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Articles 1 - 9 of 9

Full-Text Articles in Law

A Fiduciary Theory Of Jus Cogens, Evan J. Criddle, Evan Fox-Decent Jul 2009

A Fiduciary Theory Of Jus Cogens, Evan J. Criddle, Evan Fox-Decent

Faculty Publications

No abstract provided.


A Question Of Sovereignty, Development, And Natural Resources: A New Standard For Binding Third Party Nonsignatory Governments To Arbitration, Jacob Stoehr Jun 2009

A Question Of Sovereignty, Development, And Natural Resources: A New Standard For Binding Third Party Nonsignatory Governments To Arbitration, Jacob Stoehr

Washington and Lee Law Review

No abstract provided.


Leviathan’S Rage: State Sovereignty And Crimes Against Humanity In The Late Twentieth Century, Cecil Bryant Lawson Feb 2009

Leviathan’S Rage: State Sovereignty And Crimes Against Humanity In The Late Twentieth Century, Cecil Bryant Lawson

Doctoral Dissertations 1896 - February 2014

This dissertation explores the relationship between state sovereignty and major instances of crimes against humanity committed in the latter 20 th century. In order to examine this dynamics of this relationship, the author analyzes the history and theory of the concept of sovereignty and examines five case studies of crimes against humanity: Cambodia under the Khmer Rouge, Argentina during the military junta from 1976 to 1983, the breakup of the former Yugoslavia, Rwanda in 1994, and the ongoing conflict in the Darfur region of Sudan. State sovereign power is shown to be an important facilitating factor in these atrocities as …


Public International Law And Its Territorial Imperative, Dino Kritsiotis Jan 2009

Public International Law And Its Territorial Imperative, Dino Kritsiotis

Michigan Journal of International Law

Territory, or the concept of territory, thus asserts itself throughout the discipline of public international law, and its influences can be felt either through direct means or discrete.


Bordering Capabilities Versus Borders: Implications For National Borders, Saskia Sassen Jan 2009

Bordering Capabilities Versus Borders: Implications For National Borders, Saskia Sassen

Michigan Journal of International Law

A core argument of this Essay is that the capability to make borderings has itself switched organizing logics: from institutionalizing the perimeter of a territory to multiplying transversal borderings cutting across that perimeter. This switch is partly linked to the types of scalar shifts in the operational space of a growing number of systems. To the more economic systems already mentioned above, let me add such diverse instances as the policing of the illegal drug trade, the war on terror, the judicial and political struggle to protect human rights, and the environmental effort to reorganize transnational economic sectors, including the …


Universal Jurisdiction As An International "False Conflict" Of Laws, Anthony J. Colangelo Jan 2009

Universal Jurisdiction As An International "False Conflict" Of Laws, Anthony J. Colangelo

Michigan Journal of International Law

This Essay proposes a framework for analyzing the concept of universal jurisdiction and evaluating its exercise by States in the international legal system. In brief, the author argues that universal jurisdiction is unique among the bases of prescriptive jurisdiction in international law, and that its unique character gives rise to unique-and underappreciated- limiting principles. The main analytical device the author uses to make this argument is the notion of a "false conflict," which is borrowed from the private law field of conflict of laws, also known outside the United States as private international law. The author does not suggest that …


Reclaiming International Law From Extraterritoriality, Austen L. Parrish Jan 2009

Reclaiming International Law From Extraterritoriality, Austen L. Parrish

Articles by Maurer Faculty

A fierce debate ensues among leading international law theorists that implicates the role of national courts in solving global challenges. On the one side are scholars who are critical of international law and its institutions. These scholars, often referred to as Sovereigntists, see international law as a threat to democratic sovereignty. On the other side are scholars who support international law as a key means of promoting human and environmental rights, as well as global peace and stability. These scholars are the 'new' Internationalists because they see non-traditional, non-state actors as appropriately enforcing international law at the sub-state level. The …


A Palestinian State, Jennifer A. Hileman-Tabios Jan 2009

A Palestinian State, Jennifer A. Hileman-Tabios

UNLV Theses, Dissertations, Professional Papers, and Capstones

Should an independent, sovereign state of Palestine have the right to exist? The establishment of an independent Palestinian state is important because it could possibly end an extended period of violence with Israel, where civilian casualties have been high, and it could help to solidify a foundation of political tolerance and acceptance in the Middle East. Under the proposed two-state solution, an independent Palestinian state is possible. However, to determine if a Palestinian state is viable, it will be necessary to examine internal political struggles, economic resources, systems of communication, political systems and internal and external political policies. This qualitative …


From Pinochet To Rumsfeld: Universal Jurisdiction In Europe 1998-2008, Wolfgang Kaleck Jan 2009

From Pinochet To Rumsfeld: Universal Jurisdiction In Europe 1998-2008, Wolfgang Kaleck

Michigan Journal of International Law

This Essay provides a survey of more than fifty universal jurisdiction proceedings in European courts and illustrates that universal jurisdiction is no longer a seldom-used theoretical concept, but a widespread practice. However, it is a practice that faces a number legal and practical obstacles identified here. Similar difficulties are encountered in other mechanisms used to combat impunity, including territorial and personality jurisdiction, state accountability at the European Court of Human Rights (ECtHR) and the Inter-American Court of Human Rights (IACtHR), and civil litigation in the United States. The Essay then begins an evaluation of the last ten years of universal …