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Articles 1 - 28 of 28
Full-Text Articles in Rule of Law
Ending Corporate Anonymity: Beneficial Ownership, Sanctions Evasion, And What The United Nations Should Do About It, Vineet Chandra
Ending Corporate Anonymity: Beneficial Ownership, Sanctions Evasion, And What The United Nations Should Do About It, Vineet Chandra
Michigan Journal of International Law
In the vast majority of jurisdictions around the world, there is a generous array of corporate forms available to persons and companies looking to do business. These entities come with varying degrees of regulation regarding how much information about the businesses’ principal owners must be disclosed at the time of registration and how much of that information is subsequently available to the public. There is little policy harmonization around the world on this matter. Dictators and despots have long taken advantage of this unintended identity shield to evade sanctions which target them; in July of 2019, the Center for Advanced …
Can The Liberal Order Be Sustained? Nations, Network Effects, And The Erosion Of Global Institutions, Bryan H. Druzin
Can The Liberal Order Be Sustained? Nations, Network Effects, And The Erosion Of Global Institutions, Bryan H. Druzin
Michigan Journal of International Law
A growing retreat from multilateralism is threatening to upend the institutions that underpin the liberal international order. This article applies network theory to this crisis in global governance, arguing that policymakers can strengthen these institutions by leveraging network effect pressures. Network effects arise when networks of actors—say language speakers or users of a social media platform—interact and the value one user derives from the network increases as other users join the network (e.g., the more people who speak your language, the more useful it is because there are more people with whom you can communicate). Crucially, network effect pressures produce …
The Two Faces Of Bribery: International Corruption Pathways Meet Conflicting Legislative Regimes, Jeffrey R. Boles
The Two Faces Of Bribery: International Corruption Pathways Meet Conflicting Legislative Regimes, Jeffrey R. Boles
Michigan Journal of International Law
Suppose a government agency tasks its purchasing agent with buying a set of computer servers for the agency’s use, and the agent contacts a technology company to make the purchase. After selecting the needed servers, the agent learns of the servers’ fair market value but does not negotiate with the technology company to obtain the lowest possible price. Instead, unbeknownst to the government, the agent agrees with the technology company’s sales manager to purchase the servers on behalf of the government for an amount significantly above their fair market value, and, in return, the company agrees to give the agent …
An Emerging Norm - Determining The Meaning And Legal Status Of The Responsibility To Protect, Jonah Eaton
An Emerging Norm - Determining The Meaning And Legal Status Of The Responsibility To Protect, Jonah Eaton
Michigan Journal of International Law
The responsibility to protect, from its recent nativity in the 2001 report of the International Commission on Intervention and State Sovereignty (ICISS), is the latest round in an old debate pitting the principle of nonintervention in the internal affairs of states against allowing such intervention to prevent gross and systematic violations of human rights. Advocates for the concept see it as an important new commitment by the international community, injecting new meaning into the tragically threadbare promise to never again allow mass atrocities to occur unchallenged. ICISS offered the concept of responsibility to protect as a new way to confront …
Secrets And Lies: Intelligence Activities And The Rule Of Law In Times Of Crisis, Simon Chesterman
Secrets And Lies: Intelligence Activities And The Rule Of Law In Times Of Crisis, Simon Chesterman
Michigan Journal of International Law
This Article will consider generally the prospects for an approach to intelligence activities based on the rule of law, focusing on the problem of covertness. In particular, it will examine the debate over how law should deal with crises, epitomized by the "ticking time-bomb" hypothetical. On the one hand, some call for a pragmatic recognition that, in extremis, public officials may be required to act outside the law and should seek after-the-fact ratification of their "extra-legal measures." On the other hand, others argue that the embrace of "extra-legal measures" misconceives the rule of law, underestimates the capacity of a …
Keynote Address, Jeffrey H. Smith
Keynote Address, Jeffrey H. Smith
Michigan Journal of International Law
