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Articles 1 - 30 of 81
Full-Text Articles in Law
Terrorism And The Law (Yonah Alexander And Edgar H. Brenner, Eds., Transnational Publishers 2001). , Fara Gold
Terrorism And The Law (Yonah Alexander And Edgar H. Brenner, Eds., Transnational Publishers 2001). , Fara Gold
University of Miami International and Comparative Law Review
No abstract provided.
The (Un)Favorable Judgment Of History: Deportation Hearings, The Palmer Raids, And The Meaning Of History, Harlan G. Cohen
The (Un)Favorable Judgment Of History: Deportation Hearings, The Palmer Raids, And The Meaning Of History, Harlan G. Cohen
Scholarly Works
As Americans respond to the events of September 11, 2001, they are being forced to contemplate their place in American history-past, present, and future. This has become particularly stark in the fight over secret deportation hearings. Following September 11, Attorney General John Ashcroft announced that the deportation hearings of "special interest" aliens would be closed to the public. Applying Richmond Newspapers's two-pronged logic-and-experience test, the Third and Sixth Circuits subsequently split over the constitutionality of the blanket closure. At the heart of their disagreement was the scarce history of deportation hearings and whether such hearings had been closed in the …
Foreword, Stephen M. Schwebel
Foreword, Stephen M. Schwebel
Vanderbilt Journal of Transnational Law
I was glad to return to Vanderbilt Law School to take part in this Symposium on International Commercial Arbitration. I came because Jon Charney telephoned me last autumn to ask me to come. Jon Charney was a superb international lawyer and a splendid human being. He became a reigning expert on the Law of the Sea. But his interests in international law were wider than that wide subject. He wrote, for example, on the proliferation of international tribunals and on the position of the persistent objector in international law with exceptional acuity and insight.
Jon's professional accomplishments were increasingly large. …
International Royalty And Continental Shelf Limits: Emerging Issues For The Canadian Offshore, Aldo Chircop, Bruce Marchand
International Royalty And Continental Shelf Limits: Emerging Issues For The Canadian Offshore, Aldo Chircop, Bruce Marchand
Dalhousie Law Journal
Article 82 of the United Nations Convention on the Law of the Sea, 1982, provides a novel obligation in international law that is likely to become operative within the decade. It establishes an international royalty on production from the utilization of non-living resources (such as oil and gas) on the continental shelf beyond 200 nautical miles, but within the outer limit of a coastal state's jurisdiction. Producing states will have an obligation to make payments or contributions in kind that are calculated on the basis of an incremental rate applicable as from the sixth year of production and reaching a …
Toward A Global Parliament, Andrew Strauss, Richard Falk
Toward A Global Parliament, Andrew Strauss, Richard Falk
Andrew L. Strauss
No abstract provided.
Vattel's Doctrine On Territory Transfers In International Law And The Cession Of Louisiana To The United States Of America, Stéphane Beaulac
Vattel's Doctrine On Territory Transfers In International Law And The Cession Of Louisiana To The United States Of America, Stéphane Beaulac
Louisiana Law Review
No abstract provided.
Le Transfert De Territoire En Droit International Selon Vattel Et La Cession De La Louisiane Aux États-Unis D'Amérique, Stéphane Beaulac
Le Transfert De Territoire En Droit International Selon Vattel Et La Cession De La Louisiane Aux États-Unis D'Amérique, Stéphane Beaulac
Louisiana Law Review
No abstract provided.
Terrorism And The Use Of Force In International Law, Michael Schmitt
Terrorism And The Use Of Force In International Law, Michael Schmitt
International Law Studies
No abstract provided.
Normative Creativity And Global Legal Pluralism: Reflections On The Democratic Critique Of Transnational Law, Oren Perez
Normative Creativity And Global Legal Pluralism: Reflections On The Democratic Critique Of Transnational Law, Oren Perez
Indiana Journal of Global Legal Studies
No abstract provided.
