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Articles 1 - 30 of 98
Full-Text Articles in Law
Southeast Asia Nuclear Weapon-Free Zone, Sompong Sucharitkul
Southeast Asia Nuclear Weapon-Free Zone, Sompong Sucharitkul
Publications
Among the latest developments inducing system compliance is the conclusion of the Treaty on Southeast Asia Nuclear Weapon-Free Zone on December 15, 1995 during the Fifth ASEAN Summit in Bangkok. As the Author of a Note introducing this Treaty in a recent publication of the American Society of International law, I am particularly pleased to have been invited to present to the Workshop the impact and implications of the Bangkok Treaty.
Socio-Economic Rights And The South African Transition: The Role Of The Truth And Reconciliation Commission, Ronald Slye
Socio-Economic Rights And The South African Transition: The Role Of The Truth And Reconciliation Commission, Ronald Slye
Faculty Articles
This article examines a part of a foundational principle of the South African Bill of Rights that individuals are entitled to a range of rights that ensure individual security, freedom, and well-being, and that these rights are interdependent and the crucial role of the Truth and Reconciliation Commission (the "TRC") in laying the groundwork for the fulfillment of those rights.
An Offer You Can't Refuse? Punishment Without Trial In Italy And The United States: The Search For Truth And An Efficient Criminal Justice System, Rachel A. Van Cleave
An Offer You Can't Refuse? Punishment Without Trial In Italy And The United States: The Search For Truth And An Efficient Criminal Justice System, Rachel A. Van Cleave
Publications
This Article compares the steps taken by Italy and the United States to reconcile the need for an efficient criminal justice system on the one hand, and the desire to achieve justice or discover the truth on the other. Plea bargaining in the United States has a significant history and has generated a substantial amount of literature critical of the device as violative of a criminal defendant's constitutional rights, particularly the right to be tried by a jury of one's peers. In addition, scholars have criticized the distortive effect of plea bargaining on the roles of the prosecutor, judge, and …
Law And Economic Development: A New Beginning?, Lan Cao
Law And Economic Development: A New Beginning?, Lan Cao
Faculty Publications
No abstract provided.
Dashing Consumer Hopes: Strict Products Liability And The Demise Of The Consumer Expectations Test, Rebecca Korzec
Dashing Consumer Hopes: Strict Products Liability And The Demise Of The Consumer Expectations Test, Rebecca Korzec
All Faculty Scholarship
The threshold issue in American products liability litigation is whether the product was defective at the time it left the manufacturer's control. Traditionally, courts and scholars define “defect” in three functional categories: manufacturing defects, design defects and marketing defects. American products liability doctrine employs two major tests to determine whether a "defect” exists: the seller-oriented risk-utility test and the buyer-oriented consumer expectations test. The Draft of the Restatement Third of Torts: Products Liability, like some American jurisdictions, rejects the “consumer expectations” test as an independent standard in defective warning and design cases. Ironically, this limitation of the use of the …
The Comparative And The Critical Perspective In International Agreements, Ángel Oquendo
The Comparative And The Critical Perspective In International Agreements, Ángel Oquendo
Faculty Articles and Papers
No abstract provided.
International Law In The Nigerian Legal System, Christian N. Okeke
International Law In The Nigerian Legal System, Christian N. Okeke
Publications
The central argument of this paper is that the character of a nation's system of law is inextricably connected with its socio-economic, cultural, religious and political make-up. To understand the attitude of a nation towards other nations, one must not be ignorant of the laws through which that nation gives expression to its sense of justice and regulates its structure. Furthermore, one must bear in mind that each system of law has different concepts through which its law is expressed, language through which it is explained, categories by which it is organized, and legal rules which themselves embody the law …
The Taming Of The Shrew: May The Act Of State Doctrine And The Foreign Sovereign Immunity Act Eat And Drink As Friends?, Marianne D. Short, Chalres H. Brower Ii
The Taming Of The Shrew: May The Act Of State Doctrine And The Foreign Sovereign Immunity Act Eat And Drink As Friends?, Marianne D. Short, Chalres H. Brower Ii
Law Faculty Research Publications
No abstract provided.
Notes From Asia, Alfred C. Aman Jr.
On Mission In The Middle East: Reflections From Jerusalem And Ramallah, David Fidler
On Mission In The Middle East: Reflections From Jerusalem And Ramallah, David Fidler
Articles by Maurer Faculty
No abstract provided.
U.S. International Treatment Of Financial Derivatives, Reuven Avi-Yonah, Linda Swartz
U.S. International Treatment Of Financial Derivatives, Reuven Avi-Yonah, Linda Swartz
Articles
The current proposals to substitute consumption for income as the principal U.S. tax base have already been the topic of considerable commentary in these pages. However, one issue has received relatively little attention in the discussion of the various reform proposals: What potential complications are likely to arise if a single major player in the world's economy unilaterally adopts radical tax reform? The global economy is becoming more and more unified, with multinational corporations dominating world trade and trillions of dollars in portfolio investment flowing across national boundaries. In this economy, what would be the consequences if a single country, …
Resolution Of International Conflicts, Sompong Sucharitkul
Resolution Of International Conflicts, Sompong Sucharitkul
Publications
This year another area of international legal developments is added to our annual survey of international and comparative legal problems, namely, international dispute resolutions. I intend to select certain aspects of the salient features of legal developments in the area of international dispute resolution. An endeavor will be made to present an overview of three dimensions of dispute resolution, viz., (1) inter-governmental disputes; (2) mixed governmental and private-sector disputes; and (3) transnational disputes of private nongovernmental character.
