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Full-Text Articles in Law
The Changing Character Of Sovereignty In International Law And International Relations, Winston P. Nagan, Craig Hammer
The Changing Character Of Sovereignty In International Law And International Relations, Winston P. Nagan, Craig Hammer
Winston P Nagan
This Article makes observations on the concept of sovereignty; we suggest that the concept be studied using the contextual mapping method articulated by the New Haven School of jurisprudence. We observe tension in applying the concept to developing and developed states, and explore the possibility that sovereignty can be abused. We propose state typologies to explore the concept further and to scrutinize the accommodations of authority and control.
The Emerging Restrictions On Sovereign Immunity: Peremptory Norms Of International Law, The U.N. Charter, And The Application Of Modern Communications Theory, Winston Nagan, Joshua Root
The Emerging Restrictions On Sovereign Immunity: Peremptory Norms Of International Law, The U.N. Charter, And The Application Of Modern Communications Theory, Winston Nagan, Joshua Root
Winston P Nagan
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 issue of international law-making in this area. The article provides an overview of the emergence of changed expectations relating to the restrictions on the scope …
Globalism From An African Perspective: The Training Of Lawyers For A New And Challenging Reality, Winston P. Nagan, Marcio Santos
Globalism From An African Perspective: The Training Of Lawyers For A New And Challenging Reality, Winston P. Nagan, Marcio Santos
Winston P Nagan
This paper deals with the definition and implications of globalism generally and for African interests in particular. Its focus is on globalism as a cluster of social, economic, and political forces contesting for the controlling paradigm of international relations and international law. The article underscores the general issue of globalism's impact on the well-being of the international community. It also considers the impact of globalism on the U.N. Charter, and, in particular, the role of the United Nations in international economic order. The connections between globalism and society are considered as part of the changing character of war and political …
Recognition Of Palestinian Statehood: A Clarification Of The Interests Of The Concerned Parties, Winston Nagan, Aitza Haddad
Recognition Of Palestinian Statehood: A Clarification Of The Interests Of The Concerned Parties, Winston Nagan, Aitza Haddad
Winston P Nagan
This paper reviews the history of the claims to statehood and sovereignty of the Palestinian people, from the period of the League of Nations mandate to the current move to secure UN approval of a Palestinian State. The article examines the claims to statehood in international law and examines the problem in the broader context of claims about human rights and humanitarian violations, the Israeli claims to security and legitimacy and the US claims for its mediation goal to ensure that the problem does not descend into a legal vacuum in which the fundamental interests of all parties in security …
Kashmir, India, Pakistan And The United Sttes: A Clarification Of Legal-Policy Interests Of Concerned States, Winston Nagan
Kashmir, India, Pakistan And The United Sttes: A Clarification Of Legal-Policy Interests Of Concerned States, Winston Nagan
Winston P Nagan
This article covers the relevant legal history of Kashmir before asssession to India. It covers in detail the specific issue of transfer of Kashmir to India and its legality in colonial law and the importance of colonial boundary legality for modern international law. The article then explores the emergence of sectarian conflict in the context of the global nation state system and the importance of the Uti Possidetis doctrine relating to the stability of boundaries in international law. The article further explores issues of international security relating to Kashmir as well as U.S. policy relating to India, Pakistan and Kashmir. …
Misappropriation Of Shuar Traditional Knowledge (Tk) And Trade Secrets: A Case Study On Biopiracy In The Amazon, Winston P. Nagan, Eduardo J. Mordujovich, Judit K. Otvos, Jason Taylor
Misappropriation Of Shuar Traditional Knowledge (Tk) And Trade Secrets: A Case Study On Biopiracy In The Amazon, Winston P. Nagan, Eduardo J. Mordujovich, Judit K. Otvos, Jason Taylor
Winston P Nagan
Where the murkiness of biopiracy as a general matter leaves little room for legal theory to anchor, the relative clarity of specific instances of biopiracy may provide sufficient factual information from which to develop appropriate legal theories. In particular, the way biopiracy has been used to misappropriate the traditional knowledge (TK) of the Shuar Nation of Ecuador suggests that there may be legal theories for which the process of misappropriation may give rise to liability under international law as well as under developments in the domestic laws of the United States and Ecuador. The possible efficacy and legal coherence of …
The Legal And Policy Implications Of The Possibility Of Palestinian Statehood, Winston P. Nagan, Aitza M. Haddad
The Legal And Policy Implications Of The Possibility Of Palestinian Statehood, Winston P. Nagan, Aitza M. Haddad
Winston P Nagan
This paper reviews the history of the claims to statehood and sovereignty of the Palestinian people, from the period of the League of Nations mandate to the current move to secure UN approval of a Palestinian State. The article examines the claims to statehood in international law and examines the problem in the broader context of claims about human rights and humanitarian violations, the Israeli claims to security and legitimacy and the US claims for its mediation goal to ensure that the problem does not descend into a legal vacuum in which the fundamental interests of all parties in security …