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Articles 1 - 24 of 24
Full-Text Articles in Law
Brightening The Covenant Chain: Aboriginal Treaty Meanings In Law And History After Marshall, Mark D. Walters
Brightening The Covenant Chain: Aboriginal Treaty Meanings In Law And History After Marshall, Mark D. Walters
Dalhousie Law Journal
The decision of the Supreme Court of Canada in R. v. Marshall raises some difficult questions about the interpretation of Crown-Aboriginal treaties, especially treaties dating from the eighteenth century. The Court acknowledged that the treaty context is important to establishing the meaning of treaty texts, and Aboriginal and non-Aboriginal perspectives must be considered. As a result, judges must have regard to historical analyses of Crown-Aboriginal relations when interpreting these old treaties. In this article, the author explores some of the complex theoretical problems that such legal-historical analyses create, focusing in particular upon the possibility that lawyers and judges may reach …
Britain And The European Convention, A. W. Brian Simpson
Britain And The European Convention, A. W. Brian Simpson
Cornell International Law Journal
No abstract provided.
The European Union And Legitimacy: Time For A European Constitution, Mark Killian Brewer
The European Union And Legitimacy: Time For A European Constitution, Mark Killian Brewer
Cornell International Law Journal
No abstract provided.
The Treaty Of St. Louis And Black Hawk's Bitterness, John K. Flanagan
The Treaty Of St. Louis And Black Hawk's Bitterness, John K. Flanagan
Northern Illinois University Law Review
In the process of expanding the American West, officials of the United States government negotiated and signed many treaties to obtain land from Indian tribes. Sometimes, more than one treaty was made with the same tribe regarding adjacent land after it was discovered by the government that the previous treaty gave too much land to the Indians. Arguably, many of these treaties involved a form of fraud or coercion on the part of government officials. One example of how lands were obtained by fraud is the Treaty of St. Louis. This article focuses on the reasons why Black Hawk, a …
The Un Global Compact: Responsibility For Human Rights, Labor Relations, And The Environment In Developing Nations, Betty King
Cornell International Law Journal
No abstract provided.
Sexual Orientation And International Law: A Study In The Manufacture Of Cross-Cultural "Sensitivity", Eric Heinze
Sexual Orientation And International Law: A Study In The Manufacture Of Cross-Cultural "Sensitivity", Eric Heinze
Michigan Journal of International Law
Interest groups advocating rights of sexual minorities have been lobbying international organizations for years without success. A standard explanation for that failure is that human sexuality is something complex, even mysterious, which requires that international organizations proceed with special caution. In this essay, it will be argued that such an explanation amounts to a self-fulfilling prophecy. Sexual orientation is neither more nor less complex than many other issues, such as race, ethnicity, religion or gender, which have nevertheless found wide recognition within leading intergovernmental organizations. It is not because sexual orientation is uniquely complex or mysterious that it is barred …
The Effectiveness Of European Community Law With Specific Regard To Directives: The Critical Step Not Taken By The European Court Of Justice, Carla A. Varner
The Effectiveness Of European Community Law With Specific Regard To Directives: The Critical Step Not Taken By The European Court Of Justice, Carla A. Varner
Michigan Journal of International Law
The purpose of this Note is to investigate the European Court of Justice's less expansive treatment of directives as compared to other forms of EC law through its failure to apply horizontal direct effect to directives. More specifically, this Note attempts to answer two questions which arise from the current status of ECJ jurisprudence: First, why has the Court been reluctant to implement horizontal direct effect for directives, especially in light of other actions it has taken to increase the potency of EC law? Second, given the alternative steps taken by the ECJ, is it still necessary to establish horizontal …
Prescriptive Treaties In Global Warming: Applying The Factors Leading To The Montreal Protocol, Jasmine Abdel-Khalik
Prescriptive Treaties In Global Warming: Applying The Factors Leading To The Montreal Protocol, Jasmine Abdel-Khalik
Michigan Journal of International Law
In order to combat the ever-increasing problem of global warming, developing nations need technology that will limit emissions while allowing for economic growth. This paper will first examine the problem of global warming. In Part II, the paper will explore the reasons developing nations currently are unable to reduce their emissions. In Part III, the paper will look at the factors leading to the success of the Montreal Protocol and examine the global warming debate in light of these factors.
