Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 30 of 44
Full-Text Articles in Law
Book Review: Differential Treatment In International Environmental Law, Maxwell Chibundu
Book Review: Differential Treatment In International Environmental Law, Maxwell Chibundu
Maxwell O. Chibundu
A review of Differential Treatment in International Environmental Law by Phillippe Cullet. Brookfield, Ashgate Publishing Co., 2003.
Book Review: International Environmental Treaties And State Behavior: Factors Influencing Cooperation, Maxwell Chibundu
Book Review: International Environmental Treaties And State Behavior: Factors Influencing Cooperation, Maxwell Chibundu
Maxwell O. Chibundu
No abstract provided.
Speaker, “The Persistence Of Sovereignty And The Rise Of The Legal Subject”, Michael Helfand
Speaker, “The Persistence Of Sovereignty And The Rise Of The Legal Subject”, Michael Helfand
Michael A Helfand
No abstract provided.
The Transatlantic Gmo Dispute Against The European Communities: Some Preliminary Thoughts, David A. Wirth
The Transatlantic Gmo Dispute Against The European Communities: Some Preliminary Thoughts, David A. Wirth
David A. Wirth
Any day now, a World Trade Organization panel is expected to rule in a dispute between the U.S. and the EU concerning market access for genetically-engineered foods and crops. This piece, written before the release of the WTO panel's report, analyzes novel systemic issues concerning the impact of WTO law on regulatory design, at both the national and international levels, that are raised by this dispute. These include (1) the application of WTO disciplines to regulatory schemes that require prior governmental approval to protect the environment and public health from newly-introduced products and substances; (2) the role of precaution as …
The Uneasy Interface Between Domestic And International Environmental Law, David A. Wirth
The Uneasy Interface Between Domestic And International Environmental Law, David A. Wirth
David A. Wirth
No abstract provided.
Legitimacy, Accountability, And Partnership: A Model For Advocacy On Third World Environmental Issues, David A. Wirth
Legitimacy, Accountability, And Partnership: A Model For Advocacy On Third World Environmental Issues, David A. Wirth
David A. Wirth
To date, there has been little effort to define the characteristics of responsible environmental reform efforts by private citizens and organizations in the United States on foreign environmental problems, such as the quality of foreign aid. Moreover, there have been virtually no attempts to identify a principled role for American lawyers in Third World environmental issues. This Essay will respond to these lacunae by articulating a new approach to advocacy based on a partnership model. In Part I, this Essay identifies the need for American public interest advocates to establish partnerships with directly affected groups on Third World environmental issues. …
Hazardous Substances And Activities, David A. Wirth
Hazardous Substances And Activities, David A. Wirth
David A. Wirth
This piece analyzes and critically evaluates the enormous number and variety of international instruments addressing the regulation of hazardous substances and activities, from consumer products to nuclear power plants. International authorities are categorized according to regulatory theory, ranging from hazard identification and testing to disposal. Other regulatory approaches include limitations on pollutant releases, prevention of and response to industrial accidents, and international trade in toxic chemicals and waste. Multilateral norms originating from global and regional institutions, UN specialized agencies, and non-UN organizations are analyzed. The piece addresses both "hard" (binding or conventional) and "soft" (nonbinding) instruments, correlating legal form with …
The President, The Environment, And Foreign Policy: The Globalization Of Environmental Politics, David A. Wirth
The President, The Environment, And Foreign Policy: The Globalization Of Environmental Politics, David A. Wirth
David A. Wirth
By comparison with domestic environmental issues, international environmental diplomacy is distinguished by the far greater role of the Executive Branch, and in particular the President, in making law. This essay explores the legal consequences of the President's dual role in international environmental diplomacy: his duty faithfully to execute statutory mandates adopted by Congress while also serving as the Nation's chief diplomat and negotiator of international agreements with foreign powers. The piece discusses the legal and policy dynamics surrounding two concrete examples affecting domestic and international environmental policy, in which Presidential power assumes dramatically different forms: (1) climate change, and in …
Legal Lines In Shifting Sand: Immigration Law And Human Rights In The Wake Of September 11, Daniel Kanstroom
Legal Lines In Shifting Sand: Immigration Law And Human Rights In The Wake Of September 11, Daniel Kanstroom
Daniel Kanstroom
In March of 2004, a group of legal scholars gathered at Boston College Law School to examine the doctrinal implications of the events of September 11, 2001. They reconsidered the lines drawn between citizens and noncitizens, war and peace, the civil and criminal systems, as well as the U.S. territorial line. Participants responded to the proposition that certain entrenched historical matrices no longer adequately answer the complex questions raised in the “war on terror.” They examined the importance of government disclosure and the public’s right to know; the deportation system’s habeas corpus practices; racial profiling; the convergence of immigration and …
The ‘Fair’ Trade Law Of Nations, Or A ‘Fair’ Global Law Of Economic Relations?, Frank J. Garcia
The ‘Fair’ Trade Law Of Nations, Or A ‘Fair’ Global Law Of Economic Relations?, Frank J. Garcia
Frank J. Garcia
No abstract provided.
