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- Michigan Journal of International Law (26)
- ILSA Journal of International & Comparative Law (4)
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- Georgia Journal of International & Comparative Law (2)
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- University of Michigan Journal of Law Reform (2)
- Annual Survey of International & Comparative Law (1)
- Brooklyn Journal of International Law (1)
- Indiana Journal of Constitutional Design (1)
- Loyola of Los Angeles International and Comparative Law Review (1)
- Michigan Journal of Environmental & Administrative Law (1)
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Articles 1 - 30 of 50
Full-Text Articles in Law
Enforcing Interstate Compacts In Federal Systems, Michael Osborn
Enforcing Interstate Compacts In Federal Systems, Michael Osborn
Indiana Journal of Constitutional Design
The central goal of a federal system is for local government units to retain degrees of independence, specifically over matters of importance to that local unit. A logical corollary to that independence is the ability for local units to negotiate and contract with other local units on matters of importance. Therefore, it is not surprising that almost every federal system allows, either implicitly or explicitly, member states to form binding compacts with other states, the union government, or municipalities.1 Some federal democracies even allow member states to compact with foreign governments. Furthermore, almost every federal constitution includes a provision outlining …
Given Today's New Wave Of Protectionsim, Is Antitrust Law The Last Hope For Preserving A Free Global Economy Or Another Nail In Free Trade's Coffin?, Allison Murray
Loyola of Los Angeles International and Comparative Law Review
No abstract provided.
Statutory Progress And Obstacles To Achieving An Effective Criminal Legislation Against The Modern Day Forms Of Slavery: The Case Of France, Bénédicte Bourgeois
Statutory Progress And Obstacles To Achieving An Effective Criminal Legislation Against The Modern Day Forms Of Slavery: The Case Of France, Bénédicte Bourgeois
Michigan Journal of International Law
In August 2013, the French Parliament passed a statute meant to bring domestic law into conformity with several European legal instruments recently adopted. The statute explicitly addressed for the first time contemporary forms of slavery, servitude, and forced labor by establishing a set of four offenses that criminalize these three types of severe labor exploitation. For lawmakers as well as for many stakeholders in the fight against modern-day slavery, that achievement marked the culmination of a series of piecemeal amendments to criminal law and narrow advances in case law, which gradually enhanced the penal repression of modern-day slavery over the …
Bringing Pacific Bluefin Tuna Back From The Brink: Ensuring The Submission Of Operational Data To The Western And Central Pacific Fisheries Commission, Chris Wold, Mitsuhiko Takahashi, Siwon Park, Viv Fernandes, Sarah Butler
Bringing Pacific Bluefin Tuna Back From The Brink: Ensuring The Submission Of Operational Data To The Western And Central Pacific Fisheries Commission, Chris Wold, Mitsuhiko Takahashi, Siwon Park, Viv Fernandes, Sarah Butler
Michigan Journal of Environmental & Administrative Law
The Commission of the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western Pacific Ocean (WCPFC) manages fish stocks of significant financial and ecological value across an area of the Pacific Ocean comprising 20% of Earth. WCPFC members, however, have disagreed sharply over management measures for tuna, sharks, and other species, in part because some WCPFC members have refused to provide the WCPFC with vessel-specific data, known as operational data, which is needed to manage the stocks sustainably. Despite a legal requirement to submit operational data to the WCPFC, these members, including Japan and Korea, …
The “Changed Circumstances” Clause After The United Nations Conference On The Law Of Treaties (1968-69), Heribert F. Koeck
The “Changed Circumstances” Clause After The United Nations Conference On The Law Of Treaties (1968-69), Heribert F. Koeck
Georgia Journal of International & Comparative Law
No abstract provided.
Book Review: Foreign Affairs And The Constitution. By Louis Henkin. Mineola, N.Y.: The Foundation Press, 1972. Pp. 553. $11.50., Carl Marcy
Georgia Journal of International & Comparative Law
No abstract provided.
Reservations And The Cisg: The Borderland Of Uniform International Sales Law And Treaty Law After Thirty-Five Years, Ulrich G. Schroeter
Reservations And The Cisg: The Borderland Of Uniform International Sales Law And Treaty Law After Thirty-Five Years, Ulrich G. Schroeter
Brooklyn Journal of International Law
No abstract provided.
