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Articles 1 - 30 of 41
Full-Text Articles in Law
The Role Of The International Law Commission In The Decade Of International Law, Sompong Sucharitkul
The Role Of The International Law Commission In The Decade Of International Law, Sompong Sucharitkul
Publications
The object of this study is, as suggested by its title: "The Role of the International Law Commission in the Decade of International Law". In this exercise, the title role will be played by the International Law Commission in the context of the 'Decade of International Law' recently proclaimed by the General Assembly of the United Nations. The contribution to be expected of the Commission will be viewed from the perspective of the prospect of enhancing the practice of states in the adoption of available means of their choice for the peaceful settlement of international disputes.
Free Speech: It's Great For Hate, Kenneth Lasson
Free Speech: It's Great For Hate, Kenneth Lasson
All Faculty Scholarship
No abstract provided.
Michael Van Walt's The Status Of Tibet: History, Rights And Prospects In International Law, Rebecca Redwood French
Michael Van Walt's The Status Of Tibet: History, Rights And Prospects In International Law, Rebecca Redwood French
Book Reviews
No abstract provided.
More Lessons From Japan: End Industrywide Collective Bargaining?, Robert H. Lande, Richard O. Zerbe Jr.
More Lessons From Japan: End Industrywide Collective Bargaining?, Robert H. Lande, Richard O. Zerbe Jr.
All Faculty Scholarship
The number of books and articles discussing Japanese management techniques with an eye to transplanting them to the United States is staggering. Americans understandably are impressed by Japanese efficiency and like to think the adoption of some of their techniques will aid our own industries. Often these proposals seem fanciful and fail to recognize the many differences between the two countries, their economic systems and cultures.
Roundtable: The United States Constitution And The Adoption Of International Human Rights Instruments: Freeing The Political Logjam: Keynote Address: Proposals For The Future, Louis B. Sohn
Scholarly Works
As it has already been mentioned today, we are living in a rather exciting time as far as human rights are concerned. Since 1917, we have lived under both the shadow of the Soviet Revolution and the threat of Communism becoming the great idea of the future. We know now that this did not come to pass, and that communism has proved to be unable to assert is superiority over other existing political systems. A chance and opportunity now exists for the United States to show that it can do better, that its goal is not to take over the …
Standing To Challenge Human Endeavors That Could Change The Climate, Frederic L. Kirgis
Standing To Challenge Human Endeavors That Could Change The Climate, Frederic L. Kirgis
Scholarly Articles
None available.
Globalization Of International Law In A Contemporary International Community, Sompong Sucharitkul
Globalization Of International Law In A Contemporary International Community, Sompong Sucharitkul
Publications
An article submitted to Leids Politicologisch Magazine.
Testimony Before The Senate Committee On Foreign Relations, Convention Against Torture, David F. Forte
Testimony Before The Senate Committee On Foreign Relations, Convention Against Torture, David F. Forte
Law Faculty Presentations and Testimony
Hearing to examine issues related to U.S. ratification of the UN Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment requiring nations to take measures to prevent torture and cruel and inhuman treatment, to prosecute or extradite alleged torturers, and to provide civil remedies for torture victims.
Support for U.S. ratification of UN convention against torture; examination of and concerns about proposed reservations and conditions to convention text (related materials, p. 49-60, 69-72); justification for certain reservations relating to U.S. sovereignty.
Sec Regulation Of Multijurisdictional Offerings, Roberta S. Karmel
Sec Regulation Of Multijurisdictional Offerings, Roberta S. Karmel
Faculty Scholarship
No abstract provided.
Persecution Based On Membership In A Particular Social Group: Jurisprudence In The Federal Republic Of Germany, Maryellen Fullerton
Persecution Based On Membership In A Particular Social Group: Jurisprudence In The Federal Republic Of Germany, Maryellen Fullerton
Faculty Scholarship
No abstract provided.
Attributing Acts Of Omission To The State, Gordon A. Christenson
Attributing Acts Of Omission To The State, Gordon A. Christenson
Faculty Articles and Other Publications
In determining what conduct is attributable to the State under the international law of State responsibility, we normally work from specific behavior of particular government officials acting alone or in concert. Because the abstract "State" acts only through "agents" in control of the State or some part of its apparatus, any such acts of those individuals are attributed to the State if done under actual or apparent authority of the State. Responsibility of the State engages when such conduct causes harm in breach of international obligation.
