Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Selected Works (285)
- SelectedWorks (153)
- Maurer School of Law: Indiana University (55)
- Penn State Law (31)
- U.S. Naval War College (30)
-
- Golden Gate University School of Law (28)
- University of Georgia School of Law (27)
- University of Maryland Francis King Carey School of Law (24)
- Nova Southeastern University (23)
- American University Washington College of Law (22)
- University of the Pacific (21)
- Columbia Law School (20)
- Villanova University Charles Widger School of Law (19)
- Georgetown University Law Center (18)
- Pepperdine University (18)
- UC Law SF (18)
- Case Western Reserve University School of Law (16)
- Northwestern Pritzker School of Law (16)
- University of San Diego (16)
- University of Michigan Law School (15)
- Vanderbilt University Law School (15)
- University at Buffalo School of Law (14)
- University of Richmond (14)
- Cleveland State University (13)
- Duke Law (13)
- Pace University (13)
- William & Mary Law School (13)
- University of South Carolina (12)
- Boston University School of Law (11)
- University of Baltimore Law (11)
- Keyword
-
- International Law (182)
- International law (109)
- Human rights (81)
- Human Rights Law (55)
- Terrorism (40)
-
- Law of Armed Conflict (31)
- Comparative and Foreign Law (29)
- Use of Force (29)
- International Criminal Court (26)
- Treaties (25)
- International Trade (24)
- Law (24)
- Operational Law (24)
- United Nations (24)
- Cyber Law (23)
- Human Rights (23)
- Jurisdiction (23)
- Constitutional law (22)
- Globalization (22)
- International (22)
- Law of Neutrality (21)
- Constitutional Law (19)
- International Humanitarian Law (17)
- International criminal law (16)
- Weapons Law (16)
- Alien Tort Statute (15)
- European Union (15)
- ICC (15)
- Law and Economics (15)
- Law and Society (15)
- Publication
-
- Faculty Scholarship (51)
- Indiana Journal of Global Legal Studies (39)
- International Law Studies (30)
- James T Gathii (29)
- Penn State Journal of Law & International Affairs (29)
-
- Mary Ellen O'Connell (24)
- ILSA Journal of International & Comparative Law (23)
- Mark A. Drumbl (22)
- Faculty Publications (20)
- Georgia Journal of International & Comparative Law (17)
- Global Business & Development Law Journal (17)
- UC Law SF International Law Review (16)
- Villanova Law Review (16)
- Fulbright Symposium (15)
- Maryland Journal of International Law (15)
- Georgetown Law Faculty Publications and Other Works (14)
- Northwestern Journal of Human Rights (14)
- Articles (13)
- Articles in Law Reviews & Other Academic Journals (11)
- Douglass Cassel (11)
- San Diego International Law Journal (11)
- Scholarly Works (11)
- South Carolina Journal of International Law and Business (11)
- Articles by Maurer Faculty (10)
- Columbia Center on Sustainable Investment Staff Publications (10)
- Law Faculty Publications (10)
- Pepperdine Law Review (10)
- Publications (10)
- Vanderbilt Journal of Transnational Law (10)
- War Crimes Memoranda (10)
- Publication Type
Articles 61 - 90 of 1222
Full-Text Articles in Law
Editorial, Christian N. Okeke
Editorial, Christian N. Okeke
Annual Survey of International & Comparative Law
No abstract provided.
Table Of Contents
Annual Survey of International & Comparative Law
No abstract provided.
Keynote Address, Towards A Pluralist Approach To Global Justice Theory, Frank Garcia
Keynote Address, Towards A Pluralist Approach To Global Justice Theory, Frank Garcia
Frank J. Garcia
No abstract provided.
2012-13 Jlia Masthead
Penn State Journal of Law & International Affairs
No abstract provided.
