Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- Military, War, and Peace (10)
- Transnational Law (10)
- Organizations Law (8)
- Comparative and Foreign Law (7)
- International Trade Law (6)
-
- International Law (5)
- International Humanitarian Law (4)
- Courts (3)
- Environmental Law (3)
- National Security Law (3)
- Dispute Resolution and Arbitration (2)
- Human Rights Law (2)
- Intellectual Property Law (2)
- Law and Philosophy (2)
- Agriculture Law (1)
- Banking and Finance Law (1)
- Commercial Law (1)
- Disaster Law (1)
- Energy and Utilities Law (1)
- Indigenous, Indian, and Aboriginal Law (1)
- Internet Law (1)
- Law and Gender (1)
- Law and Society (1)
- Legal Remedies (1)
- Legal Writing and Research (1)
- Legislation (1)
- Litigation (1)
- Public Law and Legal Theory (1)
- Rule of Law (1)
- Keyword
-
- Security Council (10)
- United Nations (10)
- Law reform (9)
- Treaties (8)
- Collective security (4)
-
- Military action (4)
- Regulation (4)
- World Trade Organization (4)
- General Agreement on Tariffs and Trade (3)
- Peace (3)
- Africa (2)
- China (2)
- Court systems (2)
- History (2)
- Information (2)
- Intervention (2)
- Legal systems (2)
- Markets (2)
- Modernization (2)
- Multilateralism (2)
- Peace treaties (2)
- Sanctions (2)
- Self-defense (2)
- Sovereignty (2)
- Access to information (1)
- Access to justice (1)
- Access to the courts (1)
- Appropriation (1)
- Authority (1)
- Authorization (1)
Articles 1 - 30 of 30
Full-Text Articles in Law
"Green Helmets": A Conceptual Framework For Security Council Authority In Environmental Emergencies, Linda A. Malone
"Green Helmets": A Conceptual Framework For Security Council Authority In Environmental Emergencies, Linda A. Malone
Michigan Journal of International Law
Although 1995 marks the fiftieth anniversary of the birth of the United Nations, the year also marks the fifth anniversary of a newly revitalized Security Council. In this period of five years, scholarly debate on the Security Council has shifted from what it might do if it could act to what substantive limits, if any, exist on the Security Council's authority to act under the Charter. The legitimacy of the Security Council's authority under the Charter arises both in its initial determination of when it can act and in its determination of the appropriate scope of its actions once it …
The Role Of The United Nations Security Council In African Peace Management: Some Porposals, A. Peter Mutharika
The Role Of The United Nations Security Council In African Peace Management: Some Porposals, A. Peter Mutharika
Michigan Journal of International Law
The United Nations global peace management scheme is based on certain fundamental assumptions that require serious reexamination as we enter the twenty-first century. Fundamental to the 1945 vision of global peace management was the prevention of a third world war through collective action by the great powers. Structurally, this was to be achieved by a system of great power governance through the mechanism of the Security Council. While the Charter confers on the Security Council "primary responsibility" for the maintenance of international peace and security, executive decision-making is reserved for the great powers through permanent membership and the veto power. …
The Complexities Of Humanitarian Intervention: A New World Order Challenge, Richard Falk
The Complexities Of Humanitarian Intervention: A New World Order Challenge, Richard Falk
Michigan Journal of International Law
The interplay between juridical support for norms of non-intervention and the actualities of interventionary diplomacy is an integral feature of a world of sovereign, yet unequal, states pursuing diverse goals. Pointing in one direction is the juridical stress on sovereignty, reinforced by spatial notions of territorial supremacy within fixed boundaries, which provides the doctrinal underpinnings of non-interventionism. Pointing in the other direction is the effort to project power and influence beyond territorial sovereignty, virtually a definition of what distinguishes a great power from an ordinary state, which creates the geopolitical pressures that result in intervention in the internal and external …
Trade And The Environment: Equilibrium Or Imbalance?, Douglas J. Caldwell, David A. Wirth
Trade And The Environment: Equilibrium Or Imbalance?, Douglas J. Caldwell, David A. Wirth
