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Articles 1 - 10 of 10
Full-Text Articles in Law
Rethinking Free Trade, Fernando L. Leila
Rethinking Free Trade, Fernando L. Leila
Cornell Law School Inter-University Graduate Student Conference Papers
This paper examines the present theories and shortcomings of current free trade policy, and the consequences thereof, which promote protectionist behavior among countries on an international scale. Theoretically, free trade should encourage progress within the global community. However, developing countries, with astonishing growth rates, like Brazil, China or India, have based their economies on opposing economic policies, closer to mercantilism than liberalization or free trade, allowing for poor countries to question whether free trade is the right way to improve their economies. Furthermore, a huge gap exists between what developed countries preach and what they practice, presenting a major obstacle …
Do We Need National Human Rights Institutions?: The Experience Of Korea, Buhm-Suk Baek
Do We Need National Human Rights Institutions?: The Experience Of Korea, Buhm-Suk Baek
Cornell Law School J.S.D. Student Research Papers
Korea has experienced a drastic transformation in the "rule of law." During the colonization era, it was nearly impossible for Koreans to foster appropriate human rights. The Korean War further seriously damaged the human rights consciousness in Korea. Military governments ruled the country for 30 years, and it was not until the end of the 1980s that democracy returned. In 1998, Dae-Jung Kim who has been persecuted under the former military regime, was elected President and now exemplifies the progression of Korea "from a victim of human rights violations to a human rights leader." Following President Dae-Jung Kim's election promises …
Migrant Domestic Workers In Egypt: A Case Study Of The Economic Family In Global Context, Chantal Thomas
Migrant Domestic Workers In Egypt: A Case Study Of The Economic Family In Global Context, Chantal Thomas
Cornell Law Faculty Publications
This Essay links a particular legal case study with a broader set of questions about the "family" in a global political and economic context. Part I clarifies the analytic links between the household, the market, and globalization. By studying Egypt, the Essay focuses on one part of this global sociolegal continuum and draws out the special significance of transnational background rules and conditions for the "developmental state." Part II presents the legal framework affecting labor conditions of sub-Saharan African asylum-seekers who are migrant domestic workers in Egypt, and particularly the legal framework that affects their ability to bargain in securing …
Promise Against Peril: Of Power, Purpose, And Principle In International Law, Robert C. Hockett
Promise Against Peril: Of Power, Purpose, And Principle In International Law, Robert C. Hockett
Cornell Law Faculty Publications
I take two recent monographs on international law – Mary Ellen O’Connell’s "The Power and Purpose of International Law," and Eric Posner’s "The Perils of Global Legalism," as case studies in a more general inquiry into the role of the "rule of law" ideal in domestic and international law. I argue that international and domestic law alike give varyingly explicit and effective expression to the rule of law ideal, and that the task before us is accordingly steadily to improve their effectiveness in so doing, not to pretend that there is no role for this ideal to play in interpreting …
Counterfeit Conspiracy: The Misapplication Of Conspiracy As A Substantive Crime In International Law, Taylor R. Dalton
Counterfeit Conspiracy: The Misapplication Of Conspiracy As A Substantive Crime In International Law, Taylor R. Dalton
Cornell Law School J.D. Student Research Papers
In the International Criminal Tribunal for Rwanda (ICTR) case Prosecutor v. Musema, the trial chamber held that an individual can be found guilty solely for the crime of conspiracy to commit genocide even if no genocide takes place. The trial chamber found its jurisdiction to punish the crime of conspiracy under its establishing statute, but looks almost exclusively at national legal traditions to determine its content. It cites no other international law supporting its decision to incorporate domestic concepts into the crime. In contrast, the Rome Statute of the International Criminal Court, which relatively recently entered into force, seems to …
Russia & Legal Harmonization: An Historical Inquiry Into Ip Reform As Global Convergence And Resistance, Boris N. Mamlyuk
Russia & Legal Harmonization: An Historical Inquiry Into Ip Reform As Global Convergence And Resistance, Boris N. Mamlyuk
Cornell Law Faculty Working Papers
This Article examines several waves of intellectual property (IP) regulation reform in Russia, starting with a specific examination into early Soviet attempts to regulate intellectual property. Historical analysis is useful to illustrate areas of theoretical convergence, divergence and tension between state ideology, positive law, and “law in action.” The relevance of these tensions for post-Soviet legal reform may appear tenuous. However, insofar as IP enforcement has been one of the largest hurdles for Russia’s prolonged accession to the WTO, these historical precedents may help to explain the apparent theoretical or political disconnect between the WTO and Russia. If Russian policymakers …
Enhancing Enforcement Of Economic, Social, And Cultural Rights Using Indicators: A Focus On The Right To Education In The Icescr, Sital Kalantry, Jocelyn E. Getgen, Steven A. Koh
Enhancing Enforcement Of Economic, Social, And Cultural Rights Using Indicators: A Focus On The Right To Education In The Icescr, Sital Kalantry, Jocelyn E. Getgen, Steven A. Koh
Cornell Law Faculty Publications
Nearly fifteen years ago, Audrey Chapman emphasized the importance of ascertaining violations of the International Covenant on Economic, Social and Cultural Rights (ICESCR) as a means to enhance its enforcement. Today, this violations approach is even more salient given the recent adoption of the Optional Protocol to the ICESCR. This article focuses on the right to education in the ICESCR to illustrate how indicators can be employed to ascertain treaty compliance and violations. Indicators are important to enforcing economic, social, and cultural rights because they assist in measuring progressive realization. The methodology that we propose calls for: 1) analyzing the …
The Torture Lawyers, Jens David Ohlin
The Torture Lawyers, Jens David Ohlin
Cornell Law Faculty Publications
One of the longest shadows cast by the Bush Administration’s War on Terror involves the fate of the torture lawyers who authored or signed memoranda regarding torture or enhanced interrogation techniques against detainees. Should they face professional sanction or even prosecution for their involvement? The following Article suggests that their fate implicates some of the deepest questions of criminal law theory and that resolution of the debate requires a fundamental reorientation of the most important areas of justifications and excuses. First, the debate about torture has been overly focused on justifications for torture. This can be explained in part by …
Globalization And The Border: Trade, Labor, Migration, And Agricultural Production In Mexico, Chantal Thomas
Globalization And The Border: Trade, Labor, Migration, And Agricultural Production In Mexico, Chantal Thomas
Cornell Law Faculty Publications
The debate over immigration policy in the United States has reached a crescendo in recent years, with particular concern over illegal workers and their impact on social well-being in this country. Yet in the prevailing analysis of this issue, the relationship between immigration and contemporary international trade policy is often overlooked. In particular, few commentators recognize or understand that a significant part of the surge in illegal labor from Mexico--the source of the majority of undocumented workers in the United States—stems from reforms that Mexico undertook in cooperation with the United States to liberalize trade flows across the Mexico-United States …
Undocumented Migrant Workers In A Fragmented International Order, Chantal Thomas
Undocumented Migrant Workers In A Fragmented International Order, Chantal Thomas
Cornell Law Faculty Publications
This Paper tries to show the effects of a central challenge of contemporary global governance: the "interaction between normative orders that are fundamentally different in their underlying conceptual structure." The argument is that the dynamics of globalization create and accentuate particular social phenomena as well as efforts towards coordinated regulation of these phenomena, but that the latter are far from sufficient to meet the former. A further assertion is that global relations and distributions of power determine the operation of this fragmented framework. Social vulnerability is reflected in and reinforced by it. As such, the undocumented migrant worker challenges, in …