Protecting Shareholders From Themselves: How The United Kingdom’S 2011 Takeover Code Amendments Hit Their Mark, Matthew Peetz
Protecting Shareholders From Themselves: How The United Kingdom’S 2011 Takeover Code Amendments Hit Their Mark, Matthew Peetz
Penn State Journal of Law & International Affairs
Kraft’s takeover of Cadbury in 2011 caused considerable uproar in the United Kingdom. The political outcry caused significant amendments to the United Kingdom’s regulatory framework over mergers and acquisitions, the so-called, Takeover Code. These changes to the Takeover Code were made to help relieve pressure on target companies during takeover situations, and to correct the imbalance of power in favor of bidding companies that the political community had perceived during the Kraft-Cadbury takeover. After the changes were made, but before they were implemented, the business community expressed concern that these added regulations would be detrimental to the M&A market as …
The Case Of Christmas Island: How International Law Affects The Australian-Malaysian Refugee Deal, Ria Pereira
The Case Of Christmas Island: How International Law Affects The Australian-Malaysian Refugee Deal, Ria Pereira
Penn State Journal of Law & International Affairs
In July 2011, Australia and Malaysia entered into an arrangement in which Australian asylum seekers would be removed to neighboring Malaysia to have their asylum claims processed. Following widespread criticism in the media, Australia’s High Court ruled that such a deal violated Australia’s refuges protection laws. While this ruling should have put an end to the deal, Australia’s Immigration Minister indicated that the agreement might nevertheless be feasible. Policy makers proposed amending Australian domestic immigration laws to allow the deal to go forward unencumbered. A bill to amend Australia’s Migration Act was subsequently introduced. As it currently stands, Australian law …
The Cost Of Fear: An Analysis Of Sex Offender Registration, Community Notification, And Civil Commitment Laws In The United States And The United Kingdom, Kate Hynes
Penn State Journal of Law & International Affairs
Sex offenders are often seen as a notorious group in both the United States and the United Kingdom. The public opinion of the masses has often found its way into the laws which restrict the privacy and freedoms of many sex offenders. This comment will examine the often divergent trends in lawmaking and judicial authority in both countries in regard to sex offender registration, community notification, and civil commitment. Further, the comment will study the lasting effects on the sex offender population and potential civil rights implications.
How Precipitous A Decline? U.S.-Iranian Relations And The Transition From American Primacy, Hillary Mann Leverett
How Precipitous A Decline? U.S.-Iranian Relations And The Transition From American Primacy, Hillary Mann Leverett
Penn State Journal of Law & International Affairs
This essay is grounded in two basic propositions. The first is that the greatest strategic challenge facing the United States is extricating its foreign policy from a well-worn but deeply counterproductive quest for hegemonic dominance in critical areas of the world, especially the Middle East. The second is that Washington’s handling of its relations with the Islamic Republic of Iran constitutes a crucial test of America’s capacity to put its foreign policy on a more productive and realistic trajectory. Since the Islamic Republic’s founding in 1979, Washington has refused to understand and accept the basic model underlying its political order—the …
The Prohibition On The Use Of Force For Arms Control: The Case Of Iran’S Nuclear Program, Mary Ellen O'Connell, Reyam El Molla
The Prohibition On The Use Of Force For Arms Control: The Case Of Iran’S Nuclear Program, Mary Ellen O'Connell, Reyam El Molla
Penn State Journal of Law & International Affairs
International law does not permit the use of military force against Iran to attempt to end its nuclear program. The resort to military force in international relations is covered first and foremost by Article 2(4) of the United Nations Charter. Article 2(4) is a general prohibition on resort to force that includes resort to military force for arms control, including nuclear weapons control. The Charter has two express but limited exceptions to the ban on military force. A state that is the victim of a significant armed attack may use force in necessary and proportional self-defense; the United Nations Security …
Caroline Revisited: An Imagined Exchange Between John Kerry And Mohammad Javad Zarif, James W. Houck
Caroline Revisited: An Imagined Exchange Between John Kerry And Mohammad Javad Zarif, James W. Houck
Penn State Journal of Law & International Affairs
In 1837, sailors of Great Britain's Royal Navy sank the American ship the Caroline over Niagra Falls. Great Britain justified the incident the preemptive strike as an act of self-defense. Diplomats of the two nations negotiated a legal framework to guide future preemptive uses of force. In the face of twenty-first century nuclear weapons, however, the Caroline framework seems outdated and impractical. To date, Iran continues to develop their nuclear program, while refusing international inspectors full access to their centrifuges. The United States is committed to keeping a nuclear weapon out of Iran's hands. The United States and Iran …
