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Articles 1 - 13 of 13
Full-Text Articles in Law
Rational Choice, Reputation, And Human Rights Treaties, Alex Geisinger, Michael Ashley Stein
Rational Choice, Reputation, And Human Rights Treaties, Alex Geisinger, Michael Ashley Stein
Michigan Law Review
Part I of this Review sets forth Guzman's general theory of international law with specific consideration of the way reputation influences state behavior. Part II then tests Guzman's overarching thesis by applying it to human rights treaties and concludes that explaining states' entry into human rights treaties requires a broader conception of reputation than Rational Choice allows.
Peace Through Law? The Failure Of A Noble Experiment, Robert J. Delahunty, John C. Yoo
Peace Through Law? The Failure Of A Noble Experiment, Robert J. Delahunty, John C. Yoo
Michigan Law Review
Ever since its publication in 1929, Erich Maria Remarque's All Quiet on the Western Front has been regarded as a landmark of antiwar literature. Appearing a decade after the end of the First World War, the novel became a literary sensation almost overnight. Within a year of publication, it had been translated into twenty languages, including Chinese, and by April 1930, sales for twelve of the twenty editions stood at 2.5 million. Remarque was reputed to have the largest readership in the world. Hollywood took note, and an equally successful film appeared in 1930. The success of the novel was …
Don't Cross The Streams: Past And Present Overstatement Of Customary International Law In Connection With Conventional Fair And Equitable Treatment Obligations, Theodore Kill
Michigan Law Review
The obligation to provide fair and equitable treatment to foreign investors and investments has existed as a concept of international economic law at least since the 1919 Covenant of the League of Nations. The fair and equitable treatment provision is a key protection contained in the vast majority of modern bilateral investment treaties. Tribunals adjudicating alleged breaches of these fair and equitable treatment provisions have not arrived at a uniform interpretation of the term. As a threshold issue, however each tribunal must address the question of whether a state's obligations under a given treaty's fair and equitable treatment provision will …
America’S Next Move: The United States’ Domestic And International Policies On Global Warming After The Kyoto Protocol, Joshua Van Der Ploeg
America’S Next Move: The United States’ Domestic And International Policies On Global Warming After The Kyoto Protocol, Joshua Van Der Ploeg
Michigan Law Review First Impressions
The international Kyoto Protocol to combat global warming—negotiated in 1997 and ratified by nearly all signatory countries except the United States and Kazakhstan—will expire in 2012, at the end of the upcoming presidential term. Whichever candidate the American people select to lead our nation for the next four years will face two great challenges to confront global climate change: what direction to take the country within the international community as the world decides how to replace Kyoto, and what policies to implement domestically to help curb this impending crisis.
Hiding Behind Nationality: The Temporary Presence Exception And Patent Infringement Avoidance, J. Jonas Anderson
Hiding Behind Nationality: The Temporary Presence Exception And Patent Infringement Avoidance, J. Jonas Anderson
Michigan Telecommunications & Technology Law Review
This Article argues that the temporary presence exception was not designed to allow conveyance owners the ability to select the most optimal patent system under which to be subject. It also examines the ramifications of the temporary presence exception on international commerce and concludes that increased use of the exception may result in reduced values for patents relating to international conveyances, reduced incentives to invest in and develop technologies in international conveyances, and a decrease in the quality of various domestic patent systems worldwide. Finally, this Article proposes a solution to these problems. The temporary presence exception has received some …
Condominum Arrangements In International Practice: Reviving An Abandoned Concept Of Boundary Dispute Resolution, Joel H. Samuels
Condominum Arrangements In International Practice: Reviving An Abandoned Concept Of Boundary Dispute Resolution, Joel H. Samuels
Michigan Journal of International Law
This Article attempts to revive the consideration of condominium as a possible solution to contemporary boundary disputes. Part I describes specific historic instances of condominia and derives relevant lessons from each instance. Part II notes that some critics of condominium have in fact confused condominium with other forms of joint dominion over territory. This Part proceeds, therefore, to distinguish condominium from these other arrangements. Next, Part III discusses how experiences with common property regimes over common resources (such as water supplies) might inform the contemporary use of condominium. Finally, informed by lessons articulated in Parts I through III, Part IV …
The Current State Of Residential Segregation And Housing Discrimination: The United States' Obligations Under The International Convention On The Elimination Of All Forms Of Racial Discrimination, Michael B. De Leeuw, Megan K. Whyte, Dale Ho, Catherine Meza, Alexis Karteron
