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Articles 1 - 10 of 10
Full-Text Articles in Law
River Management In The Twenty-First Century: The Vision Thing, A. Dan Tarlock
River Management In The Twenty-First Century: The Vision Thing, A. Dan Tarlock
Dams: Water and Power in the New West (Summer Conference, June 2-4)
12 pages.
Contains references.
International Law In The Nigerian Legal System, Christian N. Okeke
International Law In The Nigerian Legal System, Christian N. Okeke
Publications
The central argument of this paper is that the character of a nation's system of law is inextricably connected with its socio-economic, cultural, religious and political make-up. To understand the attitude of a nation towards other nations, one must not be ignorant of the laws through which that nation gives expression to its sense of justice and regulates its structure. Furthermore, one must bear in mind that each system of law has different concepts through which its law is expressed, language through which it is explained, categories by which it is organized, and legal rules which themselves embody the law …
Regulating The Use Of Force In The 21st Century: The Continuing Importance Of State Autonomy, Mary Ellen O'Connell
Regulating The Use Of Force In The 21st Century: The Continuing Importance Of State Autonomy, Mary Ellen O'Connell
Journal Articles
The most important, and certainly the most ambitious, modification of international law in this century has been the outlawing of the use of force to settle international disputes. The definitive prohibition on the use of force came with the adoption of the United Nations Charter and, in particular, Charter article 2(4).
For a short while, from 1991 until 1994, it appeared that a majority of Security Council members had re-interpreted the Charter's order of priorities. To some, it seemed that the Council had placed such values as human rights, self-determination, and even democracy above the value of peace through respect …
Discovery In International Legal Developments Year In Review: 1996, Christopher J. Borgen
Discovery In International Legal Developments Year In Review: 1996, Christopher J. Borgen
Faculty Publications
American procedure regarding international discovery stems from 28 U.S.C. §§ 1781-83, and Federal Rule of Civil Procedure (FRCP or Rule) 28(b). Broadly speaking, these rules are concerned with the mechanics of assessing requests for discovery in the United States to assist a proceeding in a foreign country and attempts by one or more parties before a U.S. court to obtain evidence located in another country. This article serves as a brief review of developments during the year.
Jurisdiction, Definition Of Crimes, And Triggering Mechanisms, Christopher L. Blakesley
Jurisdiction, Definition Of Crimes, And Triggering Mechanisms, Christopher L. Blakesley
Scholarly Works
The opportunity to create an international court that provides fair, equitable, and efficient justice is rare and important. It requires expertise in comparative and international law. Problems are serious, however. Failure to address the formidable problems could cause the Court to run a risk of failure that could be disastrous for international law, for the victims of the horrors that have occurred and that will occur, and for the world. Failure could come in at least two forms: (1) the Court could merely be a conduit for retribution after a pro-forma kangaroo court or (2) it will not have sufficient …
What Price Peace: From Nuremberg To Bosnia To The Nobel Peace Prize, Malvina Halberstam
What Price Peace: From Nuremberg To Bosnia To The Nobel Peace Prize, Malvina Halberstam
Articles
No abstract provided.
Customary International Law As Federal Common Law: A Critique Of The Modern Position, Curtis A. Bradley, Jack L. Goldsmith
Customary International Law As Federal Common Law: A Critique Of The Modern Position, Curtis A. Bradley, Jack L. Goldsmith
Faculty Scholarship
In the last twenty years, a consensus has developed among courts and scholars that customary international law has the status of federal common law. We label this consensus the "modern position." Courts have endorsed the modern position primarily to support their conclusion that international human rights lawsuits between aliens "arise under" the laws of the United States for purposes of Article III of the Constitution. Scholars have pushed the consequences of the modern position further by arguing that customary international law preempts inconsistent state law under the Supremacy Clause, binds the President under the Take Care Clause, and even supersedes …
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.
A Grotian Tradition Of Theory And Practice: Grotius, Law, And Moral Skepticism In The Thought Of Hedley Bull, Benedict Kingsbury
A Grotian Tradition Of Theory And Practice: Grotius, Law, And Moral Skepticism In The Thought Of Hedley Bull, Benedict Kingsbury
Faculty Scholarship
No abstract provided.
The Current Illegitimacy Of International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith
The Current Illegitimacy Of International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith
Faculty Scholarship
No abstract provided.