The Interpretation Of International Maritime Conventions In United States Law, Mark Weston Janis
The Interpretation Of International Maritime Conventions In United States Law, Mark Weston Janis
Faculty Articles and Papers
In the United States, the interpretation of international maritime conventions is carried out within the general context of U.S. constitutional law. The Constitution's Article 11(2) provides that the President of the United States is granted the Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two-thirds of the Senators present concur. Article 111(2) extends the judicial power of the United States to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority. Article VI(2) instructs that the …
Effective National And International Action Against Organized Crime And Terrorist Criminal Activities, M. Bassiouni
Effective National And International Action Against Organized Crime And Terrorist Criminal Activities, M. Bassiouni
College of Law Faculty
No abstract provided.
English White Paper Law Reforms: An Outline For Equal Access To Justice?, Jay C. Carlisle
English White Paper Law Reforms: An Outline For Equal Access To Justice?, Jay C. Carlisle
Elisabeth Haub School of Law Faculty Publications
It is highly likely that by the end of 1989, legislation proposing the most dramatic changes in the English legal profession in this century will be introduced by the Lord Chancellor of Great Britain in the House of Lords. If Lords approve the legislation, it will be sent to the House of Commons early in 1990 and will become effective by Royal Assent shortly thereafter. The Lord Chancellor's reforms will abolish the barristers' monopoly of audience in higher courts, partially limit the statutory bar on multidisciplinary and multinational partnerships, introduce a modified contingency fee, permit building societies and banks to …
Rebirth Of Chinese Legal Scholarship, With Regard To International Law, Sompong Sucharitkul
Rebirth Of Chinese Legal Scholarship, With Regard To International Law, Sompong Sucharitkul
Publications
The fate of Chinese legal scholarship appears to have been closely linked to the chronological development of legal education in China. The periods of incubation of legal scholarship covered nearly three decades of internal strife and political turmoil from 1949 to 1978. The rebirth of Chinese legal scholarship did not take place immediately upon China's return to the United Nations (in 1971). This return, however, marked the first sign of a change of policy towards legal scholarship. The author briefly describes the history, development and current status of (Chinese) legal scholarship and attitude towards international law in China.
Thai Nationality In International Perspective, Sompong Sucharitkul
Thai Nationality In International Perspective, Sompong Sucharitkul
Publications
Paper published as chapter 10 in Nationality and International Law in Asian Perspective (Martinus Nijhoff, 1990).
Admission Of "Palestine" As A Member Of A Specialized Agency And Withholding Payment Of Assessments In Response, Frederic L. Kirgis
Admission Of "Palestine" As A Member Of A Specialized Agency And Withholding Payment Of Assessments In Response, Frederic L. Kirgis
Scholarly Articles
None available.
International Obligation And The Theory Of Hypothetical Consent, Fernando R. Tesón
International Obligation And The Theory Of Hypothetical Consent, Fernando R. Tesón
Scholarly Publications
In this article I make three related arguments. First, I argue that the traditional approach to the problem of international obligation is incomplete and much too simplistic. Drawing in part on the ideas of Ronald Dworkin, I suggest that rather than a question of fidelity to international law, the foundational problem is the determination of international law. Second, I consider and reject two theories of international obligation: the theory based on the concept of interdependence and the theory of actual consent of states. Third, I suggest a theory of international obligation based on human rights. This theory is drawn from …
Disappearances And The Inter-American Court: Reflections On A Litigation Experience, Juan E. Mendez
Disappearances And The Inter-American Court: Reflections On A Litigation Experience, Juan E. Mendez
Articles in Law Reviews & Other Academic Journals
No abstract provided.
