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Articles 1 - 30 of 349
Full-Text Articles in Law
Alteration Of The Contractual Equilibrium Under The Unidroit Principles, Amin Dawwas
Alteration Of The Contractual Equilibrium Under The Unidroit Principles, Amin Dawwas
Pace International Law Review Online Companion
This paper addresses the principles of hardship and specific performance as being unreasonably burdensome or expensive both in terms of their definitions and legal consequences. This paper argues that, in a situation of hardship, the debtor can choose to invoke either the rules of section 6.2 (hardship) or the defense to specific performance under Article 7.2.2-b of the UNIDROIT Principles of International Commercial Contracts (“UNIDROIT Principles”). Yet, while in a situation where performance of the contract becomes “unreasonably burdensome or expensive,” the debtor might only invoke the exception to specific performance under Article 7.2.2(b) of the UNIDROIT Principles.
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 …
Agenda: 2010 World Energy Justice Conference: Emerging Solutions For The Energy Poor: Technological, Entrepreneurial And Institutional Challenges, University Of Colorado Boulder. Center For Energy & Environmental Security, Colorado Journal Of International Environmental Law And Policy
Agenda: 2010 World Energy Justice Conference: Emerging Solutions For The Energy Poor: Technological, Entrepreneurial And Institutional Challenges, University Of Colorado Boulder. Center For Energy & Environmental Security, Colorado Journal Of International Environmental Law And Policy
2010 World Energy Justice Conference (November 5)
This conference is a sequel to the 2009 World Energy Justice Conference (WEJC 2009) which began examining ways of mainstreaming safe, clean, and efficient energy for the world's Energy Poor (EP). The EP number two and a half billion people living on less than $1-2 a day who have no access to modern energy services. WEJC 2010 more fully develops these themes. WEJC 2010 will explore how the next round of global warming meetings in Cancun could design new flexibility mechanisms that give credits, for example, for the reduction of black carbon by the adoption of cookstoves, and embrace small …
Secessions, Coups, And The International Rule Of Law: Assessing The Decline Of The Effective Control Doctrine, Brad R. Roth
Secessions, Coups, And The International Rule Of Law: Assessing The Decline Of The Effective Control Doctrine, Brad R. Roth
Law Faculty Research Publications
Attempted secessions (for example, Kosovo and Somaliland) and coups d'état (for example, Madagascar and Honduras in 2009) prompt contestation over whether or not legal status is to be conferred on local exercises of de facto authority. International legal standing has traditionally been established by victory in a trial by ordeal: a region initially integral to an existing state successfully establishes itself as an independent sovereign unit only where its secession movement creates - usually by decisive victory in an armed struggle -facts on the ground that appear irreversible; an insurgent faction successfully establishes itself as a government where it overthrows …
China’S Arsenal Of Political Persecution - A Double-Edged Sword, Ralph Hua
China’S Arsenal Of Political Persecution - A Double-Edged Sword, Ralph Hua
Pace International Law Review Online Companion
No abstract provided.
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 …
The European Human Rights System, James W. Hart
The European Human Rights System, James W. Hart
Law Librarian Articles and Other Publications
This article presents the historical, organizational, and bibliographic information needed to research the Council of Europe’s regulation of human rights. It begins with an explanation of the reasons for the organization’s founding and then describes its statute, its structure, the Convention for the Protection of Human Rights and Fundamental Freedoms, the history of the changes in the treaty’s procedures, and its enforcement mechanisms. The final section provides similar treatment for another, less well known, of the Council’s human rights treaties, the European Social Charter
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 …
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 …
Can Bilateral Free Trade Agreements Be A Catalyst For Widespread Economic Change: Analyzing The Successes And Failures Of The Us-Omani Fta, Demic Eugene Tipitino
Can Bilateral Free Trade Agreements Be A Catalyst For Widespread Economic Change: Analyzing The Successes And Failures Of The Us-Omani Fta, Demic Eugene Tipitino
Independent Study Project (ISP) Collection
Diversification, a buzzword in the Middle East for much of the past two decades can only be likened to the phrase “dependence on foreign oil” used by American politicians during US elections. And indeed much like the latter has been mentioned by every president since Richard Nixon, it seems as if diversification is being sung in a round by kings presidents and sultans throughout the oil producing nations of the world, but still to no avail. Oman has been trumpeting diversification in five-year plan after five-year plan of which they are currently in their seventh (2006 - 2010) with an …
Bringing War Criminals To Justice And Justice To Victims: Mass Rape In Bosnia-Herzegovina And The Efficiency Of The Icty, Meredith Loken
Bringing War Criminals To Justice And Justice To Victims: Mass Rape In Bosnia-Herzegovina And The Efficiency Of The Icty, Meredith Loken
Independent Study Project (ISP) Collection