This afternoon, I want to touch briefly on a number of issues rather than discuss one or two to death. I chose this approach because it seemed an appropriate way to open a conference. I also chose it because I hope I can convince you that intelligence and international law interact in a way that simultaneously strengthens the law and improves intelligence; that law matters, especially in time of war; and that both good intelligence and good law have one common core value: integrity. So that you will have a sense of the perspective that I bring to this, I …
Towards A Right To Privacy In Transnational Intelligence Networks, Francesca Bignami
Towards A Right To Privacy In Transnational Intelligence Networks, Francesca Bignami
Michigan Journal of International Law
Privacy is one of the most critical liberal rights to come under pressure from transnational intelligence gathering. This Article explores the many ways in which transnational intelligence networks intrude upon privacy and considers some of the possible forms of legal redress. Part II lays bare the different types of transnational intelligence networks that exist today. Part III begins the analysis of the privacy problem by examining the national level, where, over the past forty years, a legal framework has been developed to promote the right to privacy in domestic intelligence gathering. Part IV turns to the privacy problem transnationally, when …
Individual And State Responsibility For Intelligence Gathering, Dieter Fleck
Individual And State Responsibility For Intelligence Gathering, Dieter Fleck
Michigan Journal of International Law
It is the purpose of this contribution to examine relevant norms and principles for assessing acts of intelligence gathering under international law (Part I), evaluate legal problems of attribution of such acts (Part II), and, where governments commit wrongful acts, look into circumstances precluding their wrongfulness (Part III). Based on these considerations, legal consequences for criminal accountability (Part IV) and reparation (Part V) will be discussed. Finally, some conclusions may be drawn (Part VI).
An Unrecognized State In Foreign And International Courts: The Case Of The Republic Of China On Taiwan, Pasha L. Hsieh
An Unrecognized State In Foreign And International Courts: The Case Of The Republic Of China On Taiwan, Pasha L. Hsieh
Michigan Journal of International Law
This Article provides a comparative analysis of the status of the Republic of China on Taiwan in foreign and international settings. Most existing literature written from the traditional public international law perspective focuses on Taiwan's separate statehood from China. This Article addresses an important pragmatic issue that international courts and courts in foreign countries frequently face: whether Taiwan is a "foreign State" for particular salutatory purposes in judicial proceedings. Part I of this Article provides an overview of China-Taiwan relations and the status of Taiwan under international law. I argue that the ROC on Taiwan has been a sovereign State …
International Treaty Enforcement As A Public Good: Institutional Deterrent Sanctions In International Environmental Agreements, Tseming Yang
International Treaty Enforcement As A Public Good: Institutional Deterrent Sanctions In International Environmental Agreements, Tseming Yang
Michigan Journal of International Law
This Article approaches the issues through the lens of two general questions. First, what are the functions of treaty enforcement and institutional deterrent sanctions? Second, what are the obstacles to the effective deployment of institutional deterrent sanctions in response to noncompliance? This Article elaborates on the instrumental purposes of enforcement as well as its independent normative function. Much of the analysis follows the recent stream of works that combines both international law and international relations theory. These works offer a rich understanding of the conduct of states and the functioning of international legal regimes.
Rebus Sic Stantibus: Notification Of Consular Rights After Medellin, Aaron A. Ostrovsky, Brandon E. Reavis
Rebus Sic Stantibus: Notification Of Consular Rights After Medellin, Aaron A. Ostrovsky, Brandon E. Reavis
Michigan Journal of International Law
This Comment examines, through principles of public international law and U.S. jurisprudence, the relationship between U.S. courts and the ICJ to determine if the former are indeed bound by the latter's decisions, proprio motu, or if instead some Executive action is required to make the decisions binding on the judiciary. Part of this examination will entail a discussion of the potential for dialogue between the ICJ and U.S. courts to "pierce the veil of sovereignty" that traditionally conceals the inner workings of sovereign states from the scrutiny of international tribunals. Based on this assessment, the Comment then addresses how …
