Law Commons^™

Targeted Sanctions: Resolving The International Due Process Dilemma, Jack Garvey

Jack I Garvey

Administrative Law Unbounded: Reflections On Government And Governance, Martin Shapiro

Martin Shapiro

No abstract provided.

Corporate Law In The Shanghai People's Courts, 1992-2008: Judicial Autonomy In A Contemporary Authoritarian State, Nicholas Howson

Nicholas Howson

In late 2005 China adopted a largely rewritten Company Law that radically increased the role of courts. This study, based on a review of more than 1000 Company Law-related disputes reported between 1992 and 2008 and extensive interactions with PRC officials and sitting judges, evaluates how the Shanghai People’s Court system has fared over 15 years in corporate law adjudication. Although the Shanghai People’s Courts show generally increasing technical competence and even intimations of political independence, their path toward institutional autonomy is inconsistent. Through 2006, the Shanghai Court system demonstrated significantly increased autonomy. After 2006 and enactment of the new …

Tyranny Of The Available: Under-Represented Topics, Approaches, And Viewpoints, Katherine Topulos, Marci Hoffman

Marci Hoffman

No abstract provided.

Review Of 'Understanding Labor And Employment Law In China' By Ronald C. Brown, Nicholas Howson

Nicholas Howson

Review of Ronald C. Brown's UNDERSTANDING LABOR AND EMPLOYMENT LAW IN CHINA (Cambridge University Press, 2010) which review describes an alternative way of describing and analyzing law and legal institutions in contemporary China generally, and labor law specifically.

Bird In A Cage: Chinese Law Reform After Twenty Years, Stanley Lubman

Stanley Lubman

When I wrote in 1979, it was easy to summarize the state of Chinese legal institutions because they were so sparse. Although a judicial system had been created on the Soviet model in the 1950s, it had been politicized by the end of that decade after a brief period of liberalization, and then further wrecked by the Cultural Revolution. A new period of institution-building began in 1979; reconstruction of the courts began and the law schools, closed for a decade, reopened. Most fundamentally, the policies of the Chinese leadership seemed to promise, as I noted then, "attempts to conceptualize and …

The Globalization Of Law, Martin Shapiro

Martin Shapiro

No abstract provided.

Ruling Shows Europe Still Vexed Over Nsa Spying Leaving Us Companies In Legal Limbo, Caren Morrison

Caren Myers Morrison

No abstract provided.

Mary Ellen O’Connell Was Quoted In The Aleteia Article "Iran Nuclear Agreement Hailed As Important Step In Nonproliferation", Mary Ellen O'Connell

Mary Ellen O'Connell

Mary Ellen O’Connell, professor of international law at the University of Notre Dame and author of The Prohibition on the Use of Force for Arms Control: The Case of Iran’s Nuclear Program, said that the deal, announced Tuesday, is in the security interest of the United States.

Rethinking Criminal Law Theory: New Canadian Perspectives In The Philosophy Of Domestic, Transnational, And International Criminal Law, François Tanguay-Renaud, James Stribopoulos

François Tanguay-Renaud

In the last two decades, the philosophy of criminal law has undergone a vibrant revival in Canada. The adoption of the Charter of Rights and Freedoms has given the Supreme Court of Canada unprecedented latitude to engage with principles of legal, moral, and political philosophy when elaborating its criminal law jurisprudence. Canadian scholars have followed suit by paying increased attention to the philosophical foundations of domestic criminal law. Because of Canada's leadership in international criminal law, both at the level of the International Criminal Court and of specific war crimes tribunals, they have also begun to turn their attention to …

Empiricism And International Law: Insights For Investment Treaty Dispute Resolution, Susan Franck

Susan D. Franck

While scholars in the United States increasingly focus on the empirical dimension of legal scholarship, there have been challenges in using empiricism to explore international legal issues. Rather than relying on logic or instinct alone, empirical methodologies can provide scholars with tools to gain new facts, see existing ideas through a different lens, and engage in a more nuanced analysis of international law phenomena. There appears to be a natural synergy between empiricism and international investment treaty dispute resolution. With calls for trade time outs by U.S. presidential candidates, there is interest in how investment treaties function, whether they achieve …

The Icsid Effect? Considering Potential Variations In Arbitration Awards, Susan Franck

