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Articles 1 - 30 of 39
Full-Text Articles in International Law
Economic Approaches To Global Regulation: Expanding The International Law And Economics Paradigm, Dan Danielsen
Economic Approaches To Global Regulation: Expanding The International Law And Economics Paradigm, Dan Danielsen
Dan Danielsen
The recent economic crisis has demonstrated with startling clarity the importance of developing a more robust framework for assessing the effects of national rules on global welfare. For more than fifty years, law and economics scholars have examined the effects of domestic legal rules on economic activity and general welfare in the United States. More recently, international law scholars have begun to use economic methods to analyze the international legal order. In this article I survey this evolving body of “international law and economics scholarship” with a view to articulating its principle methodological innovations as well as assessing its contributions …
Local Rules And A Global Economy: An Economic Policy Perspective, Dan Danielsen
Local Rules And A Global Economy: An Economic Policy Perspective, Dan Danielsen
Dan Danielsen
This article explores the growing significance and theoretical implications of ‘local rules’—such as Chinese labour standards, US financial regulation and Swiss bank secrecy rules—in the global economy. In particular, the argument developed is that Ronald Coase’s framework for analysing the effects of legal rules on economic welfare can help to reveal important weaknesses in current international legal approaches to analysing the transnational impact of local rules as well as contribute to a ‘global economic policy perspective’ better attuned to problems of power in the global regulatory order. Such a perspective will help us to see the effects of power differences …
Book Review: Differential Treatment In International Environmental Law, Maxwell Chibundu
Book Review: Differential Treatment In International Environmental Law, Maxwell Chibundu
Maxwell O. Chibundu
A review of Differential Treatment in International Environmental Law by Phillippe Cullet. Brookfield, Ashgate Publishing Co., 2003.
Book Review: International Environmental Treaties And State Behavior: Factors Influencing Cooperation, Maxwell Chibundu
Book Review: International Environmental Treaties And State Behavior: Factors Influencing Cooperation, Maxwell Chibundu
Maxwell O. Chibundu
No abstract provided.
Efficiencies In Aids Programming: The Rhetoric And The Realities, Brook Baker, David Holtzman, Jennifer Cohn
Efficiencies In Aids Programming: The Rhetoric And The Realities, Brook Baker, David Holtzman, Jennifer Cohn
Brook K. Baker
Finding “efficiencies” in global HIV programs is the buzzword of the hour. This term has peppered speeches of everyone from Global AIDS Ambassador Eric Goosby to President Clinton and Bill Gates. Even UNAIDS is utilizing new frameworks for costing HIV interventions focusing on strategic investments instead of needs-based costing. “Efficiency” here is generally taken to mean “do more with less” — save lives with fewer resources and win the war against HIV without funding increases. Although there are efficiencies to be gained, additional up-front investments are necessary to turn the tide against HIV and save future costs. It is also …
Tensions Between International Law And Domestic Responsibilities, Maxwell Chibundu
Tensions Between International Law And Domestic Responsibilities, Maxwell Chibundu
Maxwell O. Chibundu
No abstract provided.
The Uniting For Peace Resolution On The Thirtieth Anniversary Of Its Passage, Harry Reicher
The Uniting For Peace Resolution On The Thirtieth Anniversary Of Its Passage, Harry Reicher
Harry Reicher
No abstract provided.
The Jurists’ Trial And Lessons For The Rule Of Law., Harry Reicher
The Jurists’ Trial And Lessons For The Rule Of Law., Harry Reicher
Harry Reicher
No abstract provided.
Stare Decisis And Foreign Affairs, Michael Van Alstine
Stare Decisis And Foreign Affairs, Michael Van Alstine
Michael P. Van Alstine
This article examines whether the jurisprudential and institutional premises of the doctrine of stare decisis retain their validity in the field of foreign affairs. The proper role of the judicial branch in foreign affairs has provoked substantial scholarly debates—historical, institutional, normative—since the very founding of the republic. Precisely because of the sensitivity of the subject, the Supreme Court itself has both cautioned about the judicial branch’s comparative lack of expertise in the field and recognized a web of deference doctrines designed to protect against improvident judicial action. Notwithstanding all of this, however, neither the Supreme Court nor any scholar has …
The Doctors’ Trial At Nuremberg, Louise Harmon
For God, For Country, For Universalism: Sovereignty As Solidarity In Our Age Of Terror, Maxwell Chibundu
For God, For Country, For Universalism: Sovereignty As Solidarity In Our Age Of Terror, Maxwell Chibundu
Maxwell O. Chibundu
No abstract provided.
