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Articles 331 - 353 of 353
Full-Text Articles in Law
The Evil Technology Hypothesis: A Deep Ecological Reading Of International Law, Luigi Russi, Ugo Mattei
The Evil Technology Hypothesis: A Deep Ecological Reading Of International Law, Luigi Russi, Ugo Mattei
Luigi Russi
This short paper advances the hypothesis that international law, far from being a purely neutral “indeterminate” technology that can lend itself to both good and bad uses, might actually be structurally biased to produce exploitative outcomes. This hypothesis is presented through several steps. The first part presents Martti Koskenniemi’s indeterminacy thesis, followed by Anthony Anghie’s depiction of international law as a technology. The possibility of an inherent bias of technology, such that it will lend itself to exploitative uses, even with the best of intentions, is then introduced in Section III, using the writing of radical ecological thinkers Ran Prieur …
Comment: Doha, Security And Justice – A Response To Prof. Raj Bhala, Frank Garcia
Comment: Doha, Security And Justice – A Response To Prof. Raj Bhala, Frank Garcia
Frank J. Garcia
No abstract provided.
Toda Joia, Toda Beleza! Finding What Is Left In The Margins Or Regime Collisions: A Pluralist Take On Managerialism, Luigi Russi, Alfonso Encinas Escobar
Toda Joia, Toda Beleza! Finding What Is Left In The Margins Or Regime Collisions: A Pluralist Take On Managerialism, Luigi Russi, Alfonso Encinas Escobar
Luigi Russi
This paper has two authors, two titles and is written in the form of a dialogue, rather than conveying a unitary voice, as one would instead expect of a coauthored paper. The reason for this is that the articulation of the authors' disagreement, despite the identification of each of them with “the left”, is precisely the object of inquiry. After briefly introducing the problem on which the authors’ discussion takes place, namely regime collisions, and the clash of approaches that are available to (decide whether to) deal with them, a dialogue follows, in which the authors’ voices are clearly separated …
Theories Of Justice And International Economic Law, Frank Garcia, Lindita Ciko
Theories Of Justice And International Economic Law, Frank Garcia, Lindita Ciko
Frank J. Garcia
No abstract provided.
Reimagining Child Soldiers In International Law And Policy, Mark Drumbl
Reimagining Child Soldiers In International Law And Policy, Mark Drumbl
Mark A. Drumbl
Book Reviews
Leena Grover, 24 European J. of Int'l L. 549 (2013) (reviewing Mark Drumbl, Reimagining Child Soldiers in International Law and Policy (2012)). Available here.
Lingling Zhu and Huan Lu, 11 Chinese J. Intl. L. 823 (2012) (reviewing Mark Drumbl, Reimagining Child Soldiers in International Law and Policy (2012)). Available here.
Lewis Brooks, Thing Africa Press (Nov. 23, 2012 5:09 PM), http://thinkafricapress.com/ (reviewing Mark Drumbl, Reimagining Child Soldiers in International Law and Policy (2012)). Available here.
Rick Wilson, Lawfare: Hard National Security Choices ( Sept. 20, 2012 11:08 AM), http://www.lawfareblog.com/ (reviewing Mark Drumbl, Reimagining Child Soldiers …
Rio + 20: What Difference Has Two Decades Made To State Practice In The Regulation Of Invasive Alien Species?*, Sophie Riley
Rio + 20: What Difference Has Two Decades Made To State Practice In The Regulation Of Invasive Alien Species?*, Sophie Riley
Sophie Riley
Invasive alien species (IAS) are alien species that threaten ecosystems, habitats or other species. Article 8(h) of the Convention on Biological Diversity (CBD) requires the contracting parties to ‘prevent the introduction of or control or eradicate those alien species that threaten ecosystems, habitats or species’. Members are also required to lodge National Reports with the secretariat of the CBD, specifying how they are fulfilling their international obligations with respect to IAS. While the threats to biodiversity posed by IAS have been extensively documented, to date, no study has examined States’ perceptions of their IAS regimes. This paper collects and analyses …
Child Soldiers And Clicktivism: Justice, Myths, And Prevention, Mark Drumbl
Child Soldiers And Clicktivism: Justice, Myths, And Prevention, Mark Drumbl
Mark A. Drumbl
No abstract provided.
