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International Fisheries Management: A Comparative Analysis Of Legal Approaches To Management In The Context Of Polar Fisheries Regimes, Stuart Bruce Kaye

PhD Dissertations

This thesis examines the management of marine living resources in international law. The thesis considers the development of the two principal approaches to fisheries management. The first approach is based upon maximising the yield of particular stocks, and is reflected in the content of the 1982 United Nations Convention on the Law of the Sea. It has evolved out of fisheries management theory developed since the 1950s, and focuses upon extracting the maximum harvest of a particular stock while still permitting that stock's biological regeneration. The second approach uses the precautionary principle, and may include management directed at the entire …

Is The United States Obligated To Drive On The Right? A Multidisciplinary Inquiry Into The Normative Authority Of Contemporary International Law Using The Arm’S Length Standard As A Case Study, Brian D. Lepard

Duke Journal of Comparative & International Law

No abstract provided.

States Of Emergency - Moderating Their Effects On Human Rights, Venkat Iyer

Dalhousie Law Journal

There has been a runaway proliferation of emergency regimes worldwide in recent decades. This, coupled with the high incidence of human rights abuses which accompany them, has made states of emergency a matter of increasing concern among human rights policymakers and monitors. The author evaluates the various measures that have been taken by the international community to moderate the effects of emergencies, and outlines possible future strategies to increase the effectiveness of such measures.

Intensional Contexts And The Rule That Statutes Should Be Interpreted As Consistent With International Law, John M. Rogers

Notre Dame Law Review

No abstract provided.

Globalization, Law, And The Transformation Of Sovereignty: The Emergence Of Global Regulatory Governance, Kanishka Jayasuriya

Indiana Journal of Global Legal Studies

No abstract provided.

Guarding The Gates With Two Faces: International Law And Political Reconstruction, Susan Marks

Indiana Journal of Global Legal Studies

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

Cornell International Law Journal

No abstract provided.

Defining And Punishing Abroad: Constitutional Limits On The Extraterritorial Reach Of The Offenses Clause, Zephyr Rain Teachout

Duke Law Journal

No abstract provided.

Anticipatory Humanitarian Intervention In Kosovo, Jonathan I. Charney

Vanderbilt Journal of Transnational Law

The intervention by the North Atlantic Treaty Organization (NATO) in Kosovo during the spring of 1999 aroused controversy at the time and still provokes questions about the legality of the action, its precedential effect, and procedures for developing new international law. The participants faced a legal and moral dilemma between international law prohibitions on the use of force and the goal of preventing or stopping widespread grave violations of international human rights. This commentary seeks to chart a course for the future in light of the current legal and moral environment.

Many individuals on all sides of the Kosovo crisis …

Legal Aspects Of International Transfer Of Technology, Anna Mikhailovna Otkina

LLM Theses and Essays

For any international law practitioner issues relating to technology and proprietary information can arise in a number of a different situation. For example, transactions involving foreign distribution and sales rights relating to domestic products are a common part of the day-to-day practice of anyone engaged in the multinational business arena. Many of those transactions involve a contractual agreement in the form of a license, which is intended to transfer to the licensee the technology and related information, and the legal rights therewith, necessary to complete successfully the objective of the transaction: the distribution and sale of the domestic product at …

Reconstructing Self-Determination: The Role Of Critical Theory In The Positivist International Law Paradigm, Ediberto Román

Faculty Publications

This article (or conference transcription) discuses the role that critical race theory may have on what, will be called, self-determination movements. It commences with the introduction of four speakers Taygab Muhmud, Seigfried Weissner, Julie Mertus and Donna Coker, discussing various forms of self-determination movements of indigenous people, the neocolonial plight of the people of South Asia and a comparative analysis of Eastern Europeans. The article then undertakes an innovative critical analysis of the acceptance of the liberal international law doctrine of self-determination. In particular, it will critique the purportedly universal norm of self-determination in order to expose and explain its …

Integrating International Law Into The First-Year Property Course, Stephen J. Schnably

Articles

No abstract provided.

The Inevitability Of Nimble Fingers? Law, Development, And Child Labor, Katherine Cox

Vanderbilt Journal of Transnational Law

This Article examines development issues that are raised in a legal analysis of international human rights law relating to child labor. In so doing it highlights some of the weaknesses of the present legal approach to the problem. In order to demonstrate better the weaknesses of the system, India is used as an example of a developing country where some of the development issues raised in the legal analysis arise. The second Part of this Article defines the concept of child labor. It undertakes a comprehensive analysis of international legal instruments that deal with the topic of child labor and …

The Sky Is Falling (Or Is It?): International Contracts And The Y2k Problem, Mark B. Baker

Vanderbilt Journal of Transnational Law

Y2K problems at this point in time are reasonably foreseeable due to the amount of attention given the subject. Contracting parties should examine potential Y2K problems arising internally and address them before January 1, 2000. Yet the extent of Y2K problems, be they widespread or solitary occurrences, remains unforeseeable and unpredictable. Even those parties having adequately addressed internal Y2K problems can experience difficulties due to external parties having failed to become Y2K-compliant. This "second tier" of unforeseeability supports the use of excused performance, but the "first tier" foreseeability that Y2K problems potentially exist prevent viable use of the defense. In …

The Dichotomy Between Standards And Rules, Mary C. Daly

Vanderbilt Journal of Transnational Law

The differences in perception between U.S. and foreign lawyer codes of conduct is more than simply a matter of academic interest or curiosity. It is only a matter of time until the WTO turns its attention to the codes, examining whether and to what extent they create illegitimate regulatory barriers to trade in legal services. As the participants in the Forum on Transnational Legal Practice have come to realize, if the legal profession is to play a meaningful role in cross-border regulation, it must seize the initiative, much as the CCBE did in 1988 with the adoption of the CCBE …

The Imposition Of The Death Penalty In The United States Of America: Does It Comply With International Norms?, Beverly Mcqueary Smith

Scholarly Works

No abstract provided.

