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Articles 1 - 30 of 31
Full-Text Articles in Entire DC Network
Regional Projects Require Regional Planning: Human Rights Impacts Arising From Infrastructure Projects, Abby Rubinson
Regional Projects Require Regional Planning: Human Rights Impacts Arising From Infrastructure Projects, Abby Rubinson
Michigan Journal of International Law
Regional projects require regional planning to avoid potentially disastrous environmental and human rights abuses. Focusing on the Rio Madeira project in Brazil as a case study in the impacts of infrastructure projects, this Note identifies the harm anticipated from these projects and highlights the need for verification of official predictions of such harm. It then proceeds to a legal analysis, addressing the applicable international law, Brazilian law, and regional legal frameworks and outlining the negative legal consequences arising from inadequate impact assessments. In light of these negative legal implications, the Note concludes by illustrating the need to proceed with planning …
Take The Long Way Home: Sub-Federal Integration Of Unratified And Non-Self-Executing Treaty Law, Lesley Wexler
Take The Long Way Home: Sub-Federal Integration Of Unratified And Non-Self-Executing Treaty Law, Lesley Wexler
Michigan Journal of International Law
This Article introduces the longstanding treaty compliance debate and expands it to include the question of whether treaties influence sub-federal actors in non-ratifying countries. This Part draws on norm theory to conclude that sub-federal actors may use treaties and treaty processes as: (a) a framework to understand the underlying substantive issue, (b) a way to reduce drafting costs, (c) a focal point to measure compliance, (d) evidence of an international consensus, (e) a mechanism to express or signal a cosmopolitan identity, or (f) a springboard to criticize the current administration.
Transparency: An Analysis Of An Evolving Fundamental Principle In International Economic Law, Carl-Sebastian Zoellner
Transparency: An Analysis Of An Evolving Fundamental Principle In International Economic Law, Carl-Sebastian Zoellner
Michigan Journal of International Law
This Note will first sketch the theoretical underpinnings of transparency in an interdisciplinary overview of its possible meanings and advantages in the present context. It will then survey documents and instruments of international economic law in which language embracing the transparency principle is already present. The Note's main section proceeds to ask whether, in the actual application of those agreements, the transparency principle has had any notable impact on the interpretation of state obligations. Finally, in addressing transparency's future role in international economic law, this Note briefly discusses additional problems which might be resolved through a transparency-based approach.
The Universal Declaration On Bioethics And Human Rights: Promoting International Discussion On The Morality Of Non-Therapeutic Research On Children, Anna Gercas
Michigan Journal of International Law
After describing the Declaration and its drafting history, this Note will summarize several international, national, and regional guidelines regarding children as research subjects. The Note then argues for a prohibition of non-therapeutic research on children and concludes that international human rights law offers the most appropriate basis for the development of regulations on human experimentation.
Anti-Terrorist Finance In The United Kingdom And United States, Laura K. Donohue
Anti-Terrorist Finance In The United Kingdom And United States, Laura K. Donohue
Michigan Journal of International Law
This Article adopts a two-tiered approach: it provides a detailed, historical account of anti-terrorist finance initiatives in the United Kingdom and United States-two states driving global norms in this area. It then proceeds to a critique of these laws. The analysis assumes-and accepts-the goals of the two states in adopting these provisions. It questions how well the measures achieve their aim. Specifically, it highlights how the transfer of money laundering tools undermines the effectiveness of the states' counterterrorist efforts-flooding the systems with suspicious activity reports, driving money out of the regulated sector, and using inappropriate metrics to gauge success. This …
Paper Dragon: Inadequate Protection Of Intellectual Property Rights In China, Omario Kanji
Paper Dragon: Inadequate Protection Of Intellectual Property Rights In China, Omario Kanji
Michigan Journal of International Law
This Note will explore the extent to which China is in violation of its obligations under TRIPs. Section I surveys the current state of IPR infringement in China. Section II analyzes relevant TRIPs provisions, case law, and treaties that supplement TRIPs provisions. Section III analyzes Chinese criminal law, the December 2004 Judicial Interpretation of Chinese criminal law, and Chinese IP law as they pertain to IPR infringement. Section IV outlines enforcement efforts in China against the backdrop of the law analyzed in the previous section. Section V evaluates these enforcement efforts given China's capabilities and obligations, and Section VI concludes …
