Law Commons^™

An Eye Toward Effective Enforcement: A Technical-Comparative Approach To The Drafting Negotiations, Tara J. Melish

Tara Melish

Published as Chapter 5 in Human Rights and Disability Advocacy, Maya Sabatello & Marianne Schulze, eds.

The unprecedented level of civil society participation that took place in the drafting of the U.N. Convention on the Rights of Persons with Disabilities (CRPD) constitutes a major key to its success -- laying a solid foundation for the much longer and harder process of implementation ahead. This piece addresses how one civil society organization -- Disability Rights International (DRI) -- approached the negotiation process. Part I explains the strategic approach DRI adopted, highlighting its methodology, the guiding principles it embraced, and the resulting …

Assessing The Climate Impacts Of U.S. Trade Agreements, Matthew C. Porterfield, Kevin P. Gallagher, Judith Claire Schachter

Michigan Journal of Environmental & Administrative Law

Meeting the ambitious goals of the Paris Agreement will require the United States and other major greenhouse gas (GHG) emitters to integrate climate change considerations into all relevant areas of economic policy. The United States, however, has conspicuously failed to do so with regard to international trade negotiations. International trade agreements tend to increase GHG emissions due to the economic effects of trade liberalization, including increases in the scale of economic activity and changes in the composition of the affected economies. Trade agreements can also affect climate change in less quantifiable but potentially more significant ways by restricting the ability …

United Nations Against Slavery: Unravelling Concepts, Institutions And Obligations, Vladislava Stoyanova

Michigan Journal of International Law

The article starts with a section containing a historical description (Part I). The turn to broader historical accounts is apposite since the engagement of international law with slavery, servitude, and forced labor predates the emergence of international human rights law. It is also important to clarify whether there is any continuity between these earlier engagements of international law and Article 8 of the ICCPR. When it comes to slavery, it is important to consider the practices to which this label was attached and how this still influences the contemporary understanding of the term. Notably, the terminological fragmentation between slavery and …

International Law And Contemporary Slavery: The Long View, Rebecca J. Scott

Michigan Journal of International Law

The three essays in this special issue come together to confirm the value of exploring varying domestic expressions of and adaptations to international legal ideals. In each polity, lawmakers have viewed the terms “slavery” and “slave labor” in part through a domestic historical lens, and have drafted (or failed to draft) legislation accordingly. The United States inherited core concepts dating back to the moment of abolition of chattel slavery, and thus initially built its prohibitions of modern slavery on nineteenth-century rights guarantees and anti-peonage statutes, later reinforced by modern concepts of human trafficking. Having just emerged from a long dictatorship, …

Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson

Articles

In this section: Congress Enacts Sanctions Legislation Targeting Russia • United States and Qatar Sign Memorandum of Understanding over Terrorism Financing • Trump Reverses Certain Steps Toward Normalizing Relations with Cuba • United States Announces Plans to Withdraw from Paris Agreement on Climate Change • President Trump Issues Trade-Related Executive Orders and Memoranda • United States, Russia, and Jordan Sign Limited Ceasefire for Syria • Trump Administration Recertifies Iranian Compliance with JCPOA Notwithstanding Increasing Concern with Iranian Behavior

The Role And Future Of Sovereign Wealth Funds: A Trade And Investment Perspective, Locknie Hsu

Research Collection Yong Pung How School Of Law

Sovereign wealth funds ("SWFs") have been greeted with bothenthusiasm and suspicion. In one respect, they have been called "white knights," where they step in to inject financing to troubledentities.' In others, they have been called "Trojan horses" and"chameleons."

Reply On The Work Of International Law, Monica Hakimi

Articles

"In the Article, I distill and then criticize a prominent view about the role of international law in the global order. The view—what I call the “cooperation thesis”—is that international law serves to foster a particular kind of cooperation, specifically to help the participants achieve their common aims and curb their disputes. Lawyers who subscribe to this view of course appreciate that international law is, like all law, often contentious in operation. But they posit that, unless such conflict is overcome, it detracts from cooperation and evinces the limits of international law. That view is wrong. It incorrectly assumes that …

Contemporary Practice Of The United States Relating To International Law, Kristina Daugirdas, Julian Davis Mortenson

