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Duke Law

Law and Contemporary Problems

2004

International law

Articles 1 - 5 of 5

Full-Text Articles in Law

European Administrative Proceedings, Sabino Cassese Dec 2004

European Administrative Proceedings, Sabino Cassese

Law and Contemporary Problems

Cassese discusses the third strategy of administrative integration, mixed or composite proceedings in which both Community and national authorities participate. Cassese analyzes how the common element takes root in the national part of the proceeding, what the national and supranational parts consist of, and the extent to which they remain distinct or appear instead as a single unit.


Administrative Proceedings Involving European Agencies, Edoardo Chiti Dec 2004

Administrative Proceedings Involving European Agencies, Edoardo Chiti

Law and Contemporary Problems

Chiti reconstructs the peculiar features of proceedings involving European agencies by analyzing the relevant positive law, administrative practice, and case law. This is to ascertain, in part, what is distinctive about these proceedings, as compared to the other procedural models that are progressively emerging in the Community legal order.


The Future And Past Of U.S. Foreign Relations Law, Martin S. Flaherty Oct 2004

The Future And Past Of U.S. Foreign Relations Law, Martin S. Flaherty

Law and Contemporary Problems

The increasing role that the US plays in the world can only mean a correspondingly greater role for foreign affairs law in the US legal community. The Supreme Court has recently cited international and comparative law materials to a striking, and all but unprecedented, degree.


Disaggregating U.S. Interests In International Law, Peter J. Spiro Oct 2004

Disaggregating U.S. Interests In International Law, Peter J. Spiro

Law and Contemporary Problems

The Constitution is so central to American identity that any concession of external constitutional constraints may constitute a threat to national self-determination. This explains the relative intensity of objections to international norms and institutions thought to compromise constitutional discretion, at least in the absence of countervailing interests.


International Law, International Relations Theory, And Preemptive War: The Vitality Of Sovereign Equality Today, Thomas H. Lee Oct 2004

International Law, International Relations Theory, And Preemptive War: The Vitality Of Sovereign Equality Today, Thomas H. Lee

Law and Contemporary Problems

The norm of sovereign equality in international law is so resolutely canonical that its precise meaning, origins, and justifications are rarely examined. Whatever the general merits of the norm, its retention seems fairly open to question when one sovereign state appears supremely unequal among 191 states in terms of military power.