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Full-Text Articles in Law
Book Review: The Iraq War And International Law, Maxwell O. Chibundu
Book Review: The Iraq War And International Law, Maxwell O. Chibundu
Faculty Scholarship
A review of The Iraq War and International Law edited by Phil Shiner and Andrew Williams. Oxford, Hart Publishing, 2008.
International Law, Human Rights And The Transformative Occupation Of Iraq, Peter G. Danchin
International Law, Human Rights And The Transformative Occupation Of Iraq, Peter G. Danchin
Faculty Scholarship
This chapter examines the project of transformative occupation undertaken by the United States and its allies following the invasion of Iraq in 2003. More specifically, it considers the Iraqi occupation in light of two competing sensibilities in international legal argument. On one view, which I term “legal formalism”, the purpose of international law is eclectic, intersubjective and value-pluralist: to create the conditions for peaceful coexistence between different political orders and ways of life. This view is commonly associated with the liberalism of the United Nations Charter which posits both the subject of international law and its liberty in formal terms …
Whose Public? Which Law? Mapping The Internal/External Distinction In International Law, Peter G. Danchin
Whose Public? Which Law? Mapping The Internal/External Distinction In International Law, Peter G. Danchin
Faculty Scholarship
This chapter challenges and problematizes the convergence thesis between sovereignty and human rights which is argued to rest on only a partial understanding of the liberal tradition in international law, a position commonly referred to as “liberal anti-pluralism.” While relying on a contingent and thus contestable conception of individual autonomy, liberal anti-pluralist accounts do not in fact seek to challenge the rationale for public law or public reason itself. To the contrary, such accounts advance a vision of “universal” or “global” social order governed by a “neutral” public law which limits the freedom of its subjects pursuant to the single …
The Universal Declaration And Developments In The Enforcement Of International Human Rights In Domestic Law, Michael P. Van Alstine
The Universal Declaration And Developments In The Enforcement Of International Human Rights In Domestic Law, Michael P. Van Alstine
Faculty Scholarship
No abstract provided.
The Universal Declaration And South African Constitutional Law: A Response To Justice Arthur Chaskalson, Peter E. Quint
The Universal Declaration And South African Constitutional Law: A Response To Justice Arthur Chaskalson, Peter E. Quint
Faculty Scholarship
No abstract provided.
60 Years Of The Basic Law And Its Interpretation: An American Perspective, Peter E. Quint
60 Years Of The Basic Law And Its Interpretation: An American Perspective, Peter E. Quint
Faculty Scholarship
In commemoration of the 60th anniversary of the adoption of the German Basic Law (Constitution) , the author discusses certain aspects of the Basic Law, in comparison with the Constitution of the United States, and examines important developments in the jurisprudence if the German Constitutional Court interpreting the Basic Law.
Book Review: Fresh Perspectives On The "War On Terror", Katherine Vaughns
Book Review: Fresh Perspectives On The "War On Terror", Katherine Vaughns
Faculty Scholarship
No abstract provided.