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Full-Text Articles in Law
Race-Based Affirmative Action And International Law, Jordan J. Paust
Race-Based Affirmative Action And International Law, Jordan J. Paust
Michigan Journal of International Law
International law, which is part of the supreme law of the United States, provides significant affirmation of the legal propriety of race-based affirmative action. At least two human rights treaties ratified by the United States are particularly useful in identifying the acceptability of certain measures of affirmative action as well as the duty to take special and concrete measures of affirmative action in certain circumstances. Such a duty is not merely based in supreme federal law, relevant to decision-making at federal and state levels, but is also contained in federal policy relevant to the constitutional precept of federal preemption. Treaty-based …
Article 36 Of The Vienna Convention On Consular Relations: A Search For The Right To Consul, Mark J. Kadish
Article 36 Of The Vienna Convention On Consular Relations: A Search For The Right To Consul, Mark J. Kadish
Michigan Journal of International Law
This paper addresses Article 36 of the Vienna Convention on Consular Relations, a treaty provision which is often violated by the United States.
Two Centuries Of Participation: Ngos And International Governance, Steve Charnovitz
Two Centuries Of Participation: Ngos And International Governance, Steve Charnovitz
Michigan Journal of International Law
This article explores the past and present role of NGOs in international governance. Part One reviews the history of NGO involvement, focusing on the period between 1775 and 1949. It shows how NGO activism helped to engender international organizations. Part Two examines some key issues that arise from the expanding involvement of NGOs. It catalogs the pros and cons of an active NGO role, discusses various functions that NGOs fulfill, and lists ten techniques of NGO participation. Part Two also considers a hypothesis that NGO involvement is cyclical.
The Meaning Of "Advice And Consent": The Senate's Constitutional Role In Treatymaking, Howard R. Sklamberg
The Meaning Of "Advice And Consent": The Senate's Constitutional Role In Treatymaking, Howard R. Sklamberg
Michigan Journal of International Law
This article analyzes the role that the Constitution assigns to the Senate in treatymaking and the implications of this role on the relationship between the President and the Senate. Part I examines the meaning of "advice and consent" in the Treaty Clause. It discusses the origins of the phrase "advice and consent," the history of the drafting of the Treaty Clause, and the implications of the Framers' decision to include the Treaty Clause in Article II of the Constitution.