Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (96)
- Human Rights Law (21)
- Constitutional Law (16)
- Social and Behavioral Sciences (11)
- International Humanitarian Law (10)
-
- Comparative and Foreign Law (9)
- Military, War, and Peace (8)
- Political Science (8)
- Environmental Law (7)
- International Relations (7)
- Law and Politics (7)
- Law and Society (7)
- Courts (5)
- Jurisprudence (5)
- Legal History (5)
- Public Affairs, Public Policy and Public Administration (5)
- Public Law and Legal Theory (5)
- Jurisdiction (4)
- Dispute Resolution and Arbitration (3)
- Health Law and Policy (3)
- Immigration Law (3)
- International Trade Law (3)
- Rule of Law (3)
- Conflict of Laws (2)
- Criminal Law (2)
- International and Area Studies (2)
- Law and Gender (2)
- Law and Philosophy (2)
- Law of the Sea (2)
- Institution
-
- Selected Works (15)
- Maurer School of Law: Indiana University (14)
- Vanderbilt University Law School (13)
- SelectedWorks (7)
- University of Denver (7)
-
- Northwestern Pritzker School of Law (6)
- American University Washington College of Law (5)
- Case Western Reserve University School of Law (5)
- Columbia Law School (5)
- George Washington University Law School (4)
- University of Maryland Francis King Carey School of Law (4)
- Duke Law (3)
- University of Georgia School of Law (3)
- University of Miami Law School (3)
- Washington and Lee University School of Law (3)
- Association of American Law Schools (2)
- Cleveland State University (2)
- Drexel University Thomas R. Kline School of Law (2)
- Notre Dame Law School (2)
- St. John's University School of Law (2)
- University of Baltimore Law (2)
- University of Pittsburgh School of Law (2)
- Boston University School of Law (1)
- Chapman University Dale E. Fowler School of Law (1)
- Emory University School of Law (1)
- Georgetown University Law Center (1)
- Georgia State University College of Law (1)
- Maurice A. Deane School of Law at Hofstra University (1)
- Saint Louis University School of Law (1)
- Santa Clara Law (1)
- Publication
-
- Indiana Journal of Global Legal Studies (12)
- Faculty Scholarship (10)
- Vanderbilt Journal of Transnational Law (9)
- Human Rights & Human Welfare (7)
- Faculty Working Papers (6)
-
- Case Western Reserve Journal of International Law (5)
- GW Law Faculty Publications & Other Works (4)
- Scholarly Works (4)
- All Faculty Scholarship (3)
- Articles (3)
- Faculty Publications (3)
- Journal Articles (3)
- Scholarly Articles (3)
- American University Law Review (2)
- Andrew T Guzman (2)
- Articles by Maurer Faculty (2)
- David C. Gray (2)
- Ernesto A. Hernandez (2)
- John C Yoo (2)
- Journal of Legal Education (2)
- Kelly Gable (2)
- Vanderbilt Law School Faculty Publications (2)
- Ana Filipa Vrdoljak (1)
- Andrew L. Strauss (1)
- Anne T Gallagher (1)
- Articles in Law Reviews & Other Academic Journals (1)
- Books (1)
- Bryan H. Druzin (1)
- Columbia Center on Sustainable Investment Staff Publications (1)
- Dalhousie Law Journal (1)
- Publication Type
- File Type
Articles 31 - 60 of 131
Full-Text Articles in Law
Book Review: The Iraq War And International Law, Maxwell O. Chibundu
Book Review: The Iraq War And International Law, Maxwell O. Chibundu
Maxwell O. Chibundu
A review of The Iraq War and International Law edited by Phil Shiner and Andrew Williams. Oxford, Hart Publishing, 2008.
Prosecuting And Adjudicating Trafficking In Persons Cases In Australia: Obstacles And Opportunities, Anne T. Gallagher
Prosecuting And Adjudicating Trafficking In Persons Cases In Australia: Obstacles And Opportunities, Anne T. Gallagher
Anne T Gallagher
No abstract provided.
Bilateral Investment Treaties And Fdi Flows, Lisa E. Sachs
Bilateral Investment Treaties And Fdi Flows, Lisa E. Sachs
Columbia Center on Sustainable Investment Staff Publications
Given that one of the principal purposes of bilateral investment treaties (BITs) is to help countries attract investment flows (by protecting investments), it is only natural that the question has been raised whether they do, in fact, lead to higher investment flows. The main studies on this topic from the past decade are collected in The Effect of Treaties on Foreign Direct Investment: Bilateral Investment Treaties, Double Taxation Treaties, and Investment Flows (Oxford University Press, 2009), a volume I edited with Karl P. Sauvant.
