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- Georgia Journal of International & Comparative Law (9)
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Articles 1 - 28 of 28
Full-Text Articles in Legal History
Models And Documents: Artefacts Of International Legal Knowledge, Annelise Riles
Models And Documents: Artefacts Of International Legal Knowledge, Annelise Riles
Annelise Riles
This article draws upon one year of ethnographic research at United Nations conferences to challenge some common academic assumptions about what it means to "do" international law. The article compares the work of academic international lawyers - founded in making models of an international system - to the work of practitioners - exemplified by the work of making documents, and demonstrates the particular, peculiar nature of each kind of knowledge, from the point of view of the observer. This leads to a set of conclusions concerning how an academic study of international law influenced by an appreciation of the particularity …
The View From The International Plane: Perspective And Scale In The Architecture Of Colonial International Law, Annelise Riles
The View From The International Plane: Perspective And Scale In The Architecture Of Colonial International Law, Annelise Riles
Annelise Riles
No abstract provided.
Infinity Within The Brackets, Annelise Riles
Infinity Within The Brackets, Annelise Riles
Annelise Riles
The ethnographic subjects of this article are UN-sponsored international conferences and their legal documents. Drawing upon fieldwork among Fiji delegates at these conferences, in this article I demonstrate the centrality of matters of form, as distinct from questions of “meaning,” in the negotiation of international agreements. A parallel usage of documents and of mats among Fijian negotiators provides a heuristic device for exploring questions of pattern and scale in the aesthetics of negotiation.
Book Review: Stalking Phaedrus: International Legal Structures. David Kennedy. Baden-Baden: Nomos Verlagsgesellschaft, 1987. Pp. 294. 69,-Dm., David J. Bederman
Book Review: Stalking Phaedrus: International Legal Structures. David Kennedy. Baden-Baden: Nomos Verlagsgesellschaft, 1987. Pp. 294. 69,-Dm., David J. Bederman
Georgia Journal of International & Comparative Law
No abstract provided.
The Santissima Trinidad: The Role Of Baltimore's Privateers With The Independence Of The United Provinces, Shannon Price
The Santissima Trinidad: The Role Of Baltimore's Privateers With The Independence Of The United Provinces, Shannon Price
Legal History Publications
After the War of 1812, the maritime industry began to decline and merchants and mariners began serving as privateers for Latin American colonies ceding from Spain. This paper examines the Supreme Court decision in an action filed on behalf of the Spanish government seeking restitution for cargo seized from a Spanish vessel, the Santissima Trinidad, on the high seas by the Independencia Del Sud, a public vessel of Buenos Ayres. The Court holds that jurisdiction exists for neutrality violations as the goods were landed at Norfolk, Virginia and the public vessel had an illegal augmentation of force in a U.S. …
Panel Iii--General Discussion, Georgia Journal Of International And Comparative Law
Panel Iii--General Discussion, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
Panel I-- General Discussion, Georgia Journal Of International And Comparative Law
Panel I-- General Discussion, Georgia Journal Of International And Comparative Law
Georgia Journal of International & Comparative Law
No abstract provided.
The Process For United States Ratification Of Human Rights Instruments, Craig H. Baab
The Process For United States Ratification Of Human Rights Instruments, Craig H. Baab
Georgia Journal of International & Comparative Law
No abstract provided.
Customary Indigenous Law In The Mexican Judicial System, Jeffrey N. Gesell
Customary Indigenous Law In The Mexican Judicial System, Jeffrey N. Gesell
Georgia Journal of International & Comparative Law
No abstract provided.
Sources Of International Law, Louis B. Sohn
Sources Of International Law, Louis B. Sohn
Georgia Journal of International & Comparative Law
No abstract provided.
The Effect Of Treaties And Other Formal International Acts On The Customary Law Of Human Rights, Arthur M. Weisburd
The Effect Of Treaties And Other Formal International Acts On The Customary Law Of Human Rights, Arthur M. Weisburd
Georgia Journal of International & Comparative Law
No abstract provided.
Decolonization, Development, And Denial, Natsu Taylor Saito
Decolonization, Development, And Denial, Natsu Taylor Saito
Natsu Taylor Saito
No abstract provided.
Federal Jurisdiction Over U.S. Citizens' Claims For Violations Of The Law Of Nations In Light Of Sosa, Gwynne Skinner
Federal Jurisdiction Over U.S. Citizens' Claims For Violations Of The Law Of Nations In Light Of Sosa, Gwynne Skinner
Georgia Journal of International & Comparative Law
No abstract provided.
