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Articles 1 - 15 of 15

Full-Text Articles in Law

Disaggregating Customary International Law, Paul B. Stephan Oct 2010

Disaggregating Customary International Law, Paul B. Stephan

Duke Journal of Comparative & International Law

No abstract provided.


Disintegrating Customary International Law: Reactions To Withdrawing From International Custom, Christiana Ochoa Oct 2010

Disintegrating Customary International Law: Reactions To Withdrawing From International Custom, Christiana Ochoa

Duke Journal of Comparative & International Law

No abstract provided.


Customary International Law And Withdrawal Rights In An Age Of Treaties, Curtis A. Bradley, Mitu Gulati Oct 2010

Customary International Law And Withdrawal Rights In An Age Of Treaties, Curtis A. Bradley, Mitu Gulati

Duke Journal of Comparative & International Law

No abstract provided.


Acquiescence, Objections And The Death Of Customary International Law, David J. Bederman Oct 2010

Acquiescence, Objections And The Death Of Customary International Law, David J. Bederman

Duke Journal of Comparative & International Law

No abstract provided.


Withdrawing From Custom: Choosing Between Default Rules, Rachel Brewster Oct 2010

Withdrawing From Custom: Choosing Between Default Rules, Rachel Brewster

Duke Journal of Comparative & International Law

No abstract provided.


Exiting Custom: Analogies To Treaty Withdrawals, Laurence R. Helfer Oct 2010

Exiting Custom: Analogies To Treaty Withdrawals, Laurence R. Helfer

Duke Journal of Comparative & International Law

No abstract provided.


On The Possibilities Of And For Persistent Objection, Dino Kritsiotis Oct 2010

On The Possibilities Of And For Persistent Objection, Dino Kritsiotis

Duke Journal of Comparative & International Law

No abstract provided.


Exit, No Exit, Barbara Koremenos, Allison Nau Oct 2010

Exit, No Exit, Barbara Koremenos, Allison Nau

Duke Journal of Comparative & International Law

No abstract provided.


Withdrawing From Custom And The Paradox Of Consensualism In International Law, C. L. Lim, Olufemi Elias Oct 2010

Withdrawing From Custom And The Paradox Of Consensualism In International Law, C. L. Lim, Olufemi Elias

Duke Journal of Comparative & International Law

No abstract provided.


Who Killed Article 38(1)(B)? A Reply To Bradley And Gulati, Anthea Roberts Oct 2010

Who Killed Article 38(1)(B)? A Reply To Bradley And Gulati, Anthea Roberts

Duke Journal of Comparative & International Law

No abstract provided.


Bespoke Custom, Edward T. Swaine Oct 2010

Bespoke Custom, Edward T. Swaine

Duke Journal of Comparative & International Law

No abstract provided.


Persistent Objectors, Cooperation, And The Utility Of Customary International Law, Joel P. Trachtman Oct 2010

Persistent Objectors, Cooperation, And The Utility Of Customary International Law, Joel P. Trachtman

Duke Journal of Comparative & International Law

No abstract provided.


Dispute Regarding Navigational And Related Rights (Costa Rica V. Nicaragua), Coalter G. Lathrop Jan 2010

Dispute Regarding Navigational And Related Rights (Costa Rica V. Nicaragua), Coalter G. Lathrop

Faculty Scholarship

No abstract provided.


International Soft Law, Andrew T. Guzman, Timothy L. Meyer Jan 2010

International Soft Law, Andrew T. Guzman, Timothy L. Meyer

Faculty Scholarship

Although the concept of soft law has existed for years, scholars have not reached consensus on why states use soft law or even whether “soft law” is a coherent analytic category. In part, this confusion reflects a deep diversity in both the types of international agreements and the strategic situations that produce them. In this paper, we advance four complementary explanations for why states use soft law that describe a much broader range of state behavior than has been previously explained.

First, and least significantly, states may use soft law to solve straightforward coordination games in which the existence of …


The United States And Human Rights Treaties: Race Relations, The Cold War, And Constitutionalism, Curtis A. Bradley Jan 2010

The United States And Human Rights Treaties: Race Relations, The Cold War, And Constitutionalism, Curtis A. Bradley

Faculty Scholarship

The United States prides itself on being a champion of human rights and pressures other countries to improve their human rights practices, and yet appears less willing than other nations to embrace international human rights treaties. Many commentators attribute this phenomenon to the particular historical context that existed in the late 1940s and early 1950s when human rights treaties were first being developed. These commentators especially emphasize the race relations of the time, noting that some conservatives resisted the developing human rights regime because they saw it as an effort by the federal government to extend its authority to address …