Michigan Journal of International Law
Review of Greening the GATT: Trade, Environment, and the Future by Daniel C. Esty; Freer Trade, Protected Environment: Balancing Trade Liberalization and Environmental Interests by C.Ford Runge, François Ortalo-Magné, and Philip Vande Kamp; Trade and the Environment: The Search for Balance (James Cameron, Paul Demaret & Damien Geradin, eds.); and Trading Up: Consumer and Environmental Regulation in a Global Economy by David Vogel
The Legal Environment Of International Finance: Thinking About Fundamentals, Merritt B. Fox
The Legal Environment Of International Finance: Thinking About Fundamentals, Merritt B. Fox
Michigan Journal of International Law
Review of International Finance: Transactions, Policy, and Regulations by Hals S. Scott and Philip A. Wellons
The Beginnings Of The Rule Of Law In The International Trade System Despite U.S. Constitutional Constraints, Yong K. Kim
The Beginnings Of The Rule Of Law In The International Trade System Despite U.S. Constitutional Constraints, Yong K. Kim
Michigan Journal of International Law
This study focuses on the emergence of ROL in U.S. international trade policy, a development which merits closer examination for the following reasons. First, the United States must still be considered the leader in international trade policy, and a ROL order without the most important trading entity would make little sense. Second, the United States is probably the foremost proponent of instituting a ROL order in international trade, though, ironically, it may also be the prime culprit in adhering to certain power-ordered relationships. Third, it seems only fair, if not natural, to extend the United States' domestic respect for the …
Victim Reparations In The Inter-American Human Rights System: A Critical Assessment Of Current Practice And Procedure, Jo M. Pasqualucci
Victim Reparations In The Inter-American Human Rights System: A Critical Assessment Of Current Practice And Procedure, Jo M. Pasqualucci
Michigan Journal of International Law
Part II of this article analyzes the statutory authority for reparations in the Inter-American system in light of the legislative history of the American Convention's reparations provision and compares that authority with that provided for in the European human rights system. Part III sets forth the Inter-American Court's procedures for determining reparations once State responsibility has been established. Part IV evaluates the parties who may receive reparations. Part V analyzes the types of reparations provided generally under international law and specifically in the Inter-American system. Part VI criticizes the Court's determination to grant only a small share of the reparations …
Reformulated Gasoline Under Reformulated Wto Dispute Settlement Procedures: Pulling Pandora Out Of A Chapeau?, Jeffrey Waincymer
Reformulated Gasoline Under Reformulated Wto Dispute Settlement Procedures: Pulling Pandora Out Of A Chapeau?, Jeffrey Waincymer
Michigan Journal of International Law
Part I of the article begins by outlining existing GATT/WTO provisions concerning trade-related environmental measures which were relevant to the Reformulated Gasoline case. Part II then outlines the facts in the dispute and gives a brief introduction to the decisions at the Panel and Appellate Body stages. Part III deals with the present and potential implications for the appellate process in terms of the substance of the dispute, the methodology and procedure adopted, and the wider issues that the case brings to attention. This Part also addresses some of the theoretical and practical issues that affect the question of the …
The Right To Self-Defense Once The Security Council Takes Action, Malvina Halberstam
The Right To Self-Defense Once The Security Council Takes Action, Malvina Halberstam
Michigan Journal of International Law
This article discusses the views of these commentators in the light of the language, history, and policies underlying Article 51. It concludes that the Charter was not intended to and should not be interpreted to deny a state the right of self-defense, even if the Security Council has taken measures to deal with the problem; if states are to cede their right to self-defense once the Security Council has taken measures, that should be made explicit.
