Open Access. Powered by Scholars. Published by Universities.®
- Discipline
-
- International Law (2512)
- Human Rights Law (699)
- Environmental Law (316)
- Comparative and Foreign Law (297)
- International Humanitarian Law (232)
-
- Legal History (230)
- Social and Behavioral Sciences (221)
- Military, War, and Peace (208)
- Civil Rights and Discrimination (206)
- Law and Race (184)
- Constitutional Law (176)
- International Trade Law (175)
- Construction Law (154)
- Criminal Law (139)
- Political Science (124)
- International Relations (105)
- Law and Society (103)
- Courts (98)
- Law and Politics (95)
- Conflict of Laws (94)
- Jurisdiction (91)
- Jurisprudence (90)
- Intellectual Property Law (88)
- Dispute Resolution and Arbitration (86)
- Transnational Law (86)
- Law of the Sea (82)
- Public Law and Legal Theory (80)
- Public Affairs, Public Policy and Public Administration (79)
- National Security Law (77)
- Institution
-
- Vanderbilt University Law School (456)
- Selected Works (430)
- American University Washington College of Law (213)
- SelectedWorks (144)
- Duke Law (143)
-
- Northwestern Pritzker School of Law (129)
- Case Western Reserve University School of Law (112)
- Maurer School of Law: Indiana University (106)
- University of Georgia School of Law (84)
- University of Miami Law School (83)
- Columbia Law School (79)
- Schulich School of Law, Dalhousie University (69)
- University of Colorado Law School (68)
- George Washington University Law School (63)
- Fordham Law School (61)
- U.S. Naval War College (60)
- University of Maryland Francis King Carey School of Law (54)
- Boston University School of Law (39)
- Notre Dame Law School (36)
- Georgetown University Law Center (35)
- University of Tennessee College of Law (33)
- University of Denver (32)
- University of Pittsburgh School of Law (31)
- Pepperdine University (30)
- Washington and Lee University School of Law (30)
- Nova Southeastern University (29)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (28)
- Golden Gate University School of Law (26)
- University of Pennsylvania Carey Law School (26)
- St. Mary's University (25)
- Publication
-
- Vanderbilt Journal of Transnational Law (425)
- Faculty Scholarship (233)
- Carmen G. Gonzalez (161)
- Scholarly Works (124)
- Case Western Reserve Journal of International Law (92)
-
- American University International Law Review (79)
- Articles (66)
- Faculty Working Papers (63)
- Faculty Publications (62)
- GW Law Faculty Publications & Other Works (62)
- International Law Studies (60)
- Northwestern Journal of International Law & Business (59)
- Publications (59)
- Articles in Law Reviews & Other Academic Journals (54)
- Law and Contemporary Problems (54)
- Journal Articles (53)
- Articles by Maurer Faculty (52)
- Dalhousie Law Journal (52)
- Fordham Law Review (46)
- Indiana Journal of Global Legal Studies (36)
- All Faculty Scholarship (34)
- Georgetown Law Faculty Publications and Other Works (31)
- Human Rights & Human Welfare (31)
- Human Rights Brief (27)
- University of Miami International and Comparative Law Review (25)
- ExpressO (24)
- University of Miami Inter-American Law Review (24)
- ILSA Journal of International & Comparative Law (22)
- Akron Law Review (19)
- Louisiana Law Review (19)
- Publication Type
Articles 2131 - 2160 of 3518
Full-Text Articles in Law
Linking The International Legal Framework To Building The Formal Foundations Of A "State At Risk", Michael Schoiswohl
Linking The International Legal Framework To Building The Formal Foundations Of A "State At Risk", Michael Schoiswohl
Vanderbilt Journal of Transnational Law
This Article describes and critically assesses the recent constitution-making process in Afghanistan in relation to the international legal framework. The Article provides an account of that process within the larger context of the state-building efforts as envisioned in the 2001 Bonn Agreement. Focusing on the interaction between national state-building and international normative benchmarks, the Article evaluates the extent to which the recently adopted Constitution links to the international legal framework. While paying lip service to the adherence of international law, including international human rights law, the Constitution does not adequately address the relationship between international legal obligations and municipal law. …
Harold G. Maier: A World Class Fellow Indeed, Paul M. Kurtz
Harold G. Maier: A World Class Fellow Indeed, Paul M. Kurtz
Vanderbilt Journal of Transnational Law
Hal Maier has played many roles in my life: he has been my teacher, my boss, my advisor, my colleague, and most and best of all, my friend. In all those roles, he has exhibited enthusiasm, patience, tact, and brilliance. Not at all a bad combination, I would say.
