Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Adjudication (2)
- Climate change (2)
- International dispute resolution (2)
- International law (2)
- Mediation (2)
-
- Antitrust (1)
- Arbitration (1)
- Carbon markets (1)
- Community growth (1)
- Community planning (1)
- Detainees (1)
- Dispute settlement (1)
- Environmental compliance markets (1)
- Environmental law (1)
- Geneva Conventions (1)
- Gresham's law (1)
- Guantanamo (1)
- Hamdan (1)
- Human rights (1)
- International convergence (1)
- International courts (1)
- Justiciability (1)
- Land use (1)
- Medellin (1)
- Military tribunals (1)
- President Bush (1)
- President Obama (1)
- Procedural fairness (1)
- Self-executing treaties (1)
- United States Supreme Court (1)
Articles 1 - 7 of 7
Full-Text Articles in Law
Community Growth And Land Use, Susan Kelly
Winter 2011 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law
Winter 2011 Utton Center Newsletter, Utton Center, University Of New Mexico - School Of Law
Publications
No abstract provided.
An Unintended Casualty Of The War On Terror, Aya Gruber
An Unintended Casualty Of The War On Terror, Aya Gruber
Publications
As the dust of the Bush administration's war on terror settles, casualties are starting to appear on the legal battlefield. The United States' human rights reputation and the Supreme Court's international influence lay wounded in the wake of U.S. policies that flouted international law by advocating torture, suborning indefinite detention, and erecting irregular tribunals. Through declining citation, the courts of the world are telling the Supreme Court that if it does not respect international and foreign law, international and foreign courts will not respect it. Some might object that the Supreme Court should not be lumped with the Bush administration …
Examining The International Judicial Function: International Courts As Dispute Resolvers, Anna Spain
Examining The International Judicial Function: International Courts As Dispute Resolvers, Anna Spain
Publications
This article examines the judicial function of international courts by considering both what it is and what it ought to be. The article identifies and describes two distinct functions - dispute settlement and peace promotion - and explores the tensions that exist in pursuing these two aims. It then introduces a third way of understanding the international judicial function that respects international courts’ traditional role as dispute settlers while allowing for their more engaged and proactive function as peacemakers. This third approach conceptualizes that the role of international courts is to resolve disputes. Doing so requires understanding courts as entities …
The Curious Case Of Greening In Carbon Markets, William Boyd, James Salzman
The Curious Case Of Greening In Carbon Markets, William Boyd, James Salzman
Publications
Over the last several years, so-called carbon markets have emerged around the world to facilitate trading in greenhouse gas credits. This Article takes a close look at an unexpected and unprecedented development in some of these markets--premium "green" currencies have emerged and, in some cases, displaced standard compliance currencies. Past experiences with other environmental compliance markets, such as the sulfur dioxide and wetlands mitigation markets, suggest the exact opposite should be occurring. Indeed, buyers in such markets should only be interested in buying compliance, not in the underlying environmental integrity of the compliance unit. In some of the compliance carbon …
Towards An International Dialogue On The Institutional Side Of Antitrust, Philip J. Weiser
Towards An International Dialogue On The Institutional Side Of Antitrust, Philip J. Weiser
Publications
The antitrust world is now globalized and interconnected, requiring ever-increasing awareness as to how different agencies operate. The need to promote convergence on substantive doctrines has received, and will continue to receive, considerable attention. What is less appreciated is the need to focus on institutional design and practice, particularly as to the promotion of transparency and procedural fairness in the conduct of antitrust investigations. This Essay makes the case for such a focus, explaining how one of the healthy aspects of a multijurisdictional world is that sister agencies can challenge one another and model means of improving our institutional practices. …
Beyond Adjudication: Resolving International Resource Disputes In An Era Of Climate Change, Anna Spain
Beyond Adjudication: Resolving International Resource Disputes In An Era Of Climate Change, Anna Spain
Publications
This Article examines the role of international adjudication as a mechanism for resolving international disputes and promoting global peace and security in an era of climate change. The central claim is that adjudication has limitations that make it ineffective as a tool for resolving international resource disputes. The Article argues that adjudication is limited due to source and process challenges and it illustrates this claim by reviewing cases adjudicated by the International Court of Justice, the Permanent Court of Arbitration and other international courts and tribunals. Four categories of adjudication limitation emerge: a) cases where the parties refused to submit …