Targeting And The Concept Of Intent, Jens David Ohlin
Targeting And The Concept Of Intent, Jens David Ohlin
Michigan Journal of International Law
International law generally prohibits military forces from intentionally targeting civilians; this is the principle of distinction. In contrast, unintended collateral damage is permissible unless the anticipated civilian deaths outweigh the expected military advantage of the strike; this is the principle of proportionality. These cardinal targeting rules of international humanitarian law are generally assumed by military lawyers to be relatively well-settled. However, recent international tribunals applying this law in a string of little-noticed decisions have completely upended this understanding. Armed with criminal law principles from their own domestic systems — often civil law jurisdictions — prosecutors, judges and even scholars have …
Contractualism In The Law Of Treaties, Omar M. Dajani
Contractualism In The Law Of Treaties, Omar M. Dajani
Michigan Journal of International Law
When Henry Sumner Maine famously observed that "the movement of the progressive societies has hitherto been a movement from Status to Contract," he was invoking contract not as a device for binding parties to their commitments but, rather, as a metaphor for freedom. That metaphor lies at the heart of what legal scholars have come to call contractualism (or, sometimes, contractarianism)-the idea that people should be free to decide with whom, for what, and on which terms they enter agreements and that the law should minimize the constraints it places on these decisions. It is a proposition rooted in the …
Save Our Sharks: Using International Fisheries Law Within Regional Fisheries Management Organizations To Improve Shark Conservation, Stijn Van Osch
Save Our Sharks: Using International Fisheries Law Within Regional Fisheries Management Organizations To Improve Shark Conservation, Stijn Van Osch
Michigan Journal of International Law
Like many fish, sharks are facing unprecedented overfishing. They have been targeted both directly for their fins and caught accidentally (bycaught) in, for instance, tuna fisheries. This has led to collapsing stocks around the world. Overfishing has led to what has been termed a mass extinction among ocean species, and sharks are no exception-they are in fact especially vulnerable. As a result, many species of sharks are now listed on the Red List of the International Union for Conservation of Nature (IUCN). This problem can only be tackled through coordinated, cooperative action by all states. This Note explores one avenue …
Prohibiting Sex Purchasing And Ending Trafficking: The Swedish Prostitution Law, Max Waltman
Prohibiting Sex Purchasing And Ending Trafficking: The Swedish Prostitution Law, Max Waltman
Michigan Journal of International Law
At the symposium on "Successes and Failures in International Human Trafficking Law" at the University of Michigan Law School in February 2011, I addressed the topic of international sex trafficking law, particularly the Swedish law that prohibits the purchase of sex while simultaneously decriminalizing the prostituted person. Being asked to address trafficking, I was surprised by the name given to my panel: "Kidnapped at Home, Sold Abroad: Sex Trafficking in the International Community." This surprise was owing to the fact that in the most current international instrument defining trafficking, the United Nation's so-called Palermo Protocol, nowhere is the term "kidnapping" …
An Issue Of Invocability Of Provisions Of The Wto Covered Agreements Before Domestic Courts, Ramesh Karky
An Issue Of Invocability Of Provisions Of The Wto Covered Agreements Before Domestic Courts, Ramesh Karky
Annual Survey of International & Comparative Law
This paper examines and covers relevant provisions of the Uruguay Round Agreements and laws of Nepal, provides arguments favoring and opposing invocability and non-invocability, analyzes the constitutionality and validity of Nepal’s accession to the WTO, the direct applicability of the Uruguay Round Agreements in Nepal’s internal law, and the invocability of the provisions of the Uruguay Round Agreements before the courts of Nepal, and finally draws conclusion on the issue.
