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Articles 1 - 30 of 49
Full-Text Articles in Law
Impracticability, Mutual Mistake And Related Contractual Bases For Equitability Adjusting The External Debt Of Sub-Saharan Africa, Jon H. Sylvester
Impracticability, Mutual Mistake And Related Contractual Bases For Equitability Adjusting The External Debt Of Sub-Saharan Africa, Jon H. Sylvester
Publications
No abstract provided.
A Treaty Is A Treaty Is A Treaty, Malvina Halberstam
Book Review Of Federal Courts And The International Human Rights Paradigm And World Justice? U.S. Courts And International Human Rights, Linda A. Malone
Book Review Of Federal Courts And The International Human Rights Paradigm And World Justice? U.S. Courts And International Human Rights, Linda A. Malone
Faculty Publications
No abstract provided.
Re-Examining The Act Of State Doctrine: An Integrated Conflicts Analysis, Gregory H. Fox
Re-Examining The Act Of State Doctrine: An Integrated Conflicts Analysis, Gregory H. Fox
Law Faculty Research Publications
No abstract provided.
The Role Of Non-Governmental Organizations In The Development Of International Environmental Law, A. Dan Tarlock
The Role Of Non-Governmental Organizations In The Development Of International Environmental Law, A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
Stewardship Sovereignty: The Next Step In Former Prime Minister Palmer's Logic, A. Dan Tarlock
Stewardship Sovereignty: The Next Step In Former Prime Minister Palmer's Logic, A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
Book Review Of International Legal Books In Print 1990-1991, James S. Heller
Book Review Of International Legal Books In Print 1990-1991, James S. Heller
Library Staff Publications
No abstract provided.
Bumper Cars: Themes Of Convergence In International Regulation, Michael P. Malloy
Bumper Cars: Themes Of Convergence In International Regulation, Michael P. Malloy
McGeorge School of Law Scholarly Articles
In this Article, Professor Malloy examines the convergence of regulatory standards among international regulators, suggesting that the dynamic of financial services regulation can best be understood as a conceptualized version of the bumper cars ride at an amusement park. While Professor Malloy suggests that a certain degree of convergence has already occurred in international regulation, thus decreasing the number of “bumps” in the ride, he also recognizes that much of this convergence remains prospective rather than actual, and currently is dominated by a pattern of regionalized regulation. Professor Malloy argues that, unless a converged pattern of regulation continues to develop, …
Negotiation Of International Agreements: Legal And Practical Problems In The Third World Countries, Kuwayaway Stephen Stephen
Negotiation Of International Agreements: Legal And Practical Problems In The Third World Countries, Kuwayaway Stephen Stephen
LLM Theses and Essays
The purpose of this study was to investigate problems in negotiation of international agreements in Third World countries, to shed light on the salient features in negotiation agreements between developed and developing countries, and to propose measures to assess the situation. This study provides detailed description and techniques used in negotiating these agreements in international negotiations. The study reveals that when negotiating within unequal bargaining power, the weak party stands to lose because it enters the agreement without free will; consequently, the agreement becomes unenforceable. Three factors have been identified as being obstacles to freedom of contract, ie. The unequal …
The Protection Of Human Rights In Disintegrating States: A New Challenge, Bartram Brown
The Protection Of Human Rights In Disintegrating States: A New Challenge, Bartram Brown
All Faculty Scholarship
No abstract provided.
Idea-Systems In Law: Nineteenth-Century German Experience, David J. Gerber
Idea-Systems In Law: Nineteenth-Century German Experience, David J. Gerber
All Faculty Scholarship
No abstract provided.
Integration, Disintegration And The Protection Of Competition: Of Myths, Stories And Images, David J. Gerber
Integration, Disintegration And The Protection Of Competition: Of Myths, Stories And Images, David J. Gerber
All Faculty Scholarship
No abstract provided.
