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Full-Text Articles in Law
Collective Data Rights And Their Possible Abuse, Asaf Lubin
Collective Data Rights And Their Possible Abuse, Asaf Lubin
Articles by Maurer Faculty
No abstract provided.
The Persecution Of Stones: War Crimes, Law's Autonomy And The Co-Optation Of Cultural Heritage, Timothy W. Waters
The Persecution Of Stones: War Crimes, Law's Autonomy And The Co-Optation Of Cultural Heritage, Timothy W. Waters
Articles by Maurer Faculty
In 1567, a bridge was built over a river in Bosnia-a bridge widely seen as a work of great beauty. In 1993, it was destroyed in a war. What did its destruction mean? Was it a crime-and which one? An assault on culture-and whose? Between 2004 and 2017, a trial held in The Hague sought to answer these questions. The way it did-the assumptions and categories the prosecutors and judges deployed, the choices they made-tells us something important about how law operates and how it appropriates other bodies of knowledge, whether in a now-obscure Balkan conflict or on the battlefields …
Constructing Citizenship Through War In The Human Rights Era, Timothy W. Waters
Constructing Citizenship Through War In The Human Rights Era, Timothy W. Waters
Articles by Maurer Faculty
War's historical relationship to the creation of territorial nation-states is well known, but what empirical and normative role does war play in creating the citizen in a modern democracy? Although contemporary theories of citizenship and human rights do not readily acknowledge a legitimate, generative function for war - as evidenced by restrictions on aggression, annexation of occupied territory, expulsions, denationalization, or derogation of fundamental rights - an empirical assessment of state practice, including the interpretation of international legal obligations, suggests that war plays a powerfully transformative role in the construction of citizenship, and that international law and norms implicitly accept …
Whither The Web?: International Law, Cybersecurity, And Critical Infrastructure Protection, David P. Fidler
Whither The Web?: International Law, Cybersecurity, And Critical Infrastructure Protection, David P. Fidler
Articles by Maurer Faculty
No abstract provided.
Comment Le Droit Des Gens Cessa D’Être Un Droit Politique: Le Droit International De John Marshall, Elisabeth Zoller
Comment Le Droit Des Gens Cessa D’Être Un Droit Politique: Le Droit International De John Marshall, Elisabeth Zoller
Articles by Maurer Faculty
No abstract provided.
The Limits Of Legality: Assessing Recent International Interventions In Civil Conflicts In The Middle-East, Feisal Amin Istrabadi
The Limits Of Legality: Assessing Recent International Interventions In Civil Conflicts In The Middle-East, Feisal Amin Istrabadi
Articles by Maurer Faculty
No abstract provided.
The Future Of Corporate Accountability For Violations Of Human Rights, Christiana Ochoa
The Future Of Corporate Accountability For Violations Of Human Rights, Christiana Ochoa
Articles by Maurer Faculty
No abstract provided.
Reclaiming International Law From Extraterritoriality, Austen L. Parrish
Reclaiming International Law From Extraterritoriality, Austen L. Parrish
Articles by Maurer Faculty
A fierce debate ensues among leading international law theorists that implicates the role of national courts in solving global challenges. On the one side are scholars who are critical of international law and its institutions. These scholars, often referred to as Sovereigntists, see international law as a threat to democratic sovereignty. On the other side are scholars who support international law as a key means of promoting human and environmental rights, as well as global peace and stability. These scholars are the 'new' Internationalists because they see non-traditional, non-state actors as appropriately enforcing international law at the sub-state level. The …
Challenging The Assumption Of Equality: The Due Process Rights Of Foreign Litigants In U.S. Courts (Panel), Austen L. Parrish, Paul R. Dubinsky
Challenging The Assumption Of Equality: The Due Process Rights Of Foreign Litigants In U.S. Courts (Panel), Austen L. Parrish, Paul R. Dubinsky
Articles by Maurer Faculty
No abstract provided.
Book Review. Vom Volkerrecht Zum Weltrecht By Angelika Emmerich-Fritsche, Jost Delbruck
Book Review. Vom Volkerrecht Zum Weltrecht By Angelika Emmerich-Fritsche, Jost Delbruck
Articles by Maurer Faculty
No abstract provided.
Climate Change, Adaptation, And Development, Daniel H. Cole
Climate Change, Adaptation, And Development, Daniel H. Cole
Articles by Maurer Faculty
Since the signing the Kyoto Protocol, the international community has focused a great deal of attention on measures designed to reduce emissions of greenhouse gases. Much less attention has been paid to climate change adaption. This is unfortunate because, even if the Kyoto Protocol is fully implemented, climate change will generate substantial costs requiring substantial adaptation efforts, especially in the less developed countries (LDCs) of the world's tropical regions.
This paper considers what those countries should be doing in preparation for the effects of climate change, and what the countries of the developed world, including the United States, can and …
The Un And The Responsibility To Practice Public Health, David P. Fidler
The Un And The Responsibility To Practice Public Health, David P. Fidler
Articles by Maurer Faculty
No abstract provided.
Disaster Relief And Governance After The Indian Ocean Tsunami: What Role For International Law?, David P. Fidler
Disaster Relief And Governance After The Indian Ocean Tsunami: What Role For International Law?, David P. Fidler
Articles by Maurer Faculty
The tsunami in the Indian Ocean at the end of 2004 has produced heightened scrutiny of how international disaster relief is supplied and governed. This scrutiny connects to arguments by the International Federation of Red Cross and Red Crescent Societies that more effective and efficient disaster relief requires the significant development of international law on disaster relief. This commentary analyses the historical and current relationship between international law and disaster relief and challenges the arguments that more international law on disaster relief is needed.
