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Articles 1 - 11 of 11
Full-Text Articles in Law
The Next Generation: Creating New Peace Processes In The Middle East, Carrie Menkel-Meadow, Irena Nutenko
The Next Generation: Creating New Peace Processes In The Middle East, Carrie Menkel-Meadow, Irena Nutenko
Georgetown Law Faculty Publications and Other Works
This essay describes how Israeli students in a course on mediation and consensus building taught in an Israeli university law department by and American law professor and an Israeli instructor analyzed and studied the conflict in the Middle East. It describes the suggestions they made for process design for the next stages of whatever peace process might emerge for the region. In light of the students' suggestions, the authors present some ideas as to how different approaches to reconciliation and peace might be used, managed, and coordinated.
The International Response To Climate Change: An Agenda For Global Health, Lindsay F. Wiley, Lawrence O. Gostin
The International Response To Climate Change: An Agenda For Global Health, Lindsay F. Wiley, Lawrence O. Gostin
Georgetown Law Faculty Publications and Other Works
As the international community negotiates a successor to the Kyoto Protocol of the United Nations Framework Convention on Climate Change (UNFCCC), there is new reason to hope that meaningful action might be taken to prevent devastating climate change. Even the more ambitious mitigation targets currently under negotiation, however, will not be sufficient to avoid a profound effect on the public's health in coming decades, with the world's poorest, most vulnerable populations bearing the disproportionate burden. The influence of historic and current emissions will be so substantial that it is imperative to reduce global emissions while at the same time preparing …
Healthy Planet, Healthy People: Integrating Global Health Into The International Response To Climate Change, Lindsay F. Wiley
Healthy Planet, Healthy People: Integrating Global Health Into The International Response To Climate Change, Lindsay F. Wiley
Georgetown Law Faculty Publications and Other Works
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 …
Labor Flexibility, Legal Reform And Economic Development, Alvaro Santos
Labor Flexibility, Legal Reform And Economic Development, Alvaro Santos
Georgetown Law Faculty Publications and Other Works
The current global financial crisis has provoked intense criticism of the regulatory framework for financial markets. Financial market flexibility, once considered the key to successful financial institutions and economic growth, has now come under intense scrutiny. In contrast, labor market flexibility is still promoted by scholars and international policymakers as an essential part of the recipe for economic development. This Article argues that the predominant understanding of labor flexibility is misguided and needs to be revised. To illustrate why, the Article undertakes a critical examination of labor flexibility as developed by a leading World Bank project, called “Doing Business.” It …
Is Law An Economic Contest? French Reactions To The Doing Business World Bank Reports And Economic Analysis Of The Law, Anne-Julie Kerhuel, Bénédicte Fauvarque-Cosson
Is Law An Economic Contest? French Reactions To The Doing Business World Bank Reports And Economic Analysis Of The Law, Anne-Julie Kerhuel, Bénédicte Fauvarque-Cosson
Georgetown Law Faculty Publications and Other Works
The economic analysis of law has provoked strong reactions among French academics, in particular since 2004 when the first of the Doing Business reports was published. French jurists have joined forces to expose the methodological limits inherent to these reports, which rated France a long way behind other legal systems allegedly more able to facilitate business. In its first part, this article examines the various reactions to these reports, almost all of which were published in French only. In the second part, the focus is on the position of economic analysis in French law, its role, and, in particular, the …
Global Governance: The World Trade Organization's Contribution, Andrew D. Mitchell, Elizabeth Sheargold
Global Governance: The World Trade Organization's Contribution, Andrew D. Mitchell, Elizabeth Sheargold
Georgetown Law Faculty Publications and Other Works
