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Full-Text Articles in Law

Through The Looking Glass: Understanding Social Science Norms For Analyzing International Investment Law, Susan Franck, Calvin Garbin, Jenna Perkins Oct 2011

Through The Looking Glass: Understanding Social Science Norms For Analyzing International Investment Law, Susan Franck, Calvin Garbin, Jenna Perkins

Articles in Law Reviews & Other Academic Journals

When social science methods are being employed in a new context — such as the assessment of international investment law — there is value in exploring the underlying assumptions and normative baselines of the enterprise. This article and response address critiques about the methodology of an article in the Harvard International Law Journal by: (1) describing the value of social science in international investment law; (2) replicating the research using new methodologies to conduct more than 20 new tests that were still unable to ascertain the existence of a reliable relationship between development status and outcomes on the basis of …


Domestic Violence In The United States: A Preliminary Report Prepared For Rashida Manjoo, U.N. Special Rapporteur On Violence Against Women, Brenda V. Smith, Caroline Bettinger-Lopez, Farrah Elchahal, Miraisy Rodriguez, Monika Siwiec, Christina Brandt-Young, Kirsten Carlson, Gabrielle Davis, Margaret Drew, Rebecca Landy, Adam Dubin, Rachel Natelson, Sandra Park, Ana Romes, Jessica Rubenstein, Cynthia Soohoo, Cheryl Thomas, Sandra Jezierski, Casey R. Schultz Apr 2011

Domestic Violence In The United States: A Preliminary Report Prepared For Rashida Manjoo, U.N. Special Rapporteur On Violence Against Women, Brenda V. Smith, Caroline Bettinger-Lopez, Farrah Elchahal, Miraisy Rodriguez, Monika Siwiec, Christina Brandt-Young, Kirsten Carlson, Gabrielle Davis, Margaret Drew, Rebecca Landy, Adam Dubin, Rachel Natelson, Sandra Park, Ana Romes, Jessica Rubenstein, Cynthia Soohoo, Cheryl Thomas, Sandra Jezierski, Casey R. Schultz

Reports

Domestic violence is a distinctive and complex type of violence. The intimate relationship between the victim and the perpetrator is historically construed as private and therefore beyond the reach of law. The often hidden site of the violence buttresses this conceptualization. The victim is often financially dependent on her abuser, and other economic and familial factors complicate the victim’s response to abuse. Moreover, women who complain of domestic violence frequently face intimidation, retaliation, and stigmatization, and thus incidents of domestic violence are notoriously under-reported and under-prosecuted throughout the world, including the United States.

Any meaningful analysis of the nature and …


Transparency Soup: The Acta Negotiating Process And "Black Box" Lawmaking, David S. Levine Feb 2011

Transparency Soup: The Acta Negotiating Process And "Black Box" Lawmaking, David S. Levine

Joint PIJIP/TLS Research Paper Series

The negotiations of the Anti-Counterfeiting Trade Agreement (ACTA) have been marred by a level of attempted secrecy heretofore unseen in international intellectual property lawmaking. Simultaneously, the Freedom of Information Act (FOIA) has been used in several significant national contexts to prevent the disclosure of data and information in ways that call into question its efficacy as an effective regulation of governmental knowledge. This paper seeks to tie together these two recent developments in order to (a) prevent future international intellectual property law negotiations from being unduly secret and (b) encourage Congress to consider reforming FOIA in light of current public …


Violence Against Women In The United States And The State’S Obligation To Protect: Civil Society Briefing Papers On Community, Military And Custody Submitted To The United Nations Special Rapporteur On Violence Against Women, Rashida Manjoo, In Advance Of Her Mission To The United States Of America, Brenda V. Smith, Ashley Prather, Jaime M. Yarussi Jan 2011

Violence Against Women In The United States And The State’S Obligation To Protect: Civil Society Briefing Papers On Community, Military And Custody Submitted To The United Nations Special Rapporteur On Violence Against Women, Rashida Manjoo, In Advance Of Her Mission To The United States Of America, Brenda V. Smith, Ashley Prather, Jaime M. Yarussi

Reports

The Special Rapporteur on violence against women, its causes and consequences visited the United States of America from 24 January to 7 February 2011. In the present report, she broadly examines the situation of violence against women in the country, including such issues as violence in custodial settings, domestic violence, violence against women in the military and violence against women who face multiple, intersecting forms of discrimination, particularly native American, immigrant and African-American women.