Come with me back to his classroom, circa 1970-1971. The subject is Conflict of Laws (which was required back then) or Law of the European Economic Community (which one with no interest in international law only took because of the masterful teacher). Clad in white shirt and oh-so-narrow tie which he …
Transnational Litigation: Is There A "Field"? A Tribute To Hal Maier, Linda Silberman
Transnational Litigation: Is There A "Field"? A Tribute To Hal Maier, Linda Silberman
Vanderbilt Journal of Transnational Law
I was pleased to be asked to offer a few words in honor of my friend, Professor Hal Maier, on the occasion of his retirement from Vanderbilt University Law School. I owe a particular debt of gratitude to Hal, not only because he has been a wonderful friend and colleague over the years, but also because he sparked my interest in a field to which I had only recently turned when we first met and one that now absorbs much of my time and attention. The "field"--if it can be characterized as such--is "international litigation" or "transnational litigation," and that …
The Role Of International Law In Post-Conflict Constitution-Making: Toward A Jus Post Bellum For “Interim Occupations”, Jean L. Cohen
The Role Of International Law In Post-Conflict Constitution-Making: Toward A Jus Post Bellum For “Interim Occupations”, Jean L. Cohen
NYLS Law Review
No abstract provided.
The Vexing Problem Of Authority In Humanitarian Intervention: A Proposal, Fernando R. Tesón
The Vexing Problem Of Authority In Humanitarian Intervention: A Proposal, Fernando R. Tesón
Scholarly Publications
As is well known, the doctrine of humanitarian intervention raises a host of thorny issues: the threshold for intervention, the question of proportionality, the problem of last resort, the dilemma of whether or not to codify standards and procedures, and so forth. In this paper I will not address those issues; crucial and controversial as they are; I will assume that they have been somehow settled. I will also assume that it is desirable to find alternatives to unilateral intervention. The question, then, becomes this: who should authorize humanitarian intervention? Any acceptable authorizing procedure must avoid over-intervention and abuse on …
The Current State Of International Law, S. James Anaya
The Current State Of International Law, S. James Anaya
Publications
No abstract provided.
Four Mistakes In The Debate On "Outsourcing Authority", Roger P. Alford
Four Mistakes In The Debate On "Outsourcing Authority", Roger P. Alford
Journal Articles
The purpose of this Article is to discuss common mistakes in the current debate on outsourcing authority. The first mistake in the debate on outsourcing authority is about the protagonists. To focus solely on the fact that some justices espouse this approach, while others do not, distorts the true picture of the rich debate that is ongoing at the bar, the bench, the academy, and beyond. Mistaking the voices in the debate will distort what is at issue in the discussion. The reality is much more complex. There is a groundswell of opposition to this trend from various corners and …
Creative Industries In Developing Countries And Intellectual Property Protection, Lauren Loew
Creative Industries In Developing Countries And Intellectual Property Protection, Lauren Loew
Vanderbilt Journal of Entertainment & Technology Law
International intellectual property law (hereafter referred to as IP law) has an increasingly important significance for international trade and relations. From the music industry to the drug industry, intellectual property is a lucrative market, and both individuals and corporations have a lot to lose from the infringement of intellectual property rights. For example, music is a $40 billion worldwide industry. According to the Recording Industry Association of American (RIAA), the music industry loses approximately $4.2 billion each year to worldwide piracy. Although these facts bring to light the economic losses of industries and individuals from IP infringement, the global community …
Reserving, Edward T. Swaine
Reserving, Edward T. Swaine
GW Law Faculty Publications & Other Works
The law of treaty reservations - which enables states to ask that their multilateral obligations be tailored to their individual preferences - has been controversial for over fifty years, and is at present subject to pitched battles within (and between) the International Law Commission and numerous other international institutions. There is broad agreement that existing scheme under the Vienna Convention on the Law of Treaties involves a sharp tradeoff between honoring the unalloyed consent of non-reserving states (that is, those agreeing to the treaty as originally negotiated, which may object to proposed reservations) and respecting the conditioned consent of reserving …
The Regime Of Boarding Ships In International Maritime Law, Salam Khadim Baghdad Al-Khafaji
The Regime Of Boarding Ships In International Maritime Law, Salam Khadim Baghdad Al-Khafaji
World Maritime University Dissertations
No abstract provided.
An International Train Wreck Caused In Part By A Defective Whistle: When The Extraterritorial Application Of Sox Conflicts With Foreign Laws, Ian L. Schaffer
An International Train Wreck Caused In Part By A Defective Whistle: When The Extraterritorial Application Of Sox Conflicts With Foreign Laws, Ian L. Schaffer
Fordham Law Review
No abstract provided.