Democracy and administrative law concern ideas of governance, legitimacy, and accountability. With the growth of bureaucracy and regulation, many democratic theorists would argue that administrative law mechanisms are essential to achieving democratic objectives. This article considers the World Trade Organization’s (WTO) contribution to governance both in terms of global administrative law and democracy. In relation to administrative law, it first explores the extent to which the WTO’s own dispute settlement process contributes to this area. Second, it considers the operation of administrative law principles embedded within the WTO Agreements on Members. For example, the WTO Agreements require that certain laws …
Less Than Zero?, Carlos Manuel Vázquez
Less Than Zero?, Carlos Manuel Vázquez
Georgetown Law Faculty Publications and Other Works
Medellin v. Texas is the first case in which the Supreme Court has denied a treaty-based claim solely on the ground that the treaty relied upon was non-self-executing. In Foster v. Neilson, the only other case in which the Court had denied relief on this ground, the Court offered its view that the treaty was non-self-executing as an alternative ground for denying relief. The Court soon thereafter disavowed its conclusion that the treaty involved in Foster was non-self-executing, and, in the intervening years, it repeatedly declined invitations to deny relief on this or related grounds. Many observers thought that the …
Justice On The Ground: Can International Criminal Courts Strengthen Domestic Rule Of Law In Post-Conflict Societies?, Jane E. Stromseth
Justice On The Ground: Can International Criminal Courts Strengthen Domestic Rule Of Law In Post-Conflict Societies?, Jane E. Stromseth
Georgetown Law Faculty Publications and Other Works
The author examines how developments in international criminal law – including creation of the International Criminal Court and various hybrid tribunals – can have an impact on rule-of-law building efforts in post-conflict societies. Although trials of atrocity perpetrators primarily and appropriately focus on fairly trying the accused individuals, these processes also have a wider impact on public perceptions of justice and potentially can influence a society’s ability to embrace rule of law norms. The quality of outreach and capacity-building accompanying these trials may well have a decisive effect on whether these proceedings, on balance, strengthen or undermine public confidence in …
International Lawyer’S Guide To Legal Analysis And Communication In The United States, Kimberli Kelmor
International Lawyer’S Guide To Legal Analysis And Communication In The United States, Kimberli Kelmor
Georgetown Law Faculty Publications and Other Works
Aspen Publishers has published another very useful book for non-U.S. students and practitioners who are faced with understanding U.S. law. At first, I was a bit perplexed that Aspen had published this book, since the company also publishes the widely used Legal Reasoning, Research, and Writing for International Graduate Students by Nadia Nedzel. However, while the content does overlap some, the two books have slightly different target audiences and overall goals. One of the main differences is that while Nedzel spends a great deal of time on U.S. legal research, the International Lawyer's Guide explicitly does NOT cover legal research. …
Missouri V. Holland’S Second Holding, Carlos Manuel Vázquez
Missouri V. Holland’S Second Holding, Carlos Manuel Vázquez
Georgetown Law Faculty Publications and Other Works
The Supreme Court in Missouri v. Holland famously held that Congress has the power to pass a law to implement a treaty even if the law would not fall within Congress’ legislative power in the absence of the treaty. Essential to this holding were two distinct propositions. The first proposition is that the treaty-makers have the constitutional power to make treaties on matters falling outside Congress’ enumerated powers. The second is that, if the treaty-makers make such a treaty and the treaty is not self-executing, the Necessary and Proper Clause gives Congress the power to implement such a treaty through …
Strengthening Demand For The Rule Of Law In Post-Conflict Societies, Jane E. Stromseth
Strengthening Demand For The Rule Of Law In Post-Conflict Societies, Jane E. Stromseth
Georgetown Law Faculty Publications and Other Works
Building the rule of law in the wake of military conflict has proven to be a complex and formidable challenge in countries as diverse as Iraq, Afghanistan, Timor-Leste, and Sierra Leone. It has become clear in these and other situations that strengthening the rule of law is not simply a matter of building institutions-courts, legislatures, and so forth-or enacting better laws. The rule of law also depends crucially on building public trust and confidence in those institutions. Or, to put it another way, strengthening the rule of law is not only a question of the supply side of institutions, but …