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Full-Text Articles in Law

The Current State Of International Law, S. James Anaya Jan 2006

The Current State Of International Law, S. James Anaya

Publications

No abstract provided.


Divergent Discourses About International Law, Indigenous Peoples, And Rights Over Lands And Natural Resources: Toward A Realist Trend, S. James Anaya Jan 2005

Divergent Discourses About International Law, Indigenous Peoples, And Rights Over Lands And Natural Resources: Toward A Realist Trend, S. James Anaya

Publications

In this article renowned scholar S. James Anaya analyzes the divergent assessments of international law's treatment of indigenous peoples' demands to lands and natural resources. The author explores several strains of arguments that have been advanced within this debate, including state-centered arguments and human rights-based arguments. The author also examines the shortcomings of recurring interpretive approaches to international law that consider indigenous peoples' rights to land and resources. From this analysis the author identifies a more promising approach within the human rights framework--which he describes as a realist approach--that focuses on the confluence of values, power, and change. The author …


National Identity And Liberalism In International Law: Three Models, Justin Desautels-Stein Jan 2005

National Identity And Liberalism In International Law: Three Models, Justin Desautels-Stein

Publications

No abstract provided.


Book Review, S. James Anaya Jan 2005

Book Review, S. James Anaya

Publications

No abstract provided.


Making Room For Critical Race Theory In International Law: Some Practical Pointers, Penelope Andrews Jan 2000

Making Room For Critical Race Theory In International Law: Some Practical Pointers, Penelope Andrews

Articles & Chapters

In addition to assessing the pertinence of critical race theory in unmasking international law's colonial, racist and patriarchal underpinnings, this paper attempts to suggest practical ways in which a critical race theoryapproach can enrich the international legal system, by giving a voice to the voiceless and by addressing the conditions of marginality in which much of the developing world is trapped.

This paper will do three things. First, it will peruse the contemporary global situation with respect to international law and human rights. Second, it will assess the contribution of critical race theory in advancing an understanding of, and solution …


New Zealand's Forgotten Promises: The Treaty Of Waitangi, Jennifer S. Mcginty Nov 1992

New Zealand's Forgotten Promises: The Treaty Of Waitangi, Jennifer S. Mcginty

Vanderbilt Journal of Transnational Law

This Note presents the problems the Maori, New Zealand's indigenous people, have encountered in seeking enforcement of the Treaty of Waitangi that they signed with Great Britain in 1840. It argues that the Treaty of Waitangi is a valid legal document that should be fully integrated into New Zealand domestic law and afforded protection under international law. The author argues that the Maori met the international law requirements of statehood in 1840 and, therefore, were capable of entering into a treaty with Great Britain. Even if there was no Maori state capable of entering into a treaty, there is analogous …


Books Received, Law Review Staff Dec 1950

Books Received, Law Review Staff

Vanderbilt Law Review

Books Received

Availability for Work

By Ralph Altman

Cambridge: Harvard University Press, 1950. Pp. 350. $4.50

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Comparative Law, Cases and Materials

Rudolf B. Schlesinger

Brooklyn:The Foundation Press, Inc., 1950. Pp. 552. $7.50

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Federal Jurisdiction and Procedure, Cases

By Ray Forrester

St. Paul:West Publishing Company, 1950. Pp. 990. $8.50.

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Financial History of Tennessee Since 1870

By James E. Thorogood

State of Tennessee: Department of Finance and Taxation, 1950. Pp. 245.

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International Law, Cases and Materials

By Edwin D. Dickinson

Brooklyn: The Foundation Press, Inc., 1950. Pp. 740. $8.00

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Primer of Procedure

By Delmar Karlen Madison:

Campus …