Anticipating Regulation Of New Telecommunications Technologies: An Argument For The European Model, Jessica Finley
Anticipating Regulation Of New Telecommunications Technologies: An Argument For The European Model, Jessica Finley
Northwestern Journal of International Law & Business
This paper argues that the United States should look to the European Community in order to rework its telecommunications regulatory structure. More specifically, the United States should reconsider its current system of regulating various telecommunications sectors separately and follow the European Commission by developing a "single regulatory framework." By regulating the telecommunications transmission separately from telecommunications content, the United States can better anticipate emerging technologies rather than struggling to catch up with new technologies as they exceed the reach of the current regulatory framework. Part II will discuss the U.S. and European telecommunications regulatory frameworks. Part III will discuss the …
A Comparative Analysis Of Shareholder Protections In Italy And The United States: Parmalat As A Case Study, Lorenzo Segato
A Comparative Analysis Of Shareholder Protections In Italy And The United States: Parmalat As A Case Study, Lorenzo Segato
Northwestern Journal of International Law & Business
The goal of this article is to compare the protections offered to minority shareholders by the Italian system of corporate law with those offered by the U.S. legal system of corporate and securities law in order to determine if Parmalat's minority shareholders would have been better off had Parmalat been an American company listed in the U.S. financial market. This analysis will reveal several weaknesses in Italian corporate and securities laws, thereby providing a basis for suggestions on how to improve minority shareholders' rights in Italy based on the U.S. experience. Section II of this paper provides an overview of …
Merger Control Review In The United States And The European Union: Working Towards Conflict Resolution, Kathryn Fugina
Merger Control Review In The United States And The European Union: Working Towards Conflict Resolution, Kathryn Fugina
Northwestern Journal of International Law & Business
While the economy continues to grow on a global scale, large companies seeking to stay competitive must look to international markets as a means of expansion and trade. As international mergers become a more common means of accomplishing these goals, an increasing number of countries are adopting competition laws. Unfortunately, the laws of different countries and regions can, and do, come into conflict. This paper examines the merger control laws of both the United States and the European Union, why these laws sometimes conflict, and provides suggestions for possible solutions for minimizing future conflicts. Part II reviews the relevant merger …
At The Crossroads: Making Competition Law Effective In Pakistan Symposium On Competition Law And Policy In Developing Countries , Joseph Wilson
At The Crossroads: Making Competition Law Effective In Pakistan Symposium On Competition Law And Policy In Developing Countries , Joseph Wilson
Northwestern Journal of International Law & Business
Just as the first merger wave of the late 1880's in the United States resulted in the birth of Sherman Act, the recent global merger wave of the early 2000's, coupled with the growing liberalization of trade, prompted a large number of developing and transitional economies to adopt competition laws. Pakistan is one of the few developing countries with a competition law in place for more than three decades: the Monopolies and Restrictive Trade Practices Ordinance of 1970 ("MRTPO" or the "Ordinance"). While the Ordinance contained fairly strong provisions, the agency entrusted to implement it, the Monopolies Control Authority ("MCA"), …
Reviving The Nuclear Power Option In The United States: Using Domestic Energy Law To Cure Two Perceptions Of International Law Illegality, James E. Hickey Jr.
Reviving The Nuclear Power Option In The United States: Using Domestic Energy Law To Cure Two Perceptions Of International Law Illegality, James E. Hickey Jr.
Hofstra Law Review
Two perceptions, right or wrong, of international law illegality on the part of the United States have arisen in the last few years with regard to both the use of military force in Iraq and to global warming. The first perception is that the United States invaded Iraq illegally to secure a significant source of foreign oil. The second perception is that the United States ignores the letter and spirit of the evolving international climate change regime to reduce greenhouse gas ("GHG") emissions.
