Law Commons^™

Towards A Global Parliament, Andrew Strauss

Andrew L. Strauss

No abstract provided.

Complexity Theory And The Horizontal And Vertical Dimensions Of State Responsibility, Mark A. Chinen

Mark A. Chinen

In this Article I argue along with other commentators that a gap that has always existed in the law of state responsibility is now becoming more evident, namely the one that exists between a state and its citizens, making it difficult to justify why state responsibility should be distributed to those citizens. If for example a state agrees at the international level to undertake domestic austerity measures, why should its citizens bear the costs of such measures, especially when the same state is obligated under international law to protect those citizens’ human rights?

I use concepts taken from complexity theory …

Livingstone And The Law: Africa’S Greatest Explorer And The Abolition Of The Slave Trade, Jay Milbrandt

Jay Milbrandt

Few historical events have had such tragic, widespread, and lingering consequences as the exportation of slaves from Africa. While the abolition of western Africa’s transatlantic slave trade is well documented, the events and legal framework that led to the abolition of the slave trade in East Africa remain practically untold. There, an unlikely hero championed abolition: Missionary and explorer Dr. David Livingstone. His method: an ambitious publicity stunt to dramatically change international law.

This article will illustrate how explorer David Livingstone’s advocacy profoundly affected the legal landscape to restrict the slave trade in East Africa, and eventually dealt the deathblow …

Hydropower: It's A Small World After All, Gina Warren

Gina Warren

Global warming is here. As exhibited by the recent droughts, heat waves, severe storms and floods, climate change is no longer a question for the future, but a problem for the present. Of the many ways to help combat climate change, this article discusses the use of the most abundant renewable energy source on the plant – water. While large-scale hydropower (think Hoover Dam) is unlikely to see increased development due to its negative impact on the environment, fish, and wildlife, small-scale hydropower (think a highly technologically-advanced water mill) is environmentally-friendly and would produce clean, renewable energy to benefit local …

The Cooperative As Proletarian Corporation: Property Rights Between Corporation, Cooperatives And Globalization In Cuba, Larry Cata Backer

Larry Cata Backer

Since the 1970s, the issue of the relationship between productive property, the state and the individual has been contested in Marxist Leninist states. While China has moved to a more managerial form of relationship, states like Cuba continue to adhere to more strict principles of state control of productive property. However, in the face of recent financial upheavals and Cuba’s long effort to create alternative forms of regional economic engagement, Cuba’s approach to economic regulation has been undergoing limited change. This essay considers the form and scope of Cuban approaches to economic reorganization in the wake of the adoption of …

An Integrative Model For Icc Enforcement Of Arrest & Surrender Requests: Towards A More Political Court?, Nadia Banteka

Nadia Banteka

No abstract provided.

Freedom From Fear: International Law As A Constructive Force For Supporting American Foreign Policy, Winston Nagan

Winston P Nagan

This article reveiews the history of the trend in the United States Supreme Court for the strong application of international law as a part of U.S. law. It reviews the judicial practice as well as the influence of extra-judicial factors such as exceptionalism and isolationism. This article reflects on the contemporary problems which have generated a secepticism of international law and seeks to clarify the compatability of the most defensible values of U.S. foreign policy and those of the U.N. Charter.

Punishment And Work Law Compliance: Lessons From Chile, César F. Rosado Marzán

César F. Rosado Marzán

Workplace law activists and reformers find it increasingly more difficult to obtain redress for violation of workers’ rights. Some of them are calling for stricter enforcement and tougher penalties to bring employers into compliance. However, after seven and half months of participant observation at the Labor Directorate and the labor courts of Chile, institutions that use punishment as their main tools of enforcement, I am skeptical about the likelihood of success of mere punishment for effective workplace law enforcement and compliance. I am skeptical even though Chile is a country recognized as the Latin American “jaguar” for its successful economy …

What Happens To Child Soldiers After Conflict, Mark Drumbl

Mark A. Drumbl

No abstract provided.

The Image And The Reality Of Child Soldiers, Mark Drumbl

Mark A. Drumbl

No abstract provided.

The Facts About Child Soldiers, Mark Drumbl

Mark A. Drumbl

No abstract provided.

Charging Less To Make More: The Causes And Effects Of The Corporate Inversion Trend In The U.S. And The Implications Of Lowering The Corporate Tax Rate, Tyler Dumler

Tyler M. Dumler

This article explores the effect lowering the corporate tax rate would have on U.S. multinational corporations (MNCs). Instead of creating patchwork legislation, such as section 7874 to the Internal Revenue Code, this article advocates adopting changes to the underlying problems which give MNCs incentives to expatriate. By attacking the underlying problems of corporate tax legislation, this article concludes that lowering the corporate tax rate is the long-term solution for the U.S. government to address MNC tax avoidance.

