Law Commons^™

American Lawyers And International Competence, Charlotte Ku, Christopher J. Borgen

Charlotte Ku

Just over ten years ago, Germans tore down a wall that divided their country and the whole of Europe. Stepping through the hole in the Berlin Wall, they took the first steps towards the reunification of West and East Germany and the end of the Cold War. Today another wall is being torn down—that between purely domestic law and international law. Companies are engaged in international trade at ever increasing rates. Environmental degradation has proved to be a global problem that cannot be solved with uncoordinated local measures. Individuals worldwide are pressing their governments for the recognition of a common …

Convergence And Divergence In International Economic Law And Politics, Sungjoon Cho, Jürgen Kurtz

Sungjoon Cho

Teaching International Law: Beyond The Law School Experience, Charlotte Ku

Charlotte Ku

As teachers, it is perhaps natural for us to think about teaching in the classroom context, although this panel is demonstrating the teaching opportunities that may exist outside of a single course or courses in international law.

Communitizing Transnational Regulatory Concerns, Sungjoon Cho, Cecilia M. Suh, Jacob Radecki

Sungjoon Cho

The International Criminal Court In Africa: Impartiality, Politics, Complementarity And Brexit, Bartram Brown

Bartram Brown

Sex Trafficking Of Women Around U.S. Military Bases In South Korea: Impact Of New U.S. Laws And Policies Since 2000, Amy Levesque, Donna M. Hughes Dr.

Donna M. Hughes

The Limits Of Isomorphism: Global Investment Law And The Asean Investment Regime, Sungjoon Cho, Jurgen Kurtz

Sungjoon Cho

Measuring State Compliance With The Right To Education Using Indicators: A Case Study Of Colombia’S Obligations Under The Icescr, Sital Kalantry, Jocelyn Getgen, Steven A. Koh

Sital Kalantry

The right to education is often referred to as a “multiplier right” because its enjoyment enhances other human rights. It is enumerated in several international instruments, but it is codified in greatest detail in the International Covenant on Economic, Social and Cultural Rights (ICESCR). Despite its importance, the right to education has received limited attention from scholars, practitioners, and international and regional human rights bodies as compared to other economic, social and cultural rights (ECSRs). In this Article, we propose a methodology that utilizes indicators to measure treaty compliance with the right to education. Indicators are essential to measuring compliance …

The Status Of Soldiers And Terrorists Under The Geneva Conventions, John C. Yoo

John C Yoo

Outlines the legal case for denying Geneva Convention protection to Taliban and al Qaeda detainees in the U.S. Difference between U.S. policy towards Iraq detainees and the policy towards Taliban and al Qaeda; Impact of the Geneva Convention on the U.S. goal of effective acquisition of intelligence from the interrogation of detainees; Incentives and disincentives of the enforcement of international law; Comparison of the legal rights of members of al Qaeda and the Taliban militias from professional soldiers; Customary laws governing war combatants and civilians.

Political Community In Carl Schmitt's International Legal Thinking, Markus Gunneflo

Markus Gunneflo

Reconciling Positivism And Realism: Kelsen And Habermas On Democracy And Human Rights, David Ingram

David Ingram

It is well known that Hans Kelsen and Jürgen Habermas invoke realist arguments drawn from social science in defending an international, democratic human rights regime against Carl Schmitt’s attack on the rule of law. However, despite embracing the realist spirit of Kelsen’s legal positivism, Habermas criticizes Kelsen for neglecting to connect the rule of law with a concept of procedural justice (Part I). I argue, to the contrary (Part II), that Kelsen does connect these terms, albeit in a manner that may be best described as functional, rather than conceptual. Indeed, whereas Habermas tends to emphasize a conceptual connection between …

The Constitution Of Belarus: A Good First Step Towards The Rule Of Law, Gary M. Shaw

Gary M. Shaw

No abstract provided.

Sexual Violence Against Men And Women In War: A Masculinities Approach, Valorie K. Vojdik

Valorie K. Vojdik

No abstract provided.

Rights Of Adolescent Girls In India: A Critical Look At Laws And Policies, Saumya Uma

Dr. Saumya Uma

Strengthening Judicial Independence In The New Constitutional Democracies Of Central And Eastern Europe, Hon. John M. Walker Jr., Daniel Schuker

Daniel Schuker

No abstract provided.

Sex And Hiv Disclosure, Aziza Ahmed, Beri Hull

Aziza Ahmed

No abstract provided.

Instituições, Trabalho E Pessoas, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Os especialistas em doenças terminais sabem que ninguém tem saudades, quando abandona a vida, do trabalho que não fez. Tem saudades sim do tempo que não passou com familiares e amigos. A sociedade contemporânea, e algumas instituições "totais" estão a potenciar até ao expoente demencial a exploração e a despersonalização dos trabalhadores, designadamente proletarizando técnicos superiores e técnicos pensantes que, sem ócio criativo, deixarão de criar. É uma crise civilizacional, nada menos.

Heinrich Kronstein And The Development Of United States Antitrust Law, David J. Gerber

David J. Gerber

No abstract provided.