Susan D. Franck

The legitimacy of the World Bank's dispute resolution body - The International Centre for the Settlement of Investment Disputes (ICSID) - is a matter of heated debate. Some states have alleged that ICSID is biased, withdrawn from the ICSID Convention, and advocated creating alternative arbitration systems. Using pre-2007 archival data of the population of then- known arbitration awards, this Article quantitatively assesses whether ICSID arbitration awards were substantially different from arbitration awards rendered in other forums. The Article examines variation in the amounts claimed and outcomes reached to evaluate indicators of bias. The results indicated that there was no reliable …

The Emerging Restrictions On Sovereign Immunity: Peremptory Norms Of International Law, The U.N. Charter, And The Application Of Modern Communications Theory, Winston Nagan, Joshua Root

Winston P Nagan

The article provides a fresh re-examination of the conceptual foundations of the sovereign immunity doctrine in the light of the changing character of sovereignty itself. This is done in the context of the changing expectations in international law generated by the UN Charter, and the development of human rights and humanitarian law. The article applies the innovative communications theories generated by the New Haven School to provide a more realistic and relevant approach to the issue of international law-making in this area. The article provides an overview of the emergence of changed expectations relating to the restrictions on the scope …

Recognition Of Palestinian Statehood: A Clarification Of The Interests Of The Concerned Parties, Winston Nagan, Aitza Haddad

Winston P Nagan

This paper reviews the history of the claims to statehood and sovereignty of the Palestinian people, from the period of the League of Nations mandate to the current move to secure UN approval of a Palestinian State. The article examines the claims to statehood in international law and examines the problem in the broader context of claims about human rights and humanitarian violations, the Israeli claims to security and legitimacy and the US claims for its mediation goal to ensure that the problem does not descend into a legal vacuum in which the fundamental interests of all parties in security …

Putting The Cart Before The Horse: A Doomed Constitutional Strategy For Negotiating The T-Tip, Emanuela Matei

Emanuela A. Matei

No abstract provided.

Dual Residence And The Right To Migrate Under Eea Law (Arcade Drilling), Emanuela Matei

Emanuela A. Matei

No abstract provided.

Addressing Human Rights Abuses: Truth Commissions And The Value Of Amnesty, Naomi Roht-Arriaza, Peter Schey, Dinah Shelton

Naomi Roht-Arriaza

No abstract provided.

The Committee On The Regions And The Role Of Regional Governments In The European Union, Naomi Roht-Arriaza

Naomi Roht-Arriaza

No abstract provided.

Reparations Decisions And Dilemmas, Naomi Roht-Arriaza

Naomi Roht-Arriaza

No abstract provided.

The International Legal System: Cases And Materials. 6th Edition,, Mary Ellen O'Connell, Richard Scott, Naomi Roht-Arriaza

Naomi Roht-Arriaza

No abstract provided.

Codes Of Conduct: The Fiction Of Corporate Self-Regulation, Naomi Roht-Arriaza

Naomi Roht-Arriaza

No abstract provided.

Developing Countries, Regional Organizations, And The Iso 14001 Environmental Management Standard, Naomi Roht-Arriaza

Naomi Roht-Arriaza

No abstract provided.

International Human Rights Law In United States Courts: Professor Riesenfeld's Contributions, Naomi Roht-Arriaza

Naomi Roht-Arriaza

No abstract provided.

International Decisions–Guatemala Genocide Case, Naomi Roht-Arriaza

Naomi Roht-Arriaza

No abstract provided.

"First, Do No Harm": Human Rights And Efforts To Combat Climate Change, Naomi Roht-Arriaza

Naomi Roht-Arriaza

No abstract provided.

Compliance With Private Voluntary Agreements: The Example Of The International Organization For Standardization's Iso 14000, Naomi Roht-Arriaza

Naomi Roht-Arriaza

No abstract provided.

The Pinochet Precedent And Universal Jurisdiction, Naomi Roht-Arriaza

Naomi Roht-Arriaza

No abstract provided.

Of Seeds And Shamans: The Appropriation Of The Scientific And Technical Knowledge Of Indigenous And Local Communities, Naomi Roht-Arriaza

Naomi Roht-Arriaza

No abstract provided.

Bending The Arc: How To Achieve Justice At The International Criminal Court, Jacqueline Mcallister

Jacqueline McAllister

Why International Law Favors Emigration Over Immigration, Thomas Kleven

Thomas Kleven

No abstract provided.