A Critical Introduction To The Conference On Human Rights, Public Finance, And The Development Process, Daniel D. Bradlow
A Critical Introduction To The Conference On Human Rights, Public Finance, And The Development Process, Daniel D. Bradlow
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Eec 1992: Impact On Asean, Sompong Sucharitkul
Eec 1992: Impact On Asean, Sompong Sucharitkul
Publications
Presented at Singapore Conferences On International Business Law Conference VI: , Current Developments in International Transfers of Goods and Services, 9 - 11 September 1992.
The Process Of Peace-Making Following Operation 'Desert Storm', Sompong Sucharitkul
The Process Of Peace-Making Following Operation 'Desert Storm', Sompong Sucharitkul
Publications
On August 2, 1990, the whole world witnessed an unprecedented event in modern history, the unprovoked invasion of Kuwait by Iraqi armed forces. The invasion itself was historic in the sense that in this day and age it was still possible for one militarily powerful Asian Arab State to invade and overrun its relatively weaker sister State and to proceed to declare its annexation without fear of adverse reactions from the international community. That the Iraqi leaders miscalculated United States reactions and subsequent world-wide repercussions no one could today gainsay. Nor indeed could anybody deny Iraq's overestimation of its own …
Game Theory, Signalling, And International Legal Relations, 26 Geo. Wash. J. Int'l L. & Econ. 33 (1992), William B.T. Mock
Game Theory, Signalling, And International Legal Relations, 26 Geo. Wash. J. Int'l L. & Econ. 33 (1992), William B.T. Mock
UIC Law Open Access Faculty Scholarship
No abstract provided.
The Case For Self-Determination, Guyora Binder
The Case For Self-Determination, Guyora Binder
Journal Articles
This lecture offers an analysis and defense of the right of self-determination of peoples. The argument begins by analyzing self-determination into its universalist and nationalist components. The universalist component of self-determination is satisfied wherever institutions of government are majoritarian. The nationalist component of self-determination is satisfied to the extent that institutions of government are identified with particular communities. The universalist compoent is now widely recognized as an authoritative principle of international law. The nationalist component remains controversial, particularly outside of the particular context of the dismantling of European colonial empires. The lecture proceeds to defend the nationalist component by attacking …
The International Law Of The Environment From The U.S. Perspective: A Case Study: The U.S. And Mexico, Robert Summers
The International Law Of The Environment From The U.S. Perspective: A Case Study: The U.S. And Mexico, Robert Summers
Faculty Articles
The subject of public international law is vast, rich and varied, thus offering the potential to explore many interrelated topics ranging from the lofty philosophical precepts of positivist and naturalist thought to the technical intricacies of international business transactions. Many of these topics are also historically relevant to the long and often inclement history of Mexican-U.S. relations. These include the law of war, peace and neutrality, self-determination, territory, recognition, and diplomatic and consular privileges and immunities. Regrettably, the allotment of time and space for the subject of public international law in the Joint Venture Program does not allow discourse on …
Basle Committee Minimum Standards : International Regulatory Response To The Failure Of Bcci, Duncan E. Alford
Basle Committee Minimum Standards : International Regulatory Response To The Failure Of Bcci, Duncan E. Alford
Faculty Publications
No abstract provided.
Exchange Loss Damages And The Uniform Foreign-Money Claims Act: The Emperor Hasn't All His Clothes, Ronald A. Brand
Exchange Loss Damages And The Uniform Foreign-Money Claims Act: The Emperor Hasn't All His Clothes, Ronald A. Brand
Articles
In 1989, the National Conference of Commissioners on Uniform State Laws approved a new Uniform Foreign-Money Claims Act. This Act is designed to change and clarify the law regarding judgments on obligations denominated in a foreign currency. It does so by recognizing that old rules preventing judgment in a foreign currency - developed in times of a strong dollar - are inappropriate. Unfortunately, in seeking fairness for plaintiffs when the U.S. dollar is weak, the Act replaces rigid old rules with stiff new rules that fail to address the basic issue of appropriate damages for exchange rate losses. While the …
Developing A World Vision: An Introduction To International Environmental Policy, Beverly Mcqueary Smith
Developing A World Vision: An Introduction To International Environmental Policy, Beverly Mcqueary Smith
Scholarly Works
No abstract provided.
