Law Commons^™

The 1996 Hague Convention On The Protection Of Minors: What Changes Would Have To Be Made In United States Law In Order To Ratify The Convention, Robert Spector

Robert G. Spector

No abstract provided.

Princípios-Tópicos De Hermenêutica Constitucional, Paulo Ferreira Da Cunha

Paulo Ferreira da Cunha

Houve tempo em que a Constituição servia para poisar ou charuto ou tirar um argumento político, como ironicamente afirmaria o grande escritor oitocentista Eça de Queiroz. Hoje a Constituição é a norma das normas. Daí há consequências hermenêuticas. Ao contrário das teorias que importam interpretação tradicional e, por vezes, em grande medida ultrapassada, para o Direito Constitucional, a tendência actual é a inversa: dada a supremacia da Constituição, deve ser a metodologia constitucional a exportar hermenêutica para o todo do Direito. Para isso, começamos neste artigo com grandes princípios de hermenêutica intra-constitucional. Depois se passará à exportação.

Should Or Must? Nature Of The Obligation Of States To Use Trade Instruments For The Advancement Of Environmental, Labor, And Other Human Rights, Stephen Powell

Stephen Joseph Powell

States have been careful to couch their human rights commitments in terms that avoid binding and measurable actions to ensure the human rights either of their own citizens or those in other countries. Despite the promise of a dozen U.N. treaties, states continue to equivocate as to measures necessary to meet critical individual needs. This essay argues that, nonetheless, the question whether economically powerful states may be held to human rights observance is not solely moral in nature. Instead, through a combination of treaties, custom, and historical facts, the human rights obligation of developed states has taken on penumbral legal …

Global Justice And The Bretton Woods Institutions, Frank J. Garcia

Frank J. Garcia

The Economic State Of International Financial Services And Its Socio-Economic Impact, William Byrnes

William H. Byrnes

No abstract provided.

Weshalb Die Uno Ein Parlament Braucht, Beat Habegger

Beat Habegger

No abstract provided.

Harmony And Diversity In Private International Law, Robert Spector

Robert G. Spector

No abstract provided.

The U.S.-Ec Dispute Over Customs Matters: Trade Facilitation, Customs Unions, And The Meaning Of Wto Obligations, Daniel H. Erskine

Daniel H. Erskine

The article addresses a current WTO dispute between the United States and the European Communities on selected customs matters. The article discusses the necessity for a uniform WTO agreement on trade facilitation, as well as analyzes the apparent inconsistency between the General Agreement on Tariffs and Trade (GATT) Article X’s mandate for WTO Members to uniformly, impartially, and reasonably administer municipal customs laws and Article XXIV’s allowance of individual members of a customs union to substantially apply common commercial regulations and laws in relation to non-members of the customs union. The article concludes that an agreement between WTO Members on …

The Hague Convention On Child Support And Other Forms Of Family Maintenance: Divergent Private International Law Rules And The Limits Of Harmonization, Robert Spector

Robert G. Spector

No abstract provided.

Is The Hierarchical Structure Of Articles 31 And 32 Of The Vienna Convention Real Or Not? Interpreting The Rules Of Interpretation, Ulf Linderfalk

Ulf Linderfalk

In the practice of modern international law, if a certain understanding is advanced as the correct interpretation of a treaty provision, the proposition is assessed using the rules of interpretation laid down in the 1969 Vienna Convention on the Law of Treaties, Articles 31–33. This article is concerned with the relationship held in such an interpretation process between the preparatory work of a treaty – described as a supplementary means of interpretation in Article 32 – and the three primary means of interpretation that can be used by an interpreter citing Article 31. Judged by the wordings of Articles 31 …

Foreign Direct Investment, Investment Treaty Arbitration And The Rule Of Law, Susan Franck

Susan D. Franck

In the last decade, there has been a surge in the number of multi-lateral and bilateral investment treaties governments have signed; meanwhile there have been dramatic increases in the amount of foreign direct investment (FDI); and, more recently, the number of claims brought under investment treaties has spiked. This Article examines the relationship amongst these factors and is the first to review the emerging empirical economic literature investigating whether investment treaties achieve their goal of promoting FDI. The Article then specifically evaluates the impact that the procedural right to arbitrate investment claims plays in the process of promoting FDI and …

Empirically Evaluating Claims About Investment Treaty Arbitration, Susan Franck

Susan D. Franck

With the blossoming of empirical legal scholarship, there is an increased appreciation for the insights it offers issues of international importance. One area that can benefit from such inquiry is the resolution of disputes from investment treaties, which affects international relations, implicates international legality of domestic government conduct, and puts millions of taxpayer dollars at risk. While suggesting there has been a litigation explosion, commentators make untested assertions about investment treaty disputes. Little empirical work transparently explores this area, however. As the first research that explains its methodology and results, this article is a modest attempt to evaluate claims about …

An Empirical Analysis Of Investment Treaty Awards, Susan Franck

Susan D. Franck

No abstract provided.

Biological Resources, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.

Deportation Nation: Outsiders In American History, Daniel Kanstroom

Daniel Kanstroom

The danger of deportation hangs over the head of virtually every noncitizen in the United States. In the complexities and inconsistencies of immigration law, one can find a reason to deport almost any noncitizen at almost any time. In recent years, the system has been used with unprecedented vigor against millions of deportees.

