Law Commons^™

International Rule Of Law And The Market Economy - An Outline, Samuel Bufford

Journal Articles

Law matters in economic development. The Rule of Law is an indispensable foundation for a market economy, which provides an essential environment for the creation and preservation of wealth, economic security, and well-being, and the improvement of the quality of life. The Rule of Law is part of the "software" of governmental regulation that is needed to operate the "hardware" of free markets. Its promotion can make a major contribution to economic growth, and an infrastructure that creates and promites legal rights is an essential platform for economic development. The cumulative costs of doing without the Rule of Law in …

International Insolvency Case Venue In The European Union: The Parmalat And Daisytek Controversies, Samuel Bufford

Journal Articles

The European Union Insolvency Regulation (the EU Regulation) is a giant step forward in promoting international cooperation among EU countries for cross-border insolvency proceedings. It adopts a modified universalist solution to cross-border proceedings insofar as they are located within the EU. However, experience has shown that it needs improvement to work effectively. A venue battle now rages between courts of several European countries over which country's courts will administer particular cross-border proceedings and how the center of main interest is to be determined for this purpose.

This Article begins with a detailed examination of the two principal cases where conflicts …

Has Conduct In Iraq Confirmed The Moral Inadequacy Of International Humanitarian Law? Examining The Confluence Between Contract Theory And The Scope Of Civilian Immunity During Armed Conflict, 16 Duke J. Comp. & Int'l L. 249 (2006), Samuel Vincent Jones

UIC Law Open Access Faculty Scholarship

No abstract provided.

The Iraqi High Tribunal And Rule Of Law: Challenges, Mark A. Drumbl

Scholarly Articles

None available.

Mara’Abe V. Prime Minister Of Israel, Geoffrey R. Watson

Scholarly Articles

No abstract provided.

The American Origins Of Liberal And Illiberal Regimes Of International Economic Governance In The Marshall Court, James T. Gathii

Faculty Publications & Other Works

No abstract provided.

Commerce, Conquest, And Wartime Confiscation, James T. Gathii

Faculty Publications & Other Works

No abstract provided.

Imperialism, Colonialism, And International Law, James T. Gathii

Faculty Publications & Other Works

No abstract provided.

The Sanctity Of Sovereign Loan Contracts And Its Origins In Enforcement Litigation, James T. Gathii

Faculty Publications & Other Works

No abstract provided.

Exporting Culture Wars, James T. Gathii

Faculty Publications & Other Works

No abstract provided.

Statelessness And Roma Communities In The Czech Republic: Competing Theories Of State Compliance, Robyn Linde

Faculty Publications

This paper examines the Czech Republic’s passage in 1993 of a citizenship law that rendered approximately 10,000 to 25,000 members of the Roma community stateless. The Czech Republic, a former satellite state of the Soviet Union, peacefully split from the Slovak Republic with the dissolution of the Czechoslovak Federal Republic (hereafter Czechoslovakia) in 1993, a process known as the Velvet Divorce. Following the dissolution, a new citizenship law came into effect that put steep requirements on individuals who wished to gain or retain Czech citizenship. These requirements included verification of a five-year period of residence, a clean criminal record, and …

Remarks By An Idealist On The Realism Of 'The Limits Of International Law', Kenneth Anderson

Articles in Law Reviews & Other Academic Journals

This paper is a response to Jack L. Goldsmith and Eric A. Posner, 'The Limits of International Law' (Oxford 2005), part of a symposium on the book held at the University of Georgia Law School in October 2005. The review views 'The Limits of International Law' sympathetically, and focuses on the intersection between traditional and new methodologies of international law scholarship, on the one hand, and the substantive political commitments that differing international law scholars hold, on the other. The paper notes that some in the symposium claim that the problem with 'The Limits of International Law' is that it …

As For Self-Representation In The International Criminal Court, Is There An International Right To Self-Representation In War Crimes Trials, Or Should Defense Counsel Be Imposed From The Outset Of The Trial At The Icc? How Should The Icc Deal With A Defendant-Lawyer Who Uses Self-Representation To Disrupt The Orderly Trial Proceedings?, Chelan Bliss

War Crimes Memoranda

No abstract provided.

One Of The Likely Defendants Before The Extraordinary Chambers, Mr. Ieng Sary, Received A Pardon By The King Of Cambodia In Relation To His 1979 Conviction For Genocide. The U.N. And Cambodia Have Agreed That [The Eccc] Should Decide The Scope Of This Pardon.., Conor Mclaughlin

War Crimes Memoranda

No abstract provided.

Are Civilian Informants From Al Dujayl Liable Before The Iht?, Kevin Pendergast

War Crimes Memoranda

No abstract provided.

Did The Forcible Transfer, Active Concealment, Torture And Murder Of Non-Combatant Kuwaiti Citizens And Third Party Nationals In August Of 1991 To March Of 1992 Constitute Any Crime Within The Jurisdiction Of The Iraqi High Tribunal? Did The Capture, Torture And Public Murder Of Captive Coalition Troops By Iraqi Troops During The 1991 War Constitute A Crime Within The Jurisdiction Of The Iraqi High Tribunal? Did The Seizure And Placement Of Non-Combatant Foreigners In Direct Proximity To Military Targets Constitute A Crime Within The Jurisdiction Of The Iraqi High Tribunal?, Gregory S. Mcneal

War Crimes Memoranda

No abstract provided.