Trade-Based Strategies For Combatting Child Labor, Frank J. Garcia, Soohyun Jun
Trade-Based Strategies For Combatting Child Labor, Frank J. Garcia, Soohyun Jun
Frank J. Garcia
International commerce facilitates abusive child labor when it offers a market for the goods produced through such practices. International trade sanctions are thus a logical avenue for confronting abusive child labor, by eliminating the commercial opportunities for such goods. However, it is not clear that domestic child labor sanctions would survive legal challenge under WTO law as currently interpreted. For international trade law to serve as a viable strategy for change, there must first be a clear theoretical and doctrinal case for the WTO-consistency of domestic child labor-based sanctions. In this chapter, we present this case, using the U.S. section …
Globalization, Global Community And The Possibility Of Global Justice, Frank J. Garcia
Globalization, Global Community And The Possibility Of Global Justice, Frank J. Garcia
Frank J. Garcia
In this essay, I suggest five ways in which globalization is changing the cosmopolitan/communitarian debate over global justice, by creating, both inter-subjectively and at the regulatory level, the constitutive elements of a limited global community. Members of this global community are increasingly aware of each other’s needs and circumstances, increasingly capable of effectively addressing these needs, and increasingly contributing to these circumstances in the first place. They find themselves involved in the same global market society, and together these members look to the same organizations, especially those at the meta-state level, to provide regulatory approaches to addressing problems of global …
Review: A Philosophy Of International Law, Frank J. Garcia
Review: A Philosophy Of International Law, Frank J. Garcia
Frank J. Garcia
No abstract provided.
Assessing The High-Level Panel Report: Rethinking The Causes And Consequences Of Threats To Collective Security, Maxwell O. Chibundu
Assessing The High-Level Panel Report: Rethinking The Causes And Consequences Of Threats To Collective Security, Maxwell O. Chibundu
Maxwell O. Chibundu
This is a contribution to a volume of essays anchored in the evaluations of proposed reforms of the United Nations system extant in the middle half of the last decade. The essay’s focus is primarily on the role of the Security Council as the provider of collective security within the system. It contends that the term “collective security” has become far too amorphous and too all-embracing to be useful, and that it runs the risk of distorting the proper allocation of power within the international system. It argues for a more circumscribed view of collective security, and for a less …
Tensions Between International Law And Domestic Responsibilities, Maxwell Chibundu
Tensions Between International Law And Domestic Responsibilities, Maxwell Chibundu
Maxwell O. Chibundu
No abstract provided.
The Holocaust Insurance Accountability Act Of 2010: Hearing Before The United States House Of Representatives, Committee On The Judiciary, Subcommittee On Commercial And Administrative Law. 111th Congress, 2nd Session, Michael P. Van Alstine
Michael P. Van Alstine
The testimony explores the essential legal issue of the extent to which executive agreements related to H.R. 4596 have any force as law in the United States. The agreements made it clear that they did not, by themselves, “provide an independent legal basis for dismissal” of claims of Holocaust victims filed in any courts of the United States. Instead, the executive branch simply agreed to file a “statement of interest” in such lawsuits to the effect “that U.S. policy interests favor dismissal on any valid legal ground.” Some lower courts have nonetheless given the statements of interest preemptive effect as …
Us-Amerikanisches Handels- Und Wirtschaftsrecht, 2d Edition, Michael Van Alstine, Siegfried Elsing
Us-Amerikanisches Handels- Und Wirtschaftsrecht, 2d Edition, Michael Van Alstine, Siegfried Elsing
Michael P. Van Alstine
No abstract provided.
The Universal Declaration And Developments In The Enforcement Of International Human Rights In Domestic Law, Michael P. Van Alstine
The Universal Declaration And Developments In The Enforcement Of International Human Rights In Domestic Law, Michael P. Van Alstine
Michael P. Van Alstine
No abstract provided.
Fehlender Konsens Beim Vertragsabschulss Nach Dem Einheitlichen Un-Kaufrecht, Michael Van Alstine
Fehlender Konsens Beim Vertragsabschulss Nach Dem Einheitlichen Un-Kaufrecht, Michael Van Alstine
Michael P. Van Alstine
No abstract provided.
