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The Word Commons And Foreign Laws, Thomas O. Main
The Word Commons And Foreign Laws, Thomas O. Main
Cornell International Law Journal
Dual trends are colliding in U.S. courts. The first trend is a tidal wave of cases requiring courts to engage the domestic laws of foreign legal systems; globalization is the principal driver of this escalation. The second trend is a profound and ever-increasing skepticism of our ability to understand foreign law; the literature of pluralism and postmodernism has illuminated the uniquely local, language-dependent, and culturally embedded nature of law. Courts cope with this dissonance by finding some way to avoid the application of foreign law. However, these outcomes are problematic because parties are denied access to court or have their …
Repatriation Of Cultural Property–Who Owns The Past? An Introduction To Approaches And To Selected Statutory Instruments, Carol A. Roehrenbeck
Repatriation Of Cultural Property–Who Owns The Past? An Introduction To Approaches And To Selected Statutory Instruments, Carol A. Roehrenbeck
International Journal of Legal Information
Should cultural property taken by a stronger power or nation remain with that country or should it be returned to the place where it was created? Since the 1990s this question has received growing attention from the press, the public and the international legal community. For example, prestigious institutions such as the J. Paul Getty Museum of Art in Los Angeles and the Metropolitan Museum of Art in New York have agreed to return looted or stolen artwork or antiquities. British smuggler Jonathan Tokeley-Parry was convicted and served three years in prison for his role in removing as many as …
Who Owns The Past? Turkey’S Role In The Loss And Repatriation Of Antiquities, Kathleen Price
Who Owns The Past? Turkey’S Role In The Loss And Repatriation Of Antiquities, Kathleen Price
International Journal of Legal Information
No abstract provided.
Under The Turkish Blanket Legislation: The Recovery Of Cultural Property Removed From Turkey, Sibel Özel
Under The Turkish Blanket Legislation: The Recovery Of Cultural Property Removed From Turkey, Sibel Özel
International Journal of Legal Information
No abstract provided.
Combating Corruption Through International Law In Africa: A Comparative Analysis, Thomas R. Snider, Won Kidane
Combating Corruption Through International Law In Africa: A Comparative Analysis, Thomas R. Snider, Won Kidane
Cornell International Law Journal
No abstract provided.
The Continued Resonance And Challenge Of The “Ius Commune” In Modern European Contract Law, Martin J. Doris
The Continued Resonance And Challenge Of The “Ius Commune” In Modern European Contract Law, Martin J. Doris
International Journal of Legal Information
The need for a more consistent and coherent European contract law is a current priority of the EC institutions. Despite decades of pointillistic legal harmonization, cross border transactions within the Internal market of the European Union continue to take place in the shadow of divergent procedural and substantive law rules, differing legal cultures and significant linguistic diversities. Whilst national contract law systems function more or less efficiently internally, it is their partial non-compatibility with other Member States’ private laws that provokes isolated distortions on the market. As a consequence, the European Commission has presented its ‘Common Frame of Reference’ research …
Tailoring Globalization To Reduce Global Poverty And Inequality: A Case Study Of The U.S.-Cambodian Bilateral Textile Agreement, Jimmy Howell
International Journal of Legal Information
There is a great need for incorporating labor rights provisions into bilateral, multilateral, and regional trade agreements. However, it was only towards the end of the last century that governments experimented with different types of legal systems to address labor issues. As the debate on this matter moves forward, more attention must focus on the most effective and appropriate legal architectures for labor rights protection in the trade context. The USCBTA was the purest example of a regulatory model that governments have used to link trade and labor protection. The weaknesses in a purely regulatory model indicate that a different …
The World Court’S Ruling Regarding Israel’S West Bank Barrier And The Primacy Of International Law: An Insider’S Perspective, Pieter H. F. Bekker
The World Court’S Ruling Regarding Israel’S West Bank Barrier And The Primacy Of International Law: An Insider’S Perspective, Pieter H. F. Bekker
Cornell International Law Journal
A former UN official & staff lawyer for the International Court of Justice (ICJ) reflects on that courts ruling on Israels construction of a wall in the Occupied Palestinian Territory. It is emphasized that the Court's primary focus was upholding international law. The case was not about Israels right to build a protective structure on its own territory but about the course of the West Bank barrier that extends past the Green Line designated in the 1949 Armistice Agreement. Key pronouncements of the landmark opinion are examined, including condemnation of the settlements that Israel had established in Palestinian territories; the …
Member State Compliance With The Judgments Of The Inter-American Court Of Human Rights, Morse Tan
Member State Compliance With The Judgments Of The Inter-American Court Of Human Rights, Morse Tan
International Journal of Legal Information
This essay fills a gap by exploring compliance theory in international law to the Inter-American Court of Human Rights. After introducing the topic and setting the context, it delves into the question of why nations follow international law. Interacting with prominent theoretical models (including the managerial model, fairness and legitimacy, transnational legal process, self-interest, and a comparative perspective with Europe), it arrives at a critical synthesis in the conclusion.
