Law Commons^™

Of Solemn Oaths And Obligations: The Environmental Impact Of The Icj’S Decision In The Case Of The Gabcikovo-Nagymaros Project, Stephen Stec, Gabriel Eckstein

Faculty Scholarship

Chapter Extract:

The law of treaties often conjures up images of states as rotund gentlemen with whiskers, vests, and watch-chains proclaiming solemn and chivalric oaths upon their honour. Treaties are sacred in the same way that a man's word is his bond. This type of relationship among states is largely unquestioned since much of the way we live in the world depends upon the assumption of the inviolability of sovereign states and their treaties. Any challenge to these assumptions would surely evoke horror at the unmentionable void that would result-except in lawyers who make their livings shaving nuances. However, in …

Why Clinton Should Pardon Pollard – Now, Kenneth Lasson

All Faculty Scholarship

No abstract provided.

Book Review: Lillich & Magraw Eds., The Iran-United States Claims Tribunal: Its Contribution To The Law Of State Responsibility, Charles H. Brower Ii

Law Faculty Research Publications

No abstract provided.

Infinity Within The Brackets, Annelise Riles

Cornell Law Faculty Publications

The ethnographic subjects of this article are UN-sponsored international conferences and their legal documents. Drawing upon fieldwork among Fiji delegates at these conferences, in this article I demonstrate the centrality of matters of form, as distinct from questions of “meaning,” in the negotiation of international agreements. A parallel usage of documents and of mats among Fijian negotiators provides a heuristic device for exploring questions of pattern and scale in the aesthetics of negotiation.

Globalizing Intellectual Property: Linkage And The Challenge Of A Justice-Constituency, Samuel K. Murumba

Faculty Scholarship

No abstract provided.

China's Conception Of Law For Hong Kong, And Its Implications For The Sar And Us-Prc Relations, Jacques Delisle

All Faculty Scholarship

No abstract provided.

Pollard Case Is One For The Legal Books, Kenneth Lasson

All Faculty Scholarship

Jonathan Pollard, the former Navy intelligence analyst who was convicted of passing classified information to Israel, has been behind bars for more than 12 years now. His life sentence - by far the harshest ever meted out for a similar offense - continues to make "equal justice under law" seem like little more than a palsied proverb.

Pollard's actions were clearly misguided and rightly punishable, but should he languish for life in prison while others obviously more perfidious have been set free? Americans who expect fairness in their judicial system should be sorely disillusioned at how grossly disproportionate Pollard's treatment …

Ax-Grinding Politics Leads To Unequal Justice, Kenneth Lasson

All Faculty Scholarship

No abstract provided.

Words Not War: A Letter From The Netherlands, Nancy Amoury Combs

Popular Media

A report from Holland, where "the most significant arbitration body in history" has devoted 16 years to mediating legal matters between two hostile nations: the United States and the Republic of Iran.

The Structure Of Blackstone's Commentaries, Alan Watson

Scholarly Works

Duncan Kennedy's view of Sir William Blackstone's Commentaries on the Laws of England as the first systematic attempt to present a theory of the whole common law system is interesting but wrong. Blackstone himself listed his predecessors, "those who have laboured in reducing our laws to a System": Glanville, Bracton, Britton, the author of Fleta, Fitzherbert, Brook, Lord Bacon, Sir Edward Coke, Dr. Cowell, Sir Henry Finch, Dr. Wood, Sir Matthew Hale. Certainly their arrangements are not free from defects. In particular, as Blackstone pointed out, the arrangement of Fitzherbert and Brook was alphabetical, and Bacon purposely avoided any regular …

A Case Study Of The Hybrid Model For Facilitating Cross-Border Legal Practice: The Agreement Between The American Bar Association And The Brussels Bars, Laurel Terry

Faculty Scholarly Works

This Article will focus on the agreement (“Agreement”) between the American Bar Association (“ABA”) and the French and Dutch Orders of the Brussels Bar (“Brussels Bars”). Section I of this Article provides an overview of the different models used, or approaches to, cross-border practice and places the Agreement in context. Section II chronicles the legislative history of the Agreement, noting the process by which it was developed. Section III contains the analysis of the Agreement, comparing it to other cross-border practice regulation. Section IV addresses the implementation of the Agreement. Finally, Section V offers a summary of the strengths and …

The United States' Approach To International Civil Litigation: Recent Developments In Forum Selection, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

A Preliminary Survey Of Recent International Legal Developments, Sompong Sucharitkul

The Sompong Sucharitkul Center for Advanced International Legal Studies

This year, three different time frames appear to commend themselves for our treatment of international legal developments of considerable importance and far-reaching consequences. The first covers the legal developments in the year 1997-1998. The second embraces continuing growth and progress made in the international legal fields within the United Nations Decade of International Law, that is from the year 1990 until today. The third and last is the half-century mark, dating back to 194 7-1948.

