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Articles 1 - 11 of 11
Full-Text Articles in Rule of Law
Human Rights Approaches Of Corruption Control Mechanisms - Enhancing The Hong Kong Experience Of Corruption Prevention Strategies, C. Raj Kumar
San Diego International Law Journal
This Article is intended to make a case for promoting transparency in governance policies from a human rights perspective so as to argue for the development of a human right to good governance in Hong Kong. Secondly, it analyzes the work of the Independent Commission against Corruption (ICAC) in Hong Kong and addresses certain concerns in improving the efficiency of the ICAC. Thirdly, it argues that rights against corruption in Hong Kong should move beyond a law enforcement and public policy issue and attain the status of a human right. Fourthly, this Article examines the growth and development of international …
Conclusion: The Rule Of Law Among Countries, Stephen C. Mccaffrey
Conclusion: The Rule Of Law Among Countries, Stephen C. Mccaffrey
McGeorge School of Law Scholarly Articles
No abstract provided.
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 …