Both perceptions of international law illegality directly reflect the domestic growth energy policy of the United States …
The Legal Limits Of Universal Jurisdiction, Anthony J. Colangelo
The Legal Limits Of Universal Jurisdiction, Anthony J. Colangelo
Faculty Journal Articles and Book Chapters
Despite all the attention it receives from both its supporters and critics, universal jurisdiction remains one of the more confused doctrines of international law. Indeed, while commentary has focused largely and unevenly on policy and normative arguments either favoring or undercutting the desirability of its exercise, a straightforward legal analysis breaking down critical aspects of this extraordinary form of jurisdiction remains conspicuously missing. Yet universal jurisdiction's increased practice by states calls out for such a clear descriptive understanding. This Essay engages this under-treated area. It offers to explicate a basic, but overlooked, feature of the law of universal jurisdiction: If …
The Wall And The Law: A Tale Of Two Judgements, Susan M. Akram, S. Michael Lynk
The Wall And The Law: A Tale Of Two Judgements, Susan M. Akram, S. Michael Lynk
Faculty Scholarship
The seminal rulings in 2004 by the International Court of Justice and the Israeli High Court on the legality of the wall/barrier that Israel is building through the occupied West Bank and East Jerusalem provide a study in contrast. While both judgements were critical of the wall/barrier, their judicial approaches and legal conclusions were strikingly divergent, particularly given that the two courts were purporting to rely upon the same principles of international law. The judgements also elicited quite different political and diplomatic reactions, especially among the parties most involved in the Israel/Palestine conflict. This article explores the legal analysis and …
Harold Maier, Comity, And The Foreign Relations Restatement, Andreas F. Lowenfeld
Harold Maier, Comity, And The Foreign Relations Restatement, Andreas F. Lowenfeld
Vanderbilt Journal of Transnational Law
Hal Maier's career and mine have interacted in several respects. We have both served in the Legal Adviser's Office of the State Department; we have both taught Conflict of Laws as well as International Law; and we have both tried to show--I believe successfully--that there is no sharp divide between "Public International Law" and "Private International Law." In particular, we have both been interested in the reach and limits of economic regulation across international frontiers, initially in connection with antitrust and securities regulation, but also in connection with economic sanctions, pollution controls, and other interactions of governmental and private activity. …
Universal Jurisdiction And The Pirate: Time For An Old Couple To Part, Joshua M. Goodwin
Universal Jurisdiction And The Pirate: Time For An Old Couple To Part, Joshua M. Goodwin
Vanderbilt Journal of Transnational Law
For hundreds of years, the world has allowed any nation-state to exercise universal jurisdiction over high seas piracy. This has been recently codified by the United Nations in the Convention on the Law of the Seas. It has been almost universally assumed that allowing states to do this was legitimate. As this Note will argue, however, the reasons for allowing states to exercise jurisdiction in this way no longer make sense in the modern world. Further, allowing states to exercise universal jurisdiction over pirates violates the due process rights of the pirates and poses a threat to international stability. To …
Indian Givers: What Indigenous Peoples Have Contributed To International Human Rights Law, S. James Anaya
Indian Givers: What Indigenous Peoples Have Contributed To International Human Rights Law, S. James Anaya
Publications
No abstract provided.
Competition Law And Policy In Flux: The Developing Country Experience Symposium On Competition Law And Policy In Developing Countries: Introduction , David Van Zandt
Competition Law And Policy In Flux: The Developing Country Experience Symposium On Competition Law And Policy In Developing Countries: Introduction , David Van Zandt
Northwestern Journal of International Law & Business
This issue sheds light on the meaningful themes which are the driving forces in the global sphere of competition law and policy. It is also pertinent to note that the timing of this symposium is unique and coincides with the annual conference of the International Competition Network (ICN) to be held in South Africa in May 2006. The ICN is the only international body devoted exclusively to competition law enforcement and it consists of some ninety-four competition authorities from eighty-three countries. It has also become the premier international discussion forum on competition issues. With great pride, I invite you to …
Competition Advocacy: Time For A Rethink Symposium On Competition Law And Policy In Developing Countries , Simon J. Evenett
Competition Advocacy: Time For A Rethink Symposium On Competition Law And Policy In Developing Countries , Simon J. Evenett
Northwestern Journal of International Law & Business
This paper examines the conventional wisdom concerning competition advocacy, paying particular attention to the applicability of such wisdom to developing countries. The definition of competition advocacy, its evaluation, and the likelihood of its successful implementation are discussed in some detail. The paper concludes with a call for considerably more thought about what, hitherto, has been one of the relatively uncontroversial aspects of many competition authorities' activities.
