Law Commons^™

Transboundary Harm In International Law: Lessons From The Trail Smelter Arbitration, Russell Miller, Rebecca Bratspies

Russell A. Miller

No abstract provided.

Flyktingstatus - En Marginaliserad Resurs I Svensk Asylrätt, Aleksandra Popovic

Aleksandra Popovic

No abstract provided.

Mänskliga Rättigheter Och Europakonventionen, Aleksandra Popovic

Aleksandra Popovic

No abstract provided.

Supplement Of Basic Documents To International Law And World Order, Andrew Strauss, Burns Weston, Richard Falk, Hilary Charlesworth

Andrew L. Strauss

No abstract provided.

Force Rules, John C. Yoo

John C Yoo

This piece criticizes U.N. proposals to reform the international legal rules on the use of force. While they properly identify threats to international peace and security as arising outside the context of great power warfare, they make it even more difficult for nations to address these new challenges. They codify a rule that gives the Security Council complete authority over all uses of force short of national self-defense, rather than providing nations with flexibility. They expand the size of the Security Council, which will only aggravate the body's collective action troubles in authorizing force. Reform should begin by modifying the …

Markets, Monocultures, And Malnurition: Agricultural Trade Policy Through An Environmental Justice Lens, Carmen G. Gonzalez

Carmen G. Gonzalez

Much of the literature on environmental justice struggles in the United States and in the Global South has highlighted the disproportionate concentration of environmental hazards in poor communities and communities of color. However, it is equally important to evaluate how human societies distribute access to environmental necessities , such as food and water. Food is a quintessential environmental necessity that is critical human survival, and the right to food is recognized under under a vareity of international human rights law instruments. This article examines the complex ways in which the rules governing international trade in agricultural products affect the fundamental …

Deconstructing The Mythology Of Free Trade: Critical Reflections On Comparative Advantage, Carmen G. Gonzalez

Carmen G. Gonzalez

The theory of comparative advantage serves as the theoretical justification for the neoliberal economic reforms promoted by the International Monetary Fund, the World Bank, and multilateral and regional free trade agreements. This article employs insights from both neoclassical and heterodox economics in order to critique the theory of comparative advantage as applied to the agricultural sector. In particular, the article takes aim at the illusory notion that eliminating distortions in international agricultural trade caused by the lavish agricultural subsidies of wealthy nations will be sufficient to “level the playing field” and promote prosperity in both developed and developing countries. The …

Rättens Ordning I Den Tid Som Återstår, Matilda Arvidsson

Dr Matilda Arvidsson

The article investigates the fundamental concept of 'time' within the framework of the laws of war, using the War on Terrorism as a starting point and the 2003 invasion and subsequent occupation of Iraq as an example. The article argues for an eschatological understanding of time during the War on Terrorism, framing a state of exception, and ultimately keeping law on hold in an enduring 'now' while messianic hopes for redemption are directed towards a new future to come after war.

International Migration And Sovereignty Reinterpretation In Mexico, Ernesto A. Hernandez-Lopez

Ernesto A. Hernandez

Recent developments in Mexico's doctrine of non-intervention suggest that national experiences with migrant-sending influence how sovereignty concepts are applied in domestic law. Based on the concept of international sovereignty and included in Mexico's Constitution Article 89:X, the international law norm of non-intervention prohibits a country's foreign relations from interfering in another country's domestic affairs. With traditional sovereignty reasoning, the norm of non-intervention prohibited Mexico from having a foreign policy on its migrants in the US, because the issue intervened in US jurisdiction; such a policy would violate the norm and international sovereignty.

This essay's central claim is that recent developments …

The Promise Of International Law, Andrew T. Guzman

Andrew T Guzman

In their recent book, The Limits of International Law, Professors Goldsmith and Posner throw down the gauntlet to scholars of international law. They advance a deeply pessimistic account of international law and its role in affecting state behavior -- alleging that customary international fails to act as “an exogenous influence on states’ behavior,” and expressing skepticism that multinational collective action problems can be solved by treaty. This review represents a response to the book’s claims. It is demonstrated that there is no theoretical reason to conclude that international law is ineffective, whether it addresses bilateral or multilateral problems and whether …

Sovereignty And The American Courts At The Cocktail Party Of International Law: The Dangers Of Domestic Invocations Of Foreign And International Law, Donald J. Kochan

Donald J. Kochan

With increasing frequency and heightened debate, United States courts have been citing foreign and “international” law as authority for domestic decisions. This trend is inappropriate, undemocratic, and dangerous. The trend touches on fundamental concepts of sovereignty, democracy, the judicial role, and overall issues of effective governance. There are multiple problems with the judiciary’s reliance on extraterritorial and extra-constitutional foreign or international sources to guide their decisions. Perhaps the most fundamental flaw is its interference with rule of law values. To borrow from Judge Harold Levanthal, the use of international sources in judicial decision-making might be described as “the equivalent of …