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Newsletter, Fall 2011, Vol. 6, Issue 1, The Dean Rusk International Law Center Oct 2011

Newsletter, Fall 2011, Vol. 6, Issue 1, The Dean Rusk International Law Center

Newsletters

Ambassador Delivers Keynote at International Trade Conference; Georgia Democratic Leader Speaks at Civil Rights Conference; International Outreach and Education; International Law Colloquium Series; Conferences & Lectures; Notable Speakers Visit Rusk Center; Conference Focuses on Nuclear Security and Non-Proliferation; The TRIPS Agreement - Then and Now; In Memoriam: Professor Gabriel M. Wilner, 1938-2010; Law School Alum Joins Rusk Center Staff; International Judicial Training Program Continues to Expand.


The Regulatory Turn In International Law, Jacob Katz Cogan Jan 2011

The Regulatory Turn In International Law, Jacob Katz Cogan

Faculty Articles and Other Publications

In the post-War era, international law became a talisman for the protection of individuals from governmental abuse. Such was the success of this "humanization of international law" that by the 1990s human rights had become "part of... international political and legal culture." This Article argues that there has been an unnoticed contemporary counter trend -- the "regulatory turn in international law." Within the past two decades, states and international organizations have at an unprecedented rate entered into agreements, passed resolutions, enacted laws, and created institutions and networks, formal and informal, that impose and enforce direct and indirect international duties upon …


Overcoming Babel’S Curse: Adapting The Doctrine Of Foreign Equivalents, Jonathan Skinner Jan 2011

Overcoming Babel’S Curse: Adapting The Doctrine Of Foreign Equivalents, Jonathan Skinner

Publications

No abstract provided.


Acta's Constitutional Problems: The Treaty Is Not A Treaty, Sean Flynn Jan 2011

Acta's Constitutional Problems: The Treaty Is Not A Treaty, Sean Flynn

Articles in Law Reviews & Other Academic Journals

On the eve of the United States’ entry into the Anti-Counterfeiting Trade Agreement (“ACTA”), there is considerable confusion as to just what legal effect the agreement will have. In written answers to Senator Ron Wyden, the United States Trade Representative (“USTR”) went to lengths to describe ACTA as non-binding, asserting that “ACTA does not constrain Congress’ authority to change U.S. law,” and that it would operate only as an “Executive Agreement” that “can be implemented without new legislation.” But European negotiators have described the agreement to their legislature in very different terms, asserting that ACTA is “a binding international agreement …