Commentary To Professor Stephen D. Krasner, Jürgen Kurtz
Commentary To Professor Stephen D. Krasner, Jürgen Kurtz
Michigan Journal of International Law
Comment on Professor Stephen D. Krasner's The Hole in the Whole: Sovereignty, Shared Sovereignty, and International Law
A Commentary To Montserrat Guibernau Nations Without States: Political Communities In The Global Age, Beatrice Tice, Jason Nelson
A Commentary To Montserrat Guibernau Nations Without States: Political Communities In The Global Age, Beatrice Tice, Jason Nelson
Michigan Journal of International Law
Commentary on Professor Montserrat Guibernau's Nations Without States: Political Communities in the Global Age
Nations Without States: Political Communities In The Global Age, Montserrat Guibernau
Nations Without States: Political Communities In The Global Age, Montserrat Guibernau
Michigan Journal of International Law
The nation has become one of the most contested concepts of our times. The multifarious definitions of the nation focus on cultural, political, psychological, territorial, ethnic, and sociological principles according to different scholars, politicians, and political activists willing to shed some light into such a disputed term. Their lack of agreement suggests a major difficulty in dealing with such a complex phenomenon. The crux of the matter probably resides close to the link which has been established between nation and State, and to the common practice of using the nation as a source of political legitimacy. To be or not …
Multiple International Judicial Forums: A Reflection Of The Growing Strength Of International Law Or Its Fragmentation?, Pemmaraju Sreenivasa Rao
Multiple International Judicial Forums: A Reflection Of The Growing Strength Of International Law Or Its Fragmentation?, Pemmaraju Sreenivasa Rao
Michigan Journal of International Law
The main thrust of this presentation is to suggest that the creation of multiple international judicial tribunals is a function of the ever-expanding nature of international law and that the creation of such tribunals is a sign of the growing maturity of international law. While it is admitted that these tribunals have to be sensitive to the needs of promoting the unity and integrity of international law, a brief look at the available evidence of their functioning so far has revealed no cause for concern of fragmentation. The author will look specifically at the working of the International Tribunal for …
The Hole In The Whole: Sovereignty, Shared Sovereignty, And International Law, Stephen D. Krasner
The Hole In The Whole: Sovereignty, Shared Sovereignty, And International Law, Stephen D. Krasner
Michigan Journal of International Law
Ideally, a body of law comprises a set of coherent and consistent rules. These rules contribute to the creation of an environment that is predictable, efficacious, and just. Most international lawyers hope, expect, or believe that such a body of law can exist for the international system. This is a fool's errand.
Reply To Annika Tahvanainen, Montserrat Guibernau
Reply To Annika Tahvanainen, Montserrat Guibernau
Michigan Journal of International Law
A reply to Annika Tahvanainen's comment on Professor Montserrat Guibernau's Nations Without States: Political Communities in the Global Age
National Self-Determination And Ethnic Minorities, Olli Lagerspetz
National Self-Determination And Ethnic Minorities, Olli Lagerspetz
Michigan Journal of International Law
The paper will include three parts. In the first part, the relation between nationality and popular sovereignty is explored. In the second part, there is a somewhat analogous discussion of the concept of ethnicity. In the last part, the conclusions are applied in a discussion of ethnic nationalism.
Sub-State Nationalism And International Law, Margaret Moore
Sub-State Nationalism And International Law, Margaret Moore
Michigan Journal of International Law
This Article explores the relationship between international law, defined broadly as the principles, norms, and rules governing the international order and the aspirations for collective self-government by minority national communities. It argues that there will be increasing challenges to the current international legal rules by minority nationalists, and that it is important to develop a principled response to this challenge. It also argues that the current system privileges state actors to a great extent, and that any attempt to channel self-determination claims in a more benign, non-secessionist direction needs to address the statecentric biases of the current rules.
