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Articles 1 - 15 of 15
Full-Text Articles in Law
Disaggregating Customary International Law, Paul B. Stephan
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 …