Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Selected Works (3)
- University of Pittsburgh School of Law (3)
- Nova Southeastern University (2)
- University of Georgia School of Law (2)
- University of Miami Law School (2)
-
- University of Michigan Law School (2)
- Brooklyn Law School (1)
- Cleveland State University (1)
- Cornell University Law School (1)
- Florida State University College of Law (1)
- Georgetown University Law Center (1)
- Maurer School of Law: Indiana University (1)
- New York Law School (1)
- Northwestern Pritzker School of Law (1)
- Pepperdine University (1)
- Texas A&M University School of Law (1)
- Touro University Jacob D. Fuchsberg Law Center (1)
- University of Maine School of Law (1)
- University of San Diego (1)
- Washington and Lee University School of Law (1)
- Publication Year
- Publication
-
- Articles (3)
- Georgia Journal of International & Comparative Law (2)
- ILSA Journal of International & Comparative Law (2)
- Michigan Journal of International Law (2)
- University of Miami Inter-American Law Review (2)
-
- Aziz Rana (1)
- Brooklyn Journal of International Law (1)
- Cornell Law Faculty Publications (1)
- Donald J. Kochan (1)
- Faculty Scholarship (1)
- Georgetown Law Faculty Publications and Other Works (1)
- Global Tides (1)
- Indiana Journal of Global Legal Studies (1)
- Law Faculty Articles and Essays (1)
- NYLS Law Review (1)
- Northwestern Journal of International Law & Business (1)
- Ocean and Coastal Law Journal (1)
- Richard Daniel Klein (1)
- San Diego International Law Journal (1)
- Scholarly Publications (1)
- Scholarly Works (1)
- Washington and Lee Law Review (1)
- Publication Type
Articles 1 - 28 of 28
Full-Text Articles in Comparative and Foreign Law
Evolving Sovereignty Relationships Between Affiliated Jurisdictions: Lessons For Native American Jurisdictions, Vaughan Carter, Charlotte Ku, Andrew P. Morriss
Evolving Sovereignty Relationships Between Affiliated Jurisdictions: Lessons For Native American Jurisdictions, Vaughan Carter, Charlotte Ku, Andrew P. Morriss
Faculty Scholarship
Though sovereignty is principally associated with governance over a territory and freedom to act in the international arena, this article examines sovereignty as empowerment. The study tests the applicability to Native American jurisdictions of the experiences of fifteen case study jurisdictions presently associated with the United Kingdom, the Netherlands, and France in shared sovereign relationships. The focus is on the evolution of those relationships and opportunities for development where jurisdictions do not attain full control over their affairs. The case studies examine the relationships from the perspectives of political, economic, and cultural sovereignty. The article further examines the relationships in …
Grotian Moments And Statehood, Milena Sterio
Grotian Moments And Statehood, Milena Sterio
Law Faculty Articles and Essays
Grotian Moments are instances of accelerated formation of customary law, sparked by significant world events, such as wars, terrorist attacks, or natural catastrophes. This Article applies the Grotian Moment theory to the legal criteria of statehood, in an attempt to assess whether an evolution in specific elements of statehood has resulted in such paradigm-shifting Grotian Moments. In Part II, this Article analyzes the Grotian Moment theory while distinguishing it from other types of customary law formation. Part III focuses on the legal theory of statehood and each of its constitutive elements. Part IV discusses whether any such elements of statehood …
The Vulnerable Sovereign, Ronald A. Brand
The Vulnerable Sovereign, Ronald A. Brand
Articles
The connection between sovereignty and law is fundamental for both domestic (internal sovereignty) and the international (external sovereignty) purposes. As the dominant forms of government have evolved over time, so has the way in which we think about sovereignty. Consideration of the historical evolution of the concept of sovereignty offers insight into how we think of sovereignty today. A term that was born to represent the relationship between the governor and the governed has become a term that is used to represent the relationships between and among states in the global legal order. This article traces the history of the …
Book Review: Crafted Legal Ambiguity In The South China Sea Arbitration, Ariel A. Hampton
Book Review: Crafted Legal Ambiguity In The South China Sea Arbitration, Ariel A. Hampton
Ocean and Coastal Law Journal
People may initial not see the area known as the South China Sea as worthy of the trouble of an Arbitral Tribunal proceeding courtesy of the United Nations Convention on the Law of the Sea (UNCLOS), especially when they are unsure of the trouble it may bring. This area, rich in resources and firmly entrenched in various historical claims, became the subject of controversy between multiple nations. According to the NUS Centre for International Law in its book The South China Sea Arbitration: The Legal Dimension, the end to the controversy hinged on how the tribunal would choose to characterize …
