Beyond Compliance: Rethinking Why International Law Really Matters,
2010
New York Law School
Beyond Compliance: Rethinking Why International Law Really Matters, Robert Howse, Ruti G. Teitel
Articles & Chapters
The conceptual, and more recently empirical, study of compliance has become a central preoccupation, and perhaps the fastest growing sub-field, in international legal scholarship. The authors seek to put in question this trend. They argue that looking at the aspirations of international law through the lens of rule-compliance leads to inadequate scrutiny and understanding of the diverse complex purposes and projects that multiple actors impose and transpose on international legality, and especially a tendency to oversimplify if not distort the relation of international law to politics. Citing a range of examples from different areas of internationallaw-ranging widely from international trade …
The Structure Of Terrorism Threats And The Laws Of War,
2010
Columbia Law School
The Structure Of Terrorism Threats And The Laws Of War, Matthew C. Waxman
Faculty Scholarship
This article considers a major debate in the American and European counterterrorism analytic community – whether the primary terrorist threat to the West is posed by hierarchical, centralized terrorist organizations operating from geographic safe havens, or by radicalized individuals conducting a loosely organized, ideologically common but operationally independent fight against western societies – and this debate’s implications for both jus ad bellum and jus in bello. Analysis of how the law of armed conflict might be evolving to deal with terrorism should engage in more nuanced and sophisticated examination of how terrorism threats are themselves evolving. Moreover, the merits of …
Delphic Dictum: How Has The Icj Contributed To The Global Rule Of Law By Its Ruling On Kovoso Kosovo In The Icj - The Case,
2010
New York Law School
Delphic Dictum: How Has The Icj Contributed To The Global Rule Of Law By Its Ruling On Kovoso Kosovo In The Icj - The Case, Robert Howse, Ruti Teitel
Articles & Chapters
No abstract provided.
Making Social Rights Conditional: Lessons From India,
2010
Columbia Law School
Making Social Rights Conditional: Lessons From India, Madhav Khosla
Faculty Scholarship
Recent years have witnessed important advancements in the discussion on social rights. The South African experience with social rights has revealed how such rights can be protected without providing for an individualized remedy. Comparative constitutional lawyers now debate the promise of the South African approach, and the possibility of weak-form judicial review in social rights cases. This article considers the Indian experience with social rights, and explains how it exhibits a new form of social rights adjudication. This is the adjudication of a conditional social right; an approach that displays a rare private law model of public law adjudication. This …
Sexual Rights And State Governance,
2010
Columbia Law School
Sexual Rights And State Governance, Katherine M. Franke
Faculty Scholarship
We sit at an interesting juncture in the evolution (in some cases, devolution) of the idea of sexual rights in international law. For at the very moment that we are experiencing a retraction in both domestic and international commitments to rights associated with sexual and reproductive health, we see sexual rights of a less-reproductive nature gaining greater uptake and acceptance. It is the moral hazard associated with perceived gains in the domain of international rights for lesbians and gay men that I want to address today. In the end, the point I want to bring home is that a particular …
Loving Humanity While Accepting Real People: A Critique And A Cautious Affirmation,
2009
Boston College Law School
Loving Humanity While Accepting Real People: A Critique And A Cautious Affirmation, Daniel Kanstroom, David Hollenbach
Daniel Kanstroom
No abstract provided.
The Anthropocene, Autopoiesis And The Disingenuousness Of The Genuine Link: Addressing Enforcement Gaps In The Legal Regime For Areas Beyond National Jurisdiction,
2009
Lund University
The Anthropocene, Autopoiesis And The Disingenuousness Of The Genuine Link: Addressing Enforcement Gaps In The Legal Regime For Areas Beyond National Jurisdiction, Rosemary Rayfuse
Rosemary Rayfuse
No abstract provided.
International Legal Developments In Review: Family Law,
2009
University of Oklahoma Norman Campus
International Legal Developments In Review: Family Law, Robert Spector, Brad Lechman-Su
Robert G. Spector
No abstract provided.
Perspectives On Fundamental Rights In South Asia,
2009
Drexel University School of Law; University of California, Berkeley, School of Law
Perspectives On Fundamental Rights In South Asia, Anil Kalhan
Anil Kalhan
This symposium issue of the Drexel Law Review marks the anticipated launch of a proposed new section on Law and South Asian Studies of the Association of American Law Schools, including several contributions that were initially presented during a session of the proposed section at AALS Annual Meeting for 2010. The proposed AALS section comes at a moment of heightened interest in the region among lawyers, policymakers, and the public at large in the United States, and is part of a rapidly growing constellation of scholarly initiatives on law in South Asia that have emerged internationally in recent years. In …
Economic Harm As A Basis For Refugee Status And The Application Of Human Rights Law To The Interpretation Of Economic Persecution,
2009
Berkeley Law
Economic Harm As A Basis For Refugee Status And The Application Of Human Rights Law To The Interpretation Of Economic Persecution, Kate Jastram
Kate Jastram
No abstract provided.