The Irresolution Of Rome, Ruth Wedgwood
The Irresolution Of Rome, Ruth Wedgwood
Law and Contemporary Problems
Wedgwood argues that it would be a pity to allow international misjudgment of the long-term security environment to generate a disregard for the constructive tasks of American military power, and fatally hobble shared support for an effective criminal tribunal. American Senators and military leaders--and the American public--will want to see how the International Criminal Court works in practice before considering the possibility of full ratification and formal membership. If this "look-over" period is not safe, the advocates seeking a "war on the court" may win the day.
International Criminal Law After Rome: Concerns From A U.S. Military Perspective, William K. Lietzau
International Criminal Law After Rome: Concerns From A U.S. Military Perspective, William K. Lietzau
Law and Contemporary Problems
Lietzau argues that the US cannot support the International Criminal Court because it fails to recognize its unique responsibilities in the world when issues of international peace and security are involved. The changes sought by the US in the Rome Statute of the International Criminal Court should be implemented not just because US participation is key to an effective, functioning court, but because enacting them promotes the rule of law and is therefore the right thing to do.
United Nations Convention Documents In Light Of Feminist Theory, R. Christopher Preston, Ronald Z. Ahrens
United Nations Convention Documents In Light Of Feminist Theory, R. Christopher Preston, Ronald Z. Ahrens
Michigan Journal of Gender & Law
This article proposes that language identifying human rights of women in U.N. Conference documents has its origin in several different feminist theories. An understanding of these theories can help to clarify meaning, resolve inconsistencies, and predict the future direction of language in U.N. documents. Part I examines three prominent feminist theories and their relation to international law. Part II examines the history of women's rights in U.N. documents and examines the influence of feminist theory on the document language. Using the Women and the Economy section of the Fourth World Conference on Women, Platform for Action (Platform for Action), Part …
International Protection Of The United States Trademarks: A Survey Of Major International Treaties, E. Brooke Brinkerhoff
International Protection Of The United States Trademarks: A Survey Of Major International Treaties, E. Brooke Brinkerhoff
Richmond Journal of Global Law & Business
Globalization of the world has forced the evolution of international norms. Never before has the world been able to communicate so quickly across borders. Instantaneous global communication-the ability to send and receive not just e-mail messages, but documents, videos, and software-enables this instant communication.
High Crimes And Misconceptions: The Icc And Non-Party States, Madeline Morris
High Crimes And Misconceptions: The Icc And Non-Party States, Madeline Morris
Law and Contemporary Problems
The dilemma underlying the debate about the International Criminal Court's jurisdiction over non-party nationals stems primarily from the conflicting needs for the ICC to have sufficient jurisdictional powers to bring to justice perpetrators of genocide, war crimes, and crimes against humanity, and simultaneously, for states to retain appropriate discretion regarding methods of dispute settlement when the lawfulness of their official acts is in dispute.
Sino 301: How Congress Can Effectively Review Relations With China After Wto Accession, Charles Tiefer
Sino 301: How Congress Can Effectively Review Relations With China After Wto Accession, Charles Tiefer
Cornell International Law Journal
No abstract provided.
The International Criminal Court: Issues For Consideration By The United States Senate, Patricia Mcnerney
The International Criminal Court: Issues For Consideration By The United States Senate, Patricia Mcnerney
Law and Contemporary Problems
McNerney states that many in Congress who oppose the International Criminal Court are also some of the stronger advocates of the US speaking out against human rights abuses around the world. Rather than advocating the creation of an international criminal court that attempts to take decision making authority away from governments and invalidate the rule of law, however, they argue that more should be done to facilitate extradition of criminals to stand trial where they are accused.
The Role Of The Presiding Judge In Garnering Respect For Decisions Of International Courts, Jean Allain
The Role Of The Presiding Judge In Garnering Respect For Decisions Of International Courts, Jean Allain
Michigan Journal of International Law
The following study considers the role that should be assumed by a presiding judge to ensure full respect for the rule of law internationally. The foundation for this study lies in an examination of the dispute settlement provisions of the Law of the Sea Convention as well as its mechanism for the settlement of disputes-the International Tribunal for the Law of the Sea. The Tribunal was called upon to deliver judgment in the MIV Saiga case. The judgment, along with the primary dissenting opinion, are considered, compared, and analyzed in order to demonstrate the extent to which the judgment is, …
The Impact Of Family Paradigms, Domestic Constitutions, And International Conventions On Disclosure Of An Adopted Person's Identities And Heritage: A Comparative Examination, D. Marianne Brower Blair
The Impact Of Family Paradigms, Domestic Constitutions, And International Conventions On Disclosure Of An Adopted Person's Identities And Heritage: A Comparative Examination, D. Marianne Brower Blair
Michigan Journal of International Law
This article examines the extent to which international law has and will potentially influence the direction of the reform and implementation of adoption disclosure norms. Though it does not yet appear that international law mandates recognition of an absolute right to identifying information when such disclosure is opposed by a birth parent or adoptee, examination of these conventions and the response of the international community underscores the critical importance of identifying information to many adoptees, and a growing movement to afford primacy to their interests.
