Law Commons^™

Inherent Powers, Ignoble History Make New Idea Anything But Innocuous, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

Binding The Dogs Of War: Japan And The Constitutionalizing Of Jus Ad Bellum, Craig Martin

Craig Martin

There is still very little constitutional control over the decision to use armed force, and very limited domestic implementation of the international principles of jus ad bellum, notwithstanding the increasing overlap between international and domestic legal systems and the spread of constitutional democracy. The relationship between constitutional and international law constraints on the use of armed force has a long history. Aspects of constitutional theory, liberal theories of international law, and transnational process theory of international law compliance, suggest that constitutional design could legitimately be used as a pre-commitment device to lock-in jus ad bellum principles, and thereby enhance compliance …

Will President Obama Finally Bury King Leopold’S Ghost? Common Dreams, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

Applying The Rule Of Law To All Heads Of State, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

The Un-Exceptionalism Of U.S. Exceptionalism, Sabrina Safrin

Sabrina Safrin

This Article challenges the prevailing view that the United States acts exceptionally by examining the insufficiently considered legal exceptionalism of other countries. It puts U.S. Exceptionalism in perspective by identifying European exceptionalism as well as noting developing country exceptionalism, pointing to the exceptional rules sought by the European Union and by developing countries in numerous international agreements and institutions. It argues that most nations seek different international rules for themselves, or double-standards, when they perceive themselves to have an exceptional need. Indeed, in cases of exceptional need, numerous countries believe themselves entitled to exceptional legal accommodation and may even perceive …

U.S./U.K. Allies Grab Congo Riches And Millions Die: 2001-03 Un Expert Reports, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

The Precedent Was Set In The Balkans: If You Look At U.S. And U.N. Actions Honestly, It Becomes Harder To Fault Russia For The Current Situation, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

Ec Incentive Arrangements For Sustainable Development And Good Governance (Gsp Plus) And Wto Law – Critical Analysis, Lukasz A. Gruszczynski

Lukasz A Gruszczynski

This article analyses the current general system of preferences of the EC in order to assess its conformity with the international obligations imposed by law of the World Trade Organization. The analysis is carried out in light of the recent WTO ruling, which found the old system of preferences incompatible with WTO law. In this context, the article argues that some aspects of the new system relating to special incentive arrangements for sustainable development and good governance may potentially conflict with the requirements of international trade law.

Africa, Mark J. Calaguas

Mark J Calaguas

The Africa Committee's contribution to the 2007 Year-in-Review issue of the American Bar Association Section of International Law's quarterly journal, The International Lawyer.

Sovereign Debt Restructuring: Search For An Optimum Voting Threshold, Joy Dey

Joy Dey

Sovereigns have been defaulting on their debts over decades now. A sovereign debt default necessitates a restructuring of the debt instrument in order to reduce the size of the debt or lengthen the maturity period. One of the methods of debt restructuring is an ‘exchange offer’ where the old debt instrument, for example the bond, is exchanged for new debt instruments with altered terms and conditions, particularly the payment terms. Whereas some investors may agree to such restructuring and accept the exchange offer, others might have different aspirations for their investments. A successful sovereign debt restructuring takes place when the …

A Dinâmica Dos Novos Atores Nas Negociações Do Acordo Entre Mercosul E Ce, Daniela Menengoti Ribeiro

Daniela Menengoti Ribeiro

The present article considers a look on the diversity of actors in the formation of the integration blocks, with special prominence for the conjuncture of the agreement between Mercosul and European Community, being based on the conception antiformalist of the international law. Beyond the traditional actors other different groups and structuralized associations around of the local, national or international challenges, mark the ideas politics of the formations of the regional blocks, as well as of the agreements between blocks. This phenomenon of identification of the new actors politicians would be unquestionable if the traditional methodology of the jurists and the …

The Australia-Chile Free Trade Agreement 2008: Intellectual Property And Development. A Submission To The Joint Standing Committee On Treaties., Matthew Rimmer

Matthew Rimmer

“The Intellectual Property chapter locks in Australia and Chile’s current standards of intellectual property protection for patents, trademarks, geographical indications and copyright, including through appropriate enforcement mechanisms”Regulatory Impact Statement 2008“The public domain is of crucial importance for researchers, academics, teachers, artists, authors and enterprises, which require a rich base of content for their new creations, as well as for those institutions, the function of which is to preserve or disseminate knowledge, such as universities, research centers, libraries, information services, archives and museums.”Submission of the Government of Chile to the World Intellectual Property Organization.“We do not want our trade representatives to …