Policing Against The State: United Nations Policing As Violative Of Sovereignty, Alexandra R. Harrington
Policing Against The State: United Nations Policing As Violative Of Sovereignty, Alexandra R. Harrington
San Diego International Law Journal
It is the author's contention that both parties to the policing arrangement-be they individuals, states, or organizations-give up portions of their sovereignty in the creation and maintenance of the police and policed relationship where the police are not serving the state which theoretically guards the policed. Part II of this Article provides a discussion of legal concepts of state sovereignty in international law. Part III examines the role of police in U.N. peacekeeping missions from the first peacekeeping mission entailing policing operations in the 1960s through present day operations. This examination reveals a pattern in the growth and development of …
A Case Ill Suited For Judgment: Constructing ‘A Sovereign Access To The Sea’ In The Atacama Desert, Christopher R. Rossi
A Case Ill Suited For Judgment: Constructing ‘A Sovereign Access To The Sea’ In The Atacama Desert, Christopher R. Rossi
University of Miami Inter-American Law Review
In 2015, the International Court of Justice ruled that Bolivia’s claim against Chile could proceed to the merit stage, setting up this Article’s discussion of perhaps the most intractable border dispute in South American history – Bolivia’s attempt to reclaim from Chile a ‘sovereign access to the Pacific Ocean’. This Article investigates the international law and deeply commingled regional history pertaining to the Atacama Desert region, the hyperarid yet resource-rich region through which Bolivia seeks to secure its long-lost access to the sea. Investigating the factual circumstances (effectivités), the post-colonial international legal principle of uti possidetis, territorial temptations arising …
Legal Implications Of Direct Satellite Broadcasting – The U.N. Working Group, Nancy M. Lesko
Legal Implications Of Direct Satellite Broadcasting – The U.N. Working Group, Nancy M. Lesko
Georgia Journal of International & Comparative Law
No abstract provided.
Taking To The Sea: The Modern Seasteading Movement In The Context Of Other Historical Intentional Communities, Megan Binder
Taking To The Sea: The Modern Seasteading Movement In The Context Of Other Historical Intentional Communities, Megan Binder
Indiana Journal of Global Legal Studies
Though its mission may seem to belong to the realm of science fiction-establishing self-sufficient, floating cities on the high seas-the modern seasteading movement is simply the next iteration of mankind's long quest to establish more perfect societies. If they wish to accomplish their goals, seasteaders must be prepared to confront and overcome serious obstacles on technological, social, and legal fronts. Reviewing other historical examples of intentional communities offers a glimpse of the potential challenges that are common across all such movements and suggests that, to ensure long-term success, seasteaders may benefit longterm from pursuing international recognition of sovereignty for their …
The Responsibility To Protect: Emerging Norm Or Failed Doctrine?, Camila Pupparo
The Responsibility To Protect: Emerging Norm Or Failed Doctrine?, Camila Pupparo
Global Tides
This paper seeks to investigate the current shift from the non-intervention norm towards the “Responsibility to Protect,” commonly abbreviated as “RtoP,” which actually mandates intervention in cases of humanitarian intervention disasters. I will look at the May 2011 application of the R2P doctrine to the humanitarian crisis in Libya and assess whether it was a success or a failure. Many critics of the “Responsibility to Protect” norm consider it to be yet another imperial tool used by the West to pursue national interests, so this paper analyzes this argument in detail, referring to case study examples, particularly in the Middle …
The Scottish Independence Referendum And The Principles Of Democratic Secession, Benjamin Levites
The Scottish Independence Referendum And The Principles Of Democratic Secession, Benjamin Levites
Brooklyn Journal of International Law
On September 18, 2014, Scottish voters decided whether to sever the 307 years of unity between Scotland and the United Kingdom in an independence referendum. While the voters ultimately rejected independence, the process by which the Scots accomplished this historic exercise will inform further democratic secession movements.
This Note examines the significant implications of Scotland’s independence referendum by assessing the history of independence referendums and the present scope of relevant international law. The formative history of the independence referendum and modern precedential examples established the requirements for democratic secession. In turn, the Scottish independence referendum, in the context of evolving …
Pax Arabica?: Provisional Sovereignty And Intervention In The Arab Uprisings, Asli Bâli, Aziz Rana
Pax Arabica?: Provisional Sovereignty And Intervention In The Arab Uprisings, Asli Bâli, Aziz Rana
Aziz Rana
No abstract provided.
