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Full-Text Articles in Law
Breaking The Genuine Link: The Contemporary International Legal Regulation Of Nationality, Robert D. Sloane
Breaking The Genuine Link: The Contemporary International Legal Regulation Of Nationality, Robert D. Sloane
Faculty Scholarship
The concept of nationality traditionally mediated the relationship between the individual and the state in a bygone era in which international law regarded only the latter as a genuine subject of the law; today, its international legal functions have expanded. Yet, as in the past, it remains unclear whether and how international law limits the otherwise almost plenary competence of states to confer their nationality by their internal laws in a way entitled to international recognition. After the International Court of Justice's ("ICJ") 1955 judgment in Nottebohm, however, lawyers began to express this limit with a kind of doctrinal mantra: …
The Wall And The Law: A Tale Of Two Judgements, Susan M. Akram, S. Michael Lynk
The Wall And The Law: A Tale Of Two Judgements, Susan M. Akram, S. Michael Lynk
Faculty Scholarship
The seminal rulings in 2004 by the International Court of Justice and the Israeli High Court on the legality of the wall/barrier that Israel is building through the occupied West Bank and East Jerusalem provide a study in contrast. While both judgements were critical of the wall/barrier, their judicial approaches and legal conclusions were strikingly divergent, particularly given that the two courts were purporting to rely upon the same principles of international law. The judgements also elicited quite different political and diplomatic reactions, especially among the parties most involved in the Israel/Palestine conflict. This article explores the legal analysis and …
Measures Necessary To Ensure: The Icj's Provisional Measures Order In Avena And Other Mexican Nationals, Robert D. Sloane
Measures Necessary To Ensure: The Icj's Provisional Measures Order In Avena And Other Mexican Nationals, Robert D. Sloane
Faculty Scholarship
This article analyzes the provisional measures order of the International Court of Justice (ICJ) in Avena and Other Mexican Nationals, the first provisional measures order issued by the ICJ after its decision in LaGrand holding that such orders have binding effect. After reviewing the background to Mexico's action, the article focuses on Avena's place in the Court's provisional measures jurisprudence, its international legal significance, its potential effects, if any, on the ICJ's perceived institutional legitimacy and authority, and its legal and political consequences for the United States. In particular, the article examines the domestic legal implications of the Court's order …