Digital Commons Network^™

Economic Approaches To Global Regulation: Expanding The International Law And Economics Paradigm, Dan Danielsen

Dan Danielsen

The recent economic crisis has demonstrated with startling clarity the importance of developing a more robust framework for assessing the effects of national rules on global welfare. For more than fifty years, law and economics scholars have examined the effects of domestic legal rules on economic activity and general welfare in the United States. More recently, international law scholars have begun to use economic methods to analyze the international legal order. In this article I survey this evolving body of “international law and economics scholarship” with a view to articulating its principle methodological innovations as well as assessing its contributions …

Liability For Damage Caused By Space Objects Under International And National Law, Paul S. Dempsey

Paul S Dempsey

ABSTRACT Because of the imposition of State liability for damage inflicted by space objects under the multilateral Space Law Conventions, many States have promulgated national legislation providing licensing, insurance and indemnification by commercial providers. In order to promote commercial operations in space, some States also have capped liability. This article addresses two principal issues: (1) the liability exposure of States for death, injury, or property damage by providers of commercial spaceflight; and (2) how States protect themselves in their domestic legislation through indemnification and insurance requirements in the licensing and regulation of launches, launch sites, launch vehicles, space vehicles and …

The Sum Of The Parts, Therese O'Donnell

Human Rights & Human Welfare

From one perspective the Middle East lends itself as a macabre mise-en-scene where the triumph of realpolitik over the legitimacies of international law can be continually re-staged. To be sure, at least two sovereign states seem to go their own way, even in the face of rampant and valid international criticism—the end of a construction freeze on illegal settlements and failures to condemn clearly illustrate this point. However, two can play at that game. The US veto of the October 2003 draft Security Council resolution declaring as illegal Israel’s construction of its security fence, beyond the 1949 Green Line and …

Greenlighting American Citizens: Proceed With Caution, Philip Dore

Louisiana Law Review

No abstract provided.

Worth A Pound Of Cure? An Empirical Assessment Of The Bush Doctrine And Preventive Military Action, Paul F. Diehl, Shyam Kulkarni

University of Miami International and Comparative Law Review

The Bush Doctrine, or the proposal that allows the use of military force preventively to address prospective attack from terrorists or involving weapons of mass destruction, has been debated from various normative and legal vantage points. In this article, we introduce the new evaluative criterion that such military action must also produce the desired outcomes of defeating opponents and preventing future attacks. We test the efficacy of preventive military actions over the last two centuries. We conclude that using military force in a preventive fashion provides very limited, if any value, to states that employ this strategy. At best, there …

Parents Behaving Badly: Whether, In The Wake Of Miller-Jenkins, Public Policy Considerations Should Play A Role In Custody Decisions, Ethan G. Kate

Ethan G. Kate

Miller-Jenkins v. Miller-Jenkins illustrates the dilemma facing courts in contentious custody disputes: At what point, if ever, should the best interests of one child cede to the interests of society at large? The best interests standard has become the predominant norm for settling custody disputes under both domestic and international law, yet satisfying the needs of one child can potentially establish precedent that runs counter to public policy, often forcing courts to ignore – or at least claim to ignore – these public policy considerations in order to reach a decision based on the individual child’s best interests. Undoubtedly aware …

Vietnam, China, And The United States: The Regulatory Framework Of Mining Pollution And Water Quality, Heather Whitney

Heather Whitney

This paper compares the environmental, mining, and water quality policy and regulatory framework of three countries: Vietnam, China, and the United States. There are many similarities between China and Vietnam’s legal framework and environmental protection mechanisms, by virtue of the fact that they are both socialist countries, both authoritarian governments, and both in the midst of an industrial revolution. The United States intersects in some areas of water quality standards and technological controls of effluents with both countries, as well as certain enforcement measures. This is true especially in China, where the EPA has actively consulted the Chinese government in …

Rethinking The Anti-Counterfeiting Trade Agreement Copyright Criminal Enforcement Measures, Miriam Bitton

Miriam Bitton

A few developed countries have secretly initiated and negotiated the Anti-Counterfeiting Trade Agreement (ACTA). The ACTA is aimed at enhancing international copyright and trademark enforcement measures. The Article analyses the copyright dimension of ACTA, considering its various provisions and the rationale behind them. The article does so by thoroughly examining the complex intersection of intellectual property law and criminal law. The Article then draws a few major conclusions and makes contributions to the area of copyright law: it shows how the ACTA in fact merely mimics the U.S. approach towards criminal enforcement of copyright law. Second, and more importantly, it …

How To Use The Fulbright Program To Internationalize Your Law School, Dena Davis

Journal of Legal Education

No abstract provided.

