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Articles 1 - 15 of 15

Full-Text Articles in Law

Medellin, Delegation And Conflicts (Of Law), Peter B. Rutledge Oct 2009

Medellin, Delegation And Conflicts (Of Law), Peter B. Rutledge

Scholarly Works

The case of Medellin v. Texas presented the Supreme Court with a recurring question that has bedeviled judges, legal scholars, and political scientists-what effect, if any, must a United States court give to the decision of an international tribunal, particularly where, during the relevant time, the United States was party to a treaty protocol that bound it to that tribunal's judgments. While the Supreme Court held that the International Court of Justice's ("ICJ") decision was not enforceable federal law, its decision reflected an important recognition that the issues presented in that case were not limited to the specific area of …


Theorizing Transnational Law - Observations On A Birthday, Susanne Baer Oct 2009

Theorizing Transnational Law - Observations On A Birthday, Susanne Baer

Articles

There are many ways to theorize transnational law. As always, there is a mainstream, and there are “sidestreams.” However, it may be more interesting to consider from which direction such theories develop. Here, in appreciation of what the German Law Journal did to transnational legal conversations, I suggest to consider three directions in transnational legal studies: (1) theorizing from above; (2) theorizing from below; and (3) theorizing from inside. As you will see, much of the theories are in the German Law Journal (GLJ).


Introductory Note To The Optional Protocol To The International Covenant On Economic, Social And Cultural Rights, Tara J. Melish Apr 2009

Introductory Note To The Optional Protocol To The International Covenant On Economic, Social And Cultural Rights, Tara J. Melish

Journal Articles

This Introductory Note to the publication in ILM of the newly-adopted Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-ICESCR) seeks to put the primary source document in proper context by briefly explaining its history, content, and significance in international law. The Note is accompanied by the text of the OP-ICESCR, adopted by the U.N. General Assembly on December 10, 2008 to commemorate the 60th anniversary of the Universal Declaration of Human Rights. The OP creates an individual complaints procedure for alleged violations of the ICESCR, rectifying a thirty year asymmetry in human rights treaty law.


The Future Of Law And Development: Investment Treaty Abritration And Law & Development, Susan D. Franck Jan 2009

The Future Of Law And Development: Investment Treaty Abritration And Law & Development, Susan D. Franck

Scholarly Articles

None available.


What The Boomerang Misses: Pursuing International Film Co-Production Treaties And Strategies, Brian Yecies Jan 2009

What The Boomerang Misses: Pursuing International Film Co-Production Treaties And Strategies, Brian Yecies

Faculty of Law, Humanities and the Arts - Papers (Archive)

This paper illustrates some of the dynamic ways that members of the Korean, Australian, New Zealand and Chinese creative and cultural industries have engaged with international instruments such as co-production treaties. Strategies, benefits returned and lost costs, that is, sacrifices that are made in the process of producing a film or digital media program in more than one country, and/or with an international team are investigated to reveal how creators are engaging with the demands of different governments' policies. It is hoped that this paper and the larger research project to which it is attached will assist scholars, creative and …


An Economic Justification For Open Access To Essential Medicine Patents In Developing Countries, Sean Flynn, Aidan Hollis, Mike Palmedo Jan 2009

An Economic Justification For Open Access To Essential Medicine Patents In Developing Countries, Sean Flynn, Aidan Hollis, Mike Palmedo

Articles in Law Reviews & Other Academic Journals

This paper offers an economic rationale for compulsory licensing of needed medicines in developing countries. The patent system is based on a trade-off between the “deadweight losses” caused by market power and the incentive to innovate created by increased profits from monopoly pricing during the period of the patent. However, markets for essential medicines under patent in developing countries with high income inequality are characterized by highly convex demand curves, producing large deadweight losses relative to potential profits when monopoly firms exercise profit-maximizing pricing strategies. As a result, these markets are systematically ill-suited to exclusive marketing rights, a problem which …


