Open Access. Powered by Scholars. Published by Universities.®
- Institution
-
- Case Western Reserve University School of Law (28)
- Georgetown University Law Center (11)
- American University Washington College of Law (10)
- University of Georgia School of Law (10)
- University of Colorado Law School (9)
-
- Boston University School of Law (8)
- Columbia Law School (8)
- Cornell University Law School (7)
- Loyola University Chicago, School of Law (5)
- Maurer School of Law: Indiana University (5)
- University of Miami Law School (5)
- University of Michigan Law School (5)
- University of New Mexico (5)
- University of Pennsylvania Carey Law School (5)
- Villanova University Charles Widger School of Law (5)
- Cleveland State University (4)
- Duke Law (4)
- New York Law School (4)
- Notre Dame Law School (4)
- Pace University (4)
- University of Nevada, Las Vegas -- William S. Boyd School of Law (4)
- DePaul University (3)
- The Peter A. Allard School of Law (3)
- Touro University Jacob D. Fuchsberg Law Center (3)
- University of Maryland Francis King Carey School of Law (3)
- Brigham Young University Law School (2)
- Florida A&M University College of Law (2)
- Penn State Law (2)
- Saint Louis University School of Law (2)
- Schulich School of Law, Dalhousie University (2)
- Keyword
-
- International law (29)
- International Law (20)
- Human rights (17)
- Human Rights Law (8)
- Genocide (5)
-
- Jurisdiction (5)
- China (4)
- Comparative Law (4)
- Treaties (4)
- Constitutional law (3)
- Courts (3)
- Customary international law (3)
- Dispute Resolution (3)
- European Union (3)
- Immigration Law (3)
- Indigenous peoples (3)
- International (3)
- International human rights (3)
- John Linarelli (3)
- Justice (3)
- Kyoto Protocol (3)
- States (3)
- Supreme Court (3)
- Transitional justice (3)
- United Nations (3)
- United Nations Framework Convention on Climate Change (3)
- United States (3)
- WTO (3)
- AJIL (2)
- Adaptation (2)
- Publication
-
- Faculty Scholarship (32)
- War Crimes Memoranda (27)
- Articles (13)
- Scholarly Works (13)
- Publications (11)
-
- All Faculty Scholarship (9)
- Georgetown Law Faculty Publications and Other Works (9)
- Articles in Law Reviews & Other Academic Journals (7)
- Journal Articles (7)
- Articles by Maurer Faculty (5)
- Cornell Law Faculty Publications (5)
- Faculty Publications (5)
- Faculty Publications & Other Works (5)
- Working Paper Series (5)
- Climate Change and the Future of the American West: Exploring the Legal and Policy Dimensions (Summer Conference, June 7-9) (4)
- Elisabeth Haub School of Law Faculty Publications (4)
- Law Faculty Articles and Essays (4)
- All Faculty Publications (3)
- Articles & Chapters (3)
- College of Law Faculty (3)
- LLM Theses and Essays (3)
- Popular Media (3)
- Articles, Book Chapters, & Popular Press (2)
- Cornell Law School J.D. Student Research Papers (2)
- Faculty Articles (2)
- Faculty Articles and Papers (2)
- Journal Publications (2)
- Law Faculty Scholarly Articles (2)
- McGeorge School of Law Scholarly Articles (2)
- Research Collection Yong Pung How School Of Law (2)
Articles 151 - 180 of 224
Full-Text Articles in Law
Domestic Enforcement Of International Decisions – Remarks By Lori F. Damrosch, Lori Fisler Damrosch
Domestic Enforcement Of International Decisions – Remarks By Lori F. Damrosch, Lori Fisler Damrosch
Faculty Scholarship
I approach this topic first within the centennial framework, and then with attention to the Sanchez-Llamas and Bustillo cases just argued at the Supreme Court, as well as the Medellin case (pending in Texas) and other current problems.