The Invasion Of Panama Was A Lawful Response To Tyranny, Anthony D'Amato
The Invasion Of Panama Was A Lawful Response To Tyranny, Anthony D'Amato
Faculty Working Papers
The Grenada and Panama interventions contributed to the momentum of popular sovereignty. Not only did the United States remove tyrannical leaders from those two countries, but more importantly it set an example that has undoubtedly shaken other ruling elites that enjoy tyrannical control in their own countries. For even if some of those entrenched elites regard themselves as secure against popular uprising in their own countries (usually by the application of torture and brutality against political dissidents), they cannot now feel totally insulated against foreign humanitarian intervention. Thus, Grenada and Panama may very well act as catalysts in the current …
Navigating The Shoals Of ‘Use’ Immunity And Secret International Enterprises In Major Congressional Investigations: Lessons Of The Iran-Contra Affair, George Van Cleve, Charles Tiefer
Navigating The Shoals Of ‘Use’ Immunity And Secret International Enterprises In Major Congressional Investigations: Lessons Of The Iran-Contra Affair, George Van Cleve, Charles Tiefer
Faculty Articles
In its Iran-Contra investigation, Congress faced legal challenges which evolved logically from the two-century long history of Congressional investigations, and yet at the same time were unmatched in their significance. One challenge concerned "use" immunity, and its employment when high advisers to the President faced parallel Congressional and criminal proceedings. A second concerned the investigation of a secret international "Enterprise," which, like similar enterprises, was established overseas to carry on international operations without public accountability, and was protected by multiple layers of secrecy sanctioned by law. This article addresses how history brought Congress to those challenges, and how Congress met …
The Deforestation Of The Brazilian Amazon: Law, Politics, And International Cooperation, Henry Mcgee, Kurt Zimmerman
The Deforestation Of The Brazilian Amazon: Law, Politics, And International Cooperation, Henry Mcgee, Kurt Zimmerman
Faculty Articles
This article discusses the Brazilian Amazon rain forest and its remarkable biological diversity. Many scientists believe the world's largest jungle serves as a regional and perhaps even "global thermostat." It is therefore essential that vigorous efforts be directed toward its preservation. This article will examine Brazilian attitudes toward its preservation, and possible solutions to the forest destruction with reference to domestic and international law.
Consequential Damages In Contracts For The International Sale Of Goods And The Legacy Of Hadley, Arthur Murphey
Consequential Damages In Contracts For The International Sale Of Goods And The Legacy Of Hadley, Arthur Murphey
Faculty Scholarship
No abstract provided.
Extradition To A State That Imposes The Death Penalty, Sharon A. Williams
Extradition To A State That Imposes The Death Penalty, Sharon A. Williams
Articles & Book Chapters
This article describes the extradition of prisoners from Canada to a country that imposes the death penalty.
A European Peace Order And The German Question: Legal And Political Aspects, Jost Delbruck
A European Peace Order And The German Question: Legal And Political Aspects, Jost Delbruck
Articles by Maurer Faculty
No abstract provided.
The First Amendment And The International "Free Flow" Of Information, Fred H. Cate
The First Amendment And The International "Free Flow" Of Information, Fred H. Cate
Articles by Maurer Faculty
No abstract provided.
Global Warming: Integrating United States And International Law, Lakshman D. Guruswamy
Global Warming: Integrating United States And International Law, Lakshman D. Guruswamy
Publications
No abstract provided.
The International Trading System, Jagdish N. Bhagwati
The International Trading System, Jagdish N. Bhagwati
Faculty Scholarship
The 25th Anniversary of the founding of UNCTAD is an occasion to remember, not for its failures, which it shares inevitably with every international organization that is set up to address complex economic issues that concern developing countries with diverse constraints and objectives, but for its successes, which have been unduly neglected.
Here, I shall recount only three of the many intellectual accomplishments focusing on the early lead that UNCTAD has provided on questions that have attracted academic attention and invited policy redress in national and international fora.
The World Trading System: Law And Policy Of International Economic Relations, Lori Fisler Damrosch
The World Trading System: Law And Policy Of International Economic Relations, Lori Fisler Damrosch
Faculty Scholarship
This book serves an important need by providing a clear overview of an increasingly complex subject. The author, a leading figure in international trade law, has distilled his accumulated wisdom into an accessible account of the major features of the world trading system. His intended audience includes not only lawyers, but political scientists, economists, government officials and others as well. While he acknowledges that his own "comparative advantage" is in the legal aspects of the field (p. 6), he places the legal concepts in their political and economic context to write a treatment that will be enlightening to readers from …
The Prospects For Enforcing Monetary Judgments Of The International Court Of Justice: A Study Of Nicaragua's Judgment Against The United States, Mary Ellen O'Connell
The Prospects For Enforcing Monetary Judgments Of The International Court Of Justice: A Study Of Nicaragua's Judgment Against The United States, Mary Ellen O'Connell
Articles by Maurer Faculty
No abstract provided.