This paper investigates if the International Criminal Tribunal for the Former Yugoslavia has been efficient in achieving its main objective of “bringing war criminals to justice [and] bringing justice to victims.” This study explores the historical context by which the ICTY was created, and therefore examines the disintegration of Yugoslavia, focusing specifically on the Bosnian War. During this conflict, rape was employed as a method of warfare; this paper presents a brief theoretical examination of rape as a war weapon and analyzes rape and sexual violence as explicit methods of ethnic cleansing in Bosnia-Herzegovina. It explores the evolution of gender …
Reform Of The United Nations Security Council: A Rope Of Sand, Alice Minor
Reform Of The United Nations Security Council: A Rope Of Sand, Alice Minor
Independent Study Project (ISP) Collection
For nearly two decades the international community has debated how to address reform of the United Nations Security Council. Many argue that it is imperative that the United Nations Security Council be reformed for the body to maintain its relevance and legitimacy in the Twenty-first Century. The original United Nations Charter endowed special voting privileges and permanent membership to the five powers that emerged victorious from World War Two. These five powers no longer describe the international world order. Various reform groups such as the Group of Four, The United for Consensus movement, and the Africa Group have proposed reform …
Protecting Indigenous Identity And Culture In The Modern Nation-State: A Case Study Of The Sami In Norway, Claire Lockerby
Protecting Indigenous Identity And Culture In The Modern Nation-State: A Case Study Of The Sami In Norway, Claire Lockerby
Independent Study Project (ISP) Collection
The plight of indigenous peoples around the world is a serious one, and without significant international action, many valuable cultural and linguistic traditions are in grave danger of disappearing altogether. Many of these indigenous groups have experienced detrimental consequences from the history of slavery, colonialism and imperialism, and the emergence of nation-states that stripped them of their autonomy and greatly threatened their way of life. Today, there are some positive examples of international and national efforts to protect indigenous peoples, but unfortunately, most indigenous populations remain dispossessed and underrepresented. Although the international community has established principles of unalienable human rights, …
Providing Legal Certainty In South America: Can Mercosur Help?, Camilo A. Rodriguez Yong
Providing Legal Certainty In South America: Can Mercosur Help?, Camilo A. Rodriguez Yong
Pace International Law Review Online Companion
The presence of legal certainty within a country’s legal system is a very relevant factor in the foreign investor’s decision to invest in a particular country. It is therefore necessary for countries to develop mechanisms for avoiding or reducing the uncertainty over the law in their legal systems. This article studies the Southern Common Market’s (“MERCOSUR”) structure and function with the purpose of assessing it as a mechanism to offer legal certainty to foreign investors in the region. The analysis is carried out by examining three basic elements of this regional integrationist experience: a) its body of law, b) its …
Iflas And Chapter 11: Classical Islamic Law And Modern Bankruptcy, Abed Awad, Robert E. Michael
Iflas And Chapter 11: Classical Islamic Law And Modern Bankruptcy, Abed Awad, Robert E. Michael
Elisabeth Haub School of Law Faculty Publications
There is no question that the orderly development of Islamic finance will require finding ways to amalgamate the classical Islamic law of bankruptcy with the needs of the modern Islamic finance industry. The unreasonable reliance on ever-expanding opportunities has disappeared along with the global credit markets. It is therefore inescapable that loss scenarios must be dealt with. That in turn means effective bankruptcy laws. We hope this article will help foster the effort.
China And Disability Rights, Michael Ashley Stein
China And Disability Rights, Michael Ashley Stein
Faculty Publications
No abstract provided.
After The Fall: Financial Crisis And The International Order, Robert B. Ahdieh
After The Fall: Financial Crisis And The International Order, Robert B. Ahdieh
Faculty Scholarship
Recent years have challenged the international order to a degree not seen since World War II — and perhaps the Great Depression. As the U.S. housing crisis metastasized into a financial and economic crisis of grave proportions, and spread to nearly every corner of the globe, the strength of our international institutions — the International Monetary Fund, the World Trade Organization, the Group of Twenty, the Basel Committee on Banking Supervision, and others — was tested as never before. Likewise tested, were the limits of our national commitment to those institutions, to our international obligations, and to global engagement more …
The Trouble With Treaties: Immigration And Judicial Law, Angela M. Banks
The Trouble With Treaties: Immigration And Judicial Law, Angela M. Banks
Faculty Publications
No abstract provided.
The Dispute Settlement Process Of The Wto: A Normative Structure To Achieve Utilitarian Objectives, Brian Manning, Srividhya Ragavan
The Dispute Settlement Process Of The Wto: A Normative Structure To Achieve Utilitarian Objectives, Brian Manning, Srividhya Ragavan
Faculty Scholarship
The paper posits that the World Trade Organization (WTO) has failed to efficiently promote mutually advantageous global relationships. The authors contend that the structure and the functioning of the Dispute Settlement Body have contributed to the failure of the WTO. The DSB’s approach to interpreting the WTO agreements has been normative, as opposed to a realistic. Consequently, decisions from the DSB have resulted in strict interpretation of WTO agreements without appropriately balancing member’s national realities. Thus, the overall goals of the organization have been compromised to reinforce existing global power structures rather than promote cooperative governance.