Pollard And Priorities, Kenneth Lasson
Information Access Rights Based On International Human Rights Law (With Christopher J. Lhulier), Henry H. Perritt Jr.
Information Access Rights Based On International Human Rights Law (With Christopher J. Lhulier), Henry H. Perritt Jr.
All Faculty Scholarship
No abstract provided.
Exclusive Sovereignty Versus Sustainable Development Of A Shared Resource: The Dilemma Of Latin American Rainforest Management, A. Dan Tarlock
Exclusive Sovereignty Versus Sustainable Development Of A Shared Resource: The Dilemma Of Latin American Rainforest Management, A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
The Influence Of International Environmental Law On United States Pollution Control Law (Symposium), A. Dan Tarlock
The Influence Of International Environmental Law On United States Pollution Control Law (Symposium), A. Dan Tarlock
All Faculty Scholarship
No abstract provided.
International Law For A New Millennium: A Colloquium Honoring The Vision Of Louis B. Sohn, University Of Georgia School Of Law, The Dean Rusk International Law Center, Jose E. Alvarez, Ruth E. Gordon, James Anaya, Allyn L. Taylor, Daniel M. Bodansky, Jarat Chopra
International Law For A New Millennium: A Colloquium Honoring The Vision Of Louis B. Sohn, University Of Georgia School Of Law, The Dean Rusk International Law Center, Jose E. Alvarez, Ruth E. Gordon, James Anaya, Allyn L. Taylor, Daniel M. Bodansky, Jarat Chopra
Colloquia
The colloquium honored Louis B. Sohn, one of the world's foremost international law scholars. It was part of a series of activities including dedication of an international law library, and a portrait presentation. "In recognition of Professor Sohn's abiding involvement with the United Nations over the course of his life and the contributions he made to the institution even at such an early stage in his long career of academic and public service, the Rusk Center is pleased to present younger international law scholars who already have well-established reputations and whose work will affect that institution far into the next …
The Prosecutor V. Dusko Tadic: An Appraisal Of The First International War Crimes Trial Since Nüremberg, Michael P. Scharf
The Prosecutor V. Dusko Tadic: An Appraisal Of The First International War Crimes Trial Since Nüremberg, Michael P. Scharf
Faculty Publications
No abstract provided.
Have We Really Learned The Lessons Of Nüremberg?, Michael P. Scharf
Have We Really Learned The Lessons Of Nüremberg?, Michael P. Scharf
Faculty Publications
No abstract provided.
Getting Serious About An International Criminal Court, Michael P. Scharf
Getting Serious About An International Criminal Court, Michael P. Scharf
Faculty Publications
No abstract provided.
Long Overdue, Kenneth Lasson
The Utility Of International Criminal Courts, Mark Weston Janis
The Utility Of International Criminal Courts, Mark Weston Janis
Faculty Articles and Papers
No abstract provided.
International Human Rights Law In United States Courts: Professor Riesenfeld's Contributions, Naomi Roht-Arriaza
International Human Rights Law In United States Courts: Professor Riesenfeld's Contributions, Naomi Roht-Arriaza
Faculty Scholarship
No abstract provided.
Addressing Human Rights Abuses: Truth Commissions And The Value Of Amnesty, Naomi Roht-Arriaza, Peter A. Schey, Dinah L. Shelton
Addressing Human Rights Abuses: Truth Commissions And The Value Of Amnesty, Naomi Roht-Arriaza, Peter A. Schey, Dinah L. Shelton
Faculty Scholarship
No abstract provided.
Developing Countries, Regional Organizations, And The Iso 14001 Environmental Management Standard, Naomi Roht-Arriaza
Developing Countries, Regional Organizations, And The Iso 14001 Environmental Management Standard, Naomi Roht-Arriaza
Faculty Scholarship
No abstract provided.
Overcoming Challenges In The Global Classroom: Teaching Legal Research And Writing To International Law Students And Law Graduates, Diane Edelman, Mark Wojcik
Overcoming Challenges In The Global Classroom: Teaching Legal Research And Writing To International Law Students And Law Graduates, Diane Edelman, Mark Wojcik
Faculty Scholarship
No abstract provided.
The Empire Strikes Back: Britain's Use Of The Law To Suppress Political Dissent In Hong Kong, Richard Klein
The Empire Strikes Back: Britain's Use Of The Law To Suppress Political Dissent In Hong Kong, Richard Klein
Scholarly Works
This Article highlights historical events in Hong Kong under the British administration, and calls for a reconsideration of the widely-held view of approving of British rule. Among those instances highlighed by this Article include the British use of martial law, deportation, imprisonment, flogging and censorship to deal with those who dared criticize the governance of the colony.
The Coming Fresh Water Crisis: International Legal And Institutional Responses, Stephen C. Mccaffrey
The Coming Fresh Water Crisis: International Legal And Institutional Responses, Stephen C. Mccaffrey
McGeorge School of Law Scholarly Articles
No abstract provided.
Never Again: Questioning The Yugoslav And Rwanda Tribunals, Makau Wa Mutua
Never Again: Questioning The Yugoslav And Rwanda Tribunals, Makau Wa Mutua
Journal Articles
Fifty years after Nuremberg, the international community has again decided to experiment with international war crimes tribunals. The stated purpose for the establishment of both the Yugoslav and Rwanda Tribunals by the United Nations are to “put an end” to serious crimes such as genocide and to “take effective measures to bring to justice the persons who are responsible for them.” This piece argues that both assumptions are unrealistic and that such tribunals will have little or no effect on human rights violations of such enormous barbarity. In addition, this piece questions the motivations behind the formulation of the tribunals …