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Full-Text Articles in Law

Georgia Journal Of International And Comparative Law Editorial And Managing Boards 2008-2009, Georgia Journal Of International And Comparative Law Oct 2008

Georgia Journal Of International And Comparative Law Editorial And Managing Boards 2008-2009, Georgia Journal Of International And Comparative Law

Materials from All Student Organizations

No abstract provided.


No. 6 - 30th Anniversary Issue, Henry Kissinger, James Baker, Warren Christopher, Madeleine Albright, Colin Powell, Lee Hamilton, Daniel R. Fung, Diana Wallis Oct 2008

No. 6 - 30th Anniversary Issue, Henry Kissinger, James Baker, Warren Christopher, Madeleine Albright, Colin Powell, Lee Hamilton, Daniel R. Fung, Diana Wallis

Occasional Papers Series

With this issue of the Occasional Papers, we celebrate the 30th anniversary of the founding of the Dean Rusk Center, which bears the name of the late School of Law faculty member who served as secretary of state under Presidents John F. Kennedy and Lyndon B. Johnson from 1961 until 1969.

Our purpose in hosting the conference and lectures published in this volume was to provide a forum for developing the comprehensive new focus necessary to met the American foreign policy demands of the 21st century. In so doing, it is our intent that the advice and counsel of the …


States, Markets, And Gatekeepers: Public-Private Regulatory Regimes In An Era Of Economic Globalization, Christopher M. Bruner Oct 2008

States, Markets, And Gatekeepers: Public-Private Regulatory Regimes In An Era Of Economic Globalization, Christopher M. Bruner

Scholarly Works

This paper 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.

Specifically, I examine striking similarities between global bond markets and e-commerce markets through comparison of entities regulating admission to them - the dominant credit rating agencies (Standard & Poor's and Moody's), and the Internet Corporation for Assigned Names and Numbers (ICANN). Following anexamination of the development of these markets and the global regulatory power exercised by …


International Decision: Munaf V. Geren, Harlan G. Cohen Oct 2008

International Decision: Munaf V. Geren, Harlan G. Cohen

Scholarly Works

This International Decision case comment, the final version of which will be published in Volume 102, No. 4, of the American Journal of International Law (forthcoming), examines the U.S. Supreme Court's decision in Munaf v. Geren, a case arising out of U.S. operations in Iraq and allegations of potential torture in Iraqi custody. In that decision, a unanimous Supreme Court held that the federal courts have jurisdiction under the habeas corpus statute to hear claims brought by American citizens held overseas by American forces "operating subject to an American chain of command, even when those forces are acting as a …


Due Process Rights Before Eu Agencies: The Rights Of Defense, David E. Shipley Oct 2008

Due Process Rights Before Eu Agencies: The Rights Of Defense, David E. Shipley

Scholarly Works

This Article discusses the procedural safeguards that have been recognized in the EU and the parallels between procedural due process in the United States and the rights of defense in the EU. It compares these respective rights and safeguards and explains how U.S. and EU procedures for agency adjudications are converging. Part II sets out the fundamental principles of American due process and EU right to be heard jurisprudence. Part III provides a detailed analysis of the rights of defense in the EU and highlights how this bundle of rights parallels the rights to notice and opportunity to be heard …


A Post-Kyoto Framework For Climate Change, Daniel M. Bodansky Sep 2008

A Post-Kyoto Framework For Climate Change, Daniel M. Bodansky

Presentations and Speeches

No abstract provided.


The Report Of The Secretaries Of State: Bipartisan Advice To The Next Administration, Henry Kissinger, Madeleine Albright, Colin Powell, Warren Christopher, James Baker Jul 2008

The Report Of The Secretaries Of State: Bipartisan Advice To The Next Administration, Henry Kissinger, Madeleine Albright, Colin Powell, Warren Christopher, James Baker

Conferences and Symposia to 2010

On March 27, former Secretaries of State Henry Kissinger, James Baker III, Warren Christopher, Madeleine Albright and Colin Powell gathered in Athens to discuss current U.S. foreign policy with the goal of providing advice and counsel to the next presidential administration. The session was moderated by Terence Smith, of “The NewsHour with Jim Lehrer,” before an audience of more than 2,000. Sponsored by the Dean Rusk Center, in partnership with the Southern Center for International Studies, the two hour roundtable, titled “The Report of the Secretaries of State: Bipartisan Advice to the Next Administration,” has been edited for broadcast on …


The Course Of True Human Rights Progress Never Did Run Smooth, Diane Marie Amann Jul 2008

The Course Of True Human Rights Progress Never Did Run Smooth, Diane Marie Amann

Scholarly Works

As the United States moves toward the inauguration in January 2009 of a new President, greater attention is paid to what the country might do to restore and reinforce its traditional role as a leader in the promotion of human rights. This essay warns against any assumption that innovation alone will assure greater enforcement of rights; its points of reference are not only the current administration, but also one long past, that of President John F. Kennedy. Rather than jump to embrace new, global concepts like responsibility to protect, therefore, it argues for careful pursuit of local change. It then …


Discovery, Judicial Assistance And Arbitration: A New Tool For Cases Involving U.S. Entities?, Peter B. Rutledge Feb 2008

Discovery, Judicial Assistance And Arbitration: A New Tool For Cases Involving U.S. Entities?, Peter B. Rutledge

Scholarly Works

Limited discovery is one of the regularly cited advantages of international arbitration, as opposed to international litigation, particularly in contrast to litigation in the US. courts. Recent decisions by US. courts, however, have threatened to upend this comparative advantage. Invoking a little known US. law, 28 U.S.C. section 1782, these courts have permitted parties in an arbitration to petition for subpoenas issued by US. courts against their adversaries or third parties. Bucking the trend in the academic literature, which largely supports this development, this article opposes reading section 1782 to authorize subpoenas in support of an arbitration. Not only does …


Newsletter, Winter/Spring 2008, Vol. 3, Issue 1, The Dean Rusk International Law Center Jan 2008

Newsletter, Winter/Spring 2008, Vol. 3, Issue 1, The Dean Rusk International Law Center

Newsletters

Rusk Center to Host Former Secretaries of State; Co-chair of Iraq Study Group Delivers Foreign Policy Talk; Announcements; International Law Colloquium Series; Director's Note; E.U. and U.S. Experts Tackle International Terrorism; Vice President of the European Parliament Speaks at Rusk; Armenian and Brazilian Judges Take Part in Judicial Training Program; Delegation of Chinese Officials and Academics Visit Rusk Center; West Bank Librarian Trains at UGA Law; 2 Continents, 6 Weeks, 7 Credits...and the Experience of a Lifetime; Gaining a Global Perspective of the Law; Op Ed: Promoting Ethical Standards in Globalized Drug Trials through Market Exclusion;


Culture, Sovereignty, And Hollywood: Unesco And The Future Of Trade In Cultural Products, Christopher M. Bruner Jan 2008

Culture, Sovereignty, And Hollywood: Unesco And The Future Of Trade In Cultural Products, Christopher M. Bruner

Scholarly Works

On October 20, 2005, the General Conference of the United Nations Educational, Scientific and CulturalOrganization (UNESCO) adopted a treaty - by a vote of 148-2, with 4 abstentions - that legitimates domestic legal measures aimed at the protection of local producers of cultural activities, goods and services. Opposed by the United States and Israel, the Convention represents a major diplomatic victory for Canada and France - its principal proponents - and a major blow to Hollywood and the United States, audiovisual products being among America's most lucrative exports. Both Canada and France, like many countries around the world, have long …