The Spy Who Came In From The Cold War: Intelligence And International Law, Simon Chesterman
The Spy Who Came In From The Cold War: Intelligence And International Law, Simon Chesterman
Michigan Journal of International Law
This Article will focus on the narrower questions of whether obtaining secret intelligence-that is, without the consent of the state that controls the information-is subject to international legal norms or constraints, and what restrictions, if any, control the use of this information once obtained. Traditional approaches to the question of the legitimacy of spying, when even asked, typically settle on one of two positions: either collecting secret intelligence remains illegal despite consistent practice, or apparent tolerance has led to a "deep but reluctant admission of the lawfulness of such intelligence gathering, when conducted within customary normative limits.” Other writers have …
Global Markets And The Evolution Of Law In China And Japan, Takao Tanase
Global Markets And The Evolution Of Law In China And Japan, Takao Tanase
Michigan Journal of International Law
The first angle of this Article concerns the exclusivity of rights, which is the notion that a right has an exclusive boundary of ownership. The socialist system and traditional customary law in China gave only weak recognition to this concept, especially prior to China's move toward a market economy and the introduction of modern law. The second angle addresses the functionality of extralegal norms. Law reforms tend to be measured by the efficiency gains they produce, a process intensified by competition among systems. The third angle involves the ideological nature of the market-oriented development of law. The foreign enterprises and …
What's Your Sign? -- International Norms, Signals, And Compliance, Charles K. Whitehead
What's Your Sign? -- International Norms, Signals, And Compliance, Charles K. Whitehead
Michigan Journal of International Law
This Article proposes a new approach to understanding state compliance with international obligations, positing that increased interaction among the world's regulators has reinforced network norms, as evidenced in part by a greater reliance among states on legally nonbinding instruments. This Article also begins to fill a gap in the growing scholarship on state compliance by proposing a better framework for understanding how international norms influence senior regulators and how they affect both state decisions to comply as well as levels of compliance.
How Does Culture Count In Legal Change?: A Review With A Proposal From A Social Movement Perspective, Setsuo Miyazawa
How Does Culture Count In Legal Change?: A Review With A Proposal From A Social Movement Perspective, Setsuo Miyazawa
Michigan Journal of International Law
We have in this volume four articles on legal change in China and Japan written by four distinguished authors. These articles vary with regard to subject state, specificity of issues, and breadth of analytical scope. They commonly discuss one factor, however: culture. The purpose of this Comment is to examine the way each article uses culture in its explanations of legal change. The Comment concludes with a brief suggestion, from a social movement perspective, on employing culture as an explanatory tool in a non-essentialist way.
The Law And The Non-Law, Katharina Pistor
The Law And The Non-Law, Katharina Pistor
Michigan Journal of International Law
This brief Comment reflects on the construction of the "non-law" as analytical categories in the four contributions. It suggests that the struggle with "non-law" reflects a deeper confusion about the role of law in ordering social relations broadly defined.
The Culture Of Legal Change: A Case Study Of Tobacco Control In Twenty-First Century Japan, Eric A. Feldman
The Culture Of Legal Change: A Case Study Of Tobacco Control In Twenty-First Century Japan, Eric A. Feldman
Michigan Journal of International Law
This Article argues that the interaction of international norms and local culture is a central factor in the creation and transformation of legal rules. Like Alan Watson's influential theory of legal transplants, it emphasizes that legal change is frequently a consequence of learning from other jurisdictions. And like those who have argued that rational, self-interested lawmakers responding to incentives such as reelection are the engine of legal change, this Article treats incentives as critical motivators of human behavior. But in place of the cutting-and-pasting of black-letter legal doctrine it highlights the cross-border flow of social norms, and rather than material …
The Next Generation: Milhaupt And West On Japanese Economic Law, Kent Anderson
The Next Generation: Milhaupt And West On Japanese Economic Law, Kent Anderson
Michigan Journal of International Law
Review of Economic Organizations and Corporate Governance in Japan: The Impact of Formal and Informal Rules by Curtis Milhaupt & Mark West