The American Challenge To International Law: A Tentative Framework For Debate, Harlan G. Cohen
The American Challenge To International Law: A Tentative Framework For Debate, Harlan G. Cohen
Scholarly Works
The United States often appears hypocritical in its commitment to International Law. It supports Nuremberg, Yugoslavia, and Rwandan tribunals, but opposes the International Criminal Court. It supports the creation of the United Nations, but seeks unilateral action in Iraq. This Essay explores these seeming contradictions in American stances toward international law. It argues that while such apparent hypocrisy might be explained by mere pragmatism, ideas prevalent in American foreign policy history seem to point in a more dangerous direction, that such divergent actions may actually be informed by a coherent, specifically American conception of international law. In particular, this Essay …
Trademarks Under The North American Free Trade Agreement (Nafta) With References To The New Trademark Law Of Spain, Effective July 31, 2002, And The Current Mexican Law, Roberto Rosas
Faculty Articles
A trademark is any distinctive sign indicating that certain products or services have been manufactured or rendered by a specific person or company. This concept is currently recognized worldwide; however, the origin of trademarks dates back to antiquity when artisans placed their signatures or “marks” on their products containing an artistic or utilitarian element. Through time, these marks have evolved to such an extent that today, a reliable and efficient system for their registration and protection has been established. Besides protecting owners of trademarks, this system also helps consumers identify and purchase goods or services, which, because of the essence …
Who Owns The Rules Of War? The War In Iraq Demands A Rethinking Of The International Rules Of Conduct, Kenneth Anderson
Who Owns The Rules Of War? The War In Iraq Demands A Rethinking Of The International Rules Of Conduct, Kenneth Anderson
Popular Media
The war in Iraq requires a rethinking of the rules of conduct in war, international humanitarian law. The nature of asymmetric warfare in the conflict has turned out to be less a question of technological disparities than the weaker side turning to systematic violations of the laws of war as its method. Over time, we risk creating an international system in which it is tacitly assumed and permitted that the weaker side fight using systematic violations of the law as its method. Part of this trend arises from the biases of 1977 Protocol I which blessed activities of irregular forces …
Promising Protection Through Internationally Derived Duties, Victoria Orlowski
Promising Protection Through Internationally Derived Duties, Victoria Orlowski
Cornell International Law Journal
No abstract provided.
Imputing War Crimes In The War On Terrorism: The U.S., Northern Alliance, And 'Container Crimes', Ahmed S. Younis
Imputing War Crimes In The War On Terrorism: The U.S., Northern Alliance, And 'Container Crimes', Ahmed S. Younis
Washington and Lee Journal of Civil Rights and Social Justice
No abstract provided.
Legal, Political, And Ethical Hurdles To Applying International Human Rights Law In The State Courts Of The United States (And Arguments For Scaling Them), Penny White
Scholarly Works
No abstract provided.
A Solution To The Yahoo! Problem? The Ec E-Commerce Directive As A Model For International Cooperation On Internet Choice Of Law, Mark F. Kightlinger
A Solution To The Yahoo! Problem? The Ec E-Commerce Directive As A Model For International Cooperation On Internet Choice Of Law, Mark F. Kightlinger
Law Faculty Scholarly Articles
In May 2000, a French court decided that a French law banning the display of Nazi materials for sale applies to an auction website hosted by the California-based company Yahoo! Inc. The following year, at the request of Yahoo! Inc., a U.S. District Court declared that the French judgment was unenforceable in the United States because enforcing it would violate an important public policy-the First Amendment. These two cases have attracted considerable attention because they crystallize a difficult problem. The Internet is global. Every website potentially reaches every home on the planet. Thus, website content or activity that may be …
Recent Developments In International And Comparative Law And Feasible Alternatives To The Use Of Force In Contemporary International Law, Sompong Sucharitkul
Recent Developments In International And Comparative Law And Feasible Alternatives To The Use Of Force In Contemporary International Law, Sompong Sucharitkul
The Sompong Sucharitkul Center for Advanced International Legal Studies
Last year, Golden Gate presented "A Survey of Progressive Developments of International Law and Order since the events of 11 September 2001 ". This year, a further succession of events have taken place that warrant a fresh examination of "Recent Developments in International and Comparative Law on the Urgent Necessity for Feasible Alternatives to the Use of Force in Contemporary International Law." An imminent and impending threat of the preemptive use of force to prevent war and continuing deployment of forces poised to strike as if to demonstrate that the only plausible means to achieve the ultimate peace is to …
Arbitrage, Bioethics, And Cloning: The Abcs Of Gestating A United National Cloning Convention, Rosario M. Isasi, George J. Annas
Arbitrage, Bioethics, And Cloning: The Abcs Of Gestating A United National Cloning Convention, Rosario M. Isasi, George J. Annas
Case Western Reserve Journal of International Law
No abstract provided.
