Law Commons^™

Introduction To "Books", Margaret A. Leary

Articles

It's well known that graduate William B. Cook's generosity provided the Law School with its trademark Gothic Law Quadrangle. It is less universally known that Cook endowed the Law School with a trust to support faculty research, and had a strong interest in the nature of that research. He chose to call the library building "Legal Research" and to inscribe above the main entrance "Learned and cultured lawyers are safeguards of the republic." Cook often said that the lack of "intellectual leadership 1s the greatest problem which faces America," and he wanted this Law School to provide that missing leadership. …

Inclusive Boundaries And Other (Im)Possible Paths Toward Community Development In A Global World, Fran Ansley

Scholarly Works

This paper is based on a talk given at a University of Pennsylvania symposium on Social Movements and Law Reform. In it Professor Ansley takes as a case study the U.S. movement against plant closings. In the seventies, eighties and nineties this movement attempted to respond to the increasing flow of industrial capital from the U.S. to other countries. Like other social movements, it devoted a significant part of its energy to "framing" its issues - articulating and attempting to promote a particular way of looking at the issue of plant closings, de-industrialization, and the new international division of labor. …

Autonomy, Self-Governance, And The Margin Of Appreciation: Developing A Jurisprudence Of Diversity Within Universal Human Rights, Douglas Lee Donoho

Faculty Scholarship

No abstract provided.

Law, Language And Terror: Policemen Or Soldiers? The Dangers Of Misunderstanding The Threat To America (Commentary On 9-11), Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

This article was offered in 2001 as the Times Literary Supplement's main commentary the week following 9-11. The essay argues that 9-11 required war as a response, and challenges views expressed in the days following 9-11 by commentators such as Anne-Marie Slaughter and Michael Ignatieff that the proper response by the United States should be criminal law in nature - either international criminal law, through international tribunals or procedures, or domestic criminal law of the kind pursued in the first 1993 World Trade Center bombing. It further argues against the functional pacifism of many Christian theologians who, while approving of …

Is The Alien Tort Statute Sacrosanct--Retaining Forum Non Conveniens In Human Rights Litigation, Aric K. Short

Faculty Scholarship

I argue in this article that no reasonable basis exists to justify federal courts refusing to consider forum non conveniens arguments in cases brought under the Alient Tort Statute; in fact, good reasons exist to retain the doctrine in its undiluted form. The purpose and design of forum non conveniens make it sufficiently flexible to be invoked in even the most compelling human rights cases brought in the United States. If applied properly, the doctrine will identify ATS cases that cannot and should not be dismissed to foreign fora; however, if forum non conveniens operates as it should, it also …

Capital Punishment: Corporate Criminal Liability For Gross Violations Of Human Rights, Diane Marie Amann

Scholarly Works

These remarks were presented on February 24, 2001, in a panel concluding a conference entitled "Holding Multinational Corporations Responsible Under International Law" at Hastings College of the Law, San Francisco, California.

The International Law Of Torture: From Universal Proscription To Effective Application And Enforcement, Winston P. Nagan, Lucie Atkins

UF Law Faculty Publications

This Article presents a comprehensive review of world torture and the efforts to eradicate it through both official and unofficial strategies of intervention, with special emphasis on the legal strategies. This Article recognizes the complexity of these strategies as they form a vast number of initiatives emerging from various elements of the international community. Part II of the Article touches on matters of definition and legal history. This enables the examination of the inherent characteristics of torture as they impact issues of governance, social control, and principles of basic respect and human dignity. Part III examines the efforts to universally …

Environmental Certification Systems And U.S. Environmental Law: Closer Than You May Think, Errol E. Meidinger

Journal Articles

Many industrial organizations are committing to achieve improved environmental performance through non-governmentally instituted environmental certification programs. Such programs typically define the environmental standards that firms must meet as well as the organizational mechanisms required to achieve and "certify" compliance. Well known examples include the chemical industry's "Responsible Care" program, the International Organization for Standardization's "ISO 14000" environmental management program, and the Forest Stewardship Council's well-managed forests program.

Because of their ostensibly private and voluntary nature, environmental certification programs are often presumed to be separate and distinct from law. In fact, however, they are deeply intertwined with law, and seem likely …

Restitution As A Remedy In The U.S. Courts For Violations Of International Law, Frederic L. Kirgis

Scholarly Articles

Not available.