The Place Of Law In Collective Security, Martti Koskenniemi
The Place Of Law In Collective Security, Martti Koskenniemi
Michigan Journal of International Law
In this article the author wants to examine the place of law in our thinking about and sometimes participation in decision-making regarding international security. After the end of the Cold War, and particularly since the United Nations' reaction to Iraq's occupation of Kuwait in 1990-91, an academic debate concerning the possibility of collective security has arisen anew. The intention is not to take a definite view in that controversy. Instead, the author shall suggest that this debate has been framed so as to obscure the role of normative considerations, including law, in the production or construction of collective security. A …
New Directions In The Study Of Vietnamese Law, Mark Sidel
New Directions In The Study Of Vietnamese Law, Mark Sidel
Michigan Journal of International Law
Review of Vietnam and the Rule of Law (Carlyle A. Thayer & David G. Marr Eds.)
Theft By Territorialism: A Case For Revising Trips To Protect Trademarks From National Market Foreclosure, Beth Fulkerson
Theft By Territorialism: A Case For Revising Trips To Protect Trademarks From National Market Foreclosure, Beth Fulkerson
Michigan Journal of International Law
This Note will argue that the "well-known mark" standard of the Paris Convention, which is also adopted by the Agreement on Trade-Related Aspects of Intellectual Property Rights, Including Trade in Counterfeit Goods (TRIPS), the North American Free Trade Agreement (NAFTA), and the European Community (EC), is an artifact of an era when markets were circumscribed by national borders and granting a monopoly on a trademark in one country on the basis of its use in another was unreasonable because the likelihood of confusion was minimal. Today, however, the trademark originator's intent to expand beyond its original market should be presumed. …
Of Seeds And Shamans: The Appropriation Of The Scientific And Technical Knowledge Of Indigenous And Local Communities, Naomi Roht-Arriaza
Of Seeds And Shamans: The Appropriation Of The Scientific And Technical Knowledge Of Indigenous And Local Communities, Naomi Roht-Arriaza
Michigan Journal of International Law
This article recasts the debates over access to, and control over, genetic and biological knowledge and resources in terms of the appropriation of indigenous and local communities' knowledge and resources. It first discusses recent examples of appropriation as currently conducted by global biotechnology, pharmaceutical, and agribusiness corporations and their associates in Northern universities, seed and gene banks, and research centers. Second, it describes and exposes the mechanisms of appropriation by focusing on the limited and culturally determined definitions of what is "wild" as opposed to "cultivated," what is "knowledge" and who can possess it, and what are "innovations" and "inventions." …
What's The Security Council For?, Jose E. Alvarez
What's The Security Council For?, Jose E. Alvarez
Michigan Journal of International Law
Students of the literature on the Security Council will recognize in these articles and essays, selected by the Journal's editors for this symposium issue, many representative strands in that ever-burgeoning literature. Although the Journal's editors accepted these articles and essays on an individual basis and no author was afforded the opportunity to read or react to others' contributions, the results are a fascinating counterpoint of views nonetheless. At times, it seems as if the contributors are reacting to each other's work.
The "Privatization" Of Security Council Enforcement Action: A Threat To Multilateralism, John Quigley
The "Privatization" Of Security Council Enforcement Action: A Threat To Multilateralism, John Quigley
Michigan Journal of International Law
In-the post-Cold War period, the United Nations Security Council has emerged from a side show of international politics to center stage. It has acted to repel aggression, to promote humanitarian efforts, and to enforce democracy. This flowering of activity holds the potential for achieving concerted international action to remedy situations involving great human misery.