Calling Genocide By Its Rightful Name: Lemkin's Word, Darfur, And The Un Report, David Luban
Calling Genocide By Its Rightful Name: Lemkin's Word, Darfur, And The Un Report, David Luban
Georgetown Law Faculty Publications and Other Works
When the United Nations commission investigating Darfur issued its report in January 2005, it concluded that the Darfur atrocities represented war crimes and crimes against humanity, but not genocide. This had the harmful effect of deflating efforts to mobilize political support to halt the Darfur atrocities. But the Commission's conclusion was based entirely on technicalities in the legal definitions of the international crimes, not on denial that extermination is going on in Darfur. In this paper, the author argues that the legal and popular meanings of genocide have diverged in harmful ways: where laymen understand that mass killings and rapes …
Supremacy And Diplomacy: The International Law Of The U.S. Supreme Court, Harlan G. Cohen
Supremacy And Diplomacy: The International Law Of The U.S. Supreme Court, Harlan G. Cohen
Scholarly Works
In 2003-2004, a Presidential campaign year dominated by debates about international affairs and international law, the U.S. Supreme Court took an unusual number of cases of international import. The Court considered the Alien Tort Claims Act and the future of human rights suits in U.S. courts, the applicability of the Foreign Sovereign Immunity Act to claims involving Nazi-stolen artwork, the applicability of American antitrust law to foreign anticompetitive activity, and the legality of the Guantanamo detentions. A great deal of ink has been spilled analyzing the individual impacts of each of these cases. What has been less considered is how …
Does One Need To Be An International Lawyer To Be An International Environmental Lawyer?, Daniel M. Bodansky
Does One Need To Be An International Lawyer To Be An International Environmental Lawyer?, Daniel M. Bodansky
Scholarly Works
The question I want to address is whether one can now say that IEL [International Environmental Law] represents a distinct field. Of course, it is a distinct field in the sense that it addresses a distinct set of problems and has developed a wide body of primary rules in response. However, is it a distinct field in the stronger sense of having its own characteristic methodologies and techniques?
International Law In Black And White, Daniel M. Bodansky
International Law In Black And White, Daniel M. Bodansky
Scholarly Works
Is the study of international law an art or a science? Can the role of international law be explained by general rules, with predictive value? Or does it require the exercise of judgment, in order to account for the richness and complexity of international life? Traditionally, international lawyers have gravitated to the latter view, analyzing issues in an essentially ad hoc and eclectic manner. In their controversial new book, THE LIMITS OF INTERNATIONAL LAW, Jack Goldsmith and Eric Posner argue forcefully for a more scientific approach, relying on the methodology known as rational choice theory. The article examine the book's …
A Negative Proof Of International Law, Peter J. Spiro
A Negative Proof Of International Law, Peter J. Spiro
Scholarly Works
Important legal scholars have launched assaults against both the consequence and legitimacy of international law. These challenges are useful by way of testing international law's theoretical underpinnings, which, in the modern period at least, have never been very secure. With THE LIMITS OF INTERNATIONAL LAW, Jack Goldsmith and Eric Posner have done a service to those who put more faith in international law as a meaningful quantity. Especially in these the field's early renaissance years, understandings of international law should be considerably strengthened by the attack. Though I doubt the authors would thus conceive of their project, THE LIMITS OF …
South Korea's National Security Law: A Tool Of Oppression In An Insecure World, Diane B. Kraft
South Korea's National Security Law: A Tool Of Oppression In An Insecure World, Diane B. Kraft
Law Faculty Scholarly Articles
In September 2004, the ruling party in South Korea, along with two opposition parties, called for the abolishment of the 1948 anti-communist National Security Law. The following month, Amnesty International, a long-time critic of the law, officially called for the law's repeal. The law had been enacted in 1948 in response to threats from communist North Korea, but has long been used by the government to silence legitimate opposition in South Korea. This Comment will examine South Korea's National Security Law as viewed by its domestic supporters and critics, as well as by the international community. Part I will consider …
Jury Trial And The Principles Of Transnational Civil Procedure, Geoffrey C. Hazard Jr.
