Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- University of Michigan Law School (53)
- Duke Law (32)
- Georgetown University Law Center (17)
- University of Colorado Law School (14)
- University of Georgia School of Law (12)
-
- University of Pittsburgh School of Law (9)
- American University Washington College of Law (8)
- Columbia Law School (8)
- University of Pennsylvania Carey Law School (7)
- Pace University (5)
- Cleveland State University (4)
- University of Washington School of Law (3)
- Boston University School of Law (2)
- Maurer School of Law: Indiana University (2)
- Northwestern Pritzker School of Law (2)
- Notre Dame Law School (2)
- St. John's University School of Law (2)
- University at Buffalo School of Law (2)
- University of Arkansas at Little Rock William H. Bowen School of Law (2)
- University of Miami Law School (2)
- University of Missouri School of Law (2)
- University of Richmond (2)
- William & Mary Law School (2)
- Cornell University Law School (1)
- Florida State University College of Law (1)
- Golden Gate University School of Law (1)
- Mitchell Hamline School of Law (1)
- Schulich School of Law, Dalhousie University (1)
- Texas A&M University School of Law (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- Publication Year
- Publication
-
- Articles (57)
- Faculty Scholarship (38)
- Georgetown Law Faculty Publications and Other Works (17)
- Scholarly Works (11)
- Publications (9)
-
- Columbia Center on Sustainable Investment Staff Publications (8)
- All Faculty Scholarship (7)
- Articles in Law Reviews & Other Academic Journals (7)
- Book Chapters (6)
- Faculty Publications (6)
- Elisabeth Haub School of Law Faculty Publications (4)
- Journal Articles (4)
- Law Faculty Articles and Essays (4)
- Articles by Maurer Faculty (2)
- Drafting Model Laws on Indoor Pollution for Developing and Developed Nations (July 12-13) (2)
- Faculty Working Papers (2)
- Law Faculty Publications (2)
- Law Librarian Scholarship (2)
- Other Publications (2)
- Articles in Law Reviews & Journals (1)
- Articles, Book Chapters, & Popular Press (1)
- Cornell Law Faculty Publications (1)
- External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16) (1)
- Faculty Articles and Other Publications (1)
- Free, Prior and Informed Consent: Pathways for a New Millennium (November 1) (1)
- LLM Theses and Essays (1)
- New Challenges for Environmental Protection: Second Sino-American Conference on Environmental Law (October 12-13) (1)
- Pace International Law Review Online Companion (1)
- Presentations and Speeches (1)
- Proceedings of the Sino-American Conference on Environmental Law (August 16) (1)
Articles 181 - 204 of 204
Full-Text Articles in Law
A Treaty Is A Treaty Is A Treaty, Malvina Halberstam
Global Warming: A Comprehensive Approach, Lakshman Guruswamy
Global Warming: A Comprehensive Approach, Lakshman Guruswamy
Publications
No abstract provided.
A True Comprehensive Approach, Lakshman Guruswamy
Treaty-Based Rights And Remedies Of Individuals, Carlos Manuel Vázquez
Treaty-Based Rights And Remedies Of Individuals, Carlos Manuel Vázquez
Georgetown Law Faculty Publications and Other Works
Treaties are frequently described as contracts between nations. As instruments of international law, they establish obligations with which international law requires the parties to comply. In the United States, treaties also have the status of law in the domestic legal system. The Supremacy Clause declares treaties to be the "supreme Law of the Land" and instructs the courts to give them effect. The status of treaties as law in two distinct legal orders has given rise to unusual conceptual problems. In recent years, it has produced confusion among the courts regarding the enforceability of treaties in the courts by individuals. …
The Japanese International Law 'Revolution': International Human Rights Law And Its Impact In Japan, Kenneth L. Port
The Japanese International Law 'Revolution': International Human Rights Law And Its Impact In Japan, Kenneth L. Port
Faculty Scholarship
Some observers have argued that because of a lack of enforcement powers, international law has relatively little impact on the conduct of nations and, in fact, may not be "law" at all. Others have inquired whether legal norms which underlie international human rights law have any influence on the domestic law of signatory nations. This article argues that international law can profoundly influence the development of the domestic laws of nations regardless of the lack of coercive enforcement powers. This point becomes clear through a consideration of Japan's experience in adopting and internalizing international law norms.
Enforcement Of Foreign Money-Judgments In The United States: In Search Of Uniformity And International Acceptance, Ronald A. Brand
Enforcement Of Foreign Money-Judgments In The United States: In Search Of Uniformity And International Acceptance, Ronald A. Brand
Articles
When international trade and investment increase, so does the need for satisfactory means of dispute resolution. Dispute resolution in national courts requires that litigants consider not only the likelihood of a favorable judgment but also the ability to collect on that judgment. In cases where the defendant’s assets lie in another jurisdiction, collection is possible only if the second jurisdiction will recognize the first jurisdiction’s judgment.