The Kosovar Declaration Of Independence: "Botching The Balkans" Or Respecting International Law?, Milena Sterio
The Kosovar Declaration Of Independence: "Botching The Balkans" Or Respecting International Law?, Milena Sterio
Georgia Journal of International & Comparative Law
No abstract provided.
The Tragedy Of Hong Kong, Richard Klein
The Tragedy Of Hong Kong, Richard Klein
Richard Daniel Klein
While the world watched the fireworks and celebrations occurring in Hong Kong on July 1, 1997, a far sadder event was, in fact, unfolding. The people of Hong Kong, most of whom had originally fled from China -- the country which was now taking over -- have simply never experienced the basic human right of self-determination. Rule was shifting from a colonial power which had denied the people of Hong Kong their basic human rights for virtually all of its 155-year administration, to a country which, immediately upon assuming sovereignty, made it clear that democracy would remain but a dream.
Lessons For International Law From The Arab Spring, Rosa Brooks
Lessons For International Law From The Arab Spring, Rosa Brooks
Georgetown Law Faculty Publications and Other Works
Not all that begins in hope ends in happiness. In Egypt, the exuberance of Tahrir Square has given way to frustration over the resilience of the security state; in Libya, the anti-Qaddafi movement has fractured along tribal and factional lines; in Syria, as of this writing, calls for reform continue to be met with gunfire from government forces. Throughout the Middle East—from Egypt, Libya and Syria to Yemen, Tunisia, Bahrain and elsewhere—the heady excitement of 2010 has given way to a more sober awareness that enduring political change may take years, if not generations. The Arab Spring brought both progress …
Pax Arabica?: Provisional Sovereignty And Intervention In The Arab Uprisings, Asli Bâli, Aziz Rana
Pax Arabica?: Provisional Sovereignty And Intervention In The Arab Uprisings, Asli Bâli, Aziz Rana
Cornell Law Faculty Publications
No abstract provided.
Beyond Sovereignty? The State After The Failure Of Sovereignty, Eric Engle
Beyond Sovereignty? The State After The Failure Of Sovereignty, Eric Engle
ILSA Journal of International & Comparative Law
Sovereign state power, absolute and unlimited, were supposed to guarantee the lives and property of citizens. Instead, states became vectors for mass violence.
Litigating Canada-U.S. Transboundary Harm: International Lawmaking And The Threat Of Reciprocity, Shi-Ling Hsu
Litigating Canada-U.S. Transboundary Harm: International Lawmaking And The Threat Of Reciprocity, Shi-Ling Hsu
Scholarly Publications
No abstract provided.
Perspectives On Post-Conflict Constitutionalism: Reflections On Regime Change Through External Constitutionalization, Ulrich K. Preuss
Perspectives On Post-Conflict Constitutionalism: Reflections On Regime Change Through External Constitutionalization, Ulrich K. Preuss
NYLS Law Review
No abstract provided.
Sovereignty And The American Courts At The Cocktail Party Of International Law: The Dangers Of Domestic Invocations Of Foreign And International Law, Donald J. Kochan
Sovereignty And The American Courts At The Cocktail Party Of International Law: The Dangers Of Domestic Invocations Of Foreign And International Law, Donald J. Kochan
Donald J. Kochan
With increasing frequency and heightened debate, United States courts have been citing foreign and “international” law as authority for domestic decisions. This trend is inappropriate, undemocratic, and dangerous. The trend touches on fundamental concepts of sovereignty, democracy, the judicial role, and overall issues of effective governance. There are multiple problems with the judiciary’s reliance on extraterritorial and extra-constitutional foreign or international sources to guide their decisions. Perhaps the most fundamental flaw is its interference with rule of law values. To borrow from Judge Harold Levanthal, the use of international sources in judicial decision-making might be described as “the equivalent of …
Federalism And The Allocation Of Sovereignty Beyond The State In The European Union, Ronald A. Brand
Federalism And The Allocation Of Sovereignty Beyond The State In The European Union, Ronald A. Brand
Articles
Any discussion of federalism necessarily runs headlong into concepts of sovereignty, with both terms being subject to Tocqueville's statement that, in discussing federalism, "the human understanding more easily invents new things than new words." Thus, just as systems previously considered to have been "federal" at the dawn of the United States of America were something much different from what was developed for our nation at that time, so is the "federal" system of today's United States different from anything to which we make comparisons.