Jury Trial And The Principles Of Transnational Civil Procedure, Geoffrey C. Hazard Jr.
All Faculty Scholarship
No abstract provided.
Deriving Support From International Law For The Right To Counsel In Civil Cases, Sarah Paoletti
Deriving Support From International Law For The Right To Counsel In Civil Cases, Sarah Paoletti
All Faculty Scholarship
No abstract provided.
The Gender Of Jus Cogens, Christine M. Chinkin, Hilary Charlesworth
The Gender Of Jus Cogens, Christine M. Chinkin, Hilary Charlesworth
Book Chapters
Defenders of the notion of jus cogens often explain its basis as the collective international, rather than the individual national, good. On this analysis, principles of jus cogens play a similar role in the international legal system to that played by constitutional guarantees of rights in domestic legal systems. Thus states, as national political majorities, accept the limitation of their freedom of choice "in order to reap the rewards of acting in ways that would elude them under pressures of the moment." Among those jurists who accept the category of jus cogens, however, continuing controversy remains over what norms …
Walking The Tightrope: Doing International Business In Light Of The U.S. Iranian Transaction Regulations Concept Of "Facilitation", Rex Zedalis
Articles, Chapters in Books and Other Contributions to Scholarly Works
No abstract provided.
Inheritance Law In Tanzania: The Impoverishment Of Widows And Daughters, Tamar Ezer
Inheritance Law In Tanzania: The Impoverishment Of Widows And Daughters, Tamar Ezer
Articles
No abstract provided.
Child Marriage And Guardianship In Tanzania: Robbing Girls Of Their Childhood And Infantilizing Women, Tamar Ezer, Kate Kerr, Kara Major, Aparna Polavarapu, Tina Tolentino
Child Marriage And Guardianship In Tanzania: Robbing Girls Of Their Childhood And Infantilizing Women, Tamar Ezer, Kate Kerr, Kara Major, Aparna Polavarapu, Tina Tolentino
Articles
No abstract provided.
Pro-Democratic Intervention In Africa, Jeremy I. Levitt
Pro-Democratic Intervention In Africa, Jeremy I. Levitt
Journal Publications
In the past twenty years the people of the African continent have experienced human suffering on a scale unparalleled in human history. For the past decade I have examined and documented the evolution of Africa's peacekeeping, peace enforcement, regional collective security, and conflict management landscape as well as Africa's contribution to international law, particularly as it relates to the jus ad bellum, "the law of the use of force". Although an abundance of scholarly work and official studies have examined the complexities of humanitarian intervention, only a select body of credible work has considered the phenomenon of pro-democratic intervention (PDI)--very …
Illegal Peace?: An Inquiry Into The Legality Of Power-Sharing With Warlords And Rebels In Africa, Jeremy I. Levitt
Illegal Peace?: An Inquiry Into The Legality Of Power-Sharing With Warlords And Rebels In Africa, Jeremy I. Levitt
Journal Publications
When warlords use violence to coerce democratically constituted governments to share power, does power-sharing simply become a euphemism for "guns for jobs"? Which legal rules, if any, govern peace agreements in internal conflicts? Specifically, which rules regulate power-sharing? Are the aims of peace, justice, and adherence to the rule of law attainable, let alone compatible, with coerced political transitions where warlords force democratically constituted or legitimate governments to share power?
This Article represents the first conscientious attempt to address these questions, present a conceptual framework for examining the legal and political efficacy of coercing democratically constituted governments into sharing power, …
Mixed Blessings: The Great Lakes Compact And Agreement, The Ijc, And International Dispute Resolution, Austen L. Parrish
Mixed Blessings: The Great Lakes Compact And Agreement, The Ijc, And International Dispute Resolution, Austen L. Parrish
Articles by Maurer Faculty
For scholars of international law and international dispute resolution, the Great Lakes-St. Lawrence River Basin Water Resources Compact and Agreement may seem a mixed blessing. On the one hand, they promise environmental cooperation and management of the Great Lakes at an unprecedented scale. The agreements have been heralded as a tremendous advancement in state-provincial relations. On the other hand, international scholars should be nervous for what the agreements signify for international law and dispute resolution. The Compact and Agreement are remarkable for replacing an already functioning regulatory regime: the 1909 Boundary Waters Treaty, administered by the International Joint Commission.