Legal Restraints On Security Council Military Enforcement Action, Judith G. Gardam
Legal Restraints On Security Council Military Enforcement Action, Judith G. Gardam
Michigan Journal of International Law
This article considers an issue that, given its importance for the protection of combatants and civilians in armed conflict, has not attracted the attention it warrants: namely, the extent to which legal restraints derived from the ius in bello and the ius ad bellum apply to the Security Council when it is taking military enforcement action under Chapter VII of the United Nations Charter. Although a position not free from controversy, the recent practice of the Security Council in "authorizing" States to use force to restore international peace and security is treated as military enforcement action under Chapter VII of …
Collective Humanitarian Intervention, Fernando R. Tesón
Collective Humanitarian Intervention, Fernando R. Tesón
Michigan Journal of International Law
This article discusses collective intervention authorized by the Security Council, with a special emphasis on the concept of exclusive domestic jurisdiction. Part I first examines the different meanings of the notoriously ambiguous word "intervention." Because the legitimacy of collective intervention will depend in part on whether or not the matter falls within the domestic jurisdiction of the target state, Part II will then discuss contemporary views of domestic jurisdiction. Finally, Parts III and IV discuss collective humanitarian intervention under the principles of the U.N. Charter and examine the practice of the Security Council since the end of the Cold War. …
The Politics Of Collective Security, Anne Orford
The Politics Of Collective Security, Anne Orford
Michigan Journal of International Law
Part I argues that conventional international legal analyses about Security Council actions do not consider the gender-differentiated effects of those actions. The universality of male interests is taken for granted by international lawyers. The first level of analysis thus involves adding women in; that is, considering the consequences that Security Council actions have had for women in Kuwait, Iraq, Cambodia, Somalia, Mozambique, Bosnia, and the United States. I argue that many women are in fact rendered less secure by actions authorized by the Security Council in the name of collective security. As a result, women must have a voice in …
Caught Between Traditions: The Security Council In Philosophical Conundrum, David P. Fidler
Caught Between Traditions: The Security Council In Philosophical Conundrum, David P. Fidler
Michigan Journal of International Law
In Part I of this article, I provide a discussion about the use of traditions of thought in international relations. Part II begins by briefly examining the fundamental purpose of the Security Council – the maintenance of international peace, and security. I then analyze the philosophical origins of the idea of maintaining international peace and security through an international organization to demonstrate how liberal thought on international relations came to incorporate this idea. In this analysis, I will demonstrate that liberal thought on the appropriateness of relying on international organizations to maintain peace and security is not unified and that …
The Politics Of Human Rights: Beyond The Abolitionist Paradigm In Africa, Makau Wa Mutua
The Politics Of Human Rights: Beyond The Abolitionist Paradigm In Africa, Makau Wa Mutua
Michigan Journal of International Law
Review of Protecting Human Rights in Africa: Strategies and Roles of Non-Governmental Organizations by Claude E. Welch
Is International Law Fair?, Gerry J. Simpson
Is International Law Fair?, Gerry J. Simpson
Michigan Journal of International Law
Review of Fairness in International Law and Institutions by Thomas M. Franck
Is The Law Of War Really Law? War And Law Since 1945, Alfred P. Rubin
Is The Law Of War Really Law? War And Law Since 1945, Alfred P. Rubin
Michigan Journal of International Law
Review of Law and War Since 1945 by Geoffrey Best
An Analysis Of The Oslo Ii Agreement In Light Of The Expectations Of Shimon Peres And Mahmoud Abbas, Justus R. Weiner
An Analysis Of The Oslo Ii Agreement In Light Of The Expectations Of Shimon Peres And Mahmoud Abbas, Justus R. Weiner
Michigan Journal of International Law
Review of Battling for Peace: A Memoir by Shimon Peres, and by Mahmoud Abbas
Educating Lawyers For The Global Economy, John O. Haley
Educating Lawyers For The Global Economy, John O. Haley
Michigan Journal of International Law
Review of Law and Investment in Japan: Cases and Materials (Yukio Yanagida, Daniel H. Foote, Edward S. Johnson, Jr., J. Mark Ramseyer & Hugh T. Scogin, Jr. eds.)
