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Articles 1 - 14 of 14
Full-Text Articles in International Law
Introductory Note To The Agreement Between The Republic Of Poland And The United States Of America Concerning The Deployment Of Ground-Based Ballistic Missile Defense Interceptors In The Territory Of The Republic Of Poland, David P. Fidler
Articles by Maurer Faculty
No abstract provided.
Introductory Note To The Agreement Between The Republic Of Poland And The United States Of America Concerning The Deployment Of Ground-Based Ballistic Missile Defense Interceptors In The Territory Of The Republic Of Poland, David Fidler
Articles by Maurer Faculty
No abstract provided.
Kosovo: The Day After, Timothy William Waters
Kosovo: The Day After, Timothy William Waters
Articles by Maurer Faculty
No abstract provided.
The Effects Test: Extraterritoriality’S Fifth Business, Austen L. Parrish
The Effects Test: Extraterritoriality’S Fifth Business, Austen L. Parrish
Articles by Maurer Faculty
American laws increasingly regulate the conduct of foreigners abroad. The growth in extraterritorial laws, in no small part, can be traced to the effects test - a doctrine that instructs courts to presume that Congress intended to regulate extraterritorially when foreign conduct is found to have a substantial effect within the United States. For many scholars and lawyers, the effects test is the doctrinal lynchpin for determining the geographic reach of domestic laws. Territorial limits on legislative jurisdiction, on the other hand, are seen as anachronistic; a remnant of a pre-modern, pre-globalized world.
This article takes a different, more skeptical …
Strategies For Implementing The New International Health Regulations In Federal Countries, David P. Fidler, Kumanan Wilson, Christopher Mcdougall, Harvey Lazar
Strategies For Implementing The New International Health Regulations In Federal Countries, David P. Fidler, Kumanan Wilson, Christopher Mcdougall, Harvey Lazar
Articles by Maurer Faculty
The International Health Regulations (IHR), the principal legal instrument guiding the international management of public health emergencies, have recently undergone an extensive revision process. The revised regulations, referred to as the IHR (2005), were unanimously approved in May 2005 by all Member States of the World Health Assembly (WHA) and came into effect on 15 June 2007. The IHR (2005) reflect a modernization of the international community’s approach to public health and an acknowledgement of the importance of establishing an effective international strategy to manage emergencies that threaten global health security.
The success of the IHR as a new approach …
The Blessing Of Departure: Acceptable And Unacceptable State Support For Demographic Transformation: The Lieberman Plan To Exchange Populated Territories In Cisjordan, Timothy W. Waters
The Blessing Of Departure: Acceptable And Unacceptable State Support For Demographic Transformation: The Lieberman Plan To Exchange Populated Territories In Cisjordan, Timothy W. Waters
Articles by Maurer Faculty
What limits ought there be on a state's ability to create a homogeneous society, to increase or perpetuate non-diversity, or to create hierarchies within existing diversity? This paper examines those questions with reference to the Lieberman Plan - which proposes to transfer populated territories from Israel to the Palestine in exchange for Jewish settlements on the West Bank - as an abstract exercise in demographic transformation by the state.
First the article considers if the Lieberman plan would "work": Would it create the alterations it proposes, and would those changes achieve a stable, peaceful, even just settlement? It finds that …
Influenza Virus Samples, International Law, And Global Health Diplomacy, David P. Fidler
Influenza Virus Samples, International Law, And Global Health Diplomacy, David P. Fidler
Articles by Maurer Faculty
Indonesia’s decision to withhold samples of avian influenza virus A (H5N1) from the World Health Organization for much of 2007 caused a crisis in global health. The World Health Assembly produced a resolution to try to address the crisis at its May 2007 meeting. I examine how the parties to this controversy used international law in framing and negotiating the dispute. Specifically, I analyze Indonesia’s use of the international legal principle of sovereignty and its appeal to rules on the protection of biological and genetic resources found in the Convention on Biological Diversity. In addition, I consider how the International …
From Odious Debt To Odious Finance: Avoiding The Externalities Of A Functional Odious Debt Doctrine, Christiana Ochoa
From Odious Debt To Odious Finance: Avoiding The Externalities Of A Functional Odious Debt Doctrine, Christiana Ochoa
Articles by Maurer Faculty
This Article looks at the generally agreed upon characteristics of the odious debt doctrine and considers the unintended consequences and externalities that would ensue if this doctrine were ever made regularly operative. The enlivened scholarly debate surrounding the odious debt doctrine assumes that debt is the sole finance vehicle for despotic governments. This is simply not the case.
Debt is not the sole finance vehicle; despots are able to raise funds through a wide variety of other methods. These include the pillaging of the nation's natural resources, property, and other valuable asset as well as the exploitation of the nation's …
A Different Departure: A Reply To Shany's "Redrawing Maps, Manipulating Demographics: On Exchange Of Populated Territories And Self-Determination", Timothy W. Waters
A Different Departure: A Reply To Shany's "Redrawing Maps, Manipulating Demographics: On Exchange Of Populated Territories And Self-Determination", Timothy W. Waters
Articles by Maurer Faculty
Anyone reading Yuval Shany's response to my article, "The Blessing of Departure -- Exchange of Populated Territories: The Lieberman Plan as an Abstract Exercise in Demographic Transformation," would hardly characterize it as "agreement." In part this is because Shany builds his case by assuming I am saying something about self-determination that misses -- at least misplaces -- my real point. This is unfortunate, both as it masks the fact that Shany and I actually agree transfers can be legal, and it distracts attention from the points of real, substantive disagreement. The misreading is not an accident, rather the product of …
Killing Globally, Punishing Locally?: The Still-Unmapped Ecology Of Atrocity, Timothy W. Waters
Killing Globally, Punishing Locally?: The Still-Unmapped Ecology Of Atrocity, Timothy W. Waters
Articles by Maurer Faculty
No abstract provided.
Mandatory Rules In Civil Litigation: Status Of The Doctrine Post-Globalization, Hannah Buxbaum
Mandatory Rules In Civil Litigation: Status Of The Doctrine Post-Globalization, Hannah Buxbaum
Articles by Maurer Faculty
For all the scholarly attention paid to the role of mandatory rules in civil litigation, the doctrine regarding their use has never been fully developed. Certainly courts considering contracts governed by foreign law will sometimes override that law, applying a mandatory rule of the forum in its place. But in its most expansive articulation, the "mandatory rules" theory would also permit courts in certain circumstances to apply the mandatory law of a third country - a direction in which courts have declined to go. This article examines one of the justifications forwarded by early proponents of this more expansive approach: …
Gender Politics, Gender Paradox: Establishing And Implementing Global Standards For The Promotion And Protection Of Women's Health, David P. Fidler
Gender Politics, Gender Paradox: Establishing And Implementing Global Standards For The Promotion And Protection Of Women's Health, David P. Fidler
Articles by Maurer Faculty
No abstract provided.
Global Health Jurisprudence: A Time Of Reckoning, David P. Fidler
Global Health Jurisprudence: A Time Of Reckoning, David P. Fidler
Articles by Maurer Faculty
No abstract provided.
Youth, Globalization, And The Law, Michael Grossberg
Youth, Globalization, And The Law, Michael Grossberg
Articles by Maurer Faculty
No abstract provided.