Introductory Note To The Optional Protocol To The International Covenant On Economic, Social And Cultural Rights, Tara J. Melish
Introductory Note To The Optional Protocol To The International Covenant On Economic, Social And Cultural Rights, Tara J. Melish
Journal Articles
This Introductory Note to the publication in ILM of the newly-adopted Optional Protocol to the International Covenant on Economic, Social and Cultural Rights (OP-ICESCR) seeks to put the primary source document in proper context by briefly explaining its history, content, and significance in international law. The Note is accompanied by the text of the OP-ICESCR, adopted by the U.N. General Assembly on December 10, 2008 to commemorate the 60th anniversary of the Universal Declaration of Human Rights. The OP creates an individual complaints procedure for alleged violations of the ICESCR, rectifying a thirty year asymmetry in human rights treaty law.
The Danish Cartoon Controversy And The Rhetoric Of Libertarian Regret, Robert A. Khan
The Danish Cartoon Controversy And The Rhetoric Of Libertarian Regret, Robert A. Khan
University of Miami International and Comparative Law Review
The publication of cartoons insulting the prophet Mohammed created afar greater controversy in Europe than it did in the United States. In this article, I attempt to trace this difference to broader differences in the way Americans and Europeans think about offensive speech. While Americans have developed a language of "libertarian regret, " which allows them to criticize speech that they nevertheless concede the legal system must protect, Europeans are much more concerned about the threat posed by acts of intolerance. As a result, Europeans tended to view Muslim protests against the cartoons as a potential harbinger of totalitarianism. By …
The United Nations Convention On The Rights Of Persons With Disabilities And Its Implications For The Rights Of Elderly People Under International Law, Arlene S. Kanter
The United Nations Convention On The Rights Of Persons With Disabilities And Its Implications For The Rights Of Elderly People Under International Law, Arlene S. Kanter
Georgia State University Law Review
No abstract provided.
Historical American Perspectives On International Law, Harlan G. Cohen
Historical American Perspectives On International Law, Harlan G. Cohen
Scholarly Works
The United States’ relationship with international law, although oft-discussed, is poorly understood. Depictions of the relationship are often little more than caricatures. Depending on when the caricature is drawn, the United States may be a longstanding “champion” of international law, an “exceptionalist” defender of American values, or a hypocritical opponent of international governance. Many traditional histories do little to complicate these views. Focused primarily on foreign affairs law and constitutional war powers, these histories highlight moments of tension between the United States and international law. Missing from these histories of American diplomacy and warcraft, foreign affairs caselaw and doctrinal development …
The Rule Of Law In Comparative Perspective, Mortimer N.S. Sellers, Tadeusz Tomaszewski
The Rule Of Law In Comparative Perspective, Mortimer N.S. Sellers, Tadeusz Tomaszewski
Books
This new volume on The Rule of Law in Comparative Perspective compares the different conceptions of the rule of law that have developed in different legal cultures. Lawyers and legal scholars from various legal systems describe the social purposes and practical applications of the rule of law, and how it might be improved in the varied circumstances of their own courts and politics.
This book will be of interest to lawyers, judges, public officials, and to all those wishing to improve the fundamental structures of their own legal systems, by bringing equal justice to every person subject to the power …
International Law As Democratic Law, Andrew Strauss
International Law As Democratic Law, Andrew Strauss
Andrew L. Strauss
No abstract provided.
Leviathan’S Rage: State Sovereignty And Crimes Against Humanity In The Late Twentieth Century, Cecil Bryant Lawson
Leviathan’S Rage: State Sovereignty And Crimes Against Humanity In The Late Twentieth Century, Cecil Bryant Lawson
Doctoral Dissertations 1896 - February 2014
This dissertation explores the relationship between state sovereignty and major instances of crimes against humanity committed in the latter 20 th century. In order to examine this dynamics of this relationship, the author analyzes the history and theory of the concept of sovereignty and examines five case studies of crimes against humanity: Cambodia under the Khmer Rouge, Argentina during the military junta from 1976 to 1983, the breakup of the former Yugoslavia, Rwanda in 1994, and the ongoing conflict in the Darfur region of Sudan. State sovereign power is shown to be an important facilitating factor in these atrocities as …
Extralegal Property, Legal Monism, And Pluralism, Daniel Bonilla Maldonado
Extralegal Property, Legal Monism, And Pluralism, Daniel Bonilla Maldonado
University of Miami Inter-American Law Review
No abstract provided.
