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Popular Articles

Based on downloads in January 2017

Relation Between International Law And Municipal Law, Edwin Borchard Yale Law School

Relation Between International Law And Municipal Law, Edwin Borchard

Faculty Scholarship Series

Recent events on this continent make it seem appropriate once more to discuss the much – debated question of the relation between international law and municipal law. For one school, the dualists, municipal law prevails in case of conflict; for the other school, the monists international law prevails. There are two special features about the debate which warrant mention: first, that while the disputants do not widely differ in the ultimate solution of practical problems, they do differ considerably in their major premises and in the resulting theories; and second, that the attempt of various countries on occasion to escape the ...

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Sovereignty, Human Rights, And Self-Determination: The Meaning Of International Law, Father Robert Araujo Fordham Law School

Sovereignty, Human Rights, And Self-Determination: The Meaning Of International Law, Father Robert Araujo

Fordham International Law Journal

This Essay contends that popular sovereignty and the other rights enumerated in the Universal Declaration of Human Rights (UDHR) are inextricably linked. When popular sovereignty is criticized, what will become of the other rights? The principal goal of this Essay, then, is to examine the concept of sovereignty as it relates to the practice and protection of human rights issues grounded in international law. This examination should reveal the existence of more than one kind of sovereignty: that of the State and that of the people (the nation or nations). This Essay's goal is to demonstrate that a State ...

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Drones And The International Rule Of Law, Rosa Brooks Georgetown University Law Center

Drones And The International Rule Of Law, Rosa Brooks

Georgetown Law Faculty Publications and Other Works

This essay will proceed in four parts. First, it will briefly discuss the concept of the international rule of law. Second, it will offer a short factual background on US drone strikes (to the extent that it is possible to provide factual background on a practice so shrouded in secrecy). Third, it will highlight some of the key ways in which post 9/11 US legal theories relating to the use of force challenge previously accepted concepts and seek to redefine previously well-understood terms. Fourth, it will offer brief concluding thoughts on the future of the international rule of law ...

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The Natural Person, Legal Entity Or Juridical Person And Juridical Personality, Elvia Arcelia Quintana Adriano Penn State Law

The Natural Person, Legal Entity Or Juridical Person And Juridical Personality, Elvia Arcelia Quintana Adriano

Penn State Journal of Law & International Affairs

No abstract provided.

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The Ethiopian Tax System: Excesses And Gaps, Taddese Lencho Michigan State University College of Law

The Ethiopian Tax System: Excesses And Gaps, Taddese Lencho

Michigan State International Law Review

No abstract provided.

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Rethinking Economic Governance: A Naturalistic Cosmopolitan Jurisprudence, Kevin T. Jackson Fordham University

Rethinking Economic Governance: A Naturalistic Cosmopolitan Jurisprudence, Kevin T. Jackson

Boston College International and Comparative Law Review

This Article seeks to develop a frame of reference for comprehending legitimacy structures in emerging global economic governance regimes. To that end, it provides, in contradistinction from positivist and pragmatist approaches, an alternative normative justificatory framework for soft law. As its very name suggests, soft law is a law-like phenomenon, distinct from classical notions of law, yet no less significant, and hence worthy of receiving systematic moral analysis. It is therefore reasonable to draw upon philosophy of law as an intellectual resource for undertaking such a conceptual endeavor. Accordingly, this Article examines philosophical justifications for evolving soft law syndicates that ...

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International Drug Trafficking: A Global Problem With A Domestic Solution, Matthew S. Jenner Indiana University Maurer School of Law

International Drug Trafficking: A Global Problem With A Domestic Solution, Matthew S. Jenner

Indiana Journal of Global Legal Studies

Forty years ago, the world declared war on drugs. Today, after decades of failing to adequately control drug consumption, an even graver problem has emerged: violent drug traffickers have taken the industry hostage and will stop at nothing to preserve their power. Governments have instituted dozens of programs to dismantle the illicit drug industry, but they have seen only marginal success. One strategy, however, has yet to be fully tested: universal legalization. Universal legalization of all drugs would attack the illicit drug market head-on, destroying the profit incentive for drug traffickers and placing control of the industry in the hands ...

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Globalization Of Markets And Its Impact On Domestic Institutions, S. Tamer Cavusgil Michigan State University

Globalization Of Markets And Its Impact On Domestic Institutions, S. Tamer Cavusgil

Indiana Journal of Global Legal Studies

No abstract provided.