The Current State Of Residential Segregation And Housing Discrimination: The United States' Obligations Under The International Convention On The Elimination Of All Forms Of Racial Discrimination, Michael B. De Leeuw, Megan K. Whyte, Dale Ho, Catherine Meza, Alexis Karteron
Michigan Journal of Race and Law
The United States government accepted a number of obligations related to housing when it ratified the International Convention on the Elimination of All Forms of Racial Discrimination ("CERD"). For example, the United States government must ensure that all people enjoy the rights to housing and to own property, without distinction as to race; cease discriminatory actions, including those that are discriminatory in effect regardless of intent; and take affirmative steps to remedy past discrimination and eradicate segregation. This Article discusses the United States government's compliance with those obligations, as well as the importance of meaningful compliance in maintaining the United …
"Change Direction" 2006: Israeli Operations In Lebanon And The International Law Of Self-Defense, Michael N. Schmitt
"Change Direction" 2006: Israeli Operations In Lebanon And The International Law Of Self-Defense, Michael N. Schmitt
Michigan Journal of International Law
This Article explores and assesses the Israeli justification for Operation Change Direction. Did the law of self-defense provide a basis for the operation? If so, defense against whom-Hezbollah, the State of Lebanon, or both? Were the Israeli actions consistent with the criteria for a lawful defensive action: necessity, proportionality, and immediacy? Did Operation Change Direction unlawfully breach Lebanese territorial integrity?
Dionysian Disarmament: Security Coucil Wmd Coercive Disarmament Measures And Their Legal Implication, James D. Fry
Dionysian Disarmament: Security Coucil Wmd Coercive Disarmament Measures And Their Legal Implication, James D. Fry
Michigan Journal of International Law
This Article provides the first comprehensive legal analysis of the Security Council's coercive disarmament and arms control measures involving weapons of mass destruction (WMD). In the process of providing this legal analysis, it presents a fresh perspective on a variety of widely held beliefs about disarmament and arms control law, as well as about U.N. law.
Institutional Alliances And Derivative Legitimacy, Claire R. Kelly
Institutional Alliances And Derivative Legitimacy, Claire R. Kelly
Michigan Journal of International Law
Part I of this Article describes global lawmaking and the legitimacy challenge. It provides a typology of IOs that develop norms. It explains that legitimacy is a subjective belief, but it provides objective paradigms for assessing legitimacy claims. It demonstrates how pursuing legitimacy according to one set of criteria can sacrifice legitimacy claims under another. It also examines the competition among IOs, the push for democratic norms, and the resulting need for stronger legitimacy claims. Part II explains linkage and accommodation and gives specific examples of where these phenomena work to garner more legitimacy for specific organizations and the soft …
The Victims Of Victim Participation In International Criminal Proceedings, Charles P. Trumbull Iv
The Victims Of Victim Participation In International Criminal Proceedings, Charles P. Trumbull Iv
Michigan Journal of International Law
This Article proceeds as follows. Part I discusses the emerging norms regarding victims' rights in international law and the factors that influenced the victim participation scheme in the Rome Statute. Section A focuses on the victims' rights movement in domestic and international law; Section B examines the case law on victim participation from several treaty-based international human rights tribunals; and Section C explains how criticisms of the ICTY and the ICTR resulted in extensive rights for victims in the ICC. Next, Part II explains the statutory framework that governs the victims' role in ICC proceedings. It then discusses the emerging …
States, Markets, And Gatekeepers: Public-Private Regulatory Regimes In An Era Of Economic Globalization, Christopher M. Bruner
States, Markets, And Gatekeepers: Public-Private Regulatory Regimes In An Era Of Economic Globalization, Christopher M. Bruner
Michigan Journal of International Law
This Article illuminates the spectrum of international economic regimes through discussion of an under-theorized regulatory structure in which traditional distinctions between State and market, public and private power, hard and soft law, and international and domestic policy realms, essentially collapse-the "public-private gatekeeper."
Indigenous Recognition In International Law: Theoretical Observations, Patrick Macklem
Indigenous Recognition In International Law: Theoretical Observations, Patrick Macklem
Michigan Journal of International Law
This Essay addresses this question in the context of the evolving status of indigenous peoples in international law. International instruments vest rights in indigenous peoples, and establish indigenous peoples as international legal actors to whom States and other international legal actors owe legal duties and obligations. These developments began between the First and Second World Wars, when the International Labour Organization (ILO) began to supervise indigenous working conditions in colonies. They continued after the Second World War with ILO Conventions No. 107 and 169, which vested rights in indigenous populations located in States that are a party to their terms. …