Legal Mechanization Of Corporate Social Responsibility Through Alien Tort Statute Litigation: A Response To Professor Branson With Some Supplemental Thoughts, Donald J. Kochan

Donald J. Kochan

This Response argues that as ATS jurisprudence “matures” or becomes more sophisticated, the legitimate limits of the law regress. The further expansion within the corporate defendant pool – attempting to pin liability on parent, great grandparent corporations and up to the top – raises the stakes and complexity of ATS litigation. The corporate social responsibility discussion raises three principal issues about how a moral corporation lives its life: how a corporation chooses its self-interest versus the interests of others, when and how it should help others if control decisions may harm the shareholder owners, and how far the corporation must …

The Holocaust Insurance Accountability Act Of 2010: Hearing Before The United States House Of Representatives, Committee On The Judiciary, Subcommittee On Commercial And Administrative Law. 111th Congress, 2nd Session, Michael P. Van Alstine

Michael P. Van Alstine

The testimony explores the essential legal issue of the extent to which executive agreements related to H.R. 4596 have any force as law in the United States. The agreements made it clear that they did not, by themselves, “provide an independent legal basis for dismissal” of claims of Holocaust victims filed in any courts of the United States. Instead, the executive branch simply agreed to file a “statement of interest” in such lawsuits to the effect “that U.S. policy interests favor dismissal on any valid legal ground.” Some lower courts have nonetheless given the statements of interest preemptive effect as …

Pmcs On The High Seas: The Solution To Somali Piracy Or A Failure To Learn From History?, Bryan K. Doeg

University of Miami National Security & Armed Conflict Law Review

No abstract provided.

Taking International Law At Its Word And Its Spirit: Re-Envisioning Responsibility To Protect As A Binding Principle Of International Law, Tessa R. Davis

Faculty Publications

No abstract provided.

The Principle Of Fairness And States’ Duty To Obey International Law, David Lefkowitz

Philosophy Faculty Publications

Philosophers and political theorists have developed a number of different justifications for the duty to obey domestic law. The possibility of using one (or more) of these justifications to demonstrate that states have a duty to obey international law seems a natural starting point for an analysis of international political obligation. Amongst the accounts of the duty to obey domestic law, one that appears to have a great deal of intuitive appeal, and that has attracted a significant number of philosophical defenders, is the principle of fairness (or fair play). In this paper, I examine the possibility of using the …

"Small Boats, Weak States, Dirty Money: Piracy And Maritime Terrorism In The Modern World," Martin N. Murphy, (New York: Columbia University Press, 2009), Francis D. Bonadonna , Capt.

Journal of Strategic Security

No abstract provided.

Considering A Human Right To Democracy, Jodi Ann Geever-Ostrowsky

Philosophy Theses

Human rights are commonly taken to include both behavioral freedoms, such as a right to express opinions, and safeguards against the behaviors of others, such as a right not to be tortured. I examine the claim by Allen Buchanan and others that democracy should be considered a human right. I discuss what human rights are, what they do, and what they obligate moral agents to do, comparing this framework to attributes of democracy. I conclude that while democracy itself is both too nebulous and too specific to be the subject of a human right, it may be proper to speak …

Exploring The Role Of Legitimacy And Identity In Framing Responses To Global Reforms In Socialist Transforming Asia, John S. Gillespie

John S Gillespie

Exploring the Role of Legitimacy and Identity in Framing Responses to Global Legal Reforms in Socialist Transforming Asia John Gillespie Abstract A bourgeoning literature about socialist transforming Asia (China and Vietnam) shows that economic development is possible without fully functioning legal systems based on laws and institutions derived from North America and Europe. What is less clear is whether over time the regulatory systems in these countries will evolve toward more economically efficient globalized forms of Western governance, as some commentators suggest, or follow a more complex pattern of convergence and divergence. This article advances the debate by investigating the …

The Origins Of Modern International Chemical Weapons Law, Albert H. Rivero

Maria Dittman Library Research Competition: Student Award Winners

No abstract provided.

