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Full-Text Articles in Law
Hope For Reform Springs Eternal: How The Sponsorship System, Domestic Laws And Traditional Customs Fail To Protect Migrant Domestic Workers In Gcc Countries, Heather E. Murray
Hope For Reform Springs Eternal: How The Sponsorship System, Domestic Laws And Traditional Customs Fail To Protect Migrant Domestic Workers In Gcc Countries, Heather E. Murray
Cornell International Law Journal
No abstract provided.
Renegotiate The Wto Schedules Of Commitments: Technological Development And Treaty Interpretation, Shin-Yi Peng
Renegotiate The Wto Schedules Of Commitments: Technological Development And Treaty Interpretation, Shin-Yi Peng
Cornell International Law Journal
The interpretation of schedules has been the subject of several Panel and Appellate Body reports in recent years, and it is anticipated that challenges to schedules related to information and communication technologies before the dispute settlement body will increase. The recent decisions of the Panel and the Appellate Body in EC-IT Products and China-Audiovisual Services may become significant leading cases on the issues of how to interpret "schedules of commitments" in this rapidly changing digital era. I conclude in this article that the Panel appropriately recognized in EC-IT Products that the Information Technology Agreement is not relevant in determining the …
From Control To Communication: Science, Philosophy, And World Trade Law, Sungjoon Cho
From Control To Communication: Science, Philosophy, And World Trade Law, Sungjoon Cho
Cornell International Law Journal
Recently, science has become increasingly salient in various fields of international law. In particular, the World Trade Organization (WTO) Sanitary and Phytosanitary (SPS) Agreement stipulates that a regulating state must provide scientific justification for its food safety measures. Paradoxically, however, this ostensibly neutral reference to science often complicates treaty interpretation. It tends to take treaty interpretation beyond the conventional methodology provided by the Vienna Convention on the Law of Treaties, which is primarily concerned with clarifying and articulating the text of treaties. The two decades old transatlantic trade dispute over the safety of hormone-treated beef is a case in point. …
The Intent-To-Benefit: Individually Enforceable Rights Under International Treaties, Sital Kalantry
The Intent-To-Benefit: Individually Enforceable Rights Under International Treaties, Sital Kalantry
Cornell Law Faculty Publications
Citizens of foreign countries are increasingly using international treaties to assert claims against Federal and state governments. As a result, U.S. courts are being asked to determine whether treaties provide litigants with individually enforceable rights. Although courts have no consistent approach to determining whether a treaty gives rise to individually enforceable rights, they often apply the textualist methodology derived from statutory interpretation. However, instead of using textual theories of statutory interpretation, I argue that courts should use intentionalist theories developed from contract interpretation in determining individually enforceable rights under treaties. Two positive arguments and one negative argument support my approach. …
Political Challenges Behind The Implementation Of The Optional Protocol To The Convention On The Rights Of The Child, Michael Southwick
Political Challenges Behind The Implementation Of The Optional Protocol To The Convention On The Rights Of The Child, Michael Southwick
Cornell International Law Journal
No abstract provided.
Challenges In Implementing And Enforcing Children’S Rights, Kathy Vandergrift
Challenges In Implementing And Enforcing Children’S Rights, Kathy Vandergrift
Cornell International Law Journal
No abstract provided.
Limiting Attacks On Dual-Use Facilities Performing Indispensable Civilian Functions, Henry Shue, David Wippman
Limiting Attacks On Dual-Use Facilities Performing Indispensable Civilian Functions, Henry Shue, David Wippman
Cornell International Law Journal
No abstract provided.
Britain And The European Convention, A. W. Brian Simpson
Britain And The European Convention, A. W. Brian Simpson
Cornell International Law Journal
No abstract provided.
The European Union And Legitimacy: Time For A European Constitution, Mark Killian Brewer
The European Union And Legitimacy: Time For A European Constitution, Mark Killian Brewer
Cornell International Law Journal
No abstract provided.
The Un Global Compact: Responsibility For Human Rights, Labor Relations, And The Environment In Developing Nations, Betty King
Cornell International Law Journal
No abstract provided.
Sino 301: How Congress Can Effectively Review Relations With China After Wto Accession, Charles Tiefer
Sino 301: How Congress Can Effectively Review Relations With China After Wto Accession, Charles Tiefer
Cornell International Law Journal
No abstract provided.
Mai: A European View, Patrick Juillard
Mai: A European View, Patrick Juillard
Cornell International Law Journal
No abstract provided.
De-Fanging The Mai, Mark Vallianatos
De-Fanging The Mai, Mark Vallianatos
Cornell International Law Journal
No abstract provided.
Sovereignty By Subtraction: The Multilateral Agreement On Investment, Robert Stumberg
Sovereignty By Subtraction: The Multilateral Agreement On Investment, Robert Stumberg
Cornell International Law Journal
No abstract provided.
Towards A Multilateral Agreement On Investment, Rainer Geiger
Towards A Multilateral Agreement On Investment, Rainer Geiger
Cornell International Law Journal
No abstract provided.
The Inevitability Of National Treatment Of Foreign Direct Investment With Increasingly Few And Narrow Exceptions, Don Wallace Jr., David B. Bailey
The Inevitability Of National Treatment Of Foreign Direct Investment With Increasingly Few And Narrow Exceptions, Don Wallace Jr., David B. Bailey
Cornell International Law Journal
No abstract provided.
Anticipatory Collective Self-Defense In The Charter Era: What The Treaties Have Said, George K. Walker
Anticipatory Collective Self-Defense In The Charter Era: What The Treaties Have Said, George K. Walker
Cornell International Law Journal
No abstract provided.
Some Lingering Questions About Article 60 Of The Vienna Convention On The Law Of Treaties, Frederic L. Kirgis Jr.
Some Lingering Questions About Article 60 Of The Vienna Convention On The Law Of Treaties, Frederic L. Kirgis Jr.
Cornell International Law Journal
No abstract provided.
The Antarctic Treaty As A Treaty Providing For An Objective Regime, Bruno Simma
The Antarctic Treaty As A Treaty Providing For An Objective Regime, Bruno Simma
Cornell International Law Journal
No abstract provided.
Interpreting Tax Treaties In Canada, The United States, And The United Kingdom, Russell K. Osgood
Interpreting Tax Treaties In Canada, The United States, And The United Kingdom, Russell K. Osgood
Cornell International Law Journal
No abstract provided.