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Full-Text Articles in Law
What Can The Rule Of Law Variable Tell Us About Rule Of Law Reforms?, Kevin E. Davis
What Can The Rule Of Law Variable Tell Us About Rule Of Law Reforms?, Kevin E. Davis
Michigan Journal of International Law
In 2001 per capita income in Haiti was $480, the infant mortality rate was seventy-nine per 1000 live births and the illiteracy rate (age fifteen and over) hovered around fifty percent. By comparison, in the United States, less than two hours flying time away, the per capita income was $34,280, the infant mortality rate was seven per 1000 live births, and the illiteracy rate was negligible. Understanding the reasons why these sorts of disparities in important measures of development arise and persist is one of the greatest challenges in all of the social sciences.
Legal Institutions And International Trade Flows, Daniel Berkowitz, Johannes Moenius, Katharina Pistor
Legal Institutions And International Trade Flows, Daniel Berkowitz, Johannes Moenius, Katharina Pistor
Michigan Journal of International Law
Why do domestic legal institutions matter, and why can trading parties-in particular exporters of complex goods-not easily opt-out of their domestic legal institutions? The authors argue that domestic institutions remain important even in a globalized world, because they are the final option for enforcing a claim against a party in the event of a breach of contract. International contracts take place in the shadow of the parties' home institutions. Unless parties can negotiate a settlement, or the losing party voluntarily complies with a foreign court or arbitration ruling, the winning party must seek enforcement against the assets of the losing …
The Future Of Law And Development: Second Generation Reforms And The Incorporation Of The Social, Kerry Rittich
The Future Of Law And Development: Second Generation Reforms And The Incorporation Of The Social, Kerry Rittich
Michigan Journal of International Law
This paper probes the manner in which the IFIs are managing the incorporation of social justice and greater participation in the development agenda, and describes how the pursuit of social objectives, in turn, is affected by the governance agenda as a whole.
Fragmentation In A Positive Light, Bruno Simma
Fragmentation In A Positive Light, Bruno Simma
Michigan Journal of International Law
The organizers of the present symposium demonstrated a keen sense of topicality when they chose "Diversity or Cacophony? New Sources of Norms in International Law?" as the subject-matter of the 25th Anniversary Symposium of the Michigan Journal of International Law. For the last decade or so, the question whether the international legal order finds itself in the process of fragmentation, and if so, what the consequences of this development will be, has been a popular area of study for many jurists; most of them expressing their concern about what they consider to constitute a threat to the unity of …
Pros And Cons Ensuing From Fragmentation Of International Law, Gerhard Hafner
Pros And Cons Ensuing From Fragmentation Of International Law, Gerhard Hafner
Michigan Journal of International Law
The system of international law has become increasingly fragmented, particularly since the end of the Cold War. This paper intends to present the main features of this development and its implications.
Judicial Dialogue For Legal Multiculturalism, Charles H. Koch Jr.
Judicial Dialogue For Legal Multiculturalism, Charles H. Koch Jr.
Michigan Journal of International Law
This Article asserts that judicial exchange rather than dominance has inherent advantages as a technique for evolving a global legal culture. For insight into the global task, the Article looks first at an internecine struggle within the continental system. For further background, it describes how the U.S. Supreme Court has accommodated deviations from the basic legal model in U.S. administrative law as well as other internal U.S. legal systems. The supranational tribunals in the European setting and U.S. Supreme Court have shown the capacity to engage in dialogues over diverse legal philosophies. These experiences demonstrate the advantages of a mix …
Diversity Or Cacophony? The Continuing Debate Over New Sources Of International Law, Kalypso Nicolaïdis, Joyce L. Tong
Diversity Or Cacophony? The Continuing Debate Over New Sources Of International Law, Kalypso Nicolaïdis, Joyce L. Tong
Michigan Journal of International Law
We have reached a point when lawyers' commissions are summoned to discuss the consequences of legal proliferation as an ill threatening the standing of international law through incompatibility or irrelevance. Should this trend towards fragmentation be reversed? Should we devise a legal non-proliferation treaty? Or should we, conversely, welcome the current diversification in the sources of law as reflecting the realities of today's world, as a reflection of the flexibility and adaptability of law when the norm of sovereignty on which it is based is itself undergoing considerable recalibration? In short: how should we deal theoretically as well as practically …
Beyond Rights: Legal Process And Ethnic Conflicts, Elana A. Baylis
Beyond Rights: Legal Process And Ethnic Conflicts, Elana A. Baylis
Michigan Journal of International Law
Unresolved ethnic conflicts threaten the stability and the very existence of multi-ethnic states. Ethnically divided states have struggled to build structural safeguards against such disputes into their political and legal systems, but these safeguards have not been able to prevent all conflict. Accordingly, multi-ethnic states facing persistent ethnic conflicts need to develop effective dispute resolution systems for resolving those conflicts. This presents an important question: what kinds of processes and institutions might enable ethnic groups to resolve their conflicts with each other and the state? This Article explores that question, reviewing the interdisciplinary literature on ethnic conflicts, the legal literature …