From Rapists To Superpredators: What The Practice Of Capital Punishment Says About Race, Rights And The American Child, Robyn Linde

Faculty Publications

At the turn of the 20^th century, the United States was widely considered to be a world leader in matters of child protection and welfare, a reputation lost by the century’s end. This paper suggests that the United States’ loss of international esteem concerning child welfare was directly related to its practice of executing juvenile offenders. The paper analyzes why the United States continued to carry out the juvenile death penalty after the establishment of juvenile courts and other protections for child criminals. Two factors allowed the United States to continue the juvenile death penalty after most states in …

New Start: The Contentious Road To Ratification, Elizabeth Zolotukhina

Journal of Strategic Security

Senate ratification of the New START treaty re-established effective bilateral inspection and monitoring of American and Russian nuclear holdings and has the potential to further enhance U.S.-Russian cooperation on key issues, including containing the Iranian nuclear program, and further reductions in the two countries' arsenals. Although the accord was widely heralded as a foreign policy success of the Obama administration, the contentious Senate ratification may impede future progress on arms control.

The Expresive Necessity Of Gender-Based Violence Prosecutions, Allison Wells

Allison Wells

Despite the recent prominence of the Rome Statute’s stance against gender-based violence (“GBV”), many view international anti-GBV prosecutorial powers as ineffective and unenforceable. While acknowledging such pitfalls, this note opts to focus on the broad expressive value of landmark anti-GBV measures. Although their case-by-case tangible benefits may be unclear, anti-GBV prosecutions are an expressive necessity in that they: (1) support the further development of international criminal law; (2) represent and reiterate broad support for the international shift in views on sexual violence; and (3) help solidify new public norms regarding GBV as a reprehensible tool of war. In discussing the …

Utopian Thought And The Law Of Nations, Stas Getmanenko

Stas Getmanenko

Thomas More in his conversation with Raphael Hythloday agreed with Plato that “nations will be happy, when either philosophers become kings, or kings become philosophers.” Some five hundred years following More’s sojourn to the New Isle of Utopia, the “philosophers” remain in search of a societal order that would appropriately reflect and encompass the humanity’s best social and political contrivances. Inasmuch as humanity remains governed by law, and “[a]ll laws are promulgated for this end, that every man may know his duty,” the quest for a modern Utopia is then appropriately placed in the purview of jurisprudence. This legal article …

Fragile Merchandise: A Comparative Analysis Of The Privacy Rights For Public Figures, Scott Shackelford

Scott Shackelford

Over a century after Warren and Brandeis first presented the right to U.S. jurists for their consideration, privacy has become a central player in U.S. law. But nations around the world, in particular the common and civil law nations of Europe that share similar legal cultures with the United States, are grappling with how best to strike a balance between the competing rights of privacy and freedom of expression—both of which are critical to the functioning of democratic society. Existing literature has not fully drawn from this reservoir of international experience to inform the debate about U.S. privacy rights. This …

The Dogs That Did Not Bark: The Silence Of The Legal Academy During World War Ii, Sarah H. Ludington

Journal of Legal Education

No abstract provided.

The Latin American Tradition Of Legal Failure, Jorge L. Esquirol

Faculty Publications

No abstract provided.

Steven M. Schneebaum On The Death Penalty And Human Rights. By Sir Fred Phillips. Q.C. Kingston, Jamaica: Caribbean Law Publishing Company. 2009. 101pp., Steven M. Schneebaum

Human Rights & Human Welfare

A review of:

The Death Penalty and Human Rights. By Sir Fred Phillips. Q.C. Kingston, Jamaica: Caribbean Law Publishing Company. 2009. 101pp.

The Global Spread Of European Style International Courts, Karen J. Alter

Faculty Working Papers

Europe created the model of embedded international courts (IC), where domestic judges work with international judges to interpret and apply international legal rules that are also part of national legal orders. This model has now diffused around the world. This article documents the spread of European-style ICs: there are now eleven operational copies of the European Court of Justice (ECJ), three copies of the European Court of Human Rights, and a handful of additional ICs that use Europe's embedded approach to international law. After documenting the spread of European-style ICs, the article then explains how two regions chose European style …

Introduction To The Environmental Law And Justice Symposium Issue, Randall S. Abate, Robert H. Abrams, Robert Graggs

Florida A & M University Law Review

No abstract provided.

Remarks On The Cooperation Between The Latin American Judiciary And Arbitral Tribunals With Respect To The Taking Of Evidence, Nicolás Gamboa-Morales

Arbitration Brief

No abstract provided.

Is International Law Really Law? Theorizing The Multi-Dimensionality Of Law, Elizabeth M. Bruch

Law Faculty Publications

No abstract provided.