The authors examine two …
Section 9: Immigration, Institute Of Bill Of Rights Law, William & Mary Law School
Section 9: Immigration, Institute Of Bill Of Rights Law, William & Mary Law School
Supreme Court Preview
No abstract provided.
The Holocaust Insurance Accountability Act Of 2010: Hearing Before The United States House Of Representatives, Committee On The Judiciary, Subcommittee On Commercial And Administrative Law. 111th Congress, 2nd Session, Michael P. Van Alstine
Congressional Testimony
The testimony explores the essential legal issue of the extent to which executive agreements related to H.R. 4596 have any force as law in the United States. The agreements made it clear that they did not, by themselves, “provide an independent legal basis for dismissal” of claims of Holocaust victims filed in any courts of the United States. Instead, the executive branch simply agreed to file a “statement of interest” in such lawsuits to the effect “that U.S. policy interests favor dismissal on any valid legal ground.” Some lower courts have nonetheless given the statements of interest preemptive effect as …
When Facts Are Thin On The Ground, Julia Romasevych, Paul Antiss, Nancy Amoury Combs
When Facts Are Thin On The Ground, Julia Romasevych, Paul Antiss, Nancy Amoury Combs
Popular Media
Fact-finding at the international tribunals is not as precise as we think. Nancy Combs, Professor of Law at William and Mary Law School, explores this in her new book 'Fact-finding without facts: the uncertain evidentiary foundations of international criminal convictions'.
South/North Exchange Of 2009 - Territorial Projections Of Law From The Left: Cities, Communities And Transnational Spaces. The Case Of Mexico In The Context Of The Global South, Miguel Rabago Dorbecker
South/North Exchange Of 2009 - Territorial Projections Of Law From The Left: Cities, Communities And Transnational Spaces. The Case Of Mexico In The Context Of The Global South, Miguel Rabago Dorbecker
Pace International Law Review Online Companion
No abstract provided.
South/North Exchange Of 2009 - The Challenges Of Climate Change Regulation For Governments On The Political Left: A Comparison Of Brazilian And United States Promises And Actions, Colin Crawford, Solange Teles Da Silva, Kevin Morris
South/North Exchange Of 2009 - The Challenges Of Climate Change Regulation For Governments On The Political Left: A Comparison Of Brazilian And United States Promises And Actions, Colin Crawford, Solange Teles Da Silva, Kevin Morris
Pace International Law Review Online Companion
No abstract provided.
South/North Exchange Of 2009 - The Constitutional Recognition Of Indigenous Peoples In Latin America, Gonzalo Aguilar, Sandra Lafosse, Hugo Rojas, Rebecca Steward
South/North Exchange Of 2009 - The Constitutional Recognition Of Indigenous Peoples In Latin America, Gonzalo Aguilar, Sandra Lafosse, Hugo Rojas, Rebecca Steward
Pace International Law Review Online Companion
No abstract provided.
The Intelligibility Of Extralegal State Action: A General Lesson For Debates On Public Emergencies And Legality, François Tanguay-Renaud
The Intelligibility Of Extralegal State Action: A General Lesson For Debates On Public Emergencies And Legality, François Tanguay-Renaud
Articles & Book Chapters
Some legal theorists deny that states can conceivably act extralegally in the sense of acting contrary to domestic law. This position finds its most robust articulation in the writings of Hans Kelsen and has more recently been taken up by David Dyzenhaus in the context of his work on emergencies and legality. This paper seeks to demystify their arguments and ultimately contend that we can intelligibly speak of the state as a legal wrongdoer or a legally unauthorized actor.
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 …
Fact-Finding Without Facts, Nancy Amoury Combs
The Icj And The Future Of Transboundary Harm Disputes: A Preliminary Analysis Of The Case Concerning Aerial Herbicide Spraying (Ecuador V. Colombia), Robert Esposito
The Icj And The Future Of Transboundary Harm Disputes: A Preliminary Analysis Of The Case Concerning Aerial Herbicide Spraying (Ecuador V. Colombia), Robert Esposito
Pace International Law Review Online Companion
No abstract provided.
Peace Parks For Mountain Forests: The Law And Policy Of Transforming Conflict To Stewardship, Elaine C. Hsiao
Peace Parks For Mountain Forests: The Law And Policy Of Transforming Conflict To Stewardship, Elaine C. Hsiao
Dissertations & Theses
Peace parks provide a land ethic that transcends borders and seeks to stabilize tensions between bordering States, honoring the unity of biosphere systems in its efforts to achieve peace, conservation and cooperation. In theory, peace parks recognize that humans and the biosphere are one and that natural resources, just as cultural resources, must be collaboratively protected. In the cases of inhabited border regions, peace park principles of holistic conservation, cooperation and peace require that local communities be incorporated into park management. I posit that this is all the more true for frontier communities in regions of conflict, weak governance or …