Military Operations: Stocktaking At The Start Of A New Millenium, Christopher Greenwood
International Law And The Conduct Of Military Operations: Stocktaking At The Start Of A New Millenium, Christopher Greenwood
International Law Studies
No abstract provided.
The Rome Statute On The International Criminal Court - Universal Jurisdiction Or State Consent - To Make Or Break The Package Deal, Sharon A. Williams
The Rome Statute On The International Criminal Court - Universal Jurisdiction Or State Consent - To Make Or Break The Package Deal, Sharon A. Williams
International Law Studies
No abstract provided.
The Normative Framework Of International Humanitarian Law: Overlaps, Gaps, And Ambiguities, Cherif M. Bassiouni
The Normative Framework Of International Humanitarian Law: Overlaps, Gaps, And Ambiguities, Cherif M. Bassiouni
International Law Studies
No abstract provided.
The International Criminal Court: A Skeptical Analysis, Alfred P. Rubin
The International Criminal Court: A Skeptical Analysis, Alfred P. Rubin
International Law Studies
No abstract provided.
The Law Of Armed Conflict As Soft Power: Optimizing Strategic Choice, Michael N. Schmitt
The Law Of Armed Conflict As Soft Power: Optimizing Strategic Choice, Michael N. Schmitt
International Law Studies
No abstract provided.
On Genocide, Anthony D'Amato
Appendix: Principle Publications Of Professor L.C. Green (Volume 75)
Appendix: Principle Publications Of Professor L.C. Green (Volume 75)
International Law Studies
No abstract provided.
Jus Pacis Ac Belli? Prolegomena To A Sociology Of International Law, Georg Schwarzenberger
Jus Pacis Ac Belli? Prolegomena To A Sociology Of International Law, Georg Schwarzenberger
International Law Studies
No abstract provided.
The History And Status Of The International Criminal Court, Howard Levie
The History And Status Of The International Criminal Court, Howard Levie
International Law Studies
No abstract provided.
Chapter Vi (The Tanker War And The Maritime Environment)
Chapter Vi (The Tanker War And The Maritime Environment)
International Law Studies
No abstract provided.
Humanitarian Intervention At A Crossroads, Bartram S. Brown
Humanitarian Intervention At A Crossroads, Bartram S. Brown
William & Mary Law Review
No abstract provided.
International Criminal Defence Ethics: The Law Of Professional Conduct For Defence Counsel Appearing Before International Criminal Tribunals, Michael Bohlander
International Criminal Defence Ethics: The Law Of Professional Conduct For Defence Counsel Appearing Before International Criminal Tribunals, Michael Bohlander
San Diego International Law Journal
This Article presents an overview of the Codes and relevant Rules of Procedure and Evidence of the ICTY and the ICTR, as well as an analysis of their provisions. The ICTR's Code of Conduct is almost identical to the ICTY's Code of Conduct. Primarily, this Article examines ICTY law. This Article closes with an outlook on the future of criminal defence before international criminal tribunals. As of yet, there is no provision for the professional conduct of defence counsel before the International Criminal Court (ICC).
Parties In Israel: Between Law And Politics, Ariel L. Bendor
Parties In Israel: Between Law And Politics, Ariel L. Bendor
San Diego International Law Journal
The decline in prestige and influence of the political parties in Israel, particularly the larger parties, has become a source of distress for many in Israel. Similarly, in the United States, where the significance of parties is also recognized, many have shown concern for weakening of the dominant political parties. In the American system where politics are ruled by two strong national parties, one of the most common concerns is aimed at the potential possible damage to smaller parties and independent candidates. But, in Israeli, the nature of politics is becoming increasingly sectoral, personal, superficial and populist. As is often …
Walking The Queen's Highway: Peace, Politics And Parades In Northern Ireland, Brian P. White
Walking The Queen's Highway: Peace, Politics And Parades In Northern Ireland, Brian P. White
San Diego International Law Journal
This Comment will discuss Northern Ireland's contentious Orange marching season and will review the history of Northern Ireland and its significance to the present day antagonists. It will further explore the law of Northern Ireland that is designed to protect the right to parade while preserving the public order, and consequently the related British legal machinery and its common law development. This Comment will also discuss the failure of Police Powers with respect to contentious parades in Northern Ireland, and will analyze the Parades Commission's prospects for success in diffusing sectarian animosity and violence associated with parading in Northern Ireland …
Governmental Illegitimacy And Neocolonialism: Response To Review By James Thuo Gathii, Brad R. Roth
Governmental Illegitimacy And Neocolonialism: Response To Review By James Thuo Gathii, Brad R. Roth
Michigan Law Review
The essence of James Thuo Gathii's criticism of Governmental Illegitimacy in International Law is that my study seeks to answer a doctrinal question rather than to challenge the "Eurocentric" assumptions that pervade doctrinal thinking. Although I (inevitably) take exception to some of Professor Gathii's characterizations of the book's details, an elaborate clarification and defense of these finer points would amount to an uninteresting response to an interesting essay. Indeed, since Gathii characterizes the book as "well written, well-argued, and well-researched," and since I am in sympathy with the considerations that prompt him to go beyond the scope of what I …
How Natural Are National And Transnational Citizenship? A Historical Perspective, David Thelen
How Natural Are National And Transnational Citizenship? A Historical Perspective, David Thelen
Indiana Journal of Global Legal Studies
No abstract provided.
International Citizenship: The Future Of Nationality In A Globalized World, Kim Rubenstein, Daniel Adler
International Citizenship: The Future Of Nationality In A Globalized World, Kim Rubenstein, Daniel Adler
Indiana Journal of Global Legal Studies
No abstract provided.