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Full-Text Articles in Law
The Treaty Of Nice: Arming The Courts To Defend A European Bill Of Rights?, Liz Heffernan
The Treaty Of Nice: Arming The Courts To Defend A European Bill Of Rights?, Liz Heffernan
Law and Contemporary Problems
In Dec 2000, the European heads of government, meeting in Nice France, took several momentous steps in the constitutional development of the EU. Potentially, the Nice Summit will mark a major milepost on the road to a European bill of rights. Assuming the member states ultimately enact remedial measures, including judicial protection, the transition may prove no less influential than the adoption of the Bill of Rights in the US.
Overlegalizing Human Rights: International Relations Theory And The Commonwealth Caribbean Backlash Against Human Rights Regimes, Laurence R. Helfer
Overlegalizing Human Rights: International Relations Theory And The Commonwealth Caribbean Backlash Against Human Rights Regimes, Laurence R. Helfer
Faculty Scholarship
This article raises the intriguing claim that international law can be overlegalized. Overlegalization occurs where a treaty's substantive rules or its review procedures are too constraining of sovereignty, causing governments to engage in acts of non-compliance or even to denounce the treaty. The concept of legalization and its potential excesses, although unfamiliar to many legal scholars, has begun to be explored by international relations theorists analyzing the effects of legal rules in changing state behavior. This article bridges the gap between international legal scholarship and international relations theory by exploring a recent case study of overlegalization. It seeks to understand …
Some Comments On Rulemaking At The World Intellectual Property Organization, Edward Kwakwa
Some Comments On Rulemaking At The World Intellectual Property Organization, Edward Kwakwa
Duke Journal of Comparative & International Law
No abstract provided.
U.S. Announces Intent Not To Ratify International Criminal Court Treaty, Curtis A. Bradley
U.S. Announces Intent Not To Ratify International Criminal Court Treaty, Curtis A. Bradley
Faculty Scholarship
No abstract provided.