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Articles 1 - 7 of 7
Full-Text Articles in Jurisprudence
Reconstituting Japanese Law: International Norms And Domestic Litigation, Timothy Webster
Reconstituting Japanese Law: International Norms And Domestic Litigation, Timothy Webster
Michigan Journal of International Law
This Essay proceeds in four parts. Part I situates these lawsuits in the context of Japan's growing ethnic diversity. Part II analyzes a decade of racial discrimination lawsuits in Japan, ultimately synthesizing the elements of a compensable act of racial discrimination under current Japanese law. Part III begins with a brief examination of the role of international law in Japan before turning to discussions between the Japanese government and U.N. bodies regarding the proper treatment of foreigners in Japan and the desirability of anti-discrimination laws. Part IV then discusses several failed attempts by national and local lawmakers to pass anti-discrimination …
Not Just Doctrine: The True Motivation For Federal Incorporation And International Human Rights Litigation, Daniel Abebe
Not Just Doctrine: The True Motivation For Federal Incorporation And International Human Rights Litigation, Daniel Abebe
Michigan Journal of International Law
This Article challenges the universalist theory of international law upon which federal incorporation of CIL and international human rights litigation rely. It unpacks the international relations (IR) theory paradigms that support the universalist theory, and discusses a competing theory that views state compliance with international law as a function of national self-interest. Working from this perspective, it proposes a framework to evaluate the wisdom of federal incorporation of CIL and the wisdom of international human rights litigation. The framework suggests that federal incorporation of CIL generates sovereignty costs for the United States, and that international human rights litigation complicates the …
African Courts, International Law, And Comparative Case Law: Chimera Or Emerging Human Rights Jurisprudence?, Mirna E. Adjami
African Courts, International Law, And Comparative Case Law: Chimera Or Emerging Human Rights Jurisprudence?, Mirna E. Adjami
Michigan Journal of International Law
Though the potential creation of a supranational human rights court has brought international attention to the African human rights system, international law and human rights scholars rarely turn to African examples when studying the domestic application of international human rights norms. This Article seeks to fill that gap by analyzing cases from several Anglophone common law countries in sub-Saharan Africa that invoke international law and comparative case law as interpretive support in their national fundamental rights jurisprudence.
International Courts And American Courts, A. Mark Weisburd
International Courts And American Courts, A. Mark Weisburd
Michigan Journal of International Law
This article seeks to deal systematically with a number of issues necessarily raised in any consideration of the relationships between American courts and international tribunals. The first section sets out the facts of Breard. The next discusses the scope of the obligations imposed by the Statute of the ICJ. The third section considers the constitutional questions at least implicit in Breard; in particular, it seeks to address the tantalizing question left open by Holmes in Missouri v. Holland: what is the "different way" in which "qualifications to the treaty-making power" are to be determined? The final substantive …
The Passive Virtues And The World Court: Pro-Dialogic Abstentation By The International Court Of Justice, Antonio F. Perez
The Passive Virtues And The World Court: Pro-Dialogic Abstentation By The International Court Of Justice, Antonio F. Perez
Michigan Journal of International Law
This article will describe how the World Court has abstained in a way that not only expresses its commitment to principled government but also implements a coordinate, participation-inducing agenda. The article argues that the most recent jurisprudence of the ICJ manifests an acceleration of this tendency in response not only to the need to conserve judicial resources in light of the increased use of the Court by States, but also, and more significantly, to the enhanced law-making activity of the political organs of the U.N.
The Changing Process Of International Law And The Role Of The World Court, J. Patrick Kelly
The Changing Process Of International Law And The Role Of The World Court, J. Patrick Kelly
Michigan Journal of International Law
Two approaches have emerged in recent American literature as to the appropriate United States attitude toward the World Court: (1) the re-acceptance of compulsory jurisdiction with various reservations to preserve vital American interests; and (2) the preservation of the status quo premised on a perception that the World Court is biased or misguided, while promoting the United States government's perspective on international law. This article argues that neither approach comes to terms with the wide disagreements about content and process in the international community. Both fail to promote the goals of an enhanced World Court or a better international legal …
Iii. Recent French Extradition Cases, Michigan Journal Of International Law
Iii. Recent French Extradition Cases, Michigan Journal Of International Law
Michigan Journal of International Law
This section of the appendix contains the first published collection of recent French extradition cases dealing with the application of the political offense exception to terrorists. Because of the selective fashion in which French decisional law is reported, many French extradition cases are never reproduced in any French case reporter. The purpose of this appendix is to provide an English speaking audience with the substance of opinions which are otherwise nearly impossible to obtain. The editors hope that this collection will aid comparative research and contribute to an informed debate on the political offense exception.