What Have We Learned About Law And Development? Describing, Predicting, And Assessing Legal Reforms In China, Randall Peerenboom
What Have We Learned About Law And Development? Describing, Predicting, And Assessing Legal Reforms In China, Randall Peerenboom
Michigan Journal of International Law
This Article applies existing conceptual tools for describing, predicting, and assessing legal reforms to the efforts to establish rule of law in China, in the process shedding light on the various pathways and methodologies of reform so as to facilitate assessment of competing reform strategies. While drawing on China for concrete examples, the discussion involves issues that are generally applicable to comparative law and the new law and development movement, and thus it addresses
Two Paradigms Of Jurisdiction, Ralf Michaels
Two Paradigms Of Jurisdiction, Ralf Michaels
Michigan Journal of International Law
Globalization causes convergence of legal orders. Or so it is argued. Law and economics scholars predict that legal orders will move towards the same efficient end state. They argue that the requirements of globalization will pressure legal orders to converge on the level of economic efficiency, because regulatory competition between legal orders makes it impossible for individual legal systems to maintain suboptimal solutions. Many comparative lawyers predict a similar convergence. In particular traditional functionalist comparatists have long held that unification of law was both desirable and unavoidable. Their basic argument is based on functional equivalence and can be summarized as …
Irrational War And Constitutional Design: A Reply To Professors Nzelibe And Yoo, Paul F. Diehl, Tom Ginsburg
Irrational War And Constitutional Design: A Reply To Professors Nzelibe And Yoo, Paul F. Diehl, Tom Ginsburg
Michigan Journal of International Law
This Reply proceeds as follows. Part I outlines the argument of the Nzelibe and Yoo paper. Part II considers their principal-agent analysis in the context of the American political system. Part III elaborates on the "democratic peace" literature, demonstrating that it does not support the conclusions that they draw. Part IV addresses the argument that we are in a new strategic situation, such that old rules ought not apply. Part V concludes.
The United States As Global Sheriff: Using Unilateral Sanctions To Combat Human Trafficking, Janie Chuang
The United States As Global Sheriff: Using Unilateral Sanctions To Combat Human Trafficking, Janie Chuang
Michigan Journal of International Law
By situating the U.S. rise to dominance in historical and political context, this Article underscores the significance of U.S. unilateralism for international anti-trafficking law and policy.
Illegal Peace?: An Inquiry Into The Legality Of Power-Sharing With Warlords And Rebels In Africa, Jeremy I. Levitt
Illegal Peace?: An Inquiry Into The Legality Of Power-Sharing With Warlords And Rebels In Africa, Jeremy I. Levitt
Michigan Journal of International Law
This Article represents the first conscientious attempt to address these questions, present a conceptual framework for examining the legal and political efficacy of coercing democratically constituted governments into sharing power, and define a lawful basis or approach to sharing power when governments are confronted with the aforementioned scenario. The Article is polemical and questions the dominant logic that political power-sharing is lawful, legitimate, and unequivocally serves the public good, arguing that power-sharing deals that ignore controlling rules are unlawful and not viable.
Rebus Sic Stantibus: Notification Of Consular Rights After Medellin, Aaron A. Ostrovsky, Brandon E. Reavis
Rebus Sic Stantibus: Notification Of Consular Rights After Medellin, Aaron A. Ostrovsky, Brandon E. Reavis
Michigan Journal of International Law
This Comment examines, through principles of public international law and U.S. jurisprudence, the relationship between U.S. courts and the ICJ to determine if the former are indeed bound by the latter's decisions, proprio motu, or if instead some Executive action is required to make the decisions binding on the judiciary. Part of this examination will entail a discussion of the potential for dialogue between the ICJ and U.S. courts to "pierce the veil of sovereignty" that traditionally conceals the inner workings of sovereign states from the scrutiny of international tribunals. Based on this assessment, the Comment then addresses how …
Law And Culture In China And Japan: A Framework For Analysis, John O. Haley
Law And Culture In China And Japan: A Framework For Analysis, John O. Haley
Michigan Journal of International Law
This Comment is divided into two parts. The first sets forth a series of definitional propositions intended for a more general analysis of the interrelationships of law and culture. The second comprises an introduction to the evolution of legal institutions that enables us to understand better the reception and development of Western legal institutions in East Asia and provides context for the four articles and their individual and collective insights.