In the international arena, enforcement of United State judgments overseas is often possible only if the United States court rendering the judgment would enforce a similar decision of the foreign enforcing court. This reciprocity …
International Environmental Issues [Outline], Zheng-Kang Cheng, Daniel Magraw
International Environmental Issues [Outline], Zheng-Kang Cheng, Daniel Magraw
New Challenges for Environmental Protection: Second Sino-American Conference on Environmental Law (October 12-13)
2 pages.
Indian Consent To American Government, Richard B. Collins
Indian Consent To American Government, Richard B. Collins
Publications
No abstract provided.
The U.S. - U.S.S.R. Agreement To Protect The Environment: 15 Years Of Cooperation, Nicholas A. Robinson
The U.S. - U.S.S.R. Agreement To Protect The Environment: 15 Years Of Cooperation, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
This Article will discuss the origins and operation of the Environmental Bilateral, its functioning in international law, and its contribution to environmental law in each country.
International Law And The Environment, Daniel Barstow Magraw
International Law And The Environment, Daniel Barstow Magraw
Proceedings of the Sino-American Conference on Environmental Law (August 16)
18 pages.
Contains 3 pages of references.
Human Rights And The Administration Of Justice In Chile: Report Of A Delegation Of The Association Of The Bar Of The City Of New York And The International Bar Association, William D. Zabel, Diane Orentlicher, David E. Nachman
Human Rights And The Administration Of Justice In Chile: Report Of A Delegation Of The Association Of The Bar Of The City Of New York And The International Bar Association, William D. Zabel, Diane Orentlicher, David E. Nachman
Articles in Law Reviews & Other Academic Journals
No abstract provided.
Agenda: External Development Affecting The National Parks: Preserving "The Best Idea We Ever Had", University Of Colorado Boulder. Natural Resources Law Center
Agenda: External Development Affecting The National Parks: Preserving "The Best Idea We Ever Had", University Of Colorado Boulder. Natural Resources Law Center
External Development Affecting the National Parks: Preserving "The Best Idea We Ever Had" (September 14-16)
Conference organizers and/or faculty included University of Colorado School of Law professors Lawrence J. MacDonnell and Daniel Magraw.
The conference will be held at the Aspen Lodge, adjacent to Rocky Mountain National Park near Estes Park, Colorado.
It was Wallace Stegner who called the national parks "the best idea we ever had." The continuing increases in usage attest to their popularity. National parks are created to preserve areas of special scenic and cultural value for enjoyment and use. Managing the parks in a manner that protects the important values and purposes for which they were created presents important and difficult …
Application Of International Human Rights Law In State And Federal Courts, Stephen A. Rosenbaum, Kathryn Burke, Sandra Coliver, Connie De La Vega
Application Of International Human Rights Law In State And Federal Courts, Stephen A. Rosenbaum, Kathryn Burke, Sandra Coliver, Connie De La Vega
Publications
This article provides a substantive discussion of international human rights law and how it can be used in federal and state courts to protect human rights within and outside the United States. It provides a comprehensive analysis of cases and examples of possible areas in which international human rights standards may be used to interpret United States laws. Specifically, the article seeks to promote more extensive use of international human rights laws by United States lawyers.
State and federal courts have traditionally used international law for the application and enforcement of treaties to which the United States has been a …
Executive Agreements And The Bypassing Of Congress, Joseph P. Tomain
Executive Agreements And The Bypassing Of Congress, Joseph P. Tomain
Faculty Articles and Other Publications
The Transmittal Act has revealed a thorny issue for United States constitutional law. Specifically, the Act seeks to obviate those instances in which the Executive Branch attempts to abrogate fully the Legislature's role in foreign policy. The Constitution requires that all treaties be ratified by the Senate. Nevertheless, the Executive, simply by calling an international agreement a different name, may effectively bypass Congress. The Transmittal Act was not intended to resolve fundamental questions relating to the treaty making power of the Senate or Executive authority to enter into binding agreements with foreign countries without the consent of Congress. It was …
When Smoke Gets In Your Eyes: Proposed Ratification By The United States Of The Geneva Protocol On Chemical-Biological Warfare, Linda C. Fentiman
When Smoke Gets In Your Eyes: Proposed Ratification By The United States Of The Geneva Protocol On Chemical-Biological Warfare, Linda C. Fentiman
Elisabeth Haub School of Law Faculty Publications
In light of the Japanese proposal, the current disarmament talks, the Administration's review of the United States' chemical warfare policy, the Defense Department's request for appropriations for production of binary weapons, and the as yet unratified Convention on Bacteriological Weapons and Toxins, it seems more important than ever for the Senate to give its advice and consent to the ratification of the Geneva Protocol. Since the dispute between the Administration and the Senate Foreign Relations Committee is over the interpretation of the scope of the Protocol's chemical warfare prohibition, it seems particularly appropriate at this time to determine whether or …
Book Review. The People's Republic Of China And The Law Of Treaties By Hung-Dah Chiu, Bryant G. Garth
Book Review. The People's Republic Of China And The Law Of Treaties By Hung-Dah Chiu, Bryant G. Garth
Articles by Maurer Faculty
No abstract provided.
