Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- International Law and International Relations (2)
- Jurisprudence, Government, Courts, and Constitutional Law (2)
- Alien Tort Claims Act (1)
- Alien Tort Statute (1)
- Alien tort (1)
-
- Appellate Body (1)
- Article III (1)
- Cil (1)
- Constitutional Law (1)
- Constitutional law (1)
- Corporate Liability (1)
- Customary International Law (1)
- Dispute Settlement Understanding (1)
- Economic development (1)
- Federal courts (1)
- Foreign law (1)
- Human Rights (1)
- International Law (1)
- International Law & Politics (1)
- International Relations (1)
- International law (1)
- International trade (1)
- Judicial behavior (1)
- Judicialization of politics (1)
- Law and Economics (1)
- Law of Nations (1)
- Legislation (1)
- Public Choice (1)
- Reciprocity (1)
- Respect (1)
- Publication
Articles 1 - 3 of 3
Full-Text Articles in International Law
Boyakasha, Fist To Fist: Respect And The Philosophical Link With Reciprocity In International Law And Human Rights, Donald J. Kochan
Boyakasha, Fist To Fist: Respect And The Philosophical Link With Reciprocity In International Law And Human Rights, Donald J. Kochan
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
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 …
A Theoretical And Political Analysis Of The Wto Appellate Body, Shoaib A. Ghias
A Theoretical And Political Analysis Of The Wto Appellate Body, Shoaib A. Ghias
Shoaib A. Ghias
Economic liberalization not only requires rules goveming economic exchange (such as multilateral trade agreements), but also institutions (such as courts) goveming how rules are enforced. However, once courts are established to govem economic exchange, they tend to expand their competence to political and social policy. Political scientists have used this theoretical framework to explain the evolution of national (for example the U.S. Supreme Court) and quasi-intemational (for example the European Court of Justice) judicial institutions. In this article, I explain how this model can be extended to a truly intemational "judicial" institution, the WTO's Appellate Body. In short, the Appellate …