Child Soldiers, Transitional Justice, And The Architecture Of Post Bellum Settlements, Mark Drumbl
Child Soldiers, Transitional Justice, And The Architecture Of Post Bellum Settlements, Mark Drumbl
Mark A. Drumbl
No abstract provided.
In Search Of A Forum For The Families Of The Guantanamo Disappeared, Peter Honigsberg
In Search Of A Forum For The Families Of The Guantanamo Disappeared, Peter Honigsberg
Peter J Honigsberg
The United States government has committed grave human rights violations by disappearing people during the past decade into the detention camps in Guantanamo Bay, Cuba. And for nearly thirty years, beginning with a 1983 decision from a case arising in Uruguay, there has been a well-developed body of international law establishing that parents, wives and children of the disappeared suffer torture, or cruel, inhuman or degrading treatment (CID).
This paper argues that the rights of family members were severely violated when their loved ones were disappeared into Guantanamo. Family members of men disappeared by the United States have legitimate claims …
The Future Of International Criminal Law And Transitional Justice,, Mark Drumbl
The Future Of International Criminal Law And Transitional Justice,, Mark Drumbl
Mark A. Drumbl
No abstract provided.
Transcending Victimhood: Child Soldiers And Restorative Justice, Mark Drumbl
Transcending Victimhood: Child Soldiers And Restorative Justice, Mark Drumbl
Mark A. Drumbl
No abstract provided.
China's Evidentiary And Procedural Reforms, The Federal Rules Of Evidence, And The Harmonization Of Civil And Common Law, John J. Capowski
China's Evidentiary And Procedural Reforms, The Federal Rules Of Evidence, And The Harmonization Of Civil And Common Law, John J. Capowski
John J. Capowski
Ten Years Of The Aarhus Convention: How Procedural Democracy Is Paving The Way For Substantive Change In National And International Environmental Law, Myanna Dellinger
Ten Years Of The Aarhus Convention: How Procedural Democracy Is Paving The Way For Substantive Change In National And International Environmental Law, Myanna Dellinger
Myanna Dellinger
No abstract provided.
Note: Guiding The Modern Lawyer Through A Global Economy: An Analysis On Outsourcing And The Aba's 2012 Proposed Changes To The Model Rules, Patrick Poole
Patrick Poole
Over the last few decades, the dramatic changes that have occurred in the global economy have similarly altered the landscape for outsourced work both domestically and internationally. One study estimates that as many as 3.3 million white-collar jobs could be shipped abroad by 2015. This growing trend has also substantially affected the unique nature of the legal field. For the past year and a half, the American Bar Association (ABA) Ethics 20/20 Commission has been considering changes to the Model Rules of Professional Conduct as they relate to domestic and international outsourcing. The revision process has included soliciting input from …
States Side Story: Career Paths Of International Ll.M. Students, Or “I Like To Be In America”, Carole Silver
States Side Story: Career Paths Of International Ll.M. Students, Or “I Like To Be In America”, Carole Silver
Carole Silver
This Article draws on an empirical study of the careers of international law graduates who earned an LL.M. in the United States, and considers the role of a U.S. LL.M. as a path for building a legal career in the United States. It identifies the institutional, political, and economic forces that present challenges to graduates who attempt to stay in the United States. While U.S. law schools prize the international diversity of their graduate students, this study reveals that the U.S. legal profession is most accessible to international students from English-speaking common law countries, whose language and background allow them …
Beyond Labor Rights: Which Core Human Rights Must Regional Trade Agreements Protect?, Stephen Joseph Powell, Trisha Low
Beyond Labor Rights: Which Core Human Rights Must Regional Trade Agreements Protect?, Stephen Joseph Powell, Trisha Low
Stephen Joseph Powell
As WTO Members relentlessly pursue new regional trade agreements to achieve even faster economic growth than the extraordinary numbers posted by global trade rules, the smaller number of parties and their greater cultural affinity have led negotiators to address the intersection of trade with human rights to an extent unparalleled in the culturally disparate and near-unmanageable 150-plus member WTO itself. These new provisions have used trade’s huge power to improve worker rights, secure environmental protections, and make initial inroads toward defending indigenous populations from trade’s adverse effects. Employing the perspectives both of trade negotiators and students of this halting progress …
Foreword: Global Justice, History And Law: Between Fela's Teachers Teaching "Nonsense" And Bob Marley's "Small Axe" For A Big Tree, Ernesto A. Hernandez-Lopez
Foreword: Global Justice, History And Law: Between Fela's Teachers Teaching "Nonsense" And Bob Marley's "Small Axe" For A Big Tree, Ernesto A. Hernandez-Lopez
Ernesto A. Hernandez
No abstract provided.