The Container Security Initiative: A Layered Security Strategy For Securing Containerized Cargo, Tyler M. Dumler

Tyler M. Dumler

This article breaks down the various security measures implemented by the Department of Homeland Security when dealing with international trade through containerized cargo. The Container Security Initiative, Customs-Trade Partnership Against Terrorism, "24-Hour Rule," International Ship and Port Facility Security Code, and Secure Freight Initiative are all thoroughly explained and analyzed. This article is of great importance as the July 2012 deadline for 100% scanning approaches. This deadline will not be met. This article explains why 100% scanning will not be achieved, and discusses how the U.S. should proceed with balancing international trade and security moving forward.

International Business Transactions: A Problem-Oriented Coursebook. 11th Edition, Ralph Folsom, Michael Gordon, John Spanogle, Peter Fitzgerald, Michael Van Alstine

Michael P. Van Alstine

The 11th edition of this popular problem-oriented coursebook introduces law students to the conduct of business in the world community. Problems on international contracting, financing, trade regulation, licensing and technology transfers, foreign investment, and international business dispute resolution are presented. The book provides a current, in-depth examination of issues that clients are likely to face, such as defending against import competition; expanding exports and overseas markets; and dealing with NAFTA, the WTO, and other trade agreements. The coursebook is designed to survey a wide range of laws involving trade, licensing, and investment, and explore how issues and problems are addressed …

Conference Convocation, M. Cherif Bassiouni, Charles N. Brower, Claudio Grossman, Diane F. Orentlicher, Tina Rosenberg, David J. Scheffer, Paul Williams

Paul Williams

No abstract provided.

Uses And Abuses Of Cyberspace, Andrew D. Murray

Professor Andrew D Murray

No abstract provided.

Emerging Economies After The Global Financial Crisis: The Case Of Brazil, Enrique Carrasco, Sean Williams

Enrique R Carrasco

Abstract Emerging economies have rebounded relatively quickly from the 2008 global financial crisis and, despite various challenges they face resulting from the European sovereign debt crisis, they face bright economic futures. While many observers have focused on China and India, Brazil is an emerging economy that has enjoyed increasing visibility. This article examines Brazil’s evolution into an emerging economy, or, given the market-based nature of the term, an emerging market economy (EME). After outlining the broadly accepted definition of an EME, we examine Brazil’s path towards becoming an EME, from the “pre-emergent” Brazil to its current status as an EME. …

Aesthetics And Human Rights, Winston Nagan, Aitza Haddad

Winston P Nagan

This article seeks to contribute to a better understating of the relationship between aesthetics and fundamental human rights. The initial challenge was to develop a more clarified conception of aesthetics as a social process in order to better mark those aspects of aesthetics that have clear human rights implications. This required us to contextualize the aesthetics process in terms of the generally accepted model of communications theory, and then to deepened the inquiry using this model as the broad architectural foundation for unpacking the social process of aesthetics. These ideas were put into the context of significant contributions from the …

Laws Without Order: The Price The U.S. Pays For No Codes, James R. Maxeiner

James R Maxeiner

Codification is a ubiquitous feature of modern legal systems. Codes are hailed as tools for making law more convenient to find and to apply than law found in court precedents or in ordinary statutes. Codes are commonplace in most countries. Most reports and presentations at the Congress deal with how codification is effected and not with whether it is.

The United States is anomalous. It does not have true codes. In the nineteenth and early twentieth centuries, when many countries adopted systematic civil, criminal and procedural codes, the United States considered, but did not adopt such codes.

Where other reports …

Protecting A Hidden Treasure: The U.N International Law Commission And The International Law Of Transboundary Ground Water Resources , Gabriel E. Eckstein

Gabriel Eckstein

No abstract provided.

A Hydrogeological Approach To Transboundary Ground Water Resources And International Law, Gabriel Eckstein, Yoram Eckstein

Gabriel Eckstein

No abstract provided.

U.S. Asylum Law As A Path To Religious Persecution, Jack Dolance

Jack C Dolance II

U.S. asylum law protects against persecution “on account of . . . religion.” But must the law protect a non-believer seeking religious asylum in the United States? Many may instinctively answer “no,” for a non-believer is by most definitions not “religious.” Such a response misses the mark, however—at least in the context of U.S. asylum law, which is subject to the First Amendment. The protection of religious liberty enshrined in the First Amendment embodies freedom from persecution on account of one’s “religion”—in whatever form that religion may take. In the asylum context, then, “religion” must be defined broadly. Protection from …

U.S. Asylum Law As A Path To Religious Persecution, Jack Dolance

Jack C Dolance II

U.S. asylum law protects against persecution “on account of . . . religion.” But must the law protect a non-believer seeking religious asylum in the United States? Many may instinctively answer “no,” for a non-believer is by most definitions not “religious.” Such a response misses the mark, however—at least in the context of U.S. asylum law, which is subject to the First Amendment. The protection of religious liberty enshrined in the First Amendment embodies freedom from persecution on account of one’s “religion”—in whatever form that religion may take. In the asylum context, then, “religion” must be defined broadly. Protection from …

