Open Access. Powered by Scholars. Published by Universities.®
- Publication
- Publication Type
Articles 1 - 19 of 19
Full-Text Articles in Law
Interpretive Entrepreneurs, Melissa J. Durkee
Interpretive Entrepreneurs, Melissa J. Durkee
Scholarly Works
Private actors interpret legal norms, a phenomenon I call "interpretive entrepreneurship." The phenomenon is particularly significant in the international context, where many disputes are not subject to judicial resolution and there is no official system of precedent. Interpretation can affect the meaning of laws over time. For this reason, it can be a form of "post hoc" international lawmaking, worth studying alongside other forms of international lobbying and norm entrepreneurship by private actors. The Article identifies and describes the phenomenon through a series of case studies that show how, why, and by whom it unfolds. The examples focus on entrepreneurial …
Globalists And The Corruption Of Sources, Amy Baker Benjamin
Globalists And The Corruption Of Sources, Amy Baker Benjamin
Georgia Journal of International & Comparative Law
No abstract provided.
Tacos, Tequila, And Tainted Alcohol? An Examination Of The Tainted Alcohol Problem In Mexico And What It Means For The American Tourist, Tammy Le
Georgia Journal of International & Comparative Law
No abstract provided.
Interstitial Space Law, Melissa J. Durkee
Interstitial Space Law, Melissa J. Durkee
Scholarly Works
Conventionally, customary international law is developed through the actions and beliefs of nations. International treaties are interpreted, in part, by assessing how the parties to the treaty behave. This Article observes that these forms of uncodified international law—custom and subsequent treaty practice—are also developed through a nation’s reactions, or failures to react, to acts and beliefs that can be attributed to it. I call this “attributed lawmaking.”
Consider the new commercial space race. Innovators like SpaceX and Blue Origin seek a permissive legal environment. A Cold-War-era treaty does not seem adequately to address contemporary plans for space. The treaty does, …
Unregulated Custody Transfers: Why The Practice Of Rehoming Should Be Considered A Form Of Illegal Adoption And Human Trafficking, Michael D. Aune
Unregulated Custody Transfers: Why The Practice Of Rehoming Should Be Considered A Form Of Illegal Adoption And Human Trafficking, Michael D. Aune
Georgia Journal of International & Comparative Law
No abstract provided.
Mariculture: A New Ocean Use, J. Owens Smith, David L. Marshall
Mariculture: A New Ocean Use, J. Owens Smith, David L. Marshall
Georgia Journal of International & Comparative Law
No abstract provided.
Methodology And Misdirection: Custom And The Icj, Harlan G. Cohen
Methodology And Misdirection: Custom And The Icj, Harlan G. Cohen
Popular Media
Associate Professor Harlan G. Cohen published "Methodology and Misdirection: Custom and the ICJ" on the European Journal of International Law's blog EILJ: Talk! on December 1, 2015.
Filartiga V. Pena-Irala: A Contribution To The Development Of Customary International Law By A Domestic Court, C. Donald Johnson Jr.
Filartiga V. Pena-Irala: A Contribution To The Development Of Customary International Law By A Domestic Court, C. Donald Johnson Jr.
Georgia Journal of International & Comparative Law
No abstract provided.
Filartiga V. Pena-Irala: Comments On Sources Of Human Rights Law And Means Of Redress For Violations Of Human Rights, Gabriel M. Wilner
Filartiga V. Pena-Irala: Comments On Sources Of Human Rights Law And Means Of Redress For Violations Of Human Rights, Gabriel M. Wilner
Georgia Journal of International & Comparative Law
No abstract provided.
Book Review: International Law And Its Sources: Liber Amicorum Maarten Bos. Ed. Wybo P. Heere. The Hague: T.M.C. Asser Instituut By Kluwer Law And Taxation Publishers. 1989. Xxiii, 196 Pp. Df1. 94., Mark W. Janis
Georgia Journal of International & Comparative Law
No abstract provided.
Suggestions For The Limited Acceptance Of Compulsory Jurisdiction Of The International Court Of Justice By The United States, Louis B. Sohn
Suggestions For The Limited Acceptance Of Compulsory Jurisdiction Of The International Court Of Justice By The United States, Louis B. Sohn
Georgia Journal of International & Comparative Law
No abstract provided.
The Status Of The Universal Declaration Of Human Rights In National And International Law, Hurst Hannum
The Status Of The Universal Declaration Of Human Rights In National And International Law, Hurst Hannum
Georgia Journal of International & Comparative Law
No abstract provided.
The Role Of Experts In Proving International Human Rights Law In Domestic Courts: A Commentary, Harold G. Maier
The Role Of Experts In Proving International Human Rights Law In Domestic Courts: A Commentary, Harold G. Maier
Georgia Journal of International & Comparative Law
No abstract provided.
The "Blank Stare Phenomenon": Proving Customary International Law In U.S. Courts, Paul L. Hoffman
The "Blank Stare Phenomenon": Proving Customary International Law In U.S. Courts, Paul L. Hoffman
Georgia Journal of International & Comparative Law
No abstract provided.
Litigating Customary International Human Rights Norms, Beth Stephens
Litigating Customary International Human Rights Norms, Beth Stephens
Georgia Journal of International & Comparative Law
No abstract provided.
The Complex Nature, Sources And Evidences Of Customary Human Rights, Jordan J. Paust
The Complex Nature, Sources And Evidences Of Customary Human Rights, Jordan J. Paust
Georgia Journal of International & Comparative Law
No abstract provided.
Human Rights As Part Of Customary International Law: A Plea For Change Of Paradigms, Anthony D'Amato
Human Rights As Part Of Customary International Law: A Plea For Change Of Paradigms, Anthony D'Amato
Georgia Journal of International & Comparative Law
No abstract provided.
Book Review: Sources Of State Practice In International Law, Anne Burnett
Book Review: Sources Of State Practice In International Law, Anne Burnett
Georgia Journal of International & Comparative Law
No abstract provided.
Codifying Custom, Timothy L. Meyer
Codifying Custom, Timothy L. Meyer
Scholarly Works
Codifying decentralized forms of law, such as the common law and customary law, has been a cornerstone of the positivist turn in legal theory since at least the nineteenth century. Commentators laud codification’s purported virtues, including systematizing, centralizing, and clarifying the law. These attributes are thought to increase the general welfare of those subject to legal rules, and therefore to justify and explain codification. The codification literature, however, overlooks codification’s distributive consequences. In so doing, the literature misses the primary motive for codification: to define legal rules in a way that advantages individual codifying institutions, regardless of how codification affects …