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Terminating Treaties, Laurence R. Helfer Duke Law School

Terminating Treaties, Laurence R. Helfer

Faculty Scholarship

No abstract provided.

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The Role Of The Judiciary In The Protection Of Human Rights And Development: A Middle Eastern Perspective, Fahed Abul-Ethem Fordham Law School

The Role Of The Judiciary In The Protection Of Human Rights And Development: A Middle Eastern Perspective, Fahed Abul-Ethem

Fordham International Law Journal

One of the vital ways to keep human rights safe is by preserving the prevailing role of the judiciary. Standards developed by the judiciary have a significant beneficial effect of making the lives of people better and the accomplishment of the government's goals easier. In addition, these standards may ensure a better understanding of the relationship between the people and their government, on the one hand, and among the members of the international community, on the other. Moreover, major countries, such as the United States, have a great responsibility, by virtue of their international weight and technological advancement, to ...

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Patriots And Terrorists: Reconciling Human Rights With World Order, Nicholas N. Kittrie 2017 Selected Works

Patriots And Terrorists: Reconciling Human Rights With World Order, Nicholas N. Kittrie

Nicholas Kittrie

No abstract provided.

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Looking At The World Realistically, Nicholas N. Kittrie 2017 Selected Works

Looking At The World Realistically, Nicholas N. Kittrie

Nicholas Kittrie

No abstract provided.

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Unified National Legal Treatment Of International Commercial Arbitration: A Continuing Challenge, Horacio A. Grigera Naón 2017 American University Washington College of Law

Unified National Legal Treatment Of International Commercial Arbitration: A Continuing Challenge, Horacio A. Grigera Naón

Horacio Grigera Naón

No abstract provided.

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Public Law, Private Actors: The Impact Of Human Rights On Business Investors In China Symposium: Doing Business In China, Diane F. Orentlicher, Timothy A. Gelatt 2017 Selected Works

Public Law, Private Actors: The Impact Of Human Rights On Business Investors In China Symposium: Doing Business In China, Diane F. Orentlicher, Timothy A. Gelatt

Diane Orentlicher

Should companies invest at all in countries, like China, where severe human rights abuses are pervasive? If they do invest, should they restrict their operations to areas of the country that have a comparatively good human rights record? Are there basic principles that transnational companies should observe to ensure, at a minimum, that they do not become complicit in a host government's abrogation of universally-recognized human rights? Should such principles be enforced by Executive or congressional fiat, or should companies take primary responsibility for policing themselves? How can companies that wish to factor human rights considerations into their business ...

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Swapping Amnesty For Peace And The Duty To Prosecute Human Rights Crimes, Diane F. Orentlicher 2017 Selected Works

Swapping Amnesty For Peace And The Duty To Prosecute Human Rights Crimes, Diane F. Orentlicher

Diane Orentlicher

I am fortunate to have as a foundation for my remarks Professor Roht-Arriaza's lucid presentation of the principal sources of international law bearing on amnesties for gross violations of human rights.

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The Imprint Of Kosovo On International Law, Diane F. Orentlicher 2017 Selected Works

The Imprint Of Kosovo On International Law, Diane F. Orentlicher

Diane Orentlicher

In several respects, international responses to recent developments in Kosovo have had a significant- in some respects, profound - impact on international law

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International Criminal Law And The Cambodian Killing Fields, Diane F. Orentlicher 2017 Selected Works

International Criminal Law And The Cambodian Killing Fields, Diane F. Orentlicher

Diane Orentlicher

I have been asked to discuss various models that might be available to address crimes committed by the Khmer Rouge during its murderous reign in the 1970s.

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Regime Shift Of Ip Lawmaking And Enforcement From Wto To The International Investment Regime, James Gathii, Cynthia Ho 2017 University of Minnesota Law School

Regime Shift Of Ip Lawmaking And Enforcement From Wto To The International Investment Regime, James Gathii, Cynthia Ho

Minnesota Journal of Law, Science & Technology

No abstract provided.

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International Tax Planning As A Business Driver, Robert A. Agresta 2017 Penn State Law

International Tax Planning As A Business Driver, Robert A. Agresta

Penn State Journal of Law & International Affairs

No abstract provided.

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Fcpa Compliance Should Not 'Cost An Arm And A Leg': Assessing The Potential For Enhanced Cost-Efficiency And Effectiveness For An Anti-Corruption Compliance Program With The Implementation Of An Enterprise Legal Risk Management Framework, Garrick Apollon 2017 Penn State Law

Fcpa Compliance Should Not 'Cost An Arm And A Leg': Assessing The Potential For Enhanced Cost-Efficiency And Effectiveness For An Anti-Corruption Compliance Program With The Implementation Of An Enterprise Legal Risk Management Framework, Garrick Apollon

Penn State Journal of Law & International Affairs

No abstract provided.

