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Articles 1 - 11 of 11

Full-Text Articles in Law

Indian Givers: What Indigenous Peoples Have Contributed To International Human Rights Law, S. James Anaya Jan 2006

Indian Givers: What Indigenous Peoples Have Contributed To International Human Rights Law, S. James Anaya

Washington University Journal of Law & Policy

The remarks that follow summarize how the claims of indigenous peoples have not only taken advantage of changes in the character of international law but have also contributed to those changes, particularly in the area of human rights. These changes are beneficial not just for indigenous peoples themselves but the humanity more broadly. Part I describes the nature of disparate international legal arguments employed by indigenous peoples and how those arguments have tended toward a human rights discourse. Part II discusses specific ways in which the indigenous human rights discourse has contributed to the evolution of international human rights law.


Money Laundering And Legal Globalization: Where Does The United States Stand On This Issue?, Ellen S. Podgor Jan 2006

Money Laundering And Legal Globalization: Where Does The United States Stand On This Issue?, Ellen S. Podgor

Washington University Global Studies Law Review

In this book review, Ellen S. Podgor offers a review of Heba Sham, Legal Globalization: Money Laundering Law and Other Cases from the Sir Joseph Gold Memorial Series.


The Evolving Domestic And International Law Against Foreign Corruption: Some New And Old Dilemmas Facing The International Lawyer, Juscelino F. Colares Jan 2006

The Evolving Domestic And International Law Against Foreign Corruption: Some New And Old Dilemmas Facing The International Lawyer, Juscelino F. Colares

Washington University Global Studies Law Review

For over two decades, the Foreign Corrupt Practices Act (“FCPA”) and, more recently, the Organization for Economic Cooperation and Development Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (“OECD Convention”) have delineated to U.S. lawyers and their clients which international transactions are proscribed and punished as corrupt. However, like any other statute, the FCPA and the OECD Convention are unable to cover all the permutations of activity that would seemingly constitute transnational corruption. This Article explores what is prohibited and permissible under the FCPA and the OECD Convention, highlighting the tension between operating outside the ...


Do International Criminal Tribunals Deter Or Exacerbate Humanitarian Atrocities?, Julian Ku, Jide Nzelibe Jan 2006

Do International Criminal Tribunals Deter Or Exacerbate Humanitarian Atrocities?, Julian Ku, Jide Nzelibe

Washington University Law Review

Contemporary justifications for international criminal tribunals (ICTs), especially the permanent International Criminal Court, often stress the role of such tribunals in deterring future humanitarian atrocities. But hardly any academic commentary has attempted to explore in depth this deterrence rationale. This Article utilizes economic models of deterrence to analyze whether a potential perpetrator of humanitarian atrocities would likely be deterred by the risk of future prosecution by an ICT. According to the economic theory of deterrence, two factors—certainty and severity of punishment—are central to the reduction of crime after taking into account a particular individual's preference for risk ...


Finding Nemo... And Eating Him: The Failure Of The United Nations To Force Internalization Of The Negative Social Costs That Result From Overfishing, Ryan Cantrell Jan 2006

Finding Nemo... And Eating Him: The Failure Of The United Nations To Force Internalization Of The Negative Social Costs That Result From Overfishing, Ryan Cantrell

Washington University Global Studies Law Review

No abstract provided.


Can The President “Unsign” A Treaty? A Constitutional Inquiry, Luke A. Mclaurin Jan 2006

Can The President “Unsign” A Treaty? A Constitutional Inquiry, Luke A. Mclaurin

Washington University Law Review

No abstract provided.


Public Symbol In Private Contract: A Case Study, Anna Gelpern, Mitu Gulati Jan 2006

Public Symbol In Private Contract: A Case Study, Anna Gelpern, Mitu Gulati

Washington University Law Review

This Article revisits a recent shift in standard form sovereign bond contracts to promote collective action among creditors. Major press outlets welcomed the shift as a milestone in fighting financial crises that threatened the global economy. Officials said it was a triumph of market forces. We turned to it for insights into contract change and crisis management. This article is based on our work in the sovereign debt community, including over 100 interviews with investors, lawyers, economists, and government officials. Despite the publicity surrounding contract reform, in private few participants described the substantive change as an effective response to financial ...


Not Just A Few Bad Apples: The Prosecution Of Collective Violence, Damien S. Donnelly-Cole Jan 2006

Not Just A Few Bad Apples: The Prosecution Of Collective Violence, Damien S. Donnelly-Cole

Washington University Global Studies Law Review

No abstract provided.


Bombs Over Baghdad: Addressing Criminal Liability Of A U.S. President For Acts Of War, Matthew D. Campbell Jan 2006

Bombs Over Baghdad: Addressing Criminal Liability Of A U.S. President For Acts Of War, Matthew D. Campbell

Washington University Global Studies Law Review

No abstract provided.


Rethinking The Kyoto Protocol: Are There Legal Solutions To Global Warming And Climate Change?, Douglas R. Williams, Anita Halvorssen, J. Kevin Healy, William Pizer, Jacob Werksman Jan 2006

Rethinking The Kyoto Protocol: Are There Legal Solutions To Global Warming And Climate Change?, Douglas R. Williams, Anita Halvorssen, J. Kevin Healy, William Pizer, Jacob Werksman

Washington University Global Studies Law Review

These remarks by a panel of scholars address issues of climate change, as well as legal solutions to these problems. In particular is a focus on the Kyoto Protocol, an alliance of nation states dedicated to the reduction of harmful greenhouse gases.


Re-Shaping The “Monroe Doctrine”: United States Policy Concerns In Latin America Urgently Call For Ratification Of The International Criminal Court, Tom Madison Jan 2006

Re-Shaping The “Monroe Doctrine”: United States Policy Concerns In Latin America Urgently Call For Ratification Of The International Criminal Court, Tom Madison

Washington University Global Studies Law Review

No abstract provided.