Book Review (Reviewing, Richard N. Haas, The Reluctant Sheriff: The United States After The Cold War, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

The Internet As A Threat To Sovereignty? Thoughts On The Internet's Role In Strengthening National And Global Governance, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

The Internet Is Changing International Law, Henry H. Perritt Jr.

All Faculty Scholarship

No abstract provided.

Dynamic Treaty Interpretation, Michael P. Van Alstine

Faculty Scholarship

No abstract provided.

"Intensional Contexts" And The Rule That Statutes Should Be Interpreted As Consistent With International Law, John M. Rogers

Law Faculty Scholarly Articles

Striving for consistency—for consistency, that is, properly understood—must characterize legal reasoning in order for the reasoning to deserve to be called "legal." It may conceivably be "good" or "moral" for identically situated persons to be treated differently by institutions with power, but doing so can hardly be called "legal." Very careful attention must be given, of course, to what is meant by "identically situated," as no two different persons can be 100% identically situated. Their names, for instance, are different. By identical, we must mean no relevant distinction, or no distinction that serves a purpose that we can articulate and …

Global Rights, Local Wrongs, And Legal Fixes: An International Human Rights Critique Of Immigration And Welfare "Reform", Berta E. Hernández-Truyol, Kimberly A. Johns

UF Law Faculty Publications

The United States enjoys a lofty reputation worldwide as the land of opportunity and dreams, the welcoming home to all who want to be free, the brave new world that embraces huddled masses and offers them limitless possibilities to find freedom, liberty, and happiness. In marked juxtaposition to this welcomeness narrative is the counter-narrative of historic exclusion evidenced by the harsh description of these "huddled masses, yearning to breathe free" as "wretched refuse." Indeed, to describe some immigrants as "wretched refuse" manifests that Lady Liberty's welcome is, at best, highly selective and, at worst, patently discriminatory. The irony, of course, …

Harmonizing The Law Governing Secured Credit: The Next Frontier, Neil B. Cohen

Faculty Scholarship

No abstract provided.

Strengthening The Inter-American Human Rights System: The Current Debate, Claudio Grossman

Articles in Law Reviews & Other Academic Journals

No abstract provided.

Enforcing Judgments Abroad: The Global Challenge: Introduction, Maryellen Fullerton

Faculty Scholarship

No abstract provided.

Representing Foreign Nationals: Emerging Importance Of The Vienna Convention On Consular Relations As A Defense Tool, John Cary Sims, Linda E. Carter

McGeorge School of Law Scholarly Articles

No abstract provided.

Normative Framework Of International Humanitarian Law: Overlaps, Gaps, And Ambiguities, M. Bassiouni

College of Law Faculty

No abstract provided.

Normative Framework Of International Humanitarian Law: Overlaps, Gaps, And Ambiguities, M. Bassiouni

College of Law Faculty

No abstract provided.

The Preservation And Transmission System For The Intangible Cultural Properties Of The Republic Of Korea, Office Of Cultural Properties

Protection of Cultural Property in the Event of Armed Conflict

No abstract provided.

Nationality And Internationality In International Humanitarian Law, Bartram Brown

All Faculty Scholarship

No abstract provided.

Primacy Or Complementarity: Reconciling The Jurisdiction Of National Courts And International Criminal Tribunals, Bartram Brown

All Faculty Scholarship

No abstract provided.

Industrial Espionage As Unfair Competition, Robert L. Tucker

Akron Law Faculty Publications

No abstract provided.

Unification Of Private Law And Codification Of International Law, Sompong Sucharitkul

Publications

Unification of private law is principally a task undertaken by the Institute for the Unification of Private Law (UNIDROIT), while the codification and progressive development of international law constitute the dual function of the International Law Commission (ILC). The purpose of this brief essay is to illustrate how in several areas and in more aspects than one, the activities of UNIDROIT and the achievements of the Commission can be found in the same or similar, if not indeed identical, overlapping areas of study.

It is not intended to attempt a comprehensive survey of past performance and experience of the two …