Interpreting Sacred Texts: Preliminary Reflections On Constitutional Discourse In China, Janet Ainsworth
Interpreting Sacred Texts: Preliminary Reflections On Constitutional Discourse In China, Janet Ainsworth
Faculty Articles
The 1982 Constitution of the People's Republic of China provides the foundation for a nation governed by the rule of law rather than by Party fiat. It remains unclear whether and to what extent this ambitious Constitution will be implemented in practice. In her article, Professor Ainsworth asserts that the way in which Western scholars to date analyzed Chinese constitutions demonstrates the ethnocentric assumptions inherent in Western scholarship. Professor Ainsworth suggests that Chinese constitutional discourse needs to be understood in a Chinese context, requiring a historical study of the traditional Chinese exegetical methodology used in interpreting the Confucian Classics. This …
Offenders Abroad: The Case For Nationality-Based Criminal Jurisdiction, Geoffrey R. Watson
Offenders Abroad: The Case For Nationality-Based Criminal Jurisdiction, Geoffrey R. Watson
Scholarly Articles
When a host state does not prosecute a U.S. national who commits a violent crime abroad, the United States does not exercise jurisdiction. Should the United States eschew nationality jurisdiction, when it may provide the only basis for prosecution? Part II of this article traces the evolution of nationalitybased criminal jurisdiction in U.S. law and asserts that the United States has in fact embraced such jurisdiction in the past, usually to ensure that U.S. offenders abroad were tried by U.S. courts rather than foreign tribunals. Part III examines the current U.S. jurisdictional scheme, which relies on foreign states to prosecute …
The Kantian Theory Of International Law, Fernando R. Tesón
The Kantian Theory Of International Law, Fernando R. Tesón
Scholarly Publications
This Article defends the view, first developed by Immanuel Kant, that international law and domestic justice are fundamentally connected.'
Global Warming: A Comprehensive Approach, Lakshman Guruswamy
Global Warming: A Comprehensive Approach, Lakshman Guruswamy
Publications
No abstract provided.
The Extraterritorial Application Of Antitrust Laws: The United States And European Community Approaches, Roger P. Alford
The Extraterritorial Application Of Antitrust Laws: The United States And European Community Approaches, Roger P. Alford
Journal Articles
This Article compares the differing approaches of the United States and the European Community as they wrestle with the question of how to regulate foreign anticompetitive activity. More specifically, this Article highlights the distinctive features of the U.S. "effects doctrine" and the European Community's "implementation approach" and analyzes the differences that exist between the two systems. Only the U.S. doctrine openly provides for the consideration of international comity concerns, but both approaches have been used liberally to assert jurisdiction over foreign defendants. Part II of this Article provides a background to the subject by briefly outlining the traditional bases of …
Dilemmas Of Justice, Ruti G. Teitel
Country/Region Reports -- United States Of America, Linda A. Malone
Country/Region Reports -- United States Of America, Linda A. Malone
Faculty Publications
No abstract provided.
State Support Of International Terrorism: Legal, Political And Economic Dimensions, Christopher L. Blakesley
State Support Of International Terrorism: Legal, Political And Economic Dimensions, Christopher L. Blakesley
Scholarly Works
In this piece, Professor Blakesley reviews “State Support of International Terrorism: Legal, Political, and Economic Dimensions” by John F. Murphy.
Public Employment Law And The Transition To Democracy In Chile, Robert Vaughn
Public Employment Law And The Transition To Democracy In Chile, Robert Vaughn
Articles in Law Reviews & Other Academic Journals
No abstract provided.