American Lawyers And International Competence, Charlotte Ku, Christopher J. Borgen

Faculty Publications

Just over ten years ago, Germans tore down a wall that divided their country and the whole of Europe. Stepping through the hole in the Berlin Wall, they took the first steps towards the reunification of West and East Germany and the end of the Cold War. Today another wall is being torn down—that between purely domestic law and international law. Companies are engaged in international trade at ever increasing rates. Environmental degradation has proved to be a global problem that cannot be solved with uncoordinated local measures. Individuals worldwide are pressing their governments for the recognition of a common …

The Law Of Peoples. By John Rawls. Cambridge, London: Harvard University Press, 1999. (Book Review), Patrick O. Gudridge

Articles

No abstract provided.

Sovereignty Versus Space - Public Law And Private Launch In The Asian Context, Frans G. Von Der Dunk

Space, Cyber, and Telecommunications Law Program: Faculty Publications

In the more than forty years which have gone by since the birth of space law, there has not been a more revolutionary development than the rapidly increasing involvement of private entities in space activities. International space law in the narrow sense—essentially five space treaties and five United Nations Resolutions on space constituting the core of the corpus juris spatialis internationalis— developed for its most fundamental part when only states (and a few international organisations) were undertaking space activities in any meaningful sense of the word. Its exclusively public character, for example in terms of rights and obligations provided …

A Guide To Resources On Careers In Foreign And International Law, Robert H. Hu

Faculty Articles

Law librarians are often asked by law students and even practicing attorneys, “How do I begin a career in foreign and international law practice?” The student or attorney asking this question frequently is seeking recommendations for books, articles, or other information resources on the topic. The same situation arises in a law school’s career services office. For these reasons, a guide has been compiled to help law librarians and placement officials assist individuals who are interested in pursuing career opportunities in foreign and international law practice.

This guide is divided into four sections: Perspectives on International Law Practice, Membership Organizations, …

Building Democracies With Southern Command’S Legal Engagement Strategy, Jeffrey F. Addicott, Guy B. Roberts

Faculty Articles

Fostering democracies and encouraging military establishments, which are subject to the rule of law, is vital to United States national security interests. In this regard, the American warfighting unified commands mirror the overall U.S. national security policy of peacetime engagement, not only by maintaining close contacts with friendly governments for the purpose of imparting democratic ideals and principles, but by focusing this commitment to support new democracies through detailed engagement plans.

U.S. Southern Command’s engagement plan for Latin America creates a “community of democratic, stable, and prosperous” nations. This plan also provides a blueprint for democracy-building in the context of …

Complementary Agreements And Compulsory Jurisdiction, Bernard H. Oxman

Articles

No abstract provided.

The Return Of The Standard Of Civilization, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Book Review. Gostin On Public Health Law, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

"Geographical Morality" Revisited: International Relations, International Law, And The Controversy Over Placebo-Controlled Hiv Clinical Trials In Developing Countries, David P. Fidler

Articles by Maurer Faculty

No abstract provided.

Rethinking Wto Trade Sanctions, Steve Charnovitz

GW Law Faculty Publications & Other Works

The paper presents an outline of the issues and a preliminary appraisal of the use of trade sanctions by the World Trade Organization (WTO) as a means of promoting compliance by parties. The WTO is unique among intergovernmental organizations (IGOs) in using trade sanctions to enforce independent adjudications. Many commentators have suggested using trade sanctions analogously in other IGOs, or alternatively broadening trade rules so that the sanctions can be used for other purposes, such as enforcing basic human rights. The paper examines the advantages and disadvantages of the use of such compliance sanctions by the WTO and concludes that …

Law And International Relations: Introductory Remarks And Panel Discussion, Julian Knowles, Christopher J. Borgen, Arthur Rovine, William Paul, Carlos Manuel Vazquez

Faculty Publications

This panel was cosponsored by the American Society of International Law (ASIL). The ASIL was founded in 1906 by Secretary of State Elihu Root to inform and engage the public on issues of international law. It is a nonprofit, nonpartisan membership association and research institute dedicated to providing both information about international law in all its forms and a forum for debate and discussion. This panel was one such forum. It was organized under the auspices of the ASIL Judicial Outreach Program, chaired by Justice Sandra Day O'Connor. The Judicial Outreach Program provides information resources for federal and state judiciaries. …

The Costs Of International Human Rights Litigation, Curtis A. Bradley

Faculty Scholarship

No abstract provided.