Iran's Nuclear Program And International Law, Daniel H. Joyner
Iran's Nuclear Program And International Law, Daniel H. Joyner
Penn State Journal of Law & International Affairs
In this article, Professor Daniel Joyner analyzes the legal arguments on both sides of the Iran nuclear issue. The article address what the sides regard as the relevant sources of international nuclear law, and their respective interpretations of these sources law. Professor Joyner argues that Iran’s case illustrates warped and incorrect legal interpretations of the Nuclear Nonproliferation Treaty and other sources of law, and a prejudicial and inconsistent application of the law by the West and by the International Atomic Energy Agency. The article posits that this warped interpretation of NPT obligations has led to a bleak future for the …
Npt: A Pillar Of Global Governance, Richard Butler
Npt: A Pillar Of Global Governance, Richard Butler
Penn State Journal of Law & International Affairs
The NPT is regarded as the cornerstone of nuclear arms control. It is the sole, widely agreed commitment in international law, to a world free of nuclear weapons. This fact and its operational mechanisms, establish NPT as a pillar of global governance. Any breakout from it, such as the development of nuclear weapons by Iran, a non-nuclear weapons state party to NPT, would jeopardize the future of the treaty and deeply harm the structure of contemporary global governance. If it chooses to do so, Iran cannot be prevented from taking such action by threatening it with the use of force, …
The Iranian Nuclear Issue, The End Of The American Century, And The Future Of International Order, Flynt L. Leverett
The Iranian Nuclear Issue, The End Of The American Century, And The Future Of International Order, Flynt L. Leverett
Penn State Journal of Law & International Affairs
How the U.S.-Iranian competition for influence in the Middle East plays out will have profound consequences not just for the Middle East, but also for the legal frameworks, rules-based regimes, and mechanisms of global governance that shape international order in the 21st century. This is particularly true with regard to U.S.-Iranian disagreements over the Islamic Republic’s nuclear activities. Strategic competition between America and Iran and its implications for international order play out against a backdrop of the progressive diminution of U.S. leadership in world affairs. Relative decline challenges the United States to share the prerogatives of global governance, especially …
Foreword, Amy C. Gaudion
Foreword, Amy C. Gaudion
Penn State Journal of Law & International Affairs
No abstract provided.
Soft Law And The Principle Of Fair And Equitable Decisionmaking In International Contract Arbitration, Larry Dimatteo
Soft Law And The Principle Of Fair And Equitable Decisionmaking In International Contract Arbitration, Larry Dimatteo
Larry A DiMatteo
This article provides a survey of the special relationship between international commercial arbitration and soft law instruments. It briefly traces the historical roots of the lex mercatoria to its present enunciation in the Convention on Contracts for the International Sale of Goods (CISG) and the UNIDROIT Principles of International Commercial Contracts. It discusses the characteristic of the hardness and softness of laws in an international commercial law context. The CISG is studied not only as a hard law, but also as an example of soft law. The affinity between soft law and international commercial arbitration is explored, as well as …
Contextualizing Legitimacy, Kish Vinayagamoorthy
Contextualizing Legitimacy, Kish Vinayagamoorthy
Kish Parella
The article discusses the effects of jurisprudential values on the responsibility to prevent and the relationship between the State sovereignty and the responsibility of the State to prevent its citizens from crime. It evaluates how international law can facilitate the implementation of the responsibility to prevent. It emphasizes that international lawyers and academics should consider the qualities that define law and distinguish legal norms and social norm from principles of society.
Applying Jus In Bello Proportionality To Drone Warfare, David J. Akerson
Applying Jus In Bello Proportionality To Drone Warfare, David J. Akerson
David J. Akerson
This article applies the international humanitarian law (IHL) principle of proportionality to the use of unmanned aerial vehicles (UAVs), commonly referred to as drones,[1] by the United States military forces (US Military) and the United States Central Intelligence Agency (CIA) in its armed conflicts in Iraq and Afghanistan and the “war on terror” in places such as Pakistan, Yemen, Somalia and Mali.[2] Iraq and Afghanistan at some point were more conventional armed conflicts that yielded to occupations with a continuing conflict against irregular insurgents. Pakistan, Yemen, Somalia and Mali fall into the so-called “targeted killings” genre, defined as …
Introduction To The Symposium Issue On The Americanization Of International Dispute Resolution, Mary Ellen O'Connell
Introduction To The Symposium Issue On The Americanization Of International Dispute Resolution, Mary Ellen O'Connell
Mary Ellen O'Connell
No abstract provided.
