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Book Review Of The Riddle Of All Constitutions: International Law, Democracy, And The Critique Of Ideology, Evan J. Criddle Jan 2001

Book Review Of The Riddle Of All Constitutions: International Law, Democracy, And The Critique Of Ideology, Evan J. Criddle

Faculty Publications

No abstract provided.


International Criminal Jurisprudence Comes Of Age: The Substance And Procedure Of An Emerging Discipline, Nancy Amoury Combs Jan 2001

International Criminal Jurisprudence Comes Of Age: The Substance And Procedure Of An Emerging Discipline, Nancy Amoury Combs

Faculty Publications

No abstract provided.


Carter, Reagan, And Khomeini: Presidential Transitions And International Law, Nancy Amoury Combs Jan 2001

Carter, Reagan, And Khomeini: Presidential Transitions And International Law, Nancy Amoury Combs

Faculty Publications

No abstract provided.


The Developing World Takes On The Tobacco Industry: An Analysis Of Recent Litigation And Its Future Implications, Brian S. Appel Jan 2001

The Developing World Takes On The Tobacco Industry: An Analysis Of Recent Litigation And Its Future Implications, Brian S. Appel

American University International Law Review

No abstract provided.


The Legal Implications Of Trinidad & Tobago's Withdrawal From The American Convention On Human Rights, Natasha Parassram Concepcion Jan 2001

The Legal Implications Of Trinidad & Tobago's Withdrawal From The American Convention On Human Rights, Natasha Parassram Concepcion

American University International Law Review

No abstract provided.


Accident, Exclusivity, And Passenger Disturbances Under The Warsaw Convention, Tory A. Weigand Jan 2001

Accident, Exclusivity, And Passenger Disturbances Under The Warsaw Convention, Tory A. Weigand

American University International Law Review

No abstract provided.


Impunity In Guatemala: The State's Failure To Provide Justice In The Massacre Cases, Nathanael Heasley, Rodger Hurley, Kara E. Irwin, Andrew H. Kaufman, Nadine Moustafa, Alain Personna Jan 2001

Impunity In Guatemala: The State's Failure To Provide Justice In The Massacre Cases, Nathanael Heasley, Rodger Hurley, Kara E. Irwin, Andrew H. Kaufman, Nadine Moustafa, Alain Personna

American University International Law Review

No abstract provided.


The Intersection Of International Accounting Practices And International Law: The Review Of Kuwaiti Corporate Claims At The United Nations Compensation Commission, Ramanand Mundkur, Michael J. Mucchetti, D. Craig Christensen Jan 2001

The Intersection Of International Accounting Practices And International Law: The Review Of Kuwaiti Corporate Claims At The United Nations Compensation Commission, Ramanand Mundkur, Michael J. Mucchetti, D. Craig Christensen

American University International Law Review

No abstract provided.


The Internet In Latin America: New Opportunities, Developments, & Challenges, Robert Kossick Jan 2001

The Internet In Latin America: New Opportunities, Developments, & Challenges, Robert Kossick

American University International Law Review

No abstract provided.


The Report Of The World Commission On Dams-Executive Summary Jan 2001

The Report Of The World Commission On Dams-Executive Summary

American University International Law Review

No abstract provided.


The Use Of A Trilateral Network: An Activist's Perspective On The Formation Of The World Commission On Dams, Patrick Mccully Jan 2001

The Use Of A Trilateral Network: An Activist's Perspective On The Formation Of The World Commission On Dams, Patrick Mccully

American University International Law Review

No abstract provided.


Dams, International Rivers, And Riparian States: An Analysis Of The Recommendations Of The World Commission On Dams, Salman M.A. Salman Jan 2001

Dams, International Rivers, And Riparian States: An Analysis Of The Recommendations Of The World Commission On Dams, Salman M.A. Salman

American University International Law Review

No abstract provided.


The Third Annual Grotius Lecture: Just War And Humanitarian Intervention, Jean Bethke Elshtain Jan 2001

The Third Annual Grotius Lecture: Just War And Humanitarian Intervention, Jean Bethke Elshtain

American University International Law Review

No abstract provided.


Can International Law Help? An Analysis Of The Colombian Peace Process, Jorge L. Esquirol Jan 2001

Can International Law Help? An Analysis Of The Colombian Peace Process, Jorge L. Esquirol

Faculty Publications

No abstract provided.


Conflicting Rights And The Outbreak Of The First World War, Leo Katz Jan 2001

Conflicting Rights And The Outbreak Of The First World War, Leo Katz

All Faculty Scholarship

No abstract provided.


The International Judicial Dialogue: When Domestic Constitutional Courts Join The Conversation, Tara Leigh Grove Jan 2001

The International Judicial Dialogue: When Domestic Constitutional Courts Join The Conversation, Tara Leigh Grove

Faculty Publications

No abstract provided.


The Community Interest Test In Antidumping Proceedings Of The European Union, Marc Wellhausen Jan 2001

The Community Interest Test In Antidumping Proceedings Of The European Union, Marc Wellhausen

American University International Law Review

No abstract provided.


Pointing The Finger: Civilian Casualties Of Nato Bombing In The Kosovo Conflict, Tania Voon Jan 2001

Pointing The Finger: Civilian Casualties Of Nato Bombing In The Kosovo Conflict, Tania Voon

American University International Law Review

No abstract provided.


Delverde And The Wto's British Steel Decision Foreshadow More Conflict Where The Wto Stubsidies Agreement, Privatization, And United States Countervailing Duty Law Intersect, Julie Dunne Jan 2001

Delverde And The Wto's British Steel Decision Foreshadow More Conflict Where The Wto Stubsidies Agreement, Privatization, And United States Countervailing Duty Law Intersect, Julie Dunne

American University International Law Review

No abstract provided.


