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Articles 31 - 45 of 45
Full-Text Articles in Law
Case Comment, Sanchez-Llamas V. Oregon, Curtis A. Bradley
Case Comment, Sanchez-Llamas V. Oregon, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
Enforcing The Avena Decision In U.S. Courts, Curtis A. Bradley
Enforcing The Avena Decision In U.S. Courts, Curtis A. Bradley
Faculty Scholarship
No abstract provided.
Constitutions As "Living Trees"? Comparative Constitutional Law And Interpretive Metaphors, Vicki C. Jackson
Constitutions As "Living Trees"? Comparative Constitutional Law And Interpretive Metaphors, Vicki C. Jackson
Georgetown Law Faculty Publications and Other Works
Part I below explores the interpretive approaches of three other high national courts that have engaged in constitutional review over a long period of time, identifying two respects in which they may bear on this debate. First, their jurisprudence relies on interpretive approaches that depend on multiple sources and forms of argument-what some call an "eclectic" method, and others might call common law constitutionalism. Second, the jurisprudence of other significant national courts acknowledges the possibility that interpretive understandings will change. Indeed, in those countries with continuity of rights-protecting constitutional regimes and with high courts vested with the power of judicial …
Poor Children: Child Witches And Child Soldiers In Sub-Saharan Africa, Naomi R. Cahn
Poor Children: Child Witches And Child Soldiers In Sub-Saharan Africa, Naomi R. Cahn
GW Law Faculty Publications & Other Works
This paper, written for a symposium on The Mind of a Child, examines two different aspects of the accountability of children: those children who are thrown away by their families because they are sorcerers, and those children who become soldiers and, through their involvement in armed conflict, inflict violence and death on others, including children. Like all other children, both sets of children are especially vulnerable because of their developmental (im)maturity. Indeed, as policy-makers struggle to develop strategies for responding to the needs of these children, the new neuroscientific literature provides yet another basis for arguing that children must be …
Review Essay: 'Seeing Beyond The Limits Of International Law,' Jack L. Goldsmith And Eric A. Posner, 'The Limits Of International Law', Paul Schiff Berman
Review Essay: 'Seeing Beyond The Limits Of International Law,' Jack L. Goldsmith And Eric A. Posner, 'The Limits Of International Law', Paul Schiff Berman
GW Law Faculty Publications & Other Works
In 'The Limits of International Law,' Jack Goldsmith and Eric Posner use the simplifying assumptions of rational choice theory in an attempt to demonstrate that international law has no independent valence whatsoever. Rather, according to the authors, each state single-mindedly pursues its own rational interest and obeys international legal norms only to the extent that such norms serve those pre-existing interests. In this Review Essay, I argue that their vision of international law is deeply flawed. In particular, I take issue with the authors' assumption that states simply have pre-existing unitary interests that they then rationally pursue. First, I argue …
The Legal Limits Of Universal Jurisdiction, Anthony J. Colangelo
The Legal Limits Of Universal Jurisdiction, Anthony J. Colangelo
Faculty Journal Articles and Book Chapters
Despite all the attention it receives from both its supporters and critics, universal jurisdiction remains one of the more confused doctrines of international law. Indeed, while commentary has focused largely and unevenly on policy and normative arguments either favoring or undercutting the desirability of its exercise, a straightforward legal analysis breaking down critical aspects of this extraordinary form of jurisdiction remains conspicuously missing. Yet universal jurisdiction's increased practice by states calls out for such a clear descriptive understanding. This Essay engages this under-treated area. It offers to explicate a basic, but overlooked, feature of the law of universal jurisdiction: If …
Reserving, Edward T. Swaine
Reserving, Edward T. Swaine
GW Law Faculty Publications & Other Works
The law of treaty reservations - which enables states to ask that their multilateral obligations be tailored to their individual preferences - has been controversial for over fifty years, and is at present subject to pitched battles within (and between) the International Law Commission and numerous other international institutions. There is broad agreement that existing scheme under the Vienna Convention on the Law of Treaties involves a sharp tradeoff between honoring the unalloyed consent of non-reserving states (that is, those agreeing to the treaty as originally negotiated, which may object to proposed reservations) and respecting the conditioned consent of reserving …
Taiwan's Wto Membership And Its International Implications, Steve Charnovitz
Taiwan's Wto Membership And Its International Implications, Steve Charnovitz
GW Law Faculty Publications & Other Works
In contrast to other international organizations, the World Trade Organization does not require its members to be states. This constitutional feature has allowed Taiwan to join the WTO alongside China. As a result, the WTO is now the only major international organization in which Taiwan can participate as a full member. This article explores some implications of this unique situation for Taiwan, for the WTO, and for international law. The article contends that Taiwan's membership in the WTO is not itself a bilateral treaty with China and does not itself change the legal relationship between Taiwan and China. What Taiwan's …
The Current State Of International Law, S. James Anaya
The Current State Of International Law, S. James Anaya
Publications
No abstract provided.