Game Theory And Customary International Law: A Response To Professors Goldsmith And Posner, Mark A. Chinen
Game Theory And Customary International Law: A Response To Professors Goldsmith And Posner, Mark A. Chinen
Michigan Journal of International Law
In a pair of recent articles, Professors Jack Goldsmith and Eric Posner have used game theoretic principles to challenge the positivist account of customary international law. Their writings join other early attempts to apply game theory to the international law sources. The author has two purposes in this Article. The first is to evaluate game theory's potential for yielding greater insight into customary international law and international law more generally. The second is to respond to the conclusions about customary international law drawn by Professors Goldsmith and Posner.
Further Thoughts On Customary International Law, Jack L. Goldsmith, Eric A. Posner
Further Thoughts On Customary International Law, Jack L. Goldsmith, Eric A. Posner
Michigan Journal of International Law
In two earlier articles, the tools of game theory were used to sketch a positive theoretical account of customary international law ("CIL"). This theory rejected as question-begging the usual explanations of CIL based on legality, morality, opinio juris, and related concepts. It was argued instead that CIL emerges from nations' pursuit of self-interested policies on the international stage. This approach helps explain many overlooked features of CIL, including how CIL originates and changes, why the content of CIL tracks the interest of powerful nations, and why nations change their views of CIL when their interests change. Finally, the practices …
Afterword, Mark A. Chinen
Afterword, Mark A. Chinen
Michigan Journal of International Law
The author prefaces the afterword in the following manner: “Professors Goldsmith and Posner have given an insightful reply to my Article. It has been a pleasure to engage in a discussion of these issues with respected colleagues via this exchange of writings, and I am grateful to the Journal for providing the opportunity to do so. Most of the positions I have taken are already adequately discussed in the body of the Article, and this afterword is not intended to summarize all of the arguments made there. However, I wanted to address some of the points Professors Goldsmith and Posner …
The International Criminal Court: Current Issues And Perspectives, Philippe Kirsch Q.C.
The International Criminal Court: Current Issues And Perspectives, Philippe Kirsch Q.C.
Law and Contemporary Problems
The creation of a permanent international criminal court (ICC) has been seen as a desirable objective for a long time, but its implementation is hampered by controversy. Proponents of the court believe that the ICC has great potential to render justice in cases of genocide, war crimes, and crimes against humanity, and to deter the future perpetration of those crimes. Skeptics question the wisdom of placing the power to adjudicate highly politically charged cases into the hands of an international tribunal.
The Icc’S Jurisdiction Over The Nationals Of Non-Party States: A Critique Of The U.S. Position, Michael P. Scharf
The Icc’S Jurisdiction Over The Nationals Of Non-Party States: A Critique Of The U.S. Position, Michael P. Scharf
Law and Contemporary Problems
Scharf analyzes the validity of the US argument against the International Criminal Court's jurisdiction over the national of non-party states in the context of historic precedent and the principles underlying international criminal jurisdiction, and demonstrates that it is not the jurisdiction of the ICC over the nationals of nonparty states, but the US government's legal argument, which rests on shaky foundations. He also highlights the potential unintended repercussions of the current US legal position.
Removing Dam Development To Recover Columbia Basin Treaty Protected Salmon Economies, Rollie Wilson
Removing Dam Development To Recover Columbia Basin Treaty Protected Salmon Economies, Rollie Wilson
American Indian Law Review
No abstract provided.
Toward U.S. Acceptance Of The International Criminal Court, Bruce Broomhall
Toward U.S. Acceptance Of The International Criminal Court, Bruce Broomhall
Law and Contemporary Problems
The US would be undermining its own interests by insisting on insulation of its personnel as the price for its toleration or support for the International Criminal Court. Broomhall argues that the US ought, in its own interest, to lay the foundations for eventually supporting the ICC, notwithstanding the potential (albeit remote) risk of investigation of its nationals.