Transnational Civil Society Dialogues, Francesca Bignami, Steve Charnovitz

GW Law Faculty Publications & Other Works

Among the most interesting features of the New Transatlantic Agenda are the initiatives that are designed to link private actors and enable them to influence official policy making. Called "building bridges across the Atlantic" or "people-to-people links," these initiatives are intended to generate broad-based support for intergovernmental cooperation in trade liberalization, deregulation, immigration, justice, and a host of other areas (Wayne 1998; Krenzler 1998). This chapter surveys the efforts to institutionalize transatlantic civil society dialogue and offers suggestions on how the undertaking can be improved.

Review Of Human Rights In Global Politics, Christine M. Chinkin

Reviews

The fiftieth anniversary of the Universal Declaration of Human Rights in 1998, coming in the decade after the resurgence of Western-style liberal democracies, has generated much writing and activity over the current status and future development of international human rights law, practice, and discourse. International lawyers tend to take for granted the canon of rights that, in the wake of the Universal Declaration, have been enshrined within the body of international instruments that have been adopted within regional and global arenas. In the 1990s, these lawyers largely turned their attention away from standard setting and to issues of effectiveness. Considerable …

Uni-State Lawyers And Multinational Practice: Dealing With International, Transnational, And Foreign Law, Ronald A. Brand

Articles

This article addresses how a lawyer may ethically engage in a transnational practice given the current structure of state-by-state bar admission. Part II examines the ethical pitfalls of a transnational practice, including an examination of applicable APA Model Rules of Professional Conduct. This section also addresses different tests for determining whether a lawyer has committed the unauthorized practice of law. Part III makes use of examples to illustrate the legal framework for determining whether a lawyer has committed the unauthorized practice of law. In Part IV, the author concludes by making suggestions for how to better address the ethical dilemma …

Universal Jurisdiction And U.S. Law, Curtis A. Bradley

Faculty Scholarship

No abstract provided.

Crossing Borderlands Of Inequality With International Legal Methodologies - The Promise Of Multiple Feminisms, Berta E. Hernández-Truyol

UF Law Faculty Publications

This work provides insights into the gendered developments of international law. It explores the roles played by the gendered rule of law and by the conflation of economic, social, political, religious, cultural, and historic realities in the marginalization of women in the international, regional, and domestic spheres worldwide. The first section presents the myriad locations of women's persistent inequality. The next sets forth feminist theory that has been the basis of both the celebration of women's progress and the denunciation of women's subordination. The last part makes suggestions for the articulation of a methodology that follows the complex paths of …

Crosby As Foreign Relations Law, Edward T. Swaine

GW Law Faculty Publications & Other Works

This brief essay addresses the Supreme Court's end-of-term decision in Crosby v. National Foreign Trade Council, which preempted Massachusetts's law limiting public procurement from companies doing business in Burma. The essay addresses the perception that Crosby was limited in its implications for foreign relations law, and explores the Court's minimalist approach to inescapably constitutional questions - concluding, in the end, that the Court made foreign relations law without professing to do so, and without fully appreciating its consequences or capitalizing on its benefits.

The Wto And The Rights Of The Individual, Steve Charnovitz

GW Law Faculty Publications & Other Works

The Marrakesh Agreement Establishing the World Trade Organization (WTO) is silent regarding its relationship to the individual. One might presume that an international organization set up to emancipate trade could have no purpose other than upholding trading rights of private actors. But the WTO was not established to achieve "free trade". That goal is absent from the Marrakesh Agreement. Instead, the goals of the Agreement are "reciprocal and mutually advantageous arrangements directed to the substantial reduction of tariffs and other barriers to trade" and the "elimination of discriminatory treatment in international trade relations". The term "reciprocal arrangements" makes clear that …

Conflict Prevention, Management, And Resolution: Africa--Regional Strategies For The Prevention Of Displacement And Protection Of Displaced Persons: The Cases Of The Oau, Ecowas, Sadc, And Igad, Jeremy Levitt

Journal Publications

This Article seeks to examine the preparedness of certain African regional actors to protect displaced persons in times of armed conflict, and to prescribe formulas to strengthen the capabilities of such actors. The objective is to assess the conflict maintenance capacities of African regional actors and their partners to provide physical and legal protection to displaced persons in times of armed conflict, and likewise to recommend strategies to increase protection.

Does International Human Rights Law Make A Difference?, Douglass Cassel

Journal Articles

Does international human rights law make a difference? Does it protect rights in practice? The importance of these questions for rights protection is obvious: the institutions of international human rights law deserve our energetic support only to the extent they contribute meaningfully to protection of rights, or at least promise eventually to do so. Moreover, at the moment these questions have added urgency. They underlie an ongoing debate, fomented in part by this Journal, on the extent to which the United States should be prepared to cede degrees of its national sovereignty to international human rights institutions, in return for …