Law Commons^™

Disaggregating Customary International Law, Paul B. Stephan

Duke Journal of Comparative & International Law

No abstract provided.

The Trouble With Treaties: Immigration And Judicial Law, Angela M. Banks

Faculty Publications

No abstract provided.

Israel, Palestine, And The Icc, Daniel Benoliel, Ronen Perry

Michigan Journal of International Law

In the wake of the Israel-Gaza 2008-09 armed conflict and recently commenced process at the International Criminal Court (ICC), the Court will soon face a major challenge with the potential to determine its degree of judicial independence and overall legitimacy. It may need to decide whether a Palestinian state exists, either for the purposes of the Court itself, or perhaps even in general. The ICC, which currently has 113 member states, has not yet recognized Palestine as a sovereign state or as a member. Moreover, although the ICC potentially has the authority to investigate crimes which fall into its subject-matter …

Enforcing International Corrupt Practices Law, Paul D. Carrington

Michigan Journal of International Law

This Essay strives to advance the current international movement to deter the transnational corrupt practices that have long burdened the global economy and weakened governments, especially in "developing" nations. Laws made in the last decade to address this longstanding global problem have not been effectively enforced. Described here are the moderately successful efforts in the United States since 1862 to reward private citizens serving as enforcers of laws prohibiting corrupt practices. It is suggested that this American experience might be adapted by international organizations to enhance enforcement of the new public international laws.

Identifying And Enforcing Back-End Electoral Rights In International Human Rights Law, Katherine A. Wagner

Michigan Journal of International Law

From Kenya to Afghanistan, Ukraine, the United States, Mexico, and Iran, no region or form of government has been immune from the unsettling effects of a contested election. The story is familiar, and, these days, hardly surprising: a state holds elections, losing candidates and their supporters claim fraud, people take to the streets, diplomats and heads of state equivocate, and everyone waits for the observers' reports. It is the last chapter of this story-the resolution-that remains unfamiliar and still holds the potential to surprise. The increasing focus on and importance of the resolution of contested elections, that resolution's link to …

Withdrawing From Custom: Choosing Between Default Rules, Rachel Brewster

Duke Journal of Comparative & International Law

No abstract provided.

Customary International Law And Withdrawal Rights In An Age Of Treaties, Curtis A. Bradley, Mitu Gulati

Duke Journal of Comparative & International Law

No abstract provided.

Exit, No Exit, Barbara Koremenos, Allison Nau

Duke Journal of Comparative & International Law

No abstract provided.

Who Killed Article 38(1)(B)? A Reply To Bradley And Gulati, Anthea Roberts

Duke Journal of Comparative & International Law

No abstract provided.

Acquiescence, Objections And The Death Of Customary International Law, David J. Bederman

Duke Journal of Comparative & International Law

No abstract provided.

Exiting Custom: Analogies To Treaty Withdrawals, Laurence R. Helfer

Duke Journal of Comparative & International Law

No abstract provided.

Withdrawing From Custom And The Paradox Of Consensualism In International Law, C. L. Lim, Olufemi Elias

Duke Journal of Comparative & International Law

No abstract provided.

Bespoke Custom, Edward T. Swaine

Duke Journal of Comparative & International Law

No abstract provided.

Persistent Objectors, Cooperation, And The Utility Of Customary International Law, Joel P. Trachtman

Duke Journal of Comparative & International Law

No abstract provided.

On The Possibilities Of And For Persistent Objection, Dino Kritsiotis

Duke Journal of Comparative & International Law

No abstract provided.

Disintegrating Customary International Law: Reactions To Withdrawing From International Custom, Christiana Ochoa

Duke Journal of Comparative & International Law

No abstract provided.

The Problem Of Parental Relocation: Closing The Loophole In The Law Of International Child Abduction, Maryl Sattler

Washington and Lee Law Review

No abstract provided.

Power, Exit Costs, And Renegotiation In International Law, Timothy L. Meyer

Scholarly Works

Scholars have long understood that the instability of power has ramifications for compliance with international law. Scholars have not, however, focused on how states’ expectations about shifting power affect the initial design of international agreements. In this paper, I integrate shifting power into an analysis of the initial design of both the formal and substantive aspects of agreements. I argue that a state expecting to become more powerful over time incurs an opportunity cost by agreeing to formal provisions that raise the cost of exiting an agreement. Exit costs - which promote the stability of legal rules - have distributional …

The Post-Medellin Case For Legislative Standing, James A. Turner

Articles in Law Reviews & Journals

After the terrorist attacks against the United States on September 11, 2001, the balance of power between the executive and legislative branches of government in this country shifted. President Bush expanded the executive’s unilateral authority in international affairs and war powers. Both President Bush and President Obama have extended executive power, and then staunchly protected their expansion of authority from limitation by the legislative and judicial branches. Further, Bush’s use of presidential signing statements to undermine legislative intent suggests that the executive’s power to avoid legislative input may be virtually limitless.

The Supreme Court’s 2008 Medellín v. Texas decision appeared …

The Post-Medellín Case For Legislative Standing, James A. Turner

American University Law Review

No abstract provided.