International Human Rights In A Nutshell, Thomas Buergenthal, Dinah L. Shelton, David P. Stewart Jan 2009

International Human Rights In A Nutshell, Thomas Buergenthal, Dinah L. Shelton, David P. Stewart

GW Law Faculty Publications & Other Works

This book describes the development of international human rights law. The main difference today is that individuals receive protection as individuals independent from their affiliation with a nation, as compared to the traditional consideration that only states had rights under international law. The law of humanitarian intervention first suggested that states do not receive unlimited discretion in their behavior under international law. The first chapter describes the earliest treaties and agreements giving rise to the current status of international law, such as the League of Nations and the International Labor Organization.


Treaties And The Separation Of Powers In The United States: A Reassessment After Medellin V. Texas, Ronald A. Brand Jan 2009

Treaties And The Separation Of Powers In The United States: A Reassessment After Medellin V. Texas, Ronald A. Brand

Articles

This article considers Chief Justice Roberts' majority opinion in the case of Medellin v. Texas. Like much of the commentary on this case, the article considers the international law implications of the opinion and its consideration of the doctrine of self-executing treaties. The primary focus here, however, consistent with the symposium in which this paper was presented, is on the opinion's implications for the separation of powers and for federalism. While the opinion's discussion of international law and treaty implementation can be considered dicta, the separation of powers and federalism portions may be seen as more directly necessary to …


Maritime Delimitation In The Black Sea (Romania V. Ukraine), Coalter G. Lathrop Jan 2009

Maritime Delimitation In The Black Sea (Romania V. Ukraine), Coalter G. Lathrop

Faculty Scholarship

No abstract provided.


Unpacking The State’S Reputation, Rachel Brewster Jan 2009

Unpacking The State’S Reputation, Rachel Brewster

Faculty Scholarship

International law scholars debate when international law matters to states, how it matters, and whether we can improve compliance. One of the few areas of agreement is that fairly robust levels of compliance can be achieved by tapping into states’ concerns with their reputation. The logic is intuitively appealing: a state that violates international law develops a bad reputation, which leads other states to exclude the violator from future cooperative opportunities. Anticipating a loss of future gains, states will often comply with international rules that are not in their immediate interests. The level of compliance that reputation can sustain depends, …


Treaties As "Part Of Our Law", Ernest A. Young Jan 2009

Treaties As "Part Of Our Law", Ernest A. Young

Faculty Scholarship

No abstract provided.


The Duty To Rescue Space Tourists And Return Private Spacecraft, Mark J. Sundahl Jan 2009

The Duty To Rescue Space Tourists And Return Private Spacecraft, Mark J. Sundahl

Law Faculty Articles and Essays

International space law has long imposed a duty to rescue astronauts and return errant spacecraft to the launching state. However, the existing space law treaties contain a number of gaps and interpretational problems that, among other things, call into question whether the duty to rescue and return applies to space tourists and spacecraft owned by private companies. These issues are of critical importance to the survival of the new space tourism industry, which is made up of a growing number of companies - such as Virgin Galactic, Rocketplane, and Blue Origin - that intend to launch their maiden flights in …


Less Than Zero?, Carlos Manuel Vázquez Jan 2009

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 …


The Limits Of Administrative Guidance In The Interpretation Of Tax Treaties, Michael Kirsch Jan 2009

The Limits Of Administrative Guidance In The Interpretation Of Tax Treaties, Michael Kirsch

Journal Articles

This Article addresses the increasingly important role of administrative guidance in interpreting the United States' international treaty obligations. The relationship between administrative guidance and treaties raises important issues at the intersection of international law, constitutional law, and administrative law. These issues are explored in the context of the United States' extensive tax treaty network. Tax treaties play an important role in a global economy, attempting to reconcile the complex and ever-changing internal tax laws of different countries. The Treasury Department is considering the increased use of administrative guidance to interpret the meaning and application of tax treaties, particularly in response …


Missouri V. Holland’S Second Holding, Carlos Manuel Vázquez Jan 2009

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 …