International Law Commons^™

The Commander In Chief's Authority To Combat Climate Change, Mark P. Nevitt

Mark P Nevitt

Climate change is the world’s greatest environmental threat. And it is increasingly understood as a threat to domestic and international peace and security. In recognition of this threat, the President has taken the initiative to prepare for climate change’s impact – in some cases drawing sharp objections from Congress. While both the President and Congress have certain constitutional authorities to address the national security threat posed by climate change, the precise contours of their overlapping powers are unclear. As Commander in Chief, the President has the constitutional authority to repel sudden attacks and take care that the laws are faithfully …

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 …

Turning Enemies Into Adversaries - T-Tip Negotiations And The Quest For A New Westphalia Momentum, Emanuela Matei, Horia Ciurtin

Emanuela A. Matei

Neither universalism, nor isolationism can be regarded as legitimate representations of a pluralist global society. Evidence can be brought that in economic terms the current paradigm engenders instability by enhancing inequality within and among diverse constituencies. The present-day factual reality denies the zero-sum game pattern and, together with that, the reliability of the Westphalian model. What type of legal processes should be used in order to ensure investor protection for the purpose of concluding free trade agreements between the EU and a sovereign of equal calibre? With this question in mind and against the factual reality of an enlarged EU …

How The Border Crossed Us: Filling The Gap Between Plume V. Seward And The Dispossession Of Mexican Landowners In California After 1848, 52 Clev. St. L. Rev. 297 (2005), Kim D. Chanbonpin

Kim D. Chanbonpin

No abstract provided.

Impaled On Morton's Fork: Kosovo, Crimea, And The Sui Generis Circumstance, Christopher Rossi

christopher robert rossi

Abstract: This Article investigates the problematic invocation of unique circumstances as a justification for circumventing the international law relating to use of force and state secession. Borrowing from the teachings of critical sociology, this Article addresses the lessons of NATO’s 1999 intervention in Kosovo and Kosovo’s 2008 declaration of independence from Serbia; it adapts those teachings to Russia’s 2014 annexation of Crimea. Doctrinal, state-sponsored, and international juridical attempts to conform the Kosovo events to the international rule of law mask internal and unreconciled tensions within the Charter system. These tensions, which threaten to further weaken the system and expose it …

How Leadership In International Criminal Law Is Shifting From The United States To Europe And Asia: An Analysis Of Spending On And Contributions To International Criminal Courts, 55 St. Louis U. L.J. 953 (2011), Stuart K. Ford

Stuart Ford

No abstract provided.

The Interwoven Destinies Of The United States, Colombia And Panama: On Friendship, Commerce And Navigation Treaties And International Legal Imperialism, Marco Velásquez-Ruiz

Marco A. Velásquez-Ruiz

Based on the general contention that International Law can (and has) served imperialist purposes – that is to say, extend a nation’s authority over another by establishing an effective influence on its political and economic affairs –, this paper intends to illustrate how the 1846 Friendship, Commerce and Navigation Treaty concluded between the United States and Colombia – commonly known as the Mallarino-Bidlack Treaty –was eventually used by the former as a neocolonial device on the latter. Essentially, the suggested tale on which this paper is built goes as follows: to a great extent, the United States consolidated its global …

Between The Scylla Of Legal Formalism And The Charybdis Of Policy Conceptualism: Yale's Policy Science And International Law, Hengameh Saberi

Hengameh Saberi

An invisible but enduring legacy of the New Haven School, understood through this paper’s counter-narrative, is a new vista through which to caution against the pitfalls of policy reasoning and to demand its promises. International legal theory has a relatively clear sense about abuse of deduction when found in legal interpretation, but it has little to say about similar defects in policy reasoning. Equally undertheorized are our ideas about the very concept of policy and its place in international legal argumentation. Pursued policy objectives might be principled or flexible and their application flexible or principled. So a combination of principled …

An Invisible Hand Behind: The Myth Of The Chinese Tax System, Yan Xu

Yan XU

To the casual observer, China in 2014 bears little resemblance to imperial society in place two thousand years ago. The agrarian rural society that dominated until recently has shifted to an urbanized services and manufacturing society. The emperor is long dead, along with the Republic government that followedand the subsequent Communist regime has morphed into Party led oligarchy guiding a state controlled market economy. A closer look, however, reveals a remarkable continuity of features. It seems that some aspects of life in China are more resistant to change and the continuity of these features to today indicates that some fundamental …

Critical Race Theory And Postcolonial Development Theory: Observations On Methodology, Chantal Thomas

Chantal Thomas

No abstract provided.

Global Administrative Law And Deliberative Democracy, Benedict Kingsbury, Megan A. Donaldson, Rodrigo Vallejo

Megan A Donaldson

An early framing of ‘global administrative law’ (GAL) provisionally ‘bracket[ed] the question of democracy’ as too ambitious an ideal for global administration. To many, the bracketing of democracy has appeared analytically unpersuasive and normatively dubious. This essay is an initial attempt to open the brackets and bring GAL and democracy into conversation. It addresses two separate observations: first, that democracy currently lacks tools to respond to the globalization and diffusion of political authority; and secondly, that GAL is not presently democratic — it has no room for democratic concerns in its emerging norms. The juxtaposition of democracy and GAL yields …

Editor, Negotiating State And Non-State Law: The Challenges Of Global And Local Legal Pluralism (Cambridge University Press), Michael Helfand

Michael A Helfand

No abstract provided.

Political Community In Carl Schmitt's International Legal Thinking, Markus Gunneflo

Markus Gunneflo

The Discipline Of International Law In Republican China And Contemporary Taiwan, Pasha L. Hsieh

Pasha L. HSIEH

No abstract provided.