Autonomous Weapon Systems: A Coming Legal Singularity?, Benjamin N. Kastan

Benjamin N Kastan

Military robotics has long captured the popular imagination in movies, books and magazines. In recent years, this technology has moved from the realm of science fiction to reality. The precursors to truly autonomous weapons, the so-called “drones”, have generated a great deal of discussion. Few authors, however, have applied current law to the developing technology of autonomous military robots, or “autonomous weapon systems”. The treatment of such subjects in the ethics, robotics, and popular literature has generally assumed that autonomous systems either fit perfectly into existing legal regimes or threaten long-standing paradigms. This article demonstrates that neither assumption is correct. …

U.S. Asylum Law As A Path To Religious Persecution, Jack Dolance

Jack C Dolance II

U.S. asylum law protects against persecution “on account of . . . religion.” But must the law protect a non-believer seeking religious asylum in the United States? Many may instinctively answer “no,” for a non-believer is by most definitions not “religious.” Such a response misses the mark, however—at least in the context of U.S. asylum law, which is subject to the First Amendment. The protection of religious liberty enshrined in the First Amendment embodies freedom from persecution on account of one’s “religion”—in whatever form that religion may take. In the asylum context, then, “religion” must be defined broadly. Protection from …

U.S. Asylum Law As A Path To Religious Persecution, Jack Dolance

Jack C Dolance II

U.S. asylum law protects against persecution “on account of . . . religion.” But must the law protect a non-believer seeking religious asylum in the United States? Many may instinctively answer “no,” for a non-believer is by most definitions not “religious.” Such a response misses the mark, however—at least in the context of U.S. asylum law, which is subject to the First Amendment. The protection of religious liberty enshrined in the First Amendment embodies freedom from persecution on account of one’s “religion”—in whatever form that religion may take. In the asylum context, then, “religion” must be defined broadly. Protection from …

The Emerging Restrictions Of Sovereign Immunity: Premptory Norms Of International Law, The Un Charter, And The Application Of Modern Communications Theory, Winston P. Nagan

Winston P Nagan

The article is titled The Emerging Restrictions on Sovereign Immunity: Peremptory Norms of International Law, the UN Charter, and the Application of Modern Communications Theory. The article provides a fresh re-examination of the conceptual foundations of the sovereign immunity doctrine in the light of the changing character of sovereignty itself. This is done in the context of the changing expectations in international law generated by the UN Charter, and the development of human rights and humanitarian law. The article applies the innovative communications theories generated by the New Haven School to provide a more realistic and relevant approach to the …

Mexico's Crisis: When There's A Will, There's A Way, Melanie M. Reid

Melanie M. Reid

The United States under the Obama administration is committed to many of the tools being advocated in Mexican President Felipe Calderón’s holistic approach to combat drug trafficking. This Article explores the United States’ Merida Initiative policy and critiques its effectiveness. The Beyond Merida Initiative announced in 2010 revamped the prior 2007 initiatives, and provided more emphasis on additional training rather than equipment or direct financial aid to Mexico. Neither initiative corrects problems endemic to Mexico which limits the possibility of success. Corruption, anti-American resentment, and a drastically different legal system in Mexico hinder our efforts to become an effective ally …

Global Health Justice: Towards A Framework Convention On Global Health—A Transformative Agenda For Global Governance For Health, Lawrence O. Gostin

Lawrence O. Gostin

Global health inequities cause 20 million deaths annually, mostly among the world’s poor. Yet, international law to reduce these inequalities is sparse. We propose a new global health treaty, a Framework Convention on Global Health (FCGH), based on the human right to health. Already endorsed by the UN Secretary-General, the FCGH would re-imagine global governance for health, offering a new post-Millennium Development Goals vision. A global coalition of civil society and academics has formed an international campaign to advocate for an FCGH—the Joint Action and Learning Initiative (JALI). This article provides the first systematic account of the goals and justifications …

Global Health Justice: Towards A Framework Convention On Global Health—A Transformative Agenda For Global Governance For Health, Lawrence O. Gostin

Lawrence O. Gostin

Global health inequities cause 20 million deaths annually, mostly among the world’s poor. Yet, international law to reduce these inequalities is sparse. We propose a new global health treaty, a Framework Convention on Global Health (FCGH), based on the human right to health. Already endorsed by the UN Secretary-General, the FCGH would re-imagine global governance for health, offering a new post-Millennium Development Goals vision. A global coalition of civil society and academics has formed an international campaign to advocate for an FCGH—the Joint Action and Learning Initiative (JALI). This article provides the first systematic account of the goals and justifications …