Collective Discursive Democracy And International Law Personality For Transnational Enterprises,
2009
Washington and Lee University School of Law
Collective Discursive Democracy And International Law Personality For Transnational Enterprises, Russell Miller
Russell A. Miller
No abstract provided.
Nuclear Containment For The Twenty-First Century; A Mandatory Nuclear Forensics Data Bank,
2009
University of San Francisco
Nuclear Containment For The Twenty-First Century; A Mandatory Nuclear Forensics Data Bank, Jack Garvey
Jack I Garvey
This article is a response to the challenge of nuclear non-proliferation for the 21st century. It describes the new landscape of nuclear risk and explains the role that the extraordinary developments in nuclear forensics science can play in generating an expansive deterrence to improve nuclear security by governments, and diminish the nuclear risk presented by terrorists and other non-state actors. Exploring the potential of nuclear forensics science, it provides the analysis to understand why that potential is not being realized. The article then proposes, as a practical and achievable foundation for a new and expansive deterrence, the establishment of an …
Jurisdiction And Internet In Relation To Commercial Law Disputes In A European Context,
2009
Lund University, Faculty of Law
Jurisdiction And Internet In Relation To Commercial Law Disputes In A European Context, Ulf Maunsbach, Patrik Lindskoug
Ulf Maunsbach
No abstract provided.
Use Of Statements Of Witnesses And Accused: Commentary,
2009
Lund University
Use Of Statements Of Witnesses And Accused: Commentary, Rosemary Rayfuse
Rosemary Rayfuse
No abstract provided.
The Post-9/11 Discourse Revisited: The Self-Image Of The International Legal Scientific Discipline,
2009
Lund University
The Post-9/11 Discourse Revisited: The Self-Image Of The International Legal Scientific Discipline, Ulf Linderfalk
Ulf Linderfalk
A few years ago, the legality of Operation Enduring Freedom (OEF) was a topic much discussed in the international legal literature. This article approaches the problem from a new angle. Rather than investigating the relevant issue of legal substance – whether or not OEF was ever consistent with international law – the article focuses attention on the general scholarly performance in dealing with this issue. Scrutinizing the literature published immediately following upon the events of 11 September 2001, the author suggests that overall, the scholarly debate on the legality of OEF did not live up to the standards normally applied …
Symposium: Perspectives On Fundamental Rights In South Asia,
2009
Drexel University School of Law; University of California, Berkeley, School of Law
Symposium: Perspectives On Fundamental Rights In South Asia, Anil Kalhan
Anil Kalhan
This symposium issue of the Drexel Law Review marks the anticipated launch of a proposed new section on Law and South Asian Studies of the Association of American Law Schools, including several contributions that were initially presented during a session of the proposed section at AALS Annual Meeting for 2010. The proposed AALS section comes at a moment of heightened interest in the region among lawyers, policymakers, and the public at large in the United States, and is part of a rapidly growing constellation of scholarly initiatives on law in South Asia that have emerged internationally in recent years. In …
Moving Beyond The Tragedy Of The Global Commons: The Grotian Legacy And The Future Of Sustainable Management Of The Biodiversity Of The High Seas,
2009
Lund University
Moving Beyond The Tragedy Of The Global Commons: The Grotian Legacy And The Future Of Sustainable Management Of The Biodiversity Of The High Seas, Rosemary Rayfuse
Rosemary Rayfuse
No abstract provided.
A Dark Descent Into Reality: Making The Case For An Objective Definition Of Torture,
2009
Ohio Northern University
A Dark Descent Into Reality: Making The Case For An Objective Definition Of Torture, Michael W. Lewis
Michael W. Lewis
The definition of torture is broken. The malleability of the term “severe pain or suffering” at the heart of the definition has created a situation in which the world agrees on the words but cannot agree on their meaning. The “I know it when I see it” nature of the discussion of torture makes it clear that the definition is largely left to the eye of the beholder. This is particularly problematic when international law’s reliance on self-enforcement is considered. After discussing current common misconceptions about intelligence gathering and coercion that are common to all sides of the torture debate, …
Statutes Undermine The Progress Made: The Criminalisation Of Positive Women,
2009
Northeastern University
Statutes Undermine The Progress Made: The Criminalisation Of Positive Women, Aziza Ahmed, Beri Hull, Alice Welbourn, Emma Bell, Heidi Nass
Aziza Ahmed
Criminalisation laws have a specific and nuanced impact on women living with HIV. An understanding of the consequences of such laws will help positive women and other advocates to combat negative uses of such laws, and to frame and advocate for effective alternatives for HIV prevention. This article helps tease out some of the ways that criminalisation can negatively impact the lives of positive women in particular: the explicit sex discrimination in the laws, the gender bias in courtrooms, the impact on marginalised women, and the increase in stigma and discrimination through criminalisation laws.
Three Takes On Global Justice,
2009
Boston College Law School