Rules Of Evidence For The Use Of Force In International Law's New Era, Mary Ellen O'Connell
Rules Of Evidence For The Use Of Force In International Law's New Era, Mary Ellen O'Connell
Mary Ellen O'Connell
No abstract provided.
An Introduction: The Legalization Of International Relations/The Internationalization Of Legal Reglations, Roger P. Alford, Mary Ellen O'Connell
An Introduction: The Legalization Of International Relations/The Internationalization Of Legal Reglations, Roger P. Alford, Mary Ellen O'Connell
Mary Ellen O'Connell
No abstract provided.
An Appropriate Focus On War, Mary Ellen O'Connell
An Appropriate Focus On War, Mary Ellen O'Connell
Mary Ellen O'Connell
No abstract provided.
Responses To The Ten Questions, Mary Ellen O'Connell
Responses To The Ten Questions, Mary Ellen O'Connell
Mary Ellen O'Connell
No abstract provided.
Lawful Self-Defense To Terrorism, Mary Ellen O'Connell
Lawful Self-Defense To Terrorism, Mary Ellen O'Connell
Mary Ellen O'Connell
No abstract provided.
Elihu Root And Crisis Prevention, Mary Ellen O'Connell
Elihu Root And Crisis Prevention, Mary Ellen O'Connell
Mary Ellen O'Connell
No abstract provided.
Enhancing The Status Of Non-State Actors Through A Global War On Terror?, Mary Ellen O'Connell
Enhancing The Status Of Non-State Actors Through A Global War On Terror?, Mary Ellen O'Connell
Mary Ellen O'Connell
Soon after September 11, President Bush declared a global war on terrorism and members of terrorist groups "combatants." These declarations are not only generally inconsistent with international law; they also reverse the trend regarding the legal status of international non-state actors. For decades, law-abiding non-state actors, such as international humanitarian aid organizations, enjoyed ever-expanding rights on the international plane. Professor Schachter observed how this trend came at the expense of the nation-state. He also predicted, however, that the nation-state would not fade away any time soon. And, by the late Twentieth Century, the trend toward enhanced status was noticeably slowing. …
Using Trade To Enforce International Environmental Law: Implications For United States Law, Mary Ellen O'Connell
Using Trade To Enforce International Environmental Law: Implications For United States Law, Mary Ellen O'Connell
Mary Ellen O'Connell
No abstract provided.
American Exceptionalism And The International Law Of Self-Defense, Mary Ellen O'Connell
American Exceptionalism And The International Law Of Self-Defense, Mary Ellen O'Connell
Mary Ellen O'Connell
No abstract provided.
Enforcing The Prohibition On The Use Of Force: The U.N.'S Response To Iraq's Invasion Of Kuwait, Mary Ellen O'Connell
Enforcing The Prohibition On The Use Of Force: The U.N.'S Response To Iraq's Invasion Of Kuwait, Mary Ellen O'Connell
Mary Ellen O'Connell
No abstract provided.
What Is Agression?: Comparing The Jus Ad Bellum And The Icc Statute, Mary Ellen O'Connell, Mirakmal Niyazmatov
What Is Agression?: Comparing The Jus Ad Bellum And The Icc Statute, Mary Ellen O'Connell, Mirakmal Niyazmatov
Mary Ellen O'Connell
Under the international law on resort to force, the jus ad bellum, any serious violation of the United Nations Charter prohibition on the use of force amounts to aggression. Despite a close connection for over a century between the prohibition on aggression by states and the crime of aggression for which individuals may be held accountable, delegates to the 2010 International Criminal Court Review Conference in Kampala, Uganda felt compelled to bifurcate the two prohibitions and reach a compromise. Today, the ICC Statute contains a detailed provision on the crime of aggression, but with a byzantine procedure for entry into …