Watson, Walton, And The History Of Legal Transplants, John W. Cairns
Watson, Walton, And The History Of Legal Transplants, John W. Cairns
Georgia Journal of International & Comparative Law
No abstract provided.
Balancing The Scales: Adhuc Sub Judice Li Est Or Trial By Media, Casey J. Cooper
Balancing The Scales: Adhuc Sub Judice Li Est Or Trial By Media, Casey J. Cooper
Casey J Cooper
The right to freedom of expression and free press is recognized under almost all major human rights instruments and domestic legal systems—common and civil—in the world. However, what do you do when a fundamental right conflicts with another equally fundamental right, like the right to a fair trial? In the United States, the freedom of speech, encompassing the freedom of the press, goes nearly unfettered: the case is not the same for other common law countries. In light of cultural and historic facts, institutional factors, modern realities, and case-law, this Article contends that current American jurisprudence does not take into …
An Other History Of Knowledge And Decision In Precautionary Approaches To Sustainability, Saptarishi Bandopadhyay
An Other History Of Knowledge And Decision In Precautionary Approaches To Sustainability, Saptarishi Bandopadhyay
Saptarishi Bandopadhyay
In this paper, I offer an alternative reading of precaution with the hope of recovering the capacity of this ethic to facilitate legal and political decisions. Despite being a popular instrument of international environmental governance, decision-makers continue to understand this principle as reflecting an immemorial and natural instinct for preserving the environment in cases of scientific uncertainty. Such a reading, however, ignores the history and moral basis underlying this principle and thereby renders it obvious, and automatically adaptable to the politics of Sustainable Development. By offering a thicker history of precautionary governance at exemplary moments of ecological crisis I trace …
Epistemologies Of The South And Human Rights: Santos And The Quest For Global And Cognitive Justice, Jose-Manuel Barreto
Epistemologies Of The South And Human Rights: Santos And The Quest For Global And Cognitive Justice, Jose-Manuel Barreto
Indiana Journal of Global Legal Studies
This article offers an introduction to Boaventura de Sousa Santos's general philosophical orientation, explores the concepts of "abyssal thinking" and "epistemologies of the South," and draws consequences for the theory of human rights, taking into consideration the idea of rewriting the history of rights in the context of colonialism and Santos's proposal of a post-abyssal conception of rights and intercultural dialogue. This piece ends with some considerations on the cultural and political conditions for advancing a new understanding of human rights.
The Great Power Origins Of Human Rights, Seth Mohney
The Great Power Origins Of Human Rights, Seth Mohney
Michigan Journal of International Law
For years, historians depicted the history of human rights as the inexorable triumph of universal norms. This account underestimates both the historical and contemporary uncertainty surrounding many international human rights. As even casual observers must note, the tale of human rights progress is not littered with beneficent heads of state persuaded to pursue progress by the moral charge of universal norms. Instead, this history’s primary scenes feature struggles among great powers, peoples, and movements advancing diverse interests. Recognizing the complexity of human rights history, a new generation of historians has emphasized that human rights progress is not preordained, but rather …
The Federal Rules At 75: Dispute Resolution, Private Enforcement Or Decisions According To Law?, James R. Maxeiner
The Federal Rules At 75: Dispute Resolution, Private Enforcement Or Decisions According To Law?, James R. Maxeiner
Georgia State University Law Review
This essay is a critical response to the 2013 commemorations of the75th anniversary of the Federal Rules of Civil Procedure.The Federal Rules of Civil Procedure were introduced in 1938 to provide procedure to decide cases on their merits. The Rules were designed to replace decisions under the “sporting theory of justice”with decisions according to law.
By 1976, at midlife, it was clear that they were not achieving their goal. America’s proceduralists split into two sides about what to do. One side promotes rules that control and conclude litigation: e.g.,plausibility pleading, case management, limited discovery, cost indemnity for discovery, and summary …
Comparative Law In A Time Of Globalization: Some Reflections, Thomas C. Kohler
Comparative Law In A Time Of Globalization: Some Reflections, Thomas C. Kohler
Thomas C. Kohler
This piece discusses the tension between internationalization of legal ordering and the growing pressure against local and national ordering. Using Aristotle, Tocqueville, the Reception of Roman Law as forebears of the problem, I discuss three major European Court of Justice decisions (Laval, Viking and Schmidberger) as examples of the displacement of local ordering. I conclude that the task of comparative law is to focus on the importance of local ordering, keeping the human at the center and not vague principles generated by international bodies with no or little local ties.
