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Articles 1 - 16 of 16
Full-Text Articles in Law
The International Human Rights Regime And Supranational Regional Organizations: The Challenge Of The Eu, Pauline Hilmy
The International Human Rights Regime And Supranational Regional Organizations: The Challenge Of The Eu, Pauline Hilmy
Michigan Journal of International Law
The global legal order as we know it today developed largely to accommodate and facilitate the modern state system that arose in the wake of the 1648 Treaty of Westphalia. As a result, international law consists primarily of international agreements1 and customary rules arising out of state practice and recognition.2 States still remain the primary subjects of international law today, but they are increasingly joined by other actors on the global stage, including international organizations and individuals–and the global legal order has struggled to adapt and adjust.
Reframing International Financial Regulation After The Global Financial Crisis: Rational States And Interdependence, Not Regulatory Networks And Soft Law, Matthew C. Turk
Reframing International Financial Regulation After The Global Financial Crisis: Rational States And Interdependence, Not Regulatory Networks And Soft Law, Matthew C. Turk
Michigan Journal of International Law
The British bank Northern Rock failed on September 14, 2007; U.S. investment bank Bear Stearns collapsed on March 17, 2008 and was subject to a government-engineered takeover by J.P. Morgan Chase; and, on the night of September 15, 2008, U.S. investment bank Lehman Brothers filed for bankruptcy and sent global financial markets into disarray the following Monday morning. These financial institutions shared several features in common prior to their downfall, but perhaps the most curious is that they were each considered fully compliant with the second generation framework for the Basel Accords on Capital Adequacy (Basel II), an international agreement …
Reconstructing The Effective Control Criterion In Extraterritorial Human Rights Breaches: Direct Attribution Of Wrongfulness, Due Diligence, And Concurrent Responsibility, Vassilis P. Tzevelekos
Reconstructing The Effective Control Criterion In Extraterritorial Human Rights Breaches: Direct Attribution Of Wrongfulness, Due Diligence, And Concurrent Responsibility, Vassilis P. Tzevelekos
Michigan Journal of International Law
As one of the core elements of statehood, territory is inextricably linked to sovereignty. For this reason, jurisdiction is primarily territorial. In principle, the sphere of power of the sovereign state—including its competence to exercise legislative, judicial, and executive authority—applies within the confines of its own territory. Otherwise, the state risks interfering with the sovereignty of other states and thereby breaking one of the fundamental principles of Public International Law (PIL), that of sovereign equality. The principle of sovereign equality dictates that all assertions of jurisdiction have to be balanced with the sovereign rights of other states. This is why …
Formulary Appointment In The U.S. International Income Tax System: Putting Lipstick On A Pig?, J. Clifton Fleming Jr., Robert J. Peroni, Stephen E. Shay
Formulary Appointment In The U.S. International Income Tax System: Putting Lipstick On A Pig?, J. Clifton Fleming Jr., Robert J. Peroni, Stephen E. Shay
Michigan Journal of International Law
An affiliated corporate group consists of two or more corporations linked by sufficient stock ownership to cause them to function as an economic unit instead of as independent economic actors. Thus, an affiliated corporate group engaged in international business is often referred to as a multinational enterprise (MNE), a term that we will use throughout this Article. When corporate members of an MNE engage in transactions among themselves, the prices they employ (transfer prices) will significantly affect the amount of overall MNE income that is allocated to each member and, hence, to the tax bases of the various countries in …
Can Self-Regulation Work? Lessons From The Private Security And Military Industry, Daphné Richemond-Barak Phd
Can Self-Regulation Work? Lessons From The Private Security And Military Industry, Daphné Richemond-Barak Phd
Michigan Journal of International Law