We are a nation of immigrants--but which ones do we want, and what do we do with those that we don’t? These questions have troubled American law and politics since colonial times.

Deportation Nation is a chilling history of communal self-idealization and self-protection. The post-Revolutionary Alien and …

Melting Moments: The Future Of Polar Oceans Governance In A Warming World, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.

The Effect Of Jus Cogens Norms: Whoever Opened The Pandora’S Box, Did You Think About The Consequences?, Ulf Linderfalk

Ulf Linderfalk

This article forms a contribution to the ongoing scholarly debate on the possible effect of jus cogens norms. For the purpose of the article, it is assumed that peremptory norms certainly exist in positive international law. According to the argument, even if we limit the effects of jus cogens norms to those described in the 1969 Vienna Convention, the jus cogens concept takes us farther than most commentators seem to realize. This is due partly to the power potential invested in the jus cogens concept, partly to the intricate structure typical of legal norms. In fact, as argued in this …

Tax And Terrorism: A New Partnership?, Michelle Gallant

Michelle Gallant

The global chase for terrorist assets has shed light on a link between tax and terrorism. Tax havens have been associated with terrorist finance, identified as potential centres for filtrating terrorist assets and for enabling the cross-border movement of the resources destined for terrorist enterprises. Complex multi-jurisdictional financial transactions have become the venues for the merger of terrorist finance with other mobile capital, its criminally ordained purpose hidden midst the convolutions of international tax and related transactions.

To many the mechanics of tax is an inaccessible subject. It consists of a complex matrix of laws best left to the professional …

The Eu's New Impact On American Environmental Regulation, David Wirth

David A. Wirth

Due to its increasing size and growing regulatory momentum, the European Union is quickly becoming an alternative power center to the United States in the field of environmental policy. Within the past several years, there has consequently been an emerging and discernible trend of EU policy and law on the environmental laws and policy of United States. This piece explores the new European chemicals legislation on Registration, Evaluation, and Authorization of Chemicals (REACH) as one example of this back impact. Because REACH will affect virtually all multinational corporations, its impacts will be global, including the United States. The article explores …

Developing Countries And Emergency Safeguard Measures In World Trade Law, Elenor Lissel

Elenor Lissel

No abstract provided.

Contempt, Counsel And The Right To An Effective Defence: Commentary, Rosemary Rayfuse

Rosemary Rayfuse

No abstract provided.

Sanctions For Frivolous Challenges To Arbitration Awards, Susan Franck

Susan D. Franck

No abstract provided.

International Human Rights Law: An Introduction, Connie De La Vega, David S. Weissbrodt

Connie de la Vega

For more than half a century, the world community has sought to codify a series of fundamental precepts intended to prevent such abuses of human rights as torture, discrimination, starvation, and forced eviction. The United Nations, other international organizations, regional institutions, and governments have developed various procedures for protecting against and providing remedies for human rights violations. International Human Rights Law is a comprehensive introductory treatise, intended for all concerned about this critical area of international law, including students, lawyers, other advocates, teachers, and academics. The book comprises three sections: an overview of the development of human rights as a …

Ceding The High Ground: The Iraqi High Criminal Court Statute And The Trial Of Saddam Hussein, M. Bassiouni, Michael W. Hanna

M. Cherif Bassiouni

No abstract provided.

Evolving Approaches To Jihad: From Self-Defense To Revolutionary And Regime-Change Politicial Violence, M. Bassiouni

M. Cherif Bassiouni

No abstract provided.

Förvaltningsrättslig Jurisdiktion [Administrative Law Jurisdiction], Vilhelm Persson

Vilhelm Persson

Public international law and EU-law sets limits to states’ exercise of jurisdiction. However, within these limits states are free to exercise jurisdiction both to adjudicate and to prescribe rules. In Sweden ¬– as in other states – jurisdiction has been less examined in connection to administrative law than to criminal or private law. This leaves the limits of the jurisdiction to be determined by case law. In principle there are differences between jurisdiction to adjudicate and to prescribe. However, in public law they are closely connected. It is therefore acceptable that they sometimes are dealt with together. Further, administrative acts …

Chasing 'Enemy Combatants' And Circumventing International Law: A License For Sanctioned Abuse, Peter J. Honigsberg

Peter J Honigsberg

In 1944, in Korematsu v. United States, the Supreme Court made a major error in judgment. It ruled that the executive may forcibly remove over 110,000 Japanese Americans from their homes and relocate them in American detention camps. In two recent Supreme Court cases, Hamdi v. Rumsfeld and Hamdan v. Rumsfeld, the court made similar errors in judgment by accepting the administration's term "enemy combatant." The Supreme Court's errors were compounded when Congress passed the Military Commissions Act of 2006 in October, 2006, statutorily defining the term enemy combatant for the first time. By acknowledging the term enemy combatant, the …

Considering Global Democracy: An Introduction To The Symposium: Envisioning A More Democratic Global System, Andrew L. Strauss

Andrew L. Strauss

No abstract provided.

Envisioning A U.S. Government That Isn't 84% Male: What The United States Can Learn From Sweden, Rwanda, Burundi, And Other Nations, Nancy E. Millar

Nancy E Millar

No abstract provided.

The Case For Reclaiming European Unfair Competition Law From Europe’S Consumer Lawyers, Christopher Wadlow

Christopher Wadlow

No abstract provided.