To What Extent Does The Cambodian Extraordinary Chambers Meet The Requirements For A Tribunal To Be Deemed Legitimate As Set Out By The Appeals Chamber Of The Icty In The Tadic Case?, Brianne Draffin

War Crimes Memoranda

No abstract provided.

Does International Law Provide Guidance About The Obligations Of The Iraqi Government And/Or Multinational Forces-Iraq To Provide Security For The Defense Attorneys And Their Families?, David Willis

War Crimes Memoranda

No abstract provided.

To What Extent Is Icty Rule 90(H)(Ii), Ictr Rule 90(G)(Ii), Or The Rule From Browne V. Dunn, Followed In The Laws Of Different Nations?, Susanne Townsend

War Crimes Memoranda

No abstract provided.

Voluntary Surrender To The Custody Of The International Criminal Tribunal For Rwanda, Scott D. Perlmuter

War Crimes Memoranda

No abstract provided.

The Applicability Of Article 3 Common To The Geneva Conventions To The Prosecution Of The Armed Forces Revolutionary Council, Kelly Sheahen

War Crimes Memoranda

No abstract provided.

Where An Ongoing Joint Criminal Enterprise Exists, What Is Necessary To Bring About Its Termination As A Matter Of Law Or To Terminate An Individual’S Membership In The Joint Criminal Enterprise?, Michael A. Glazer

War Crimes Memoranda

No abstract provided.

What Is The Definition Of Genocide And What Is The Applicability Of Genocide To The Situation In Cambodia With Respect To The Elements Of “Group” And The Mental State Of The Perpetrator?, Mark H. Bardwell

War Crimes Memoranda

No abstract provided.

Horizontal And Vertical Equity In Taxation As Constitutional Principles: Germany And The United States Contrasted, Henry Ordower

All Faculty Scholarship

Explores U. S. Supreme Court and German Constitutional Court decisions that apply their respective constitutions to taxation controversies, especially controversies in matters involving equal protection or due process protection.

What Do We Owe Each Other In The Global Economic Order?: Constructivist And Contractualist Accounts, John Linarelli

Scholarly Works

No legal system deserving of continued support can exist without an adequate theory of justice. A world trade constitution cannot credibly exist without a clear notion of justice upon which to base a consensus. This paper examines two accounts of fairness found in moral philosophy, those of John Rawls and Tim Scanlon. The Rawlsian theory of justice is well-known to legal scholars. Scanlon's contractualist account may be less well-known. The aim of the paper is to start the discussion as to how fairness theories can be used to develop the tools for examining international economic policies and institutions. After elaborating …

Land Feuds And Their Solutions: Finding International Law Beyond The Tribunal Chamber, Steven R. Ratner

Articles

The resolution of conflicting claims to land has long stood at the heart of the project of international law. Indeed, the encounter between the order envisaged by advocates of the law of nations and what Georges Scelle called the" obsession with territory" has been a defining struggle for our field, demonstrating to some its promise and to others its futility. Much, perhaps even most, legal scholarship on this subject over the last century has focused on adjudication by ad hoc tribunals or standing courts, in which jurists have derived and invoked hallowed principles that enabled them to draw lines-across mountains, …

From The Exile Files: An Essay On Trading Justice For Peace, Michael P. Scharf

Faculty Publications

In the spring and summer of 2003, the United States offered exile in lieu of invasion and prosecution to two rogue leaders accused of committing international crimes - Iraqi President Saddam Hussein (who declined) and Liberian President Charles Taylor (who accepted). In this essay, the author argues that the offer to Hussein was inappropriate, as it violated international treaties requiring prosecution, but that the offer to Taylor was permissible under international law. The essay examines the costs and benefits of amnesty and exile-for-peace deals and the limited nature of the international duty to prosecute. Where the duty to prosecute does …

The Vexing Problem Of Authority In Humanitarian Intervention: A Proposal, Fernando R. Tesón

Scholarly Publications

As is well known, the doctrine of humanitarian intervention raises a host of thorny issues: the threshold for intervention, the question of proportionality, the problem of last resort, the dilemma of whether or not to codify standards and procedures, and so forth. In this paper I will not address those issues; crucial and controversial as they are; I will assume that they have been somehow settled. I will also assume that it is desirable to find alternatives to unilateral intervention. The question, then, becomes this: who should authorize humanitarian intervention? Any acceptable authorizing procedure must avoid over-intervention and abuse on …

Cachet Not Cash: Another Sort Of World Bank Group Borrowing, Natasha Affolder

All Faculty Publications

This article explores the extent to which the World Bank's Environmental and Social Guidelines now serve as standards of acceptable global environmental and social behavior for transnational corporations. Although the World Bank Standards were not created for the purpose of providing global rules for business on social and environmental issues, they are frequently cited as de facto global standards. This article reveals the unlikely rise in prominence of these standards and the widespread adoption of these rules by corporations, public and private financial institutions, governments, and export credit agencies. This example of private borrowing of public standards is intriguing not …

Gender Equality And Women's Solidarity Across Religious, Ethnic And Class Difference In The Kenyan Constitutional Review Process, Athena D. Mutua

Journal Articles

This paper examines Kenyan's women's struggle to gain new legal authority for gender equality and women's empowerment in the Kenya Constitutional Review process. Specifically it examines the efforts of the campaign to "safeguard the gains of women in the Draft Constitution," a campaign launched by a coalition of four civil society organizations in Kenya after the release of a new Draft constitution in 2002. Its focus is the 2002 Draft, the Draft's relationship to the current Kenyan Constitution and to recent constitutional proposals, from a gender perspective.

The constitutional review process is part of a larger movement to democratize the …