What Is A Corporation? Liberal, Confucion, And Socialist Theories Of Enterprise Organization (And State, Family, And Personhood), Teemu Ruskola
What Is A Corporation? Liberal, Confucion, And Socialist Theories Of Enterprise Organization (And State, Family, And Personhood), Teemu Ruskola
Seattle University Law Review
What is a corporation? An easy, but not very informative, answer is that it is a legal person. More substantive answers suggest it is a moral person, a person/thing, a production team, a nexus of private agreements, a city, a semi-sovereign, or a (secular) God. Despite the economic, political, and social importance of the corporate form, we do not have a generally accepted legal theory of what a corporation is, apart from the law’s questionable assertion that it is a “person.” In this Article, the author places the idea, and law, of the corporation in a comparative context and suggests …
The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson
The Evolution Of The Digital Millennium Copyright Act; Changing Interpretations Of The Dmca And Future Implications For Copyright Holders, Hillary A. Henderson
Hillary A Henderson
Copyright law rewards an artificial monopoly to individual authors for their creations. This reward is based on the belief that, by granting authors the exclusive right to reproduce their works, they receive an incentive and means to create, which in turn advances the welfare of the general public by “promoting the progress of science and useful arts.” Copyright protection subsists . . . in original works of authorship fixed in any tangible medium of expression, now known or later developed, from which they can be perceived, reproduced, or otherwise communicated, either directly or with the aid of a machine or …
Treaty Termination As Foreign Affairs Exceptionalism, Jean Galbraith
Treaty Termination As Foreign Affairs Exceptionalism, Jean Galbraith
All Faculty Scholarship
No abstract provided.
Book Review (Reviewing International Law In The Us. Supreme Court: Continuity And Change (David L. Sloss, Michael D. Ramsey, And Williams. Dodge Eds., 2011))., Jean Galbraith
All Faculty Scholarship
No abstract provided.
Turnaround: Reflections On The Present Day Influence Of Negotiations On International Bankruptcy At The Fifth Session Of The Hague Conference On Private International Law In 1925, Susan Block-Lieb
Faculty Scholarship
In 1925, the British government sent a delegation to the Fifth Session of the Hague Conference on Private International Law. The Hague Conference had met sporadically since 1893,1 but this was the first time the British government sent a delegation to The Hague to discuss the possibility of a diplomatic convention to reach international agreement on uniform rules on what continental Europeans called “private international law” — matters of jurisdiction, applicable law and procedure. The British delegation held limited authority from the Home Office: it could participate only in deliberations on a possible convention on bankruptcy law, and then only …
Soft Law As Foreign Relations Law, Jean Galbraith, David Zaring
Soft Law As Foreign Relations Law, Jean Galbraith, David Zaring
All Faculty Scholarship
The United States increasingly relies on “soft law” and, in particular, on cooperation with foreign regulators to make domestic policy. The implementation of soft law at home is typically understood to depend on administrative law, as it is American agencies that implement the deals they conclude with their foreign counterparts. But that understanding has led courts and scholars to raise questions about whether soft law made abroad can possibly meet the doctrinal requirements of the domestic discipline. This Article proposes a new doctrinal understanding of soft law implementation. It argues that, properly understood, soft law implementation lies at the intersection …
The Bond Court's Institutional Truce, Monica Hakimi
The Bond Court's Institutional Truce, Monica Hakimi
Faculty Scholarship
As many readers are aware, Bond v. United States is a quirky case. The federal government prosecuted under the implementing legislation for the Chemical Weapons Convention (CWC) a betrayed wife who used chemical agents to try to harm her husband’s lover. The wife argued that, as applied to her, the implementing legislation violated the Tenth Amendment. She thus raised difficult questions about the scope of the treaty power and of Congress’s authority to implement treaties through the Necessary and Proper Clause. The Bond Court avoided those questions with a clear statement rule: “we can insist on a clear indication that …
Book Review Of Emmanuelle Tourme-Jouannet's "What Is A Fair International Society? International Law Between Development And Recognition, Ruti G. Teitel
Book Review Of Emmanuelle Tourme-Jouannet's "What Is A Fair International Society? International Law Between Development And Recognition, Ruti G. Teitel
Other Publications
No abstract provided.