Introduction To The Principles And Rules Of Transnational Civil Procedure, Geoffrey C. Hazard Jr., Michele Taruffo, Rolf Sturner, Anthony Gidi Jan 2001

Introduction To The Principles And Rules Of Transnational Civil Procedure, Geoffrey C. Hazard Jr., Michele Taruffo, Rolf Sturner, Anthony Gidi

All Faculty Scholarship

No abstract provided.


David Ross Brower And Nature's Laws, Nicholas A. Robinson Jan 2001

David Ross Brower And Nature's Laws, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

“We're not blindly opposed to progress. We're opposed to blind progress.” These words summed up the style and power of David R. Brower. Indelibly, he chiseled toe hold after toe hold on an arduous climb across the rock face of the commercial forces driven to seek short-term gain from natural resources and oblivious to the longer-term costs to the Earth that the ecological sciences would chronicle but that economists would disregard as mere “externalities” in their classical market models. As Brower campaigned to protect the wilderness of North America and the Earth, through his sheer conviction and abundant eloquence, he …


Legal Systems, Decisionmaking, And The Science Of Earth's Systems: Procedural Missing Links, Nicholas A. Robinson Jan 2001

Legal Systems, Decisionmaking, And The Science Of Earth's Systems: Procedural Missing Links, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

Decisionmakers disregard scientific findings regarding environmental conditions, despite recommendations of the 1992 "Earth Summit" in Agenda 21 that science should provide a foundation for sustainable development. Although environmental degradation trends continue to exacerbate, decisionmakers address only selected issues. This Article examines an analytic paradigm for evaluating when decisionmakers are ready to address a problem and describes the catalytic role that scientific information can serve in prompting remedial action. Unless systematic procedures require evaluation of environmental scientific findings in the normal course of decisionmaking, science will continue to be ignored. One hallmark of Environmental Law has been to fashion such procedures, …


Forest Fires As A Common International Concern: Precedents For The Progressive Development Of International Environmental Law, Nicholas A. Robinson Jan 2001

Forest Fires As A Common International Concern: Precedents For The Progressive Development Of International Environmental Law, Nicholas A. Robinson

Elisabeth Haub School of Law Faculty Publications

Without a better global effort to prevent and cope with forest fires, the remaining wild forests' resources of the world are at risk. Quite apart from the present loss of commercial timber and species habitat, and the present problems of flooding and erosion in the aftermath of fires, the loss of these wooded lands will reduce the capacity of regions to absorb carbon dioxide through photosynthesis, thereby making the challenge of managing emissions of greenhouse gases all the more problematic. Forests sequester carbon in their woody tissue as a result of photosynthesis, and are often termed the “lungs” of the …


Why Courts Review Arbitral Awards, William W. Park Jan 2001

Why Courts Review Arbitral Awards, William W. Park

Faculty Scholarship

Judicial review of arbitral awards constitutes a form of risk management. In most countries courts may vacate decisions of perverse arbitrators who have ignored basic procedural fairness, as well as those of alleged arbitrators who have attempted to resolve matters never properly submitted to their jurisdiction. In some countries judges may also correct legal error or monitor an award's consistency with public policy.

Public scrutiny of arbitration is inevitable at the time of award recognition. Judges can hardly ignore the basic fairness of an arbitral proceeding when asked to give an award res judicata effect by seizing assets or staying …


Human Rights International Ngos: A Critical Evaluation, Makau Wa Mutua Jan 2001

Human Rights International Ngos: A Critical Evaluation, Makau Wa Mutua

Contributions to Books

Published as Chapter 7 in NGOs and Human Rights: Promise and Performance, Claude E. Welch, Jr., ed.

The Human rights movement can be seen in a variety of guises. It can be seen as a movement for international justice or as a cultural project for “civilizing savage” cultures. In this chapter, I discuss a part of that movement as a crusade for a political project. International nongovernmental human rights organizations (INGOs), the small and elite collection of human rights groups based in the most powerful cultural and political capitals of the West, have arguably been the most influential component of …


Legal Issues, Mark Drumbl Dec 2000

Legal Issues, Mark Drumbl

Mark A. Drumbl

No abstract provided.


Review Of The Law Of Peoples, Frank J. Garcia Dec 2000

Review Of The Law Of Peoples, Frank J. Garcia

Frank J. Garcia

No abstract provided.


Hard Law V. Soft Law: Unnecessary Dichotomy?, Cynthia C. Lichtenstein Dec 2000

Hard Law V. Soft Law: Unnecessary Dichotomy?, Cynthia C. Lichtenstein

Cynthia C. Lichtenstein

No abstract provided.


Evaluating International Economic Law Dispute Resolution Mechanisms, Frank J. Garcia Dec 2000

Evaluating International Economic Law Dispute Resolution Mechanisms, Frank J. Garcia

Frank J. Garcia

No abstract provided.


Laws As Treaties? The Constitutionality Of The Congressional-Executive Agreement, John C. Yoo Dec 2000

Laws As Treaties? The Constitutionality Of The Congressional-Executive Agreement, John C. Yoo

John C Yoo

This article develops a theory explaining the constitutionality of the congressional-executive agreement, an alternatve to treaties. The puzzle is that our nation continues to use treaties at all, since congressional-executive agreements need only recieve simple legislative majorities for their approval. This article argues that in order to maintain the Constitution's balance between executive and legislative powers, congressional-executive agreements have been used in areas of Congress's Article I, Section powers, and that treaties continue to be used in areas where cooperation between the executive and legislative branches is necessary, or where the subject lies outside of Congress's enumerated powers.