International Law And The Information Age, John K. Gamble
International Law And The Information Age, John K. Gamble
Michigan Journal of International Law
The subject of this article is problematic because of the paucity of other work addressing the topic and its amorphous and technical nature. The author shall argue that the information age will affect almost all aspects of how international law is made and studied, everything from theory to sources to research to teaching. Rather than limiting the article to one or two aspects of the changes brought by the information age, the author offers a tour d'horizon. This risks superficiality, but is consonant with the goal of stimulating discussion about issues that are important to the future of international …
World Trade And The Environment: The Cafe Case, Eric Phillips
World Trade And The Environment: The Cafe Case, Eric Phillips
Michigan Journal of International Law
This Note examines the CAFE case in the context of the debate over trade and the environment. It argues that the panel decision has aspects that support the notion that the international trading system can be compatible with efforts to protect the environment, and also has aspects that demonstrate that these do indeed clash, limiting efforts to protect the environment. Part I of this Note describes the CAFE law and places it in the context of domestic and international efforts to prevent global warming. Part II examines the panel's decision, arguing that the panel acted well within the scope of …
Egyptian Civil Justice Process Modernization: A Functional And Systemic Approach, Hiram E. Chodosh, Stephen A. Mayo, Fathi Naguib, Ali El Sadek
Egyptian Civil Justice Process Modernization: A Functional And Systemic Approach, Hiram E. Chodosh, Stephen A. Mayo, Fathi Naguib, Ali El Sadek
Michigan Journal of International Law
To provide helpful assistance to other nations currently in pursuit of civil process reform, this Article introduces a model of civil justice modernization developed through a functional and systemic approach. Addressing the common weaknesses of many other reform efforts, this approach is first motivated by the conviction that process modernization is a necessary component of effective substantive legal reform. Second, in its critical assessment of the problems and its creative recommendations for reform, this Article integrates the design of procedural, institutional, and professional development measures, without requiring large investments of unavailable financial resources. Third, the Article presents a long-term and …
Controlling The Environmental Consequences Of Power Development In The People's Republic Of China, Homer Sun
Controlling The Environmental Consequences Of Power Development In The People's Republic Of China, Homer Sun
Michigan Journal of International Law
This Note proposes a strategy to mitigate the environmental degradation resulting from China's power development. Part I introduces China's power industry - its excessive dependence on coal, its antiquated and inefficient infrastructure, its pollutive effects, and its projected expansion. Part II appraises the ways in which China's environmental laws, macroeconomic controls, and foreign investment restrictions influence the growth of power development and its corresponding effect on the environment. Part III assesses the role that governments, development banks, and international organizations can play in curbing the environmental impact of Chinese power projects. Considering the problems associated with current Chinese and international …
Resolving Economic Disputes In Russia's Market Economy, Karen Halverson
Resolving Economic Disputes In Russia's Market Economy, Karen Halverson
Michigan Journal of International Law
The purpose of this paper is to examine the recent transformation of state arbitrazh into economic courts along with the development of commercial arbitration in Russia, and to consider the relative utility of these mechanisms for resolving disputes in Russia's evolving market economy. Part I describes state arbitrazh and details its evolution into the existing system of economic courts. Part II discusses the past and recent development of commercial arbitration in Russia as an alternative to litigating domestic disputes. Part III considers various social and historic factors that hinder genuine reform.
Securitization Of State Ownership: Chinese Securities Law, Minkang Gu, Robert C. Art
Securitization Of State Ownership: Chinese Securities Law, Minkang Gu, Robert C. Art
Michigan Journal of International Law
Part I of this article establishes the scope of analysis and defines the Chinese use of the term "security," which is more limited than under American law. Parts II and III briefly examine the history of Chinese securities laws and the understanding of securities by the Chinese people. Part IV focuses on the government's motivations in establishing the securities markets. Part V discusses the distinctively Chinese approach of classifying shares according to the characteristics and nationality of permitted shareholders. Part VI addresses the future development of Chinese securities markets. The conclusion reflects on the significance of western forms of securities …