Commercial Common Law, The United Nations Convention On The International Sale Of Goods, And The Inertia Of Habit, David Frisch

Law Faculty Publications

This Article develops a model of judicial behavior that rests on the idea that a judge's decision is a function of her attitudes and role orientations and these, in turn, are heavily influenced by her law school education. The result is an intellectual stubbornness that may lead judges to reject not only optional innovations that may present themselves, but may also cause them to construe mandatory provisions as if no change had occurred. This model and the Convention on the International Sale of Goods illustrate situations in which the emerging international commercial code may play an important role in the …

Jurisdictional Salvation And The Hague Treaty , Kevin M. Clermont

Cornell Law Review

No abstract provided.

Discovery In International Legal Developments Year In Review: 1998, Christopher J. Borgen

Faculty Publications

American procedure regarding international discovery stems from 28 U.S.C. §§ 1781-1783, and the Federal Rules of Civil Procedure, in particular Rule 28(b). The leading case on the topic of international discovery is the Supreme Court's decision in Société Nationale Industielle Aerospatiale v. United States District Court. Many later cases base their reasoning on interpretations of Aerospatiale. This article is a brief review of developments during the year.

Human Rights And Human Wrongs: Is The United States Death Penalty System Inconsistent With International Human Rights Law, Warren Allmand, Stephen B. Bright, Rubin "Hurricane" Carter, Dorean Marguerite Koenig, William A. Schabas, W. L. Seriti

Fordham Law Review

No abstract provided.

Emerging Leader Of The Tax Avant-Garde, Andrzej J. Burba

Vanderbilt Journal of Transnational Law

In 1998, Poland's Minister of Finance Leszek Balcerowicz unveiled a plan to restructure the tax system. His fiat tax proposal promises numerous benefits to individual and corporate taxpayers with significant reduction in tax rates for both groups. The new plan offers to further strengthen Poland's growing economy--a consequence that is especially significant in light of the country's aspiration to join the European Union. It provides a remedy for virtually every ailment plaguing the current tax system and, most importantly, the reform offers to finance itself This Note argues that the plan should be adopted immediately for the following reasons: (1) …

The Sheinbein Case And The Israeli-American Extradition Experience: A Need For Compromise, Abraham Abramovsky, Jonathan I. Edelstein

Vanderbilt Journal of Transnational Law

This Article will examine the political ramifications of the extradition process and the need for compromise to prevent domestic politics from undermining the ends of law enforcement. This Article will also suggest possible measures to ease the complications that extradition poses to international law enforcement cooperation. Part II of this Article will examine the facts of the most recent and dramatic example of the politics of extradition as played out in the Sheinbein case. Part III will analyze other issues which have placed obstacles in the path of practical law enforcement and international relations, and the way that the United …

Cultural Relativism And Cultural Imperialism In Human Rights Law, Guyora Binder

Journal Articles

The "Universalism-Cultural Relativism" debate proceeds on the assumption that international human rights law requires the identification of fundamental principles of justice that transcend culture, society, and politics. Thus, the debate presumes that to assert the cultural relativity of justice is to deny the legitimacy of international human rights law. This comment challenges this presumed linkage between international human rights law and universally valid criteria of justice. Human rights standards are obviously culturally relative, and human rights law is obviously a Western institution. But so are the kind of states that human rights law sets out to restrain. The nation-state ideal …

Chinese Law And American Legal Education (Foreword), Vincent R. Johnson

Faculty Articles

The rise of international and comparative law within the typical law school curriculum has been a profound change in American legal education. As international and comparative law gradually rose to prominence during the last part of the twentieth century, the attention of American legal educators often focused on Europe. However, law reform in China is today a priority of the government. With a vitality that echos American legislative achievements during the Progressive Era, the New Deal, and the Great Society, China is overhauling the laws that shape Chinese society and govern relations with persons and states abroad.

Members of the …

Superpower Attitudes Toward Indigenous Peoples And Group Rights, S. James Anaya

Publications

No abstract provided.

In Memoriam: Abram Chayes (1922-2000), Jost Delbruck

Articles by Maurer Faculty

No abstract provided.

The Imposition Of The Death Penalty In The United States Of America: Does It Comply With International Norms?, Beverly Mcqueary Smith

Touro Law Review

No abstract provided.

‘Breard,’ Our Dualist Constitution, And The Internationalist Conception, Curtis A. Bradley

Faculty Scholarship

In its decision last Term in 'Breard v. Greene,' the Supreme Court refused to stay the execution of Angel Breard, an inmate in Virginia, even though Virginia had violted a treaty on consular relations and the International Court of Justice had ordered the United States to "take all measures at its disposal" to stay the execution. The international law academy has been heavily critical of the Supreme Court's decision and other aspects of the United States' handling of the Breard case. In this article Professor Bradley argues that the criticisms by the academy reflect an "international conception" of the relationship …

A New American Foreign Affairs Law?, Curtis A. Bradley

Faculty Scholarship

No abstract provided.

‘Pinochet’ And International Human Rights Litigation, Curtis A. Bradley, Jack L. Goldsmith

Faculty Scholarship

No abstract provided.