Indian Givers: What Indigenous Peoples Have Contributed To International Human Rights Law, S. James Anaya
Indian Givers: What Indigenous Peoples Have Contributed To International Human Rights Law, S. James Anaya
Publications
No abstract provided.
Gendered Subjects Of Transitional Justice, Katherine M. Franke
Gendered Subjects Of Transitional Justice, Katherine M. Franke
Faculty Scholarship
Transitional societies must contend with a range of complex challenges as they seek to come to terms with and move beyond an immediate past saturated with mass murder, rape, torture, exploitation, disappearance, displacement, starvation, and all other manner of human suffering. Questions of justice figure prominently in these transitional moments, and they do so in a dual fashion that is at once backward and forward looking. Successor governments must think creatively about building institutions that bring justice to the past, while at the same time demonstrate a commitment that justice will form a bedrock of governance in the present and …
The Wall And The Law: A Tale Of Two Judgements, Susan M. Akram, S. Michael Lynk
The Wall And The Law: A Tale Of Two Judgements, Susan M. Akram, S. Michael Lynk
Faculty Scholarship
The seminal rulings in 2004 by the International Court of Justice and the Israeli High Court on the legality of the wall/barrier that Israel is building through the occupied West Bank and East Jerusalem provide a study in contrast. While both judgements were critical of the wall/barrier, their judicial approaches and legal conclusions were strikingly divergent, particularly given that the two courts were purporting to rely upon the same principles of international law. The judgements also elicited quite different political and diplomatic reactions, especially among the parties most involved in the Israel/Palestine conflict. This article explores the legal analysis and …
China And The Human Right To Health: Selective Adaptation And Treaty Compliance, Pitman B. Potter
China And The Human Right To Health: Selective Adaptation And Treaty Compliance, Pitman B. Potter
All Faculty Publications
The international community has devoted considerable energy to dialogue and exchanges with China on issues of treaty compliance in areas of trade and human rights, and while many improvements are evident in China’s legal regimes for trade and human rights, problems remain. Further, academic and policy discourses on China’s trade and human rights policy and practice are all too often conflicted by normative differences and illusions about them. The paradigm of “selective adaptation” offers a potential solution by examining compliance with international trade and human rights treaties by reference to the interplay between normative systems associated with international rule regimes …
Centennial Essays: Editors' Introduction, Lori Fisler Damrosch, Bernard H. Oxman
Centennial Essays: Editors' Introduction, Lori Fisler Damrosch, Bernard H. Oxman
Faculty Scholarship
The first words of the first essay published in our pages pose a challenge as prescient as it is timely:
The increase of popular control over national conduct, which marks the political development of our time, makes it constantly more important that the great body of the people in each country should have a just conception of their international rights and duties.
With this precept in mind, we begin our celebration of the one-hundredth anniversary of the American Journal of lnternational Law and its publisher, the American Society of International Law.
Treaty Obligations And National Law: Emerging Conflicts In International Arbitration, William W. Park, Alexander A. Yanos
Treaty Obligations And National Law: Emerging Conflicts In International Arbitration, William W. Park, Alexander A. Yanos
Faculty Scholarship
In determining the effect of treaties, the adage pacta sunt servanda ("agreements are to be kept") remains a foundation of international law? By contrast, when American courts consider international conventions, the principle barely rises to the rank of analytic starting point.