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The Study Of Chinese Law In The United States: Reflections On The Past And Concerns About The Future, Stanley Lubman
The Study Of Chinese Law In The United States: Reflections On The Past And Concerns About The Future, Stanley Lubman
Stanley Lubman
I first survey the development and current state of the field by reviewing American scholarship on some major areas of Chinese law from those early days up to the present. Then, against this background, I comment on the current scene and address the challenges that Chinese law continues to present to Western attempts at understanding China.
The Emerging Restrictions On Sovereign Immunity: Peremptory Norms Of International Law, The U.N. Charter, And The Application Of Modern Communications Theory, Winston Nagan, Joshua Root
The Emerging Restrictions On Sovereign Immunity: Peremptory Norms Of International Law, The U.N. Charter, And The Application Of Modern Communications Theory, Winston Nagan, Joshua Root
Winston P Nagan
The article provides a fresh re-examination of the conceptual foundations of the sovereign immunity doctrine in the light of the changing character of sovereignty itself. This is done in the context of the changing expectations in international law generated by the UN Charter, and the development of human rights and humanitarian law. The article applies the innovative communications theories generated by the New Haven School to provide a more realistic and relevant approach to the issue of international law-making in this area. The article provides an overview of the emergence of changed expectations relating to the restrictions on the scope …
The International Legal System: Cases And Materials. 6th Edition,, Mary Ellen O'Connell, Richard Scott, Naomi Roht-Arriaza
The International Legal System: Cases And Materials. 6th Edition,, Mary Ellen O'Connell, Richard Scott, Naomi Roht-Arriaza
Naomi Roht-Arriaza
No abstract provided.
Combating Impunity: Some Thoughts On The Way Forward, Naomi Roht-Arriaza
Combating Impunity: Some Thoughts On The Way Forward, Naomi Roht-Arriaza
Naomi Roht-Arriaza
Some of the tasks needed to be done by legal scholars and advocates to combat impunity in cases of massive violations of human rights are discussed. Pathways for implementation of these ideas are many and overlapping.
Why International Law Favors Emigration Over Immigration, Thomas Kleven
Why International Law Favors Emigration Over Immigration, Thomas Kleven
Thomas Kleven
No abstract provided.
International Law And The Use Of Force: Cases And Materials, Mary Ellen O'Connell
International Law And The Use Of Force: Cases And Materials, Mary Ellen O'Connell
Mary Ellen O'Connell
This casebook may get more attention today than ever before in its history. From the Russian invasion of Georgia to the on-going detentions at Guantanamo Bay, the use of suicide bombs, to the workings of the United Nations Security Council in a crisis like Darfur, some of the most pressing legal issues of the day are found in this branch of international law. The book: Brings together cases and materials on both the law governing the resort to armed force (jus ad bellum) and the law governing the conduct of force (jus in bello) Provides a dynamic introduction for students, …
The International Legal System: Documentary Supplement, Mary Ellen O'Connell, Jonathan Charney, Donald Anton
The International Legal System: Documentary Supplement, Mary Ellen O'Connell, Jonathan Charney, Donald Anton
Mary Ellen O'Connell
Documentary Supplement to the International Legal System contains most of the multilateral conventions and United Nations declarations, resolutions, etc. that comprise the modern body of "international legislation" in the general fields of public international law, including international criminal law, and international organizations. The collection could be used as an adjunct to any course or seminar in those fields even if not used in conjunction with the basic casebook.
Politics, Values And Functions: International Law In The 21st Century: Essays In Honor Of Professor Louis Henkin, Mary Ellen O'Connell, Jonathan Charney, Donald Anton
Politics, Values And Functions: International Law In The 21st Century: Essays In Honor Of Professor Louis Henkin, Mary Ellen O'Connell, Jonathan Charney, Donald Anton
Mary Ellen O'Connell
The editors and contributors have formed this collection to honour Louis Henkin in his 80th year. He has contributed greatly to the fields of international and constitutional law, to teaching and scholarship, to the international community and to each of the contributors and editors personally. The work sets out to highlight the impact of Henkin's contribution to international and constitutional scholarship.
Translation, Power Hierarchy, And The Globalization Of The Concept “Human Rights”: Potential Contributions From Confucianism Missed By The Udhr, Sinkwan Cheng
Sinkwan Cheng
This essay strikes new paths for investigating the politics of translation and the (non-) universality of the concept of “human rights” by engaging them in a critical dialogue. Part I of my essay argues that a truly universal concept would have available linguistic equivalents in all languages. On this basis, I develop translation into a tool for disproving the claim that the concept human rights is universal. An inaccurate claim to universality could be made to look valid, however, if one culture dominates over others, and manages to impose its own concepts and exclude competitors. Part II explores how human …
International Dispute Resolution: Cases And Materials, Mary Ellen O'Connell
International Dispute Resolution: Cases And Materials, Mary Ellen O'Connell
Mary Ellen O'Connell
Twenty-first century lawyers practice law in a global village. They represent clients in negotiations for oil concession leases. They attend international treaty negotiations on behalf of sovereign states and environmental NGOs. They act as mediators in international child custody disputes and arbitrators for title to artworks displaced in war. They search the world for the right forum to bring claims for human rights violations, piracy prosecutions, and intellectual property protection. The successful 21st century lawyer is prepared to practice international dispute resolution, and this book is designed to assist in that preparation. It is a comprehensive treatment of the full …
The International Legal System: Cases And Materials. 6th Edition,, Mary Ellen O'Connell, Richard Scott, Naomi Roht-Arriaza
The International Legal System: Cases And Materials. 6th Edition,, Mary Ellen O'Connell, Richard Scott, Naomi Roht-Arriaza
Mary Ellen O'Connell
No abstract provided.
International Law And The Use Of Force, Mary Ellen O'Connell
International Law And The Use Of Force, Mary Ellen O'Connell
Mary Ellen O'Connell
This casebook may get more attention today than ever before in its history. From the Russian invasion of Georgia to the on-going detentions at Guantanamo Bay, the use of suicide bombs, to the workings of the United Nations Security Council in a crisis like Darfur, some of the most pressing legal issues of the day are found in this branch of international law. The book: Brings together cases and materials on both the law governing the resort to armed force (jus ad bellum) and the law governing the conduct of force (jus in bello) Provides a dynamic introduction for students, …
International Criminal Law Documents Supplement, Jimmy Gurule, Jordan Paust, Bruce Zagaris, Leila Sadat, Michael Scharf, M. Bassiouni
International Criminal Law Documents Supplement, Jimmy Gurule, Jordan Paust, Bruce Zagaris, Leila Sadat, Michael Scharf, M. Bassiouni
Jimmy Gurule
This Documents Supplement accompanies the casebook International Criminal Law, Fourth Edition(2013). It is the most thorough compilation of documents available for classroom use with respect to international criminal law and related aspects of more general international law and human rights law. It is the first documents supplement to contain the Arab Charter on Human Rights and the Amendment to the Rome Statute of the ICC with respect to the Crime of Aggression.
State Practice As Metaphor: A Reconciliation Approach, Patrick Kelly
State Practice As Metaphor: A Reconciliation Approach, Patrick Kelly
Patrick Kelly
State practice as metaphor is a broader idea than the empirical role of state practice in the formation of custom. State practice as used in this journal is a metaphor for all the methods and processes to increase the democratic legitimacy of international norms including not only the practices of states, but also other forms of representation by which citizens express their views. Increasingly norms are articulated and influenced by non-governmental organizations, private standard setting groups, quasi-public entities such as the Inter-Parliamentary Union and transgovernmental organizations such as the Basle Committee on Banking Supervision. With the advent of the internet, …