Promising Protection Through Internationally Derived Duties, Victoria Orlowski
Promising Protection Through Internationally Derived Duties, Victoria Orlowski
Cornell International Law Journal
No abstract provided.
Humanity’S Law: Rule Of Law For The New Global Politics, Ruti G. Teitel
Humanity’S Law: Rule Of Law For The New Global Politics, Ruti G. Teitel
Cornell International Law Journal
This Article proposes that international law is undergoing a paradigm shift, which will have significant implications for foreign affairs. A dramatic expansion of legal machinery, institutions, and processes is occurring in the international sphere. Now, more than ever before foreign policy decision-making occurs in the shadow of the law. The conception of a new rule of law is at stake; appropriate to the present state of global politics, as it aims to manage heightened political conflict and violence through law. The impact of the juridical paradigm shift is primarily discursive. The expanded legal discourse represented by the present international human …
The Right To Compensation In Bosnia: An Unfulfilled Promise And A Challenge To International Law, Eric Rosand
The Right To Compensation In Bosnia: An Unfulfilled Promise And A Challenge To International Law, Eric Rosand
Cornell International Law Journal
No abstract provided.
Holding Public Officials Accountable In The International Realm: A New Multi-Layered Strategy To Combat Corruption, Brian C. Harms
Holding Public Officials Accountable In The International Realm: A New Multi-Layered Strategy To Combat Corruption, Brian C. Harms
Cornell International Law Journal
No abstract provided.
Facing The Truth: Seeing The Convention On Contracts For The International Sale Of Goods As An Obstacle To A Uniform Law Of International Sales, James E. Bailey
Facing The Truth: Seeing The Convention On Contracts For The International Sale Of Goods As An Obstacle To A Uniform Law Of International Sales, James E. Bailey
Cornell International Law Journal
No abstract provided.
Jurisdictional Salvation And The Hague Treaty , Kevin M. Clermont
Jurisdictional Salvation And The Hague Treaty , Kevin M. Clermont
Cornell Law Review
No abstract provided.
The Informed-Consent Policy Of The International Conference On Harmonization Of Technical Requirements For Registration Of Pharmaceuticals For Human Use: Knowledge Is The Best Medicine, Michelle D. Miller
Cornell International Law Journal
No abstract provided.
Provincialism In United States Courts , Patrick M. Mcfadden
Provincialism In United States Courts , Patrick M. Mcfadden
Cornell Law Review
No abstract provided.
Losers Fools & Prophets: Justice As Struggle , Jules Lobel
Losers Fools & Prophets: Justice As Struggle , Jules Lobel
Cornell Law Review
No abstract provided.
International And Foreign Legal Research: Tips, Tricks, And Sources, Linda Karr O'Connor
International And Foreign Legal Research: Tips, Tricks, And Sources, Linda Karr O'Connor
Cornell International Law Journal
No abstract provided.
Claims By Non-State Groups In International Law, Benedict Kingsbury
Claims By Non-State Groups In International Law, Benedict Kingsbury
Cornell International Law Journal
No abstract provided.
Groups, Histories, And The International Law, Lea Brilmayer
Groups, Histories, And The International Law, Lea Brilmayer
Cornell International Law Journal
No abstract provided.
Restoration Of The Rule Of Reason In Contract Formation: Has There Been Civil And Common Law Disparity, Kazuaki Sono
Restoration Of The Rule Of Reason In Contract Formation: Has There Been Civil And Common Law Disparity, Kazuaki Sono
Cornell International Law Journal
No abstract provided.
Classical Theory Of Law , Norman Barry
Individuals As Subjects Of International Law, M. W. Janis
Individuals As Subjects Of International Law, M. W. Janis
Cornell International Law Journal
No abstract provided.
The Legal Nature Of The European Community: A Jurisprudential Analysis Using H.L.A. Hart’S Model Of Law And A Legal System, Mark L. Jones
The Legal Nature Of The European Community: A Jurisprudential Analysis Using H.L.A. Hart’S Model Of Law And A Legal System, Mark L. Jones
Cornell International Law Journal
No abstract provided.
The Exhaustion Of Local Rule And Forum Non Conveniens In International Litigation In U.S. Courts, Stephen W. Yale-Loehr
The Exhaustion Of Local Rule And Forum Non Conveniens In International Litigation In U.S. Courts, Stephen W. Yale-Loehr
Cornell International Law Journal
No abstract provided.
The Jus Cogens Dimensions Of Nuclear Technology, Walter T. Gangl
The Jus Cogens Dimensions Of Nuclear Technology, Walter T. Gangl
Cornell International Law Journal
No abstract provided.