Diversity Or Cacophony? The Continuing Debate Over New Sources Of International Law, Kalypso Nicolaïdis, Joyce L. Tong
Diversity Or Cacophony? The Continuing Debate Over New Sources Of International Law, Kalypso Nicolaïdis, Joyce L. Tong
Michigan Journal of International Law
We have reached a point when lawyers' commissions are summoned to discuss the consequences of legal proliferation as an ill threatening the standing of international law through incompatibility or irrelevance. Should this trend towards fragmentation be reversed? Should we devise a legal non-proliferation treaty? Or should we, conversely, welcome the current diversification in the sources of law as reflecting the realities of today's world, as a reflection of the flexibility and adaptability of law when the norm of sovereignty on which it is based is itself undergoing considerable recalibration? In short: how should we deal theoretically as well as practically …
Articulating The Right To Democratic Governance In Africa, Nsongurua J. Udombana
Articulating The Right To Democratic Governance In Africa, Nsongurua J. Udombana
Michigan Journal of International Law
This Article articulates the right to democratic governance in Africa, arguing that democratic entitlement ought to acquire, if indeed it already has not acquired, a degree of legitimacy in the continent. If democratic governance is a fundamental human right, which this Article asserts it is, it follows that any African State that denies its citizens the right to any of the elements of democratic entitlement-such as free and open elections-is violating a fundamental right, which should attract responsibility. The Article begins with an examination of the patrimonial State structure in Africa and its negative impact on governance. It is a …
The Promise Of Truth Commissions In Times Of Transition, Mariah Jackson Christensen
The Promise Of Truth Commissions In Times Of Transition, Mariah Jackson Christensen
Michigan Journal of International Law
Review of Unspeakable Truths: Confronting State Terror and Atrocity by Priscilla B. Hayner
The Post-Conflict Transitional Administration Of Kosovo And The Lessons-Learned In Efforts To Establish A Judiciary And Rule Of Law, Wendy S. Betts, Scott N. Carlson, Gregory Grisvold
The Post-Conflict Transitional Administration Of Kosovo And The Lessons-Learned In Efforts To Establish A Judiciary And Rule Of Law, Wendy S. Betts, Scott N. Carlson, Gregory Grisvold
Michigan Journal of International Law
The study of post-conflict Kosovo presents an important opportunity to distill lessons that can provide guidance for future post-conflict, transitional administrations. The lessons-learned from an analysis of any post-conflict setting are many and varied. The goal of this short paper is limited to the identification of key lessons-learned in the effort to reestablish the judiciary and rule of law in post-conflict Kosovo. Even within this limited setting, this paper is not intended to provide exhaustive coverage of the issue. Rather, it is intended to provide the reader with basic information and central themes that are essential to a discussion of …
The Role Of The Presiding Judge In Garnering Respect For Decisions Of International Courts, Jean Allain
The Role Of The Presiding Judge In Garnering Respect For Decisions Of International Courts, Jean Allain
Michigan Journal of International Law
The following study considers the role that should be assumed by a presiding judge to ensure full respect for the rule of law internationally. The foundation for this study lies in an examination of the dispute settlement provisions of the Law of the Sea Convention as well as its mechanism for the settlement of disputes-the International Tribunal for the Law of the Sea. The Tribunal was called upon to deliver judgment in the MIV Saiga case. The judgment, along with the primary dissenting opinion, are considered, compared, and analyzed in order to demonstrate the extent to which the judgment is, …
International Ethics For A New Era: The Problem Of The Kind World Policeman, Fernando R. Tesón
International Ethics For A New Era: The Problem Of The Kind World Policeman, Fernando R. Tesón
Michigan Journal of International Law
Review of American Hegemony: Political Morality in a One-Superpower World by Lea Brilmayer
Custom, Power, And The Power Of Rules, Michael Byers
Custom, Power, And The Power Of Rules, Michael Byers
Michigan Journal of International Law
This article begins by explaining briefly the differing perspectives which these two general categories of scholars - those who study international law and those who study international relations - have of international society generally, and of law and power more specifically. This article exposes the fact that power is an important but largely unnoticed subject of much international legal discourse and also canvasses attempts by international relations scholars to incorporate law into their understandings of power.
Explorations At The Edge Of Time: The Prospects For World Order, Catherine Tinker
Explorations At The Edge Of Time: The Prospects For World Order, Catherine Tinker
Michigan Journal of International Law
Review of the book by Richard A. Falk.
Self-Determination, Minority Rights, And Constitutional Accommodation: The Example Of The Czech And Slovak Federal Republic, Claudia Saladin
Self-Determination, Minority Rights, And Constitutional Accommodation: The Example Of The Czech And Slovak Federal Republic, Claudia Saladin
Michigan Journal of International Law
Part I of this note will explore the concepts of self-determination and minority rights in international law and their development over time. This is particularly relevant to the countries of Central and Eastern Europe, because these concepts saw their first full flowering in the period during and following the First World War, when those countries gained their independence from the European powers. Part II will discuss the evolution of the constitutional relationship between the Czechs and the Slovaks from the constitution of the first Czechoslovak Republic to the current constitutional reforms of the CSFR. This analysis will show the emerging …