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Full-Text Articles in Law

The Economics Of Violence: Why Freedom From Domestic Violence Must Be Treated As A Developmental Right In International Law, Kelsey S. Barnes Jan 1998

The Economics Of Violence: Why Freedom From Domestic Violence Must Be Treated As A Developmental Right In International Law, Kelsey S. Barnes

University of Miami International and Comparative Law Review

No abstract provided.


Lost In Paradise: Lobbying Strategies For Public International Law Issues, Bruce Zagaris Jan 1998

Lost In Paradise: Lobbying Strategies For Public International Law Issues, Bruce Zagaris

ILSA Journal of International & Comparative Law

Increasingly in an interconnected world, Americans and people throughout the world are encountering situations in which their human rights are abused abroad. People are traveling to exotic parts of the world that have not experienced the extent of foreign penetration. Simultaneously, the enormous gaps between wealthy and impoverished


International Law And The Implementation Of The American Bar Association Resolution Regarding The American Bar Association Resolution Regarding The Death Penalty, Ved P. Nanda Jan 1998

International Law And The Implementation Of The American Bar Association Resolution Regarding The American Bar Association Resolution Regarding The Death Penalty, Ved P. Nanda

ILSA Journal of International & Comparative Law

My assignment is to consider the emerging international norms and how they might affect implementation of the American Bar Association (ABA) resolution calling for a moratorium on the imposition and enforcement of the death penalty.'


Strengthening The Philip C. Jessup International Law Moot Court Competition, Harry H. Almond Jr. Jan 1998

Strengthening The Philip C. Jessup International Law Moot Court Competition, Harry H. Almond Jr.

ILSA Journal of International & Comparative Law

The Jessup Competition has awakened perspectives about decision making in the students of international law. It has served in the legal education of countless students, and it has even served the promotion and perhaps the development of international law itself


Review Essay-The Relucant Sheriff, Iv Ashton Jan 1998

Review Essay-The Relucant Sheriff, Iv Ashton

ILSA Journal of International & Comparative Law

Dr. Haas sums up his basic approach as follows: "I propose that the United States adopt a foreign policy based on the notion of regulation."


Autonomy Through Separation?: Environmental Law And The Basic Law Of Hong Kong, Benjamin L. Liebman Jan 1998

Autonomy Through Separation?: Environmental Law And The Basic Law Of Hong Kong, Benjamin L. Liebman

Faculty Scholarship

One hundred days after taking office as Chief Executive of the Hong Kong Special Administrative Region (Hong Kong SAR) of the People's Republic of China, Tung Chee-hwa pledged both to take steps to improve Hong Kong's environment, and to increase coordination of environmental policy with officials in neighboring Guangdong Province. Tung's comments marked a rhetorical shift from environmental policy in British Hong Kong: eight years earlier, the Hong Kong government's first White Paper on environmental policy, Pollution in Hong Kong – A Time to Act, made only passing mention of China. Yet the White Paper was not alone in …


Uses And Misuses Of Comparative Law In International Human Rights: Some Reflections On The Jurisprudence Of The European Court Of Human Rights, Paolo G. Carozza Jan 1998

Uses And Misuses Of Comparative Law In International Human Rights: Some Reflections On The Jurisprudence Of The European Court Of Human Rights, Paolo G. Carozza

Journal Articles

Virtually all of Mary Ann Glendon's work can be seen as part of a persistent effort to open some windows in the edifice of American law and allow cross-currents of foreign experience to blow fresh insight into the rooms of our republic. In her critique of contemporary strains of rights discourse in the United States, she makes the case against American insularity quite directly: "In closing our own eyes and ears to the development of rights ideas elsewhere, our most grievous loss is ... the kind of assistance ... that can be gained from observing the successes and failures of …


Constitutional Structure As A Limitation On The Scope Of The "Law Of Nations" In The Alien Tort Claims Act, Donald J. Kochan Dec 1997

Constitutional Structure As A Limitation On The Scope Of The "Law Of Nations" In The Alien Tort Claims Act, Donald J. Kochan

Donald J. Kochan

Jurisdiction matters. Outside of the set of jurisdictional constraints, the judiciary is at sea; it poses a threat to the separation of powers and risks becoming a dangerous and domineering branch. Jurisdictional limitations serve a particularly important function when the judiciary is dealing with issues of international law. Since much of international law concerns foreign relations, the province of the executive and, in part, the legislature, the danger that the judiciary will act in a policy-making role or will frustrate the functions of the political branches is especially great. The Framers of the Constitution were particularly concerned with constructing a …