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Articles 1 - 11 of 11
Full-Text Articles in Law
Constitutions, International Law, And The Settlement Function Of Law: A Schema For Further Reflection, Larry Alexander
Constitutions, International Law, And The Settlement Function Of Law: A Schema For Further Reflection, Larry Alexander
San Diego International Law Journal
Imagine a community living in a defined geographical area. Its members generally believe that their actions should be guided by moral norms, and they generally comply with those norms as they understand them. And, from our external vantage point, we believe that they are indeed subject to moral norms and should comply with them, both in dealing with each other and with those outside their community....
Role Expectations And State Socialization: Germany's Rediscovery Of The Use Of Force 1990–1995, Thorsten Spehn
Role Expectations And State Socialization: Germany's Rediscovery Of The Use Of Force 1990–1995, Thorsten Spehn
Electronic Theses and Dissertations
This dissertation engages the question of why German political elites accepted the use of force during the 1990s and started to commit the country's armed forces to multilateral peacekeeping missions. Previous governments of the Federal Republic had opposed foreign deployment of the military and Germany was characterized by a unique strategic culture in which the efficacy of military force was widely regarded as negative. The rediscovery of the use of force constituted a significant reorientation of German security policy with potentially profound implications for international relations.
I use social role theory to explain Germany's security policy reorientation. I argue that …
Historical Practice And The Contemporary Debate Over Customary International Law, Ernest A. Young
Historical Practice And The Contemporary Debate Over Customary International Law, Ernest A. Young
Faculty Scholarship
Response to: Anthony J. Bellia, Jr. & Bradford R. Clark, The Federal Common Law of Nations, 109 Colum. L. Rev. 1 (2009).
A.J. Bellia and Brad Clark have performed a valuable service for other scholars interested in foreign relations law and federal jurisdiction by collecting and illuminating—with their usual care and insight—the historical practice of both English and early American courts with respect to the law of nations. Their recent Article, The Federal Common Law of Nations, demonstrates that, while American courts have not generally treated customary international law (CIL) as supreme federal law, they have applied such law where …
Marten Zwanenburg On International Peacekeeping Edited By Boris Kondoch. Aldershot: Ashgate, 2007. 578pp., Marten Zwanenburg
Marten Zwanenburg On International Peacekeeping Edited By Boris Kondoch. Aldershot: Ashgate, 2007. 578pp., Marten Zwanenburg
Human Rights & Human Welfare
A review of:
International Peacekeeping edited by Boris Kondoch. Aldershot: Ashgate, 2007. 578pp.
David P. Forsythe On John Charvet And Elisa Kaczynska-Nay. The Liberal Project And Human Rights: The Theory And Practice Of A New World Order. New York, Ny: Cambridge University Press, 2008. 446pp., David P. Forsythe
Human Rights & Human Welfare
A review of:
John Charvet and Elisa Kaczynska-Nay. The Liberal Project and Human Rights: The Theory and Practice of a New World Order. New York, NY: Cambridge University Press, 2008. 446pp.
Soft Law As Delegation, Timothy Meyer
Soft Law As Delegation, Timothy Meyer
Faculty Scholarship
This article examines one of the most important trends in international legal governance since the end of the Second World War: the rise of "soft law," or legally non-binding instruments. Scholars studying the design of international agreements have long puzzled over why states use soft law. The decision to make an agreement or obligation legally binding is within the control of the states negotiating the content of the legal obligations. Basic contract theory predicts that parties to a contract would want their agreement to be as credible as possible, to ensure optimal incentives to perform. It is therefore odd that …
Are You Not Entertained - Is This Not Why You Are Here - U.S. Taxation Of Foreign Athletes And Entertainers, Stephen Taylor
Are You Not Entertained - Is This Not Why You Are Here - U.S. Taxation Of Foreign Athletes And Entertainers, Stephen Taylor
Jeffrey S. Moorad Sports Law Journal
No abstract provided.
Islands Of Effective International Adjudication: Constructing An Intellectual Property Rule Of Law In The Andean Community, Laurence R. Helfer, Karen J. Alter, M. Florencia Guerzovich
Islands Of Effective International Adjudication: Constructing An Intellectual Property Rule Of Law In The Andean Community, Laurence R. Helfer, Karen J. Alter, M. Florencia Guerzovich
Faculty Scholarship
The Andean Community - a forty-year-old regional integration pact of small developing countries in South America - is widely viewed as a failure. In this Article, we show that the Andean Community has in fact achieved remarkable success within one part of its legal system. The Andean Tribunal of Justice (ATJ) is the world's third most active international court, with over 1400 rulings issued to date. Over 90% of those rulings concern intellectual property (IP). The ATJ has helped to establish IP as a rule of law island in the Andean Community where national judges, administrative officials, and private parties …
The Andean Tribunal Of Justice And Its Interlocutors: Understanding Preliminary Reference Patterns In The Andean Community, Laurence R. Helfer, Karen J. Alter
The Andean Tribunal Of Justice And Its Interlocutors: Understanding Preliminary Reference Patterns In The Andean Community, Laurence R. Helfer, Karen J. Alter
Faculty Scholarship
In the European Union, national courts have been key intermediaries in helping to bolster and expand the authority of the European Court of Justice through its preliminary reference mechanism. This article analyzes the role of national judges in the Andean Community, a regional legal system whose judicial institution - the Andean Tribunal of Justice (ATJ) - was modeled directly on its European predecessor. Our analysis is based on an original coding of every publically available national court referral to the ATJ from 1987 to 2007 and interviews with over forty participants in the Andean legal system. We find that the …
Territory, Territoriality, And The Resolution Of Jurisdictional Conflict, Hannah L. Buxbaum
Territory, Territoriality, And The Resolution Of Jurisdictional Conflict, Hannah L. Buxbaum
Articles by Maurer Faculty
No abstract provided.
A Perspective Of Global Capitalism, James Soller
A Perspective Of Global Capitalism, James Soller
UNLV Theses, Dissertations, Professional Papers, and Capstones
Since the 1970s, the political-economic structure of global society has undergone drastic restructuring. International political economy is concerned with providing explanations for these changes. This thesis will provide an alternative view of international relations that is often marginalized in the mainstream literature. It will be argued that global society needs to be understood under the historical context of capitalism and the class relations that stem from it. Central to this argument is a Gramscian derived articulation of hegemony. Thus, hegemony will be conceptualized in this thesis as a transnational class that governs over global society through consent and coercion. While …