Law Commons^™

Review Of Giving Meaning To Economic, Social, And Cultural Rights, Edited By Isfahan Merali & Valerie Oosterveld, Intisar Rabb Phd

Intisar A. Rabb

No abstract provided.

Managing U.S.-Eu Trade Relations Through Mutual Recognition And Safe Harbor Agreements: 'New' And 'Global' Approaches To Transatlantic Economic Governance, Gregory C. Shaffer

Gregory C Shaffer

No abstract provided.

The Public And The Private In International Trade Litigation, Gregory C. Shaffer

Gregory C Shaffer

No abstract provided.

Armageddon Through Aggregation: The Use And Abuse Of Class Actions In International Dispute Resolution, Richard O. Faulk

Richard Faulk

A troubling and dangerous phenomenon has emerged onto the international litigation landscape. The system of justice understood and appreciated by citizens in most democratic states — one which guarantees individual plaintiffs and defendants their “day in court” — is increasingly being sidestepped by procedural rules that allow entrepreneurial lawyers to aggregate claims into massive controversies that are, for all practical purposes, untriable. Although these enormous cases arise in varying formats, they share a single intimidating characteristic: the designed imposition of enormous and intolerable risks which defendants cannot prudently accept by insisting on their “day in court” in a jury trial. …

The World Trade Organization Under Challenge: Democracy And The Law And Politics Of The Wto's Treatment Of Trade And Environmental Matters, Gregory C. Shaffer

Gregory C Shaffer

No abstract provided.

A Truism That Isn't True? The Tenth Amendment And Executive War Power, D. A. Jeremy Telman

D. A. Jeremy Telman

The Tenth Amendment is invoked whenever congressional powers threaten the independent law-making power of the several states. In that context, however, the Tenth Amendment does not tell us very much. After all, if powers are not delegated to the federal government, where else would they go but to the states? Accordingly, the Supreme Court has dismissed the Amendment as a truism.

Although the Amendment is only deployed as a rather ineffectual check on congressional authority, it clearly applies to all branches of the federal government. However, according to the theory of inherent executive authority, certain powers are unique to the …

Watching The Watchdogs: Holding The Un Accountable For International Humanitarian Law Violations Of The ‘Blue Helmets’, Jackson N. Maogoto

Jackson Nyamuya Maogoto

The political climate is ripe for the United Nations system to successfully and effectively provide global collective security. Now that relations have improved between the ‘East’ and ‘West’ the United Nations will indeed be able to broaden its role, and perhaps operate to its full capacity - to call into being the ‘New World Order,’ characterised by a Security Council able to respond swiftly and effectively to aggression and massive human rights violations through ‘police action’. However the significant and documented international humanitarian law violations by UN forces in the 1990s has raised the stakes. Thrice in the last decade …

Wto Blue-Green Blues: The Impact Of U.S. Domestic Politics On Trade-Labor, Trade-Environment Linkages For The Wto's Future, Gregory C. Shaffer

Gregory C Shaffer

No abstract provided.

Globalization And Social Protection: The Impact Of Eu And International Rules In The Ratcheting Up Of U.S. Data Privacy Standards, Gregory C. Shaffer

Gregory C Shaffer

No abstract provided.

Nato Action Unwisely Undercuts U.N., C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

International Law And International Relations Theory: A New Generation Of Interdisciplinary Scholarship, Anne-Marie Slaughter, Andrew S. Tulumello, Stepan Wood

Stepan Wood

Nine years ago, Kenneth Abbott published an article exhorting international lawyers to read and master regime theory, arguing that it had multiple uses for the study of international law.1 He went as far as to call for a 'joint discipline" that would bridge the gap between international relations theory (IR) and international law (IL). Several years later, one of us followed suit with an article mapping the history of the two fields and setting forth an agenda for joint research. 2 Since then, political scientists and international lawyers have been reading and drawing on one another's work with increasing frequency …

Peace V. Accountability In Bosnia, Anthony D'Amato

Anthony D'Amato

No abstract provided.

Treaty And Constitution. A Comparative Analysis Of An Uneasy Relationship, Theodor Jr Schilling

Theodor JR Schilling

Constitutions may be reversed by revolution. Treaty-constitutions may also be terminated by mutual consent of the contracting parties. A secession and a unilateral denunciation are, as a rule, not permissible under international law but will be recognized if effective. The only possibility to prevent a secession is to take away the social substratum of a secession i.e. to merge the peoples of the state from which the secession would take place. Such a merger allows the people, as constituent power, to adopt the treaty-constitution as its own. Such an adoption may be made in the forms of the creation of …