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Full-Text Articles in Law
People Want A Say, Next, A Global Parliament, Andrew Strauss, Richard Falk
People Want A Say, Next, A Global Parliament, Andrew Strauss, Richard Falk
Andrew L. Strauss
No abstract provided.
Domesticating International Criminal Law: The German High Courts And Bosnian War Crimes, Russell Miller
Domesticating International Criminal Law: The German High Courts And Bosnian War Crimes, Russell Miller
Russell A. Miller
No abstract provided.
Judicial Activism At The World Trade Organization: Developing Principles Of Self-Restraint, J. Kelly
Judicial Activism At The World Trade Organization: Developing Principles Of Self-Restraint, J. Kelly
Patrick Kelly
The success of the international trade regime has created demands for international environmental policy, labor standards and other social regulatory policy to be incorporated into the WTO. This article examines the extent to which customary international legal norms should be incorporated into WTO jurisprudence and whether the Appellate Body ought to engage in creative interpretation of WTO norms when legislative development appear blocked. The article explores both the incorporation and creative interpretation debates by assessing them in light of three models of WTO decisionmaking: The Judicial Activist Model, the Contractualist Model, and the Legislative Model. The article adopts a contractualist …
Amici Curiae Urge The U.S. Supreme Court To Consider International Human Rights Law In Juvenile Death Penalty Case, Connie De La Vega
Amici Curiae Urge The U.S. Supreme Court To Consider International Human Rights Law In Juvenile Death Penalty Case, Connie De La Vega
Connie de la Vega
This article is an adaptation of an amici curiae brief filed in support of the petition for writ of certiorari in Beazley v. Johnson, 242 F.3d 248 (5th Cir. 2001), cert. denied, 534 U.S. 945 (2001), application of stay of execution denied, 533 U.S. 969 (2001). It asserts that the prohibition against the execution of persons who were under eighteen years of age at the commission of the crime is not only customary international law, it has attained the status of a jus cogens peremptory norm of international law which must be taken into account by the court. It also …
A Compliance-Based Theory Of International Law, Andrew T. Guzman
A Compliance-Based Theory Of International Law, Andrew T. Guzman
Andrew T Guzman
This Article examines international law from the perspective of compliance. It puts forward a theory of international law in which compliance comes about in a model of rational, self-interested states. International law can affect state behavior because states are concerned about the reputational and direct sanctions that follow its violation. The model allows us to consider international law in a new light. Most strikingly, one is forced to reconsider two of the most fundamental doctrinal points in the field-the definitions of customary international law (“CIL”) and of international law itself. A reputational model of compliance makes it clear that CIL …
The Cost Of Credibility: Explaining Resistance To Interstate Dispute Resolution Mechanisms, Andrew T. Guzman
The Cost Of Credibility: Explaining Resistance To Interstate Dispute Resolution Mechanisms, Andrew T. Guzman
Andrew T Guzman
This paper explains why the use of mandatory dispute resolution clauses is the exception rather than the rule in international agreements. On one hand, these clauses increase the sanction for violation of the agreement and thereby increase the probability that the parties will comply. On the other hand, dispute resolution clauses impose a loss on the parties when violations occur. States, therefore, must balance the credibility and compliance benefits of a mandatory dispute resolution provision against the joint costs imposed by those provisions in the event of a violation. The paper develops a series of predictive and normative results based …