Law Commons^™

Local Agriculture Perspectives In The Middle Rio Grande Valley, Cecilia Rosacker-Mccord

Publications

No abstract provided.

A Basin-Wide Approach To Water Management In The Middle Rio Grande Valley, Rolf Schmidt-Petersen

Publications

No abstract provided.

Advisory Committee Recommendations - The Utton Center Model Interstate Water Compact, State Bar Center, State Bar Of New Mexico

Publications

No abstract provided.

Model Interstate Water Compact, Ken Knox

Publications

No abstract provided.

Contribution Of The Asian-African Legal Consultative Organization To The Codification And Progressive Development Of International Law, Sompong Sucharitkul

Publications

It is with a sense of delightful nostalgia that the present writer begins to gather his personal recollections of his past association with the Asian-African Legal Consultative Organization (AALCO), an original inter-regional organization, concerned with international legal developments for the AsianAfrican Regions, especially at this juncture as the Regional Organization is preparing to publish a commemorative volume containing essays in international law. The publication is indeed to be welcome. His pleasant recollections of the activities of the inter-regional organization are still so vivid in his fondest memory that a memorable record may be kept and preserved for the benefit of …

Évolution D'Une Notion Nouvelle Le Patrimoine Commun De L'Humanite, Sompong Sucharitkul

Publications

No abstract provided.

Grasp On Water: A Natural Resource That Eludes Nafta's Notion Of Investment, Paul S. Kibel

Publications

This Article begins by outlining the hydrologic and legal restraints to private ownership of water resources. It then details the provisions of NAFTA that pertain to private rights in water, and reports on two highprofile water entitlement cases that have arisen under NAFTA's foreign investor protection regime. The piece concludes by observing that the experience of United States of America (U.S.) federal courts with state water law may provide a jurisprudential template to bring NAFTA into alignment with existing domestic water law and international water treaties.

Rio Grande Designs: Texans' Nafta Water Claim Against Mexico, Paul S. Kibel, Jonathan R. Schultz

Publications

Our article begins with an analysis of the historical context and key provisions in the 1944 Rivers Treaty between Mexico and the United States. Next, we explain the expropriation claims process established by NAFTA's Chapter 11 and describe the environmental controversy that has arisen over its implementation. We follow with an account of the Texans' NAFTA water claim against Mexico, including an analysis of this claim's relation to the Tulare Lake decision and parallel dispute resolution proceedings at the International and Boundary Waters Commission.

At the end of this review, our finding is that the Texans' NAFTA water claim against …

Rape And The Querela In Italy: False Protection Of Victim Agency, Rachel A. Van Cleave

Publications

Italian law requires rape victims to make a formal request that the state prosecute the alleged rapist. This request is called a querela and without such a request prosecution does not proceed, though there are some exceptions. In addition, the request for prosecution is irrevocable; the victim cannot withdraw her request for prosecution. Italian law has included the querela requirement for over one hundred years. It was included in the Zanardelli Code of 1889,3 the first Penal Code of unified Italy, maintained in the Rocco Code of 1930, the Penal Code of Fascist Italy, and-after a great deal of controversy-the …

Living La Vida Lex Mercatoria, Helen E. Hartnell

Publications

My two-year sojourn at the University of Cologne (2004-2006) provided an intense occasion for living la vida lex mercatoria. This essay explores key facets of that experience. At the outset, I approach the topic from a traditional scholarly perspective, first by offering a brief overview of theoretical debates about the lex mercatoria, then by arguing the need for more social scientific (and particularly empirical) research in this field. Next my focus shifts to the Willem C. Vis International Commercial Arbitration Moot (Vis Moot), and considers the role of legal education in reproducing the lex mercatoria as a living phenomenon. In …

Exporting South Africa's Social Rights Jurisprudence, Eric C. Christiansen

Publications

One of the most distinctive elements of South Africa’s jurisprudence has been its willingness to adjudicate socio-economic rights in addition to traditional civil and political rights. While the advancement of social welfare as a whole has clearly proceeded at a far slower pace than political equality, the Constitutional protection of social rights and its enforcement by the Court continues to inspire social justice advocates in their work within South Africa and abroad. Indeed, despite the as-yet inadequate advancement of substantive socio-economic equality, much can be praised about the South African Constitutional project—and much can be learned from it. Particularly, much …

Judging Treaties, Lakshman Guruswamy

Publications

No abstract provided.

Sending The Self-Execution Doctrine To The Executioner, Aya Gruber

Publications

No abstract provided.

A Domestic Right Of Return?: Race, Rights, And Residency In New Orleans In The Aftermath Of Hurricane Katrina, Lolita Buckner Inniss

Publications

This article begins with a critical account of what occurred in the aftermath of Hurricane Katrina. This critique serves as the backdrop for a discussion of whether there are international laws or norms that give poor, black Katrina victims the right to return to and resettle in New Orleans. In framing this discussion, this article first briefly explores some of the housing deprivations suffered by Katrina survivors that have led to widespread displacement and dispossession. The article then discusses two of the chief barriers to the return of poor blacks to New Orleans: the broad perception of a race-crime nexus …

Indigenous Law And Its Contribution To Global Pluralism, James Anaya

Publications

No abstract provided.

Arbitration Of International Oil, Gas, And Energy Disputes In Latin America, Alexia Brunet, Juan Agustin Lentini

Publications

No abstract provided.

Who's Afraid Of Geneva Law?, Aya Gruber

Publications

According to many internationalists, the terrorism detention cases Hamdi v. Rumsfeld and Hamdan v. Rumsfeld are exemplary of a movement on the part of the Supreme Court toward greater incorporation of and respect for international law. Recent death penalty cases, statements of individual justices, and the increasing transnationalism of the Court's docket have lead many to believe, as Justice Ginsburg does, that the Court's "island or lone ranger mentality is beginning to change." This Article takes the contrary position that Hamdi and Hamdan are not internationalist because of their meticulous avoidance of the issue of Geneva Convention self-execution. Briefly, the …

Keynote Address: Indigenous Peoples And Their Mark On The International Legal System, S. James Anaya

Publications

No abstract provided.