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Articles 571 - 577 of 577
Full-Text Articles in Law
The Inductive Approach Revisited, Anthony D'Amato
The Inductive Approach Revisited, Anthony D'Amato
Faculty Working Papers
A significant theoretical dispute has opened between Schwarzenberger and Jenks over the former's inductive approach to international law. At least three questions may be asked of the debate between Schwarzenberger and Jenks: (1) Is the inductive method inherently limited in its usefulness? (2) Given the use of an inductive approach, is there any room left for creativity in international law? (3) More basically, is Schwarzenberger's self-styled inductive approach really inductive?
The Neo-Positivist Concept Of International Law, Anthony D'Amato
The Neo-Positivist Concept Of International Law, Anthony D'Amato
Faculty Working Papers
The question "Is international law really law?" has not proved troublesome, according to Hart, because "a trivial question about the meaning of words has been mistaken for a serious question about the nature of things." Hart defends international law in Bentham's terms as "sufficiently analogous" to municipal law. It is important to see in what way this analogy is viewed by Hart in order to determine whether the reasoning he offers is too high a price to pay for accepting a neo-positivist into the circle of those who hold that international law is really law.
The Justiciability Of International River Disputes: A Study In The Case Method, William W. Van Alstyne
The Justiciability Of International River Disputes: A Study In The Case Method, William W. Van Alstyne
Faculty Publications
This paper attempts to more accurately define the doctrine of equitable apportionment governing non-navigable use of international rivers so that practitioners of international law may more easily predict the results of future cases.
Treaties As A Source Of General Rules Of International Law, Anthony D'Amato
Treaties As A Source Of General Rules Of International Law, Anthony D'Amato
Faculty Working Papers
Attempts a theoretical explanation of the power of treaties to extend their rules to nations not parties to them—to rationalize, in a nonpejorative use of that term, the Court's citation of the Bancroft treaties in Nottebohm and its use of treaty provisions in other cases—and to provide a basis for the continued use of the contents of treaties in assessing the requirements of international law. Thus this paper is basically argumentative—it attempts to state what the law ought to be by demonstrating that the law as it is logically compels the adoption of the present thesis
International Law And Interstate River Disputes, William W. Van Alstyne
International Law And Interstate River Disputes, William W. Van Alstyne
Faculty Publications
No abstract provided.
The United Nations Organization And International Law, Harrop A. Freeman
The United Nations Organization And International Law, Harrop A. Freeman
Faculty Publications
No abstract provided.
Renvoi, Characterization, Localization And Preliminary Question In The Conflict Of Laws: A Study Of Problems Involved In Determining Whether Or Not The Forum Should Follow Its Own Choice Of A Conflict-Of-Laws Principle, Joseph M. Cormack
Faculty Publications
No abstract provided.