The private security and military industry has undergone a dramatic shift over the past decade—from an under-regulated sphere of activity to one in which an array of self-regulatory schemes has emerged. These regulatory initiatives took shape as states, security companies, and the broader public recognized the need to clarify the legal framework applicable to private security and military companies. Private contractors, once regarded as mercenaries, have over the past two decades played an increasingly central role in support of modern militaries. Reasons for this phenomenon range from budgetary policy to the need for specialized expertise most readily available in the …
The Two Faces Of Bribery: International Corruption Pathways Meet Conflicting Legislative Regimes, Jeffrey R. Boles
The Two Faces Of Bribery: International Corruption Pathways Meet Conflicting Legislative Regimes, Jeffrey R. Boles
Michigan Journal of International Law
Suppose a government agency tasks its purchasing agent with buying a set of computer servers for the agency’s use, and the agent contacts a technology company to make the purchase. After selecting the needed servers, the agent learns of the servers’ fair market value but does not negotiate with the technology company to obtain the lowest possible price. Instead, unbeknownst to the government, the agent agrees with the technology company’s sales manager to purchase the servers on behalf of the government for an amount significantly above their fair market value, and, in return, the company agrees to give the agent …
Multipolarity, Intellectual Property, And The Internationalization Of Public Health Law, Sam F. Halabi
Multipolarity, Intellectual Property, And The Internationalization Of Public Health Law, Sam F. Halabi
Michigan Journal of International Law
The cause of global health today is arguably the most influential human rights movement ever seen, mobilizing vast flows of direct and indirect aid to the developing world to fight disease and build health care infrastructure; prompting the establishment of international organizations like UNAIDS and the Global Fund to fight AIDS, Tuberculosis and Malaria (Global Fund); including global health as a priority in major diplomatic summits; and driving the formation and implementation of international agreements to address global health threats. Champions of this movement claim that the diverse and influential state and non-state actors participating in the development of the …
The Great Power Origins Of Human Rights, Seth Mohney
The Great Power Origins Of Human Rights, Seth Mohney
Michigan Journal of International Law
For years, historians depicted the history of human rights as the inexorable triumph of universal norms. This account underestimates both the historical and contemporary uncertainty surrounding many international human rights. As even casual observers must note, the tale of human rights progress is not littered with beneficent heads of state persuaded to pursue progress by the moral charge of universal norms. Instead, this history’s primary scenes feature struggles among great powers, peoples, and movements advancing diverse interests. Recognizing the complexity of human rights history, a new generation of historians has emphasized that human rights progress is not preordained, but rather …
The Future Of The Law Of Armed Conflict: Ostriches, Butterflies, And Nanobots , Eric Talbot Jensen
The Future Of The Law Of Armed Conflict: Ostriches, Butterflies, And Nanobots , Eric Talbot Jensen
Michigan Journal of International Law
The historical fact that the law of armed conflict (LOAC) has always lagged behind current methods of warfare does not mean that it always must. This Article will argue that the underlying assumption that law must be reactive is not an intrinsic reality inherent in effective armed conflict governance. Rather, just as military practitioners work steadily to predict new threats and defend against them, LOAC practitioners need to focus on the future of armed conflict and attempt to be proactive in evolving the law to meet future needs.
The Law Of Diplomatic Asylum–A Contextual Approach, Paul Behrens
The Law Of Diplomatic Asylum–A Contextual Approach, Paul Behrens
Michigan Journal of International Law
This Article will deal with the conduct of diplomatic missions and their agents; it will primarily address the question of whether they are entitled to grant asylum on diplomatic premises. That is not the same as the question whether a refugee may be entitled to asylum on mission premises— the individual asylum seeker may be subject to a different set of norms.