Articles

In this section: • Trump Administration Takes Steps to Implement Bilateral Agreement with Australia Regarding Refugees • Trump Administration Criticizes NATO Members for Failing to Meet Defense Spending Guideline; United States Joins Other NATO Members in Supporting Montenegro’s Membership in the Organization • President Trump Issues Executive Orders Suspending Refugee Program and Barring Entry by Individuals from Specified Countries • Trump Administration Maintains Nuclear Deal with Iran, Despite Persistent Skepticism • United States Strikes Syrian Government Airbase in Response to Chemical Weapons Attacks by Syrian Forces; Two Additional Strikes on Syrian Government Forces Justified by Defense of Troops Rationale • …

Chinese Bilateral Judgment Enforcement Treaties, King Fung (Dicky) Tsang

Loyola of Los Angeles International and Comparative Law Review

No abstract provided.

Making Treaty Implementation More Like Statutory Implementation, Jean Galbraith

Michigan Law Review

Both statutes and treaties are the “supreme law of the land,” and yet quite different practices have developed with respect to their implementation. For statutes, all three branches have embraced the development of administrative law, which allows the executive branch to translate broad statutory directives into enforceable obligations. But for treaties, there is a far more cumbersome process. Unless a treaty provision contains language that courts interpret to be directly enforceable, they will deem it to require implementing legislation from Congress. This Article explores and challenges the perplexing disparity between the administration of statutes and treaties. It shows that the …

1874 - The Indian Question, Francis A. Walker

US and Indian Relations

This 1874 book consists of two articles previously published in "The North American," April 1873 (The Indian Question), and "The International Review, May 1874 (Indian Citizenship), along with an account of the numbers, locations, and the social and industrial conditions of each important tribe and band of Indians within the United States. The Indian question is divided into two: "What shall be done with the Indian as an obstacle to the national progress? What shall be done with him when, and so far as, he ceases to oppose or obstruct the extension of railways and settlements? …

1907 - Annual Reports Of Department Of Interior For 1906 On Indian Affairs

US and Indian Relations

Detailed report on the efforts by the US government to manage Indian affairs, educate the Indians, and legislation regarding the Indians. In part, issues covered relate to employees, farming, health, schools, specific tribes, irrigation, forestry, minerals, supplies, finances, and statistics.

1893 - Report Of The Commissioner Of Indian Affairs For 1893

US and Indian Relations

Detailed report on the efforts by the US government to manage Indian affairs, educate the Indians, and legislation regarding the Indians. In part, issues covered relate to employees, farming, health, schools, specific tribes, irrigation, forestry, minerals, supplies, finances, and statistics.

1909 - Report Of The Commissioner Of Indian Affairs For 1909

US and Indian Relations

Detailed report on the efforts by the US government to manage Indian affairs, educate the Indians, and legislation regarding the Indians. In part, issues covered relate to employees, farming, health, schools, specific tribes, irrigation, forestry, minerals, supplies, finances, and statistics.

1903 - Report Of The Commissioner Of Indian Affairs For Fiscal Year Ended June 30, 1902, Part 1

US and Indian Relations

Detailed report on the efforts by the US government to manage Indian affairs, educate the Indians, and legislation regarding the Indians. In part, issues covered relate to employees, farming, health, schools, specific tribes, irrigation, forestry, minerals, supplies, finances, and statistics.

1899 - Report Of The Commissioner Of Indian Affairs For 1899, Part 1

US and Indian Relations

Detailed report on the efforts by the US government to manage Indian affairs, educate the Indians, and legislation regarding the Indians. In part, issues covered relate to employees, farming, health, schools, specific tribes, irrigation, forestry, minerals, supplies, finances, and statistics.

1896 - Annual Report Of The Commissioner Of Indian Affairs For 1895

US and Indian Relations

Detailed report on the efforts by the US government to manage Indian affairs, educate the Indians, and legislation regarding the Indians. In part, issues covered relate to employees, farming, health, schools, specific tribes, irrigation, forestry, minerals, supplies, finances, and statistics.

1892 - Report Of The Commissioner Of Indian Affairs For 1892 (Pages 993-1294)

US and Indian Relations

Detailed report on the efforts by the US government to manage Indian affairs, educate the Indians, and legislation regarding the Indians. In part, issues covered relate to employees, farming, health, schools, specific tribes, irrigation, forestry, minerals, supplies, finances, and statistics.