The Natural Law Basis Of Legal Obligation: International Antitrust And Opec In Context, Joel B. Moore
The Natural Law Basis Of Legal Obligation: International Antitrust And Opec In Context, Joel B. Moore
Vanderbilt Journal of Transnational Law
The Organization of the Petroleum Exporting Countries (OPEC) stabilizes petroleum prices to promote the economic prosperity of its member nations for which oil is a substantial export. Price stabilization influences the price of petroleum around the world, impacting the economies of developed and developing countries. Under U.S. antitrust jurisprudence, the OPEC quota agreements that stabilize prices would likely be declared illegal, and other countries might also declare price fixing to be illegal under their respective competition laws.
Several U.S. Senators have recently proposed that price fixing should be illegal under international law as well. This Note avoids a superficial analysis …
Surprised By Sin: Human Rights And Universality, Tawia Baidoe Ansah
Surprised By Sin: Human Rights And Universality, Tawia Baidoe Ansah
Faculty Publications
International human rights law's claim to universality, at the level of normative formation, has been shaped by conceptions of the self over time. The metaphysical reconfigurations of the self, from the Enlightenment to the present, have marked the human rights narrative in particular ways. This essay will suggest that since World War II, a conception of the self within a narrative of rights has been replaced, or at least countermanded, by a conception of sacral evil, with profound implications for the normative claim to universality of the human rights discourse. The essay begins with a synoptic analysis of the rise …
No. 2 - The Dean Rusk Lectures At The Dean Rusk Center, Eric Stein, Louis Henkin, Abiodun Williams, Manuel Medina Ortega, Gabriel M. Wilner
No. 2 - The Dean Rusk Lectures At The Dean Rusk Center, Eric Stein, Louis Henkin, Abiodun Williams, Manuel Medina Ortega, Gabriel M. Wilner
Occasional Papers Series
The papers delivered by the four distinguished scholars form the content of this second Dean Rusk Center Occasional Paper. Issues of legitimacy-democracy in the activities of integrated international and supranational organizations are dealt with in the first paper by Professor Eric Stein. Professor Louis Henkin offers incisive comparisons and contrasts on the nature and sources of human rights in international law and rights under the Constitution of the United States. The central role of the United Nations in peace operations is explained in the paper by Mr. Abiodun Williams, the director of strategic planning for the office of the Secretary-General …
The Utility Of An International Legal Approach To The Jerusalem Question, Davinia Aziz
The Utility Of An International Legal Approach To The Jerusalem Question, Davinia Aziz
Davinia Aziz
International law has not acquitted itself well when invoked to assist in the resolution of the Israeli-Palestinian conflict. Imprecisely-articulated claims and interests framed in terms of charges and counter-charges of terrorism, respective rights to self-determination, sovereignty and illegal uses of force fail to capture the complexity of reality. Juxtaposing international law's stencil-like approach to this very complex reality illuminates the law's limitations. The law is inhibited by a restricted recognition of sources of legitimacy, rooted in the ethnocentric secularism of the American and Western European powers controlling its development. This article argues that despite its apparent shortcomings, international law is …
Professor Jonathan I. Charney: Commitment Underpinned By Conviction, James R. Mchenry, Iii
Professor Jonathan I. Charney: Commitment Underpinned By Conviction, James R. Mchenry, Iii
Vanderbilt Journal of Transnational Law
When I was asked to speak on behalf of the students regarding Professor Charney's contributions to the Law School, I did initially wonder how closely my relationship with him mirrored the experiences of other students. I worked for him for almost two years as a research assistant for the American Journal of International Law; I spoke with him frequently, either in person or via e-mail, about various international legal issues; and he advised me on both my student note for the Vanderbilt Journal of Transnational Law and on my PhD dissertation. Thus, I knew the image that I had of …
Jonathan I. Charney--Mourning And Celebration, Louis Henkin
Jonathan I. Charney--Mourning And Celebration, Louis Henkin
Vanderbilt Journal of Transnational Law
Here, today, I wish to speak with you about Jon Charney, his good life, and his remarkable achievements. On this occasion I am pleased to add that I knew Jon Charney "professionally" before he began on the road to eminence. I was "present at the creation," as Jon Charney took his first steps toward becoming a world authority on the international Law of the Sea, and an eminent, prominent, lawyer and scholar in international law generally.