The Special Rapporteur highlights the positive legislative and policy initiatives undertaken by the Government to reduce the prevalence of violence against women, including the enactment and …


Lawfare: A War Worth Fighting, Paul Williams Jan 2011

Lawfare: A War Worth Fighting, Paul Williams

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Amicus Curiae Brief On The Practice Of Cumulative Charging Before International Criminal Bodies Submitted To The Appeals Chamber Of The Special Tribunal For Lebanon Pursuant To Rule 131 Of The Rules Of Procedure And Evidence, Susana Sacouto Jan 2011

Amicus Curiae Brief On The Practice Of Cumulative Charging Before International Criminal Bodies Submitted To The Appeals Chamber Of The Special Tribunal For Lebanon Pursuant To Rule 131 Of The Rules Of Procedure And Evidence, Susana Sacouto

Articles in Law Reviews & Other Academic Journals

On 7 February 2011, President of the Special Tribunal for Lebanon (STL), Antonio Cassese, issued a general invitation to, inter alia, nongovernmental organizations and academic institutions to submit briefs on specic issues related to the 15 preliminary questions addressed to the judges of the Appeals Chamber pursuant to Rule 68(G) of the Rules of Procedure and Evidence (RPE). On 11 February 2011, the War Crimes Research Oce (WCRO) of the American University Washington College of Law submitted an amicus curiae brief under Rule 131 of the RPE addressing the specific question of whether cumulative charging is an accepted practice before …


Security Council Resolution 1973 On Libya: A Moment Of Legal & Moral Clarity, Paul Williams, Colleen Popken Jan 2011

Security Council Resolution 1973 On Libya: A Moment Of Legal & Moral Clarity, Paul Williams, Colleen Popken

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Reaching Beyond The State: Judicial Independence, The Inter-American Court Of Human Rights And Accountability In Guatemala, Edward H. Warner, Davis Jeffery Jan 2011

Reaching Beyond The State: Judicial Independence, The Inter-American Court Of Human Rights And Accountability In Guatemala, Edward H. Warner, Davis Jeffery

Articles in Law Reviews & Journals

The authors examine the role of the Inter-American Court of Human Rights in its efforts to impose accountability for human rights violations in Latin America. They suggest that because domestic enforcement mechanisms are irreconcilably deficient in this task, accountability must emanate from beyond the state. They test this contention by examining one of the most challenging nations in the region – Guatemala.


Remarks On The Arab Spring Symposium, Richard J. Wilson Jan 2011

Remarks On The Arab Spring Symposium, Richard J. Wilson

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The False Promise Of Decentralization In Eu Cohesion Policy, Fernanda Nicola Jan 2011

The False Promise Of Decentralization In Eu Cohesion Policy, Fernanda Nicola

Articles in Law Reviews & Other Academic Journals

The European Union (EL is 'gomg local"by taking decentralization ofpower seriously in order to create greater effectiveness for European law and policy especially with respect to its economic development or cohesion policy strategies. In this vein, the Treaty of Lisbon has modified the subsidiarityprnciplen ow includig a "regionala nd local" dinension while offerng new legal and political safeguards to protect subnational actors from the reach of EU law However, in EU cohesion policy cities, regions, and Lander in the different Member States are 'lumped together' into a third-level Europe that does not differentiate among these subnational actors. In addition, despite …


Public Participation And The Private Sector: The Role Of Multilateral Development Banks In The Evolution Of International Legal Standards, Daniel D. Bradlow, Megan S. Chapman Jan 2011