Legitimacy And International Adjudicative Bodies, Nienke Grossman
Legitimacy And International Adjudicative Bodies, Nienke Grossman
All Faculty Scholarship
This article proposes a theory of legitimacy tailored to international courts and tribunals. In Part II of this paper, the article defines an "international adjudicative body" as a dispute resolution mechanism - also called a "court" or "tribunal" - which decides disputes between litigants, at least one of whom must be a state, and comments on this definitional choice. The analysis in this article is limited only to adjudicative bodies where states are involved as litigants because a different set of legitimacy-influencing factors may be present when only private parties are involved. Next, it lays out a theory of legitimacy …
Non-Refoulement: The Search For A Consistent Interpretation Of Article 33, Ellen F. D' Angelo
Non-Refoulement: The Search For A Consistent Interpretation Of Article 33, Ellen F. D' Angelo
Vanderbilt Journal of Transnational Law
The international community rose to the challenge of addressing mass migration with the 1951 Convention Relating to the Status of Refugees (1951 Convention). The 1951 Convention established several important concepts as binding international law, including the requirements for refugee classification and the principle of non-refoulement. The duty of non-refoulement prohibits state-parties from expelling or returning a refugee in any manner whatsoever to the frontiers or territories where his life or freedom would be threatened on account of his race, religion, nationality, membership of a particular social group, or political opinion. According to the definition in Article 33, non-refoulement is applicable …
International Security And International Law In The Northwest Passage, James Kraska
International Security And International Law In The Northwest Passage, James Kraska
Vanderbilt Journal of Transnational Law
Concern over the loss of sea ice has renewed discussions over the legal status of the Arctic and subarctic transcontinental maritime route connecting the Atlantic and Pacific Oceans, referred to as the "Northwest Passage." Over the past thirty years, Canada has maintained that the waters of the Passage are some combination of internal waters or territorial seas. Applying the rules of international law, as reflected in the 1982 United Nations Law of the Sea Convention, suggests that the Passage is a strait used for international navigation. Expressing concerns over maritime safety and security, recognition of northern sovereignty, and protection of …
The Continental Shelf Beyond 200 Nautical Miles, Vladimir Jares
The Continental Shelf Beyond 200 Nautical Miles, Vladimir Jares
Vanderbilt Journal of Transnational Law
As policymakers, academia, and the media have paid increased attention to the Arctic region, there is more evidence of a certain lack of knowledge concerning the applicable international law.
The United Nations Convention on the Law of the Sea of December 10, 1982--adopted in 1982 and in force since November 16, 1994--provides both a legal framework within which all activities in oceans and seas must be carried out and, as far as the seabed of the Arctic Ocean international law is concerned, answers to questions related to its legal status and applicable regulations.
If a coastal State wishes to delineate …
Transcript: Advocacy Before Regional Human Rights Bodies: A Cross-Regional Agenda, Victor Abramovich, Charlotte De Broutelles, Santiago Canton, Paolo Carozza, Andrew Drzemczewski, Jonathan Fanton, Leonardo Franco, Felipe González, Claudio Grossman, Elizabeth Abi-Mershed, Bahame Tom-Mukirya Nyanduga, Diane Orentlicher, Fatsah Ouguergouz, Diego Rodriguez-Pinzón, Sergio Garcia Ramirez, Manuel Ventura Robles, Pablo Saavedra
Transcript: Advocacy Before Regional Human Rights Bodies: A Cross-Regional Agenda, Victor Abramovich, Charlotte De Broutelles, Santiago Canton, Paolo Carozza, Andrew Drzemczewski, Jonathan Fanton, Leonardo Franco, Felipe González, Claudio Grossman, Elizabeth Abi-Mershed, Bahame Tom-Mukirya Nyanduga, Diane Orentlicher, Fatsah Ouguergouz, Diego Rodriguez-Pinzón, Sergio Garcia Ramirez, Manuel Ventura Robles, Pablo Saavedra
American University Law Review
No abstract provided.