International Human Rights And The International Law Project: The Revolving Door Of Academic Discourse And Practitioner Politics, Maxwell Chibundu
International Human Rights And The International Law Project: The Revolving Door Of Academic Discourse And Practitioner Politics, Maxwell Chibundu
Maxwell O. Chibundu
No abstract provided.
Nepad And The Rebirth Of Development Theory And Praxis, Maxwell Chibundu
Nepad And The Rebirth Of Development Theory And Praxis, Maxwell Chibundu
Maxwell O. Chibundu
The Black man’s burden again has become the world’s. Not since the early part of the 1960s has the well-being of the Dark Continent attracted the level of attention that it is now generating. Spurred by a variety of motives, including humanitarianism and concerns over the potential of so-called failed states as safe harbours for transnational terrorism, the welfare of the continent has become the special concern of G8 summit meetings. The United Nations Security Council now routinely adopts mandatory resolutions under Chapter VII that expressly and in fine detail regulate military, diplomatic, legal and even commercial interactions with the …
The New Constitutional Order And Globalization, Maxwell Chibundu
The New Constitutional Order And Globalization, Maxwell Chibundu
Maxwell O. Chibundu
No abstract provided.
Law And The Political Economy Of Privatization In Sub-Saharan Africa, Maxwell Chibundu
Law And The Political Economy Of Privatization In Sub-Saharan Africa, Maxwell Chibundu
Maxwell O. Chibundu
No abstract provided.
Liberalism In The Age Of Terror: On Defining Our Barbarians, Maxwell Chibundu
Liberalism In The Age Of Terror: On Defining Our Barbarians, Maxwell Chibundu
Maxwell O. Chibundu
No abstract provided.
Governing The Commemoration Of Catastrophic Violence – The Israeli Nakba Law, Markus Gunneflo
Governing The Commemoration Of Catastrophic Violence – The Israeli Nakba Law, Markus Gunneflo
Markus Gunneflo
No abstract provided.
Conflict Of Interest That Led To The Gulf Oil Disaster, Peter J. Honigsberg
Conflict Of Interest That Led To The Gulf Oil Disaster, Peter J. Honigsberg
Peter J Honigsberg
On April 20, 2010, British Petroleum’s Deepwater Horizon drilling rig in the Gulf of Mexico exploded, killing eleven people and spilling billions of gallons of oil into the gulf. In the days and weeks that followed, the media pointed to the Minerals Management Services (MMS), the regulatory agency responsible for managing offshore drilling, as being complicit with BP. The MMS issued permits for deepwater drilling in violation of its regulations; provided hundreds of exemptions to the regulations; maintained lax monitoring and enforcement procedures; allowed the companies to draft regulations that suited their interests and objectives; and engaged in inappropriate relationships …
The Imposition Of The Death Penalty In The United States Of America: Does It Comply With International Norms?, Beverly Mcqueary Smith
The Imposition Of The Death Penalty In The United States Of America: Does It Comply With International Norms?, Beverly Mcqueary Smith
Beverly McQueary Smith
No abstract provided.
W(H)Ither Tuvalu? International Law And Disappearing States, Rosemary Rayfuse
W(H)Ither Tuvalu? International Law And Disappearing States, Rosemary Rayfuse
Rosemary Rayfuse
No abstract provided.
International Law And Disappearing States: Utilising Maritime Entitlements To Overcome The Statehood Dilemma, Rosemary Rayfuse
International Law And Disappearing States: Utilising Maritime Entitlements To Overcome The Statehood Dilemma, Rosemary Rayfuse
Rosemary Rayfuse
This paper examines the rules of international law relating to the establishment of maritime zones and their application in the case of sea level rise with particular reference to ‘disappearing states’. Substantive and procedural options for overcoming the presumption of the ambulatory nature of baselines are examined and the analysis applied to situations of inundation of island states by sea level encroachment. It is argued that it would be both inequitable and inconsistent with the objectives of the law of the sea for disappearing states to lose their maritime zones. A solution to the ‘disappearing state’ dilemma is suggested through …
Eu Migration Control: Made By Gaddafi?, Gregor Noll, Mariagiulia Giuffré
Eu Migration Control: Made By Gaddafi?, Gregor Noll, Mariagiulia Giuffré
Mariagiulia Giuffré
No abstract provided.