Signaling Conformity: Changing Norms In Japan And China, David Nelken
Signaling Conformity: Changing Norms In Japan And China, David Nelken
Michigan Journal of International Law
Whatever their differences, the articles in this issue also have much in common in addition to their regional focus. The author of this Comment shall discuss in turn three (related) theoretical issues that arise, to a greater or lesser degree, in all four contributions. The first Part of this Comment considers the insights of these articles on the need to move from discussing transplants to focusing on transnational legal processes. The second Part examines what the contributions tell us about culture, legal culture, and the so-called "norm of conformity." I shall concentrate in particular on the cultural sources of choices …
Law, Norms, And Legal Change: Global And Local In China And Japan, Nicholas C. Howson, Mark D. West
Law, Norms, And Legal Change: Global And Local In China And Japan, Nicholas C. Howson, Mark D. West
Michigan Journal of International Law
The editors of the Michigan Journal of International Law have boldly brought together four articles and commentary that focus on different aspects of the same problem in China and Japan: the relationship between domestic legal change and foreign and/or "international" law and regulation, "soft" agreements, norms, or even cultural practices. The compilation is bold in part because scholarship on change in East Asian law and legal systems often suffers from one of two defects. First, it often focuses on purely domestic phenomena in only one system, ignoring the comparative connections. Second, scholars often attack the problem from an exclusively comparative …
International Treaty Enforcement As A Public Good: Institutional Deterrent Sanctions In International Environmental Agreements, Tseming Yang
International Treaty Enforcement As A Public Good: Institutional Deterrent Sanctions In International Environmental Agreements, Tseming Yang
Michigan Journal of International Law
This Article approaches the issues through the lens of two general questions. First, what are the functions of treaty enforcement and institutional deterrent sanctions? Second, what are the obstacles to the effective deployment of institutional deterrent sanctions in response to noncompliance? This Article elaborates on the instrumental purposes of enforcement as well as its independent normative function. Much of the analysis follows the recent stream of works that combines both international law and international relations theory. These works offer a rich understanding of the conduct of states and the functioning of international legal regimes.
Sanchez-Llamas V. Oregon And Article 36 Of The Vienna Convention On Consular Relations: The Supreme Court, The Right To Consul, And Remediation, Mark J. Kadish, Charles C. Olson
Sanchez-Llamas V. Oregon And Article 36 Of The Vienna Convention On Consular Relations: The Supreme Court, The Right To Consul, And Remediation, Mark J. Kadish, Charles C. Olson
Michigan Journal of International Law
This Article analyzes the Sanchez-Llamas decision and attempts to ascertain its impact on future Article 36 litigation.
Transitional Justice In Times Of Conflict: Colombia's Ley De Justicia Y Paz, Lisa J. Laplante, Kimberly Theidon
Transitional Justice In Times Of Conflict: Colombia's Ley De Justicia Y Paz, Lisa J. Laplante, Kimberly Theidon
Michigan Journal of International Law
The authors of this Article were committed to researching the impact of the paramilitary demobilization process "on the ground"-that is, conducting qualitative research that would allow us to test the validity of different debates with the goal of generating recommendations on how future conflict and post-conflict countries might benefit from the merging of DDR and transitional justice. In this text we draw upon the preliminary results of our research on the individual and collective demobilization programs. The first stage of the project included 112 in-depth interviews with demobilized combatants from the Fuerzas Armadas Revolucionarias de Colombia-Ej rcito del Pueblo (FARC-EP) …
Power, Norms, And International Intellectual Property Law, Tai-Heng Cheng
Power, Norms, And International Intellectual Property Law, Tai-Heng Cheng
Michigan Journal of International Law
This Article begins with the premise that international law is the net result of global processes of interactions among state and non-state participants in the international system. The Article builds on the author’s previous work by proposing a theory of international law that fills the interstices between private and public international law. Participants generally deploy power and invoke legal and social norms in pursuit of interests and in response to the strategies of other participants. Eventually, outcomes that reflect both power and norms result, and these outcomes in turn modify norms and reallocate power. New outcomes then follow in future …
An Analysis Of Potential Conflicts Between The Stockholm Convention And Its Parties' Wto Obligations, D. Dean Batchelder
An Analysis Of Potential Conflicts Between The Stockholm Convention And Its Parties' Wto Obligations, D. Dean Batchelder
Michigan Journal of International Law
This Comment examines the compatibility of the Stockholm Convention on Persistent Organic Pollutants with parties' WTO obligations under the GATT Agreement. The Stockholm Convention represents a broad-based attempt to regulate persistent organic pollutants (POPs), some of the most damaging chemicals to the environment and human health. The commitments that parties to the Stockholm Convention have undertaken to control POPs may implicate international trade commitments. Hopefully the discussion in this Comment may also be relevant to other multilateral environmental agreements (MEAs), especially those involving trade measures.