Social and Behavioral Sciences Commons^™

The Aftermath Of Abusive Adoption Practices In The Lives Of Adoption Triad Members: Responding To Adoption Triad Members Victimized By Abusive Adoption Practices, David M. Smolin, Desiree L. Smolin

David M. Smolin

The above-titled presentation was given as a plenary presentation at the Annual Symposium of the Joint Council on International Children’s Services (JCICS) on April 18, 2012. Herein is a slightly modified version of the Power Point used at the presentation. We corrected some typos and made some editorial adjustments, but this is 99% the same as what was used at the presentation. Unfortunately the event itself was not taped.

It is important to note that the original context for this presentation is Intercountry Adoption to the United States. However, some of you may find some of these points relevant to …

Reconstructing World Politics: Norms, Discourse, And Community, Sungjoon Cho

All Faculty Scholarship

This Article argues that the conventional (rationalist) approach to world politics characterized by political bargain cannot fully capture the new social reality under the contemporary global ambience where ideational factors such as ideas, values, culture, and norms have become more salient and influential not only in explaining but also in prescribing state behaviors. After bringing rationalism’s paradigmatic limitations into relief, the Article offers a sociological framework that highlights a reflective, intersubjective communication among states and consequent norm-building process. Under this new paradigm, one can understand an international organization as a “community” (Gemeinschaft), not as a mere contractual instrument of its …

Africa, Mark J. Calaguas

Mark J Calaguas

The Africa Committee's contribution to the 2011 Year-in-Review issue of the American Bar Association Section of International Law's quarterly journal, The International Lawyer.

The Debate, David M. Smolin, Elizabeth Bartholet

David M. Smolin

This chapter is taken from a forthcoming book on Intercountry Adoption, edited by Judith L. Gibbons and Karen Smith Robati and forthcoming in June of 2012. The chapter constitutes a debate between Professor Elizabeth Bartholet and Professor David Smolin. Each independently was given three questions to answer, and then one opportunity to respond to the other's answers to those three questions, all with strict space limitations. The debate illustrates some of the starkly different perspectives regarding the law, policies, and facts relevant to intercountry adoption.

Is An International Treaty Needed To Fight Corruption And The Narco-Insurgency In Mexico?, Stuart S. Yeh

Stuart S Yeh

Mexican government corruption prevents effective law enforcement against drug traffickers and the violence associated with drug trafficking. This article reviews the nature and scope of government corruption, including a first-hand account by a Mexican state police commander, then suggests how and why an international treaty establishing United Nation (UN) inspectors who are empowered to investigate corruption at all levels of government could be effective in deterring corruption and restoring the rule of law in the U.S.–Mexico border region. The article suggests that the Rome Statute provides a model for establishing this type of treaty and a precedent for all of …

International Civil Litigation In U.S. Courts: Becoming A Paper Tiger?, Stephen B. Burbank

All Faculty Scholarship

No abstract provided.

The Impact Of Design On The Compliance Of States With International Agreements, Jakub Walko

Dissertations and Theses

This work tackles the question of the importance of design of international agreements on the compliance they elicit on all levels of the global trade regime. Discussing the international legal theories that underpin the different perspectives on this issue and scrutinizing case studies of both large and small treaties this thesis establishes the impact that elements of an agreement's structure have on its aggregate success. A case study of the GATT/WTO system illustrates the challenges of scale and diversity of trade issues while the study of the OILPOL and MARPOL environmental pollution regimes presents a lens on the practical implementation …

The Evil Technology Hypothesis: A Deep Ecological Reading Of International Law, Luigi Russi, Ugo Mattei

Luigi Russi

This short paper advances the hypothesis that international law, far from being a purely neutral “indeterminate” technology that can lend itself to both good and bad uses, might actually be structurally biased to produce exploitative outcomes. This hypothesis is presented through several steps. The first part presents Martti Koskenniemi’s indeterminacy thesis, followed by Anthony Anghie’s depiction of international law as a technology. The possibility of an inherent bias of technology, such that it will lend itself to exploitative uses, even with the best of intentions, is then introduced in Section III, using the writing of radical ecological thinkers Ran Prieur …

Toda Joia, Toda Beleza! Finding What Is Left In The Margins Or Regime Collisions: A Pluralist Take On Managerialism, Luigi Russi, Alfonso Encinas Escobar

Luigi Russi

This paper has two authors, two titles and is written in the form of a dialogue, rather than conveying a unitary voice, as one would instead expect of a coauthored paper. The reason for this is that the articulation of the authors' disagreement, despite the identification of each of them with “the left”, is precisely the object of inquiry. After briefly introducing the problem on which the authors’ discussion takes place, namely regime collisions, and the clash of approaches that are available to (decide whether to) deal with them, a dialogue follows, in which the authors’ voices are clearly separated …

Maritime Piracy And The Construction Of Global Governance, Michael Struett, Jon D. Carlson, Mark Nance

Jon D. Carlson

Enforcing Restitution Of Cultural Heritage Through Peace Agreements, Ana Filipa Vrdoljak

Ana Filipa Vrdoljak

Peace agreements have been an important source of international law in modern times. They have been especially important in the earliest formulations of the international and regional protection of cultural heritage. The significance of this source of international law making and its enforcement has become more pronounced with the exponential proliferation of peace processes and resultant agreements since the end of the Cold War. It is argued that how cultural heritage (and cultural rights) is historically dealt with in peace agreements falls broadly into three discernible categories: (1) restitution and restoration of cultural heritage as reparations between existing states, post …