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Articles 1 - 11 of 11

Full-Text Articles in Law

Keeping Pace With The Progress Of The World: Article 9 Of The Japanese Constitution, Karen Piotrowski Jan 2005

Keeping Pace With The Progress Of The World: Article 9 Of The Japanese Constitution, Karen Piotrowski

Washington University Law Review

No abstract provided.


The Geography Of Climate Change Litigation: Implications For Transnational Regulatory Governance, Hari M. Osofsky Jan 2005

The Geography Of Climate Change Litigation: Implications For Transnational Regulatory Governance, Hari M. Osofsky

Washington University Law Review

This Article aims to forward the dialogue about transnational regulatory governance through a law and geography analysis of climate change litigation. Part II begins by considering fundamental barriers to responsible transnational energy production. Part III proposes a place-based approach to dissecting climate change litigation and a model for understanding its spatial implications. Parts IV through VI map representative examples of climate change litigation in subnational, national, and supranational fora. The Article concludes by exploring the normative implications of this descriptive geography; it engages the intersection of international law, international relations, and geography as a jumping-off point for a companion article.


The Prosecutor Of The International Criminal Court, Amnesties, And The “Interests Of Justice”: Striking A Delicate Balance, Thomas Hethe Clark Jan 2005

The Prosecutor Of The International Criminal Court, Amnesties, And The “Interests Of Justice”: Striking A Delicate Balance, Thomas Hethe Clark

Washington University Global Studies Law Review

No abstract provided.


Humanizing The Pax-Americana Global Empire, James Thuo Gathii Jan 2005

Humanizing The Pax-Americana Global Empire, James Thuo Gathii

Washington University Global Studies Law Review

In this book review, James Thuo Gathii offers a review of Obiora Chinedu Okafor's, Humanizing our Global Order: Essays in Honor of Ivan Head.


Us Antagonism Toward The International Rule Of Law: The View Of A Concerned “Outsider”, Richard J. Goldstone Jan 2005

Us Antagonism Toward The International Rule Of Law: The View Of A Concerned “Outsider”, Richard J. Goldstone

Washington University Global Studies Law Review

Modern technology contracts the world, and as borders become more porous, an international rule of law becomes more crucial. The United States quickly and adroitly put together an international coalition to fight terrorism. In doing so, it recognized the inability of even the most powerful nations to fight this scourge alone. We need to make international policing more efficient—the transfer of evidence across borders, extradition laws, prosecuting money laundering, to mention some of the obvious areas of international policing. An international rule of law must surely reflect the values for which this country has always fought—fairness, justice and ...


An American Vision For Global Justice: Taking The Rule Of (International) Law Seriously, Leila Nadya Sadat Jan 2005

An American Vision For Global Justice: Taking The Rule Of (International) Law Seriously, Leila Nadya Sadat

Washington University Global Studies Law Review

This article suggests that international law should be elevated from its current status as an occasional tool or convenient rhetorical device of U.S. foreign policy to a chief element both in international relations and United States diplomacy. Put another way, the United States needs to take its commitment to the rule of law to the global stage, thereby playing to American strengths, enhancing American legitimacy and moral authority, and perpetuating the leadership role that the United States has historically exercised in the conduct of international affairs. As the hegemon presiding over—and benefiting the most from—the global economy ...


International Parental Child Abduction: Conceptualizing New Remedies Through Application Of The Hague Convention, Barbara E. Lubin Jan 2005

International Parental Child Abduction: Conceptualizing New Remedies Through Application Of The Hague Convention, Barbara E. Lubin

Washington University Global Studies Law Review

No abstract provided.


Fitting The “Situation”: The Cisg And The Regulated Market, Andrea L. Charters Jan 2005

Fitting The “Situation”: The Cisg And The Regulated Market, Andrea L. Charters

Washington University Global Studies Law Review

This Article considers what kind of market analysis appears when “objective intent” rules and standards are used to help decide international sales cases adjudicating quality of goods disputes and whether and how these decisions are consistent with the goals of uniformity, good faith, and international character.


Curing The Humanitarian Crisis: Resolution 1502, Lindsay Jill Suttenberg Jan 2005

Curing The Humanitarian Crisis: Resolution 1502, Lindsay Jill Suttenberg

Washington University Global Studies Law Review

No abstract provided.


Protecting Traditional Agricultural Knowledge, Stephen B. Brush Jan 2005

Protecting Traditional Agricultural Knowledge, Stephen B. Brush

Washington University Journal of Law & Policy

Until the end of the last century, crop genetic resources were managed as public domain goods according to a set of practices loosely labeled as “common heritage.” The rise of intellectual property for plants, the commercialization of seed, the increasing use of genetic resources in crop breeding, and the declining availability of crop genetic resources have contributed to extensive revisions to the common heritage regime. Changes include specifying national ownership over genetic resources and use of contracts in the movement of resources between countries. This Essay explores the impact of these changes in cradle areas of crop domestication, evolution and ...


From The Shaman's Hut To The Patent Office: In Search Of A Trips-Consistent Requirement To Disclose The Origin Of Genetic Resources And Prior Informed Consent, Nuno Pires De Carvalho Jan 2005

From The Shaman's Hut To The Patent Office: In Search Of A Trips-Consistent Requirement To Disclose The Origin Of Genetic Resources And Prior Informed Consent, Nuno Pires De Carvalho

Washington University Journal of Law & Policy

The introduction in patent statutes of a requirement to disclose the origin of genetic resources and prior informed consent of the use of traditional knowledge in claimed inventions (hereinafter “the Requirement”) has been at the center of an international debate for the last few years. Many developing, biodiversity-rich countries consider that the Requirement is an essential component of a broader approach to patent law, which should be informed by considerations of economic development. At the other end of the spectrum, a few industrialized countries believe that the Requirement is not only incompatible with current international law, in particular the TRIPS ...