Jonny was still a law student when he spent a summer as my research assistant, when both of us learned that there was an …
Jonathan I. Charney: An Appreciation, W. Michael Reisman
Jonathan I. Charney: An Appreciation, W. Michael Reisman
Vanderbilt Journal of Transnational Law
Jonathan Charney was one of the leading international legal scholars of his generation. He was the authority on the Law of the Sea and his magisterial four-volume work on international maritime boundaries quickly became the "vade mecum" for anyone involved in virtually any aspect of the Law of the Sea. But Law of the Sea was only a part of his awesome oeuvre. He wrote authoritatively on the use of force and humanitarian intervention; self-determination; customary international law and, in particular, soft law; international environmental law, international tribunals and jurisdiction, technology, and constitutional law. All of his work was marked …
Nigeria's Crisis Of Corruption--Can The U.N. Global Programme Hope To Resolve This Dilemma?, Nicholas A. Goodling
Nigeria's Crisis Of Corruption--Can The U.N. Global Programme Hope To Resolve This Dilemma?, Nicholas A. Goodling
Vanderbilt Journal of Transnational Law
Transparency International consistently rates the levels of corruption in Nigeria among the highest in the world. Pervasive corruption appears to permeate many levels of Nigerian society. The current Nigerian government, however, has taken great steps to combat this problem through cooperation with the U.N. Global Programme.
This Note examines the structure and goals of the Global Programme and evaluates Nigeria's participation in the project. Part I provides a background analysis of corruption, the effects of corruption, and Nigeria's efforts to curb corruption. Part III analyzes the basic structure of the Programme, while Part IV outlines Nigeria's efforts pursuant to the …
Choice Of Law In Third-Millennium Arbitrations, Fabrizio Marrella
Choice Of Law In Third-Millennium Arbitrations, Fabrizio Marrella
Vanderbilt Journal of Transnational Law
There is little doubt that third-millennium international arbitrators will face the flowering of a transnational rule such as the UNIDROIT Principles for international commercial contracts. They will be used to solve problems of characterization, preliminary questions, and choice of law to the merits of the dispute. In this sense, it appears clearly that these rules are to be construed under a triangular scheme. Thus, lex mercatoria and transnational rules like the UNIDROIT Principles will intervene more and more in the arbitral choice-of-law process in three competing contexts: (1) as a lex contractus; (2) as a means to interpret, supplement, or …
American Judges And International Law, A. M. Weisburd
American Judges And International Law, A. M. Weisburd
Vanderbilt Journal of Transnational Law
This article addresses an issue with which federal courts have been forced to deal with increasing frequency: How ought a judge go about determining the content of customary international law? The article seeks to demonstrate, using the example of the treatment of the concept of "jus cogens" by the courts of appeals, that federal courts have come to rely on doubtful sources in addressing questions of international law. More specifically, it sets out to show that courts frequently do not rely on the actual practice of governments to determine the content of customary international law, which would seem to be …
The Internationalization Of Constitutional Law, Herman Schwartz
The Internationalization Of Constitutional Law, Herman Schwartz
Human Rights Brief
No abstract provided.
International Law Of Sustainable Agriculture In The 21st Century, G. L. Rose
International Law Of Sustainable Agriculture In The 21st Century, G. L. Rose
Faculty of Law - Papers (Archive)
This paper examines the new PGR Treaty, assessing what it contains that is innovative and what it contains that are repackaged existing arrangements. Therefore, the PGR Treaty is described in the context of the pre-existing arrangements and the political forces that shaped it. The examination commences by providing a historical perspective on the transfer and use of plant genetic resources. It introduces institutional arrangements that predate the Treaty and explains the relationships between them. In this, attention focuses on the International Undertaking on Plant Genetic Resources for Food and Agriculture 1983 (International Undertaking) and the Treaty on Biological Diversity 1992 …