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Full-Text Articles in Law

The Forms Of International Law, Joseph W. Dellapenna Aug 2011

The Forms Of International Law, Joseph W. Dellapenna

Working Paper Series

For those who are not familiar with international law, just what it is or how it operates is often a puzzle. Some will doubt whether there even is such a thing, or, as it is often put, whether international law really is law. To answer this question, one must consider the forms that international law takes and how it functions. This analysis begins with a consideration of how law works in general and then proceeds to examine international law to consider how it resembles and how it differs from the law most people—lawyers and non-lawyers alike—are familiar with. Much international …


The Role Of International Law And Practice In Addressing International Tax Issues In The Global Era, Charles H. Gustafson Jan 2011

The Role Of International Law And Practice In Addressing International Tax Issues In The Global Era, Charles H. Gustafson

Villanova Law Review

The article discusses the role of international law and practice in deciphering complex international tax policy and administration issues as of July 2011. An August 2009 deal between the U.S. and Switzerland, known as the U.S.-Swiss Agreement, is also mentioned. The international law of jurisdiction is examined as it relates to the issue of double taxation.


Symposium Introduction, Stephen Yale-Loehr Jan 2011

Symposium Introduction, Stephen Yale-Loehr

Villanova Law Review

A profile of law professor and author John F. Murphy is presented, including information on his educational background, his teaching experience at institutions such as the Naval War College in Newport, Rhode Island, and his authorship of several books and monographs. Murphy's selection as a recipient of the 2011 Louis B. Sohn Award for Public International Law is also mentioned.


The European Union After Lisbon: Is The Ugly Duckling A Swan Yet, James D. Dinnage Jan 2011

The European Union After Lisbon: Is The Ugly Duckling A Swan Yet, James D. Dinnage

Villanova Law Review

An essay is presented on the political and social conditions in the European Union (EU) as of July 2011, focusing on the impact felt by the EU from the 2007 signing of the Treaty of Lisbon which amends the Treaty of Maastricht. A historical overview of the EU is presented, as well as information on the requirement that the EU countries abide by the terms of the European Convention on Human Rights.


Autonomy Regimes And International Law, Yoram Dinstein Jan 2011

Autonomy Regimes And International Law, Yoram Dinstein

Villanova Law Review

The article discusses autonomy regimes and international law as of July 2011, focusing on the integration of separate entities into a single political structure, as well as the use of multilateral treaties as a means of creating an autonomy regime. Several autonomous regimes are examined, including the South Tyrol province in Italy.


Deviations From The International Rule Of Law: An Historical Footnote, Arthur T. Downey Jan 2011

Deviations From The International Rule Of Law: An Historical Footnote, Arthur T. Downey

Villanova Law Review

The article discusses the international rule of law as of July 2011, focusing on a historical overview of international affairs including the use of privateer maritime forces, the efforts of the U.S. to codify the international law in regards to maritime warfare, and the impact of the Crimean War on the development of the rule of international law. John F. Murphy's book "The United States and the Rule of Law in International Affairs" is also mentioned.


International Law As Law, Law As A System Of Rule-Governed Conduct, John Lawrence Hargrove Jan 2011

International Law As Law, Law As A System Of Rule-Governed Conduct, John Lawrence Hargrove

Villanova Law Review

The article discusses international law and systems of rule-governed conduct as of July 2011, focusing on the roles of claimants and recalcitrants in a legal system, as well as the international law mechanisms for developing additional rules within a legal system. The views of philosopher John Locke regarding the law are examined, including his idea of a common judge.


The United States And International Law: The United Nations Finds A Home, Mark Weston Janis Jan 2011

The United States And International Law: The United Nations Finds A Home, Mark Weston Janis

Villanova Law Review

An essay is presented on the relationship between the U.S. and the United Nations (UN) as of July 2011, focusing on the commitment of the U.S. to international law and international organization, as well as a historical overview of the UN and its facilities in the U.S. John F. Murphy's book "The United States and the Rule of Law in International Affairs" is also mentioned.


Federalism And U.S. Participation In Intergovernmental Efforts To Unify Private Law, Peter H. Pfund Jan 2011

Federalism And U.S. Participation In Intergovernmental Efforts To Unify Private Law, Peter H. Pfund

Villanova Law Review

The article discusses federalism and the participation of the U.S. in the intergovernmental private law unification process as of July 2011, focusing on the Hague Conference on Private International Law, the role of the U.S. State Department in facilitating changes to state laws in the U.S., and the view of the U.S. towards private international law (PIL) conventions. The United Nations (UN) Commission on International Trade Law (UNCITRAL) is also mentioned.


Cyber Operations And The Jud Ad Bellum Revisited, Michael N. Schmitt Jan 2011

Cyber Operations And The Jud Ad Bellum Revisited, Michael N. Schmitt

Villanova Law Review

The article discusses the international law's governance of cyber operations as of July 2011, focusing on the application of Article 2(4) of the United Nations (UN) Charter and customary international law to cyber operations, as well as the UN Security Council's potential role as an enforcement agency in regards to computer network security threats. The U.S. Cyber Command (USCYBERCOM) is also mentioned.


Private International Law, The Rule Of Law, And Economic Development, David P. Stewart Jan 2011

Private International Law, The Rule Of Law, And Economic Development, David P. Stewart

Villanova Law Review

The article discusses private international law as of July 2011, focusing on the principles of civil law systems, conflict of laws, and jurisdiction. The concept of international judicial assistance, as laid out by the Hague Conference on Private International Law, is also examined. The United Nations Commission on International Trade Law's role as a leader in the field of international commercial arbitration is mentioned.


Rethinking North America: Why Nafta's Laissez Faire Approach To Integration Is Flawed, And What To Do About It, Stephen Zamora Jan 2011

Rethinking North America: Why Nafta's Laissez Faire Approach To Integration Is Flawed, And What To Do About It, Stephen Zamora

Villanova Law Review

An essay is presented on the status of the North American Free Trade Agreement (NAFTA) as of July 2011, focusing on the strong support shown to the international law by European countries as compared to the U.S., as well as the role of regional trade agreements such as NAFTA in furthering the globalization movement. John F. Murphy's book "The United States and the Rule of Law in International Affairs" is also mentioned.


William Howard Taft And The Taft Arbitration Treaties, John E. Noyes Jan 2011

William Howard Taft And The Taft Arbitration Treaties, John E. Noyes

Villanova Law Review

An essay is presented on former U.S. President William Howard Taft, focusing on his views towards international law, the two Taft Arbitration Treaties with France and Great Britain, and his role as Chief Justice of the U.S. Supreme Court. Taft's role as the head of the League to Enforce Peace following his presidency is also examined.