This …
Triptych: Sectarian Disputes, International Law, And Transnational Tribunals In Drinan's "Can God And Caesar Coexist?", Christopher J. Borgen
Triptych: Sectarian Disputes, International Law, And Transnational Tribunals In Drinan's "Can God And Caesar Coexist?", Christopher J. Borgen
Faculty Publications
Can international law be used to address conflicts that arise out of questions of the freedom of religion? Modern international law was born of conflicts of politics and religion. The Treaty of Westphalia, the seed from which grew today's systems of international law and international relations, attempted to set out rules to end decades of religious strife and war across the European continent. The treaty replaced empires and feudal holdings with a system of sovereign states. But this was within a relatively narrow and historically interconnected community: Protestants and Catholics, yes, but Christians all. Europe was Christendom.
To what extent …
Poverty, Agency And Resistance In The Future Of International Law: An African Perspective, Obiora Chinedu Okafor
Poverty, Agency And Resistance In The Future Of International Law: An African Perspective, Obiora Chinedu Okafor
Articles & Book Chapters
This article enquires into the likely posture of future international law with respect to African peoples. It does so by focusing on three of the most important issues that have defined, and are likely to continue to define, international law’s engagement with Africans. These are: the grinding poverty in which most Africans live, the question of agency in their historical search for dignity, and the extent to which these African peoples can effectively resist externally imposed frameworks and measures that have negative effects on their social, economic and political experience. International law’s future posture in these respects is considered through …
Domesticating The Exotic Species: International Biodiversity Law In Canada, Natasha Affolder
Domesticating The Exotic Species: International Biodiversity Law In Canada, Natasha Affolder
All Faculty Publications
While a significant body of international and regional agreements now addresses habitat preservation, wildlife protection, and biological diversity, these advances on the international level often fail to be effectively translated into domestic law. In this article, the author argues that international biodiversity law is being treated in Canada as "exotic". It is peppered into parties' submissions without a principled explanation of its role in Canadian law, receives little consideration from the courts, and must ultimately rely on non-legal means of enforcement. The author examines the jurisprudence dealing with four major biodiversity treaties. She notes that the judicial treatment of these …
China And The Human Right To Health: Selective Adaptation And Treaty Compliance, Pitman B. Potter
China And The Human Right To Health: Selective Adaptation And Treaty Compliance, Pitman B. Potter
All Faculty Publications
The international community has devoted considerable energy to dialogue and exchanges with China on issues of treaty compliance in areas of trade and human rights, and while many improvements are evident in China’s legal regimes for trade and human rights, problems remain. Further, academic and policy discourses on China’s trade and human rights policy and practice are all too often conflicted by normative differences and illusions about them. The paradigm of “selective adaptation” offers a potential solution by examining compliance with international trade and human rights treaties by reference to the interplay between normative systems associated with international rule regimes …
Tourism In Antarctica: History, Current Challenges And Proposals For Regulation, Juan Y. Harcha
Tourism In Antarctica: History, Current Challenges And Proposals For Regulation, Juan Y. Harcha
LLM Theses and Essays
Tourism in the Antarctic has experienced rapid growth throughout the last fifteen years with over 30,000 people visiting the white continent during the 2005 - 2006 season. Such expansion offers a host of new activities for visitors to explore this immense wilderness, yet it brings considerable unease over the future of Antarctica. As of 1961, issues concerning the white continent have been dealt with under the Antarctic Treaty System, which has provided the forum for the discussion of numerous measures. This paper looks into the history of tourism, analyzes the main challenges such industry poses, and attempts an assessment of …
The Proliferation Security Initiative And The Evolution Of The Law On The Use Of Force, Mark R. Shulman
The Proliferation Security Initiative And The Evolution Of The Law On The Use Of Force, Mark R. Shulman
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Middle Eastern And North African Hydropolitics: From Eddies Of Indecision To Emerging International Law, Elizabeth Burleson
Middle Eastern And North African Hydropolitics: From Eddies Of Indecision To Emerging International Law, Elizabeth Burleson
Elisabeth Haub School of Law Faculty Publications
No abstract provided.