Vertical Dimensions In The Quality Of Law, Bartram Brown
Vertical Dimensions In The Quality Of Law, Bartram Brown
Bartram Brown
No abstract provided.
Vertical Dimensions In The Quality Of Law, Bartram Brown
Vertical Dimensions In The Quality Of Law, Bartram Brown
Bartram Brown
There are compelling reasons for concern about the quality of law. Law is essential to structuring the social relations of the state. Thomas Jefferson famously wrote that life, liberty and the pursuit of happiness are God-given unalienable rights, and that the purpose of governments is to secure these rights on behalf of the governed. Whether the law of a state will be successful in this task depends upon the quality of that law. And, due to the vast changes in the international legal system so presciently anticipated by Wolfgang Friedmann in the 1960s, concern about the quality of law must, …
Report - Paying For The Past: Addressing Past Property Violations In South Africa, Bernadette Atuahene
Report - Paying For The Past: Addressing Past Property Violations In South Africa, Bernadette Atuahene
Bernadette Atuahene
No abstract provided.
Promises And Perils Of New Global Governance: A Case Of The G20 (With C. Kelly), Sungjoon Cho, Claire R. Kelly
Promises And Perils Of New Global Governance: A Case Of The G20 (With C. Kelly), Sungjoon Cho, Claire R. Kelly
Sungjoon Cho
Dangerous Precedent: America's Illegal War In Afghanistan, Ryan T. Williams
Dangerous Precedent: America's Illegal War In Afghanistan, Ryan T. Williams
Ryan T. Williams
Osama bin Laden’s death has lead many to question the efficacy of America’s continued fighting in Afghanistan. Too often dismissed is any meaningful discussion of the legality of the war on terror in Afghanistan, where the U.S. has promised to keep fighting until at least 2014. The use of force in international law is generally forbidden, except under three circumstances: in self-defense, pursuant to a United Nations Security Council resolution, or with consent from the leader of an invaded state. After a careful examination of all three, it is apparent that America’s continued fighting in Afghanistan, more than a decade …
Enforcing Restitution Of Cultural Heritage Through Peace Agreements, Ana Filipa Vrdoljak
Enforcing Restitution Of Cultural Heritage Through Peace Agreements, Ana Filipa Vrdoljak
Ana Filipa Vrdoljak
Peace agreements have been an important source of international law in modern times. They have been especially important in the earliest formulations of the international and regional protection of cultural heritage. The significance of this source of international law making and its enforcement has become more pronounced with the exponential proliferation of peace processes and resultant agreements since the end of the Cold War. It is argued that how cultural heritage (and cultural rights) is historically dealt with in peace agreements falls broadly into three discernible categories: (1) restitution and restoration of cultural heritage as reparations between existing states, post …