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Full-Text Articles in Law

The Fog Of Certainty, Robert B. Ahdieh Sep 2009

The Fog Of Certainty, Robert B. Ahdieh

Faculty Scholarship

In a recent essay in the Yale Law Journal, constitutional law scholar Michael Stokes Paulsen argues that “[t]he force of international law, as a body of law, upon the United States is . . . largely an illusion.” Rather than law, he suggests, international law is mere “policy and politics.”

For all the certainty with which this argument is advanced, it cannot survive close scrutiny. At its foundation, Professor Paulsen’s essay rests on a pair of fundamental misconceptions of the nature of law. Law is not reduced to mere policy, to begin, simply because it can be undone. Were that true ...


Water Scarcity, Conflict, And Security In A Climate Change World: Challenges And Opportunities For International Law And Policy, Gabriel Eckstein Mar 2009

Water Scarcity, Conflict, And Security In A Climate Change World: Challenges And Opportunities For International Law And Policy, Gabriel Eckstein

Faculty Scholarship

Although climate change is expected to have major consequences that affect the global environment in its broadest sense, one of the earliest and most direct impacts will be on Earth’s fresh water systems. While some regions will experience increased precipitation, others will suffer serious scarcity. Among others, consequences are likely to include severe flooding, extreme droughts, and meandering border-rivers. This, in turn, will affect human migration patterns, population growths, agricultural activities, economic development, and the environment. This article explores the impact that climate change will have on regional and global freshwater resources and the resulting legal and policy implications ...


From Here To Beijing: Public/Private Overlaps In Trade And Their Effects On U.S. Law, Elizabeth Trujillo Jan 2009

From Here To Beijing: Public/Private Overlaps In Trade And Their Effects On U.S. Law, Elizabeth Trujillo

Faculty Scholarship

Recent news involving contaminated pet food and unsafe toys imported from China makes us question the legal frameworks that facilitated such incidences and stirs anti-globalization sentiment. While consumers wonder about the role of their governments in this context and look for judicial remedies, deeper questions arise regarding the international forces lying beneath the surface of the legal remedial work of our domestic courts. This paper explores the international trade paradigm in place that facilitates the inner workings of private investors and has trickling effects on domestic law. Furthermore, it will show that the trade regime is transnational in nature, consisting ...


Disaggregating The Regional-Multilateral Overlap: The Nafta Looking-Glass, Elizabeth Trujillo Jan 2009

Disaggregating The Regional-Multilateral Overlap: The Nafta Looking-Glass, Elizabeth Trujillo

Faculty Scholarship

This short piece explores regionalism through the lens of NAFTA and examines its relationship to the multilateral trade regime and its effects on domestic policy. It tries to better understand the legal paradigm that allows the public aspects of trade law to intersect with the private interests of private investors. The rich jurisprudence of the Chapter 11 investment chapter of NAFTA provides a looking-glass into the complex interplay of state and non-state actors who navigate through the regional and multilateral trade and investment frameworks to further their interests. By disaggregating these overlaps, the paper illuminates this interplay which allows private ...