The Transformation Of The Laws Of War Into Humanitarian Law, Mark Antaki
The Transformation Of The Laws Of War Into Humanitarian Law, Mark Antaki
Studio for Law and Culture
This study undertakes a genealogy of crimes against humanity. It inquires into key historical transformations that preceded the official birth of crimes against humanity in positive international law. The study brings to light changes in understandings of law, politics, and human being-together that accompany the articulation of crimes against humanity.
To speak of crimes against humanity is to speak the death of God. With the French Revolution, man displaces God as ground and measure of law and politics, leading to the articulation of crimes against humanity. The man who displaces God is “natural man,” a man who is naturally …
The "Define And Punish" Clause And The Limit Of Universal Jurisdiction, Eugene Kontorovich
The "Define And Punish" Clause And The Limit Of Universal Jurisdiction, Eugene Kontorovich
Faculty Working Papers
This Article examines whether the "Define and Punish" clause of the Constitution empowers Congress to criminalize foreign conduct unconnected to the United States. Answering this question requires exploring the Constitution's "Piracies and Felonies" provision. While it is hard to believe this can still be said of any constitutional provision, no previous work has examined the scope of the "Piracies and Felonies" powers. Yet the importance of this inquiry is more than academic. Despite its obscurity, the Piracies and Felonies power is the purported Art. I basis for a statute currently in force, which represents Congress's most aggressive use of universal …
Valuing Foreign Lives And Civilizations In Cost-Benefit Analysis: The Case Of The United States And Climate Change Policy, David A. Dana
Valuing Foreign Lives And Civilizations In Cost-Benefit Analysis: The Case Of The United States And Climate Change Policy, David A. Dana
Faculty Working Papers
This Article explores the case for including losses of foreign (non-U.S.) lives and settlements in the estimated cost to the United States of unmitigated climate change in the future. The inclusion of losses of such foreign lives and settlements in cost benefit analysis (CBA) could have large implications not only for U.S. climate change policy but also for policies adopted by other nations and the practice of CBA generally. One difficult problem is how to assess U.S. residents' willingness to pay to prevent the losses of foreign lives and settlements. This Article discusses internet-based surveys that are a first step …
Religious Freedom, Democracy, And International Human Rights, John Witte Jr., M. Christian Green
Religious Freedom, Democracy, And International Human Rights, John Witte Jr., M. Christian Green
Faculty Articles
Clearly, religion and freedom do not yet coincide in many countries, however rosy their new constitutional claims are as to religious rights and freedoms for all. Apostasy, Blasphemy, Conversion, Defamation, and Evangelization-these are the new alphabet of religious rights violation in a number of regions around the world. Occurring at the intersection of religion and international human rights, these violations are also challenges to the universality of human rights and the democratic institutions that generate and affirm them.
Sexual Violence: Standing By The Victim, Navanethem Pillay
Sexual Violence: Standing By The Victim, Navanethem Pillay
Case Western Reserve Journal of International Law
No abstract provided.
Administrative Detention In Armed Conflict, Ashley S. Deeks
Administrative Detention In Armed Conflict, Ashley S. Deeks
Case Western Reserve Journal of International Law
No abstract provided.
International Standards For Detaining Terrorism Suspects: Moving Beyond The Armed Conflict-Criminal Divide, Monica Hakimi
International Standards For Detaining Terrorism Suspects: Moving Beyond The Armed Conflict-Criminal Divide, Monica Hakimi
Case Western Reserve Journal of International Law
No abstract provided.