Exporting Subjects: Globalizing Family Law Progress Through International Human Rights, Cyra Akila Choudhury
Exporting Subjects: Globalizing Family Law Progress Through International Human Rights, Cyra Akila Choudhury
Michigan Journal of International Law
In our popular culture and social consciousness, women are no longer the second-class citizens they used to be. Magazines, television advertisements, and billboards featuring women show us how we have achieved independence, wealth, desirability, and our intelligence. We are no longer the supporting role in movies and entertainment but stars in our own right. For this, we can thank both changing society and the unrelenting work of many women who refused to bring the coffee for the boss. The women's movement in the United States has made large gains for women through the use of social activism and legal action. …
Enforcing International Corrupt Practices Law, Paul D. Carrington
Enforcing International Corrupt Practices Law, Paul D. Carrington
Michigan Journal of International Law
This Essay strives to advance the current international movement to deter the transnational corrupt practices that have long burdened the global economy and weakened governments, especially in "developing" nations. Laws made in the last decade to address this longstanding global problem have not been effectively enforced. Described here are the moderately successful efforts in the United States since 1862 to reward private citizens serving as enforcers of laws prohibiting corrupt practices. It is suggested that this American experience might be adapted by international organizations to enhance enforcement of the new public international laws.
Inaccessible Justice: Human Rights, Persons With Disabilities And The Legal System, Stephanie Ortoleva
Inaccessible Justice: Human Rights, Persons With Disabilities And The Legal System, Stephanie Ortoleva
ILSA Journal of International & Comparative Law
This paper focuses on the important concept of access to justice and what it means to persons with disabilities.
A "Re-Visioned" Foreign Direct Investment Approach From An Emerging Country Perspective: Moving From A Vicious Circle To A Virtuous Cycle, Rumu Sarkar
ILSA Journal of International & Comparative Law
This Critical Essay sets forth and expands upon remarks presented at the International Law Weekend 2010 in New York, New York, which constitutes the annual meeting of the American Branch of the International Law Association (ABILA)
Current And Future Issues In International Space Law, Professor Henry Hertzfeld
Current And Future Issues In International Space Law, Professor Henry Hertzfeld
ILSA Journal of International & Comparative Law
Space law is a relatively new area of law and is based mainly on a set of United Nations (U.N.) Treaties negotiated during the 1960s and 1970s.
An Agenda For The Obama Administration On Gender Equality: Lessons From Abroad, Adrien K. Wing, Samuel P. Nielson
An Agenda For The Obama Administration On Gender Equality: Lessons From Abroad, Adrien K. Wing, Samuel P. Nielson
Michigan Law Review First Impressions
President Barack Obama came into office with a wealth of good will after winning the historic 2008 presidential election to become the first African-American commander-in-chief. Among the many daunting issues we hope he will tackle is one that Abigail Adams mentioned to her husband John in 1776: remember the ladies. How should our President and his new administration affect social justice for women?
Regulating Unsettled Issues In Latin America Under The Treaty Powers And The Foreign Commerce Clause, Joanna Doerfel
Regulating Unsettled Issues In Latin America Under The Treaty Powers And The Foreign Commerce Clause, Joanna Doerfel
University of Miami Inter-American Law Review
No abstract provided.
Criminal Conspiracy Law In Japan, Chris Coulson
Criminal Conspiracy Law In Japan, Chris Coulson
Michigan Journal of International Law
Part II of this Note describes CATOC's group criminality requirement. Part III outlines the provisions of several versions of Japan's conspiracy bill and compares these provisions to common-law conspiracy. Part IV analyzes Japan's conspiracy law by examining both substantive and procedural laws in Japan related to criminal conspiracy, as well as criticism within Japan of the conspiracy bills.
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.
Regionalism, Fisheries, And Environmental Challenges In The Pacific, Jon M. Van Dyke
Regionalism, Fisheries, And Environmental Challenges In The Pacific, Jon M. Van Dyke
San Diego International Law Journal
The Pacific, the world's largest ocean, contains many of the world's smallest countries. Most of these isolated islands were under colonial domination from the mid-19th century (or earlier) until about the 1970s, when they became independent. New Zealand (Aotearoa) and Australia participate in many Pacific regional organizations and activities. They are viewed as partners but play separate and different, while still important, roles because of their larger size and differences in culture and history.