This article reviews a paper by Professor Peter Tettinger's, and extends his analysis. As Professor Tettinger …
Earned Sovereignty: An Emerging Conflict Resolution Approach, Paul R. Williams, Karen Heymann
Earned Sovereignty: An Emerging Conflict Resolution Approach, Paul R. Williams, Karen Heymann
ILSA Journal of International & Comparative Law
There are currently over fifty sovereignty-based conflicts throughout the world, and nearly a third of the Specially Designated Global Terrorists listed by the United States Treasury Department are associated with sovereignty-based conflicts and self-determination movements.
Changing Notions Of Sovereignty And Federalism In The International Economic System: A Reassessment Of Wto Regulation Of Federal States And The Regional And Local Governments Within Their Territories, Edward T. Hayes
Northwestern Journal of International Law & Business
International trade liberalization increasingly addresses disciplines which fall within the constitutional competence of regional and local governments. Traditional notions of nation/state sovereignty are evolving to recognize the importance of regional and local actors on the international economic scene. The ongoing evolution of international trade and sovereignty incresasingly places regional and local governments in a unique position to influence world trade, positively and negatively.
This article explores the manner in which the World Trade Organization attempts to regulate regional and local behavior. Specifically, this Article explores the inherent constitutional tension and resulting ambiguities in the WTO's effort to regulate regional and …
Sovereignty: The State, The Individual, And The International Legal System In The Twenty First Century, Ronald A. Brand
Sovereignty: The State, The Individual, And The International Legal System In The Twenty First Century, Ronald A. Brand
Articles
This essay proposes that an understanding of original concepts of sovereignty both helps explain twentieth century developments in international law and provides a proper context for coming changes in the ways in which persons relate to states, states relate to states within the international legal system, and ultimately and most importantly-the way international law affects and applies to persons. The most important developments in international law in the new century are likely not to be in state-state relationships but rather in the status and rights of the person in international law. The twentieth century process of globalization brought us back …
The Tragedy Of Hong Kong, Richard Klein
The Tragedy Of Hong Kong, Richard Klein
Scholarly Works
While the world watched the fireworks and celebrations occurring in Hong Kong on July 1, 1997, a far sadder event was, in fact, unfolding. The people of Hong Kong, most of whom had originally fled from China -- the country which was now taking over -- have simply never experienced the basic human right of self-determination. Rule was shifting from a colonial power which had denied the people of Hong Kong their basic human rights for virtually all of its 155-year administration, to a country which, immediately upon assuming sovereignty, made it clear that democracy would remain but a dream.
International Human Rights Law In United States Courts: A Comparative Perspective, Anne Bayefsky, Joan Fitzpatrick
International Human Rights Law In United States Courts: A Comparative Perspective, Anne Bayefsky, Joan Fitzpatrick
Michigan Journal of International Law
This article will catalogue the various contexts in which United States courts have agreed or refused to follow international human rights law, treating separately the larger number of cases concerning customary norms, the relatively small group of cases relating to human rights treaties, and the cases in which international norms are referenced without regard to their status as binding law. In each of these sections we will analyze areas of confusion, disagreement, or under-development in international legal doctrine that impede the productive use of human rights norms by domestic courts. We will also compare the approaches of United States courts …
The Unification Of Germany And International Law, Frans G. Von Der Dunk, Peter H. Kooijmans
The Unification Of Germany And International Law, Frans G. Von Der Dunk, Peter H. Kooijmans
Michigan Journal of International Law
What role these rights and obligations could have played is the central theme of this article. However, in view of the enormous complexity of the problems involved, this article can do no more than provide a general overview. Sections II through VII will first sketch the outlines of the rights and obligations confronting the two German States before unification. Section VIII will compare those outlines to the actual political outcome of the unification process. The former six Sections will explore a number of different contexts in which legal rights and obligations could have been found.
The Proposed New International Economic Order: A New Approach To The Law Governing Nationalization And Compensation, Francisco V. Garcia-Amador
The Proposed New International Economic Order: A New Approach To The Law Governing Nationalization And Compensation, Francisco V. Garcia-Amador
University of Miami Inter-American Law Review
No abstract provided.
Criminal Jurisdiction Over Visiting Naval Forces Under International Law, Walter F. Brown
Criminal Jurisdiction Over Visiting Naval Forces Under International Law, Walter F. Brown
Washington and Lee Law Review
No abstract provided.