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Articles 1 - 11 of 11
Full-Text Articles in Law
Critique, Culture And Commitment: The Dangerous And Counterproductive Paths Of International Legal Discourse, Geoffrey Hoffman
Critique, Culture And Commitment: The Dangerous And Counterproductive Paths Of International Legal Discourse, Geoffrey Hoffman
Dalhousie Law Journal
In this article, international law is viewed as a social and self-constituting phenomenon As the product of international society's actualization, it contains many biases and prejudices. Given the inherent subjectivity of any system designed to regulate relations between people - and peoples - it is of utmost importance to subject international law to a searching scrutiny of its tendencies to emphasise certain interests, to exalt particular groups and to order society in preconceived ways. This article uncovers the insidious structural biases of international law including those just beneath the surface as well as those that are firmly embedded within the …
Soldiers Of Semipalatinsk: Seeking A Theory And Forum For Legal Remedy, Anne Miers Kammer
Soldiers Of Semipalatinsk: Seeking A Theory And Forum For Legal Remedy, Anne Miers Kammer
San Diego International Law Journal
This Comment will address the unique dilemma of individuals in Kazakhstan whose health has been compromised by the former Soviet Union's 40-year period of nuclear testing on what is now Kazakhstan soil. The principal legal analysis of this Comment will focus on the availability of remedies (in the form of monetary damages available through legal resolution) to the citizens and/or state of Kazakhstan, and potential judicial forums in which to seek those remedies. Particular attention will be paid to the comparative likelihood of successful remedial legal action if pursued by a private class of Kazakhstan citizens versus action pursued by …
A Positive Theory Of Universal Jurisdiction, Eugene Kontorovich
A Positive Theory Of Universal Jurisdiction, Eugene Kontorovich
ExpressO
Academic discussions of universal jurisdiction (“UJ”) have been almost entirely normative, focusing on what UJ “should” be in an ideal world. This Article breaks with the normative approach and analyzes UJ from a positive perspective, drawing on historical evidence and rational choice models to understand what UJ has in fact been and what it can be.
Piracy was for centuries the only UJ offense. This Article begins by isolating the characteristics of piracy that made it uniquely suitable for UJ. While these characteristics show why UJ over piracy would cause fewer problems than UJ over other crimes, they still fail …
Prescriptive Authority: Global Markets As A Challenge To National Regulatory System, David J. Gerber
Prescriptive Authority: Global Markets As A Challenge To National Regulatory System, David J. Gerber
All Faculty Scholarship
No abstract provided.
Whose Justice - Reconciling Universal Juristidiction With Democratic Principles, Diane Orentlicher
Whose Justice - Reconciling Universal Juristidiction With Democratic Principles, Diane Orentlicher
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Address To The American International Law Association, Tal Becker
Address To The American International Law Association, Tal Becker
ILSA Journal of International & Comparative Law
It is a pleasure and an honor for me to participate in this panel discussion. In my day job, I serve as the legal adviser to Israel's mission to the United Nations, and most of my comments today emerge less from academic research into the field of universal jurisdiction, and more from practical experience in issues related to international criminal justice both at the UN and outside it.
Jurisdictional Conflict In Global Antitrust Enforcement, Hannah Buxbaum
Jurisdictional Conflict In Global Antitrust Enforcement, Hannah Buxbaum
Articles by Maurer Faculty
No abstract provided.
Forum Non Conveniens: "Availability" And "Adequacy" Of Latin American Fora From A Comparative Perspective, Alejandro M. Garro
Forum Non Conveniens: "Availability" And "Adequacy" Of Latin American Fora From A Comparative Perspective, Alejandro M. Garro
University of Miami Inter-American Law Review
No abstract provided.
A Global Convention On Choice Of Court Agreements, Ronald A. Brand
A Global Convention On Choice Of Court Agreements, Ronald A. Brand
Articles
This article reviews the work of the Special Commission of the Hague Conference on Private International Law, which meet during the first nine days of December 2003 to consider a Draft Text on Choice of Court Agreements. Negotiations originally sought a rather comprehensive convention on jurisdiction and the recognition and enforcement of judgments, with a preliminary draft convention being prepared in October 1999, and further revised at the first part of a Diplomatic Conference in June 2001. When it became clear that some countries, particularly the United States, could not agree to the convention being considered, negotiations were redirected at …
Folktales Of International Justice, David Luban
Folktales Of International Justice, David Luban
Georgetown Law Faculty Publications and Other Works
When Laura Dickinson asked me to participate on this panel, she very nicely said that she hoped I could bring a different perspective to the discussion. I thought I knew what she meant. The other panelists share a profound knowledge of how international criminal-law institutions work. My "different perspective" would therefore be the perspective of abject ignorance.
Taking comfort from the Socratic dictum that there is wisdom in knowing what you do not know, I accepted the invitation because it gives me the opportunity to pose questions rather than proposing answers. I will raise my questions by examining some stories …
Some Reflexions Concerning Jurisdiction In Cases On Cross-Border Trademark Infringements Through The Internet, Ulf Maunsbach
Some Reflexions Concerning Jurisdiction In Cases On Cross-Border Trademark Infringements Through The Internet, Ulf Maunsbach
Ulf Maunsbach
No abstract provided.