Die Eg-Uebernahme-Richtlinie Im Lichte Der Erfahrungen In Den Usa, Michael P. Van Alstine
Die Eg-Uebernahme-Richtlinie Im Lichte Der Erfahrungen In Den Usa, Michael P. Van Alstine
Michael P. Van Alstine
No abstract provided.
Affirmative Action And International Law, Maxwell O. Chibundu
Affirmative Action And International Law, Maxwell O. Chibundu
Maxwell O. Chibundu
The use of the conjunction 'and' rather than the preposition 'in' in the title of this essay is intended to convey both the descriptive limitations of the subject matter as well as the breadth of its potentialities. International law and its practitioners have devoted little attention to issues of affirmative action and currently dominant epistemic trends do not suggest any significant shift in focus occurring soon. By contrast, municipal proponents of affirmative action in countries such as the United States, embattled as they are in defending an increasingly controversial policy, have tried to bolster their arguments by reference to international …
Law In Development: On Tapping, Gourding, And Serving Palm-Wine, Maxwell O. Chibundu
Law In Development: On Tapping, Gourding, And Serving Palm-Wine, Maxwell O. Chibundu
Maxwell O. Chibundu
No abstract provided.
For God, For Country, For Universalism: Sovereignty As Solidarity In Our Age Of Terror, Maxwell Chibundu
For God, For Country, For Universalism: Sovereignty As Solidarity In Our Age Of Terror, Maxwell Chibundu
Maxwell O. Chibundu
No abstract provided.
Globalizing The Rule Of Law: Some Thoughts At And On The Periphery, Maxwell O. Chibundu
Globalizing The Rule Of Law: Some Thoughts At And On The Periphery, Maxwell O. Chibundu
Maxwell O. Chibundu
No abstract provided.
International Human Rights And The International Law Project: The Revolving Door Of Academic Discourse And Practitioner Politics, Maxwell Chibundu
International Human Rights And The International Law Project: The Revolving Door Of Academic Discourse And Practitioner Politics, Maxwell Chibundu
Maxwell O. Chibundu
No abstract provided.
Nepad And The Rebirth Of Development Theory And Praxis, Maxwell Chibundu
Nepad And The Rebirth Of Development Theory And Praxis, Maxwell Chibundu
Maxwell O. Chibundu
The Black man’s burden again has become the world’s. Not since the early part of the 1960s has the well-being of the Dark Continent attracted the level of attention that it is now generating. Spurred by a variety of motives, including humanitarianism and concerns over the potential of so-called failed states as safe harbours for transnational terrorism, the welfare of the continent has become the special concern of G8 summit meetings. The United Nations Security Council now routinely adopts mandatory resolutions under Chapter VII that expressly and in fine detail regulate military, diplomatic, legal and even commercial interactions with the …
Intervention, Imperialism And Kant's Categorical Imperative, Maxwell O. Chibundu
Intervention, Imperialism And Kant's Categorical Imperative, Maxwell O. Chibundu
Maxwell O. Chibundu
No abstract provided.
The Other In International Law: 'Community' And International Legal Order, Maxwell O. Chibundu
The Other In International Law: 'Community' And International Legal Order, Maxwell O. Chibundu
Maxwell O. Chibundu
There is a built-in paradox in the emergence of international law over the last decade as a core concern of academics and policy-makers. On the one hand, it is difficult to imagine any other period in history that has witnessed such a profusion of attempts to tame the anarchical society by hedging it in a straight-jacket of legalities. Throughout the 1990s, international conferences generated reams of treaties, codes, and agendas for action. International adjudicatory tribunals proliferated, and endeavored to give teeth to ideas and obligations hitherto thought to be essentially aspirational. And yet, the ability of international law to regulate …
Making Customary International Law Through Municipal Adjudication: A Structural Inquiry, Maxwell O. Chibundu
Making Customary International Law Through Municipal Adjudication: A Structural Inquiry, Maxwell O. Chibundu
Maxwell O. Chibundu
No abstract provided.
International Law And Transnational Corporations: Towards A Final Summation, Varun Vaish
International Law And Transnational Corporations: Towards A Final Summation, Varun Vaish
Varun Vaish
The regulation of transnational corporations (TNCs) by an international legal order fundamentally centred on states proves to be difficult when they exercise political influence and have the ability to generate revenue which can eclipse the economies of many countries in comparison. According to the World Investment Report 2007, as of 2006 there were 78,411 parent corporations and 777,647 affiliates worldwide.4 The scale of the concentration of economic power is illustrated by the statistics: of the world’s hundred largest economic entities, 51 are multinational companies and 49 are nation states. The Texaco Corporation functioned for years in Ecuador with annual global …