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Full-Text Articles in Law

The Concept Of Compliance As A Function Of Competing Conceptions Of International Law, Benedict Kingsbury Jan 1998

The Concept Of Compliance As A Function Of Competing Conceptions Of International Law, Benedict Kingsbury

Michigan Journal of International Law

The purpose of this article is to challenge the tendency in the existing literature to view "compliance" simply as "correspondence of behavior with legal rules." This tendency is intelligibly based in a theoretical view that law can properly be defined and understood as a body of rules and expresses a practical concern to get on with the important task of producing empirical studies of compliance. The logical corollary is that a reasonable degree of conformity between these rules and actual behavior is necessary to an efficacious legal system, so that recurrent and widespread non-conformity with rules would usually call into …


Recommended Measures Under The Antarctic Treaty: Hardening Compliance With Soft International Law, Christopher C. Joyner Jan 1998

Recommended Measures Under The Antarctic Treaty: Hardening Compliance With Soft International Law, Christopher C. Joyner

Michigan Journal of International Law

This article examines the process by which ATCM recommended measures are created, the status of these instruments under international law, and the implementation record by Antarctic Treaty governments for these instruments since 1961.


Force Without Law: Seeking A Legal Justification For The September 1996 U.S. Military Intervention In Iraq, Gavin A. Symes Jan 1998

Force Without Law: Seeking A Legal Justification For The September 1996 U.S. Military Intervention In Iraq, Gavin A. Symes

Michigan Journal of International Law

This note concludes that none of the various legal arguments offered in support of the September 1996 military intervention against Iraq adequately justifies U.S. actions under international law and that in fact international law was never a real concern in planning, implementing, or even justifying the intervention. Part I relates the general history of the "Kurdish problem" and the particulars of the incident under scrutiny. This Part then goes on to describe the aftermath of the intervention and its failure to achieve any of the stated goals of the United States. Part II addresses the general validity under international law …


The Right To Return Under International Law Following Mass Dislocation: The Bosnia Precedent?, Eric Rosand Jan 1998

The Right To Return Under International Law Following Mass Dislocation: The Bosnia Precedent?, Eric Rosand

Michigan Journal of International Law

On the night of May 2, 1997, some twenty-five abandoned Serb houses were set on fire in the Croat-controlled municipality of Drvar, part of the Muslim-Croat Federation of Bosnia and Herzegovina. It was clear from all the circumstances that Croats organized the arson of houses in Drvar to obstruct the return of the original Serb residents to the area. Croat authorities then made a concerted effort to resettle displaced Croats in Drvar in order to solidify a stretch of "ethnically-pure" territory adjacent to the Republic of Croatia. These displaced Bosnian Serbs are just a few of the estimated 2.3 million …


State Successions And Statelessness: The Emerging Right To An Effective Nationality Under International Law, Jeffrey L. Blackman Jan 1998

State Successions And Statelessness: The Emerging Right To An Effective Nationality Under International Law, Jeffrey L. Blackman

Michigan Journal of International Law

This paper surveys some of the recent developments in international law relating to nationality and state succession, and suggests a growing convergence among several legal principles-specifically the principle of effective nationality, the individual right to a nationality and the corresponding duty of states to prevent statelessness, and the norm of nondiscrimination. At some point this convergence of such diverse areas of law as nationality, diplomatic protection, and human rights will impose positive duties on successor states with respect to their inherited populations: namely the duty to secure effective nationality for persons affected by state succession.


Global Oceans Plitics: The Decision Process At The Third United Nations Conference On The Law Of The Sea, 1973-1982, Louis B. Sohn Jan 1998

Global Oceans Plitics: The Decision Process At The Third United Nations Conference On The Law Of The Sea, 1973-1982, Louis B. Sohn

Michigan Journal of International Law

Review of Global Oceans Politics: The Decision Process at the Third United Nations Conference on the Law of the Sea, 1973-1982 by Edward L. Miles


Why Nations Behave, Jose E. Alvarez Jan 1998

Why Nations Behave, Jose E. Alvarez

Michigan Journal of International Law

The idea for this symposium on "implementation, compliance and effectiveness" grew out of the 1997 annual meeting of the American Society of International Law (ASIL), devoted to that theme. As one of the co-chairs of that meeting, I suggested to the student editors of this journal that they solicit articles on a topic that has seized the attention of researchers within international law as well as in seemingly unrelated fields. As Professor Thomas Franck has indicated in a recent well-received book, an ever increasing number of scholars are going beyond well-worn debates about whether international law is truly "law" to …


Enforcement And The Evolution Of Cooperation, George W. Downs Jan 1998

Enforcement And The Evolution Of Cooperation, George W. Downs

Michigan Journal of International Law

The purpose of this article is to broadly characterize the political economy or institutionalist theory of enforcement and to present data that is at least a first step toward evaluating the managerial and transformationalist critiques. The first section will present a short, schematic summary of the role of enforcement as it is currently viewed in the "new institutions" or political economy literature in international relations. While doubtless familiar to many readers, this is an important point of departure. A notable portion of the debate about the role of enforcement continues to stem from differences in terminology and from the fact …


Sustainable Liberalism And The International Investment Regime, Kenneth J. Vandevelde Jan 1998

Sustainable Liberalism And The International Investment Regime, Kenneth J. Vandevelde

Michigan Journal of International Law

Since 1995, the Organization for Economic Cooperation and Development has been sponsoring negotiation of a multilateral agreement on investment. Several multilateral agreements protecting foreign investment already exist, although these are limited in their applicability to certain regions or sectors of the economy. This article argues that the consensus is not necessarily permanent, but reflects the momentary confluence of several political and economic trends. It concludes that, if the consensus is to be maintained, then States must use this moment to ensure the success of liberalism, rather than to seize temporary economic advantage. In essence, if a liberal investment regime is …


Conceptual, Methodological And Substantive Issues Entwined In Studying Compliance, Harold K. Jacobson Jan 1998

Conceptual, Methodological And Substantive Issues Entwined In Studying Compliance, Harold K. Jacobson

Michigan Journal of International Law

In his insightful introduction to this collection Jose E. Alvarez refers to the popularity of studies of "why nations behave." He explains this popularity as a response to the increasing waves of international regulation that have occurred during the closing years of the twentieth century, regulation that frequently involves issues previously left to nation states. As one who has been a participant over the past decade in an effort to discover answers to the question that Alvarez put so clearly, the author is pleased by the broad interest that the subject has gained and feels privileged to have an opportunity …


Slow Down: New Interventionism, Yubo Song Jan 1998

Slow Down: New Interventionism, Yubo Song

Michigan Journal of International Law

Review of The New Interventionism 1991-1994: United Nations Experience in Cambodia, Former Yugoslavia and Somalia (James Mayall ed.)


Jurisprudence Of The Committee On The Rights Of The Child: A Guide For Research And Analysis, Cynthia Price Cohen, Susan Kilbourne Jan 1998

Jurisprudence Of The Committee On The Rights Of The Child: A Guide For Research And Analysis, Cynthia Price Cohen, Susan Kilbourne

Michigan Journal of International Law

The purpose of this article and the attached tables is to give child rights advocates and scholars: 1) a bird's-eye view of the Convention and its implementation mechanism; 2) an introduction to the jurisprudence that is being developed as governments begin to put the Convention into effect; and 3) a guide to assist in research and analysis of the developing jurisprudence of the Committee on the Rights of the Child.