Same Plant, Different Soil: Japan's New Merger Guidelines Symposium On Competition Law And Policy In Developing Countries, Salil K. Mehra
Same Plant, Different Soil: Japan's New Merger Guidelines Symposium On Competition Law And Policy In Developing Countries, Salil K. Mehra
Northwestern Journal of International Law & Business
Japan's New Merger Guidelines ("New Merger Guidelines"), issued by the Japan Fair Trade Commission ("JFTC") in May 2004, mark a turning point for antitrust in Japan. It is likely that Japan's New Merger Guidelines will be seen as a model for legal transplants in the future. Despite the similarities between Japan's New Merger Guidelines and the U.S. Horizontal Merger Guidelines ("U.S. Merger Guidelines"), Japan's New Merger Guidelines are unlikely to be a "success" in the same way that the U.S. Merger Guidelines have been a success since their adoption by the American competition agencies. Although Japan is far from a …
Taiwan's Fair Trade Act: Achieving The Right Balance Symposium On Competition Law And Policy In Developing Countries, Pijan Wu, Caroline Thomas
Taiwan's Fair Trade Act: Achieving The Right Balance Symposium On Competition Law And Policy In Developing Countries, Pijan Wu, Caroline Thomas
Northwestern Journal of International Law & Business
Adopting competition laws is part-and-parcel of a global trend. Indeed, it is striking to see how many countries first implemented competition laws within the last twenty-five years. In 2000, Frederic Jenny commented that "today between 80 and 100 countries have a competition law or are in the process of adopting one whereas ten years ago no more than 50 countries had such a law." This compares to less than ten countries in 1960. Promulgated by a Presidential Order on February 4, 1991 and coming into force one year thereafter, Taiwan's Fair Trade Act ("FTA") must be interpreted in this context. …
Development Of Competition Law In Vietnam In The Face Of Economic Reforms And Global Integration, The Symposium On Competition Law And Policy In Developing Countries, Alice Pham
Northwestern Journal of International Law & Business
This article examines the development of a competition regime in Vietnam, with all of the existing difficulties and problems. In the context of this socialist country, we examine the economic reform and integration process and the challenges of liberalization and globalization. Finally, we provide some thoughts for the future. Specifically, Section II addresses the emergence of Vietnam's competition law since the 1980's. Section III describes some of the key legal provisions of the Competition Law of Vietnam. Section IV evaluates the current challenges in the implementation of the Vietnam competition regime, while Section V proposes some recommendations.
Political Economy Of Competition Law: The Case Of Thailand, The Symposium On Competition Law And Policy In Developing Countries, Deunden Nikomborirak
Political Economy Of Competition Law: The Case Of Thailand, The Symposium On Competition Law And Policy In Developing Countries, Deunden Nikomborirak
Northwestern Journal of International Law & Business
This paper will address the political economy of competition law in Thailand. Section II will provide a historical perspective of Thai Competition Law. Section III will show what went wrong with the law's implementation since its promulgation in 1999. Section IV will assess the implications of the lack of competition law enforcement on business conduct and the establishment of a competition regime in Thailand. Section V will summarize major lessons learned in the Thai case that may be relevant to other developing countries considering adopting such a law or facing difficulties in its implementation. Finally, Section VI will draw conclusions …
Competition Policy And Practice In South Africa: Promoting Competition For Development Symposium On Competition Law And Policy In Developing Countries , Trudi Hartzenberg
Competition Policy And Practice In South Africa: Promoting Competition For Development Symposium On Competition Law And Policy In Developing Countries , Trudi Hartzenberg
Northwestern Journal of International Law & Business
South Africa's new competition policy and law were drafted during the early years of South Africa's new democracy, a period characterized by important domestic policy and regulatory reform. These reforms were not only part of the comprehensive program for the country's economic, social, and political transformation, but also its integration into the global economy after decades of isolation under the apartheid regime. In the case of competition policy, however, concerns about specific development challenges entrenched by the previous era of political and economic control, had to be explicitly reflected in the new South Africa's law and policy. It was clear …
Choice Of Law In Contracts: A Chinese Approach, Mo Zhang
Choice Of Law In Contracts: A Chinese Approach, Mo Zhang
Northwestern Journal of International Law & Business
This article attempts to emphasize that the choice of law analysis in China is distinct from that of other countries, despite the fact that many of the theories and approaches originate in Western countries. The underlying argument is that the ongoing economic reform in China has become a dramatic and driving force for change in the country. This change necessarily shapes the development of choice of law in China in a unique way, and also de. monstrates how China is getting closer to the rest of world while searching for the "China brand" theory and approach in this regard. What …
Enforcement Of Arbitral Awards Against Foreign States Or State Agencies, S.I. Strong
Enforcement Of Arbitral Awards Against Foreign States Or State Agencies, S.I. Strong
Northwestern Journal of International Law & Business
For years, U.S. courts took a highly deferential, "hands-off' approach to litigation involving a foreign sovereign. However, recent case law out of the D.C. Circuit has radically diminished the jurisdictional elements that plaintiffs must establish before a U.S. court will assert its power to enforce an arbitral award against a foreign state or state agency. This Article investigates this recent shift and describes what contacts, if any, a foreign state or state agency must have with the United States before a U.S. court will assert jurisdiction under sections 1605(a)(1) and 1605(a)(6) of the U.S. Foreign Sovereign Immunities Act ("FSIA").4 This …