Training Manual On International Environmental Law, Nicholas A. Robinson
Training Manual On International Environmental Law, Nicholas A. Robinson
Elisabeth Haub School of Law Faculty Publications
Without analyzing each of the hundreds of agreements and instruments in the field, this Training Manual seeks to provide a comprehensive overview of the current body of environmental law. It is aimed at legal stakeholders from all backgrounds including government representatives, judges, university professors and students from both developed and developing countries, to enable them to more effectively participate in the global, regional and national efforts to preserve our Earth for future generations. Specific topics are first presented at the international level and then followed by extracts of national legislation showcasing real life examples of how national law today reflects …
Addressing The Scourge Of Human Trafficking: The Challenge Ahead, Roza Pati
Addressing The Scourge Of Human Trafficking: The Challenge Ahead, Roza Pati
Faculty Articles
No abstract provided.
An Emerging Uniformity For International Law, David H. Moore
An Emerging Uniformity For International Law, David H. Moore
Faculty Scholarship
No abstract provided.
Conflicts Of Interest In International Human Drug Research And The Insufficiency Of International Protections, Robert Gatter
Conflicts Of Interest In International Human Drug Research And The Insufficiency Of International Protections, Robert Gatter
All Faculty Scholarship
The problem of financial conflicts of interest in human subjects research is international in scope as drug manufacturers conduct trials in countries outside of the U.S., Japan, and the European Union, thereby side-stepping domestic regulation of conflicts of interest. Because such out-sourcing of human drug trials results in exporting risks associated with financial conflicts of interest, this essay examines the primary international sources for regulating those conflicts. These sources include the World Health Organization’s Guidelines for Good Clinical Practice for Trials on Pharmaceutical Products, the Guidelines for Good Clinical Practice adopted by the International Conference on Harmonisation of Technical Requirements …
Remembering Sudetenland: On The Legal Construction Of Ethnic Cleansing, Timothy W. Waters
Remembering Sudetenland: On The Legal Construction Of Ethnic Cleansing, Timothy W. Waters
Articles by Maurer Faculty
What is the true shape of our commitment to prohibit ethnic cleansing? This Article explores that question by considering a case observers have almost universally decided does not constitute ethnic cleansing. It examines the recent controversy in the European Union, when Sudeten Germans demanded that the Czech Republic apologize for having expelled them after WWII before being admitted to the EU. Their demands were almost universally rejected and the legality of the expulsions was reconfirmed by all relevant actors. So what is the consequence for customary international law's rules on ethnic cleansing?
The Article derives the customary legal norms logically …
Foreign And International Law In Constitutional Gay Rights Litigation: What Claims, What Use And Whose Law?, William D. Araiza
Foreign And International Law In Constitutional Gay Rights Litigation: What Claims, What Use And Whose Law?, William D. Araiza
Faculty Scholarship
No abstract provided.
Comparative Study Of The Formation Of Electronic Contracts In American Law With References To International Law, Roberto Rosas
Comparative Study Of The Formation Of Electronic Contracts In American Law With References To International Law, Roberto Rosas
Faculty Articles
An understanding of the basic principles that regulate contract formation is of great importance when deciphering the most appropriate ways of fom1ing a new contract or when assessing the legality of an already existing contract. While the basic rules of contract formation are generally applicable to all types of contracts regardless of the method utilized in their creation, there are some juridical rules that apply specifically to electronically created contracts.