Inordinate Chill: Bits, Non-Nafta Mits, And Host-State Regulatory Freedom- An Indonesian Case Study, Stuart G. Gross
Inordinate Chill: Bits, Non-Nafta Mits, And Host-State Regulatory Freedom- An Indonesian Case Study, Stuart G. Gross
Michigan Journal of International Law
A number of structural factors, which are beyond the immediate scope of this Note, may influence less wealthy countries to cave in to investor threats of arbitration, as Indonesia appears to have done here. However, their hesitancy to fight may also be based, in part, on an inadequate understanding of the applicable law, which allows investors to inordinately influence host-State decisions through threats of arbitration that have little or no chance of success. In regard to the mining companies' threat, this at least appears to be the case. As this Note will demonstrate, the GOI could have likely beaten the …
The European Tendency Toward Non-Extradition To The United States In Capital Cases: Trends, Assurances, And Breaches Of Duty, Robert Gregg
The European Tendency Toward Non-Extradition To The United States In Capital Cases: Trends, Assurances, And Breaches Of Duty, Robert Gregg
University of Miami International and Comparative Law Review
No abstract provided.
Russian Compliance With Articles Five And Six Of The European Convention Of Human Rights As A Barometer Of Legal Reform And Human Rights In Russia, Jeffrey Kahn
University of Michigan Journal of Law Reform
This Note examines two of Russia's obligations under the European Convention on Human Rights (ECHR): the Article 5 right to liberty and security, and the Article 6 right to a fair trial to gauge Russian compliance with European human rights norms. These articles lie at the heart of systematic legal reform in the Russian Federation. This Note defends the thesis that the agonizingly slow progress of judicial reform and the advancement of human rights in Russia is a function of the inevitable lag of conceptual norms behind institutional reform. Part I explores the weak place of the rule of law …
International Protection Of The United States Trademarks: A Survey Of Major International Treaties, E. Brooke Brinkerhoff
International Protection Of The United States Trademarks: A Survey Of Major International Treaties, E. Brooke Brinkerhoff
Richmond Journal of Global Law & Business
Globalization of the world has forced the evolution of international norms. Never before has the world been able to communicate so quickly across borders. Instantaneous global communication-the ability to send and receive not just e-mail messages, but documents, videos, and software-enables this instant communication.
The Impact Of Family Paradigms, Domestic Constitutions, And International Conventions On Disclosure Of An Adopted Person's Identities And Heritage: A Comparative Examination, D. Marianne Brower Blair
The Impact Of Family Paradigms, Domestic Constitutions, And International Conventions On Disclosure Of An Adopted Person's Identities And Heritage: A Comparative Examination, D. Marianne Brower Blair
Michigan Journal of International Law
This article examines the extent to which international law has and will potentially influence the direction of the reform and implementation of adoption disclosure norms. Though it does not yet appear that international law mandates recognition of an absolute right to identifying information when such disclosure is opposed by a birth parent or adoptee, examination of these conventions and the response of the international community underscores the critical importance of identifying information to many adoptees, and a growing movement to afford primacy to their interests.
The Neglected Pillar: The "Teaching Tolerance" Provision Of The International Convention On The Elimination Of All Forms Of Racial Discrimination, Stephanie Farrior
The Neglected Pillar: The "Teaching Tolerance" Provision Of The International Convention On The Elimination Of All Forms Of Racial Discrimination, Stephanie Farrior
ILSA Journal of International & Comparative Law
As we celebrate the fiftieth anniversary of the Universal Declaration of Human Rights' this year, I would like to take particular note of the first of the core human rights treaties developed since adoption of the Universal Declaration, the International Convention on the Elimination of All Forms of Racial Discrimination.
The International Association Of Independent Tanker Owners (Intertanko) V. Lowry: The Lost Argument, John W. Bolanovich
The International Association Of Independent Tanker Owners (Intertanko) V. Lowry: The Lost Argument, John W. Bolanovich
University of Miami International and Comparative Law Review
No abstract provided.
Dire Straits: The International Maritime Organization In The Bosporus And Dardanelles, Debora Schweikart
Dire Straits: The International Maritime Organization In The Bosporus And Dardanelles, Debora Schweikart
University of Miami International and Comparative Law Review
No abstract provided.