Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Articles 1 - 21 of 21

Full-Text Articles in Law

The Word Commons And Foreign Laws, Thomas O. Main Apr 2013

The Word Commons And Foreign Laws, Thomas O. Main

Cornell International Law Journal

Dual trends are colliding in U.S. courts. The first trend is a tidal wave of cases requiring courts to engage the domestic laws of foreign legal systems; globalization is the principal driver of this escalation. The second trend is a profound and ever-increasing skepticism of our ability to understand foreign law; the literature of pluralism and postmodernism has illuminated the uniquely local, language-dependent, and culturally embedded nature of law. Courts cope with this dissonance by finding some way to avoid the application of foreign law. However, these outcomes are problematic because parties are denied access to court or have their …


Combating Corruption Through International Law In Africa: A Comparative Analysis, Thomas R. Snider, Won Kidane Oct 2007

Combating Corruption Through International Law In Africa: A Comparative Analysis, Thomas R. Snider, Won Kidane

Cornell International Law Journal

No abstract provided.


The World Court’S Ruling Regarding Israel’S West Bank Barrier And The Primacy Of International Law: An Insider’S Perspective, Pieter H. F. Bekker Jan 2005

The World Court’S Ruling Regarding Israel’S West Bank Barrier And The Primacy Of International Law: An Insider’S Perspective, Pieter H. F. Bekker

Cornell International Law Journal

A former UN official & staff lawyer for the International Court of Justice (ICJ) reflects on that courts ruling on Israels construction of a wall in the Occupied Palestinian Territory. It is emphasized that the Court's primary focus was upholding international law. The case was not about Israels right to build a protective structure on its own territory but about the course of the West Bank barrier that extends past the Green Line designated in the 1949 Armistice Agreement. Key pronouncements of the landmark opinion are examined, including condemnation of the settlements that Israel had established in Palestinian territories; the …


Promising Protection Through Internationally Derived Duties, Victoria Orlowski Apr 2003

Promising Protection Through Internationally Derived Duties, Victoria Orlowski

Cornell International Law Journal

No abstract provided.


Humanity’S Law: Rule Of Law For The New Global Politics, Ruti G. Teitel Oct 2002

Humanity’S Law: Rule Of Law For The New Global Politics, Ruti G. Teitel

Cornell International Law Journal

This Article proposes that international law is undergoing a paradigm shift, which will have significant implications for foreign affairs. A dramatic expansion of legal machinery, institutions, and processes is occurring in the international sphere. Now, more than ever before foreign policy decision-making occurs in the shadow of the law. The conception of a new rule of law is at stake; appropriate to the present state of global politics, as it aims to manage heightened political conflict and violence through law. The impact of the juridical paradigm shift is primarily discursive. The expanded legal discourse represented by the present international human …


The Right To Compensation In Bosnia: An Unfulfilled Promise And A Challenge To International Law, Eric Rosand Jan 2000

The Right To Compensation In Bosnia: An Unfulfilled Promise And A Challenge To International Law, Eric Rosand

Cornell International Law Journal

No abstract provided.


Holding Public Officials Accountable In The International Realm: A New Multi-Layered Strategy To Combat Corruption, Brian C. Harms Jan 2000

Holding Public Officials Accountable In The International Realm: A New Multi-Layered Strategy To Combat Corruption, Brian C. Harms

Cornell International Law Journal

No abstract provided.


Facing The Truth: Seeing The Convention On Contracts For The International Sale Of Goods As An Obstacle To A Uniform Law Of International Sales, James E. Bailey Apr 1999

Facing The Truth: Seeing The Convention On Contracts For The International Sale Of Goods As An Obstacle To A Uniform Law Of International Sales, James E. Bailey

Cornell International Law Journal

No abstract provided.


Jurisdictional Salvation And The Hague Treaty , Kevin M. Clermont Jan 1999

Jurisdictional Salvation And The Hague Treaty , Kevin M. Clermont

Cornell Law Review

No abstract provided.


The Informed-Consent Policy Of The International Conference On Harmonization Of Technical Requirements For Registration Of Pharmaceuticals For Human Use: Knowledge Is The Best Medicine, Michelle D. Miller Jan 1997

The Informed-Consent Policy Of The International Conference On Harmonization Of Technical Requirements For Registration Of Pharmaceuticals For Human Use: Knowledge Is The Best Medicine, Michelle D. Miller

Cornell International Law Journal

No abstract provided.


Provincialism In United States Courts , Patrick M. Mcfadden Nov 1995

Provincialism In United States Courts , Patrick M. Mcfadden

Cornell Law Review

No abstract provided.


Losers Fools & Prophets: Justice As Struggle , Jules Lobel Jul 1995

Losers Fools & Prophets: Justice As Struggle , Jules Lobel

Cornell Law Review

No abstract provided.


International And Foreign Legal Research: Tips, Tricks, And Sources, Linda Karr O'Connor Apr 1995

International And Foreign Legal Research: Tips, Tricks, And Sources, Linda Karr O'Connor

Cornell International Law Journal

No abstract provided.


Claims By Non-State Groups In International Law, Benedict Kingsbury Jul 1992

Claims By Non-State Groups In International Law, Benedict Kingsbury

Cornell International Law Journal

No abstract provided.


Groups, Histories, And The International Law, Lea Brilmayer Jul 1992

Groups, Histories, And The International Law, Lea Brilmayer

Cornell International Law Journal

No abstract provided.


Restoration Of The Rule Of Reason In Contract Formation: Has There Been Civil And Common Law Disparity, Kazuaki Sono Jul 1988

Restoration Of The Rule Of Reason In Contract Formation: Has There Been Civil And Common Law Disparity, Kazuaki Sono

Cornell International Law Journal

No abstract provided.


Classical Theory Of Law , Norman Barry Jan 1988

Classical Theory Of Law , Norman Barry

Cornell Law Review

No abstract provided.


Individuals As Subjects Of International Law, M. W. Janis Jan 1984

Individuals As Subjects Of International Law, M. W. Janis

Cornell International Law Journal

No abstract provided.


The Legal Nature Of The European Community: A Jurisprudential Analysis Using H.L.A. Hart’S Model Of Law And A Legal System, Mark L. Jones Jan 1984

The Legal Nature Of The European Community: A Jurisprudential Analysis Using H.L.A. Hart’S Model Of Law And A Legal System, Mark L. Jones

Cornell International Law Journal

No abstract provided.


The Exhaustion Of Local Rule And Forum Non Conveniens In International Litigation In U.S. Courts, Stephen W. Yale-Loehr Jan 1981

The Exhaustion Of Local Rule And Forum Non Conveniens In International Litigation In U.S. Courts, Stephen W. Yale-Loehr

Cornell International Law Journal

No abstract provided.


The Jus Cogens Dimensions Of Nuclear Technology, Walter T. Gangl Jan 1980

The Jus Cogens Dimensions Of Nuclear Technology, Walter T. Gangl

Cornell International Law Journal

No abstract provided.