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Full-Text Articles in Law

Vertical Dimensions In The Quality Of Law, Bartram Brown Dec 2011

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 Dec 2011

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 Dec 2011

Promises And Perils Of New Global Governance: A Case Of The G20 (With C. Kelly), Sungjoon Cho, Claire R. Kelly

Sungjoon Cho

In the wake of the 2008 financial crisis, a new global governance structure emerged. During and subsequent to the crisis, the G20 arose as a coordinating executive among international governance institutions. It set policy agendas, prioritized initiatives and, working through the Financial Stability Board, drew other governance institutions and networks such as the International Monetary Fund, the Basel Committee on Banking Supervision, the Organization of Economic Cooperation and Development, the World Trade Organization, the International Association of Insurance Supervisors and the International Organization of Securities Commissions to set standards, monitor enforcement and compliance, and aid recovery. Its authority cross-cuts regimes …


Dangerous Precedent: America's Illegal War In Afghanistan, Ryan T. Williams Dec 2011

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 Dec 2011

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 …