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Articles 1 - 13 of 13

Full-Text Articles in Law

Development And Outcomes Of Investment Treaty Arbitration, Susan Franck Jun 2009

Development And Outcomes Of Investment Treaty Arbitration, Susan Franck

Articles in Law Reviews & Other Academic Journals

The legitimacy of investment treaty arbitration is a matter of heated debate. Asserting that arbitration is unfairly tilted toward the developed world, some countries have withdrawn from World Bank dispute resolution bodies or are taking steps to eliminate arbitration. In order to assess whether investment arbitration is the equivalent of tossing a two-headed coin to resolve investment disputes, this article explores the role of development status in arbitration outcome. It first presents descriptive, quantitative research about the developmental background of the presiding arbitrators who exert particular control over the arbitration process. The article then assesses how (1) the development status …


The Rise Of International Criminal Law: Intended And Unintended Consequences, Kenneth Anderson Apr 2009

The Rise Of International Criminal Law: Intended And Unintended Consequences, Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

The rise of international criminal law has been one of the remarkable features of international law since 1990. One of the less-explored questions of international criminal law is its social effects, within the international community and the community of public international law, in other parts and activities of international law. In particular, what are the effects of the rise of international criminal law and its emerging system of tribunals on the rest of the laws of armed conflict? What are the effects upon apparently unrelated aspects of humanitarian and human rights law? What are the effects upon other large systems …


Internal Displacement, The Guiding Principles On Internal Displacement, The Principles Normative Status, And The Need For Their Effective Domestic Implementation In Colombia, Robert K. Goldman Jan 2009

Internal Displacement, The Guiding Principles On Internal Displacement, The Principles Normative Status, And The Need For Their Effective Domestic Implementation In Colombia, Robert K. Goldman

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Inter-American System, Diego Rodriguez-Pinzon Jan 2009

Inter-American System, Diego Rodriguez-Pinzon

Articles in Law Reviews & Other Academic Journals

No abstract provided.


The Women's Protocol To The African Charter And Sexual Violence In The Context Of Armed Conflict Or Other Mass Atrocity, Susana Sacouto, Katherine A. Cleary Jan 2009

The Women's Protocol To The African Charter And Sexual Violence In The Context Of Armed Conflict Or Other Mass Atrocity, Susana Sacouto, Katherine A. Cleary

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Inter-American System, Claudia Martin Jan 2009

Inter-American System, Claudia Martin

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Writer's Block - Resolve To Become A Better Writer, David Spratt Jan 2009

Writer's Block - Resolve To Become A Better Writer, David Spratt

Articles in Law Reviews & Other Academic Journals

No abstract provided.


Healthy Planet, Healthy People: Integrating Global Health Into The International Response To Climate Change, Lindsay Wiley Jan 2009

Healthy Planet, Healthy People: Integrating Global Health Into The International Response To Climate Change, Lindsay Wiley

Articles in Law Reviews & Other Academic Journals

The potentially groundbreaking negotiations currently underway on the international response to climate change and national implementation of commitments under the United Nations Framework Convention on Climate Change (UNFCCC) include a number of hotly contested issues: (1) what degree of climate change is acceptable as a basis for emissions targets, (2) to what extent and in what ways climate change mitigation should incorporate emissions reductions or increased sinks for developing countries, (3) whether the legal regime governing mitigation can take advantage of the huge mitigation potential of changed practices in the land use and agricultural sectors, (4) how adaptation should be …


International Climate Negotiations: Opportunities And Challenges For The Obama Administration, David Hunter Jan 2009

International Climate Negotiations: Opportunities And Challenges For The Obama Administration, David Hunter

Articles in Law Reviews & Other Academic Journals

This article is a discussion of the international dimensions of climate change policy facing the newly-elected Obama Administration, focusing on the Kyoto Protocol and subsequent Bali Road Map and Bali Action Plan. The Bali Action Plan set out a framework for negotiating a post-Kyoto agreement with binding commitments on all parties. The agreement is due to be finalized at the United Nations Framework Convention on Climate Change (UNFCCC) meeting in Copenhagen in December 2009, leaving the Obama Administration less than a year to shape its international climate policy and promote that policy effectively in the international negotiations.

The article addresses …


United Nations Collective Security And The United States Security Guarantee In An Age Of Rising Multipolarity: The Security Council As The Talking Shop Of The Nations, Kenneth Anderson Jan 2009

United Nations Collective Security And The United States Security Guarantee In An Age Of Rising Multipolarity: The Security Council As The Talking Shop Of The Nations, Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

This essay considers the respective roles of the United Nations and the United States in a world of rising multipolarity and rising new (or old) Great Powers. It asks why UN collective security as a concept persists, despite the well-known failures, both practical and theoretical, and why it remains anchored to the UN Security Council. The persistence is owed, according to the essay, to the fact of a parallel US security guarantee that offers much of the world (in descending degrees starting with NATO and close US allies such as Japan, but even extending to non-allies and even enemies who …


Inter-American System, Claudia Martin Jan 2009

Inter-American System, Claudia Martin

Articles in Law Reviews & Other Academic Journals

No abstract provided.


History And Action: The Inter-American Human Rights System And The Role Of The Inter-American Commission On Human Rights, Robert K. Goldman Jan 2009

History And Action: The Inter-American Human Rights System And The Role Of The Inter-American Commission On Human Rights, Robert K. Goldman

Articles in Law Reviews & Other Academic Journals

This article examines the historical origins of the Inter-American human rights system and key achievements of the Inter-American Commission on Human Rights over the past fifty years. The article also focuses on various notable activities and achievements of the Commission during three discreet periods between 1960 and 2004. It explores the Commission’s use of on-site visits and country reports to expose human rights violations of military governments during the 1970s and its increased use of the case system since the restoration of democratic rule in the 1990s. The article notes how key themes and shifts in US foreign policy, from …


Panel 1: Are Adequate Legal Frameworks In Place At The Domestic Level?: Domestic Incorporation Of Obligations Under The Convention Against Torture, Claudio Grossman Jan 2009

Panel 1: Are Adequate Legal Frameworks In Place At The Domestic Level?: Domestic Incorporation Of Obligations Under The Convention Against Torture, Claudio Grossman

Articles in Law Reviews & Other Academic Journals

No abstract provided.