Global Warming Trend? The Creeping Indulgence Of Fair Use In International Copyright Law, Richard J. Peltz-Steele
Global Warming Trend? The Creeping Indulgence Of Fair Use In International Copyright Law, Richard J. Peltz-Steele
Faculty Publications
In her article Toward an International Fair Use Doctrine in 2000, Professor Ruth Okediji hypothesized that the internationalization of copyright law would threaten the freedom of expression if some doctrine akin to U.S. “fair use” were not established as an international legal norm. Acknowledging the central concern of the Okediji article, this paper analyzes research and legal developments since that article to determine how the present state of the “fair use” concept in international copyright law differs from its state in 2000. The paper concludes that in the last eight years, though there has been no formal adoption of an …
Boumediene V. Bush And Guantanamo, Cuba: Does The 'Empire Strike Back'?, Ernesto Hernandez-Lopez
Boumediene V. Bush And Guantanamo, Cuba: Does The 'Empire Strike Back'?, Ernesto Hernandez-Lopez
Ernesto A. Hernandez
Commenting on the U.S. Supreme Court decision in Boumediene v. Bush (2008) and the U.S. occupation of the Naval Station at Guantanamo Bay, Cuba, this Article argues that anomaly on the base heavily influences "War on Terror" detention jurisprudence. Anomaly is created by agreements between the U.S. and Cuba in 1903 and 1934. They affirm that the U.S. lacks sovereignty over Guantanamo but retains "complete jurisdiction and control" for an indefinite period; while Cuba has "ultimate sovereignty." Gerald Neuman labels this an "anomalous zone" with fundamental legal rules locally suspended. The base was chosen as a detention center because of …
Львова Єлизавета Олегівна. Правове Регулювання Міжнародного Економічного Правопорядку. : Дис... Канд. Наук: 12.00.11 - 2009., Elizabeth Lvova
Львова Єлизавета Олегівна. Правове Регулювання Міжнародного Економічного Правопорядку. : Дис... Канд. Наук: 12.00.11 - 2009., Elizabeth Lvova
Elizabeth Lvova
The thesis highlights the legal regulation of international economic law order (IELO). To this end the author analyzes the conceptual structure of international economic law, classic and modern approaches to the concept of international economic law, international law order, the role of Ukraine as а member of the world association in formation and development of international economic law, and also new approach to the determination of the concept and the essence of international economic law order is offered.
Beyond Retroactivity To Realizing Justice: A Theory On The Principle Of Legality In International Criminal Law Sentencing, Shahram Dana
Beyond Retroactivity To Realizing Justice: A Theory On The Principle Of Legality In International Criminal Law Sentencing, Shahram Dana
Shahram Dana
Only the innocent deserve the benefits of the principle of legality. This statement naturally offends our notions of justice. It would be unacceptable for courts of criminal justice to institutionalize such an approach. Yet, in the context of prosecuting mass atrocities, genocide, crimes against humanity, and war crimes, international criminal courts appear to be resigned to such a principle, if not openly embracing it. Although ranking among the most fundamental principles of criminal law, nulla poena sine lege (no punishment without law) receives surprisingly little attention in international criminal justice. Indeed, that it may be considered the 'poor cousin' of …
Human Rights And Genocide: The Work Of Lauterpacht And Lemkin In Modern International Law, Part I, Ana Filipa Vrdoljak
Human Rights And Genocide: The Work Of Lauterpacht And Lemkin In Modern International Law, Part I, Ana Filipa Vrdoljak
Ana Filipa Vrdoljak
2008 marked the sixtieth anniversary of the adoption of the Genocide Convention and Universal Declaration of Human Rights by the UN General Assembly. These two instruments adopted and proclaimed by then newly formed world body on successive days, 9 and 10 December 1948 respectively, represent two sides of one coin. Born of the horrors of the 1930s and 40s, the United Nations Charter speaks of human rights and to the importance of the rule of law. The Genocide Convention and UDHR are integral to the pursuit of these aims.
The work of two international lawyers, Hersch Lauterpacht and Raphael Lemkin, …
Global Threads: Weaving The Rule Of Law And The Balance Of Legal Software, Gianluigi Palombella
Global Threads: Weaving The Rule Of Law And The Balance Of Legal Software, Gianluigi Palombella
Gianluigi Palombella
The article shows how the global legal sphere attempts to compensate the lack of a system (hardware) and faces the proliferation of legal normativities (software). The author elaborates on the role of the rule of law: after stressing the ambiguities and the contestability of its current uses in the confrontations between legal orders and regulatory regimes, it is explained that the persistence and promise of the rule of law in the global setting depend on the weaving of a set of meta-rules (a special kind of software) developed through various areas and sources of legalities in the international environment. Eventually, …
International Law, Human Rights And The Transformative Occupation Of Iraq, Peter G. Danchin
International Law, Human Rights And The Transformative Occupation Of Iraq, Peter G. Danchin
Faculty Scholarship
This chapter examines the project of transformative occupation undertaken by the United States and its allies following the invasion of Iraq in 2003. More specifically, it considers the Iraqi occupation in light of two competing sensibilities in international legal argument. On one view, which I term “legal formalism”, the purpose of international law is eclectic, intersubjective and value-pluralist: to create the conditions for peaceful coexistence between different political orders and ways of life. This view is commonly associated with the liberalism of the United Nations Charter which posits both the subject of international law and its liberty in formal terms …