Tercer Congreso Nacional De Organismos Públicos Autónomos, Bruno L. Costantini García

Bruno L. Costantini García

Tercer Congreso Nacional de Organismos Públicos Autónomos

"Autonomía, Reforma Legislativa y Gasto Público"

La Clausula Paramount, Salvador Francisco Ruiz Medrano

Salvador Francisco Ruiz Medrano

Paramount clause acts as a referral clause or reference to a certain set of standards, and achieved that in maritime transport, the charterer is subject to the mandatory regime of responsibilities established in the agreement to bring the clause. However, it must be noted that the grade you receive this clause may be varied, so is can be seen as the rule of autonomy of the parties, or as alleged incorporation by reference or even as a possible standard required application.

The Torture Of Sami Al Arian, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

Towards Accountability For Mass Crimes: A Report Of The Indian Campaign On International Criminal Court 2000-2007, Saumya Uma, Pouruchisti Wadia

Saumya Uma

This contains a detailed narrative on the activities undertaken by ICC-India - an anti-impunity campaign on mass crimes and international law, from 2000 to 2007. The publication elaborates the work of the campaign on information dissemination, campaign and advocacy, research and publication, alliance-building and media outreach. It includes 16 pages of colour photographs, as well as illustrations in the form of graphs, tables and maps. Published by Women's Research & Action Group, 2008, English, 90 pages.

Transnational Corporations (Tncs) And The Effective Implementation Of Social And Economic Rights: Current And Prospective Avenues, Analia Marsella

Analia Marsella Sende

In this Essay, I explain the role and impact of transnational corporations in the process of development and implementation of economic and social rights at a global scale and identify the solutions that I regard as plausible. I do so from an international human rights perspective that integrates both the legal and non-legal approaches. I concentrate on the international aspects of legalization, adjudication, and policy making. First, I analyze social and economic rights in the current context, the old and most recent understandings, and the challenges posed by the phenomenon of globalization together with the rising of corporations in the …

Who Killed Benazir Bhutto? Why Not Ask Charlie Wilson... Or George Bush?, C. Peter Erlinder

C. Peter Erlinder

No abstract provided.

A Hartman Hotz Symposium: Intelligence, Law, And Democracy, Steve Sheppard, Robin Butler, William Howard Taft Iv, Alberto Mora

Steve Sheppard

On April 25, 2007, the Hartman Hotz Trust of the University of Arkansas hosted a symposium to discuss the relationships between intelligence, law, and democracy. This article contains a transcript of the topics discussed at the symposium. Don Bobbit, Dean of the Fulbright College introduced the panel, and Steve Sheppard, Enfield Professor of Law, moderated the discussion. The panelists included three guests with experience in the intelligence field: Lord Robin Butler, former head of the British Civil Service; Alberto Mora, former General Counsel of the United States Navy; and William Howard Taft IV, former Acting Secretary of Defense and Legal …

Law And Morality, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Natural Justice And Its Applications In Administrative Law, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Capacity Of The State And Its Subordinates, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Judicial Review, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Functioning Of The Law Commission Of India, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

J.S Mill On Liberty, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

Bar Council Of India, Mubashshir Sarshar

Mubashshir Sarshar

No abstract provided.

The Most-Favoured-Nation Clause In International Investment Agreements: A Tool For Treaty Shopping?, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

A Quince Años Del Capítulo Xi Del Tlcan, Alejandro Faya Rodriguez

Alejandro Faya Rodriguez

No abstract provided.

Humanization Of The International Law, Timur R. Korotkiy

Timur R. Korotkiy

Короткий Т.Р. Гуманизация международного права / Т.Р. Короткий // Наукові праці Одеської національної юридичної академії / Голов. ред. С.В. Ківалов. - Т. 7. - 2008. - С. 170-181

The article deals with the process of humanization of international law and the international legal system as a whole. The author discloses a complex nature of humanization of international law in terms of mainstreaming human rights. The article substantiates the role of globalization as the cause that the principle of democracy in international law. The role of triad of principles of international law (the rule of law, humanization and democratization) in international …

Presentation: U.S. Licensing Regulation As A Model For Developing Countries, Benton C. Martin

Benton C. Martin

Highlights differences between legislation regulating goverment labs and universities and discusses the implications of these differences for developing countries seeking to emulate United States technology transfer legislation. Concludes that diversity amongst countries based on historical context and infrastructure is vital, just as it has been in regulating different types of institutions in the United States.