Public Participation And The Private Sector: The Role Of Multilateral Development Banks In The Evolution Of International Legal Standards, Daniel D. Bradlow, Megan S. Chapman

Articles in Law Reviews & Other Academic Journals

This paper systematically describes the public participation standards currently applied by multilateral development banks (MDBs) to the private sector and seeks to identify emerging trends and areas for further development or improvement. It begins by outlining the developing body of international law on public participation and its relationship to good development practice. Thereafter, the paper describes the two principle models for standards attached to MDB funding and assistance to the private sector: (1) the World Bank policies applicable to the public sector; and (2) the International Finance Corporation (IFC) standards that are applicable to the private sector and how these …


Sovereignty, Accountability, And The Wealth Fund Governance Conundrum, Anna Gelpern Jan 2011

Sovereignty, Accountability, And The Wealth Fund Governance Conundrum, Anna Gelpern

Articles in Law Reviews & Other Academic Journals

Sovereign wealth funds – state-controlled transnational portfolio investment vehicles – began as an externally imposed category in search of a definition. SWFs from different countries had little in common and no particular desire to collaborate. But SWFs as a group implicated the triple challenge of securing cooperation between deficit and surplus states, designing a legal framework for global capital flows, and integrating state actors in the transnational marketplace. This Article describes how an apparently artificial grouping of investors, made salient by the historical and political circumstances of their host states in the mid-2000s, became a vehicle for addressing some of …


Transparency And The Expansion Of The Wto Mandate, Padideh Ala'i Jan 2011

Transparency And The Expansion Of The Wto Mandate, Padideh Ala'i

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Inter-American System, Claudia Martin Jan 2011

Inter-American System, Claudia Martin

Articles in Law Reviews & Other Academic Journals

No abstract provided.


'Accountability' As 'Legitimacy': Global Governance, Global Civil Society And The United Nations, Kenneth Anderson Jan 2011

'Accountability' As 'Legitimacy': Global Governance, Global Civil Society And The United Nations, Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

This essay is a contribution to a symposium on international NGO accountability. It distinguishes between "internal" accountability for NGOs (fiduciary standards, fiscal and internal governance controls, etc.) and "external" accountability (the legitimacy with which they act in the international world, and the legitimacy which they confer upon others, and why). The essay focuses upon the latter, external accountability, and argues that the transformation of international NGOs into "global civil society" signaled an ideological move with regards to legitimacy in the global community, one which asserted claims of "representativeness" and not merely interest or expertise. The essay criticizes this legitimacy move, …


Earned Sovereignty: The Future Of Sovereignty-Based Conflict Resolution, Paul Williams Jan 2011

Earned Sovereignty: The Future Of Sovereignty-Based Conflict Resolution, Paul Williams

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Migratory Connectivity And The Conservation Of Migratory Animals, David Hunter Jan 2011

Migratory Connectivity And The Conservation Of Migratory Animals, David Hunter

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The Evolution Of Operational Policies And Procedures At International Financial Institutions: Normative Significance And Enforcement Potential, Daniel D. Bradlow, Andria Naude Fourie Jan 2011

The Evolution Of Operational Policies And Procedures At International Financial Institutions: Normative Significance And Enforcement Potential, Daniel D. Bradlow, Andria Naude Fourie

Articles in Law Reviews & Other Academic Journals

The exact contours of international organizations’ (IO) responsibility have not yet been clearly defined. While IOs – and international financial institutions (IFIs) in particular – have in the past avoided drawing those contours in more certain terms, this position is slowly changing: IFIs have been changing expectations about their standards of conduct, as reflected in their evolving operational policies and procedures (OP&P). This report provides an overview of the content, formulation, adoption, amendment and enforcement of OP&P at multilateral development banks (MDB) (a subset of IFIs). It highlights the impact of three developments that are strengthening the normative significance and …