Costs In Investment Arbitration, Susan Franck
Through The Looking Glass: Understanding Social Science Norms For International Investment Law, Susan Franck, Calvin Garbin, Jenna Perkins
Through The Looking Glass: Understanding Social Science Norms For International Investment Law, Susan Franck, Calvin Garbin, Jenna Perkins
Susan D. Franck
When social science methods are being employed in a new context — such as the assessment of international investment law — there is value in exploring the underlying assumptions and normative baselines of the enterprise. This article and response address critiques about the methodology of an article in the Harvard International Law Journal by: (1) describing the value of social science in international investment law; (2) replicating the research using new methodologies to conduct more than 20 new tests that were still unable to ascertain the existence of a reliable relationship between development status and outcomes on the basis of …
Information Warfare And Civilian Populations: How The Law Of War Addresses A Fear Of The Unknown, Lucian Dervan
Information Warfare And Civilian Populations: How The Law Of War Addresses A Fear Of The Unknown, Lucian Dervan
Lucian E Dervan
Imagine a civilian communications system is being temporarily relied upon by an opposing military force for vital operations. If one launches a computer network attack against the communications system, the operation may disable the opposing force’s ability to function adequately and, as a result, prompt their surrender. The alternative course of action is to launch a traditional kinetic weapons attack in the hopes of inflicting enough casualties on the troops to induce surrender. Given these options, the law of war would encourage the utilization of the computer network attack because it would result in less unnecessary suffering. But is the …
The Right To Education For Roma Children Under The European Convention On Human Rights, Ida Elisabeth Koch
The Right To Education For Roma Children Under The European Convention On Human Rights, Ida Elisabeth Koch
Ida Elisabeth Koch
No abstract provided.
Finding Home In The World: A Deontological Theory Of The Right To Be Adopted, Paulo Barrozo
Finding Home In The World: A Deontological Theory Of The Right To Be Adopted, Paulo Barrozo
Paulo Barrozo
Because of the continued dominance of consequentialist views, the deontological paradigm that emerges in the form of a human rights approach to adoption faces two major and partially connected obstacles. First, and despite the fact that the human rights approach has found compelling advocates, its jurisprudential basis has yet to be fully articulated. And in part because of insufficient theorization, the emerging deontological adoption is constantly at risk of being rhetorically and practically subsumed or engulfed by the resilient consequentialist-cum-charity paradigm. This article addresses these two obstacles, laying out the foundations of a deontological theory of adoption.After the Introduction, Part …
American Prison Culture In An International Context: An Examination Of Prisons In America, The Netherlands, And Israel, Lucian Dervan
American Prison Culture In An International Context: An Examination Of Prisons In America, The Netherlands, And Israel, Lucian Dervan
Lucian E Dervan
In 2004, British authorities arrested Abu Hamza al-Masri, an Egyptian born cleric sought by the United States for his involvement in instigating terrorist attacks. As authorities prepared to extradite him in July 2010, the European Court of Human Rights issued a stay. According to the court, al-Masri’s claims that maximum-security prisons in the United States violate European human rights laws prohibiting torture and degrading treatment warranted further examination. Regardless of the eventual resolution of the al-Masri case, the European Court of Human Rights’ inability to summarily dismiss these assertions demonstrates something quite troubling. At a minimum, the court’s actions indicate …
Intrusive Monitoring: Employee Privacy Expectations Are Reasonable In Europe, Destroyed In The United States, Lothar Determann, Robert Sprague
Intrusive Monitoring: Employee Privacy Expectations Are Reasonable In Europe, Destroyed In The United States, Lothar Determann, Robert Sprague
Robert Sprague
This Article examines the contrasting policy and legal frameworks relating to data privacy in the United States and the European Union, with a particular focus on workplace privacy and intrusive surveillance technologies and practices. It examines the U.S. perspective on modern work-related employer monitoring practices, the laws giving rise to possible employee privacy rights, and specific types of employer monitoring that may lead to actionable invasions of employee privacy rights. This article then addresses the issue of employee privacy from the EU perspective, beginning with an overview of the formation of authority to protect individual privacy rights, followed by an …
The Surprising Lessons From Plea Bargaining In The Shadow Of Terror, Lucian Dervan
The Surprising Lessons From Plea Bargaining In The Shadow Of Terror, Lucian Dervan
Lucian E Dervan
Since September 11, 2001, several hundred individuals have been convicted of terrorism related charges. Of these convictions, over 80% resulted from a plea of guilty. It is surprising and counterintuitive that such a large percentage of these cases are resolved in this manner, yet, even when prosecuting suspected terrorists caught attempting suicide attacks, the power of the plea bargaining machine exerts a striking influence. As a result, a close examination of these extraordinary cases offers important insights into the forces that drive the plea bargaining system. Utilizing these insights, this article critiques two divergent and dominant theories of plea bargaining …