1892 - Report Of The Commissioner Of Indian Affairs For 1892 (Pages 493-992)

US and Indian Relations

Detailed report on the efforts by the US government to manage Indian affairs, educate the Indians, and legislation regarding the Indians. In part, issues covered relate to employees, farming, health, schools, specific tribes, irrigation, forestry, minerals, supplies, finances, and statistics. (Pages 493-992 of 1,294)

1865 - Report Of The Commissioner Of Indian Affairs For 1864

US and Indian Relations

Detailed report on the efforts by the US government to civilize, educate and provide moral training to the original inhabitants. This largely involved placing the Indians on reservations, teaching them agricultural and homebuilding skills, training them in proper dress and customs of the white man and providing opportunities for education.

1865 - Report Of The Commissioner Of Indian Affairs For 1865

US and Indian Relations

Detailed report on the efforts by the US government to civilize, educate and provide moral training to the original inhabitants. This largely involved placing the Indians on reservations, teaching them agricultural and homebuilding skills, training them in proper dress and customs of the white man and providing opportunities for education.

1870 - Report Of The Commission Of Indian Affairs For 1870

US and Indian Relations

Detailed report on the efforts by the US government to civilize, educate and provide moral training to the original inhabitants. This largely involved placing the Indians on reservations, teaching them agricultural and homebuilding skills, training them in proper dress and customs of the white man and providing opportunities for education.

1918 - Report Of The Commissioner Of Indian Affairs For 1918

US and Indian Relations

Detailed report on the efforts by the US government to manage Indian affairs, educate the Indians, and legislation regarding the Indians. In part, issues covered relate to employees, farming, health, schools, specific tribes, irrigation, forestry, minerals, supplies, finances, and statistics.

1938 - Report Of The Commissioner Of Indian Affairs For 1938

US and Indian Relations

Detailed report on the efforts by the US government to manage Indian affairs, educate the Indians, and legislation regarding the Indians. In part, issues covered relate to employees, farming, health, schools, specific tribes, irrigation, forestry, minerals, supplies, finances, and statistics.

1929 - Report Of The Commissioner Of Indian Affairs For 1929

US and Indian Relations

Detailed report on the efforts by the US government to manage Indian affairs, educate the Indians, and legislation regarding the Indians. In part, issues covered relate to employees, farming, health, schools, specific tribes, irrigation, forestry, minerals, supplies, finances, and statistics.

1914 - Report Of The Commissioner Of Indian Affairs For 1913

US and Indian Relations

Detailed report on the efforts by the US government to manage Indian affairs, educate the Indians, and legislation regarding the Indians. In part, issues covered relate to employees, farming, health, schools, specific tribes, irrigation, forestry, minerals, supplies, finances, and statistics.

1911 - Report Of The Commissioner Of Indian Affairs For 1910

US and Indian Relations

Detailed report on the efforts by the US government to manage Indian affairs, educate the Indians, and legislation regarding the Indians. In part, issues covered relate to employees, farming, health, schools, specific tribes, irrigation, forestry, supplies, finances, and statistics.

1907 - Report Of The Commissioner Of Indian Affairs For 1907

US and Indian Relations

Detailed report on the efforts by the US government to civilize, educate and provide moral training to the original inhabitants. This largely involved placing the Indians on reservations, teaching them agricultural and homebuilding skills, training them in proper dress and customs of the white man and providing opportunities for education. Addresses, in part, recent laws regarding Indians and need for coordination amongst governmental agencies.

1909 - Report Of The Commissioner Of Indian Affairs For 1908

US and Indian Relations

Detailed report on the efforts by the US government to civilize, educate and provide moral training to the original inhabitants. This largely involved placing the Indians on reservations, teaching them agricultural and homebuilding skills, training them in proper dress and customs of the white man and providing opportunities for education.

1912 - Report Of The Commissioner Of Indian Affairs For 1911

US and Indian Relations

Detailed report on the efforts by the US government to manage Indian affairs, educate the Indians, and legislation regarding the Indians. In part, issues covered relate to employees, farming, health, schools, specific tribes, irrigation, forestry, supplies, finances, and statistics.