Law Commons^™

We Want What's Ours: Learning From South Africa's Land Restitution Program (Oxford University Press), Bernadette Atuahene

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http://wewantwhatsours.com

Millions of people all over the world have been displaced from their homes and property. Dispossessed individuals and communities often lose more than the physical structures they live in and their material belongings, they are also denied their dignity. These are dignity takings, and land dispossessions occurring in South Africa during colonialism and apartheid are quintessential examples. There have been numerous examples of dignity takings throughout the world, but South Africa stands apart because of its unique remedial efforts. The nation has attempted to move beyond the more common step of providing reparations (compensation for physical losses) to instead …

Promises And Perils Of New Global Governance: A Case Of The G20 (With C. Kelly), Sungjoon Cho, Claire R. Kelly

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In the wake of the 2008 financial crisis, a new global governance structure emerged. During and subsequent to the crisis, the G20 arose as a coordinating executive among international governance institutions. It set policy agendas, prioritized initiatives and, working through the Financial Stability Board, drew other governance institutions and networks such as the International Monetary Fund, the Basel Committee on Banking Supervision, the Organization of Economic Cooperation and Development, the World Trade Organization, the International Association of Insurance Supervisors and the International Organization of Securities Commissions to set standards, monitor enforcement and compliance, and aid recovery. Its authority cross-cuts regimes …

Vertical Dimensions In The Quality Of Law, Bartram Brown

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No abstract provided.

International Criminal Law: Nature, Origins And A Few Key Issues, Bartram Brown

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The purpose of international criminal law is to establish the criminal responsibility of individuals for international crimes. Public international law is traditionally focused on the rights and obligations of states, and thus is not particularly well suited to this task. It has adapted through a long and slow historical process, drawing upon multiple sources. Many of the chapters in this Handbook explore to some extent the historical development of international criminal law. I will not attempt to summarize that history in detail, but a few historical observations here will help to explain how international criminal law emerged from its sources …

The Relevance Of International Law To The Domestic Decision On Prosecutions For Past Torture, Bartram Brown

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The US, as a champion of human rights abroad, has often been skeptical and even critical when other states have granted de facto amnesty allowing impunity for gross violations of human rights. Nonetheless, some now argue that the US should turn a blind eye to the evidence indicating that under the Bush Administration US government officials formulated and implemented a policy of torture. Naturally, arguments about US national security have been central to the debate. The CIA’s own reports insist that enhanced interrogation techniques have been effective in yielding valuable information vital to the national security of the United States, …

An Identity Crisis Of International Organizations, Sungjoon Cho

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An Identity Crisis of International Organizations Abstract International organizations (IOs) are ubiquitous. More than two hundred IOs touch our everyday lives, ranging banking to flu-shots. However, conventional political scientists seldom pay sufficient attention to IOs which they thoroughly deserve given their contemporary prominence. Because conventional international relations (IR) theories consider IOs as mere passive machineries, they hardly offer a satisfactory explanation on a distinctive mode of IOs’ institutional dynamic, in which a specific IO, as a separate and autonomous organic entity, grows, evolves and eventually makes sense of its own existence. This Essay offers a novel perspective which attempts to …

Depoliticizing Individual Criminal Responsibility, Bartram Brown

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No abstract provided.

Should "Un-American" Foreign Judgments Be Enforced?, Mark D. Rosen

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In an earlier article I demonstrated that American courts are not constitutionally precluded from enforcing foreign judgments based on foreign laws that the Constitution prevents American governments from enacting. (Exporting the Constitution, 53 Emory L. J. 171 (2004)). Consider, for instance, an English defamation judgment based on English law, which is more pro-plaintiff than the First Amendment permits American law to be. I showed that although the English judgment may well be un-American insofar as it come from a non-American polity and reflects political values that are at variance with American constitutional law, neither the judgment itself nor its enforcement …

Prescriptive Authority: Global Markets As A Challenge To National Regulatory System, David J. Gerber

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No abstract provided.

Etat Des Lieux Des Droits De L’Homme, Du Droit International Humanitaire Et Du Droit International Pénal Face Aux Requêtes En «Réparation» Des Grands Crimes De L’Histoire: Bilan Prospectif (In French), Bartram Brown

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No abstract provided.

Barely Borders: Issues Of International Law, Bartram Brown

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No abstract provided.

Reconciling State Sovereignty And Protections For The Internally Displaced, Bartram Brown

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No abstract provided.

The Evolving Concept Of Universal Jurisdiction (Symposium), Bartram Brown

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No abstract provided.

The Internet Is Changing The Public International Legal System, Henry H. Perritt Jr.

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No abstract provided.

International Administrative Law For The Internet: Mechanisms Of Accountability, Henry H. Perritt Jr.

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No abstract provided.

U.S. Objections To The Statute Of The International Criminal Court: A Brief Response, Bartram Brown

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No abstract provided.

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

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No abstract provided.

Nationality And Internationality In International Humanitarian Law, Bartram Brown

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No abstract provided.

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

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No abstract provided.

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

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No abstract provided.

Obscured Visions: Policy, Power, And Discretion In Transnational Discovery, David J. Gerber

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This Essay addresses issues involving the discovery of information located outside the United States. Specifically, it deals with some of the problems created by the lack of appropriate limits on United States discovery procedures. Professor Gerber first analyzes the extent of judicial discretion in the United States in matters concerning extraterritorial discovery. The analysis encompasses the underlying legal bases for the exercise of discretion as well as the political and institutional factors that influence the uses of discretion.

Next, the Essay focuses on the international consequences of the virtually unlimited discretion courts in the United States exercise in discovery matter. …

International Discovery After Aerospatiale: The Quest For An Analytical Framework, David J. Gerber

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No abstract provided.

Beyond Balancing: International Law Restraints On The Reach Of National Laws, David J. Gerber

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No abstract provided.