Purposeful Ambiguity As International Legal Strategy: The Two China Problem, Anthony D'Amato

Faculty Working Papers

For every definable term in international law there are clear cases and fuzzy cases. Everyone accepts that the term "state" applies to Paraguay, Poland, Portugal and over a hundred other clear cases, but does it apply to Puerto Rico, Western Samoa, the Isle of Man, the Channel Islands, Gibraltar, or the Vatican City? The word "treaty" has thousands of clear applications, but does it apply to an exchange of faxes between two governments or a handshake between two diplomats at a cocktail party? In addition to ambiguities of this kind, international law is replete with deliberately created ambiguities. One of …

Plural Vision: International Law Seen Through The Varied Lenses Of Domestic Implementation, D. A. Jeremy Telman

Law Faculty Publications

This Essay introduces a collection of essays that have evolved from papers presented at a conference on “International Law in the Domestic Context.” The conference was a response to the questions raised by the U.S. Supreme Court’s decision in Medellín v. Texas and also a product of our collective curiosity about how other states address tensions between international obligations and overlapping regimes of national law.

Our constitutional tradition speaks with many voices on the subject of the relationship between domestic and international law. In order to gain a broader perspective on that relationship, we invited experts on foreign law to …

Inaccessible Justice: Human Rights, Persons With Disabilities And The Legal System, Stephanie Ortoleva

ILSA Journal of International & Comparative Law

This paper focuses on the important concept of access to justice and what it means to persons with disabilities.

A "Re-Visioned" Foreign Direct Investment Approach From An Emerging Country Perspective: Moving From A Vicious Circle To A Virtuous Cycle, Rumu Sarkar

ILSA Journal of International & Comparative Law

This Critical Essay sets forth and expands upon remarks presented at the International Law Weekend 2010 in New York, New York, which constitutes the annual meeting of the American Branch of the International Law Association (ABILA)

42 U.S.C. § 1983: A Legal Vehicle With No International Human Rights Treaty Passengers, Matthew J. Jowanna

Matthew J. Jowanna

How do international human rights treaties interact with the domestic civil rights law of the United States, and particularly 42 U.S.C. § 1983? How should international human rights treaties interact with the domestic civil rights law of the United States? “International law is part of our law, and must be ascertained and administered by the courts of justice of appropriate jurisdiction as often as questions of right depending upon it are duly presented for their determination.” Whether fully implemented in domestic law or not, the United States is obligated to respect the international treaties it ratifies. However, exactly how has …

International Human Rights Law And Co-Parent Adoption, Prof. Elizabeth Burleson

Prof. Elizabeth Burleson

Children would benefit substantially if governments legally recognized same sex marriages and parenting. This article analyzes international human rights law, co-parent adoption, and the recognition of gay and lesbian families. It addresses civil marriage and adoption challenges for same sex families and assesses European Court of Human Rights jurisprudence relating to same-sex adoption. This article considers the international community's efforts to implement the best interest of the child standard concluding that recognition of same sex families is in the best interest of the child and should be facilitated in a timely manner by jurisdictions at all levels.

Plural Vision: International Law Seen Through The Varied Lenses Of Domestic Implementation, D. A. Jeremy Telman

D. A. Jeremy Telman

This essay introduces a collection of essays that have evolved from papers presented at a conference on “International Law in the Domestic Context.” The conference was a response to the questions raised by the U.S. Supreme Court’s decision in Medellín v. Texas and also a product of our collective curiosity about how other states address tensions between international obligations and overlapping regimes of national law.

Our constitutional tradition speaks with many voices on the subject of the relationship between domestic and international law. In order to gain a broader perspective on that relationship, we invited experts on foreign law to …

The Thickest Grey: Assessing The Status Of The Civilian Response Corps Under The Law Of International Armed Conflict And The U.S. Approach To Targeting Civilians, Dan E. Stigall

American University International Law Review

No abstract provided.

The United States And Human Rights Treaties: Race Relations, The Cold War, And Constitutionalism, Curtis A. Bradley

Faculty Scholarship

The United States prides itself on being a champion of human rights and pressures other countries to improve their human rights practices, and yet appears less willing than other nations to embrace international human rights treaties. Many commentators attribute this phenomenon to the particular historical context that existed in the late 1940s and early 1950s when human rights treaties were first being developed. These commentators especially emphasize the race relations of the time, noting that some conservatives resisted the developing human rights regime because they saw it as an effort by the federal government to extend its authority to address …

International Soft Law, Andrew T. Guzman, Timothy L. Meyer

Faculty Scholarship

Although the concept of soft law has existed for years, scholars have not reached consensus on why states use soft law or even whether “soft law” is a coherent analytic category. In part, this confusion reflects a deep diversity in both the types of international agreements and the strategic situations that produce them. In this paper, we advance four complementary explanations for why states use soft law that describe a much broader range of state behavior than has been previously explained.

First, and least significantly, states may use soft law to solve straightforward coordination games in which the existence of …