Consular Officer's Amenability As Witness, Stephen J. Werber
Consular Officer's Amenability As Witness, Stephen J. Werber
Law Faculty Articles and Essays
The purpose of this paper is to examine various treaty provisions in an effort to ascertain the manner in which a consular officer's obligation to testify is set forth, the immunities given such an officer and some of the problems raised by both the obligation and the immunities.
Treaties As A Source Of General Rules Of International Law, Anthony D'Amato
Treaties As A Source Of General Rules Of International Law, Anthony D'Amato
Faculty Working Papers
Attempts a theoretical explanation of the power of treaties to extend their rules to nations not parties to them—to rationalize, in a nonpejorative use of that term, the Court's citation of the Bancroft treaties in Nottebohm and its use of treaty provisions in other cases—and to provide a basis for the continued use of the contents of treaties in assessing the requirements of international law. Thus this paper is basically argumentative—it attempts to state what the law ought to be by demonstrating that the law as it is logically compels the adoption of the present thesis
Treaties And Executive Agreements: Historical Development And Constitutional Interpretation, Wencelas J. Wagner
Treaties And Executive Agreements: Historical Development And Constitutional Interpretation, Wencelas J. Wagner
Articles by Maurer Faculty
The recent proposal to amend the Constitution known as the Bricker Amendment concerns a most vital matter for the nation: its relations with foreign states.
In order to estimate the merits and demerits of the Bricker Amendment it is necessary to get acquainted with the historical development and the constitutional interpretation in the field of international arrangements of the United States. The present observations aim at the presentation of this matter down to the Bricker Amendment. The Amendment itself and the discussion it aroused should be treated in a separate article.
The Execution Of Peace With Germany: An Experiment In International Organization, Edwin D. Dickinson
The Execution Of Peace With Germany: An Experiment In International Organization, Edwin D. Dickinson
Articles
IN one respect, at least, the Peace of Versailles is unlike any of the great European settlements of earlier date. The provisions included to ensure the execution of its terms are vastly more ambitious in scope and more elaborate in detail than anything of the kind contained in earlier treaties. There is an extraordinary emphasis upon organization for the enforcement of peace.
The Power Of The Senate To Amend A Treaty, Bradley M. Thompson
The Power Of The Senate To Amend A Treaty, Bradley M. Thompson
Articles
The recent refusal of the Senate to ratify eight general arbitration treaties which the President had concluded with Austria-Hungary, Switzerland, Great Britain, France, Portugal, Germany, Mexico,' and Norway and Sweden, until, against the protest of the President, it had modified them materially by amendment, has called public attention to the treaty-making power, and has raised the question as to whether or not any of that power is vested in the Senate.
The Power Of The Senate To Amend A Treaty, Bradley M. Thompson
The Power Of The Senate To Amend A Treaty, Bradley M. Thompson
Articles
The recent refusal of the Senate to ratify eight general arbitration treaties which the President had concluded with Austria-Hungary, Switzerland, Great Britain, France, Portugal, Germany, Mexico, and Norway and Sweden, until, against the protest of the President, it had modified them materially by amendment, has called public attention to the treaty-making power, and has raised the question as to whether or not any of that power is vested in the Senate.
International Extradition, Henry W. Rogers
International Extradition, Henry W. Rogers
Articles
It is a well-established principle of law that criminal prosecutions are local and not transitory. A wrong-doer whose wrong consists in a civil injury, or arises out of a breach of contract, can ordinarily be required to answer for the wrong done wherever he may be found. But a different principle is applied to the case of one who has committed a crime. As one nation does not enforce the penal laws of another, and as the process of the courts of a state can confer no authority beyond its own territorial limits, punishment can be avoided by escaping from …
Extradition, Thomas M. Cooley
Extradition, Thomas M. Cooley
Articles
The policy of returning for trial and punishment the criminal of one country who has escaped to another, is not less manifest than its justice. It would seem, therefore, that there ought to be no great difficulty in agreeing upon the proper international regulations for the purpose. This, ho:wever, has until recently been practically an impossibility. While the leading nations of Christendom were engaged for a very large proportion of the time in inflicting upon each other all the mischief possible, it was not to be expected that they would be solicitous to assist in the enforcement of their respective …