The Asian Century: Implications For International Law, David P. Fidler
The Asian Century: Implications For International Law, David P. Fidler
Articles by Maurer Faculty
Predictions that the 21st century will be the "Asian century" have sparked analytical interest from many disciplines but not international law. This article focuses on what implications "Asia rising" may have for international law in the 21st century. The article begins by looking at the 19th and 20th centuries as the European and American centuries respectively to assess the impact these centuries made on international law. The article then analyses possible meanings for an Asian century and frames such a century's implications for international law around the concept of a "Concert of Asia". The article argues that, through a "Concert …
From International Sanitary Conventions To Global Health Security: The New International Health Regulations, David P. Fidler
From International Sanitary Conventions To Global Health Security: The New International Health Regulations, David P. Fidler
Articles by Maurer Faculty
In May 2005, the World Health Organization adopted the new International Health Regulations (IHR), which constitute one of the most radical and far-reaching changes to international law on public health since the beginning of international health cooperation in the mid-nineteenth century. This article comprehensively analyses the new IHR by examining the history of international law on infectious disease control, the IHR revision process, the substantive changes contained in the new IHR and concerns regarding the future of the new IHR. The article demonstrates why the new IHR constitute a seminal event in the relationship between international law and public health …
The Meaning Of Moscow: "Non-Lethal" Weapons And International Law In The Early 21st Century, David P. Fidler
The Meaning Of Moscow: "Non-Lethal" Weapons And International Law In The Early 21st Century, David P. Fidler
Articles by Maurer Faculty
At the intersection of new weapon technologies and international humanitarian law, so-called "non-lethal" weapons have become an area of particular interest. This article analyses the relationship between "non-lethal" weapons and international law in the early 21st century by focusing on the most seminal incident to date in the short history of the "non-lethal" weapons debate, the use of an incapacitating chemical to end a terrorist attack on a Moscow theatre in October 2002. This tragic incident has shown that rapid technological change will continue to stress international law on the development and use of weaponry but in ways more politically …
Revolt Against Or From Within The West?: Twail, The Developing World, And The Future Direction Of International Law, David P. Fidler
Revolt Against Or From Within The West?: Twail, The Developing World, And The Future Direction Of International Law, David P. Fidler
Articles by Maurer Faculty
No abstract provided.
International Legal Perspectives On The Sept. 11 Attacks On The United States, David Fidler
International Legal Perspectives On The Sept. 11 Attacks On The United States, David Fidler
Articles by Maurer Faculty
No abstract provided.
The Return Of The Standard Of Civilization, David P. Fidler
The Return Of The Standard Of Civilization, David P. Fidler
Articles by Maurer Faculty
No abstract provided.
Book Review. Gostin On Public Health Law, David P. Fidler
Book Review. Gostin On Public Health Law, David P. Fidler
Articles by Maurer Faculty
No abstract provided.
"Geographical Morality" Revisited: International Relations, International Law, And The Controversy Over Placebo-Controlled Hiv Clinical Trials In Developing Countries, David P. Fidler
Articles by Maurer Faculty
No abstract provided.
From International Treaties To Internet Norms: The Evolution Of International Trademark Disputes In The Internet Age, Ajay K. Mehrotra, Marcelo Halpern
From International Treaties To Internet Norms: The Evolution Of International Trademark Disputes In The Internet Age, Ajay K. Mehrotra, Marcelo Halpern
Articles by Maurer Faculty
In today's dynamic, digital economy, there is a global clash between geographically bounded intellectual property rights and the limitless reach of the Internet. Traditionally, discrepancies in international intellectual property rights, such as trademark disputes, have been resolved through time-consuming, multilateral state-to-state treaty negotiations that have global harmonization as the primary goal.
With the explosion of e-commerce and the birth of a New Economy, however, such a traditional process is no longer economically viable. Instead, a new approach towards international intellectual property is fast emerging - one that rests not on treaties between multiple states, but on the private contracting of …
In Memoriam: Abram Chayes (1922-2000), Jost Delbruck
In Memoriam: Abram Chayes (1922-2000), Jost Delbruck
Articles by Maurer Faculty
No abstract provided.
The International Legal Implications Of "Non-Lethal" Weapons, David P. Fidler
The International Legal Implications Of "Non-Lethal" Weapons, David P. Fidler
Articles by Maurer Faculty
No abstract provided.
Constitutional Law, Common Market Law, And The European Human Rights Convention, Elisabeth Zoller
Constitutional Law, Common Market Law, And The European Human Rights Convention, Elisabeth Zoller
Articles by Maurer Faculty
No abstract provided.
In Memoriam: Professor Dr. Wilhelm A. Kewenig, Jost Delbruck
In Memoriam: Professor Dr. Wilhelm A. Kewenig, Jost Delbruck
Articles by Maurer Faculty
No abstract provided.
Teaching International Law In The Career Of A Law Academic, Mary Ellen O'Connell
Teaching International Law In The Career Of A Law Academic, Mary Ellen O'Connell
Articles by Maurer Faculty
No abstract provided.
Preparing Global Professionals, Alfred C. Aman
Preparing Global Professionals, Alfred C. Aman
Articles by Maurer Faculty
No abstract provided.
International Law And The Internationalized Contract, A. A. Fatouros
International Law And The Internationalized Contract, A. A. Fatouros
Articles by Maurer Faculty
No abstract provided.
In Memoriam: Eberhard Menzel, Jost Delbruck
In Memoriam: Eberhard Menzel, Jost Delbruck
Articles by Maurer Faculty
No abstract provided.