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We Don't Need No Education - Is The U.S. At Risk Of Losing Its Clear Edge In Higher Education?, Ann M. Murphy 2017 Penn State Law

We Don't Need No Education - Is The U.S. At Risk Of Losing Its Clear Edge In Higher Education?, Ann M. Murphy

Penn State Journal of Law & International Affairs

No abstract provided.

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China's Nine Dash Line Claim In Light Of The Ruling By The Permanent Court Of Arbitration (12 July 2016), Ekrem Korkut, Woo Hyun Kang 2017 Penn State Law

China's Nine Dash Line Claim In Light Of The Ruling By The Permanent Court Of Arbitration (12 July 2016), Ekrem Korkut, Woo Hyun Kang

Penn State Journal of Law & International Affairs

No abstract provided.

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Behavioral Economics In International Investment Law: Bounded Rationality And The Choice Of Reservation List Modality, Tae Jung Park 2017 Penn State Law

Behavioral Economics In International Investment Law: Bounded Rationality And The Choice Of Reservation List Modality, Tae Jung Park

Penn State Journal of Law & International Affairs

No abstract provided.

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Water As A Human Right: A Case Study Of The Pakistan-India Water Conflict, Waseem Ahmad Qureshi 2017 Penn State Law

Water As A Human Right: A Case Study Of The Pakistan-India Water Conflict, Waseem Ahmad Qureshi

Penn State Journal of Law & International Affairs

No abstract provided.

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Red Riding Hood - Is Investor-State Arbitration The Big Bad Wolf?, Petra Butler 2017 Penn State Law

Red Riding Hood - Is Investor-State Arbitration The Big Bad Wolf?, Petra Butler

Penn State Journal of Law & International Affairs

No abstract provided.

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Explaining The Financial Stability Board: Path Dependency And Zealous Regulatory Apprehension, Camilo Soto Crespo 2017 Penn State Law

Explaining The Financial Stability Board: Path Dependency And Zealous Regulatory Apprehension, Camilo Soto Crespo

Penn State Journal of Law & International Affairs

No abstract provided.

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Bitcoin And The Blockchain As Possible Corporate Governance Tools: Strengths And Weaknesses, Fiammetta S. Piazza 2017 Penn State Law

Bitcoin And The Blockchain As Possible Corporate Governance Tools: Strengths And Weaknesses, Fiammetta S. Piazza

Penn State Journal of Law & International Affairs

No abstract provided.

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Masthead, 2017 Penn State Law

Masthead

Penn State Journal of Law & International Affairs

No abstract provided.

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Volume 5, Issue 2: Collected Works, 2017 Penn State Law

Volume 5, Issue 2: Collected Works

Penn State Journal of Law & International Affairs

No abstract provided.

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"Playing God?": An Examination Of The Legality Of Crispr Germline Editing Technology Under The Current International Regulatory Scheme And The Universal Declaration On The Human Genome And Human Rights, Brooke Elizabeth Hrouda 2017 University of Georgia School of Law

"Playing God?": An Examination Of The Legality Of Crispr Germline Editing Technology Under The Current International Regulatory Scheme And The Universal Declaration On The Human Genome And Human Rights, Brooke Elizabeth Hrouda

Georgia Journal of International & Comparative Law

No abstract provided.

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Popular Institutions

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Duke Law

Michigan State University College of Law

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University of Michigan Law School

Notre Dame Law School

Featured Publications

Georgia Journal of International & Comparative Law University of Georgia School of Law

Northwestern Journal of International Law & Business Northwestern University School of Law

Indiana Journal of Global Legal Studies Maurer School of Law: Indiana University

Berkeley Journal of International Law Berkeley Law

Popular Authors

Based on downloads in January 2017

Anthony D'Amato Northwestern University School of Law

Rosa Brooks Georgetown University Law Center

Laurence Helfer Duke Law School

James Hathaway University of Michigan Law School

David Fidler Indiana University Maurer School of Law

Sompong Sucharitkul Golden Gate University School of Law

Edith Brown Weiss Georgetown University Law Center

Curtis Bradley Duke Law School

Cory Lewis Boston College Law School

David Kennedy American University Washington College of Law

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