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Articles 1 - 15 of 15
Full-Text Articles in International Law
Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel
Gandhi’S Prophecy: Corporate Violence And A Mindful Law For Bhopal, Nehal A. Patel
Nehal A. Patel
AbstractOver thirty years have passed since the Bhopal chemical disaster began,and in that time scholars of corporate social responsibility (CSR) havediscussed and debated several frameworks for improving corporate responseto social and environmental problems. However, CSR discourse rarelydelves into the fundamental architecture of legal thought that oftenbuttresses corporate dominance in the global economy. Moreover, CSRdiscourse does little to challenge the ontological and epistemologicalassumptions that form the foundation for modern economics and the role ofcorporations in the world.I explore methods of transforming CSR by employing the thought ofMohandas Gandhi. I pay particular attention to Gandhi’s critique ofindustrialization and principle of swadeshi (self-sufficiency) …
Transnational Legal Practice Developments, Carole Silver, Robert E. Lutz, Philip T. Von Mehren, Laurel S. Terry, Peter Ehrenhaft, Clifford J. Hendel, Jonathan Goldsmith, Masahiro Shimojo
Transnational Legal Practice Developments, Carole Silver, Robert E. Lutz, Philip T. Von Mehren, Laurel S. Terry, Peter Ehrenhaft, Clifford J. Hendel, Jonathan Goldsmith, Masahiro Shimojo
Laurel S. Terry
No abstract provided.
Putting The Cart Before The Horse: A Doomed Constitutional Strategy For Negotiating The T-Tip, Emanuela Matei
Putting The Cart Before The Horse: A Doomed Constitutional Strategy For Negotiating The T-Tip, Emanuela Matei
Emanuela A. Matei
No abstract provided.
Jurisdictional Standards (And Rules), Adam I. Muchmore
Jurisdictional Standards (And Rules), Adam I. Muchmore
Adam I. Muchmore
This Article uses the jurisprudential dichotomy between two opposing types of legal requirements — “rules” and “standards” — to examine extraterritorial regulation by the United States. It argues that there is natural push toward standards in extraterritorial regulation because numerous institutional actors either see standards as the best option in extraterritorial regulation or accept standards as a second-best option when their first choice (a rule favorable to their interests or their worldview) is not feasible. The Article explores several reasons for this push toward standards, including: statutory text, statutory interpretation theories, the nonbinary nature of the domestic/foreign characterization, the tendency …
Reparations Decisions And Dilemmas, Naomi Roht-Arriaza
Reparations Decisions And Dilemmas, Naomi Roht-Arriaza
Naomi Roht-Arriaza
No abstract provided.
Universal Jurisdiction: Steps Forward, Steps Back, Naomi Roht-Arriaza
Universal Jurisdiction: Steps Forward, Steps Back, Naomi Roht-Arriaza
Naomi Roht-Arriaza
No abstract provided.
The Pinochet Precedent And Universal Jurisdiction, Naomi Roht-Arriaza
The Pinochet Precedent And Universal Jurisdiction, Naomi Roht-Arriaza
Naomi Roht-Arriaza
No abstract provided.
The Eu's Human Rights Obligations Towards Distant Strangers, Aravind Ganesh
The Eu's Human Rights Obligations Towards Distant Strangers, Aravind Ganesh
Aravind Ganesh
The EU has perfect human rights obligations towards distant strangers. My argument has two limbs: Firstly, in numerous policy areas, the EU asserts jurisdiction via ‘territorial extension’, which combines territorially limited enforcement jurisdiction with a claim of geographically unbounded prescriptive jurisdiction. Doctrinally, this strongly resembles the Lotus principle, and viewed analytically, amounts to a claim not just of power but of political authority. Thus, the EU creates not just factual effects, but legal effects abroad. Secondly, assertions of political authority, even if only de facto, give rise to perfect human rights obligations. I illustrate this by reference to the Strasbourg …
Trust And Good-Faith Taken To A New Level: An Analysis Of Inconsistent Behavior In The Brazilian Legal Order, Thiago Luis Sombra
Trust And Good-Faith Taken To A New Level: An Analysis Of Inconsistent Behavior In The Brazilian Legal Order, Thiago Luis Sombra
Thiago Luís Santos Sombra
With the changes in the paradigm of voluntarism developed under the protection of liberalism, the bases for legal acts have reached an objective dimension, resulting in the birth of a number of mechanisms of control of private autonomy. Among these mechanisms, we can point out the relevance of those reinforced by the Roman Law, whose high ethical value underlines one of its biggest virtues in the control of the exercise of subjective rights. The prohibition of inconsistent behavior, conceived in the brocard venire contra factum proprium, constitutes one of the concepts from the Roman Law renown for the protection …
A New International Human Rights Court For West Africa: The Ecowas Community Court Of Justice, Karen J. Alter, Laurence R. Helfer, Jacqueline R. Mcallister
A New International Human Rights Court For West Africa: The Ecowas Community Court Of Justice, Karen J. Alter, Laurence R. Helfer, Jacqueline R. Mcallister
Jacqueline McAllister
The ECOWAS Community Court of Justice (ECCJ) is an increasingly active and bold international adjudicator of human rights violations in West Africa. Since acquiring jurisdiction over human rights issues in 2005, the ECCJ has issued several path-breaking judgments, including against the Gambia for the torture of journalists, against Niger for condoning modern forms of slavery, and against Nigeria for failing to regulate the multinational oil companies that polluted the Niger Delta. This article explains why ECOWAS member states authorized the ECCJ to review human rights suits by individuals but did not allow private actors to complain about violations of regional …
Is A Foreign State A "Person"? Does It Matter?: Personal Jurisdiction, Due Process, And The Foreign Sovereign Immunities Act, 34 N.Y.U. J. Int'l L. & Pol. 115 (2001), Karen H. Cross
Karen Halverson Cross
No abstract provided.
The Detention And Trial Of Enemy Combatants: A Drama In Three Branches, Michael C. Dorf
The Detention And Trial Of Enemy Combatants: A Drama In Three Branches, Michael C. Dorf
Michael C. Dorf
No abstract provided.
Power And Responsibility, André Nollkaemper
Power And Responsibility, André Nollkaemper
André Nollkaemper
This paper critically reviews the popular proposition that 'power breeds responsibility'. It first explains why this proposition is intuitively appealing. Particularly in situations where multiple actors contribute to harm, power can be a criterion for determining who of a multitude of actors should bear responsibility. For instance, much of the case law on extra territorial human rights protection is based on a concept of power. The paper then explains why this intuition can be misleading. Saying that power informs responsibility is begging the question what type of power triggers what type of responsibility in what way. The paper focuses in …
Functional Immunity Of State Officials Before The International Law Commission, Chimene I. Keitner
Functional Immunity Of State Officials Before The International Law Commission, Chimene I. Keitner
Chimene I Keitner
No abstract provided.
Horizontal Enforcement And The Ilc’S Proposed Draft Articles On The Immunity Of State Officials From Foreign Criminal Jurisdiction, Chimene I. Keitner
Horizontal Enforcement And The Ilc’S Proposed Draft Articles On The Immunity Of State Officials From Foreign Criminal Jurisdiction, Chimene I. Keitner
Chimene I Keitner
No abstract provided.