Experiments In International Criminal Justice: Lessons From The Khmer Rouge Tribunal, John D. Ciorciari, Anne Heindel
Experiments In International Criminal Justice: Lessons From The Khmer Rouge Tribunal, John D. Ciorciari, Anne Heindel
Michigan Journal of International Law
Important experiments in international criminal justice have been taking place at the Extraordinary Chambers in the Courts of Cambodia (ECCC or Court), a tribunal created by the United Nations and Cambodian Government to adjudicate some of the most egregious crimes of the Pol Pot era.2 The tribunal opened its doors in 2006, and although its work continues, its first seven years of operations provide an opportunity to evaluate its performance and judge the extent to which legal and institutional experiments at the ECCC have been successful to date. This Article will show that, in general, the ECCC’s most unique and …
Food Miles: Environmental Protection Or Veiled Protectionism?, Meredith Kolsky Lewis, Andrew D. Mitchell
Food Miles: Environmental Protection Or Veiled Protectionism?, Meredith Kolsky Lewis, Andrew D. Mitchell
Michigan Journal of International Law
Eat local. Such a small phrase yet such a loaded proposition. Buying food from nearby sources has become a popular objective. This aim is associated with helping farmers in one’s country or region; observing the seasonality of one’s location; eating fresher foods; striving for food security; and protecting the environment. One of the unmistakable messages of the “locavore” movement is that importing food—particularly food that comes from far away—causes environmental harm. The theory is that transporting food long distances results in the release of high levels of greenhouse gases (GHGs) into the atmosphere and is thus a dangerous contributor to …
Human Rights And The New Reality Of Climate Change: Adaptation's Limitations In Achieving Climate Justice , Zackary L. Stillings
Human Rights And The New Reality Of Climate Change: Adaptation's Limitations In Achieving Climate Justice , Zackary L. Stillings
Michigan Journal of International Law
In 2005, the Inuit of Canada and the United States filed a petition with the Inter American Commission on Human Rights, alleging that their respective governments had violated their human rights by failing to mitigate climate change harms. The Inuit alleged violations of several specific human rights, including the right to enjoy their culture; the right to enjoy and use the lands they have traditionally occupied; the right to use and enjoy their personal property; the right to health; the right to life, physical integrity, and security; the right to their own means of subsistence; and the right to residence …
An Evaluation Of The Prospects For Successful Implementation Of The Convention On The Rights Of Persons With Disabilities In The Islamic World, Brenton Kinker
An Evaluation Of The Prospects For Successful Implementation Of The Convention On The Rights Of Persons With Disabilities In The Islamic World, Brenton Kinker
Michigan Journal of International Law
This note will examine the CRPD’s aspirations in light of Islamic law, comparing whether the two are—or can be—consistent. Part I will provide background on the CRPD, including the intent of the treaty, the negotiations leading to the final wording, and the solid obligations it contains for state parties. Part II examines the background of Shari’a and its provisions regarding disability. Part III compares the treatment of the disabled under Islamic law with that required by the CRPD in order to gage consistency. Where tensions exist, alternative interpretations of both Islamic law and the CPRD are proposed that might facilitate …
Technology, Ethics, And Access To Justice: Should An Alogrithm Be Deciding Your Case?, Anjanette H. Raymond, Scott J. Shackelford
Technology, Ethics, And Access To Justice: Should An Alogrithm Be Deciding Your Case?, Anjanette H. Raymond, Scott J. Shackelford
Michigan Journal of International Law
At a time of U.S. budget cuts, popularly known as the “sequester,” court systems across the nation are facing financial shortfalls. Small claims courts are no exception. Among the worst hit states is California, which is suffering staffing cutbacks that result in long delays prompting consideration of the old maxim, “justice delayed is justice denied.” Similar problems, albeit on a larger scale, are evident in other nations including India where the Law Commission has argued that the millions of pending cases combined with the lagging uptake of technological best practices has impeded judicial productivity, leading to “disappointment and dissatisfaction among …
Paper Compliance: How China Implements Wto Decisions , Timothy Webster
Paper Compliance: How China Implements Wto Decisions , Timothy Webster
Michigan Journal of International Law
China’s growing economic and military clout generates scrutiny, optimism, insecurity, opportunism, opprobrium, and unease around the world, especially in the United States. Many question China’s role on the world stage. Politicians and academics openly doubt China abides by international law and other global standards of state conduct promulgated by Western liberal democracies since the end of World War II. The game may change—international trade, territorial and maritime disputes, environmental law, human rights, arms control, riparian rights, cyber-crime, endangered species—but the concern remains the same: is China an international scofflaw?